80_FR_13300 80 FR 13251 - Medicare Program; Quality Incentive Program; Correction

80 FR 13251 - Medicare Program; Quality Incentive Program; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13251-13252
FR Document2015-05766

This document corrects technical errors that appeared in the final rule published in the Federal Register on November 6, 2014 entitled ``End-Stage Renal Disease Prospective Payment System, Quality Incentive Program, and Durable Medical Equipment, Prosthetics, Orthotics, and Supplies.''

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015) 
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13251-13252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05766]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 411, 413 and 414

[CMS-1614-CN]
RIN 0938-AS13


Medicare Program; Quality Incentive Program; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the Federal Register on November 6, 2014 
entitled ``End-Stage Renal Disease Prospective Payment System, Quality 
Incentive Program, and Durable Medical Equipment, Prosthetics, 
Orthotics, and Supplies.''

DATES: This correction is effective on March 13, 2015.

FOR FURTHER INFORMATION CONTACT: Tamyra Garcia, (410) 786-0856.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2014-26182 of November 6, 2014 (79 FR 66120), there were 
technical and typographical errors that are identified and corrected in 
the Correction of Errors section below. The provisions in this 
correction document are effective as if they had been included in the 
document published on November 6, 2014. Accordingly, the corrections 
are effective March 13, 2015.

II. Summary of Errors

    On page 66184 of the preamble, we have determined that there were 
errors in the performance standard, achievement threshold, and 
benchmark values presented in the Numerical Values for the Performance 
Standards for the Payment Year (PY) 2017 End-Stage Renal Disease (ESRD) 
Quality Incentive Program (QIP) Clinical Measures Using the Most 
Recently Available Data table for PY 2017 of the ESRD QIP (Table 23). 
Specifically, the numerical values published for the Standardized 
Readmission Ratio clinical measure were calculated using only 6 months 
of data from calendar year 2013 instead of the full 12 months, as 
specified under our finalized policy (79 FR 66183). Therefore, we are 
publishing this technical correction to ensure that these numerical 
standards align with the finalized policies for the PY 2017 ESRD QIP.

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons; therefore, in the notice.
    Since this rule correction is simply correcting technical and 
typographical errors in the preamble, but does not make substantive 
changes to the policies or payment methodologies that were adopted in 
the final rule, it is unnecessary to follow the notice and comment 
procedure in this instance. Therefore, we believe that we have good 
cause to forego notice and a period for comment.

IV. Correction of Errors

    In FR Doc. 2014-26182 of November 6, 2014 (79 FR 66120) make the 
following corrections:
    1. On page 66184, in Table 23 ``Numerical Values for the 
Performance Standards for the PY 2017 ESRD QIP Clinical Measures Using 
the Most

[[Page 13252]]

Recently Available Data''; in the fifth row titled ``Standardized 
Readmission Ratio'' remove the existing values and add the following 
values in their place:

----------------------------------------------------------------------------------------------------------------
                                                                 Performance      Achievement
                           Measure                                 standard        threshold        Benchmark
----------------------------------------------------------------------------------------------------------------
Standardized Readmission Ratio...............................           0.648            1.261            0.998
----------------------------------------------------------------------------------------------------------------


    Dated: March 6, 2015.
C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2015-05766 Filed 3-12-15; 8:45 am]
 BILLING CODE 4120-01-P

Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 13251 ENVIRONMENTAL PROTECTION Dated: February 19, 2015. are identified and corrected in the AGENCY Nanci E. Gelb, Correction of Errors section below. The Acting Assistant Administrator, Office of provisions in this correction document 40 CFR Part 22 Administration and Resources Management. are effective as if they had been [EPA–HQ–OECA–2014–0551; FRL–9922– Accordingly, 40 CFR part 22 is included in the document published on 62–OECA] corrected by making the following November 6, 2014. Accordingly, the correcting amendment: corrections are effective March 13, 2015. Consolidated Rules of Practice PART 22—CONSOLIDATED RULES OF II. Summary of Errors Governing the Administrative Assessment of Civil Penalties, PRACTICE GOVERNING THE On page 66184 of the preamble, we Issuance of Compliance or Corrective ADMINISTRATIVE ASSESSMENT OF have determined that there were errors Action Orders, and the Revocation, CIVIL PENALTIES AND THE in the performance standard, Termination or Suspension of Permits; REVOCATION, TERMINATION OR achievement threshold, and benchmark Correction SUSPENSION OF PERMITS values presented in the Numerical Values for the Performance Standards AGENCY: Environmental Protection ■ 1. The authority citation for part 22 for the Payment Year (PY) 2017 End- Agency. continues to read as follows: Stage Renal Disease (ESRD) Quality ACTION: Correcting amendment. Authority: 7 U.S.C. 136(l); 15 U.S.C. 2615; Incentive Program (QIP) Clinical 33 U.S.C. 1319, 1342, 1361, 1415 and 1418; Measures Using the Most Recently SUMMARY: The Environmental Protection 42 U.S.C. 300g–3(g), 6912, 6925, 6928, 6991e Available Data table for PY 2017 of the Agency (EPA) published a document in and 6992d; 42 U.S.C. 7413(d), 7524(c), ESRD QIP (Table 23). Specifically, the the Federal Register on November 6, 7545(d), 7547, 7601 and 7607(a), 9609, and numerical values published for the 2014. That document included the 11045. Standardized Readmission Ratio clinical correct mailing and hand delivery § 22.30 [Corrected] measure were calculated using only 6 addresses for the Environmental months of data from calendar year 2013 Appeals Board, but inadvertently failed ■ 2. In § 22.30, paragraph (a)(1) is instead of the full 12 months, as to omit the incorrect addresses. This amended by removing the second and specified under our finalized policy (79 amendment deletes the incorrect third sentences. FR 66183). Therefore, we are publishing addresses. [FR Doc. 2015–05438 Filed 3–12–15; 8:45 am] this technical correction to ensure that DATES: Effective on March 13, 2015. BILLING CODE 6560–50–P these numerical standards align with FOR FURTHER INFORMATION CONTACT: the finalized policies for the PY 2017 Ammie Roseman-Orr, Environmental ESRD QIP. Appeals Board, U.S. Environmental DEPARTMENT OF HEALTH AND Protection Agency, William Jefferson III. Waiver of Proposed Rulemaking HUMAN SERVICES Clinton Building East, Room 3332, 1200 We ordinarily publish a notice of Pennsylvania Ave. NW., Mail Code Centers for Medicare & Medicaid proposed rulemaking in the Federal 1103M, Washington DC 20460, phone Services Register to provide a period for public number (202) 233–0122 or by email at comment before the provisions of a rule roseman-orr.ammie@epa.gov. 42 CFR Parts 405, 411, 413 and 414 take effect in accordance with section SUPPLEMENTARY INFORMATION: 553(b) of the Administrative Procedure [CMS–1614–CN] Act (APA) (5 U.S.C. 553(b)). However, Background RIN 0938–AS13 we can waive this notice and comment The rule amendment published on procedure if the Secretary finds, for November 6, 2014 (79 FR 65897), Medicare Program; Quality Incentive good cause, that the notice and corrected the mailing and hand delivery Program; Correction comment process is impracticable, addresses for the Environmental AGENCY: Centers for Medicare & unnecessary, or contrary to the public Appeals Board in § 22.5(a) to reflect the Medicaid Services (CMS), HHS. interest, and incorporates a statement of Board’s relocation. The rule also revised ACTION: Final rule; correction. the finding and the reasons; therefore, in § 22.30(a)(1) by adding a reference to the the notice. corrected addresses in § 22.5(a). This SUMMARY: This document corrects Since this rule correction is simply amendment, however, inadvertently did technical errors that appeared in the correcting technical and typographical not omit the Board’s incorrect addresses final rule published in the Federal errors in the preamble, but does not in the second and third sentences of Register on November 6, 2014 entitled make substantive changes to the policies § 22.30(a)(1). ‘‘End-Stage Renal Disease Prospective or payment methodologies that were Payment System, Quality Incentive adopted in the final rule, it is Need for Correction unnecessary to follow the notice and Program, and Durable Medical As published on November 6, 2014 Equipment, Prosthetics, Orthotics, and comment procedure in this instance. (79 FR 65897), the final regulation Supplies.’’ Therefore, we believe that we have good contains an error which may prove to be cause to forego notice and a period for misleading and is in need of DATES: This correction is effective on comment. clarification. March 13, 2015. FOR FURTHER INFORMATION CONTACT: IV. Correction of Errors List of Subjects in 40 CFR Part 22 Tamyra Garcia, (410) 786–0856. In FR Doc. 2014–26182 of November tkelley on DSK3SPTVN1PROD with RULES Environmental protection, SUPPLEMENTARY INFORMATION: 6, 2014 (79 FR 66120) make the Administrative practice and procedure, following corrections: Air pollution control, Hazardous I. Background 1. On page 66184, in Table 23 substances, Hazardous waste, Penalties, In FR Doc. 2014–26182 of November ‘‘Numerical Values for the Performance Pesticides and pests, Poison prevention, 6, 2014 (79 FR 66120), there were Standards for the PY 2017 ESRD QIP Water pollution control. technical and typographical errors that Clinical Measures Using the Most VerDate Sep<11>2014 16:34 Mar 12, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1

13252 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations Recently Available Data’’; in the fifth Ratio’’ remove the existing values and row titled ‘‘Standardized Readmission add the following values in their place: Performance Achievement Measure Benchmark standard threshold Standardized Readmission Ratio ................................................................................................ 0.648 1.261 0.998 Dated: March 6, 2015. describes the Department’s symbol, seal, Identifiers — the Department Logo, Seal, C’Reda Weeden, and logo. and Signatures. Executive Secretary to the Department, (b) The Symbol is described as Executive Order No. 12866 follows: The outline of an American Department of Health and Human Services. [FR Doc. 2015–05766 Filed 3–12–15; 8:45 am] This rule does not meet the criteria for Eagle, facing left, with one of its wings BILLING CODE 4120–01–P a significant regulatory action under stretched upward and the other wing Executive Order 12866. Thus, review by pointed downward, is flanked on its the Office of Management and Budget is right side by two outlines of the profile DEPARTMENT OF HEALTH AND not required. of a human head, both of which are HUMAN SERVICES located in between the eagle’s wings. Regulatory Flexibility Act One of the profile outlines is smaller 45 CFR Part 18 This rule will not have a significant than the other and is nestled in the economic impact on a substantial larger outline. Official Symbol, Logo and Seal number of small entities. Therefore, a AGENCY: Office of the Secretary, HHS. regulatory flexibility analysis as provided by the Regulatory Flexibility ACTION: Final rule. Act, as amended, is not required. SUMMARY: The U.S. Department of Paperwork Reduction Act Health and Human Services (HHS) is adopting final regulations containing a This rule does not contain any description of its official symbol, logo, collections of information subject to the and seal. Paperwork Reduction Act. DATES: This rule is effective April 13, List of Subjects in 45 CFR Part 18 2015 without further action. (c) The HHS Departmental Logo Seals and insignia. (Logo) incorporates the Symbol and is FOR FURTHER INFORMATION CONTACT: described as follows: From the tip of the Gloria Barnes, Office of the Assistant For the reasons set out in the preamble, HHS adds Part 18 to Title 45, outstretched wing of the American Eagle Secretary for Public Affairs in symbol to the tip of the other, (gloria.barnes@hhs.gov). Subtitle A, subchapter A of the Code of Federal Regulations as follows: downward-facing wing, the words, SUPPLEMENTARY INFORMATION: HHS is ‘‘DEPARTMENT OF HEALTH & adopting regulations (45 CFR part 18) Subtitle A—DEPARTMENT OF HEALTH HUMAN SERVICES • USA’’ form a AND HUMAN SERVICES describing its official logo and seal. HHS circular arc. The official colors of the has developed a symbol, logo, and seal Subchapter A—GENERAL Logo are either Black or Reflex Blue. that signifies the authoritativeness of the ADMINISTRATION Reflex Blue RGB Numbers: 0/0/153 (R0, item or document to which it is affixed G0, B153) as an official endorsement of HHS. PART 18—OFFICIAL SYMBOL, LOGO, Pursuant to 5 U.S.C. 553(b)(A), notice AND SEAL and comment are not required because Sec. this rule only impacts HHS’ procedure 18.1 Description of the Symbol, Logo, and and practice. In addition, pursuant to 5 Seal. U.S.C. 553(b)(B), there is good cause to Authority: 42 U.S.C. 3505 and 5 U.S.C. waive notice and comment as 301. unnecessary, because this rule is non- controversial and merely describes § 18.1 Description of the Symbol, Logo, HHS’ official symbol, logo, and seal. and Seal. HHS previously published a Direct (a) The Departmental Symbol Final Rule on April 14, 2014 (79 FR (Symbol) of the Department of Health (d) The HHS Departmental Seal (Seal) 20801). In response, HHS received two and Human Services (HHS) is the key incorporates the Symbol and is public comments. Among other things, element in Department identification. It described as follows: Starting from the both comments argued that the rule represents the American People tip of the downward-facing wing of the violated the First Amendment. The sheltered in the wing of the American American Eagle in the HHS symbol and commenters argued that restrictions in Eagle, suggesting the Department’s forming a complete circle clockwise the Direct Final Rule violated the First concern and responsibility for the around the HHS symbol, the words, tkelley on DSK3SPTVN1PROD with RULES Amendment by not including welfare of the people. This Symbol is ‘‘DEPARTMENT OF HEALTH & ER13MR15.003</GPH> exceptions for certain uses of the seal the visual link which connects the HUMAN SERVICES • USA •’’ are (e.g., for illustrative purposes by the graphic communications of all printed, surrounded by a border media). HHS withdrew this rule on June components and programs of the composed of a solid inner ring at the 4, 2014 (79 FR 32170). HHS is now Department. It is the major design base of the text and a triangular, ER13MR15.002</GPH> publishing a Final Rule that merely component for the Department scalloped edge at the top of the text. The VerDate Sep<11>2014 16:34 Mar 12, 2015 Jkt 235001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1


Document Created: 2015-12-18 11:41:44
Document Modified: 2015-12-18 11:41:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesThis correction is effective on March 13, 2015.
ContactTamyra Garcia, (410) 786-0856.
FR Citation80 FR 13251 
RIN Number0938-AS13
CFR Citation42 CFR 405
42 CFR 411
42 CFR 413
42 CFR 414
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