81 FR 95890 - Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2017; Medicare Advantage Bid Pricing Data Release; Medicare Advantage and Part D Medical Loss Ratio Data Release; Medicare Advantage Provider Network Requirements; Expansion of Medicare Diabetes Prevention Program Model; Medicare Shared Savings Program Requirements; Corrections

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

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range		95890-95892
FR Document		2016-31649

This document corrects technical and typographical errors that appeared in the final rule published in the November 15, 2016 Federal Register (81 FR 80170). That rule is entitled, ``Medicare Program; Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2017; Medicare Advantage Bid Pricing Data Release; Medicare Advantage and Part D Medical Loss Ratio Data Release; Medicare Advantage Provider Network Requirements; Expansion of Medicare Diabetes Prevention Program Model; Medicare Shared Savings Program Requirements.''

Federal Register, Volume 81 Issue 250 (Thursday, December 29, 2016)

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95890-95892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31649]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 410, 411, 414, 417, 422, 423, 424, 425, and 460

[CMS-1654-CN3]
RIN 0938-AS81


Medicare Program; Revisions to Payment Policies Under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Bid Pricing Data Release; Medicare Advantage and 
Part D Medical Loss Ratio Data Release; Medicare Advantage Provider 
Network Requirements; Expansion of Medicare Diabetes Prevention Program 
Model; Medicare Shared Savings Program Requirements; Corrections

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

ACTION: Final rule; correction.

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

SUMMARY: This document corrects technical and typographical errors that 
appeared in the final rule published in the November 15, 2016 Federal 
Register (81 FR 80170). That rule is entitled, ``Medicare Program; 
Revisions to Payment Policies under the Physician Fee Schedule and 
Other Revisions to Part B for CY 2017; Medicare Advantage Bid Pricing 
Data Release; Medicare Advantage and Part D Medical Loss Ratio Data 
Release; Medicare Advantage Provider Network Requirements; Expansion of 
Medicare Diabetes Prevention Program Model; Medicare Shared Savings 
Program Requirements.''

DATES: This correcting document is effective January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Jessica Bruton (410) 786-5991.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc 2016-26668 (81 FR 80170 through 80562), the final rule 
entitled, ``Medicare Program; Revisions to Payment Policies under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Bid Pricing Data Release; Medicare Advantage and 
Part D Medical Loss Ratio Data Release; Medicare Advantage Provider 
Network Requirements; Expansion of Medicare Diabetes Prevention Program 
Model; Medicare Shared Savings Program Requirements'' there were a 
number of technical and typographical errors that are identified and 
corrected in this correcting document. These corrections are effective 
as if they had been included in the document published November 15, 
2016. Accordingly, the corrections are effective January 1, 2017.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 80252, in our discussion of certain primary care services, 
we made typographical errors and referenced the final HCPCS G-codes 
incorrectly.
    On page 80268, we made a typographical error in the new locality 
number for Stockton-Lodi-CA.
    On page 80330, due to a drafting error, we inadvertently stated 
that we did not receive any comments on our proposals for the 
Electroencephalogram (EEG) family of codes, CPT Codes 95812, 95813, and 
95957.
    On page 80540, we inadvertently included language in our discussion 
of ICRs regarding payment to organizations that provide Medicare 
Diabetes Prevention Program Services.
    On page 80543, due to a drafting error, in our discussion of RVUs 
relative to 2016, we inadvertently used the result descriptors 
incorrectly.
    On page 80543, due to typographical errors the title of Table 51 
and the CY 2017 RVU Budget Neutrality Adjustment are incorrect.

B. Summary and Correction of Errors in the Addenda on the CMS Web Site

    Due to a data error, the incorrect CY 2017 PE RVUs are included in 
Addendum B for HCPCS codes G0422

[[Page 95891]]

and G0423. The corrected CY 2017 PE RVUs for these codes are reflected 
in the corrected Addendum B available on the CMS Web site at 
www.cms.gov//PhysicianFeeSched/.

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; in cases in which these exceptions apply, 
sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide 
exceptions from the notice and 60-day comment period and delay in 
effective date requirements of the Act as well. Section 553(b)(B) of 
the APA and section 1871(b)(2)(C) of the Act authorize an agency to 
dispense with normal 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 rule. 
In addition, section 553(d)(3) of the APA and section 1871(e)(1)(B)(ii) 
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 technical errors in the CY 2017 PFS final rule. The 
corrections contained in this document are consistent with, and do not 
make substantive changes to, the policies and payment methodologies 
that were proposed subject to notice and comment procedures and adopted 
in the CY 2017 PFS final rule. As a result, the corrections made 
through this correcting document are intended to resolve inadvertent 
errors so that the rule accurately reflects the policies adopted in the 
final 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 2017 PFS final rule 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 rule accurately reflects our 
policies as of the date they take effect. Further, such procedures 
would be unnecessary because we are not making any substantive 
revisions to the final rule, but rather, we are simply correcting the 
Federal Register document to reflect the policies that we previously 
proposed, received public comment on, and subsequently finalized in the 
final rule. 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. 2016-26668 of November 15, 2016 (81 FR 80170-80562), 
make the following corrections:
    1. On page 80252,
    a. First column; in the section heading, 5. Assessment and Care 
Planning for Patients with Cognitive Impairment (GPPP6); line 3, the 
code ``(GPPP6)'' is corrected to read ``(G0505)''.
    b. Third column; first partial paragraph, line 6, the codes 
``GPPP1, GPPP2, GPPP3, GPPPX).'' are corrected to read ``G0502, G0503, 
G0504, G0507).''.
    c. Third column; first partial paragraph, line 12 and 13, the codes 
``GPPP1, GPPP2, GPPP3, and GPPPX'' are corrected to read ``G0502, 
G0503, G0504 and G0507''.
    3. On page 80268, top third of the page; in Table 15, MSA-Based Fee 
Schedule Areas in California--Continued, the list entry:

----------------------------------------------------------------------------------------------------------------
                                  New locality    Fee schedule area (MSA
      Current locality No.             No.                name)                Counties         Transition area
----------------------------------------------------------------------------------------------------------------
99.............................              73  Stockton-Lodi, CA......  San Joaquin.......  YES.
----------------------------------------------------------------------------------------------------------------

is corrected to read:

----------------------------------------------------------------------------------------------------------------
                                  New locality    Fee schedule area (MSA
      Current locality No.             No.                name)                Counties         Transition area
----------------------------------------------------------------------------------------------------------------
99.............................              68  Stockton-Lodi, CA......  San Joaquin.......  YES.
----------------------------------------------------------------------------------------------------------------

    4. On page 80330, second column, third full paragraph; lines 1 and 
2 the sentence ``We did not receive any comments on our proposals for 
this family of codes.'' is corrected to read ``We received comments on 
the clinical labor task ``perform procedure'' for CPT codes 95812 and 
95813, but these comments did not address the information contained in 
the RUC's PE summary of recommendations, which served as the primary 
rationale for our proposal. Instead, the commenters stated that the 
clinical labor task is not temporally equivalent to the services 
performed by the physician.''
    5. On page 80540, third column; first full paragraph,
    a. Lines 2 through 4, the phrase ``Security Act exempts the Center 
for Medicare and Medicaid Innovation (CMMI) model tests and 
expansion,'' is corrected to read ``Security Act exempts models tested 
and expanded under section 1115A of the Act,''.
    b. Line 11, the phrase ``evaluation of CMMI models or'' is 
corrected to read ``evaluation of models or''.
    6. On page 80543,
    a. Third column, first full paragraph, line 10, the phrase ``an 
overall decrease'' is corrected to read ``an overall increase''.
    b. Third column, first full paragraph, line 12, the phrase 
``neutrality adjustment that is positive.'' is corrected to read 
``neutrality adjustment that is negative.''
    c. Bottom third of the page in Table 51, Calculation of the Final 
CY 2017 Anesthesia Conversion Factor (CM Estimate);
    (1) The parenthetical in the table heading ``(CM Estimate)'' is 
removed.

[[Page 95892]]

    (2) The list entry:

------------------------------------------------------------------------
    CY 2016 National Average
  Ansthesia Conversion Factor                                 21,9935
------------------------------------------------------------------------
CY 2017 RVU Budget Neutrality    0.013 percent (0.99987)
 Adjustment.
------------------------------------------------------------------------

is corrected to read:

------------------------------------------------------------------------
    CY 2016 National Average
  Anesthesia Conversion Factor                                21.9935
------------------------------------------------------------------------
CY 2017 RVU Budget Neutrality    -0.013 percent
 Adjustment.                      (0.99987).
------------------------------------------------------------------------


    Dated: December 22, 2016.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2016-31649 Filed 12-28-16; 8:45 am]
BILLING CODE 4120-01-P

95890 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations

various levels of government or between Transfer and Advancement Act Dated: December 16, 2016.
the Federal Government and Indian (NTTAA) (15 U.S.C. 272 note). Daniel J. Rosenblatt,
tribes. Thus, the Agency has determined VIII. Congressional Review Act Acting Director, Registration Division, Office
that Executive Order 13132, entitled of Pesticide Programs.
‘‘Federalism’’ (64 FR 43255, August 10, Pursuant to the Congressional Review
1999) and Executive Order 13175, Act (5 U.S.C. 801 et seq.), EPA will Therefore, 40 CFR chapter I is
entitled ‘‘Consultation and Coordination submit a report containing this rule and amended as follows:
with Indian Tribal Governments’’ (65 FR other required information to the U.S.
67249, November 9, 2000) do not apply Senate, the U.S. House of PART 180—[AMENDED]
to this action. In addition, this action Representatives, and the Comptroller
does not impose any enforceable duty or General of the United States prior to ■ 1. The authority citation for part 180
contain any unfunded mandate as publication of the rule in the Federal continues to read as follows:
described under Title II of the Unfunded Register. This action is not a ‘‘major
Authority: 21 U.S.C. 321(q), 346a and 371.
Mandates Reform Act (UMRA) (2 U.S.C. rule’’ as defined by 5 U.S.C. 804(2).
1501 et seq.). List of Subjects in 40 CFR Part 180 ■ 2. In § 180.910, add alphabetically the
inert ingredients to the table to read as
This action does not involve any Environmental protection,
follows:
technical standards that would require Administrative practice and procedure,
Agency consideration of voluntary Agricultural commodities, Pesticides § 180.910 Inert ingredients used pre- and
consensus standards pursuant to section and pests, Reporting and recordkeeping post-harvest; exemptions from the
12(d) of the National Technology requirements. requirement of a tolerance.

Inert ingredients Limits Uses

* * * * * * *
Isobutyl Acetate (CAS Reg. No. 110–19–0) ............................................................ ........................ Solvent.
Isobutyric Acid (CAS Reg. No. 79–31–2) ................................................................. ........................ Solvent.

* * * * * * *

[FR Doc. 2016–31211 Filed 12–28–16; 8:45 am] ‘‘Medicare Program; Revisions to 2016. Accordingly, the corrections are
BILLING CODE 6560–50–P Payment Policies under the Physician effective January 1, 2017.
Fee Schedule and Other Revisions to
II. Summary of Errors
Part B for CY 2017; Medicare Advantage
DEPARTMENT OF HEALTH AND Bid Pricing Data Release; Medicare A. Summary of Errors in the Preamble
HUMAN SERVICES Advantage and Part D Medical Loss On page 80252, in our discussion of
Ratio Data Release; Medicare Advantage certain primary care services, we made
Centers for Medicare & Medicaid Provider Network Requirements; typographical errors and referenced the
Services Expansion of Medicare Diabetes final HCPCS G-codes incorrectly.
Prevention Program Model; Medicare On page 80268, we made a
42 CFR Parts 405, 410, 411, 414, 417, Shared Savings Program Requirements.’’ typographical error in the new locality
422, 423, 424, 425, and 460 DATES: This correcting document is number for Stockton-Lodi-CA.
[CMS–1654–CN3] effective January 1, 2017. On page 80330, due to a drafting
FOR FURTHER INFORMATION CONTACT: error, we inadvertently stated that we
RIN 0938–AS81 Jessica Bruton (410) 786–5991. did not receive any comments on our
Medicare Program; Revisions to SUPPLEMENTARY INFORMATION: proposals for the Electroencephalogram
Payment Policies Under the Physician (EEG) family of codes, CPT Codes
I. Background
Fee Schedule and Other Revisions to 95812, 95813, and 95957.
In FR Doc 2016–26668 (81 FR 80170 On page 80540, we inadvertently
Part B for CY 2017; Medicare
through 80562), the final rule entitled, included language in our discussion of
Advantage Bid Pricing Data Release;
‘‘Medicare Program; Revisions to ICRs regarding payment to organizations
Medicare Advantage and Part D
Payment Policies under the Physician that provide Medicare Diabetes
Medical Loss Ratio Data Release;
Fee Schedule and Other Revisions to Prevention Program Services.
Medicare Advantage Provider Network
Part B for CY 2017; Medicare Advantage On page 80543, due to a drafting
Requirements; Expansion of Medicare
Bid Pricing Data Release; Medicare error, in our discussion of RVUs relative
Diabetes Prevention Program Model;
Advantage and Part D Medical Loss to 2016, we inadvertently used the
Medicare Shared Savings Program
Ratio Data Release; Medicare Advantage result descriptors incorrectly.
Requirements; Corrections
Provider Network Requirements; On page 80543, due to typographical
AGENCY: Centers for Medicare & Expansion of Medicare Diabetes errors the title of Table 51 and the CY
Medicaid Services (CMS), HHS. Prevention Program Model; Medicare 2017 RVU Budget Neutrality
Shared Savings Program Requirements’’
rmajette on DSK2TPTVN1PROD with RULES

ACTION: Final rule; correction. Adjustment are incorrect.
there were a number of technical and
SUMMARY: This document corrects typographical errors that are identified B. Summary and Correction of Errors in
technical and typographical errors that and corrected in this correcting the Addenda on the CMS Web Site
appeared in the final rule published in document. These corrections are Due to a data error, the incorrect CY
the November 15, 2016 Federal Register effective as if they had been included in 2017 PE RVUs are included in
(81 FR 80170). That rule is entitled, the document published November 15, Addendum B for HCPCS codes G0422

VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1

Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations 95891

and G0423. The corrected CY 2017 PE interest; and includes a statement of the our policies as of the date they take
RVUs for these codes are reflected in the finding and the reasons for it in the rule. effect. Further, such procedures would
corrected Addendum B available on the In addition, section 553(d)(3) of the be unnecessary because we are not
CMS Web site at www.cms.gov// APA and section 1871(e)(1)(B)(ii) allow making any substantive revisions to the
PhysicianFeeSched/. the agency to avoid the 30-day delay in final rule, but rather, we are simply
effective date where such delay is correcting the Federal Register
III. Waiver of Proposed Rulemaking
contrary to the public interest and the document to reflect the policies that we
Under 5 U.S.C. 553(b) of the agency includes in the rule a statement previously proposed, received public
Administrative Procedure Act (APA), of the finding and the reasons for it. comment on, and subsequently finalized
the agency is required to publish a In our view, this correcting document in the final rule. For these reasons, we
notice of the proposed rule in the does not constitute a rulemaking that believe there is good cause to waive the
Federal Register before the provisions would be subject to these requirements. requirements for notice and comment
of a rule take effect. Similarly, section This document merely corrects and delay in effective date.
1871(b)(1) of the Act requires the technical errors in the CY 2017 PFS
IV. Correction of Errors
Secretary to provide for notice of the final rule. The corrections contained in
proposed rule in the Federal Register this document are consistent with, and In FR Doc. 2016–26668 of November
and provide a period of not less than 60 do not make substantive changes to, the 15, 2016 (81 FR 80170–80562), make the
days for public comment. In addition, policies and payment methodologies following corrections:
section 553(d) of the APA and section that were proposed subject to notice and 1. On page 80252,
1871(e)(1)(B)(i) of the Act mandate a 30- comment procedures and adopted in the a. First column; in the section
day delay in effective date after issuance CY 2017 PFS final rule. As a result, the heading, 5. Assessment and Care
or publication of a rule. Sections corrections made through this correcting Planning for Patients with Cognitive
553(b)(B) and 553(d)(3) of the APA document are intended to resolve Impairment (GPPP6); line 3, the code
provide for exceptions from the APA inadvertent errors so that the rule ‘‘(GPPP6)’’ is corrected to read
notice and comment, and delay in accurately reflects the policies adopted ‘‘(G0505)’’.
effective date requirements; in cases in in the final rule. b. Third column; first partial
which these exceptions apply, sections Even if this were a rulemaking to paragraph, line 6, the codes ‘‘GPPP1,
1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the which the notice and comment and GPPP2, GPPP3, GPPPX).’’ are corrected
Act provide exceptions from the notice delayed effective date requirements to read ‘‘G0502, G0503, G0504,
and 60-day comment period and delay applied, we find that there is good cause G0507).’’.
in effective date requirements of the Act to waive such requirements. c. Third column; first partial
as well. Section 553(b)(B) of the APA Undertaking further notice and paragraph, line 12 and 13, the codes
and section 1871(b)(2)(C) of the Act comment procedures to incorporate the ‘‘GPPP1, GPPP2, GPPP3, and GPPPX’’
authorize an agency to dispense with corrections in this document into the are corrected to read ‘‘G0502, G0503,
normal notice and comment rulemaking CY 2017 PFS final rule or delaying the G0504 and G0507’’.
procedures for good cause if the agency effective date of the corrections would 3. On page 80268, top third of the
makes a finding that the notice and be contrary to the public interest page; in Table 15, MSA-Based Fee
comment process is impracticable, because it is in the public interest to Schedule Areas in California—
unnecessary, or contrary to the public ensure that the rule accurately reflects Continued, the list entry:

New Fee schedule area
Current locality No. Counties Transition area
locality No. (MSA name)

99 .................................. 73 Stockton-Lodi, CA ............................................... San Joaquin ................. YES.

is corrected to read:

New Fee schedule area
Current locality No. Counties Transition area
locality No. (MSA name)

99 .................................. 68 Stockton-Lodi, CA ............................................... San Joaquin ................. YES.

4. On page 80330, second column, temporally equivalent to the services a. Third column, first full paragraph,
third full paragraph; lines 1 and 2 the performed by the physician.’’ line 10, the phrase ‘‘an overall decrease’’
sentence ‘‘We did not receive any 5. On page 80540, third column; first is corrected to read ‘‘an overall
comments on our proposals for this full paragraph, increase’’.
family of codes.’’ is corrected to read a. Lines 2 through 4, the phrase b. Third column, first full paragraph,
‘‘We received comments on the clinical ‘‘Security Act exempts the Center for line 12, the phrase ‘‘neutrality
labor task ‘‘perform procedure’’ for CPT Medicare and Medicaid Innovation adjustment that is positive.’’ is corrected
codes 95812 and 95813, but these (CMMI) model tests and expansion,’’ is to read ‘‘neutrality adjustment that is
rmajette on DSK2TPTVN1PROD with RULES

comments did not address the corrected to read ‘‘Security Act exempts negative.’’
models tested and expanded under c. Bottom third of the page in Table
information contained in the RUC’s PE
section 1115A of the Act,’’. 51, Calculation of the Final CY 2017
summary of recommendations, which
b. Line 11, the phrase ‘‘evaluation of Anesthesia Conversion Factor (CM
served as the primary rationale for our CMMI models or’’ is corrected to read Estimate);
proposal. Instead, the commenters ‘‘evaluation of models or’’. (1) The parenthetical in the table
stated that the clinical labor task is not 6. On page 80543, heading ‘‘(CM Estimate)’’ is removed.

VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1

Document Created: 2016-12-29 01:58:40
Document Modified: 2016-12-29 01:58:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correction.
Dates		This correcting document is effective January 1, 2017.
Contact		Jessica Bruton (410) 786-5991.
FR Citation		81 FR 95890
RIN Number		0938-AS81
CFR Citation		42 CFR 405 42 CFR 410 42 CFR 411 42 CFR 414 42 CFR 417 42 CFR 422 42 CFR 423 42 CFR 424 42 CFR 425 42 CFR 460

DEPARTMENT OF HEALTH AND HUMAN SERVICESCenters for Medicare & Medicaid Services

Federal Register Volume 81, Issue 250 (December 29, 2016)

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