82 FR 14639 - 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 82, Issue 54 (March 22, 2017)
Centers for Medicare & Medicaid Services
Federal Register Volume 82, Issue 54 (March 22, 2017)
| Page Range | 14639-14639 | |
| FR Document | 2017-05675 |
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)] [Rules and Regulations] [Page 14639] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05675] [[Page 14639]] ======================================================================= ----------------------------------------------------------------------- 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-CN4] 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 errors in the addenda to the final rule published in the November 15, 2016, Federal Register 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 March 21, 2017 and is applicable beginning January 1, 2017. FOR FURTHER INFORMATION CONTACT: Jessica Bruton (410) 786-5991. SUPPLEMENTARY INFORMATION: I. Background In the addenda to 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 was a technical error in an element of the payment calculation for several services that is identified and corrected in this correcting document. These corrections are effective as if they had been included with the document published November 15, 2016. Accordingly, the corrections are applicable beginning January 1, 2017. II. Summary and Correction of Errors in the Addenda on the CMS Web Site Due to a technical error in the allocation of indirect practice expense (PE) for CPT codes 97161 through 97168, the incorrect CY 2017 PE relative value units (RVUs) were included in Addendum B. 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/Medicare/Medicare-Fee-for-Service-Payment/PhysicianFeeSched/index.html. III. Waiver of Proposed Rulemaking Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the 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 Social Security Act (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. Dated: March 16, 2017. Ann C. Agnew, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2017-05675 Filed 3-21-17; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Rules and Regulations 14639
DEPARTMENT OF HEALTH AND correcting document. These corrections technical errors in the CY 2017 PFS
HUMAN SERVICES are effective as if they had been final rule. The corrections contained in
included with the document published this document are consistent with, and
Centers for Medicare & Medicaid November 15, 2016. Accordingly, the do not make substantive changes to, the
Services corrections are applicable beginning policies and payment methodologies
January 1, 2017. that were proposed subject to notice and
42 CFR Parts 405, 410, 411, 414, 417, comment procedures and adopted in the
II. Summary and Correction of Errors
422, 423, 424, 425, and 460 CY 2017 PFS final rule. As a result, the
in the Addenda on the CMS Web Site
[CMS–1654–CN4] corrections made through this correcting
Due to a technical error in the document are intended to resolve
RIN 0938–AS81 allocation of indirect practice expense inadvertent errors so that the rule
(PE) for CPT codes 97161 through accurately reflects the policies adopted
Medicare Program; Revisions to 97168, the incorrect CY 2017 PE relative in the final rule.
Payment Policies Under the Physician value units (RVUs) were included in
Fee Schedule and Other Revisions to Addendum B. The corrected CY 2017 Even if this were a rulemaking to
Part B for CY 2017; Medicare PE RVUs for these codes are reflected in which the notice and comment and
Advantage Bid Pricing Data Release; the corrected Addendum B available on delayed effective date requirements
Medicare Advantage and Part D the CMS Web site at www.cms.gov/ applied, we find that there is good cause
Medical Loss Ratio Data Release; Medicare/Medicare-Fee-for-Service- to waive such requirements.
Medicare Advantage Provider Network Payment/PhysicianFeeSched/ Undertaking further notice and
Requirements; Expansion of Medicare index.html. comment procedures to incorporate the
Diabetes Prevention Program Model; corrections in this document into the
III. Waiver of Proposed Rulemaking CY 2017 PFS final rule or delaying the
Medicare Shared Savings Program
Requirements; Corrections Under 5 U.S.C. 553(b) of the effective date of the corrections would
Administrative Procedure Act (the be contrary to the public interest
AGENCY: Centers for Medicare & APA), the agency is required to publish because it is in the public interest to
Medicaid Services (CMS), HHS. a notice of the proposed rule in the ensure that the rule accurately reflects
ACTION: Final rule; correction. Federal Register before the provisions our policies as of the date they take
of a rule take effect. Similarly, section effect. Further, such procedures would
SUMMARY: This document corrects 1871(b)(1) of the Social Security Act
technical errors in the addenda to the be unnecessary because we are not
(the Act) requires the Secretary to making any substantive revisions to the
final rule published in the November provide for notice of the proposed rule
15, 2016, Federal Register entitled, final rule, but rather, we are simply
in the Federal Register and provide a correcting the Federal Register
‘‘Medicare Program; Revisions to period of not less than 60 days for
Payment Policies under the Physician document to reflect the policies that we
public comment. In addition, section previously proposed, received public
Fee Schedule and Other Revisions to 553(d) of the APA and section
Part B for CY 2017; Medicare Advantage comment on, and subsequently finalized
1871(e)(1)(B)(i) of the Act mandate a 30- in the final rule. For these reasons, we
Bid Pricing Data Release; Medicare day delay in effective date after issuance
Advantage and Part D Medical Loss believe there is good cause to waive the
or publication of a rule. Sections requirements for notice and comment
Ratio Data Release; Medicare Advantage 553(b)(B) and 553(d)(3) of the APA
Provider Network Requirements; and delay in effective date.
provide for exceptions from the APA
Expansion of Medicare Diabetes notice and comment, and delay in Dated: March 16, 2017.
Prevention Program Model; Medicare effective date requirements; in cases in Ann C. Agnew,
Shared Savings Program Requirements.’’ which these exceptions apply, sections Executive Secretary to the Department,
DATES: This correcting document is 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Department of Health and Human Services.
effective March 21, 2017 and is Act provide exceptions from the notice [FR Doc. 2017–05675 Filed 3–21–17; 8:45 am]
applicable beginning January 1, 2017. and 60-day comment period and delay BILLING CODE 4120–01–P
FOR FURTHER INFORMATION CONTACT: in effective date requirements of the Act
Jessica Bruton (410) 786–5991. as well. Section 553(b)(B) of the APA
SUPPLEMENTARY INFORMATION: and section 1871(b)(2)(C) of the Act
authorize an agency to dispense with FEDERAL COMMUNICATIONS
I. Background normal notice and comment rulemaking COMMISSION
In the addenda to FR Doc 2016–26668 procedures for good cause if the agency
(81 FR 80170 through 80562), the final makes a finding that the notice and 47 CFR Part 54
rule entitled, ‘‘Medicare Program; comment process is impracticable,
Revisions to Payment Policies under the unnecessary, or contrary to the public
[WC Docket No. 10–90; FCC 16–33, 16–64,
Physician Fee Schedule and Other interest, and includes a statement of the and 16–143]
Revisions to Part B for CY 2017; finding and the reasons for it in the rule.
Medicare Advantage Bid Pricing Data In addition, section 553(d)(3) of the Connect America Fund
Release; Medicare Advantage and Part D APA and section 1871(e)(1)(B)(ii) allow
Medical Loss Ratio Data Release; the agency to avoid the 30-day delay in AGENCY:Federal Communications
Medicare Advantage Provider Network effective date where such delay is Commission.
jstallworth on DSK7TPTVN1PROD with RULES
Requirements; Expansion of Medicare contrary to the public interest and the
Diabetes Prevention Program Model; agency includes in the rule a statement ACTION: Final rule; announcement of
Medicare Shared Savings Program of the finding and the reasons for it. effective date.
Requirements’’ there was a technical In our view, this correcting document
error in an element of the payment does not constitute a rulemaking that SUMMARY: In this document, the Federal
calculation for several services that is would be subject to these requirements. Communications Commission
identified and corrected in this This document merely corrects (Commission) announces that the Office
VerDate Sep<11>2014 16:33 Mar 21, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\22MRR1.SGM 22MRR1](https://thefederalregister.org/doc/82_FR_14693/page/1.svg)
Document Created: 2017-03-22 03:58:58
Document Modified: 2017-03-22 03:58:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correction. | |
| Dates | This correcting document is effective March 21, 2017 and is applicable beginning January 1, 2017. | |
| Contact | Jessica Bruton (410) 786-5991. | |
| FR Citation | 82 FR 14639 | |
| 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 |
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