81_FR_35014 81 FR 34909 - Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2016; Corrections

81 FR 34909 - Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2016; Corrections

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

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range34909-34913
FR Document2016-12841

This document corrects technical and typographical errors that appeared in the final rule with comment period published in the November 16, 2015 Federal Register (80 FR 70886 through 71386) entitled ``Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2016.'' The effective date for the rule was January 1, 2016.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34909-34913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12841]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 414

[CMS-1631-F3]
RIN 0938-AS40


Medicare Program; Revisions to Payment Policies Under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2016; 
Corrections

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

ACTION: Final rule; correcting amendment.

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

SUMMARY: This document corrects technical and typographical errors that 
appeared in the final rule with comment period published in the 
November 16, 2015 Federal Register (80 FR 70886 through 71386) entitled 
``Medicare Program; Revisions to Payment Policies Under the Physician 
Fee Schedule and

[[Page 34910]]

Other Revisions to Part B for CY 2016.'' The effective date for the 
rule was January 1, 2016.

DATES: 
    Effective Date: This correcting document is effective May 31, 2016.
    Applicability Date: The corrections indicated in this document are 
applicable beginning January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Michelle Peterman (410) 786-2591.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2015-28005 (80 FR 70886 through 71386), the final rule 
entitled ``Medicare Program; Revisions to Payment Policies Under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2016'' 
(hereinafter referred to as the CY 2016 PFS final rule with comment 
period), there were a number of technical and typographical errors that 
are identified and corrected in section IV., the Correction of Errors. 
These corrections are applicable as of January 1, 2016.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 71138, due to typographical errors, the QualityNet Help 
Desk email address, the qualified clinical data registry (QCDR) data 
validation execution report delivery date, and the email subject are 
incorrect.
    On page 71139, due to typographical errors, the QualityNet Help 
Desk email address, the qualified registry data validation execution 
report delivery date, and the email subject are incorrect.
    On pages 71141 and 71145, we incorrectly stated the Measure 
Application Validation (MAV) process utilized to determine the 
reporting of Physician Quality Reporting System (PQRS) cross-cutting 
resources.
    On page 71147, we inadvertently omitted language restating the 
Consumer Assessment of Healthcare Providers and Systems (CAHPS) 
requirements that apply to groups of 100 or more eligible professionals 
(EPs) that register to participate in the Group Practice Reporting 
Option (GPRO) regardless of reporting mechanism.
    On pages 71148 through 71150, we inadvertently omitted language 
restating the CAHPS requirement for the QCDR reporting option in Table 
28--Summary of Requirements for the 2018 PQRS Payment Adjustment: Group 
Practice Reporting Criteria for Satisfactory Reporting of Quality 
Measures Data via the GPRO.

B. Summary of Errors in Regulation Text

    On page 71380 of the CY 2016 PFS final rule with comment period, we 
inadvertently omitted language in Sec.  414.90(k)(5)(i). In this 
paragraph, we inadvertently omitted language restating the CAHPS 
requirements that apply to groups of 100 or more EPs that register to 
participate in the Group Practice Reporting Option (GPRO) regardless of 
reporting mechanism.

III. Waiver of Proposed Rulemaking

    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 for 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 APA notice and comment, and delay in 
effective date requirements; similarly, sections 1871(b)(2)(C) and 
1871(e)(1)(B)(ii) of the Act provide exceptions from the notice and 
comment, and delay in effective date requirements of the Act. Section 
553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an 
agency to dispense with normal notice and comment rulemaking procedures 
for good cause if the agency makes a finding that the notice and 
comment process is impracticable, unnecessary, or contrary to the 
public interest; and includes a statement of the finding and the 
reasons for it in the notice. 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 the agency includes in the rule a statement 
of the finding and the reasons for it.
    In our view, this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This document 
merely corrects typographical and technical errors in the CY 2016 PFS 
final rule with comment period. The corrections contained in this 
document are consistent with, and do not make substantive changes to, 
the policies and payment methodologies that were adopted subject to 
notice and comment procedures in the CY 2016 PFS final rule with 
comment period. As a result, the corrections made through this 
correcting document are intended to ensure that the CY 2016 PFS final 
rule with comment period accurately reflects the policies adopted in 
that rule.
    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 PFS final rule with comment period or delaying the 
effective date of the corrections would be contrary to the public 
interest because it is in the public interest to ensure that the CY 
2016 PFS final rule with comment period accurately reflects our final 
policies as soon as possible following the date they take effect. 
Further, such procedures would be unnecessary, because we are not 
altering the payment methodologies or policies, but rather, we are 
simply correcting the Federal Register document to reflect the policies 
that we previously proposed, received comment on, and subsequently 
finalized. This correcting document is intended solely to ensure that 
the CY 2016 PFS final rule with comment period accurately reflects 
these policies. For these reasons, we believe there is good cause to 
waive the requirements for notice and comment and delay in effective 
date.

IV. Correction of Errors

    In FR Doc. 2015-28005 of November 16, 2015 (80 FR 70886), make the 
following corrections:

A. Correction of Errors in the Preamble

    1. On page 71138, second column, second paragraph, lines 8 through 
12, the phrase and sentence ``Desk at [email protected] by 5:00 p.m. 
e.s.t. on June 30, 2016. The email subject should be ``PY2015 Qualified 
Registry Data Validation Execution Report.'' '' are corrected to read 
``Desk at [email protected] by 5:00 p.m. e.s.t. on June 30, 2017. 
The email subject should be ``PY2016 Qualified Registry Data Validation 
Execution Report.'' ''.
    2. On page 71139, third column, fifth full paragraph, lines 8 
through 14, the phrase and sentence ``Desk at [email protected] by 
5:00 p.m. ET on June 30 of the year in which the reporting period 
occurs (that is, June 30, 2016 for reporting periods occurring in 
2016). The email subject should be ``PY2015 Qualified Registry Data 
Validation Execution Report.'' '' are corrected to read ``Desk at 
Qnetsupport@

[[Page 34911]]

hcqis.org by 5:00 p.m. ET on June 30 following the year in which the 
reporting period occurs (that is, June 30, 2017 for the reporting 
periods occurring in 2016). The email subject should be ``PY2016 
Qualified Registry Data Validation Execution Report.'' ''.
    3. On page 71141, first column, first partial paragraph, lines 5 
through 9, the sentence ``In addition, the MAV process will also allow 
us to determine whether an EP should have reported on any of the PQRS 
cross-cutting measures.'' is corrected to read ``Please note, the MAV 
process is not utilized to determine whether an EP should have reported 
on any of the PQRS cross-cutting measures. This analysis occurs prior 
to the EP being subject to MAV.''.
    4. On page 71145, third column, first partial paragraph, lines 4 
through 8, the sentence ``However, please note that the MAV process for 
the 2018 PQRS payment adjustment will now allow us to determine whether 
a group practice should have reported on at least 1 cross-cutting 
measure.'' is corrected to read ``Please note, the MAV process is not 
utilized to determine whether an EP should have reported on any of the 
PQRS cross-cutting measures. This analysis occurs prior to the EP being 
subject to MAV.''.
    5. On page 71147, the third column is corrected by adding the 
following paragraph after the first partial paragraph:

    ``For group practices of 100 or more EPs registered to 
participate in the GPRO via QCDR for the 2018 PQRS payment 
adjustment: The administration of the CAHPS for PQRS survey is 
REQUIRED. Therefore, if reporting via QCDR, these group practices 
must meet the following criterion for satisfactory reporting for the 
2018 PQRS payment adjustment: For the 12-month reporting period for 
the 2018 PQRS payment adjustment, report all CAHPS for PQRS survey 
measures via a certified survey vendor, and report at least 6 
measures available for reporting under a QCDR covering at least 2 of 
the NQS domains, AND report each measure for at least 50 percent of 
the group practice's patients. Of the non-CAHPS for PQRS measures, 
the group practice would report on at least 2 outcome measures, OR, 
if 2 outcomes measures are not available, report on at least 1 
outcome measures and at least 1 of the following types of measures--
resource use, patient experience of care, efficiency/appropriate 
use, or patient safety.''

    6. On page 71148 through 71150, Table 28--Summary of Requirements 
for the 2018 PQRS Payment Adjustment: Group Practice Reporting Criteria 
for Satisfactory Reporting of Quality Measures Data via the GPRO is 
corrected to read as follows:

----------------------------------------------------------------------------------------------------------------
                                   Group practice                          Reporting      Satisfactory reporting
       Reporting  period                size           Measure type        mechanism             criteria
----------------------------------------------------------------------------------------------------------------
12-month (Jan 1-Dec 31, 2016)..  25-99 EPs;         Individual GPRO    Web Interface....  Report on all measures
                                 100+ EPs (if        Measures in the                       included in the web
                                  CAHPS for PQRS     Web Interface.                        interface; AND
                                  does not apply).                                         populate data fields
                                                                                           for the first 248
                                                                                           consecutively ranked
                                                                                           and assigned
                                                                                           beneficiaries in the
                                                                                           order in which they
                                                                                           appear in the group's
                                                                                           sample for each
                                                                                           module or preventive
                                                                                           care measure. If the
                                                                                           pool of eligible
                                                                                           assigned
                                                                                           beneficiaries is less
                                                                                           than 248, then the
                                                                                           group practice must
                                                                                           report on 100 percent
                                                                                           of assigned
                                                                                           beneficiaries. In
                                                                                           other words, we
                                                                                           understand that, in
                                                                                           some instances, the
                                                                                           sampling methodology
                                                                                           we provide will not
                                                                                           be able to assign at
                                                                                           least 248 patients on
                                                                                           which a group
                                                                                           practice may report,
                                                                                           particularly those
                                                                                           group practices on
                                                                                           the smaller end of
                                                                                           the range of 25-99
                                                                                           EPs. If the group
                                                                                           practice is assigned
                                                                                           less than 248
                                                                                           Medicare
                                                                                           beneficiaries, then
                                                                                           the group practice
                                                                                           must report on 100
                                                                                           percent of its
                                                                                           assigned
                                                                                           beneficiaries. A
                                                                                           group practice must
                                                                                           report on at least 1
                                                                                           measure for which
                                                                                           there is Medicare
                                                                                           patient data.
12-month (Jan 1-Dec 31, 2016)..  25-99 EPs that     Individual GPRO    Web Interface +    The group practice
                                  elect CAHPS for    Measures in the    CMS-Certified      must have all CAHPS
                                  PQRS;.             Web Interface +    Survey Vendor.     for PQRS survey
                                 100+ EPs (if        CAHPS for PQRS.                       measures reported on
                                  CAHPS for PQRS                                           its behalf via a CMS-
                                  applies).                                                certified survey
                                                                                           vendor. In addition,
                                                                                           the group practice
                                                                                           must report on all
                                                                                           measures included in
                                                                                           the Web Interface;
                                                                                           AND populate data
                                                                                           fields for the first
                                                                                           248 consecutively
                                                                                           ranked and assigned
                                                                                           beneficiaries in the
                                                                                           order in which they
                                                                                           appear in the group's
                                                                                           sample for each
                                                                                           module or preventive
                                                                                           care measure. If the
                                                                                           pool of eligible
                                                                                           assigned
                                                                                           beneficiaries is less
                                                                                           than 248, then the
                                                                                           group practice must
                                                                                           report on 100 percent
                                                                                           of assigned
                                                                                           beneficiaries. A
                                                                                           group practice will
                                                                                           be required to report
                                                                                           on at least 1 measure
                                                                                           for which there is
                                                                                           Medicare patient
                                                                                           data.
                                                                                          Please note that, if
                                                                                           the CAHPS for PQRS
                                                                                           survey is applicable
                                                                                           to a group practice
                                                                                           who reports quality
                                                                                           measures via the Web
                                                                                           Interface, the group
                                                                                           practice must
                                                                                           administer the CAHPS
                                                                                           for PQRS survey in
                                                                                           addition to reporting
                                                                                           the Web Interface
                                                                                           measures.

[[Page 34912]]

 
12-month (Jan 1-Dec 31, 2016)..  2-99 EPs;          Individual         Qualified          Report at least 9
                                 100+ EPs (if        Measures.          Registry.          measures, covering at
                                  CAHPS for PQRS                                           least 3 of the NQS
                                  does not apply).                                         domains. Of these
                                                                                           measures, if a group
                                                                                           practice sees at
                                                                                           least 1 Medicare
                                                                                           patient in a face-to-
                                                                                           face encounter, the
                                                                                           group practice would
                                                                                           report on at least 1
                                                                                           measure in the PQRS
                                                                                           cross-cutting measure
                                                                                           set. If less than 9
                                                                                           measures covering at
                                                                                           least 3 NQS domains
                                                                                           apply to the group
                                                                                           practice, the group
                                                                                           practice would report
                                                                                           on each measure that
                                                                                           is applicable to the
                                                                                           group practice, AND
                                                                                           report each measure
                                                                                           for at least 50
                                                                                           percent of the
                                                                                           group's Medicare Part
                                                                                           B FFS patients seen
                                                                                           during the reporting
                                                                                           period to which the
                                                                                           measure applies.
                                                                                           Measures with a 0
                                                                                           percent performance
                                                                                           rate would not be
                                                                                           counted.
12-month (Jan 1-Dec 31, 2016)..  2-99 EPs that      Individual         Qualified          The group practice
                                  elect CAHPS for    Measures + CAHPS   Registry + CMS-    must have all CAHPS
                                  PQRS;              for PQRS.          Certified Survey   for PQRS survey
                                 100+ EPs (if                           Vendor.            measures reported on
                                  CAHPS for PQRS                                           its behalf via a CMS-
                                  applies).                                                certified survey
                                                                                           vendor, and report at
                                                                                           least 6 additional
                                                                                           measures, outside of
                                                                                           the CAHPS for PQRS
                                                                                           survey, covering at
                                                                                           least 2 of the NQS
                                                                                           domains using the
                                                                                           qualified registry.
                                                                                           If less than 6
                                                                                           measures apply to the
                                                                                           group practice, the
                                                                                           group practice must
                                                                                           report on each
                                                                                           measure that is
                                                                                           applicable to the
                                                                                           group practice. Of
                                                                                           the additional
                                                                                           measures that must be
                                                                                           reported in
                                                                                           conjunction with
                                                                                           reporting the CAHPS
                                                                                           for PQRS survey
                                                                                           measures, if any EP
                                                                                           in the group practice
                                                                                           sees at least 1
                                                                                           Medicare patient in a
                                                                                           face-to-face
                                                                                           encounter, the group
                                                                                           practice must report
                                                                                           on at least 1 measure
                                                                                           in the PQRS cross-
                                                                                           cutting measure set.
12-month (Jan 1-Dec 31, 2016)..  2-99 EPs;          Individual         Direct EHR         Report 9 measures
                                 100+ EPs (if        Measures.          Product or EHR     covering at least 3
                                  CAHPS for PQRS                        Data Submission    domains. If the group
                                  does not apply).                      Vendor Product.    practice's direct EHR
                                                                                           product or EHR data
                                                                                           submission vendor
                                                                                           product does not
                                                                                           contain patient data
                                                                                           for at least 9
                                                                                           measures covering at
                                                                                           least 3 domains, then
                                                                                           the group practice
                                                                                           must report all of
                                                                                           the measures for
                                                                                           which there is
                                                                                           Medicare patient
                                                                                           data. A group
                                                                                           practice must report
                                                                                           on at least 1 measure
                                                                                           for which there is
                                                                                           Medicare patient
                                                                                           data.
12-month (Jan 1-Dec 31, 2016)..  2-99 EPs that      Individual         Direct EHR         The group practice
                                  elect CAHPS for    Measures + CAHPS   Product or EHR     must have all CAHPS
                                  PQRS;              for PQRS.          Data Submission    for PQRS survey
                                 100+ EPs (if                           Vendor Product +   measures reported on
                                  CAHPS for PQRS                        CMS-Certified      its behalf via a CMS-
                                  applies).                             Survey Vendor.     certified survey
                                                                                           vendor, and report at
                                                                                           least 6 additional
                                                                                           measures, outside of
                                                                                           CAHPS for PQRS,
                                                                                           covering at least 2
                                                                                           of the NQS domains
                                                                                           using the direct EHR
                                                                                           product or EHR data
                                                                                           submission vendor
                                                                                           product. If less than
                                                                                           6 measures apply to
                                                                                           the group practice,
                                                                                           the group practice
                                                                                           must report all of
                                                                                           the measures for
                                                                                           which there is
                                                                                           Medicare patient
                                                                                           data. Of the
                                                                                           additional 6 measures
                                                                                           that must be reported
                                                                                           in conjunction with
                                                                                           reporting the CAHPS
                                                                                           for PQRS survey
                                                                                           measures, a group
                                                                                           practice would be
                                                                                           required to report on
                                                                                           at least 1 measure
                                                                                           for which there is
                                                                                           Medicare patient
                                                                                           data.

[[Page 34913]]

 
12-month (Jan 1-Dec 31, 2016)..  2-99 EPs;          Individual PQRS    Qualified          Report at least 9
                                 100+ EPs (if        measures and/or    Clinical Data      measures available
                                  CAHPS for PQRS     non-PQRS           Registry (QCDR).   for reporting under a
                                  does not apply).   measures                              QCDR covering at
                                                     reportable via a                      least 3 of the NQS
                                                     QCDR.                                 domains, AND report
                                                                                           each measure for at
                                                                                           least 50 percent of
                                                                                           the group practice's
                                                                                           patients. Of these
                                                                                           measures, the group
                                                                                           practice would report
                                                                                           on at least 2 outcome
                                                                                           measures, OR, if 2
                                                                                           outcomes measures are
                                                                                           not available, report
                                                                                           on at least 1 outcome
                                                                                           measures and at least
                                                                                           1 of the following
                                                                                           types of measures--
                                                                                           resource use, patient
                                                                                           experience of care,
                                                                                           efficiency/
                                                                                           appropriate use, or
                                                                                           patient safety.
12-month (Jan 1-Dec 31, 2016)..  2-99 EPs that      Individual PQRS    Qualified          The group practice
                                  elect CAHPS for    measures and/or    Clinical Data      must have all CAHPS
                                  PQRS;              non-PQRS           Registry (QCDR)    for PQRS survey
                                 100+ EPs (if        measures           + CMS-Certified    measures reported on
                                  CAHPS for PQRS     reportable via a   Survey Vendor.     its behalf via a CMS-
                                  applies).          QCDR + CAHPS for                      certified survey
                                                     PQRS.                                 vendor, and report at
                                                                                           least 6 additional
                                                                                           measures, outside of
                                                                                           the CAHPS for PQRS
                                                                                           survey, covering at
                                                                                           least 2 of the NQS
                                                                                           domains using the
                                                                                           QCDR AND report each
                                                                                           measure for at least
                                                                                           50 percent of the
                                                                                           group practice's
                                                                                           patients. Of these
                                                                                           non-CAHPS measures,
                                                                                           the group practice
                                                                                           would report on at
                                                                                           least 2 outcome
                                                                                           measures, OR, if 2
                                                                                           outcomes measures are
                                                                                           not available, report
                                                                                           on at least 1 outcome
                                                                                           measures and at least
                                                                                           1 of the following
                                                                                           types of measures--
                                                                                           resource use, patient
                                                                                           experience of care,
                                                                                           efficiency/
                                                                                           appropriate use, or
                                                                                           patient safety.
----------------------------------------------------------------------------------------------------------------

List of Subjects in 42 CFR Part 414

    Administrative practices and procedure, Health facilities, Health 
professions, Kidney diseases, Medicare, Reporting and recordkeeping 
requirements.

    Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendments to part 414:

PART 414--PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES

0
1. The authority citation for part 414 continues to read as follows:

    Authority:  Secs. 1102, 1871, and 1881(b)(l) of the Social 
Security Act (42 U.S.C. 1302, 1395hh, and 1395rr(b)(l)).


0
2. Section 414.90 is amended by revising paragraph (k)(5)(i) to read as 
follows:


Sec.  414.90  Physician Quality Reporting System (PQRS).

* * * * *
    (k) * * *
    (5) * * *
    (i) If a group practice does not report the CAHPS for PQRS survey 
measures, report at least 9 measures available for reporting under a 
QCDR covering at least 3 of the NQS domains, and report each measure 
for at least 50 percent of the eligible professional's patients. Of 
these measures, report on at least 3 outcome measures, or, if 3 
outcomes measures are not available, report on at least 2 outcome 
measures and at least 1 of the following types of measures--resource 
use, patient experience of care, efficiency/appropriate use, or patient 
safety. If a group practice reports the CAHPS for PQRS survey measures, 
apply reduced criteria as follows: 6 QCDR measures covering 2 NQS 
domains; and, of the non-CAHPS for PQRS measures, 2 outcome measures or 
1 outcome and 1 other specified type of measure, as applicable.
* * * * *CMS-1631-F3

    Dated: May 25, 2016.
Madhura Valverde,
Executive Secretary to the Department.
[FR Doc. 2016-12841 Filed 5-31-16; 8:45 am]
 BILLING CODE 4120-01-P



                                                                  Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                                                                  34909

                                              amendment corrects technical and                              public’s interest for EPs, eligible                                        proposed, received comment on, and
                                              typographic errors in the preamble and                        hospitals, and critical access hospitals                                   subsequently finalized. This correcting
                                              regulation text included in the 2015                          to be advised, in a timely manner, of the                                  document is intended solely to ensure
                                              EHR Incentive Programs final rule with                        meaningful use criteria and EHR                                            that the 2015 EHR Incentive Programs
                                              comment period. The corrections                               reporting periods that they must meet in                                   final rule with comment period
                                              contained in this document are                                order to qualify for Medicare and                                          accurately reflects these policies.
                                              consistent with, and do not make                              Medicaid electronic health record                                          Therefore, we believe we have good
                                              substantive changes to, the policies that                     incentive payments and avoid payment                                       cause to waive the notice and comment
                                              were adopted subject to notice and                            reductions under Medicare, and to                                          and effective date requirements.
                                              comment procedures in the final rule                          ensure that the final rule with comment
                                              with comment period. As a result, the                         period accurately reflects our policies as                                 IV. Correction of Errors
                                              corrections made through this correcting                      of the date they take effect and are                                         In FR Doc. 2015–25595 of October 16,
                                              amendment are intended to ensure that                         applicable. Furthermore, such                                              2015 (80 FR 62762), we are making the
                                              the 2015 EHR Incentive Programs final                         procedures would be unnecessary due                                        following corrections:
                                              rule with comment period accurately                           to the changes in the law made by the
                                              reflects the policies adopted in that rule.                   MACRA, under which the meaningful                                            1. On page 62905, first column, first
                                              In addition, even if this were a                              use payment adjustment for EPs under                                       partial paragraph, lines 7 through 10,
                                              rulemaking to which the notice and                            section 1848(a)(7)(A) of the Act will                                      the phrase ‘‘the payment adjustment in
                                              comment procedures and delayed                                sunset at the end of CY 2018. The                                          2019 for returning participants and for
                                              effective date requirements applied, we                       statements identified above in the                                         the payment adjustment in 2018 for new
                                              find that there is good cause to waive                        preamble and the regulations text                                          participants’’ is corrected to read ‘‘the
                                              such requirements. Undertaking further                        concerning a payment adjustment in                                         payment adjustment in 2018 for new
                                              notice and comment procedures to                              2019 are moot as a result of those                                         participants’’.
                                              incorporate the corrections in this                           changes in the law. In addition, such                                        2. On page 62906, in TABLE 18—EHR
                                              document into the final rule with                             procedures would be unnecessary, as                                        REPORTING PERIODS AND RELATED
                                              comment period or delaying the                                we are not altering our policies; rather,                                  PAYMENT ADJUSTMENT YEARS FOR
                                              effective date would be contrary to the                       we are simply implementing correctly                                       EPs, the entry for 2017 is corrected to
                                              public interest because it is in the                          the policies that we previously                                            read as follows:

                                                                                                                                           2017

                                                                                                                                                                                                                              Applies to avoid a
                                                                                                   EHR reporting period for a payment                                 Applies to avoid a payment                             payment adjustment
                                                                                                           adjustment year                                              adjustment in CY 2018                                    in CY 2019

                                              EP new participants (including those              Any continuous 90-day period in CY                            Yes, if EP successfully attests by Oc-                        N/A.
                                               demonstrating Stage 3 under Medi-                  2017.                                                         tober 1, 2017.
                                               care or Medicaid).
                                              EP returning participants .....................   N/A .......................................................   N/A .......................................................   N/A.



                                                 3. On page 62920, TABLE 21                                   Authority: Secs. 1102 and 1871 of the                                    DEPARTMENT OF HEALTH AND
                                              —BURDEN ESTIMATES STAGE 3, third                              Social Security Act (42 U.S.C. 1302 and                                    HUMAN SERVICES
                                              column, third full paragraph (Measure                         1395hh).
                                              2), lines 8 and 10, the phrase ‘‘an                                                                                                      Centers for Medicare & Medicaid
                                                                                                            § 495.4       [Amended]                                                    Services
                                              electronic summary of care document
                                              from a source other than the provider’s                       ■ 2. In § 495.4, paragraph (1)(ii)(C)(2) of
                                              EHR system.’’ is corrected to read ‘‘an                       the definition of ‘‘EHR reporting period                                   42 CFR Part 414
                                              electronic summary of care document.’’.                       for a payment adjustment year’’ is                                         [CMS–1631–F3]
                                              List of Subjects in 42 CFR Part 495                           removed and reserved.
                                                                                                                                                                                       RIN 0938–AS40
                                                Administrative practice and                                 § 495.24        [Amended]
                                              procedure, Electronic health records,                                                                                                    Medicare Program; Revisions to
                                              Health facilities, Health professions,                        ■ 3. In § 495.24, paragraph                                                Payment Policies Under the Physician
                                              Health maintenance organizations                              (d)(7)(ii)(B)(2) is amended by removing                                    Fee Schedule and Other Revisions to
                                              (HMO), Medicaid, Medicare, Penalties,                         the phrase ‘‘an electronic summary of                                      Part B for CY 2016; Corrections
                                              Privacy, Reporting and recordkeeping                          care document from a source other than
                                              requirements.                                                 the provider’s EHR system.’’ and adding                                    AGENCY:  Centers for Medicare &
                                                As noted in section II.B. of this                           in its place the phrase ‘‘an electronic                                    Medicaid Services (CMS), HHS.
                                              correcting amendment, the Centers for                         summary of care document.’’.                                               ACTION: Final rule; correcting
                                              Medicare & Medicaid Services is making                                                                                                   amendment.
                                                                                                              Dated: May 25, 2016.
                                              the following correcting amendments to
                                              42 CFR part 495:                                              Madhura Valverde,                                                          SUMMARY:  This document corrects
sradovich on DSK3TPTVN1PROD with RULES




                                                                                                            Executive Secretary to the Department,                                     technical and typographical errors that
                                              PART 495—STANDARDS FOR THE                                    Department of Health and Human Services.                                   appeared in the final rule with comment
                                              ELECTRONIC HEALTH RECORD                                      [FR Doc. 2016–12853 Filed 5–31–16; 8:45 am]                                period published in the November 16,
                                              TECHNOLOGY INCENTIVE PROGRAM                                  BILLING CODE 4120–01–P
                                                                                                                                                                                       2015 Federal Register (80 FR 70886
                                                                                                                                                                                       through 71386) entitled ‘‘Medicare
                                              ■ 1. The authority citation for part 495                                                                                                 Program; Revisions to Payment Policies
                                              continues to read as follows:                                                                                                            Under the Physician Fee Schedule and


                                         VerDate Sep<11>2014    16:11 May 31, 2016    Jkt 238001    PO 00000       Frm 00049        Fmt 4700       Sfmt 4700      E:\FR\FM\01JNR1.SGM             01JNR1


                                              34910             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                              Other Revisions to Part B for CY 2016.’’                B. Summary of Errors in Regulation Text               rule with comment period. As a result,
                                              The effective date for the rule was                        On page 71380 of the CY 2016 PFS                   the corrections made through this
                                              January 1, 2016.                                        final rule with comment period, we                    correcting document are intended to
                                                                                                      inadvertently omitted language in                     ensure that the CY 2016 PFS final rule
                                              DATES:
                                                                                                      § 414.90(k)(5)(i). In this paragraph, we              with comment period accurately reflects
                                                Effective Date: This correcting                                                                             the policies adopted in that rule.
                                              document is effective May 31, 2016.                     inadvertently omitted language restating
                                                                                                                                                               Even if this were a rulemaking to
                                                                                                      the CAHPS requirements that apply to
                                                Applicability Date: The corrections                                                                         which the notice and comment and
                                                                                                      groups of 100 or more EPs that register
                                              indicated in this document are                                                                                delayed effective date requirements
                                                                                                      to participate in the Group Practice
                                              applicable beginning January 1, 2016.                                                                         applied, we find that there is good cause
                                                                                                      Reporting Option (GPRO) regardless of
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            to waive such requirements.
                                                                                                      reporting mechanism.
                                              Michelle Peterman (410) 786–2591.                                                                             Undertaking further notice and
                                                                                                      III. Waiver of Proposed Rulemaking                    comment procedures to incorporate the
                                              SUPPLEMENTARY INFORMATION:                                                                                    corrections in this document into the
                                                                                                         Under 5 U.S.C. 553(b) of the
                                              I. Background                                           Administrative Procedure Act (APA),                   CY 2016 PFS final rule with comment
                                                                                                                                                            period or delaying the effective date of
                                                                                                      the agency is required to publish a
                                                In FR Doc. 2015–28005 (80 FR 70886                                                                          the corrections would be contrary to the
                                                                                                      notice of the proposed rule in the
                                              through 71386), the final rule entitled                                                                       public interest because it is in the
                                                                                                      Federal Register before the provisions
                                              ‘‘Medicare Program; Revisions to                                                                              public interest to ensure that the CY
                                                                                                      of a rule take effect. Similarly, section
                                              Payment Policies Under the Physician                                                                          2016 PFS final rule with comment
                                                                                                      1871(b)(1) of the Act requires the
                                              Fee Schedule and Other Revisions to                                                                           period accurately reflects our final
                                                                                                      Secretary to provide for notice of the
                                              Part B for CY 2016’’ (hereinafter referred                                                                    policies as soon as possible following
                                                                                                      proposed rule in the Federal Register
                                              to as the CY 2016 PFS final rule with                                                                         the date they take effect. Further, such
                                                                                                      and provide a period of not less than 60
                                              comment period), there were a number                                                                          procedures would be unnecessary,
                                                                                                      days for public comment. In addition,
                                              of technical and typographical errors                                                                         because we are not altering the payment
                                                                                                      section 553(d) of the APA, and section                methodologies or policies, but rather,
                                              that are identified and corrected in
                                                                                                      1871(e)(1)(B)(i) of the Act mandate a 30-             we are simply correcting the Federal
                                              section IV., the Correction of Errors.
                                                                                                      day delay in effective date after issuance            Register document to reflect the policies
                                              These corrections are applicable as of
                                                                                                      or publication of a rule. Sections                    that we previously proposed, received
                                              January 1, 2016.
                                                                                                      553(b)(B) and 553(d)(3) of the APA                    comment on, and subsequently
                                              II. Summary of Errors                                   provide for exceptions from the APA                   finalized. This correcting document is
                                                                                                      notice and comment, and delay in                      intended solely to ensure that the CY
                                              A. Summary of Errors in the Preamble
                                                                                                      effective date requirements; similarly,               2016 PFS final rule with comment
                                                On page 71138, due to typographical                   sections 1871(b)(2)(C) and                            period accurately reflects these policies.
                                              errors, the QualityNet Help Desk email                  1871(e)(1)(B)(ii) of the Act provide                  For these reasons, we believe there is
                                              address, the qualified clinical data                    exceptions from the notice and                        good cause to waive the requirements
                                              registry (QCDR) data validation                         comment, and delay in effective date                  for notice and comment and delay in
                                              execution report delivery date, and the                 requirements of the Act. Section                      effective date.
                                              email subject are incorrect.                            553(b)(B) of the APA and section
                                                On page 71139, due to typographical                   1871(b)(2)(C) of the Act authorize an                 IV. Correction of Errors
                                              errors, the QualityNet Help Desk email                  agency to dispense with normal notice                   In FR Doc. 2015–28005 of November
                                              address, the qualified registry data                    and comment rulemaking procedures                     16, 2015 (80 FR 70886), make the
                                              validation execution report delivery                    for good cause if the agency makes a                  following corrections:
                                              date, and the email subject are incorrect.              finding that the notice and comment
                                                                                                      process is impracticable, unnecessary,                A. Correction of Errors in the Preamble
                                                On pages 71141 and 71145, we                          or contrary to the public interest; and                  1. On page 71138, second column,
                                              incorrectly stated the Measure                          includes a statement of the finding and               second paragraph, lines 8 through 12,
                                              Application Validation (MAV) process                    the reasons for it in the notice. In                  the phrase and sentence ‘‘Desk at
                                              utilized to determine the reporting of                  addition, both section 553(d)(3) of the               Qnetsupport@sdps.org by 5:00 p.m.
                                              Physician Quality Reporting System                      APA and section 1871(e)(1)(B)(ii) of the              e.s.t. on June 30, 2016. The email
                                              (PQRS) cross-cutting resources.                         Act allow the agency to avoid the 30-                 subject should be ‘‘PY2015 Qualified
                                                On page 71147, we inadvertently                       day delay in effective date where such                Registry Data Validation Execution
                                              omitted language restating the                          delay is contrary to the public interest              Report.’’ ’’ are corrected to read ‘‘Desk at
                                              Consumer Assessment of Healthcare                       and the agency includes in the rule a                 Qnetsupport@hcqis.org by 5:00 p.m.
                                              Providers and Systems (CAHPS)                           statement of the finding and the reasons              e.s.t. on June 30, 2017. The email
                                              requirements that apply to groups of 100                for it.                                               subject should be ‘‘PY2016 Qualified
                                              or more eligible professionals (EPs) that                  In our view, this correcting document              Registry Data Validation Execution
                                              register to participate in the Group                    does not constitute a rulemaking that                 Report.’’ ’’.
                                              Practice Reporting Option (GPRO)                        would be subject to these requirements.                  2. On page 71139, third column, fifth
                                              regardless of reporting mechanism.                      This document merely corrects                         full paragraph, lines 8 through 14, the
                                                On pages 71148 through 71150, we                      typographical and technical errors in                 phrase and sentence ‘‘Desk at
                                              inadvertently omitted language restating                the CY 2016 PFS final rule with                       Qnetsupport@sdps.org by 5:00 p.m. ET
sradovich on DSK3TPTVN1PROD with RULES




                                              the CAHPS requirement for the QCDR                      comment period. The corrections                       on June 30 of the year in which the
                                              reporting option in Table 28—Summary                    contained in this document are                        reporting period occurs (that is, June 30,
                                              of Requirements for the 2018 PQRS                       consistent with, and do not make                      2016 for reporting periods occurring in
                                              Payment Adjustment: Group Practice                      substantive changes to, the policies and              2016). The email subject should be
                                              Reporting Criteria for Satisfactory                     payment methodologies that were                       ‘‘PY2015 Qualified Registry Data
                                              Reporting of Quality Measures Data via                  adopted subject to notice and comment                 Validation Execution Report.’’ ’’ are
                                              the GPRO.                                               procedures in the CY 2016 PFS final                   corrected to read ‘‘Desk at Qnetsupport@


                                         VerDate Sep<11>2014   16:11 May 31, 2016   Jkt 238001   PO 00000   Frm 00050   Fmt 4700   Sfmt 4700   E:\FR\FM\01JNR1.SGM   01JNR1


                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                                 34911

                                              hcqis.org by 5:00 p.m. ET on June 30                    payment adjustment will now allow us                      reporting period for the 2018 PQRS payment
                                              following the year in which the                         to determine whether a group practice                     adjustment, report all CAHPS for PQRS
                                              reporting period occurs (that is, June 30,              should have reported on at least 1 cross-                 survey measures via a certified survey
                                              2017 for the reporting periods occurring                cutting measure.’’ is corrected to read                   vendor, and report at least 6 measures
                                              in 2016). The email subject should be                   ‘‘Please note, the MAV process is not                     available for reporting under a QCDR
                                              ‘‘PY2016 Qualified Registry Data                        utilized to determine whether an EP                       covering at least 2 of the NQS domains, AND
                                                                                                                                                                report each measure for at least 50 percent of
                                              Validation Execution Report.’’ ’’.                      should have reported on any of the
                                                 3. On page 71141, first column, first                                                                          the group practice’s patients. Of the non-
                                                                                                      PQRS cross-cutting measures. This                         CAHPS for PQRS measures, the group
                                              partial paragraph, lines 5 through 9, the               analysis occurs prior to the EP being                     practice would report on at least 2 outcome
                                              sentence ‘‘In addition, the MAV process                 subject to MAV.’’.                                        measures, OR, if 2 outcomes measures are not
                                              will also allow us to determine whether                    5. On page 71147, the third column is                  available, report on at least 1 outcome
                                              an EP should have reported on any of                    corrected by adding the following                         measures and at least 1 of the following types
                                              the PQRS cross-cutting measures.’’ is                   paragraph after the first partial                         of measures—resource use, patient
                                              corrected to read ‘‘Please note, the MAV                paragraph:                                                experience of care, efficiency/appropriate
                                              process is not utilized to determine                                                                              use, or patient safety.’’
                                              whether an EP should have reported on                     ‘‘For group practices of 100 or more EPs
                                              any of the PQRS cross-cutting measures.                 registered to participate in the GPRO via                   6. On page 71148 through 71150,
                                                                                                      QCDR for the 2018 PQRS payment                            Table 28—Summary of Requirements
                                              This analysis occurs prior to the EP                    adjustment: The administration of the
                                              being subject to MAV.’’.                                CAHPS for PQRS survey is REQUIRED.
                                                                                                                                                                for the 2018 PQRS Payment Adjustment:
                                                 4. On page 71145, third column, first                Therefore, if reporting via QCDR, these group             Group Practice Reporting Criteria for
                                              partial paragraph, lines 4 through 8, the               practices must meet the following criterion               Satisfactory Reporting of Quality
                                              sentence ‘‘However, please note that the                for satisfactory reporting for the 2018 PQRS              Measures Data via the GPRO is
                                              MAV process for the 2018 PQRS                           payment adjustment: For the 12-month                      corrected to read as follows:

                                                     Reporting             Group practice size              Measure type            Reporting mechanism                  Satisfactory reporting criteria
                                                      period

                                              12-month (Jan 1–Dec        25–99 EPs;                   Individual GPRO              Web Interface ............    Report on all measures included in the web
                                                31, 2016).               100+ EPs (if CAHPS             Measures in the                                            interface; AND populate data fields for the
                                                                           for PQRS does not            Web Interface.                                             first 248 consecutively ranked and as-
                                                                           apply).                                                                                 signed beneficiaries in the order in which
                                                                                                                                                                   they appear in the group’s sample for
                                                                                                                                                                   each module or preventive care measure.
                                                                                                                                                                   If the pool of eligible assigned bene-
                                                                                                                                                                   ficiaries is less than 248, then the group
                                                                                                                                                                   practice must report on 100 percent of as-
                                                                                                                                                                   signed beneficiaries. In other words, we
                                                                                                                                                                   understand that, in some instances, the
                                                                                                                                                                   sampling methodology we provide will not
                                                                                                                                                                   be able to assign at least 248 patients on
                                                                                                                                                                   which a group practice may report, particu-
                                                                                                                                                                   larly those group practices on the smaller
                                                                                                                                                                   end of the range of 25–99 EPs. If the
                                                                                                                                                                   group practice is assigned less than 248
                                                                                                                                                                   Medicare beneficiaries, then the group
                                                                                                                                                                   practice must report on 100 percent of its
                                                                                                                                                                   assigned beneficiaries. A group practice
                                                                                                                                                                   must report on at least 1 measure for
                                                                                                                                                                   which there is Medicare patient data.
                                              12-month (Jan 1–Dec        25–99 EPs that elect         Individual GPRO              Web Interface + CMS-          The group practice must have all CAHPS for
                                                31, 2016).                 CAHPS for PQRS;.             Measures in the             Certified Survey               PQRS survey measures reported on its
                                                                         100+ EPs (if CAHPS             Web Interface +             Vendor.                        behalf via a CMS-certified survey vendor.
                                                                           for PQRS applies).           CAHPS for PQRS.                                            In addition, the group practice must report
                                                                                                                                                                   on all measures included in the Web Inter-
                                                                                                                                                                   face; AND populate data fields for the first
                                                                                                                                                                   248 consecutively ranked and assigned
                                                                                                                                                                   beneficiaries in the order in which they ap-
                                                                                                                                                                   pear in the group’s sample for each mod-
                                                                                                                                                                   ule or preventive care measure. If the pool
                                                                                                                                                                   of eligible assigned beneficiaries is less
                                                                                                                                                                   than 248, then the group practice must re-
                                                                                                                                                                   port on 100 percent of assigned bene-
                                                                                                                                                                   ficiaries. A group practice will be required
                                                                                                                                                                   to report on at least 1 measure for which
                                                                                                                                                                   there is Medicare patient data.
                                                                                                                                                                 Please note that, if the CAHPS for PQRS
sradovich on DSK3TPTVN1PROD with RULES




                                                                                                                                                                   survey is applicable to a group practice
                                                                                                                                                                   who reports quality measures via the Web
                                                                                                                                                                   Interface, the group practice must admin-
                                                                                                                                                                   ister the CAHPS for PQRS survey in addi-
                                                                                                                                                                   tion to reporting the Web Interface meas-
                                                                                                                                                                   ures.




                                         VerDate Sep<11>2014   16:11 May 31, 2016   Jkt 238001   PO 00000   Frm 00051   Fmt 4700   Sfmt 4700   E:\FR\FM\01JNR1.SGM     01JNR1


                                              34912              Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                                     Reporting             Group practice size              Measure type            Reporting mechanism                Satisfactory reporting criteria
                                                      period

                                              12-month (Jan 1–Dec        2–99 EPs;                    Individual Measures ...      Qualified Registry ......
                                                                                                                                                          Report at least 9 measures, covering at least
                                                31, 2016).               100+ EPs (if CAHPS                                                                 3 of the NQS domains. Of these meas-
                                                                           for PQRS does not                                                                ures, if a group practice sees at least 1
                                                                           apply).                                                                          Medicare patient in a face-to-face encoun-
                                                                                                                                                            ter, the group practice would report on at
                                                                                                                                                            least 1 measure in the PQRS cross-cutting
                                                                                                                                                            measure set. If less than 9 measures cov-
                                                                                                                                                            ering at least 3 NQS domains apply to the
                                                                                                                                                            group practice, the group practice would
                                                                                                                                                            report on each measure that is applicable
                                                                                                                                                            to the group practice, AND report each
                                                                                                                                                            measure for at least 50 percent of the
                                                                                                                                                            group’s Medicare Part B FFS patients
                                                                                                                                                            seen during the reporting period to which
                                                                                                                                                            the measure applies. Measures with a 0
                                                                                                                                                            percent performance rate would not be
                                                                                                                                                            counted.
                                              12-month (Jan 1–Dec        2–99 EPs that elect          Individual Measures +        Qualified Registry +   The group practice must have all CAHPS for
                                                31, 2016).                 CAHPS for PQRS;              CAHPS for PQRS.              CMS-Certified Sur-     PQRS survey measures reported on its
                                                                         100+ EPs (if CAHPS                                          vey Vendor.            behalf via a CMS-certified survey vendor,
                                                                           for PQRS applies).                                                               and report at least 6 additional measures,
                                                                                                                                                            outside of the CAHPS for PQRS survey,
                                                                                                                                                            covering at least 2 of the NQS domains
                                                                                                                                                            using the qualified registry. If less than 6
                                                                                                                                                            measures apply to the group practice, the
                                                                                                                                                            group practice must report on each meas-
                                                                                                                                                            ure that is applicable to the group practice.
                                                                                                                                                            Of the additional measures that must be
                                                                                                                                                            reported in conjunction with reporting the
                                                                                                                                                            CAHPS for PQRS survey measures, if any
                                                                                                                                                            EP in the group practice sees at least 1
                                                                                                                                                            Medicare patient in a face-to-face encoun-
                                                                                                                                                            ter, the group practice must report on at
                                                                                                                                                            least 1 measure in the PQRS cross-cutting
                                                                                                                                                            measure set.
                                              12-month (Jan 1–Dec        2–99 EPs;                    Individual Measures ...      Direct EHR Product or Report 9 measures covering at least 3 do-
                                                31, 2016).               100+ EPs (if CAHPS                                          EHR Data Submis-       mains. If the group practice’s direct EHR
                                                                           for PQRS does not                                         sion Vendor Product.   product or EHR data submission vendor
                                                                           apply).                                                                          product does not contain patient data for
                                                                                                                                                            at least 9 measures covering at least 3 do-
                                                                                                                                                            mains, then the group practice must report
                                                                                                                                                            all of the measures for which there is
                                                                                                                                                            Medicare patient data. A group practice
                                                                                                                                                            must report on at least 1 measure for
                                                                                                                                                            which there is Medicare patient data.
                                              12-month (Jan 1–Dec        2–99 EPs that elect          Individual Measures +        Direct EHR Product or The group practice must have all CAHPS for
                                                31, 2016).                 CAHPS for PQRS;              CAHPS for PQRS.              EHR Data Submis-       PQRS survey measures reported on its
                                                                         100+ EPs (if CAHPS                                          sion Vendor Product    behalf via a CMS-certified survey vendor,
                                                                           for PQRS applies).                                        + CMS-Certified        and report at least 6 additional measures,
                                                                                                                                     Survey Vendor.         outside of CAHPS for PQRS, covering at
                                                                                                                                                            least 2 of the NQS domains using the di-
                                                                                                                                                            rect EHR product or EHR data submission
                                                                                                                                                            vendor product. If less than 6 measures
                                                                                                                                                            apply to the group practice, the group
                                                                                                                                                            practice must report all of the measures
                                                                                                                                                            for which there is Medicare patient data.
                                                                                                                                                            Of the additional 6 measures that must be
                                                                                                                                                            reported in conjunction with reporting the
                                                                                                                                                            CAHPS for PQRS survey measures, a
                                                                                                                                                            group practice would be required to report
                                                                                                                                                            on at least 1 measure for which there is
                                                                                                                                                            Medicare patient data.
sradovich on DSK3TPTVN1PROD with RULES




                                         VerDate Sep<11>2014   16:11 May 31, 2016   Jkt 238001   PO 00000   Frm 00052   Fmt 4700   Sfmt 4700   E:\FR\FM\01JNR1.SGM   01JNR1


                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                               34913

                                                     Reporting             Group practice size              Measure type            Reporting mechanism                Satisfactory reporting criteria
                                                      period

                                              12-month (Jan 1–Dec        2–99 EPs;                    Individual PQRS              Qualified Clinical Data    Report at least 9 measures available for re-
                                                31, 2016).               100+ EPs (if CAHPS             measures and/or             Registry (QCDR).            porting under a QCDR covering at least 3
                                                                           for PQRS does not            non-PQRS meas-                                          of the NQS domains, AND report each
                                                                           apply).                      ures reportable via                                     measure for at least 50 percent of the
                                                                                                        a QCDR.                                                 group practice’s patients. Of these meas-
                                                                                                                                                                ures, the group practice would report on at
                                                                                                                                                                least 2 outcome measures, OR, if 2 out-
                                                                                                                                                                comes measures are not available, report
                                                                                                                                                                on at least 1 outcome measures and at
                                                                                                                                                                least 1 of the following types of meas-
                                                                                                                                                                ures—resource use, patient experience of
                                                                                                                                                                care, efficiency/appropriate use, or patient
                                                                                                                                                                safety.
                                              12-month (Jan 1–Dec        2–99 EPs that elect          Individual PQRS              Qualified Clinical Data    The group practice must have all CAHPS for
                                                31, 2016).                 CAHPS for PQRS;              measures and/or             Registry (QCDR) +           PQRS survey measures reported on its
                                                                         100+ EPs (if CAHPS             non-PQRS meas-              CMS-Certified Sur-          behalf via a CMS-certified survey vendor,
                                                                           for PQRS applies).           ures reportable via         vey Vendor.                 and report at least 6 additional measures,
                                                                                                        a QCDR + CAHPS                                          outside of the CAHPS for PQRS survey,
                                                                                                        for PQRS.                                               covering at least 2 of the NQS domains
                                                                                                                                                                using the QCDR AND report each meas-
                                                                                                                                                                ure for at least 50 percent of the group
                                                                                                                                                                practice’s patients. Of these non-CAHPS
                                                                                                                                                                measures, the group practice would report
                                                                                                                                                                on at least 2 outcome measures, OR, if 2
                                                                                                                                                                outcomes measures are not available, re-
                                                                                                                                                                port on at least 1 outcome measures and
                                                                                                                                                                at least 1 of the following types of meas-
                                                                                                                                                                ures—resource use, patient experience of
                                                                                                                                                                care, efficiency/appropriate use, or patient
                                                                                                                                                                safety.



                                              List of Subjects in 42 CFR Part 414                     outcome measures, or, if 3 outcomes                    DEPARTMENT OF COMMERCE
                                                Administrative practices and                          measures are not available, report on at
                                              procedure, Health facilities, Health                    least 2 outcome measures and at least 1                National Telecommunications and
                                              professions, Kidney diseases, Medicare,                 of the following types of measures—                    Information Administration
                                              Reporting and recordkeeping                             resource use, patient experience of care,
                                              requirements.                                           efficiency/appropriate use, or patient                 47 CFR Part 300
                                                Accordingly, 42 CFR chapter IV is                     safety. If a group practice reports the                [Docket Number: 160523450–6450–01]
                                              corrected by making the following                       CAHPS for PQRS survey measures,
                                                                                                                                                             RIN 0660–AA32
                                              correcting amendments to part 414:                      apply reduced criteria as follows: 6
                                                                                                      QCDR measures covering 2 NQS                           Revision to the Manual of Regulations
                                              PART 414—PAYMENT FOR PART B                             domains; and, of the non-CAHPS for                     and Procedures for Federal Radio
                                              MEDICAL AND OTHER HEALTH                                PQRS measures, 2 outcome measures or                   Frequency Management
                                              SERVICES                                                1 outcome and 1 other specified type of
                                                                                                      measure, as applicable.                                AGENCY:  National Telecommunications
                                              ■ 1. The authority citation for part 414                                                                       and Information Administration, U.S.
                                              continues to read as follows:                           *     *      *    *     *                              Department of Commerce.
                                                Authority: Secs. 1102, 1871, and 1881(b)(l)             Dated: May 25, 2016.                                 ACTION: Final rule.
                                              of the Social Security Act (42 U.S.C. 1302,             Madhura Valverde,
                                              1395hh, and 1395rr(b)(l)).                                                                                     SUMMARY:   The National
                                                                                                      Executive Secretary to the Department.                 Telecommunications and Information
                                              ■ 2. Section 414.90 is amended by                       [FR Doc. 2016–12841 Filed 5–31–16; 8:45 am]            Administration (NTIA) is making
                                              revising paragraph (k)(5)(i) to read as                 BILLING CODE 4120–01–P                                 certain changes to its regulations
                                              follows:                                                                                                       relating to the public availability of the
                                              § 414.90 Physician Quality Reporting                                                                           Manual of Regulations and Procedures
                                              System (PQRS).                                                                                                 for Federal Radio Frequency
                                              *      *     *    *     *                                                                                      Management (NTIA Manual).
                                                (k) * * *                                                                                                    Specifically, NTIA is releasing an
                                                (5) * * *                                                                                                    update to the current edition of the
                                                (i) If a group practice does not report                                                                      NTIA Manual, with which federal
sradovich on DSK3TPTVN1PROD with RULES




                                              the CAHPS for PQRS survey measures,                                                                            agencies must comply when requesting
                                              report at least 9 measures available for                                                                       use of radio frequency spectrum. NTIA
                                              reporting under a QCDR covering at                                                                             is also making changes to the regulatory
                                              least 3 of the NQS domains, and report                                                                         text to comply with the Incorporation by
                                              each measure for at least 50 percent of                                                                        Reference formatting structure.
                                              the eligible professional’s patients. Of                                                                       DATES: This regulation is effective on
                                              these measures, report on at least 3                                                                           June 1, 2016. The incorporation by


                                         VerDate Sep<11>2014   17:17 May 31, 2016   Jkt 238001   PO 00000   Frm 00053   Fmt 4700   Sfmt 4700   E:\FR\FM\01JNR1.SGM   01JNR1



Document Created: 2018-02-08 07:26:56
Document Modified: 2018-02-08 07:26:56
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; correcting amendment.
DatesEffective Date: This correcting document is effective May 31, 2016.
ContactMichelle Peterman (410) 786-2591.
FR Citation81 FR 34909 
RIN Number0938-AS40
CFR AssociatedAdministrative Practices and Procedure; Health Facilities; Health Professions; Kidney Diseases; Medicare and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR