[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Rules and Regulations]
[Pages 80469-80470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28364]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 413 and 512

[CMS-1768-CN]
RIN 0938-AU79


Medicare Program; End-Stage Renal Disease Prospective Payment 
System, Payment for Renal Dialysis Services Furnished to Individuals 
With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive 
Program, and End-Stage Renal Disease Treatment Choices Model; 
Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects technical errors that appeared in the 
November 7, 2022 Federal Register in the final rule entitled ``Medicare 
Program; End-Stage Renal Disease Prospective Payment System, Payment 
for Renal Dialysis Services Furnished to Individuals With Acute Kidney 
Injury, End-Stage Renal Disease Quality Incentive Program, and End-
Stage Renal Disease Treatment Choices Model'' (referred to hereafter as 
the calendar year (CY) 2023 ESRD PPS final rule).

DATES: This correction is effective January 1, 2023.

FOR FURTHER INFORMATION CONTACT: 
    [email protected], for issues related to the ESRD PPS and 
coverage and payment for renal dialysis services furnished to 
individuals with acute kidney injury (AKI).
    [email protected], for issues related to applications 
for the Transitional Add-On Payment Adjustment for New and Innovative 
Equipment and Supplies (TPNIES) or the Transitional Drug Add-on Payment 
Adjustment (TDAPA).

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2022-23778 of November 7, 2022 (87 FR 67136), there were 
a number of typographical 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 7, 2022 Federal Register. Accordingly, the 
corrections are effective January 1, 2023.

II. Summary of Errors

    On pages 67170 and 67171, we inadvertently made a typographical

[[Page 80470]]

error to a website address. Therefore, we are correcting the website 
address from ``https://www.cms.gov/Medicare/Medicare-Feefor-Service-
Payment/ESRDpayment/Educational_Resources'' to ``https://www.cms.gov/
Medicare/Medicare-Fee-for-Service-Payment/ESRDpayment/
Educational_Resources.''
    On page 67194, in the first column, we inadvertently made a 
typographical error by including an incorrect symbol (J) to the phrase 
``100 cells/JL or >0.1 x 10/L.'' In addition, the font size of this 
phrase inadvertently appears larger than the standard Federal Register 
text. Therefore, we are correcting these errors by replacing the phrase 
``100 cells/JL or >0.1 x 10/L'' to ``>100 cells/[mu]L or >0.1 x 10/L''.
    On page 67195, in the third column, we inadvertently made a 
typographical error by including an incorrect symbol (J) to the phrase 
``(>100 cells/JL, >50 percent PMN).\46\''. In addition, the font size 
of this phrase is inadvertently larger than the standard Federal 
Register text. Therefore, we are correcting these errors by replacing 
the phrase ``(>100 cells/JL, >50 percent PMN).\46\'' to ``(>100 cells/
[mu]L, >50 percent PMN).\46\''.

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 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) 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 of the 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 is 
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 correcting document does not constitute a rule 
that would be subject to the notice and comment or delayed effective 
date requirements. This document corrects typographic errors and does 
not make substantive changes to the policies or payment methodologies 
that were adopted in the CY 2023 ESRD PPS final rule. Thus, this 
correcting document is intended to ensure that the information is 
accurately reflected 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 2023 ESRD PPS final rule or delaying the effective date of the 
correction 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 
CY 2023 ESRD PPS 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. 2022-23778 of November 7, 2022 (87 FR 67136), make the 
following corrections:
    1. On page 67170, in the second column; in footnote 14, at the 
bottom of the page, the website address ``https://www.cms.gov/Medicare/
Medicare-Feefor-Service-Payment/ESRDpayment/Educational_Resources'' is 
corrected to read ``https://www.cms.gov/Medicare/Medicare-Fee-for-
Service-Payment/ESRDpayment/Educational_Resources.''.
    2. On page 67171, the first column; in footnote 15, at the bottom 
of the page, the website address ``https://www.cms.gov/Medicare/
Medicare-Feefor-Service-Payment/ESRDpayment/Educational_Resources'' is 
corrected to read ``https://www.cms.gov/Medicare/Medicare-Fee-for-
Service-Payment/ESRDpayment/Educational_Resources.''.
    3. On page 67171, in the second column; in footnote 16, at the 
bottom of the page, the website address ``https://www.cms.gov/Medicare/
Medicare-Feefor-Service-Payment/ESRDpayment/Educational_Resources'' is 
corrected to read ``https://www.cms.gov/Medicare/Medicare-Fee-for-
Service-Payment/ESRDpayment/Educational_Resources.''.
    4. On page 67194, in the first column; in the first complete 
paragraph, in line 22, the phrase ``100 cells/JL or >0.1 x 10/L'' is 
corrected to read ``>100 cells/[mu]L or >0.1 x 10/L''.
    5. On page 67195, in the third column; in the first paragraph, in 
line 11, the phrase ``(>100 cells/JL, >50 percent PMN).\46\'' is 
corrected to read ``(>100 cells/[mu]L, >50 percent PMN).\46\''.

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2022-28364 Filed 12-29-22; 8:45 am]
BILLING CODE 4120-01-P