80_FR_60262 80 FR 60070 - Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2016, SNF Value-Based Purchasing Program, SNF Quality Reporting Program, and Staffing Data Collection; Correction

80 FR 60070 - Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2016, SNF Value-Based Purchasing Program, SNF Quality Reporting Program, and Staffing Data Collection; Correction

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

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range60070-60071
FR Document2015-25268

This document corrects technical errors in the final rule that appeared in the Federal Register on August 4, 2015 entitled ``Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities (SNFs) for FY 2016, SNF Value-Based Purchasing Program, SNF Quality Reporting Program, and Staffing Data Collection.''

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015) 
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Rules and Regulations]
[Pages 60070-60071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25268]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 483

[CMS-1622-CN]
RIN 0938-AS44


Medicare Program; Prospective Payment System and Consolidated 
Billing for Skilled Nursing Facilities for FY 2016, SNF Value-Based 
Purchasing Program, SNF Quality Reporting Program, and Staffing Data 
Collection; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: This document corrects technical errors in the final rule that 
appeared in the Federal Register on August 4, 2015 entitled ``Medicare 
Program; Prospective Payment System and Consolidated Billing for 
Skilled Nursing Facilities (SNFs) for FY 2016, SNF Value-Based 
Purchasing Program, SNF Quality Reporting Program, and Staffing Data 
Collection.''

DATES: This document is effective October 1, 2015.

FOR FURTHER INFORMATION CONTACT: John Kane, (410) 786-0557, for 
information related to SNF PPS. Charlayne Van, (410) 786-8659, for 
information related to SNF QRP.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2015-18950 of August 4, 2015 (80 FR 46389), there were a 
number of technical errors that are identified and corrected in section 
IV of this correcting document. The provisions in this correcting 
document are effective as if they had been included in the document 
that appeared on August 4, 2015 in the Federal Register (hereinafter 
referred to as the FY 2016 SNF PPS final rule). Accordingly, the 
corrections are effective October 1, 2015.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On pages 46436, 46437, 46439, 46450 and 46452 we inadvertently made 
typographical and other technical errors.
    On pages 46400 and 46405, where we provide a link to the CMS Web 
site listing the wage index for FY 2016, we inadvertently omitted 
reference to Table B. These pages are being corrected to state that the 
wage index applicable for FY 2016 is set forth in Tables A and B 
available on the CMS Web site.

B. Summary of Errors in and Corrections to Tables Posted on the CMS Web 
Site

    In Table A setting forth the Wage Index for Urban Areas Based on 
CBSA Labor Market Areas, which is available exclusively on the CMS Web 
site at http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/SNFPPS/WageIndex.html, following the complete list of correct wage 
index values, we inadvertently included a number of additional, 
erroneous values in the final wage index table. The version of Table A 
that was initially posted to the CMS Web site on July 30, 2015 
correctly included all of the final wage index values for all CBSAs in 
rows 1 through 1238, but also inadvertently included some of the 
proposed wage index values, beginning in row 1240 of Table A. 
Therefore, we eliminated the additional, erroneous values beyond row 
1238 of the table posted to the CMS Web site.
    Additionally, Table B posted to the CMS Web site, which provides 
the non-urban wage index values by state had Column A mislabeled as 
``CBSA'' while it should have read ``State Code'' and Column B 
mislabeled as ``Urban Area'' while it should have read ``Non-urban 
Area''. Therefore, in Table B, the header for Column A has been changed 
from ``CBSA'' to ``State Code'' and the header for Column B has been 
changed from ``Urban Area'' to ``Non-Urban Area''.
    In addition, on page 49492 of the FY 2016 hospital inpatient 
prospective payment system (IPPS) final rule (80 FR 49325, August 17, 
2015), the estimated percentage change in the employment cost index 
(ECI) for compensation for the 30-day increment after March 14, 2013, 
and before April 15, 2013, for private industry hospital workers from 
the Bureau of Labor Statistics' (BLS') ``Compensation and Working 
Conditions'' was inadvertently miscalculated. The ECI is used to adjust 
a hospital's wage data to calculate the wage index, and is based on the 
midpoint of a cost reporting period. This technical error necessitated 
recalculation of the pre-reclassified unadjusted and occupational mix 
adjusted wage indexes and Geographic Adjustment Factors (GAFs) of 
certain core-based statistical areas (CBSAs).
    This error is identified, discussed and corrected in the Medicare 
Program; Hospital Inpatient Prospective Payment Systems for Acute Care 
Hospitals and the Long Term Care Hospital Prospective Payment System 
Policy Changes and Fiscal Year 2016 Rates; Revisions of Quality 
Reporting Requirements for Specific Providers, including Changes 
Related to the Electronic Health Record Incentive Program; Extensions 
of the Medicare-Dependent, Small Rural Hospital Program and the Low-
Volume Payment Adjustment for Hospitals; Correction that appears 
elsewhere in this issue of the Federal Register.
    This error affected the adjustment factor applied to four hospitals 
with FY 2013 cost reporting periods that have midpoints after March 14, 
2013 and before April 15, 2013, which in turn affected the wage index 
values for these hospitals and the areas in which they are located. One 
of these hospitals is geographically located in non-urban Arkansas 
(State Code 04), two hospitals are geographically located in non-urban 
Maine (State Code 20), and one urban hospital is located in Maine (CBSA

[[Page 60071]]

12620). Thus, the pre-reclassified unadjusted wage indexes for these 
three areas were calculated incorrectly. We are correcting the wage 
indexes for these three areas in Table A and Table B accordingly on the 
CMS Web site at http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/SNFPPS/WageIndex.html. Specifically, the wage index value for 
CBSA 12620 has been corrected from 0.9845 to 0.9980, the wage index 
value for State Code 04 (Arkansas) has been corrected from 0.7217 to 
0.7219, and the wage index value for State Code 20 (Maine) has been 
corrected from 0.8455 to 0.8477.

III. Waiver of Proposed Rulemaking and Delayed Effective Date

    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.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    In our view, this correcting document does not constitute a rule 
that would be subject to the APA notice and comment or delayed 
effective date requirements. This correcting document corrects 
technical and typographic errors in the FY 2016 SNF PPS final rule and 
in the tables issued in connection with the final rule, but does not 
make substantive changes to the policies or payment methodologies that 
were adopted in the final rule. As a result, this correcting document 
is intended to ensure that the information in the FY 2016 SNF PPS final 
rule accurately reflects the policies adopted in that final rule.
    In addition, even if this were a rule to which the notice and 
comment procedures 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 final rule or delaying the effective date would 
be contrary to the public interest because it is in the public's 
interest for providers to receive appropriate payments in as timely a 
manner as possible, and to ensure that the FY 2016 SNF PPS final rule 
and the tables issued in connection with the final rule accurately 
reflect our methodologies, payment rates and policies. Furthermore, 
such procedures would be unnecessary, as we are not making substantive 
changes to our payment methodologies or policies, but rather, we are 
simply implementing correctly the methodologies and policies that we 
previously proposed, received comment on, and subsequently finalized. 
This correcting document is intended solely to ensure that the FY 2016 
SNF PPS final rule and the tables issued in connection with the final 
rule accurately reflect these methodologies and policies. Therefore, we 
believe we have good cause to waive the notice and comment and 
effective date requirements.

IV. Correction of Errors

    In the FR Doc. 2015-18950 of August 4, 2015 (80 FR 46389), make the 
following corrections:
    1. On page 46400, bottom half of the page, third column, first 
partial paragraph, line 14, the phrase ``Table A'' is corrected to read 
``Tables A and B''.
    2. On page 46405, top third of the page, third column, first 
partial paragraph, line 2, the phrase ``Table A'' is corrected to read 
``Tables A and B''.
    3. On page 46436, first column, footnote 38:
    a. Line 1, the term ``Nation'' is corrected to read ``National''.
    b. Line 2, the term ``Standardbreds'' is corrected to read 
``Standards''.
    c Line 3, the term ``Minutes'' is corrected to read ``Transcript''.
    4. On page 46437, first column, first partial paragraph, line 19, 
the phrase ``are not'' is corrected to read ``will not be''.
    5. On page 46439, third column, first partial paragraph, lines 7 
through 8, the phrase ``unstageable and sDTIs'' is corrected to read 
``unstageable pressure ulcers and sDTIs''.
    6. Page 46450, third column, first partial paragraph, line 23, the 
phrase ``input from clinicians would be'' is corrected to read ``input 
from clinicians who would be''.
    7. Page 46452, second column, footnote 86, ``86 Peter C. Smith, 
Elias Mossialos, Irene Papanicolas and Sheila Leatherman. Performance 
Measurement for Health'' is corrected to read ``86 Lisa I. Iezzoni, 
``Risk Adjustment for Performance Management''. In Performance 
Measurement for Health System Improvement: Experiences, Challenges and 
Prospects, ed. Peter C. Smith, Elias Mossialos, Irene Papanicolas and 
Sheila Leatherman. (Cambridge, UK: Cambridge University Press, 2009), 
261-262.''.

    Dated: September 30, 2015.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2015-25268 Filed 9-30-15; 4:15 pm]
 BILLING CODE 4120-01-P

60070 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations procedure if the Secretary finds, for SUMMARY: This document corrects index values, beginning in row 1240 of good cause, that the notice and technical errors in the final rule that Table A. Therefore, we eliminated the comment process is impracticable, appeared in the Federal Register on additional, erroneous values beyond unnecessary, or contrary to the public August 4, 2015 entitled ‘‘Medicare row 1238 of the table posted to the CMS interest, and incorporates a statement of Program; Prospective Payment System Web site. the finding and the reasons therefore in and Consolidated Billing for Skilled Additionally, Table B posted to the the notice. Nursing Facilities (SNFs) for FY 2016, CMS Web site, which provides the non- Section 553(d) of the APA ordinarily SNF Value-Based Purchasing Program, urban wage index values by state had requires a 30-day delay in effective date SNF Quality Reporting Program, and Column A mislabeled as ‘‘CBSA’’ while of final rules after the date of their Staffing Data Collection.’’ it should have read ‘‘State Code’’ and publication in the Federal Register. DATES: This document is effective Column B mislabeled as ‘‘Urban Area’’ This 30-day delay in effective date can October 1, 2015. while it should have read ‘‘Non-urban be waived; however, if an agency finds FOR FURTHER INFORMATION CONTACT: John Area’’. Therefore, in Table B, the header for good cause that the delay is Kane, (410) 786–0557, for information for Column A has been changed from impracticable, unnecessary, or contrary ‘‘CBSA’’ to ‘‘State Code’’ and the header related to SNF PPS. Charlayne Van, to the public interest, and the agency for Column B has been changed from (410) 786–8659, for information related incorporates a statement of the findings ‘‘Urban Area’’ to ‘‘Non-Urban Area’’. to SNF QRP. In addition, on page 49492 of the FY and its reasons in the rule issued. SUPPLEMENTARY INFORMATION: 2016 hospital inpatient prospective IV. Correction of Errors I. Background payment system (IPPS) final rule (80 FR In FR Doc. 2015–19033 of August 6, 49325, August 17, 2015), the estimated In FR Doc. 2015–18950 of August 4, 2015 (80 FR 47142), make the following percentage change in the employment 2015 (80 FR 46389), there were a corrections: cost index (ECI) for compensation for number of technical errors that are 1. On page 47182, in Table 25—‘‘FY the 30-day increment after March 14, identified and corrected in section IV of 2013, and before April 15, 2013, for 2016 Hospice Payment Rates For CHC, this correcting document. The IRC, and GIP For Hospices That Do Not private industry hospital workers from provisions in this correcting document the Bureau of Labor Statistics’ (BLS’) Submit The Required Quality Data,’’ for are effective as if they had been Code 652, in the ‘‘Description’’ column, ‘‘Compensation and Working included in the document that appeared Conditions’’ was inadvertently the figure ‘‘38.67’’ is corrected to read on August 4, 2015 in the Federal ‘‘38.59’’. miscalculated. The ECI is used to adjust Register (hereinafter referred to as the a hospital’s wage data to calculate the 2. On page 47203, in the third FY 2016 SNF PPS final rule). column, in the first full paragraph, first wage index, and is based on the Accordingly, the corrections are midpoint of a cost reporting period. line, the reference to ‘‘Table H1’’ is effective October 1, 2015. corrected to read ‘‘Table 29’’. This technical error necessitated 3. On page 47205, in the second II. Summary of Errors recalculation of the pre-reclassified column, third line, the reference to unadjusted and occupational mix A. Summary of Errors in the Preamble adjusted wage indexes and Geographic ‘‘Table H2’’ is corrected to read ‘‘Table 30’’. On pages 46436, 46437, 46439, 46450 Adjustment Factors (GAFs) of certain and 46452 we inadvertently made core-based statistical areas (CBSAs). Dated: September 30, 2015. typographical and other technical This error is identified, discussed and Madhura Valverde, errors. corrected in the Medicare Program; Executive Secretary to the Department, On pages 46400 and 46405, where we Hospital Inpatient Prospective Payment Department of Health and Human Services. provide a link to the CMS Web site Systems for Acute Care Hospitals and [FR Doc. 2015–25267 Filed 9–30–15; 4:15 pm] listing the wage index for FY 2016, we the Long Term Care Hospital BILLING CODE 4120–01–P inadvertently omitted reference to Table Prospective Payment System Policy B. These pages are being corrected to Changes and Fiscal Year 2016 Rates; state that the wage index applicable for Revisions of Quality Reporting DEPARTMENT OF HEALTH AND FY 2016 is set forth in Tables A and B Requirements for Specific Providers, HUMAN SERVICES available on the CMS Web site. including Changes Related to the Electronic Health Record Incentive Centers for Medicare & Medicaid B. Summary of Errors in and Corrections Program; Extensions of the Medicare- Services to Tables Posted on the CMS Web Site Dependent, Small Rural Hospital In Table A setting forth the Wage Program and the Low-Volume Payment 42 CFR Part 483 Index for Urban Areas Based on CBSA Adjustment for Hospitals; Correction [CMS–1622–CN] Labor Market Areas, which is available that appears elsewhere in this issue of exclusively on the CMS Web site at the Federal Register. RIN 0938–AS44 http://www.cms.gov/Medicare/ This error affected the adjustment Medicare-Fee-for-Service-Payment/ factor applied to four hospitals with FY Medicare Program; Prospective SNFPPS/WageIndex.html, following the 2013 cost reporting periods that have Payment System and Consolidated complete list of correct wage index midpoints after March 14, 2013 and Billing for Skilled Nursing Facilities for values, we inadvertently included a before April 15, 2013, which in turn FY 2016, SNF Value-Based Purchasing number of additional, erroneous values affected the wage index values for these mstockstill on DSK4VPTVN1PROD with RULES Program, SNF Quality Reporting in the final wage index table. The hospitals and the areas in which they Program, and Staffing Data Collection; version of Table A that was initially are located. One of these hospitals is Correction posted to the CMS Web site on July 30, geographically located in non-urban AGENCY: Centers for Medicare & 2015 correctly included all of the final Arkansas (State Code 04), two hospitals Medicaid Services (CMS), HHS. wage index values for all CBSAs in rows are geographically located in non-urban 1 through 1238, but also inadvertently Maine (State Code 20), and one urban ACTION: Final rule; correction. included some of the proposed wage hospital is located in Maine (CBSA VerDate Sep<11>2014 16:55 Oct 02, 2015 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1

Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations 60071 12620). Thus, the pre-reclassified incorporate the corrections in this Performance Management’’. In unadjusted wage indexes for these three document into the final rule or delaying Performance Measurement for Health areas were calculated incorrectly. We the effective date would be contrary to System Improvement: Experiences, are correcting the wage indexes for these the public interest because it is in the Challenges and Prospects, ed. Peter C. three areas in Table A and Table B public’s interest for providers to receive Smith, Elias Mossialos, Irene accordingly on the CMS Web site at appropriate payments in as timely a Papanicolas and Sheila Leatherman. http://www.cms.gov/Medicare/ manner as possible, and to ensure that (Cambridge, UK: Cambridge University Medicare-Fee-for-Service-Payment/ the FY 2016 SNF PPS final rule and the Press, 2009), 261–262.’’. SNFPPS/WageIndex.html. Specifically, tables issued in connection with the Dated: September 30, 2015. the wage index value for CBSA 12620 final rule accurately reflect our Madhura Valverde, has been corrected from 0.9845 to methodologies, payment rates and 0.9980, the wage index value for State Executive Secretary to the Department, policies. Furthermore, such procedures Department of Health and Human Services. Code 04 (Arkansas) has been corrected would be unnecessary, as we are not [FR Doc. 2015–25268 Filed 9–30–15; 4:15 pm] from 0.7217 to 0.7219, and the wage making substantive changes to our index value for State Code 20 (Maine) BILLING CODE 4120–01–P payment methodologies or policies, but has been corrected from 0.8455 to rather, we are simply implementing 0.8477. correctly the methodologies and policies III. Waiver of Proposed Rulemaking that we previously proposed, received DEPARTMENT OF HOMELAND and Delayed Effective Date comment on, and subsequently SECURITY finalized. This correcting document is We ordinarily publish a notice of intended solely to ensure that the FY Federal Emergency Management proposed rulemaking in the Federal 2016 SNF PPS final rule and the tables Agency Register to provide a period for public issued in connection with the final rule comment before the provisions of a rule accurately reflect these methodologies 44 CFR Part 64 take effect in accordance with section and policies. Therefore, we believe we 553(b) of the Administrative Procedure have good cause to waive the notice and [Docket ID FEMA–2015–0001; Internal Act (APA) (5 U.S.C. 553(b)). However, Agency Docket No. FEMA–8403] comment and effective date we can waive this notice and comment requirements. procedure if the Secretary finds, for Suspension of Community Eligibility good cause, that the notice and IV. Correction of Errors AGENCY: Federal Emergency comment process is impracticable, In the FR Doc. 2015–18950 of August Management Agency, DHS. unnecessary, or contrary to the public 4, 2015 (80 FR 46389), make the ACTION: Final rule. interest, and incorporates a statement of following corrections: the finding and the reasons therefore in 1. On page 46400, bottom half of the SUMMARY: This rule identifies the notice. page, third column, first partial communities where the sale of flood Section 553(d) of the APA ordinarily paragraph, line 14, the phrase ‘‘Table A’’ insurance has been authorized under requires a 30-day delay in effective date is corrected to read ‘‘Tables A and B’’. the National Flood Insurance Program of final rules after the date of their 2. On page 46405, top third of the (NFIP) that are scheduled for publication in the Federal Register. page, third column, first partial suspension on the effective dates listed This 30-day delay in effective date can paragraph, line 2, the phrase ‘‘Table A’’ within this rule because of be waived, however, if an agency finds is corrected to read ‘‘Tables A and B’’. noncompliance with the floodplain for good cause that the delay is 3. On page 46436, first column, management requirements of the impracticable, unnecessary, or contrary footnote 38: program. If the Federal Emergency to the public interest, and the agency a. Line 1, the term ‘‘Nation’’ is Management Agency (FEMA) receives incorporates a statement of the findings corrected to read ‘‘National’’. documentation that the community has and its reasons in the rule issued. b. Line 2, the term ‘‘Standardbreds’’ is adopted the required floodplain In our view, this correcting document corrected to read ‘‘Standards’’. management measures prior to the does not constitute a rule that would be c Line 3, the term ‘‘Minutes’’ is effective suspension date given in this subject to the APA notice and comment corrected to read ‘‘Transcript’’. rule, the suspension will not occur and or delayed effective date requirements. 4. On page 46437, first column, first a notice of this will be provided by This correcting document corrects partial paragraph, line 19, the phrase publication in the Federal Register on a technical and typographic errors in the ‘‘are not’’ is corrected to read ‘‘will not subsequent date. Also, information FY 2016 SNF PPS final rule and in the be’’. identifying the current participation tables issued in connection with the 5. On page 46439, third column, first status of a community can be obtained final rule, but does not make substantive partial paragraph, lines 7 through 8, the from FEMA’s Community Status Book changes to the policies or payment phrase ‘‘unstageable and sDTIs’’ is (CSB). The CSB is available at http:// methodologies that were adopted in the corrected to read ‘‘unstageable pressure www.fema.gov/fema/csb.shtm. final rule. As a result, this correcting ulcers and sDTIs’’. document is intended to ensure that the 6. Page 46450, third column, first DATES: The effective date of each information in the FY 2016 SNF PPS partial paragraph, line 23, the phrase community’s scheduled suspension is final rule accurately reflects the policies ‘‘input from clinicians would be’’ is the third date (‘‘Susp.’’) listed in the adopted in that final rule. corrected to read ‘‘input from clinicians third column of the following tables. mstockstill on DSK4VPTVN1PROD with RULES In addition, even if this were a rule to who would be’’. FOR FURTHER INFORMATION CONTACT: If which the notice and comment 7. Page 46452, second column, you want to determine whether a procedures and delayed effective date footnote 86, ‘‘86 Peter C. Smith, Elias particular community was suspended requirements applied, we find that there Mossialos, Irene Papanicolas and Sheila on the suspension date or for further is good cause to waive such Leatherman. Performance Measurement information, contact Bret Gates, Federal requirements. Undertaking further for Health’’ is corrected to read ‘‘86 Lisa Insurance and Mitigation notice and comment procedures to I. Iezzoni, ‘‘Risk Adjustment for Administration, Federal Emergency VerDate Sep<11>2014 16:55 Oct 02, 2015 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1


Document Created: 2015-12-15 08:53:01
Document Modified: 2015-12-15 08:53:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesThis document is effective October 1, 2015.
ContactJohn Kane, (410) 786-0557, for information related to SNF PPS. Charlayne Van, (410) 786-8659, for information related to SNF QRP.
FR Citation80 FR 60070 
RIN Number0938-AS44
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR