80 FR 8247 - Medicare Program; Reporting and Returning of Overpayments; Extension of Timeline for Publication of the Final Rule
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 80, Issue 31 (February 17, 2015)
Centers for Medicare & Medicaid Services
Federal Register Volume 80, Issue 31 (February 17, 2015)
| Page Range | 8247-8248 | |
| FR Document | 2015-03072 |
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)] [Rules and Regulations] [Pages 8247-8248] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03072] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 401 and 405 [CMS-6037-RCN] RIN 0938-AQ58 Medicare Program; Reporting and Returning of Overpayments; Extension of Timeline for Publication of the Final Rule AGENCY: Centers for Medicare & Medicaid Services (CMS). ACTION: Extension of timeline for publication of a final rule. ----------------------------------------------------------------------- SUMMARY: This document announces the extension of the timeline for publication of the ``Medicare Program; Reporting and Returning of Overpayments'' final rule. We are issuing this notice in accordance with the Social Security Act (the Act) which requires notice to be provided in the Federal Register if there are exceptional circumstances that cause us to publish a final rule more than 3 years after the publication date of the proposed rule. In this case, the complexity of the rule and scope of comments warrants the extension of the timeline for publication. DATES: As of February 17, 2015, CMS extends by 1 year the timeline for publication of a final rule concerning policies and procedures for reporting and returning overpayments to the Medicare program for providers and suppliers of services under Parts A and B of title XVIII as outlined in the proposed rule published February 16, 2012, at 77 FR 9179. FOR FURTHER INFORMATION CONTACT: Joe Strazzire, (410) 786-2775. SUPPLEMENTARY INFORMATION: I. Background Section 1871(a)(3)(A) of the Social Security Act (the Act) requires the Secretary, in consultation with the Director of the Office of Management and Budget (OMB), to establish a regular timeline for the publication of a final rule based on the previous publication of a proposed rule or an interim final rule. In accordance with section 1871(a)(3)(B) of the Act, such regular timeline may vary among different final rules, based on the complexity of the rule, the number and scope of the comments received, and other relevant factors. The timeline for publishing the final rule, however, cannot exceed 3 years from the date of publication of the proposed or interim final rule, unless [[Page 8248]] there are exceptional circumstances. After consultation with the Director of OMB, the Department, through CMS, published a notice in the December 30, 2004 Federal Register (69 FR 78442) establishing a general 3-year timeline for publishing Medicare final rules after the publication of a proposed or interim final rule. II. Notice of Continuation The Medicare program (title XVIII of the Act) is the primary payer of health care for approximately 50 million enrolled beneficiaries. Providers and suppliers furnishing Medicare items and services must comply with the Medicare requirements set forth in the Act and in CMS regulations. The requirements are meant to ensure compliance with applicable statutes, promote the furnishing of high quality care, and to protect the Medicare Trust Funds against fraud and improper payments. On March 23, 2010, the Affordable Care Act was enacted. Section 6402(a) of the Affordable Care Act established a new section 1128J(d) of the Act. Section 1128J(d)(1) of the Act requires a person who has received an overpayment to report and return the overpayment to the Secretary, the State, an intermediary, a carrier, or a contractor, as appropriate, at the correct address, and to notify the Secretary, State, intermediary, carrier or contractor to whom the overpayment was returned in writing of the reason for the overpayment. Section 1128J(d)(2) of the Act requires that an overpayment be reported and returned by the later of-- (A) the date which is 60 days after the date on which the overpayment was identified; or (B) the date any corresponding cost report is due, if applicable. Section 1128J(d)(3) of the Act specifies that any overpayment retained by a person after the deadline for reporting and returning an overpayment is an obligation (as defined in 31 U.S.C. 3729(b)(3)) for purposes of 31 U.S.C. 3729. In the February 16, 2012 Federal Register (77 FR 9179), we published a proposed rule that would implement the provisions of section 1128J(d) of the Act as to Medicare Parts A and B. This notice extends by 1 year the timeline for publication of a final rule concerning policies and procedures for reporting and returning overpayments to the Medicare program for providers and suppliers of services under Parts A and B of title XVIII as outlined in the February 16, 2012 proposed rule. However we continue to remind all stakeholders that even without a final regulation they are subject to the statutory requirements found in section 1128J(d) of the Act and could face potential False Claims Act liability, Civil Monetary Penalties Law liability, and exclusion from Federal health care programs for failure to report and return an overpayment. Based on both public comments received and internal stakeholder feedback, we have determined that there are significant policy and operational issues that need to be resolved in order to address all of the issues raised by comments to the proposed rule and to ensure appropriate coordination with other government agencies. Specifically, the development of the final rule requires collaboration among both the Department of Health and Human Services' (HHS') Office of the Inspector General and the Department of Justice. Our decision to extend the timeline for issuing a final regulation related to the reporting and returning of Medicare overpayments should not be viewed as a diminution of the Department's commitment to timely and effective rulemaking in this area. Our goal remains to publish a final rule that provides clear requirements for persons to report and return Medicare overpayments. At this time, we believe we can best achieve this balance by issuing this continuation notice. This notice extends the timeline for publication of the final rule for this rulemaking for 1 year--until February 16, 2016. III. Collection of Information This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995. IV. Regulatory Impact Statement This document extends the timeline for publication of the Medicare Program; Reporting and Returning of Overpayments final rule; and therefore, there are no regulatory impact implications associated with this notice. Authority: Section 1871 of the Social Security Act (42 U.S.C. 1395hh). Dated: February 9, 2015. C'Reda Weeden, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2015-03072 Filed 2-13-15; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 8247
■ a. Remove ‘‘Voucher tenancy:’’ from § 982.601 [Amended] DEPARTMENT OF HEALTH AND
the section heading; HUMAN SERVICES
■ b. In paragraph (a) introductory text,
■ 37. In § 982.601(c)(1), add a period
remove the phrase ‘‘tenant-based after ‘‘e.g’’. Centers for Medicare & Medicaid
assistance under the voucher program’’ Services
§ 982.615 [Amended]
and add in its place ‘‘HCV assistance’’;
■ c. In paragraph (a)(1), remove the ■ 38. In § 982.615(b), remove ‘‘HA’’ and 42 CFR Parts 401 and 405
phrase ‘‘tenant-based voucher’’ and add add in its place ‘‘PHA’’. [CMS–6037–RCN]
in its place ‘‘HCV’’ and remove the
■ 39. Revise § 982.619(b)(4) to read as RIN 0938–AQ58
phrase ‘‘§ 401.421 of this title’’ and add
follows:
in its place ‘‘24 CFR 401.421’’; and
■ d. In paragraph (a)(2), remove ‘‘tenant-
Medicare Program; Reporting and
§ 982.619 Cooperative housing.
based’’ and add in its place ‘‘HCV’’. Returning of Overpayments; Extension
* * * * * of Timeline for Publication of the Final
§ 982.505 [Amended] (b) * * * Rule
■ 29. In § 982.505, remove ‘‘Voucher (4) Adjustments are applied to the AGENCY: Centers for Medicare &
tenancy:’’ from the section heading. carrying charge as determined in Medicaid Services (CMS).
accordance with this section. ACTION: Extension of timeline for
■ 30. Revise § 982.516(d)(2) to read as
follows: * * * * * publication of a final rule.
§ 982.516 Family income and composition: § 982.623 [Amended] SUMMARY: This document announces the
Regular and interim examinations.
■ 40. Amend § 982.623 as follows: extension of the timeline for publication
* * * * * of the ‘‘Medicare Program; Reporting
■ a. Remove paragraph (a); and Returning of Overpayments’’ final
(d) * * *
(2) At the effective date of a regular or ■ b. Remove the heading of paragraph rule. We are issuing this notice in
interim reexamination, the PHA must (b). accordance with the Social Security Act
make appropriate adjustments in the ■ c. Redesignate paragraphs (b)(1) (the Act) which requires notice to be
housing assistance payment in through (4) as paragraphs (a) through provided in the Federal Register if there
accordance with § 982.505. (d), respectively; are exceptional circumstances that
* * * * * cause us to publish a final rule more
■ d. In newly redesignated paragraph
than 3 years after the publication date
(c), further redesignate paragraphs (i)
§ 982.517 [Amended] of the proposed rule. In this case, the
and (ii) as paragraphs (c)(1) and (2),
■ 31. In § 982.517(c)(1), capitalize the complexity of the rule and scope of
respectively; and
word ‘‘a’’ at the beginning of the comments warrants the extension of the
■ e. In newly redesignated paragraph timeline for publication.
paragraph and remove the word ‘‘PHAs’’ (d), further redesignate paragraphs (i)
and add in its place ‘‘has’’. DATES: As of February 17, 2015, CMS
through (iii) as paragraphs (d)(1) extends by 1 year the timeline for
§§ 982.518, 982.519, and 982.520
through (3), respectively. publication of a final rule concerning
[Removed]
§ 982.625 [Amended]
policies and procedures for reporting
■ 32. Remove §§ 982.518 through and returning overpayments to the
982.520. ■ 41. In § 982.625(g)(2), add a space Medicare program for providers and
between ‘‘its’’ and ‘‘Section 8’’. suppliers of services under Parts A and
§ 982.521 [Amended] B of title XVIII as outlined in the
§ 982.627 [Amended] proposed rule published February 16,
■ 33. Remove § 982.521(c).
2012, at 77 FR 9179.
■ 42. In § 982.627(c)(2)(ii)(A), remove
§ 982.552 [Amended] FOR FURTHER INFORMATION CONTACT: Joe
the line break between ‘‘voucher’’ and
‘‘program’’. Strazzire, (410) 786–2775.
■ 34. In § 982.522(c)(2)(iii), add ‘‘may’’
SUPPLEMENTARY INFORMATION:
before ‘‘consider whether’’. § 982.631 [Amended]
I. Background
§ 982.553 [Amended] ■ 43. In § 982.631(c)(2)(iii), remove the Section 1871(a)(3)(A) of the Social
■ 35. In § 982.553(a)(2)(ii)(B), remove line break between ‘‘unit’’ and ‘‘unless’’. Security Act (the Act) requires the
the phrase ‘‘not to have’’ and add in its Secretary, in consultation with the
§ 982.636 [Amended]
place ‘‘not have’’. Director of the Office of Management
■ 44. In § 982.636(c), add a period after and Budget (OMB), to establish a regular
§ 982.555 [Amended] ‘‘e.g’’. timeline for the publication of a final
■ 36. Amend § 982.555 as follows: rule based on the previous publication
■ a. In paragraph (a), add a space § 982.641 [Amended] of a proposed rule or an interim final
between the paragraph heading and ■ 45. In § 982.641(c)(3), in the cross- rule. In accordance with section
paragraph (a)(1), capitalize the word ‘‘a’’ reference ‘‘§ 982.353(b)(1), (2), and (3)’’, 1871(a)(3)(B) of the Act, such regular
at the beginning of paragraph (a)(1), remove ‘‘(b)(1),(2), and (3)’’. timeline may vary among different final
remove paragraph (a)(1)(iv), and rules, based on the complexity of the
tkelley on DSK3SPTVN1PROD with RULES
redesignate paragraphs (a)(1)(v) and (vi) Dated: February 9, 2015. rule, the number and scope of the
as paragraphs (a)(1)(iv) and (v), Jemine A. Bryon, comments received, and other relevant
respectively; and Acting Assistant Secretary for Public and factors. The timeline for publishing the
■ b. In paragraphs (b)(4), (5), (6), and (7), Indian Housing. final rule, however, cannot exceed 3
capitalize the word ‘‘a’’ at the beginning [FR Doc. 2015–03037 Filed 2–13–15; 8:45 am] years from the date of publication of the
of each paragraph. BILLING CODE 4210–67–P proposed or interim final rule, unless
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![8248 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations
there are exceptional circumstances. 1128J(d) of the Act and could face FEDERAL COMMUNICATIONS
After consultation with the Director of potential False Claims Act liability, COMMISSION
OMB, the Department, through CMS, Civil Monetary Penalties Law liability,
published a notice in the December 30, and exclusion from Federal health care 47 CFR Part 2
2004 Federal Register (69 FR 78442) programs for failure to report and return [GN Docket No. 13–185; FCC 14–31]
establishing a general 3-year timeline for an overpayment.
publishing Medicare final rules after the Commercial Operations in the 1695–
publication of a proposed or interim Based on both public comments
received and internal stakeholder 1710 MHz, 1755–1780 MHz, and 2155–
final rule. 2180 MHz Bands
feedback, we have determined that there
II. Notice of Continuation are significant policy and operational AGENCY: Federal Communications
The Medicare program (title XVIII of issues that need to be resolved in order Commission.
the Act) is the primary payer of health to address all of the issues raised by ACTION: Final rules; announcement of
care for approximately 50 million comments to the proposed rule and to effective date.
enrolled beneficiaries. Providers and ensure appropriate coordination with
suppliers furnishing Medicare items and other government agencies. Specifically, SUMMARY: In this document, the
services must comply with the Medicare the development of the final rule Commission announces that the Office
requirements set forth in the Act and in requires collaboration among both the of Management and Budget (OMB) has
CMS regulations. The requirements are Department of Health and Human approved, for a period of three years a
meant to ensure compliance with Services’ (HHS’) Office of the Inspector non-substantive change to a currently
applicable statutes, promote the General and the Department of Justice. approved information collection
furnishing of high quality care, and to requirements contained in the
protect the Medicare Trust Funds Our decision to extend the timeline regulations in the ‘‘Commercial
against fraud and improper payments. for issuing a final regulation related to Operations in the 1695–1710 MHz,
On March 23, 2010, the Affordable the reporting and returning of Medicare 1755–1780 MHz, and 2155–2180 MHz.’’
Care Act was enacted. Section 6402(a) of overpayments should not be viewed as The information collection requirement
the Affordable Care Act established a a diminution of the Department’s was approved on December 23, 2014 by
new section 1128J(d) of the Act. Section commitment to timely and effective OMB.
1128J(d)(1) of the Act requires a person rulemaking in this area. Our goal DATES: The amendments to 47 CFR
who has received an overpayment to remains to publish a final rule that 2.1033(c)(19)(i) through (ii), published
report and return the overpayment to provides clear requirements for persons at 79 FR 32410, June 4, 2014, is effective
the Secretary, the State, an to report and return Medicare February 17, 2015.
intermediary, a carrier, or a contractor, overpayments. At this time, we believe
as appropriate, at the correct address, FOR FURTHER INFORMATION CONTACT: For
we can best achieve this balance by additional information contact Nancy
and to notify the Secretary, State, issuing this continuation notice.
intermediary, carrier or contractor to Brooks on (202) 418–2454 or email
whom the overpayment was returned in This notice extends the timeline for Nancy.Brooks@fcc.gov.
writing of the reason for the publication of the final rule for this SUPPLEMENTARY INFORMATION: This
overpayment. Section 1128J(d)(2) of the rulemaking for 1 year—until February document announces that on December
Act requires that an overpayment be 16, 2016. 23, 2014, OMB approved, for a period of
reported and returned by the later of— three years a non-substantive change to
III. Collection of Information a currently approved information
(A) the date which is 60 days after the
date on which the overpayment was This document does not impose collection requirement contained in 47
identified; or (B) the date any information collection requirements, CFR 2.1033(c)(19)(i) through (ii). The
corresponding cost report is due, if that is, reporting, recordkeeping or Commission publishes this document to
applicable. Section 1128J(d)(3) of the third-party disclosure requirements. announce the effective date of this rule
Act specifies that any overpayment Consequently, there is no need for section. See, Amendment of the
retained by a person after the deadline Commission’s rules with Regard to
review by the Office of Management and
for reporting and returning an Commercial Operations in the 1695–
Budget under the authority of the
overpayment is an obligation (as defined 1710 MHz, 1755–1780 MHz, and 2155–
in 31 U.S.C. 3729(b)(3)) for purposes of Paperwork Reduction Act of 1995. 2180 MHz, GN Docket No. 13–85; FCC
31 U.S.C. 3729. IV. Regulatory Impact Statement 14–31, 79 FR 32410, June 4, 2014.
In the February 16, 2012 Federal
Register (77 FR 9179), we published a This document extends the timeline Synopsis
proposed rule that would implement the for publication of the Medicare Program; As required by the Paperwork
provisions of section 1128J(d) of the Act Reporting and Returning of Reduction Act of 1995, (44 U.S.C. 3507),
as to Medicare Parts A and B. This Overpayments final rule; and therefore, the Commission is notifying the public
notice extends by 1 year the timeline for there are no regulatory impact that it received OMB approval on
publication of a final rule concerning implications associated with this notice. December 23, 2014, for the information
policies and procedures for reporting collection requirement contained in 47
Authority: Section 1871 of the Social
and returning overpayments to the CFR 2.1033(c)(19)(i) through (ii). Under
Security Act (42 U.S.C. 1395hh).
Medicare program for providers and 5 CFR part 1320, an agency may not
suppliers of services under Parts A and Dated: February 9, 2015. conduct or sponsor a collection of
tkelley on DSK3SPTVN1PROD with RULES
B of title XVIII as outlined in the C’Reda Weeden, information unless it displays a current,
February 16, 2012 proposed rule. Executive Secretary to the Department, valid OMB Control Number.
However we continue to remind all Department of Health and Human Services. No person shall be subject to any
stakeholders that even without a final [FR Doc. 2015–03072 Filed 2–13–15; 8:45 am] penalty for failing to comply with a
regulation they are subject to the collection of information subject to the
BILLING CODE 4120–01–P
statutory requirements found in section Paperwork Reduction Act that does not
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Document Created: 2015-12-18 13:19:58
Document Modified: 2015-12-18 13:19:58
| 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 | Extension of timeline for publication of a final rule. | |
| Dates | As of February 17, 2015, CMS extends by 1 year the timeline for publication of a final rule concerning policies and procedures for reporting and returning overpayments to the Medicare program for providers and suppliers of services under Parts A and B of title XVIII as outlined in the proposed rule published February 16, 2012, at 77 FR 9179. | |
| Contact | Joe Strazzire, (410) 786-2775. | |
| FR Citation | 80 FR 8247 | |
| RIN Number | 0938-AQ58 | |
| CFR Citation | 42
CFR
401 42 CFR 405 |
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