[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Rules and Regulations]
[Pages 72531-72532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27568]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 409, 424, 483, 484, 488, 489, and 498
[CMS-1747-CN and CMS-5531-CN]
RINs 0938-AU37 and 0938-AU32
Medicare and Medicaid Programs; CY 2022 Home Health Prospective
Payment System Rate Update; Home Health Value-Based Purchasing Model
Requirements and Model Expansion; Home Health and Other Quality
Reporting Program Requirements; Home Infusion Therapy Services
Requirements; Survey and Enforcement Requirements for Hospice Programs;
Medicare Provider Enrollment Requirements; and COVID-19 Reporting
Requirements for Long-Term Care Facilities; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction.
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SUMMARY: This document corrects technical and typographical errors that
appeared in the final rule published in the Federal Register on
November 9, 2021 titled ``Medicare and Medicaid Programs; CY 2022 Home
Health Prospective Payment System Rate Update; Home Health Value-Based
Purchasing Model Requirements and Model Expansion; Home Health and
Other Quality Reporting Program Requirements; Home Infusion Therapy
Services Requirements; Survey and Enforcement Requirements for Hospice
Programs; Medicare Provider Enrollment Requirements; and COVID-19
Reporting Requirements for Long-Term Care Facilities''.
DATES: This correcting document is effective January 1, 2022.
FOR FURTHER INFORMATION CONTACT: Brian Slater, (410) 786-5229, for home
health payment inquiries.
Frank Whelan (410) 786-1302, for provider enrollment inquiries.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021-23993 of November 9, 2021 (86 FR 62431), there were
a number of technical errors that are identified and corrected in this
correcting document. The provisions in this correction document are
effective as if they had been included in the document that appeared in
the November 9, 2021 Federal Register.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 62240, we inadvertently included a website address that is
not related to Home Health Value Based Purchasing Model.
On pages 62250 and 62251, in our discussion of the functional
impairment levels under the Patient-Driven Groupings Model (PDGM), we
made typographical errors in an Outcome and Assessment Information Set
(OASIS) item number.
On page 62251, we inadvertently omitted a note following the table
titled ``Table 2: OASIS Points Table for those Items Associated with
Increases Resource Use Using a Reduced Set of OASIS Items, CY 2020''.
B. Summary of Errors in the Regulations Text
On page 62419, in our amendatory instructions for Sec. 424.525, we
made an inadvertent error in specifying the revisions to Sec.
424.525(a)(3).
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA),
the agency is required to publish a notice of the proposed rulemaking
in the Federal Register before the provisions of a rule take effect.
Similarly, section 1871(b)(1) of the Act requires the Secretary to
provide for notice of the proposed rulemaking in the Federal Register
and provide a period of not less than 60 days for public comment. In
addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of
the Act mandate a 30-day delay in effective date after issuance or
publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA
provide for exceptions from the notice and comment and delay in
effective date APA requirements; in cases in which these exceptions
apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide
exceptions from the notice and 60-day comment period and delay in
effective date requirements of the Act as well. Section 553(b)(B) of
the APA and section 1871(b)(2)(C) of the Act authorize an agency to
dispense with normal rulemaking requirements for good cause if the
agency makes a finding that the notice and comment process are
impracticable, unnecessary, or contrary to the public interest. In
addition, both section 553(d)(3) of the APA and section
1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay
in effective date where such delay is contrary to the public interest
and an agency includes a statement of support.
We believe that this final rule correction does not constitute a
rule that would be subject to the notice and comment or delayed
effective date requirements. This document corrects typographical and
technical errors in the CY 2022 HH PPS final rule, but does not make
substantive changes to the policies or payment methodologies that were
adopted in the final rule. As a result, this final rule correction is
intended to ensure that the information in the CY 2022 HH PPS final
rule accurately reflects the policies adopted in that document.
In addition, even if this were a rule to which the notice and
comment procedures and delayed effective date requirements applied, we
find that there is good cause to waive such requirements. Undertaking
further notice and comment procedures to incorporate the corrections in
this document into the final rule or delaying the effective date would
be contrary to the public interest because it is in the public's
interest for providers to receive appropriate payments in as timely a
manner as possible, and to ensure that
[[Page 72532]]
the CY 2022 HH PPS final rule accurately reflects our policies.
Furthermore, such procedures would be unnecessary, as we are not
altering our payment methodologies or policies, but rather, we are
simply implementing correctly the methodologies and policies that we
previously proposed, requested comment on, and subsequently finalized.
This final rule correction is intended solely to ensure that the CY
2022 HH PPS final rule accurately reflects these payment methodologies
and policies. Therefore, we believe we have good cause to waive the
notice and comment and effective date requirements. Moreover, even if
these corrections were considered to be retroactive rulemaking, they
would be authorized under section 1871(e)(1)(A)(ii) of the Act, which
permits the Secretary to issue a rule for the Medicare program with
retroactive effect if the failure to do so would be contrary to the
public interest. As we have explained previously, we believe it would
be contrary to the public interest not to implement the corrections in
this final rule correction because it is in the public's interest for
providers to receive appropriate payments in as timely a manner as
possible, and to ensure that the CY 2022 HH PPS final rule accurately
reflects our policies.
IV. Correction of Errors
In FR Doc. 2021-23993 of November 9, 2021 (86 FR 62240), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 62240, second column, fifth full paragraph, lines 3
through 5, the phrase ``https://share.cms.gov/center/CCSQ/CSG/DIQS/LTC/LTCCOVIDReportingfinalrule/ please visit'' is corrected to read
``please visit''.
2. On page 62250, second column, second full paragraph, line 7, the
figure ``M1032'' is corrected to read ``M1033''.
3. On page 62251:
a. In the Table titled ``Table 2: OASIS Points Table for those
Items Associated with Increased Resource Use Using a Reduced Set of
OASIS Items, CY 2020'', last row, first column, the ``M1032'' is
corrected to read ``M1033''.
b. Following the table, after the table note that begins ``Source:
CY 2020'' and ends ``July 12, 2021'', the table notes are corrected by
adding the following:
``Note: For the OASIS items in this table, the association between
OASIS points and responses is directly associated with the resource use
for each item.''.
B. Correction of Errors in the Regulations Text
Sec. 424.525 [Corrected]
0
1. On page 62419, second column, in Sec. 424.525, amendatory
instruction 7b. is corrected to read as follows:
``b. In--
0
i. Paragraphs (a)(2) and (b) by removing the phrase ``prospective
provider'' and adding the word ``provider'' in its place; and
0
ii. Paragraph (a)(3) by removing the phrase ``prospective institutional
provider'' and adding the phrase ``institutional provider'' in its
place; and''.
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2021-27568 Filed 12-21-21; 8:45 am]
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