82 FR 32256 - Medicare and Medicaid Programs; Reform of Requirements for Long-Term Care Facilities
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 82, Issue 133 (July 13, 2017)
Centers for Medicare & Medicaid Services
Federal Register Volume 82, Issue 133 (July 13, 2017)
| Page Range | 32256-32260 | |
| FR Document | 2017-14646 |
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)] [Rules and Regulations] [Pages 32256-32260] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14646] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 405, 409, 431, 447, 482, 483, 485, 488, and 489 [CMS-3260-F2] RIN-0938-AR61 Medicare and Medicaid Programs; Reform of Requirements for Long- Term Care Facilities AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. [[Page 32257]] ACTION: Final rule; correction and correcting amendment. ----------------------------------------------------------------------- SUMMARY: In the October 4, 2016 issue of the Federal Register, we published a final rule revising the requirements that Long-Term Care (LTC) facilities must meet to participate in the Medicare and Medicaid programs. The effective date was November 28, 2016. This document corrects technical and typographical errors identified in the October 4, 2016 final rule. DATES: This document is effective July 13, 2017. FOR FURTHER INFORMATION CONTACT: Ronisha Blackstone, (410) 786-6882. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2016-23503 which appeared in the October 4, 2016 Federal Register (81 FR 68688), entitled ``Reform of Requirements for Long-Term Care Facilities,'' there were technical and typographical errors that are identified and corrected in the Implementation Timeframe table of the preamble and in the regulations text of this document. II. Summary of Errors A. Summary of Errors in the Preamble We inadvertently made technical and typographical errors in the preamble as follows: On page 68725, fourth full paragraph of the second column, we inadvertently referenced proposed Sec. 482.11 instead of proposed Sec. 483.11. On page 68729, second paragraph of the third column, we inadvertently referenced Sec. 482.15(a) instead of Sec. 483.15(a). On page 68736, second full paragraph of the second column, we inadvertently referenced Sec. 482.20(k)(4) instead of Sec. 483.20(k)(4). Under the Implementation Timeframe table we made technical and typographical errors as follows: On page 68696, under Sec. 483.12, we inadvertently referenced the ``Coordination with QAPI Plan'' instead of the ``Coordination with QAPI Program.'' We are correcting this error to clarify that the Coordination with QAPI Program will be implemented in Phase 3. On page 68697, we inadvertently designated existing requirements at Sec. 483.45(e)(1) and (2) to be implemented in the second phase of the implementation schedule. Requirements at Sec. 483.45(e)(1) and (2) are redesignations and do not reflect a change in policy. We indicated in the final rule (81 FR 68696) that the first phase of implementation will include those requirements that were unchanged or received only minor modification. Therefore, we are correcting the exceptions to the Phase 1 implementation deadlines to specify that the requirements at Sec. 483.45(e)(3), (4), and (5) Psychotropic drugs will be implemented in Phase 2. On page 68697, we inadvertently designated existing requirements at Sec. 483.75(g)(2)(i) and (ii) to be implemented in the third phase of the implementation schedule. Requirements at Sec. 483.75(g)(2)(i) and (ii) are redesignations and do not reflect a change in policy. We indicated in the final rule (81 FR 68696) that the first phase of implementation will include those requirements that were unchanged or received only minor modification. Therefore, we are correcting the exceptions to the Phase 3 implementation deadlines under ``Sec. 483.75--Quality assurance and performance improvement'' by replacing the paragraph designation (g)(1) with (g), subparagraph designation (iv) with (g)(1)(iv), and clarifying that (g)(2)(iii) will also be implemented in Phase 3. Also, we are correcting the acronym ``ICPO'' to read ``IP.'' B. Summary of Errors in the Regulations Text On page 68847, we inadvertently omitted a conforming change to revise cross-references to part 483 found in part 409. Sections 409.20 and 409.26 include incorrect cross-references to Sec. 483.75(n). We inadvertently did not update these cross-references. Therefore, we are revising Sec. 409.20 and Sec. 409.26 to correct the cross-reference by replacing Sec. 483.75(n) with Sec. 483.70(j). On page 68847, we made technical errors in the regulations text for Sec. 482.58. We inadvertently used the cross-references from the proposed rule ``Medicare and Medicaid Programs; Reform of Requirements for Long-Term Care Facilities'' (80 FR 42246) rather than the final rule. We are revising Sec. 482.58 to correct the cross-references. As we noted in the proposed rule, the revised citations correspond to cross-references previously set out at Sec. 482.58 and make no substantive policy changes. On page 68848, we made technical errors in the regulations text of Sec. 483.5. We inadvertently omitted a conforming change to revise cross-references in the definitions of ``composite distinct part'' and ``distinct part.'' We are revising the definition of ``composite distinct part'' and the definition for ``distinct part.'' We made no substantive changes. On page 68854, we inadvertently designated a cross-reference at Sec. 483.10(i)(4), and on pages 68856 and 68857, we inadvertently designated cross-references at Sec. 483.15(a) through (d). On page 68856, we made a technical error in the regulations text of Sec. 483.15(c)(2)(iii)(F). We inadvertently omitted the apostrophe from the word ``resident's.'' On page 68863, we made a technical error in the amendatory instruction for Sec. 483.45. We set out the regulatory text for paragraph (c)(5) but inadvertently omitted the instruction to add paragraph (c)(5) as a new paragraph. We are revising Sec. 483.45 by adding an instruction to add paragraph (c)(5). On page 68863, we made a technical error in the regulations text of Sec. 483.50(a)(2)(iii). We inadvertently misspelled the word ``assistance.'' On page 68865, we made a technical error in the amendatory instruction for Sec. 483.70(i), in which we inadvertently omitted the instruction to revise the paragraph heading for paragraph (i). We are inserting this instruction in this final rule. On page 68868, we made a technical error in the regulations text for Sec. 483.75(g)(1)(iv). In the preamble of the final rule (81 FR 68812), we indicated that in Sec. 483.80(b) we were changing our use of ``infection control and prevention officer (ICPO)'' to ``infection preventionist (IP).'' Section 483.75(g)(1)(iv) also uses the term ``infection control and prevention officer.'' We are revising Sec. 483.75(g)(1)(iv) by replacing the phrase ``infection control and prevention officer'' with ``infection preventionist.'' On page 68869, we made a technical error in the regulations text for Sec. 483.85(b). We incorrectly indicated that the operating organization for each facility must have in operation a compliance and ethics program by November 28, 2017. In the final rule (81 FR 68697) we indicated that all the requirements in Sec. 483.85 would be implemented in Phase 3 (November 28, 2019). Therefore, we are revising paragraph Sec. 483.85(b) to accurately indicate that the operating organization for each facility must have in operation a compliance and ethics program by November 28, 2019 and removing the reference to November 28, 2017. On page 68870, we made technical errors in the regulations text for Sec. 483.90. We incorrectly designated paragraph Sec. 483.90(d) as (c), which resulted in the omission of existing requirements at Sec. 483.90(c) in the Code of Federal Regulations (CFR). We are [[Page 32258]] revising Sec. 483.90 to correctly designate the paragraphs in this section and add the omitted requirements. On page 68871, we made a technical error in the amendatory instruction for Sec. 485.635. We incorrectly revised the cross- reference to Sec. 483.25(i) in Sec. 485.635(a)(3)(vii). We are revising Sec. 485.635 to correct the cross-reference by replacing the reference to ``Sec. 483.25(d)(8)'' with ``Sec. 483.25(g.)'' On page 68871, we made technical errors in the regulations text for Sec. 485.645. We inadvertently used the cross-references from the proposed rule ``Medicare and Medicaid Programs; Reform of Requirements for Long-Term Care Facilities (80 FR 42269) rather than the final rule. We are revising Sec. 485.645 to correct the cross-references. As we noted in the proposed rule, the revised citations correspond to cross- references previously set out at Sec. 485.645 and make no substantive policy changes. On page 68871, we made a technical error in the regulations text for Sec. 488.56. Section 488.56(b) and (b)(2) include incorrect cross- references to Sec. 488.75(i). We inadvertently did not update these cross-references. Therefore, we are revising Sec. 488.56 to correct the cross-reference by replacing Sec. 488.75(i) with Sec. 483.70(h). III. Waiver of Proposed Rulemaking and Delay in Effective Date We ordinarily publish a notice of proposed rulemaking in the Federal Register to provide a period for public comment before the provisions of a rule take effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we can waive this notice and comment procedure if the Secretary finds, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the rule. Section 553(d) of the APA ordinarily requires a 30-day delay in effective date of final rules after the date of their publication in the Federal Register. This 30-day delay in effective date can be waived, however, if an agency finds for good cause that the delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. Our revisions to the requirements for Long-Term Care (LTC) facilities found in part 483 subpart B have previously been subjected to notice and comment procedures. These corrections are consistent with the discussion of the policy in the October 2016 final rule and do not make substantive changes to this policy. This correcting amendment merely corrects technical errors in the regulations text of the October 2016 final rule and makes no substantive policy changes. As a result, this correcting amendment is intended to ensure that the October 2016 final rule accurately reflects the policy adopted in the final rule. Therefore, we find that undertaking further notice and comment procedures to incorporate these corrections into the final rule is unnecessary and contrary to the public interest. For the same reasons, we are also waiving the 30-day delay in effective date for this correcting amendment. We believe that it is in the public interest to ensure that the October 2016 final rule accurately reflect our revisions to the requirements for LTC facilities. Delaying the effective date of these corrections would be contrary to the public interest. Therefore, we also find good cause to waive the 30-day delay in effective date. IV. Correction of Errors in the Preamble a. On page 68725, in second column; in the fourth paragraph, line 21 remove ``482.11'' and add in its place ``483.11''. b. On page 68729, in the third column; in the second paragraph, line 11 remove ``482.15(a)'' and add in its place ``483.15(a)''. c. On page 68736, in the second column; in the second paragraph, line 58 remove '' 482.20(k)(4)'' and add in its place ``483.20(k)(4)''. d. On page 68696, in the table under the ``Implementation deadline'' heading, second column, in the second bullet, after the word ``QAPI,'' remove the word ``Plan'' and add ``Program'' in its place. e. On page 68697, in the table under the ``Implementation deadline'' heading, second column-- 1. In the sixth bullet, remove the phrase ``(e) Psychotropic drugs--Implemented in Phase 2'' and add ``(e)(3), (4), and (5) Psychotropic drugs--Implemented in Phase 2'' in its place. 2. In the sixteenth bullet-- A. Remove the reference to ``(g)(1)'' and add ``(g)'' in its place. B. Remove the phrase ``with the exception of subparagraph (iv), the addition of the ICPO, which will be implemented in Phase 3'' and add ``with the exception of aragraphs (g)(1)(iv) (the addition of the IP) and (g)(2)(iii) (regarding the use of QAPI data), which will be implemented in Phase 3''. C. Remove the acronym ``ICPO'' and add ``IP'' in its place. List of Subjects 42 CFR Part 409 Health facilities, Medicare. 42 CFR Part 482 Grant programs--health, Hospitals, Medicaid, Medicare, Reporting and recordkeeping requirements. 42 CFR Part 483 Grant programs--health, Health facilities, Health professions, Health records, Medicaid, Medicare, Nursing homes, Nutrition, Reporting and recordkeeping requirements, Safety. 42 CFR Part 485 Grant programs--health, Health facilities, Medicaid, Medicare, Privacy, Reporting and recordkeeping requirements. 42 CFR Part 488 Administrative practice and procedure, Health facilities, Medicare, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 42 CFR chapter IV as set forth below: PART 409--HOSPITAL INSURANCE BENEFITS 0 1. The authority citation for part 409 continues to read as follows: Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh). Sec. 409.20 [Amended] 0 2. In Sec. 409.20, amend paragraph (a)(6) by removing the cross- reference ``Sec. 483.75(n)'' and adding in its place ``Sec. 483.70(j)''. Sec. 409.26 [Amended] 0 3. In Sec. 409.26, amend paragraph (a)(1) by removing the cross- reference ``Sec. 483.75(n)'' and adding in its place ``Sec. 483.70(j)''. PART 482--CONDITIONS OF PARTICIPATION FOR HOSPITALS 0 4. The authority citation for part 482 continues to read as follows: Authority: Secs. 1102, 1871 and 1881 of the Social Security Act (42 U.S.C. 1302, 1395hh, and 1395rr), unless otherwise noted. 0 5. In Sec. 482.58 revise paragraph (b) to read as follows: Sec. 482.58 Special requirements for hospital providers of long-term care services (``swing-beds'') * * * * * [[Page 32259]] (b) Skilled nursing facility services. The facility is substantially in compliance with the following skilled nursing facility requirements contained in subpart B of part 483 of this chapter. (1) Resident rights (Sec. 483.10(b)(7), (c)(1), (c)(2)(iii), (c)(6), (d), (e)(2), (e)(4), (f)(4)(ii), (f)(4)(iii), (f)(9), (h), (g)(8), (g)(17), and (g)(18) introductory text. (2) Admission, transfer, and discharge rights (Sec. 483.5 definition of transfer and discharge, Sec. 483.15(c)(1), (c)(2)(i), (c)(2)(ii), (c)(3), (c)(4), (c)(5), and (c)(7)). (3) Freedom from abuse, neglect, and exploitation (Sec. 483.12(a)(1), (a)(2), (a)(3)(i), (a)(3)(ii), (a)(4), (b)(1), (b)(2), (c)). (4) Patient activities (Sec. 483.24(c)). (5) Social services (Sec. 483.40(d) and 483.70(p)). (6) Discharge planning (Sec. 483.20(e)). (7) Specialized rehabilitative services (Sec. 483.65). (8) Dental services (Sec. 483.55). PART 483--REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES 0 6. The authority citation for part 483 continues to read as follows: Authority: Secs. 1102, 1128I and 1871 of the Social Security Act (42 U.S.C. 1302, 1320a-7j, 1395hh and 1396r). 0 7. In Sec. 483.5, amend the definition of ``Composite distinct part'' by revising paragraph (2) introductory text and amend the definition of ``Distinct part'' by revising paragraph (1) to read as follows: Sec. 483.5 Definitions. * * * * * Composite distinct part--* * * (2) Requirements. In addition to meeting the requirements of specified in the definition of ``distinct part'' of this section, a composite distinct part must meet all of the following requirements: * * * * * Distinct part--(1) Definition. A distinct part SNF or NF is physically distinguishable from the larger institution or institutional complex that houses it, meets the requirements of this paragraph and of paragraph (2) of this definition, and meets the applicable statutory requirements for SNFs or NFs in sections 1819 or 1919 of the Act, respectively. A distinct part SNF or NF may comprise one or more buildings or designated parts of buildings (that is, wings, wards, or floors) that are: In the same physical area immediately adjacent to the institution's main buildings; other areas and structures that are not strictly contiguous with the main buildings but are located within close proximity to the main buildings; and any other areas that CMS determines on an individual basis, to be part of the institution's campus. A distinct part must include all of the beds within the designated area, and cannot consist of a random collection of individual rooms or beds that are scattered throughout the physical plant. The term ``distinct part'' also includes a composite distinct part that meets the additional requirements specified in the definition of ``composite distinct part'' of this section. * * * * * Sec. 483.10 [Amended] 0 8. In Sec. 483.10, amend paragraph (i)(4) by removing the reference ``Sec. 483.90(d)(2)(iv)'' and adding in its place ``Sec. 483.90(e)(2)(iv)''. Sec. 483.15 [Amended] 0 9. In Sec. 483.15-- 0 a. Amend paragraph (a)(7) by removing the reference ``paragraph (b)(10)'' and adding in its place ``paragraph (c)(9)''. 0 b. Amend paragraph (b)(2) by removing the reference to ``Sec. 483.10(g)(3)'' and adding in its place ``Sec. 483.10(g)(18)(i)''. 0 c. Amend paragraph (c)(2)(ii)(B) by removing the reference ``paragraph (b)(1)(i)(C) or (D)'' and adding in its place ``paragraph (c)(1)(i)(C) or (D)''. 0 d. Amend paragraph (c)(2)(iii)(F) by removing the word ``residents'' and adding in its place ``resident's''. 0 e. Amend paragraph (c)(3)(iii) by removing the reference to ``paragraph (b)(5)'' and adding in its place ``paragraph (c)(5)''. 0 f. Amend paragraph (c)(4)(i) by removing the reference ``paragraphs (b)(4)(ii) and (b)(8)'' and adding in its place ``paragraphs (c)(4)(ii) and (8)''. 0 g. Amend paragraph (c)(4)(ii)(A) by removing the reference to ``paragraph (b)(1)(ii)(C)'' and adding in its place ``paragraph (c)(1)(i)(C)''. 0 h. Amend paragraph (c)(4)(ii)(B) by removing the reference to ``paragraph (b)(1)(ii)(D)'' and adding in its place ``paragraph (c)(1)(i)(D)''. 0 i. Amend paragraph (c)(4)(ii)(C) by removing the reference ``paragraph (b)(1)(ii)(B)'' and adding in its place ``paragraph (c)(1)(i)(B)''. 0 j. Amend paragraph (c)(4)(ii)(D) by removing the reference ``paragraph (b)(1)(ii)(A)'' and adding in its place ``paragraph (c)(1)(i)(A)''. 0 k. Amend paragraph (c)(5) introductory text by removing the reference ``paragraph (b)(3)'' and adding in its place ``paragraph (c)(3)''. 0 l. Amend paragraph (d)(1)(iii) by removing the reference ``paragraph (c)(3)'' and adding in its place ``paragraph (e)(1)''. 0 m. Amend paragraph (d)(1)(iv) by removing the reference ``paragraph (c)(3)'' and adding in its place ``paragraph (e)(1)''. 0 n. Amend paragraph (d)(2) by removing the reference ``paragraph (c)(1)'' and adding in its place ``paragraph (d)(1)''. 0 10. In Sec. 483.45 add paragraph (c)(5) to read as follows: Sec. 483.45 Pharmacy services. * * * * * (c) * * * (5) The facility must develop and maintain policies and procedures for the monthly drug regimen review that include, but are not limited to, time frames for the different steps in the process and steps the pharmacist must take when he or she identifies an irregularity that requires urgent action to protect the resident. * * * * * Sec. 483.50 [Amended] 0 11. In Sec. 483.50, amend paragraph (a)(2)(iii) by removing the word ``asistance'' and adding in its place ``assistance''. 0 12. In Sec. 483.70 revise the heading to paragraph (i) to read as follows: Sec. 483.70 Administration. * * * * * (i) Medical records. * * * * * * * * Sec. 483.75 [Amended] 0 13. In Sec. 483.75, amend paragraph (g)(1)(iv) by removing the phrase ``infection control and prevention officer'' and adding in its place ``infection preventionist''. 0 14. In Sec. 483.85 revise paragraph (b) to read as follows: Sec. 483.85 Compliance and ethics program. * * * * * (b) General rule. Beginning November 28, 2019, the operating organization for each facility must have in operation a compliance and ethics program (as defined in paragraph (a) of this section) that meets the requirements of this section. * * * * * 0 15. In Sec. 483.90 revise paragraph (c) to read as follows: Sec. 483.90 Physical environment. * * * * * (c) Emergency power. (1) An emergency electrical power system must supply power adequate at least for lighting all entrances and exits; [[Page 32260]] equipment to maintain the fire detection, alarm, and extinguishing systems; and life support systems in the event the normal electrical supply is interrupted. (2) When life support systems are used, the facility must provide emergency electrical power with an emergency generator (as defined in NFPA 99, Health Care Facilities) that is located on the premises. * * * * * PART 485--CONDITIONS OF PARTICIPATION: SPECIALIZED PROVIDERS 0 16. The authority citation for part 485 continues to read as follows: Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395(hh)). Sec. 485.635 [Amended] 0 17. In Sec. 485.635, amend paragraph (a)(3)(vii) by removing the reference to ``Sec. 483.25(d)(8)'' and adding in its place ``Sec. 483.25(g)''. 0 18. In Sec. 485.645-- 0 a. Revise paragraph (d)(1). 0 b. Remove paragraph (d)(2). 0 c. Redesignate paragraphs (d)(3) through (10) as paragraphs (d)(2) through (9), respectively. 0 d. Revise newly redesignated paragraphs (d)(2) through (9). The revisions read as follows: Sec. 485.645 Special requirements for CAH providers of long-term care services (``swing-beds'') * * * * * (d) * * * (1) Resident rights (Sec. 483.10(b)(7), (c)(1), (c)(2)(iii), (c)(6), (d), (e)(2), (e)(4), (f)(4)(ii), (f)(4)(iii), (f)(9), (g)(8), (g)(17), (g)(18) introductory text, (h) of this chapter). (2) Admission, transfer, and discharge rights (Sec. 483.5 definition of transfer & discharge, Sec. 483.15(c)(1), (c)(2), (c)(3), (c)(4), (c)(5), (c)(7), (c)(8), and (c)(9) of this chapter). (3) Freedom from abuse, neglect and exploitation (Sec. 483.12(a)(1), (a)(2), (a)(3)(i), (a)(3)(ii), (a)(4), (b)(1), (b)(2), (c)(1), (c)(2), (c)(3), and (c)(4) of this chapter). (4) Patient activities (Sec. 483.24(c) of this chapter), except that the services may be directed either by a qualified professional meeting the requirements of Sec. 483.24(c)(2), or by an individual on the facility staff who is designated as the activities director and who serves in consultation with a therapeutic recreation specialist, occupational therapist, or other professional with experience or education in recreational therapy. (5) Social services (Sec. 483.40(d) and Sec. 483.70(p) of this chapter). (6) Comprehensive assessment, comprehensive care plan, and discharge planning (Sec. 483.20(b), and Sec. 483.21(b) and (c)(2) of this chapter), except that the CAH is not required to use the resident assessment instrument (RAI) specified by the State that is required under Sec. 483.20(b), or to comply with the requirements for frequency, scope, and number of assessments prescribed in Sec. 413.343(b) of this chapter). (7) Specialized rehabilitative services (Sec. 483.65 of this chapter). (8) Dental services (Sec. 483.55 of this chapter). (9) Nutrition (Sec. 483.25(g)(1) and (g)(2) of this chapter). PART 488--SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES 0 19. The authority citation for part 488 continues to read as follows: Authority: Secs. 1102, 1128l, 1864, 1865, 1871 and 1875 of the Social Security Act, unless otherwise noted (42 U.S.C 1302, 1320a- 7j, 1395aa, 1395bb, 1395hh) and 1395ll. Sec. 488.56 [Amended] 0 20. In Sec. 488.56 amend paragraphs (b) introductory text and (b)(2) by removing the reference ``Sec. 488.75(i)'' and adding in its place ``Sec. 483.70(h)''. Dated: June 30, 2017. Thomas E. Price Secretary, Department of Health and Human Services. [FR Doc. 2017-14646 Filed 7-12-17; 8:45 am] BILLING CODE 4120-01-P
![32256 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations
K. How does today’s action affect program without altering the additional requirements beyond those
Indian Country (18 U.S.C. 1151) in relationship or the distribution of power imposed by State law, and there are no
Louisiana? and responsibilities established by anticipated significant adverse human
Louisiana is not authorized to carry RCRA. This action also is not subject to health or environmental effects, the rule
out its Hazardous Waste Program in Executive Order 13045 (62 FR 19885, is not subject to Executive Order 12898.
Indian Country within the State. This April 23, 1997), because it is not The Congressional Review Act, 5
authority remains with EPA. Therefore, economically significant and it does not U.S.C. 801 et seq., as added by the Small
this action has no effect in Indian make decisions based on environmental Business Regulatory Enforcement
Country. health or safety risks. This rule is not Fairness Act of 1996, generally provides
subject to Executive Order 13211, that before a rule may take effect, the
L. What is codification and is the EPA ‘‘Actions Concerning Regulations That agency promulgating the rule must
codifying Louisiana’s hazardous waste Significantly Affect Energy Supply, submit a rule report, which includes a
program as authorized in this rule? Distribution, or Use’’ (66 FR 28355 May copy of the rule to each House of the
Codification is the process of placing 22, 2001), because it is not a significant Congress and to the Comptroller General
the State’s statutes and regulations that regulatory action under Executive Order of the United States. The EPA will
comprise the State’s authorized 12866. submit a report containing this
hazardous waste program into the CFR. Under RCRA 3006(b), the EPA grants document and other required
We do this by referencing the a State’s application for authorization, information to the U.S. Senate, the U.S.
authorized State rules in 40 CFR part as long as the State meets the criteria House of Representatives, and the
272. We reserve the amendment of 40 required by RCRA. It would thus be Comptroller General of the United
CFR part 272 subpart T for this inconsistent with applicable law for the States prior to publication in the
authorization of Louisiana’s program EPA, when it reviews a State Federal Register. A major rule cannot
changes until a later date. In this authorization application, to require the take effect until 60 days after it is
authorization application, the EPA is use of any particular voluntary published in the Federal Register. This
not codifying the rules documented in consensus standard in place of another action is not a ‘‘major rule’’ as defined
this Federal Register notice. standard that otherwise satisfies the by 5 U.S.C. 804(2). This action
requirements of RCRA. Thus, the nevertheless will be effective September
M. Administrative Requirements requirements of section 12(d) of the 11, 2017.
The Office of Management and Budget National Technology Transfer and List of Subjects in 40 CFR Part 271
(OMB) has exempted this action (RCRA Advancement Act of 1995 (15 U.S.C.
State Authorization) from the 272 note) do not apply. As required by Environmental protection,
requirements of Executive Order 12866 section 3 of Executive Order 12988 (61 Administrative practice and procedure,
(58 FR 51735, October 4, 1993) and FR 4729, February 7, 1996), in issuing Confidential business information,
13563 (76 FR 3821, January 21, 2011). this rule, the EPA has taken the Hazardous waste, Hazardous waste
Therefore, this action is not subject to necessary steps to eliminate drafting transportation, Indian lands,
review by OMB. This action authorizes errors and ambiguity, minimize Intergovernmental relations, Penalties,
State requirements for the purpose of potential litigation, and provide a clear Reporting and recordkeeping
RCRA 3006 and imposes no additional legal standard for affected conduct. The requirements.
requirements beyond those imposed by EPA has complied with Executive Order Authority: This action is issued under the
State law. Accordingly, this action will 12630 (53 FR 8859, March 15, 1988) by authority of sections 2002(a), 3006, and
not have a significant economic impact examining the takings implications of 7004(b) of the Solid Waste Disposal Act as
on a substantial number of small entities the rule in accordance with the amended 42 U.S.C. 6912(a), 6926, 6974(b).
under the Regulatory Flexibility Act (5 ‘‘Attorney General’s Supplemental Dated: April 24, 2017.
U.S.C. 601 et seq.). Because this action Guidelines for the Evaluation of Risk Samuel Coleman,
authorizes pre-existing requirements and Avoidance of Unanticipated Acting Regional Administrator, Region 6.
under State law and does not impose Takings’’ issued under the Executive [FR Doc. 2017–14766 Filed 7–12–17; 8:45 am]
any additional enforceable duty beyond Order. This rule does not impose an BILLING CODE 6560–50–P
that required by State law, it does not information collection burden under the
contain any unfunded mandate or provisions of the Paperwork Reduction
significantly or uniquely affect small Act of 1995 (44 U.S.C. 3501 et seq.).
governments, as described in the Executive Order 12898 (59 FR 7629, DEPARTMENT OF HEALTH AND
Unfunded Mandates Reform Act of 1995 February 16, 1994) establishes federal HUMAN SERVICES
(Pub. L. 104–4). For the same reason, executive policy on environmental
this action also does not significantly or justice. It’s main provision directs Centers for Medicare & Medicaid
uniquely affect the communities of federal agencies, to the greatest extent Services
Tribal governments, as specified by practicable and permitted by law, to
Executive Order 13175 (65 FR 67249, make environmental justice part of their 42 CFR Parts 405, 409, 431, 447, 482,
November 9, 2000). This action will not mission by identifying and addressing, 483, 485, 488, and 489
have substantial direct effects on the as appropriate, disproportionately high
States, on the relationship between the and adverse human health or [CMS–3260–F2]
national government and the States, or environmental effects of their programs,
jstallworth on DSK7TPTVN1PROD with RULES
on the distribution of power and policies, and activities on minority RIN–0938–AR61
responsibilities among the various populations and low-income Medicare and Medicaid Programs;
levels of government, as specified in populations in the United States. Reform of Requirements for Long-
Executive Order 13132 (64 FR 43255, Because this rule authorizes pre-existing Term Care Facilities
August 10, 1999), because it merely State rules which are at least equivalent
authorizes State requirements as part of to, and no less stringent than existing AGENCY: Centers for Medicare &
the State RCRA hazardous waste federal requirements, and impose no Medicaid Services (CMS), HHS.
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revising § 483.90 to correctly designate and do not make substantive changes to List of Subjects
the paragraphs in this section and add this policy. This correcting amendment
42 CFR Part 409
the omitted requirements. merely corrects technical errors in the
On page 68871, we made a technical regulations text of the October 2016 Health facilities, Medicare.
error in the amendatory instruction for final rule and makes no substantive 42 CFR Part 482
§ 485.635. We incorrectly revised the policy changes. As a result, this
cross-reference to § 483.25(i) in correcting amendment is intended to Grant programs—health, Hospitals,
§ 485.635(a)(3)(vii). We are revising ensure that the October 2016 final rule Medicaid, Medicare, Reporting and
§ 485.635 to correct the cross-reference accurately reflects the policy adopted in recordkeeping requirements.
by replacing the reference to the final rule. Therefore, we find that 42 CFR Part 483
‘‘§ 483.25(d)(8)’’ with ‘‘§ 483.25(g.)’’ undertaking further notice and comment
On page 68871, we made technical procedures to incorporate these Grant programs—health, Health
errors in the regulations text for corrections into the final rule is facilities, Health professions, Health
§ 485.645. We inadvertently used the unnecessary and contrary to the public records, Medicaid, Medicare, Nursing
cross-references from the proposed rule interest. homes, Nutrition, Reporting and
‘‘Medicare and Medicaid Programs; recordkeeping requirements, Safety.
For the same reasons, we are also
Reform of Requirements for Long-Term
waiving the 30-day delay in effective 42 CFR Part 485
Care Facilities (80 FR 42269) rather than
date for this correcting amendment. We Grant programs—health, Health
the final rule. We are revising § 485.645
believe that it is in the public interest facilities, Medicaid, Medicare, Privacy,
to correct the cross-references. As we
to ensure that the October 2016 final Reporting and recordkeeping
noted in the proposed rule, the revised
citations correspond to cross-references rule accurately reflect our revisions to requirements.
previously set out at § 485.645 and make the requirements for LTC facilities.
Delaying the effective date of these 42 CFR Part 488
no substantive policy changes.
On page 68871, we made a technical corrections would be contrary to the Administrative practice and
error in the regulations text for § 488.56. public interest. Therefore, we also find procedure, Health facilities, Medicare,
Section 488.56(b) and (b)(2) include good cause to waive the 30-day delay in Reporting and recordkeeping
incorrect cross-references to § 488.75(i). effective date. requirements.
We inadvertently did not update these IV. Correction of Errors in the Preamble For the reasons set forth in the
cross-references. Therefore, we are preamble, the Centers for Medicare &
revising § 488.56 to correct the cross- a. On page 68725, in second column; Medicaid Services amends 42 CFR
reference by replacing § 488.75(i) with in the fourth paragraph, line 21 remove chapter IV as set forth below:
§ 483.70(h). ‘‘482.11’’ and add in its place ‘‘483.11’’.
b. On page 68729, in the third PART 409—HOSPITAL INSURANCE
III. Waiver of Proposed Rulemaking BENEFITS
column; in the second paragraph, line
and Delay in Effective Date
11 remove ‘‘482.15(a)’’ and add in its
We ordinarily publish a notice of place ‘‘483.15(a)’’. ■ 1. The authority citation for part 409
proposed rulemaking in the Federal continues to read as follows:
c. On page 68736, in the second
Register to provide a period for public column; in the second paragraph, line Authority: Secs. 1102 and 1871 of the
comment before the provisions of a rule 58 remove ’’ 482.20(k)(4)’’ and add in its Social Security Act (42 U.S.C. 1302 and
take effect in accordance with section place ‘‘483.20(k)(4)’’. 1395hh).
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However, d. On page 68696, in the table under § 409.20 [Amended]
we can waive this notice and comment the ‘‘Implementation deadline’’ heading,
second column, in the second bullet, ■ 2. In § 409.20, amend paragraph (a)(6)
procedure if the Secretary finds, for by removing the cross-reference
good cause, that the notice and after the word ‘‘QAPI,’’ remove the word
‘‘Plan’’ and add ‘‘Program’’ in its place. ‘‘§ 483.75(n)’’ and adding in its place
comment process is impracticable, ‘‘§ 483.70(j)’’.
unnecessary, or contrary to the public e. On page 68697, in the table under
interest, and incorporates a statement of the ‘‘Implementation deadline’’ heading, § 409.26 [Amended]
the finding and the reasons therefore in second column— ■ 3. In § 409.26, amend paragraph (a)(1)
the rule. 1. In the sixth bullet, remove the by removing the cross-reference
Section 553(d) of the APA ordinarily phrase ‘‘(e) Psychotropic drugs— ‘‘§ 483.75(n)’’ and adding in its place
requires a 30-day delay in effective date Implemented in Phase 2’’ and add ‘‘§ 483.70(j)’’.
of final rules after the date of their ‘‘(e)(3), (4), and (5) Psychotropic drugs—
publication in the Federal Register. Implemented in Phase 2’’ in its place. PART 482—CONDITIONS OF
This 30-day delay in effective date can 2. In the sixteenth bullet— PARTICIPATION FOR HOSPITALS
be waived, however, if an agency finds
A. Remove the reference to ‘‘(g)(1)’’ ■ 4. The authority citation for part 482
for good cause that the delay is
and add ‘‘(g)’’ in its place. continues to read as follows:
impracticable, unnecessary, or contrary
to the public interest, and the agency B. Remove the phrase ‘‘with the Authority: Secs. 1102, 1871 and 1881 of
incorporates a statement of the findings exception of subparagraph (iv), the the Social Security Act (42 U.S.C. 1302,
and its reasons in the rule issued. addition of the ICPO, which will be 1395hh, and 1395rr), unless otherwise noted.
jstallworth on DSK7TPTVN1PROD with RULES
Our revisions to the requirements for implemented in Phase 3’’ and add ‘‘with
the exception of aragraphs (g)(1)(iv) (the ■ 5. In § 482.58 revise paragraph (b) to
Long-Term Care (LTC) facilities found read as follows:
in part 483 subpart B have previously addition of the IP) and (g)(2)(iii)
been subjected to notice and comment (regarding the use of QAPI data), which § 482.58 Special requirements for hospital
procedures. These corrections are will be implemented in Phase 3’’. providers of long-term care services
consistent with the discussion of the C. Remove the acronym ‘‘ICPO’’ and (‘‘swing-beds’’)
policy in the October 2016 final rule add ‘‘IP’’ in its place. * * * * *
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![Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations 32259
(b) Skilled nursing facility services. and any other areas that CMS (c)(3)’’ and adding in its place
The facility is substantially in determines on an individual basis, to be ‘‘paragraph (e)(1)’’.
compliance with the following skilled part of the institution’s campus. A ■ m. Amend paragraph (d)(1)(iv) by
nursing facility requirements contained distinct part must include all of the beds removing the reference ‘‘paragraph
in subpart B of part 483 of this chapter. within the designated area, and cannot (c)(3)’’ and adding in its place
(1) Resident rights (§ 483.10(b)(7), consist of a random collection of ‘‘paragraph (e)(1)’’.
(c)(1), (c)(2)(iii), (c)(6), (d), (e)(2), (e)(4), individual rooms or beds that are ■ n. Amend paragraph (d)(2) by
(f)(4)(ii), (f)(4)(iii), (f)(9), (h), (g)(8), scattered throughout the physical plant. removing the reference ‘‘paragraph
(g)(17), and (g)(18) introductory text. The term ‘‘distinct part’’ also includes a (c)(1)’’ and adding in its place
(2) Admission, transfer, and discharge composite distinct part that meets the ‘‘paragraph (d)(1)’’.
rights (§ 483.5 definition of transfer and additional requirements specified in the ■ 10. In § 483.45 add paragraph (c)(5) to
discharge, § 483.15(c)(1), (c)(2)(i), definition of ‘‘composite distinct part’’ read as follows:
(c)(2)(ii), (c)(3), (c)(4), (c)(5), and (c)(7)). of this section.
(3) Freedom from abuse, neglect, and * * * * *
§ 483.45 Pharmacy services.
exploitation (§ 483.12(a)(1), (a)(2), * * * * *
(a)(3)(i), (a)(3)(ii), (a)(4), (b)(1), (b)(2), § 483.10 [Amended] (c) * * *
(c)). ■ 8. In § 483.10, amend paragraph (i)(4) (5) The facility must develop and
(4) Patient activities (§ 483.24(c)). maintain policies and procedures for the
(5) Social services (§ 483.40(d) and by removing the reference
‘‘§ 483.90(d)(2)(iv)’’ and adding in its monthly drug regimen review that
483.70(p)). include, but are not limited to, time
(6) Discharge planning (§ 483.20(e)). place ‘‘§ 483.90(e)(2)(iv)’’.
frames for the different steps in the
(7) Specialized rehabilitative services § 483.15 [Amended] process and steps the pharmacist must
(§ 483.65). take when he or she identifies an
(8) Dental services (§ 483.55). ■ 9. In § 483.15—
■ a. Amend paragraph (a)(7) by irregularity that requires urgent action
PART 483—REQUIREMENTS FOR removing the reference ‘‘paragraph to protect the resident.
STATES AND LONG TERM CARE (b)(10)’’ and adding in its place * * * * *
FACILITIES ‘‘paragraph (c)(9)’’. § 483.50 [Amended]
■ b. Amend paragraph (b)(2) by
■ 6. The authority citation for part 483 removing the reference to ■ 11. In § 483.50, amend paragraph
continues to read as follows: ‘‘§ 483.10(g)(3)’’ and adding in its place (a)(2)(iii) by removing the word
Authority: Secs. 1102, 1128I and 1871 of ‘‘§ 483.10(g)(18)(i)’’. ‘‘asistance’’ and adding in its place
the Social Security Act (42 U.S.C. 1302, ■ c. Amend paragraph (c)(2)(ii)(B) by ‘‘assistance’’.
1320a–7j, 1395hh and 1396r). removing the reference ‘‘paragraph ■ 12. In § 483.70 revise the heading to
■ 7. In § 483.5, amend the definition of (b)(1)(i)(C) or (D)’’ and adding in its paragraph (i) to read as follows:
‘‘Composite distinct part’’ by revising place ‘‘paragraph (c)(1)(i)(C) or (D)’’.
§ 483.70 Administration.
paragraph (2) introductory text and ■ d. Amend paragraph (c)(2)(iii)(F) by
amend the definition of ‘‘Distinct part’’ removing the word ‘‘residents’’ and * * * * *
by revising paragraph (1) to read as adding in its place ‘‘resident’s’’. (i) Medical records. * * *
follows: ■ e. Amend paragraph (c)(3)(iii) by * * * * *
removing the reference to ‘‘paragraph
§ 483.5 Definitions. § 483.75 [Amended]
(b)(5)’’ and adding in its place
* * * * * ‘‘paragraph (c)(5)’’. ■ 13. In § 483.75, amend paragraph
Composite distinct part—* * * ■ f. Amend paragraph (c)(4)(i) by (g)(1)(iv) by removing the phrase
(2) Requirements. In addition to removing the reference ‘‘paragraphs ‘‘infection control and prevention
meeting the requirements of specified in (b)(4)(ii) and (b)(8)’’ and adding in its officer’’ and adding in its place
the definition of ‘‘distinct part’’ of this place ‘‘paragraphs (c)(4)(ii) and (8)’’. ‘‘infection preventionist’’.
section, a composite distinct part must ■ g. Amend paragraph (c)(4)(ii)(A) by ■ 14. In § 483.85 revise paragraph (b) to
meet all of the following requirements: removing the reference to ‘‘paragraph read as follows:
* * * * * (b)(1)(ii)(C)’’ and adding in its place
Distinct part—(1) Definition. A ‘‘paragraph (c)(1)(i)(C)’’. § 483.85 Compliance and ethics program.
distinct part SNF or NF is physically ■ h. Amend paragraph (c)(4)(ii)(B) by * * * * *
distinguishable from the larger removing the reference to ‘‘paragraph (b) General rule. Beginning November
institution or institutional complex that (b)(1)(ii)(D)’’ and adding in its place 28, 2019, the operating organization for
houses it, meets the requirements of this ‘‘paragraph (c)(1)(i)(D)’’. each facility must have in operation a
paragraph and of paragraph (2) of this ■ i. Amend paragraph (c)(4)(ii)(C) by compliance and ethics program (as
definition, and meets the applicable removing the reference ‘‘paragraph defined in paragraph (a) of this section)
statutory requirements for SNFs or NFs (b)(1)(ii)(B)’’ and adding in its place that meets the requirements of this
in sections 1819 or 1919 of the Act, ‘‘paragraph (c)(1)(i)(B)’’. section.
respectively. A distinct part SNF or NF ■ j. Amend paragraph (c)(4)(ii)(D) by * * * * *
may comprise one or more buildings or removing the reference ‘‘paragraph ■ 15. In § 483.90 revise paragraph (c) to
designated parts of buildings (that is, (b)(1)(ii)(A)’’ and adding in its place read as follows:
jstallworth on DSK7TPTVN1PROD with RULES
wings, wards, or floors) that are: In the ‘‘paragraph (c)(1)(i)(A)’’.
same physical area immediately ■ k. Amend paragraph (c)(5) § 483.90 Physical environment.
adjacent to the institution’s main introductory text by removing the * * * * *
buildings; other areas and structures reference ‘‘paragraph (b)(3)’’ and adding (c) Emergency power. (1) An
that are not strictly contiguous with the in its place ‘‘paragraph (c)(3)’’. emergency electrical power system must
main buildings but are located within ■ l. Amend paragraph (d)(1)(iii) by supply power adequate at least for
close proximity to the main buildings; removing the reference ‘‘paragraph lighting all entrances and exits;
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![32260 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations
equipment to maintain the fire (5) Social services (§ 483.40(d) and FOR FURTHER INFORMATION CONTACT:
detection, alarm, and extinguishing § 483.70(p) of this chapter). Gabrielle Kim or Francis Gutierrez,
systems; and life support systems in the (6) Comprehensive assessment, Telecommunications and Analysis
event the normal electrical supply is comprehensive care plan, and discharge Division, International Bureau, FCC,
interrupted. planning (§ 483.20(b), and § 483.21(b) (202) 418–1480 or via email to
(2) When life support systems are and (c)(2) of this chapter), except that Gabrielle.Kim@fcc.gov,
used, the facility must provide the CAH is not required to use the Francis.Gutierrez@fcc.gov.
emergency electrical power with an resident assessment instrument (RAI) SUPPLEMENTARY INFORMATION: This is a
emergency generator (as defined in specified by the State that is required summary of the Commission’s Order on
NFPA 99, Health Care Facilities) that is under § 483.20(b), or to comply with the Reconsideration in GN Docket No. 15–
located on the premises. requirements for frequency, scope, and 236, DA 17–562, adopted and released
* * * * * number of assessments prescribed in on June 8, 2017. The full text of the
§ 413.343(b) of this chapter). Order on Reconsideration is available
PART 485—CONDITIONS OF (7) Specialized rehabilitative services for inspection and copying during
PARTICIPATION: SPECIALIZED (§ 483.65 of this chapter). normal business hours in the FCC
PROVIDERS (8) Dental services (§ 483.55 of this
Reference Center, 445 12th Street SW.,
chapter).
■ 16. The authority citation for part 485 (9) Nutrition (§ 483.25(g)(1) and (g)(2) Room CY–A257, Washington, DC 20554.
continues to read as follows: of this chapter). To request materials in accessible
formats for people with disabilities,
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and PART 488—SURVEY, CERTIFICATION, send an email to FCC504@fcc.gov or call
1395(hh)). AND ENFORCEMENT PROCEDURES the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
§ 485.635 [Amended] ■ 19. The authority citation for part 488 418–0432 (TTY). The document also is
■ 17. In § 485.635, amend paragraph continues to read as follows: available for download over the Internet
(a)(3)(vii) by removing the reference to Authority: Secs. 1102, 1128l, 1864, 1865, at http://transition.fcc.gov/Daily_
‘‘§ 483.25(d)(8)’’ and adding in its place 1871 and 1875 of the Social Security Act, Releases/Daily_Business/2017/db0608/
‘‘§ 483.25(g)’’. unless otherwise noted (42 U.S.C 1302, DA-17-562A1.pdf.
■ 18. In § 485.645— 1320a–7j, 1395aa, 1395bb, 1395hh) and
1395ll. Synopsis
■ a. Revise paragraph (d)(1).
■ b. Remove paragraph (d)(2). 1. In the 2016 Foreign Ownership
§ 488.56 [Amended]
■ c. Redesignate paragraphs (d)(3) Report and Order, 81 FR 86586, the
through (10) as paragraphs (d)(2) ■ 20. In § 488.56 amend paragraphs (b) Commission modified the foreign
through (9), respectively. introductory text and (b)(2) by removing ownership filing and review process for
■ d. Revise newly redesignated the reference ‘‘§ 488.75(i)’’ and adding broadcast licensees by extending the
paragraphs (d)(2) through (9). in its place ‘‘§ 483.70(h)’’. streamlined procedures developed for
The revisions read as follows: Dated: June 30, 2017. foreign ownership reviews for common
Thomas E. Price carrier and certain aeronautical
§ 485.645 Special requirements for CAH
providers of long-term care services Secretary, Department of Health and Human licensees under section 310(b)(4) of the
(‘‘swing-beds’’) Services. Communications Act of 1934, as
amended (the ‘‘Act’’), to the broadcast
* * * * * [FR Doc. 2017–14646 Filed 7–12–17; 8:45 am]
(d) * * * context with certain limited exceptions.
BILLING CODE 4120–01–P
(1) Resident rights (§ 483.10(b)(7), The Commission also reformed the
(c)(1), (c)(2)(iii), (c)(6), (d), (e)(2), (e)(4), methodology used by both common
(f)(4)(ii), (f)(4)(iii), (f)(9), (g)(8), (g)(17), carrier and broadcast licensees that are,
FEDERAL COMMUNICATIONS
(g)(18) introductory text, (h) of this or are controlled by, U.S. public
COMMISSION
chapter). companies to assess compliance with
(2) Admission, transfer, and discharge 47 CFR Parts 1, 25, 73, and 74 the foreign ownership restrictions in
rights (§ 483.5 definition of transfer & section 310(b)(3) and 310(b)(4) of the
[GN Docket No. 15–236; DA 17–562] Act, respectively. In response, a petition
discharge, § 483.15(c)(1), (c)(2), (c)(3),
(c)(4), (c)(5), (c)(7), (c)(8), and (c)(9) of for reconsideration (Petition) was filed
Review of Foreign Ownership Policies by William J. Kirsch (Petitioner)
this chapter). for Broadcast, Common Carrier and
(3) Freedom from abuse, neglect and asserting that the Commission did not
Aeronautical Radio Licensees address the concerns he had raised
exploitation (§ 483.12(a)(1), (a)(2),
(a)(3)(i), (a)(3)(ii), (a)(4), (b)(1), (b)(2), AGENCY: Federal Communications earlier in the proceeding in response to
(c)(1), (c)(2), (c)(3), and (c)(4) of this Commission. the 2015 Foreign Ownership NPRM, 80
chapter). ACTION: Final rule; dismissal of petition FR 68815.
(4) Patient activities (§ 483.24(c) of for reconsideration. 2. The Order on Reconsideration
this chapter), except that the services dismisses the Petition because it does
may be directed either by a qualified SUMMARY: In this Order on not meet the requirements of section
professional meeting the requirements Reconsideration, the Federal 1.429 of the Commission’s rules and
of § 483.24(c)(2), or by an individual on Communications Commission plainly does not warrant consideration
jstallworth on DSK7TPTVN1PROD with RULES
the facility staff who is designated as the (Commission) dismisses a petition for by the Commission. More specifically,
activities director and who serves in reconsideration filed in this rulemaking the Petition fails to state with
consultation with a therapeutic proceeding by William J. Kirsch. This particularity the respects in which the
recreation specialist, occupational action was taken on delegated authority Petitioner believes the action taken by
therapist, or other professional with jointly by the Acting Chief, International the Commission in the 2016 Foreign
experience or education in recreational Bureau, and the Chief, Media Bureau. Ownership Report and Order should be
therapy. DATES: July 13, 2017. changed; relies on arguments that the
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Document Created: 2017-07-13 01:00:54
Document Modified: 2017-07-13 01:00:54
| 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 and correcting amendment. | |
| Dates | This document is effective July 13, 2017. | |
| Contact | Ronisha Blackstone, (410) 786-6882. | |
| FR Citation | 82 FR 32256 | |
| CFR Citation | 42
CFR
405 42 CFR 409 42 CFR 431 42 CFR 447 42 CFR 482 42 CFR 483 42 CFR 485 42 CFR 488 42 CFR 489 | |
| CFR Associated | Health Facilities; Medicare; Grant Programs-Health; Hospitals; Medicaid; Reporting and Recordkeeping Requirements; Health Professions; Health Records; Nursing Homes; Nutrition; Safety; Privacy and Administrative Practice and Procedure |
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