United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2008_register executive 2024-05-14 article Part II Rules and Regulations D09002ee1c807b296 D09002ee1c807b375 United States Department of Health and Human Services originator org United States Government Agency or Subagency United States Centers for Medicare & Medicaid Services originator org United States Government Agency or Subagency This final rule with comment period revises the Medicare hospital outpatient prospective payment system to implement applicable statutory requirements and changes arising from our continuing experience with this system, and to implement a number of changes made by the Medicare Improvement for Patients and Providers Act of 2008. In this final rule with comment period, we describe the changes to the amounts and factors used to determine the payment rates for Medicare hospital outpatient services paid under the prospective payment system. These changes are applicable to services furnished on or after January 1, 2009. In addition, this final rule with comment period updates the revised Medicare ambulatory surgical center (ASC) payment system to implement applicable statutory requirements and changes arising from our continuing experience with this system. In this final rule with comment period, we set forth the applicable relative payment weights and amounts for services furnished in ASCs, specific HCPCS codes to which these changes apply, and other pertinent ratesetting information for the CY 2009 ASC payment system. These changes are applicable to services furnished on or after January 1, 2009. In this document, we are responding to public comments on a proposed rule and finalizing updates to the ASC Conditions for Coverage to reflect current ASC practices and new requirements in the conditions to promote and protect patient health and safety. Further, this final rule also clarifies policy statements included in responses to public comments set forth in the preamble of the March 30, 2007 final rule regarding the Secretary's ability to terminate Medicare providers and suppliers (that is, transplant centers) during an appeal of a determination that affects participation in the Medicare program. 73 FR 68502 https://www.govinfo.gov/app/details/FR-2008-11-18/E8-26212 E8-26212 fr18no08-20 RIN 0938-AP17 RIN 0938-AL80 RIN 0938-AH17 4120-01-P CMS-1404-FC CMS-3887-F CMS-3835-F-1 https://www.govinfo.gov/app/details/FR-2008-11-18/E8-26212 https://www.govinfo.gov/content/pkg/FR-2008-11-18/html/E8-26212.htm https://www.govinfo.gov/content/pkg/FR-2008-11-18/pdf/E8-26212.pdf Health Facilities Health Professions Laboratories Medicare Rural Areas X-Rays Reporting and Recordkeeping Requirements Hospitals 879 p. 68502 69380 73 FR 68502 Title 42 Part 410 42 CFR Part 410 Title 42 Part 416 42 CFR Part 416 Title 42 Part 419 42 CFR Part 419 RIN 0938-AP17 RIN 0938-AL80 RIN 0938-AH17 Medicare Program: Changes to the Hospital Outpatient Prospective Payment System and CY 2009 Payment Rates; Changes to the Ambulatory Surgical Center Payment System and CY 2009 Payment Rates; Hospital Conditions of Participation: Requirements for Approval and Re-Approval of Transplant Centers To Perform Organ Transplants-Clarification of Provider and Supplier Termination Policy Medicare and Medicaid Programs: Changes to the Ambulatory Surgical Center Conditions for Coverage; Federal Register Vol. 73, Issue RULE E8-26212 II DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 2009-01-01 CMS-1404-FC CMS-3887-F CMS-3835-F-1 4120-01-P E8-26212 Final rule with comment period; final rules.

This final rule with comment period revises the Medicare hospital outpatient prospective payment system to implement applicable statutory requirements and changes arising from our continuing experience with this system, and to implement a number of changes made by the Medicare Improvement for Patients and Providers Act of 2008. In this final rule with comment period, we describe the changes to the amounts and factors used to determine the payment rates for Medicare hospital outpatient services paid under the prospective payment system. These changes are applicable to services furnished on or after January 1, 2009. In addition, this final rule with comment period updates the revised Medicare ambulatory surgical center (ASC) payment system to implement applicable statutory requirements and changes arising from our continuing experience with this system. In this final rule with comment period, we set forth the applicable relative payment weights and amounts for services furnished in ASCs, specific HCPCS codes to which these changes apply, and other pertinent ratesetting information for the CY 2009 ASC payment system. These changes are applicable to services furnished on or after January 1, 2009. In this document, we are responding to public comments on a proposed rule and finalizing updates to the ASC Conditions for Coverage to reflect current ASC practices and new requirements in the conditions to promote and protect patient health and safety. Further, this final rule also clarifies policy statements included in responses to public comments set forth in the preamble of the March 30, 2007 final rule regarding the Secretary's ability to terminate Medicare providers and suppliers (that is, transplant centers) during an appeal of a determination that affects participation in the Medicare program.

Effective Dates: The provisions of this rule are effective January 1, 2009, except for amendments to 42 CFR 416.2, 416.41 through 416.43, and 416.49 through 416.52 are effective on May 18, 2009. The policy clarification set forth in section XVIII of the preamble of this rule is effective December 18, 2008. Alberta Dwivedi, (410) 786-0378, Hospital outpatient prospective payment issues. Health Facilities Health Professions Laboratories Medicare Rural Areas X-Rays Reporting and Recordkeeping Requirements Hospitals Medicare Program: Hospital Outpatient Prospective Payment System and CY 2009 Payment Rates; Changes to the Ambulatory Surgical Center Payment System and CY 2009 Payment Rates, APCPanel@cms.hhs.gov http://cdc.gov/mmwr/mmwr_rr.html http://fido.gov/facadatabase/public.asp http://hrsalarycenter.salary.com http://sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf http://www.acumenllc.com/reports/cms/RevisedImpactAnalysisfor2009FinalRule.pdf http://www.ahacentraloffice.org http://www.ahip.org/content/default.aspx?docid=24057 http://www.cms.hhs.gov/ http://www.cms.hhs.gov/AcuteInpatientPPS/WIFN http://www.cms.hhs.gov/ASCPayment/ http://www.cms.hhs.gov/ASCPayment/01_Overview.asp#TopOfPage http://www.cms.hhs.gov/ASCPayment/08_NTIOLs.asp#TopOfPage http://www.cms.hhs.gov/ASCPayment/Downloads/Request_for_inclusion_in_current_NTIOL_subset.pdf http://www.cms.hhs.gov/center/ombudsman.asp http://www.cms.hhs.gov/CompetitiveAcquisforBios http://www.cms.hhs.gov/CouncilonTechInnov/Downloads/InnovatorsGuide8_25_08.pdf http://www.cms.hhs.gov/FACA/05_AdvisoryPanelonAmbulatoryPaymentClassificationGroups.asp http://www.cms.hhs.gov/FACA/05_AdvisoryPanelonAmbulatoryPaymentClassificationGroups.asp#TopOfPage http://www.cms.hhs.gov/HealthCareConInit/ http://www.cms.hhs.gov/HospitalOutpatientPPS http://www.cms.hhs.gov/HospitalOutpatientPPS/ http://www.cms.hhs.gov/HospitalOutpatientPPS/01_overview.asp http://www.cms.hhs.gov/HospitalOutpatientPPS/03_crosswalk.asp#TopOfPage http://www.cms.hhs.gov/HospitalOutpatientPPS/04_passthrough_payment.asp http://www.cms.hhs.gov/HospitalOutpatientPPS/04_passthrough_payment.asp#TopOfPage http://www.cms.hhs.gov/HospitalOutpatientPPS/HORD/ http://www.cms.hhs.gov/HospitalOutpatientPPS/HORD/list.asp#TopOfPage http://www.cms.hhs.gov/LimitedDataSets/06_HospitalOPPS.asp http://www.cms.hhs.gov/manuals/Downloads/bp102c06.pdf http://www.cms.hhs.gov/manuals/downloads/clm104c04.pdf http://www.cms.hhs.gov/McrPartBDrugAvgSalesPrice/ http://www.cms.hhs.gov/McrPartBDrugAvgSalesPrice/01_overview.asp#TopOfPage http://www.cms.hhs.gov/McrPartBDrugAvgSalesPrice/01a_2008aspfiles.asp http://www.cms.hhs.gov/PhysicianFeeSched/ http://www.cms.hhs.gov/providers/hopps http://www.cms.hhs.gov/reports/downloads/Dalton.pdf http://www.gpoaccess.gov/index.html http://www.HospitalCompare.hhs.gov http://www.iom.edu/Object.File/Master/4/117/ToErr-8pager.pdf http://www.medicare.gov http://www.medpac.gov/documents/Jun07_EntireReport.pdf http://www.medpac.gov/documents/Mar08_EntireReport.pdf http://www.nap.edu/catalog.php?record_id=11623 http://www.qualitynet.org http://www.regulations.gov http://www.rti.org http://www.rti.org/reports/cms/HHSM-500-2005-0029I/PDF/Refining_Cost_to_Charge_Ratios_200804.pdf http://www.rti.org/reports/cms/HHSM-500-2005-0029I/PDF/Refining_Cost_to_Charge_Ratios_200807_Final.pdf http://www.whitehouse.gov/omb/circulars/a004/a-4.pdf http://www.whitehousegov/omb/circulars/a004/a-4.pdf https://www.qualitynet.org Salarywizard.com swais.access.gpo.gov Vol. 73, no. 223 Office of the Federal Register, National Archives and Records Administration 2008-11-18 continuing daily deposited born digital 1237 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2008-11-18 P0b002ee1c6e278db 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr18no08 https://www.govinfo.gov/app/details/FR-2008-11-18 https://www.govinfo.gov/content/pkg/FR-2008-11-18/pdf/FR-2008-11-18.pdf https://www.govinfo.gov/content/pkg/FR-2008-11-18/xml/FR-2008-11-18.xml fdlp 68289 69517 DGPO 2024-05-14 2024-06-05 FR-2008-11-18 machine generated eng FR FR-2008-11-18 73 223