80 FR 81767 - Medicare Program; End-Stage Renal Disease Prospective Payment System, and Quality Incentive Program; Correction
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 80, Issue 251 (December 31, 2015)
Centers for Medicare & Medicaid Services
Federal Register Volume 80, Issue 251 (December 31, 2015)
| Page Range | 81767-81769 | |
| FR Document | 2015-32967 |
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)] [Rules and Regulations] [Pages 81767-81769] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32967] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 413 [CMS-1628-CN2] RIN 0938-AS48 Medicare Program; End-Stage Renal Disease Prospective Payment System, and Quality Incentive Program; Correction AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule, correction. ----------------------------------------------------------------------- SUMMARY: This document corrects technical and typographical errors that appeared in the final rule published in the Federal Register on November 6, 2015, entitled ``Medicare Program; End-Stage Renal Disease Prospective Payment System, and Quality Incentive Program.'' DATES: This correction is effective on December 31, 2015. FOR FURTHER INFORMATION CONTACT: CMS ESRD Payment mailbox at [email protected], for issues related to the ESRD PPS payment provisions. Heidi Oumarou, (410) 786-7942, for issues related to the ESRD market basket. Tamyra Garcia, (410) 786-0856, for issues related to the ESRD QIP. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2015-27928 of November 6, 2015 (80 FR 68967) (hereinafter referred to as the CY 2016 ESRD PPS final rule) there are technical and typographical errors that are discussed in the ``Summary of Errors,'' and further identified and corrected in the ``Correction of Errors'' section below. The provisions in this correction notice are effective as if they had been included in the CY 2016 ESRD PPS final rule published in the Federal Register on November 6, 2015. II. Summary of Errors On page 68968, in the FOR FURTHER INFORMATION CONTACT section we found [[Page 81768]] an error in the email address provided to contact us for ESRD PPS payment issues. The correct email address is [email protected]. In addition, the telephone number provided for questions related to the ESRD market basket was incorrect for Heidi Oumarou. The correct telephone number is 410-786-7942. On page 68976, we made a typographic error by including the words ``case-mix'' in the beginning of sentence.'' On page 68986, under the heading ``Body Surface Area (BSA)'', we made a typographical error in the value 1.020. We inadvertently inserted the letter ``I'' instead of the number ``1'' in that value. On page 69044, we made a technical error in the title of Table 17-- ``Estimated Numerical Values for the Performance Standards for the PY 2018 ESRD QIP Clinical Measures Using the Most Recently Available Data,'' by indicating that the values were estimates instead of finalized numerical values. In addition, there were errors in the achievement threshold, benchmark, and performance standard values presented in Table 17 ``for Payment Year 2018 of the End-Stage Renal Disease Quality Incentive Program. Specifically, the numerical values published for the Kt/V Adult Hemodialysis, Kt/V Pediatric Hemodialysis, Standardized Readmission Ratio clinical measures, and ICH CAHPS were incorrect because we inadvertently placed the numbers in the incorrect columns. On page 69069, in footnote 15 regarding the responsibilities of various staff, we found an error in the hyperlink to a document posted by the Bureau of Labor & Statistics. Finally, on page 69073, after ``e. Alternatives Considered,'' we inadvertenly did not include the subtitle ``1. CY 2016 End-Stage Renal Disease'' to delineate the analysis of alternatives policies considered for the ESRD PPS. III. Waiver of Proposed Rulemaking, 60-Day Comment Period, and Delay of 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 Act requires the Secretary to provide 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) of the Act 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. 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 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 are 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. In our view, this correcting document does not constitute rulemaking that would be subject to these requirements. This correcting document is simply correcting technical and typographical errors in the preamble and does not make substantive changes to the policies or payment methodologies that were adopted in the final rule, and therefore, it is unnecessary to follow the notice and comment procedure in this instance. 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 2016 ESRD PPS final rule or delaying the effective date would be contrary to the public interest because it is in the public's interest for dialysis facilities to receive appropriate payments in as timely a manner as possible, and to ensure that the CY 2016 ESRD PPS final rule accurately reflects our policies as of the date they take effect and are applicable. Further, such procedures would be unnecessary, because we are not altering the payment methodologies or policies, but rather, we are simply correctly implementing the policies that we previously proposed, received comment on, and subsequently finalized. This correcting document is intended solely to ensure that the CY 2016 ESRD PPS final rule accurately reflects these payment methodologies and policies. For these reasons, we believe we have good cause to waive the notice and comment and effective date requirements. IV. Correction of Errors In FR Doc. 2015-27928 of November 6, 2015 (80 FR 68968), make the following corrections: 1. On page 68968, first column, under section FOR FURTHER INFORMATION CONTACT:-- a. In line 1, the email address ``CMS ESRD [email protected]'' is corrected to read ``ESRD[email protected]''. b. In lines 3 and 4, the telephone number ``410-786-7342'' is corrected to read ``410-786-7942''. 2. On page 68976, first column, first full paragraph, line 21, remove the word ``case-mix''. 3. On page 68986, second column, first paragraph under the heading ``Body Surface Area (BSA),'' line 5, the figure ``l.020'' is corrected to read ``1.020''. 4. On page 69044, Table 17 is corrected to read as follows: Table 17--Final Numerical Values for the Performance Standards for the PY 2018 ESRD QIP Clinical Measures Using the Most Recently Available Data ---------------------------------------------------------------------------------------------------------------- Measure Achievement threshold Benchmark Performance standard ---------------------------------------------------------------------------------------------------------------- Vascular Access Type: %Fistula......................... 53.51%................. 79.60%................. 65.94%. %Catheter........................ 16.79%................. 2.59%.................. 8.80%. Kt/V: Adult Hemodialysis............... 92.88%................. 99.43%................. 97.24%. Adult Peritoneal Dialysis........ 75.42%................. 97.06%................. 89.47%. Pediatric Hemodialysis........... 81.25%................. 96.88%................. 93.94%. [[Page 81769]] Pediatric Peritoneal Dialysis.... 43.22%................. 88.39%................. 72.60%. Hypercalcemia........................ 3.92%.................. 0.00%.................. 1.19%. NHSN Bloodstream Infection SIR....... 1.812.................. 0...................... 0.861. Standardized Readmission Ratio....... 1.297.................. 0.588.................. 0.998. Standardized Transfusion Ratio....... 1.470.................. 0.431.................. 0.923. ICH CAHPS............................ 15th percentile of 90th percentile of 50th percentile of eligible facilities' eligible facilities' eligible facilities' performance during CY performance during CY performance during CY 2015. 2015. 2015. ---------------------------------------------------------------------------------------------------------------- 11. On page 69069, third column, bottom of the page, footnote 15, the reference to ``http://www.bls/gov/ooh/healthcare/medical-records-and-health-information-technicians.htm'' is corrected to read ``http://www.bls.gov/ooh/healthcare/medical-records-and-health-information-technicians.htm''. 12. On page 69073, second column under the heading ``e. Alternatives Considered'' add the sub-heading ``1. CY 2016 End-Stage Renal Disease''. Dated: December 28, 2015. Madhura Valverde, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2015-32967 Filed 12-30-15; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations 81767
(ii) Preparatory student and direct gaining Military Department no later disciplined or involuntarily separated before
appointee graduation rate. The than November of the calendar year his or her term of service ends.
preparatory school students’ academy before graduation. The gaining Secretary Dated: December 28, 2015.
graduation rate should not drop more of the Military Department concerned Aaron Siegel,
than 5 percent below the direct will act on applications no later than the Alternate OSD Federal Register Liaison
appointees’ graduation rate. end of December of the year prior to Officer, Department of Defense.
(3) Boards of Visitors of the academies commissioning and will immediately [FR Doc. 2015–32926 Filed 12–30–15; 8:45 am]
are established and procedures notify the losing Secretary of the BILLING CODE 5001–06–P
prescribed by 10 U.S.C. chapters 403, Military Department concerned of
603, and 903 to inquire into the decisions. Affected cadets or
efficiency and effectiveness of academy midshipmen will be quickly notified of
operations. The designated federal DEPARTMENT OF HEALTH AND
the disposition of applications. HUMAN SERVICES
officer for each Board of Visitors will (3) Those selected for transfer will be
provide the ASD(M&RA) a copy of each integrated within active duty lists of the Centers for Medicare & Medicaid
report required by 10 U.S.C. chapter 47 gaining Military Service. When seniority Services
within 60 days of the report’s on that list relies on academy class
submission to the President. standing, they will be initially 42 CFR Part 413
(4) Oversight by the IG DoD will be integrated immediately following the
provided in accordance with DoD cadet or midshipman holding equal [CMS–1628–CN2]
Directive 5106.01 and the Inspector numerical class standing at the academy RIN 0938–AS48
General Act of 1978. When required, the of the gaining Military Department.
ASD(M&RA) recommends to the IG DoD Medicare Program; End-Stage Renal
any areas of academy operations that Appendix A to Part 217—Applicant Disease Prospective Payment System,
merit specific review during the Briefing Item on Separation Policy and Quality Incentive Program;
subsequent fiscal year. (a) Individual responsibility. Service Correction
(5) Annual meetings of the members represent the Military Services by
superintendents will be hosted by the word, actions, and appearance. Their unique AGENCY: Centers for Medicare &
academies on a rotating basis and position in society requires them to uphold Medicaid Services (CMS), HHS.
include the commandants, the deans, the dignity and high standards of the Military ACTION: Final rule, correction.
the directors of admissions and Services at all times and in all places. In
athletics, and others designated by the order to be ready at all times for worldwide SUMMARY: This document corrects
superintendents. Meeting attendees will deployment, military units and their technical and typographical errors that
discuss performance measures and other members must possess high standards of appeared in the final rule published in
matters of collective interest. Meeting integrity, cohesion, and good order and the Federal Register on November 6,
discipline. As a result, military laws, rules, 2015, entitled ‘‘Medicare Program; End-
attendees will identify plans to address
customs, and traditions include restrictions Stage Renal Disease Prospective
areas requiring corrective action. on personal behavior that are different from
Following the meeting, the host Payment System, and Quality Incentive
civilian life. Service members may be
superintendent will provide the involuntarily separated before their
Program.’’
ASD(M&RA) a summary of issues and enlistment or term of service ends for various DATES: This correction is effective on
actions discussed and each Service reasons established by law and military December 31, 2015.
academy will provide an assessment of regulations. These are some of the FOR FURTHER INFORMATION CONTACT:
their respective service academy and circumstances that may be grounds for CMS ESRD Payment mailbox at
preparatory school. involuntary separation from the Academy: ESRDPayment@cms.hhs.gov, for issues
(j) Inter-service commissioning. (1) To (1) Infractions. The individual establishes
related to the ESRD PPS payment
be qualified for inter-Service a pattern of disciplinary infractions,
discreditable involvement with civil or provisions. Heidi Oumarou, (410) 786–
appointment, applicants must meet all military authorities, causes dissent, or 7942, for issues related to the ESRD
graduation requirements and all disrupts or degrades the mission of his or her market basket. Tamyra Garcia, (410)
requirements for commissioning in the unit. That may also include conduct of any 786–0856, for issues related to the ESRD
gaining Service; and both the gaining nature that would bring discredit on the QIP.
and losing Secretaries of the Military Military Services in the view of the civilian SUPPLEMENTARY INFORMATION:
Departments concerned must concur in community.
the appointment. In accordance with 10 (2) Dependency. Any person for whom an I. Background
U.S.C. chapter 33, not more than 12.5 individual has a legally recognized obligation In FR Doc. 2015–27928 of November
percent of a graduating class from any to provide support including but not limited
to spouse and natural, adoptive, or
6, 2015 (80 FR 68967) (hereinafter
academy may be commissioned in the stepchildren. referred to as the CY 2016 ESRD PPS
Military Services not under the (3) Physical fitness and body fat. The final rule) there are technical and
jurisdiction of the Military Department individual fails to meet the physical fitness typographical errors that are discussed
administering that academy. or body fat standards. in the ‘‘Summary of Errors,’’ and further
(2) Once all requirements for inter- (b) Hazing, harassment, or violence not identified and corrected in the
Service appointments have been met, tolerated. The practice of hazing is ‘‘Correction of Errors’’ section below.
endorsements from the losing academy prohibited by law (10 U.S.C. 4352, 6964, and The provisions in this correction notice
will contain the applicants’ current 9352). A cadet or midshipman dismissed are effective as if they had been
academic transcripts, order of merit from an academy for hazing may not be
included in the CY 2016 ESRD PPS final
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standing, record of physical fitness and, reappointed as a cadet or midshipman at an
academy. The Military Services do not rule published in the Federal Register
if applicable, results of the gaining tolerate harassment or violence against any on November 6, 2015.
Service’s testing for flight training or Service member for any reason. Cadets and
other qualification. Applications II. Summary of Errors
midshipmen must treat all Service members,
supported by the losing Military at all times, with dignity and respect. Failure On page 68968, in the FOR FURTHER
Department will be forwarded to the to do so may result in the individual being INFORMATION CONTACT section we found
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![Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations 81769
TABLE 17—FINAL NUMERICAL VALUES FOR THE PERFORMANCE STANDARDS FOR THE PY 2018 ESRD QIP CLINICAL
MEASURES USING THE MOST RECENTLY AVAILABLE DATA—Continued
Measure Achievement threshold Benchmark Performance standard
Pediatric Peritoneal Dialysis ..................... 43.22% .................................... 88.39% .................................... 72.60%.
Hypercalcemia ................................................. 3.92% ...................................... 0.00% ...................................... 1.19%.
NHSN Bloodstream Infection SIR .................... 1.812 ....................................... 0 .............................................. 0.861.
Standardized Readmission Ratio .................... 1.297 ....................................... 0.588 ....................................... 0.998.
Standardized Transfusion Ratio ...................... 1.470 ....................................... 0.431 ....................................... 0.923.
ICH CAHPS ..................................................... 15th percentile of eligible fa- 90th percentile of eligible fa- 50th percentile of eligible fa-
cilities’ performance during cilities’ performance during cilities’ performance during
CY 2015. CY 2015. CY 2015.
11. On page 69069, third column, DATES: The amendments adding 47 CFR 1.2105(c) and Section 1.2205,
bottom of the page, footnote 15, the 1.2205(c) and 1.2205(d), published at 79 Prohibition of Certain Communications.
reference to ‘‘http://www.bls/gov/ooh/ FR 48442, August 15, 2014, are effective Under 5 CFR 1320, an agency may not
healthcare/medical-records-and-health- on December 31, 2015. conduct or sponsor a collection of
information-technicians.htm’’ is FOR FURTHER INFORMATION CONTACT: information unless it displays a current,
corrected to read ‘‘http://www.bls.gov/ Contact Cathy Williams, valid OMB Control Number.
ooh/healthcare/medical-records-and- Cathy.Williams@fcc.gov, (202) 418– No person shall be subject to any
health-information-technicians.htm’’. 2918. penalty for failing to comply with a
12. On page 69073, second column SUPPLEMENTARY INFORMATION: This
collection of information subject to the
under the heading ‘‘e. Alternatives document announces that, on December Paperwork Reduction Act that does not
Considered’’ add the sub-heading ‘‘1. 10, 2015, OMB approved, on an display a current, valid OMB Control
CY 2016 End-Stage Renal Disease’’. emergency basis, a revision to an Number. The OMB Control Number is
Dated: December 28, 2015. approved information collection to 3060–0995. The foregoing document is
Madhura Valverde, implement new information collection required by the Paperwork Reduction
requirements under 47 CFR 1.2205(c) Act of 1995, Pub. L. 104–13, October 1,
Executive Secretary to the Department,
Department of Health and Human Services. and 1.2205(d), published at 79 FR 48442 1995, and 44 U.S.C. 3507.
on August 15, 2014. The OMB Control The total annual reporting burdens
[FR Doc. 2015–32967 Filed 12–30–15; 8:45 am]
Number is 3060–0995. The Commission and costs for the respondents are as
BILLING CODE 4120–01–P
publishes this document as an follows:
announcement of the effective date of OMB Control Number: 3060–0995.
the rules and requirements. If you have OMB Approval Date: December 10,
FEDERAL COMMUNICATIONS any comments on the burden estimates 2015.
COMMISSION listed below, or how the Commission OMB Expiration Date: June 30, 2016.
can improve the collections and reduce Title: Section 1.2105(c), Bidding
47 CFR Part 1 Application and Certification
any burdens caused thereby, please
contact Cathy Williams, Federal Procedures; Sections 1.2105(c) and
[GN Docket No. 12–268; FCC 14–50]
Communications Commission, Room 1– Section 1.2205, Prohibition of Certain
Expanding the Economic and C823, 445 12th Street SW., Washington, Communications.
Innovation Opportunities of Spectrum DC 20554. Please include the OMB Form No.: N/A.
Through Incentive Auctions Control Number, 3060–0995, in your Respondents: Business or other for-
correspondence. The Commission will profit entities; Not-for-profit
AGENCY: Federal Communications also accept your comments via the institutions; State, local or Tribal
Commission. Internet if you send them to PRA@ government.
ACTION: Final rule; announcement of fcc.gov. Number of Respondents and
effective date. To request materials in accessible Responses: 10 respondents; 10
formats for people with disabilities responses.
SUMMARY: In this document, the (Braille, large print, electronic files, Estimated Time per Response: 1.5
Commission announces that the Office audio format), send an email to fcc504@ hours to 2 hours.
of Management and Budget (OMB) fcc.gov or call the Consumer and Frequency of Response: On-occasion
approved, on an emergency basis, a Governmental Affairs Bureau at (202) reporting requirement.
revision to an approved information 418–0530 (voice), (202) 418–0432 Obligation to Respond: Required to
collection to implement new collection (TTY). obtain or retain benefits. The statutory
requirements contained in the authority for this information collection
Broadcast Incentive Auction Report and Synopsis is contained in sections 154(i), 309(j),
Order, Expanding the Economic and As required by the Paperwork and 1452(a)(3) of the Communications
Innovation Opportunities of Spectrum Reduction Act of 1995 (44 U.S.C. 3507), Act of 1934, as amended, 47 U.S.C. 4(i),
Through Incentive Auctions, FCC 14– the Commission is notifying the public 309(j)(5), and 1452(a)(3), and sections
50. This document is consistent with that it received emergency approval 1.2205(c) and 1.2205(d) of the
tkelley on DSK3SPTVN1PROD with RULES
the Broadcast Incentive Auction Report from OMB on December 10, 2015 for the Commission’s rules, 47 CFR 1.2205(c),
and Order, which stated that the revised information collection (d).
Commission would publish a document requirements contained in the Total Annual Burden: 50 hours.
in the Federal Register announcing information collection 3060–0995, Total Annual Cost: $9,000.
OMB approval and the effective date of Section 1.2105(c), Bidding Application Privacy Act Impact Assessment: No
the rules and requirements. and Certification Procedures; Sections impact(s).
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Document Created: 2015-12-31 02:15:08
Document Modified: 2015-12-31 02:15:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule, correction. | |
| Dates | This correction is effective on December 31, 2015. | |
| Contact | CMS ESRD Payment mailbox at [email protected], for issues related to the ESRD PPS payment provisions. Heidi Oumarou, (410) 786-7942, for issues related to the ESRD market basket. Tamyra Garcia, (410) 786-0856, for issues related to the ESRD QIP. | |
| FR Citation | 80 FR 81767 | |
| RIN Number | 0938-AS48 |
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