[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Rules and Regulations]
[Pages 73157-73160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27853]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 403, 405, 410, 411, 414, 415, 423, 424, and 425

[CMS-1751-CN]
RIN 0938-AU42


Medicare Program; CY 2022 Payment Policies Under the Physician 
Fee Schedule and Other Changes to Part B Payment Policies; Medicare 
Shared Savings Program Requirements; Provider Enrollment Regulation 
Updates; Provider and Supplier Prepayment and Post-Payment Medical 
Review Requirements; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Final rule; correction.

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[[Page 73158]]

SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the Federal Register on November 19, 2021 
entitled ``Medicare Program; CY 2022 Payment Policies Under the 
Physician Fee Schedule and Other Changes to Part B Payment Policies; 
Medicare Shared Savings Program Requirements; Provider Enrollment 
Regulation Updates; and Provider and Supplier Prepayment and Post-
Payment Medical Review Requirements'' (referred to hereafter as the 
``CY 2022 PFS final rule''). The effective date of the CY 2022 PFS 
final rule is January 1, 2022.

DATES: This correction is effective January 1, 2022.

FOR FURTHER INFORMATION CONTACT: Terri Plumb, (410) 786-4481, Gaysha 
Brooks, (410) 786-9649, or Annette Brewer (410) 786-6580.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2021-23972 of November 19, 2021, the CY 2022 PFS final 
rule (86 FR 64996), there were technical errors that are identified and 
corrected in this correcting document. These corrections are effective 
as if they had been included in the CY 2022 PFS final rule. 
Accordingly, the corrections are effective January 1, 2022.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 65320, in Table 39: MDPP Payment Structure, lines 7 and 9, 
we made typographical errors in the final payment rate for Core 
Maintenance (CM) Session (Months 7-12) for entries Attend 2 Core 
Maintenance Sessions (No 5% WL) in CM Interval 1 (Months 7-9)) and 
(Attend 2 Core Maintenance Sessions (No 5% WL) in CM Interval 2 (Months 
10-12)).
    On page 65324, second column, first partial paragraph, line 26, we 
made a typographical error in the core maintenance sessions amount.

B. Summary of Errors in the Regulations Text

    On page 65668, third column, line 4 contains a typographical error.
    On page 65670, second column, line 41 contains a typographical 
error in the paragraph designation.
    On page 65670, second column, lines 44 through 45 contain a 
typographical error in the paragraph designation.
    On page 65673, third column, lines 4 through 5 contain 
typographical errors.
    On page 65673, third column, lines 57 through 58 contain 
typographical errors.
    On page 65673, third column, line 66 contains typographical errors.

C. Summary of Errors in the Addenda

    On page 65702, B.1 Allergy/Immunology, eighth column, second full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 6, contains a typographical error.
    On page 65725, B.9 Dermatology, eighth column, second full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, contains a typographical error.
    On page 65730, B.11 Emergency Medicine, eighth column, seventh full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 6, contains a typographical error.
    On page 65743, B.13 Family Medicine, eighth column, first full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 8, contains a typographical error.
    On page 65751, B.14 Gastroenterology, eighth column, third full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 7, contains a typographical error.
    On page 65753, B.15 General Surgery, eighth column, sixth full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 6, contains a typographical error.
    On page 65768, B.19 Internal Medicine, eighth column, fifth full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, lines 7 and 8, contain a typographical error.
    On page 65779, B.21 Mental/Behavioral, eighth column, third full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 7, contains a typographical error.
    On page 65783, B.22 Nephrology, eighth column, third full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, contains a typographical error.
    On page 65787, B.23 Neurology, eighth column, seventh full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, contains a typographical error.
    On page 65800, B.26 Obstetrics/Gynecology, eighth column, third 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, line 10, contains a typographical 
error.
    On page 65805, B.27 Oncology/Hematology, eighth column, fifth full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 8, contains a typographical error.
    On page 65817, B.29 Orthopedic Surgery, eighth column, second full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 8, contains a typographical error.
    On page 65824, B.30 Otolaryngology, eighth column, second full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, lines 7 and 8, contain a typographical error.
    On page 65833, B.33 Physical Medicine, eighth column, second full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, lines 7 and 8, contain a typographical error.
    On page 65841, B.35 Plastic Surgery eighth column, third full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, lines 7 and 8, contain a typographical error.
    On page 65849, B.37 Preventive Medicine, eighth column, second full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, lines 7 and 8, contain a typographical error.
    On page 65856, B.39 Rheumatology, eighth column, fourth full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, contains a typographical error.
    On page 65859, B.40 Skilled Nursing Facility, eighth column, fifth 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, line 6, contains a typographical 
error.
    On page 65865, B.42 Thoracic Surgery, seventh column, fourth full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, lines 8 and 9, contain a typographical error.
    On page 65867, B.43 Urgent Care, eighth column, second full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, lines 7 and 8, contain a typographical error.
    On page 65870, B.44 Urology, eighth column, fifth full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, contains a typographical error.
    On page 65875, B.45 Vascular Surgery, eighth column, fifth full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and

[[Page 73159]]

Follow-up Documented, line 7, contains a typographical error.
    On page 65967, D.87: Preventive Care and Screening: Screening for 
High Blood Pressure and Follow-up Documented, the Current Measure 
Description for Quality # 317 contains a typographical error.
    On page 65979, Table B: Changes to Previously Adopted Improvement 
Activities for the CY 2022 Performance Period/2024 MIPS Payment Year 
and Future Years, second column, fifth full row, an inadvertent error 
was made noting the current weighting of this Current Improvement 
Activity.
    On page 65980, Table B: Changes to Previously Adopted Improvement 
Activities for the CY 2022 Performance Period/2024 MIPS Payment Year 
and Future Years, second column, fifth full row, an inadvertent error 
was made noting the weighting of this Finalized Improvement Activity.
    On page 65998, footnote 287, an inadvertent error was made noting 
the section of the rule regarding the MVP implementation timeline.

III. Waiver of Proposed Rulemaking

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the 
APA), the agency is required to publish a notice of the proposed rule 
in the Federal Register before the provisions of a rule take effect. 
Similarly, section 1871(b)(1) of the Social Security Act (the Act) 
requires the Secretary to provide for notice of the proposed rule 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 APA notice and 
comment, and delay in effective date 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 notice and comment rulemaking procedures 
for good cause if the agency makes a finding that the notice and 
comment process is impracticable, unnecessary, or contrary to the 
public interest, and includes a statement of the finding and the 
reasons for it in the rule. In addition, section 553(d)(3) of the APA 
and section 1871(e)(1)(B)(ii) allow the agency to avoid the 30-day 
delay in effective date where such delay is contrary to the public 
interest and the agency includes in the rule a statement of the finding 
and the reasons for it.
    In our view, this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This document 
merely corrects technical errors in the CY 2022 PFS final rule. The 
corrections contained in this document are consistent with, and do not 
make substantive changes to, the policies and payment methodologies 
that were proposed, subject to notice and comment procedures, and 
adopted in the CY 2022 PFS final rule. As a result, the corrections 
made through this correcting document are intended to resolve 
inadvertent errors so that the rule accurately reflects the policies 
adopted in the final rule. Even if this were a rulemaking to which the 
notice and comment 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 CY 2022 PFS final rule or delaying the effective 
date of the corrections would be contrary to the public interest 
because it is in the public interest to ensure that the rule accurately 
reflects our policies as of the date they take effect. Further, such 
procedures would be unnecessary because we are not making any 
substantive revisions to the final rule, but rather, we are simply 
correcting the Federal Register document to reflect the policies that 
we previously proposed, received public comment on, and subsequently 
finalized in the final rule. For these reasons, we believe there is 
good cause to waive the requirements for notice and comment and delay 
in effective date.

IV. Correction of Errors

    In FR Doc. 2021-23972 of November 19, 2021 (86 FR 64996) make the 
following corrections:

A. Correction of Errors in the Preamble

    1. On page 65320, in Table 39: MDPP Payment Structure, lines 7 and 
9, the listed entries are corrected to read as follows:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
          Core Maintenance (CM) Sessions (Months 7-12)
----------------------------------------------------------------------------------------------------------------
Attend 2 Core Maintenance Sessions (No 5% WL) in CM Interval 1               $15             $52             $70
 (Months 7-9)...................................................
Attend 2 Core Maintenance Sessions (No 5% WL) in CM Interval 2               $15             $52             $70
 (Months 10-12).................................................
----------------------------------------------------------------------------------------------------------------

    2. On page 65324, second column, first partial paragraph, line 26, 
the phrase that reads ``sessions to from $52.00 to $75.00.'' is 
corrected to read ``sessions from $52.00 to $70.00.''

B. Correction of Errors in the Regulations Text


Sec.  414.84  [Corrected]

0
1. On page 65668, third column, in Sec.  414.84, in paragraph 
(b)(4)(ii)(A), the text ``December 31, 2022 the amount is $75'' is 
corrected to read ``December 31, 2022 the amount is $70.''.


Sec.  414.1305  [Corrected]

0
2. On page 65670, second column, in Sec.  414.1305, in the definition 
of ``MIPS eligible clinician,'' the second paragraph (3)(ii) and 
paragraph (3)(vii) are redesignated as paragraphs (3)(iii) and (iv), 
respectively.


Sec.  414.1380  [Corrected]

0
3. On page 65673, third column, in Sec.  414.1380:
0
i. In paragraph (b)(1)(i) introductory text, the text ``the CY 2017 
through 2021 performance periods/2019 through 2023 MIPS'' is corrected 
to read ``the CY 2017 through 2022 performance periods/2019 through 
2024 MIPS''.
0
ii. In paragraph (b)(1)(i)(A)(1):
0
A. The text ``the CY 2017 through 2021 MIPS performance periods/2019 
through 2023'' is corrected to read ``the CY 2017 through 2022 
performance periods/2019 through 2024''.
0
B. The text ``CY 2022 performance period/2024'' is corrected to read 
``the CY 2023 performance period/2025''.

C. Correction of Errors in the Addenda

    1. On page 65702, B.1 Allergy/Immunology, eighth column, second 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, line 6, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    2. On page 65725, B.9 Dermatology, eighth column, second full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.

[[Page 73160]]

    3. On page 65730, B.11 Emergency Medicine, eighth column, seventh 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, line 6, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    4. On page 65743, B.13 Family Medicine, eighth column, first full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 8, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    5. On page 65751, B.14 Gastroenterology, eighth column, third full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    6. On page 65753, B.15 General Surgery, eighth column, sixth full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 6, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    7. On page 65768, B.19 Internal Medicine, eighth column, fifth full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    8. On page 65779, B.21 Mental/Behavioral, eighth column, third full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    9. On page 65783, B.22 Nephrology, eighth column, third full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    10. On page 65787, B.23 Neurology, eighth column, seventh full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    11. On page 65800, B.26 Obstetrics/Gynecology, eighth column, third 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, line 10, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    12. On page 65805, B.27 Oncology/Hematology, eighth column, fifth 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, line 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    13. On page 65817, B.29 Orthopedic Surgery, eighth column, second 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, line 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    14. On page 65824, B.30 Otolaryngology, eighth column, second full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    15. On page 65833, B.33 Physical Medicine, eighth column, second 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    16. On page 65841, B.35 Plastic Surgery eighth column, third full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    17. On page 65849, B.37 Preventive Medicine, eighth column, second 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    18. On page 65856, B.39 Rheumatology, eighth column, fourth full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    19. On page 65859, B.40 Skilled Nursing Facility, eighth column, 
fifth full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, line 6, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    20. On page 65865, B.42 Thoracic Surgery, seventh column, fourth 
full row, Preventive Care and Screening: Screening for High Blood 
Pressure and Follow-up Documented, lines 8 and 9, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    21. On page 65867, B.43 Urgent Care, eighth column, second full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
    22. On page 65870, B.44 Urology, eighth column, fifth full row, 
Preventive Care and Screening: Screening for High Blood Pressure and 
Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    23. On page 65875, B.45 Vascular Surgery, eighth column, fifth full 
row, Preventive Care and Screening: Screening for High Blood Pressure 
and Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is 
corrected to read ``elevated''.
    24. On page 65967, D.87: Preventive Care and Screening: Screening 
for High Blood Pressure and Follow-up Documented, second column, 
Description, sixth full row, Current Measure Description, line 2, the 
phrase ``pre-hypertensive'' is corrected to read ``elevated''.
    25. On page 65979, Table B: Changes to Previously Adopted 
Improvement Activities for the CY 2022 Performance Period/2024 MIPS 
Payment Year and Future Years, second column, IA_AHE_1, fifth full row, 
of this Current Improvement Activity, Current Weighting, the phrase 
``Medium'' should be corrected to read ``High''.
    26. On page 65980, Table B: Changes to Previously Adopted 
Improvement Activities for the CY 2022 Performance Period/2024 MIPS 
Payment Year and Future Years, second column, IA_AHE_1, fifth full row, 
of this Finalized Improvement Activity, Weighting, the phrase 
``Medium'' should be corrected to read ``High''.
    27. On page 65998, footnote 287, that reads ``See section 
IV.A.3.b.(2)(d) of this final rule for additional details regarding the 
MVP implementation timeline'' is corrected to read: ``See section 
IV.A.3.b.(2)(c) of this final rule for additional details regarding the 
MVP implementation timeline.''

Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2021-27853 Filed 12-23-21; 8:45 am]
BILLING CODE 4120-01-P