80_FR_53257 80 FR 53087 - Medicare Program; End-Stage Renal Disease Prospective Payment System; Correction

80 FR 53087 - Medicare Program; End-Stage Renal Disease Prospective Payment System; Correction

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

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range53087-53088
FR Document2015-21783

This document corrects a technical error that appeared in the proposed rule published in the Federal Register on July 1, 2015, entitled ``Medicare Program; End-Stage Renal Disease Prospective Payment System, and Quality Incentive Program.''

Federal Register, Volume 80 Issue 170 (Wednesday, September 2, 2015)
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Proposed Rules]
[Pages 53087-53088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21783]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 413

[CMS-1628-CN]
RIN 0938-AS48


Medicare Program; End-Stage Renal Disease Prospective Payment 
System; Correction

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

ACTION: Correction.

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

SUMMARY: This document corrects a technical error that appeared in the 
proposed rule published in the Federal Register on July 1, 2015, 
entitled ``Medicare Program; End-Stage Renal Disease Prospective 
Payment System, and Quality Incentive Program.''

DATES: This correction is effective on September 2, 2015.

FOR FURTHER INFORMATION CONTACT: Michelle Cruse, (410) 786-7540.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2015-16074 of July 1, 2015 (80 FR 37808) there was a 
technical error that is discussed in the ``Summary of Errors,'' and 
further 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 July 1, 2015. 
Accordingly, the corrections are effective September 2, 2015.

II. Summary of Errors

    On page 37814 of the preamble, we discovered an error in the 
reference to the cost report column from which we derived the data for 
one of the dependent variables used in developing the two-equation 
regression methodology that we performed to analyze and propose 
revisions to the End-Stage Renal Disease (ESRD) Prospective Payment 
System (PPS) payment adjusters for Calendar Year (CY) 2016 ESRD PPS 
proposed rule. Specifically, we measured resource use of the 
maintenance dialysis services included in the current bundle of 
composite rate services using only ESRD facility data obtained from the 
Medicare cost reports for independent ESRD facilities and hospital-
based ESRD facilities. We indicated in the proposed rule that for 
independent ESRD facilities, the average composite rate cost per 
treatment for each ESRD facility was calculated by dividing the total 
reported allowable costs for composite rate services for cost reporting 
periods ending in CYs 2012 and 2013 (Worksheet B, column 13A, lines 8-
17 on CMS-265-11; Worksheet I-2, column 11, lines 2-11 on CMS-2552-10) 
by the total number of dialysis treatments (Worksheet C, column 1, 
lines 8-17 on CMS 265-11). In the CY 2016 ESRD PPS proposed rule, we 
incorrectly referred to column 13A when we intended to refer to column 
11A in Worksheet B. Therefore, we are publishing this correction notice 
to include the appropriate location for the average composite rate cost 
per treatment.

[[Page 53088]]

III. Waiver of 60-Day Comment Period

    We ordinarily permit a 60-day comment period on notices of proposed 
rulemaking in the Federal Register, as provided in section 1871(b)(1) 
of the Act. However, this period may be shortened, as provided under 
section 1871(b)(2)(C) of the Act, when the Secretary finds good cause 
that a 60-day comment period would be impracticable, unnecessary, or 
contrary to the public interest, and incorporates a statement of the 
finding and its reasons in the rule issued. Because the correction in 
this document does not make any changes to the substantive policies 
proposed in the CY 2016 ESRD PPS proposed rule, but merely corrects the 
reference to a column in the preamble of the proposed rule, this 
correcting document does not constitute agency rulemaking and 
therefore, the 60-day comment period does not apply.
    In addition, we believe it is important for the public to have the 
corrected information as soon as possible and find no reason to delay 
dissemination of it.
    For the reasons stated previously, we find it both unnecessary and 
contrary to the public interest to undertake further notice and comment 
procedures with respect to this correcting document.

IV. Correction of Errors

    In FR Doc. 2015-16074 of July 1, 2015 (80 FR 37808), make the 
following corrections:

0
1. On page 37814, second column, second full paragraph, in line 16, the 
reference to ``13A'' is corrected to read ``11A''.

    Dated: August 27, 2015.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2015-21783 Filed 9-1-15; 8:45 am]
BILLING CODE 4120-01-P



                                                                         Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules                                          53087

                                                         5. Hand or Courier Delivery: Jeffrey                 FURTHER INFORMATION CONTACT      section to           proposed rule published in the Federal
                                                      Buss, Air Planning Section (AIR–2), U.S.                schedule your inspection during normal                Register on July 1, 2015, entitled
                                                      Environmental Protection Agency,                        business hours.                                       ‘‘Medicare Program; End-Stage Renal
                                                      Region IX, 75 Hawthorne, San                            FOR FURTHER INFORMATION CONTACT:                      Disease Prospective Payment System,
                                                      Francisco, California 94105. Such                       Jeffrey Buss, Office of Air Planning, U.S.            and Quality Incentive Program.’’
                                                      deliveries are only accepted during the                 Environmental Protection Agency,
                                                      Regional Office’s normal hours of                                                                             DATES:This correction is effective on
                                                                                                              Region 9, (415) 947–4152, email:                      September 2, 2015.
                                                      operation. Special arrangements should                  buss.jeffrey@epa.gov.
                                                      be made for deliveries of boxed                         SUPPLEMENTARY INFORMATION: In the                     FOR FURTHER INFORMATION CONTACT:
                                                      information.                                            ‘‘Rules and Regulations’’ section of this             Michelle Cruse, (410) 786–7540.
                                                         Instructions: Direct your comments to                Federal Register, the EPA is approving
                                                      Docket ID No. EPA–R09–OAR–2014–                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                              the State of Arizona’s Stage II vapor
                                                      0256. EPA’s policy is that all comments                 recovery SIP revision in a direct final               I. Background
                                                      received will be included in the public                 action without prior proposal because
                                                      docket without change and may be                        we believe this SIP revision is not                      In FR Doc. 2015–16074 of July 1, 2015
                                                      made available online at                                                                                      (80 FR 37808) there was a technical
                                                                                                              controversial. A detailed rationale for
                                                      www.regulations.gov, including any                                                                            error that is discussed in the ‘‘Summary
                                                                                                              the approval is set forth in the direct
                                                      personal information provided, unless                                                                         of Errors,’’ and further identified and
                                                                                                              final rule. If we receive adverse
                                                      the comment includes information                                                                              corrected in the ‘‘Correction of Errors’’
                                                                                                              comments, however, we will publish a
                                                      claimed to be Confidential Business                                                                           section below. The provisions in this
                                                                                                              timely withdrawal of the direct final
                                                      Information (CBI) or other information                                                                        correction document are effective as if
                                                                                                              rule and address the comments in a
                                                      the disclosure of which is restricted by                                                                      they had been included in the document
                                                                                                              subsequent final rule based on this
                                                      statute. Do not submit information                                                                            published on July 1, 2015. Accordingly,
                                                                                                              proposed rule. Please note that if the
                                                      through www.regulations.gov or email                                                                          the corrections are effective September
                                                                                                              EPA receives adverse comment on an
                                                      that you consider to be CBI or otherwise                                                                      2, 2015.
                                                      protected from disclosure. The                          amendment, paragraph, or section of
                                                      www.regulations.gov Web site is an                      this rule and if that provision may be                II. Summary of Errors
                                                      anonymous access system, which means                    severed from the remainder of the rule,
                                                                                                              the EPA may adopt as final those                         On page 37814 of the preamble, we
                                                      the EPA will not know your identity or
                                                      contact information unless you provide                  provisions of the rule that are not the               discovered an error in the reference to
                                                      it in the body of your comment. If you                  subject of an adverse comment.                        the cost report column from which we
                                                                                                                 We do not plan to open a second                    derived the data for one of the
                                                      send an email comment directly to the
                                                                                                              comment period, so anyone interested                  dependent variables used in developing
                                                      EPA without going through
                                                      www.regulations.gov, your email                         in commenting should do so at this                    the two-equation regression
                                                      address will be automatically captured                  time. If we do not receive adverse                    methodology that we performed to
                                                      and included as part of the comment                     comments, no further activity is                      analyze and propose revisions to the
                                                      that is placed in the public docket and                 planned. For further information, see                 End-Stage Renal Disease (ESRD)
                                                      made available on the Internet. If you                  please see the direct final action.                   Prospective Payment System (PPS)
                                                      submit an electronic comment, the EPA                     Dated: March 30, 2015.                              payment adjusters for Calendar Year
                                                      recommends that you include your                        Jared Blumenfeld,                                     (CY) 2016 ESRD PPS proposed rule.
                                                      name and other contact information in                   Regional Administrator, Region IX.
                                                                                                                                                                    Specifically, we measured resource use
                                                      the body of your comment and with any                                                                         of the maintenance dialysis services
                                                      disk or CD–ROM you submit. If the EPA                     Editorial Note: This document was                   included in the current bundle of
                                                                                                              received for publication by the Office of the         composite rate services using only ESRD
                                                      cannot read your comment due to                         Federal Register on August 27, 2015.
                                                      technical difficulties and cannot contact                                                                     facility data obtained from the Medicare
                                                      you for clarification, the EPA may not                  [FR Doc. 2015–21684 Filed 9–1–15; 8:45 am]            cost reports for independent ESRD
                                                      be able to consider your comment.                       BILLING CODE 6560–50–P                                facilities and hospital-based ESRD
                                                      Electronic files should avoid the use of                                                                      facilities. We indicated in the proposed
                                                      special characters, any form of                                                                               rule that for independent ESRD
                                                      encryption, and be free of any defects or               DEPARTMENT OF HEALTH AND                              facilities, the average composite rate
                                                      viruses.                                                HUMAN SERVICES                                        cost per treatment for each ESRD facility
                                                         Docket: All documents in the docket                                                                        was calculated by dividing the total
                                                      are listed in the www.regulations.gov                   Centers for Medicare & Medicaid                       reported allowable costs for composite
                                                      index. Although listed in the index,                    Services                                              rate services for cost reporting periods
                                                      some information is not publicly                                                                              ending in CYs 2012 and 2013
                                                      available, e.g., CBI or other information               42 CFR Part 413                                       (Worksheet B, column 13A, lines 8–17
                                                      whose disclosure is restricted by statute.                                                                    on CMS–265–11; Worksheet I–2,
                                                                                                              [CMS–1628–CN]
                                                      Certain other material, such as                                                                               column 11, lines 2–11 on CMS–2552–
                                                      copyrighted material, will be publicly                  RIN 0938–AS48                                         10) by the total number of dialysis
                                                      available only in hard copy. Publicly                                                                         treatments (Worksheet C, column 1,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      available docket materials are available                Medicare Program; End-Stage Renal                     lines 8–17 on CMS 265–11). In the CY
                                                      either electronically in                                Disease Prospective Payment System;                   2016 ESRD PPS proposed rule, we
                                                      www.regulations.gov or in hard copy at                  Correction                                            incorrectly referred to column 13A
                                                      the Air Planning Office (AIR–2), U.S.                   AGENCY:  Centers for Medicare &                       when we intended to refer to column
                                                      Environmental Protection Agency,                        Medicaid Services (CMS), HHS.                         11A in Worksheet B. Therefore, we are
                                                      Region IX, 75 Hawthorne Street, San                     ACTION: Correction.                                   publishing this correction notice to
                                                      Francisco, California 94105. The EPA                                                                          include the appropriate location for the
                                                      requests that if at all possible, you                   SUMMARY:  This document corrects a                    average composite rate cost per
                                                      contact the person listed in the FOR                    technical error that appeared in the                  treatment.


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                                                      53088              Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules

                                                      III. Waiver of 60-Day Comment Period                    John J. Heitmann on behalf of The                           Proposed rule, request for
                                                                                                                                                                    ACTION:
                                                         We ordinarily permit a 60-day                        Wireless ETC Petitioners.                             comments.
                                                      comment period on notices of proposed                   DATES: Oppositions to the Petitions
                                                                                                              must be filed on or before September 17,              SUMMARY:    In January 2011, NMFS
                                                      rulemaking in the Federal Register, as                                                                        implemented the groundfish trawl
                                                      provided in section 1871(b)(1) of the                   2015. Replies to an opposition must be
                                                                                                              filed on or before September 11, 2015.                rationalization program (a catch share
                                                      Act. However, this period may be                                                                              program) for the Pacific coast
                                                      shortened, as provided under section                    ADDRESSES: Federal Communications
                                                                                                                                                                    groundfish limited entry trawl fishery.
                                                      1871(b)(2)(C) of the Act, when the                      Commission, 445 12th Street SW.,
                                                                                                                                                                    The program was implemented through
                                                      Secretary finds good cause that a 60-day                Washington, DC 20554.
                                                                                                                                                                    Amendment 20 to the Pacific Coast
                                                      comment period would be                                 FOR FURTHER INFORMATION CONTACT:                      Groundfish Fishery Management Plan
                                                      impracticable, unnecessary, or contrary                 Jodie Griffin, Telecommunications                     and the corresponding implementing
                                                      to the public interest, and incorporates                Access Policy Division, Wireline                      regulations. Amendment 20 established
                                                      a statement of the finding and its                      Competition Bureau, (202) 418–7550,                   the trawl rationalization program, which
                                                      reasons in the rule issued. Because the                 email: jodie.griffin@fcc.gov.                         includes an Individual Fishing Quota
                                                      correction in this document does not                    SUPPLEMENTARY INFORMATION: This is a                  program for limited entry trawl
                                                      make any changes to the substantive                     summary of Commission’s document,                     participants. Under current regulations,
                                                      policies proposed in the CY 2016 ESRD                   Report No. 3027, released August 26,                  quota share (QS) permit owners must
                                                      PPS proposed rule, but merely corrects                  2015. The full text of the Petitions is               divest quota share holdings that exceed
                                                      the reference to a column in the                        available for viewing and copying in                  accumulation limits by November 30,
                                                      preamble of the proposed rule, this                     Room CY–B402, 445 12th Street SW.,                    2015. This proposed action would make
                                                      correcting document does not constitute                 Washington, DC or may be accessed                     minor procedural modifications to the
                                                      agency rulemaking and therefore, the                    online via the Commission’s Electronic                program regulations to clarify how
                                                      60-day comment period does not apply.                   Comment Filing System at http://                      divestiture and revocation of excess
                                                         In addition, we believe it is important              apps.fcc.gov/ecfs/. The Commission will               quota share could occur in November,
                                                      for the public to have the corrected                    not send a copy of this Notice pursuant               2015, and establish procedures
                                                      information as soon as possible and find                to the Congressional Review Act, 5                    applicable in the future if divestiture
                                                      no reason to delay dissemination of it.                 U.S.C. 801(a)(1)(A) because this notice               becomes necessary.
                                                         For the reasons stated previously, we                does not have an impact on any rules of
                                                      find it both unnecessary and contrary to                                                                      DATES: Comments on this proposed rule
                                                                                                              particular applicability.                             must be received on or before October
                                                      the public interest to undertake further                   Subject: Lifeline and Link Up Reform
                                                      notice and comment procedures with                                                                            2, 2015.
                                                                                                              and Modernization,
                                                      respect to this correcting document.                    Telecommunications Carriers Eligible                  ADDRESSES: You may submit comments
                                                                                                              for Universal Service Support, Connect                on this document, identified by NOAA–
                                                      IV. Correction of Errors                                                                                      NMFS–2015–0086, by any of the
                                                                                                              America Fund, published at 80 FR
                                                         In FR Doc. 2015–16074 of July 1, 2015                40923, July 14, 2015, in WC Docket Nos.               following methods:
                                                      (80 FR 37808), make the following                       11–42, 09–197, and 10–90, and                            • Electronic Submission: Submit all
                                                      corrections:                                            published pursuant to 47 CFR 1.429(e).                electronic public comments via the
                                                      ■ 1. On page 37814, second column,                      See also § 1.4(b)(1) of the Commission’s              Federal e-Rulemaking Portal. Go to
                                                      second full paragraph, in line 16, the                  rules.                                                www.regulations.gov/
                                                      reference to ‘‘13A’’ is corrected to read                  Number of Petitions Filed: 2.                      #!docketDetail;D=NOAA-NMFS-2015-
                                                      ‘‘11A’’.                                                                                                      0086, click the ‘‘Comment Now!’’ icon,
                                                                                                                Federal Communications Commission.
                                                        Dated: August 27, 2015.                                                                                     complete the required fields, and enter
                                                                                                              Marlene H. Dortch,                                    or attach your comments.
                                                      Madhura Valverde,                                       Secretary.                                               • Mail: Submit written comments to
                                                      Executive Secretary to the Department,                  [FR Doc. 2015–21763 Filed 9–1–15; 8:45 am]
                                                      Department of Health and Human Services.
                                                                                                                                                                    William W. Stelle, Jr., Regional
                                                                                                              BILLING CODE 6712–01–P                                Administrator, West Coast Region,
                                                      [FR Doc. 2015–21783 Filed 9–1–15; 8:45 am]
                                                                                                                                                                    NMFS, 7600 Sand Point Way NE.,
                                                      BILLING CODE 4120–01–P
                                                                                                                                                                    Seattle, WA 98115–0070; Attn: Colby
                                                                                                              DEPARTMENT OF COMMERCE                                Brady.
                                                                                                                                                                       • Fax: 206–526–6117; Attn: Colby
                                                      FEDERAL COMMUNICATIONS                                  National Oceanic and Atmospheric                      Brady.
                                                      COMMISSION                                              Administration                                           Instructions: Comments sent by any
                                                                                                                                                                    other method, to any other address or
                                                      47 CFR Part 54                                          50 CFR Part 660                                       individual, or received after the end of
                                                      [WC Docket Nos. 11–42, 09–197 and 10–                   [Docket No. 150721634–5773–01]                        the comment period, may not be
                                                      90; Report No. 3027]                                                                                          considered by NMFS. All comments
                                                                                                              RIN 0648–BF11                                         received are a part of the public record
                                                      Petitions for Reconsideration of Action                                                                       and will generally be posted for public
                                                      in Rulemaking Proceeding                                Magnuson-Stevens Act Provisions;
                                                                                                                                                                    viewing on www.regulations.gov
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              Fisheries Off West Coast States;
                                                      AGENCY:  Federal Communications                                                                               without change. All personal identifying
                                                                                                              Pacific Coast Groundfish Fishery;
                                                      Commission.                                                                                                   information (e.g., name, address, etc.),
                                                                                                              Process for Divestiture of Excess
                                                      ACTION: Petition for reconsideration.                                                                         confidential business information, or
                                                                                                              Quota Shares in the Individual Fishing
                                                                                                                                                                    otherwise sensitive information
                                                                                                              Quota Fishery
                                                      SUMMARY:   Petitions for Reconsideration                                                                      submitted voluntarily by the sender will
                                                      (Petitions) have been filed in the                      AGENCY:  National Marine Fisheries                    be publicly accessible. NMFS will
                                                      Commission’s Rulemaking proceeding                      Service (NMFS), National Oceanic and                  accept anonymous comments (enter
                                                      by Thomas C. Power, on behalf of                        Atmospheric Administration (NOAA),                    ‘‘N/A’’ in the required fields if you wish
                                                      CTIA—THE WIRELESS ASSOCIATION;                          Commerce.                                             to remain anonymous).


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Document Created: 2018-02-26 10:11:01
Document Modified: 2018-02-26 10:11:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionCorrection.
DatesThis correction is effective on September 2, 2015.
ContactMichelle Cruse, (410) 786-7540.
FR Citation80 FR 53087 
RIN Number0938-AS48

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