82 FR 46181 - Medicare Program; Establishment of Special Payment Provisions and Requirements for Qualified Practitioners and Qualified Suppliers of Prosthetics and Custom-Fabricated Orthotics; Withdrawal
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 82, Issue 191 (October 4, 2017)
Centers for Medicare & Medicaid Services
Federal Register Volume 82, Issue 191 (October 4, 2017)
| Page Range | 46181-46182 | |
| FR Document | 2017-21425 |
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)] [Proposed Rules] [Pages 46181-46182] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21425] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 424 [CMS-6012-WN] RIN 0938-AR84 Medicare Program; Establishment of Special Payment Provisions and Requirements for Qualified Practitioners and Qualified Suppliers of Prosthetics and Custom-Fabricated Orthotics; Withdrawal AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Withdrawal of proposed rule. ----------------------------------------------------------------------- SUMMARY: This document withdraws a proposed rule that was published in the Federal Register on January 12, 2017. The proposed rule specified the qualifications needed for qualified practitioners to furnish and fabricate, and qualified suppliers to fabricate prosthetics and custom- fabricated orthotics; accreditation requirements that qualified suppliers must meet in order to bill for prosthetics and custom fabricated orthotics; requirements that an organization must meet in order to accredit qualified suppliers to bill for prosthetics and custom-fabricated orthotics; and a timeframe by which qualified practitioners and qualified suppliers must meet the applicable licensure, certification, and accreditation requirements. In addition, the proposed rule removed the current exemption from accreditation and quality standards for certain practitioners and suppliers. DATES: As of October 4, 2017, the proposed rule published January 12, 2017, at 82 FR 3678, is withdrawn. FOR FURTHER INFORMATION CONTACT: John Spiegel, (410) 786-1909. SUPPLEMENTARY INFORMATION: In the January 12, 2017 Federal Register (82 FR 3678), we published a proposed rule titled, ``Medicare Program; Establishment of Special Payment Provisions and Requirements for Qualified Practitioners and Qualified Suppliers of Prosthetics and Custom Fabricated Orthotics'' to ensure that only those who are qualified to do so can furnish, fabricate, and bill for the prosthetics and custom-fabricated orthotics addressed by the proposed rule. We received over 5,000 public comments in response to the January 12, 2017 proposed rule. In light of the cost and time burdens that the proposed rule would create for many providers and suppliers, particularly the cost and burden for those providers and suppliers that are small businesses, and the complexity of the issues raised in the detailed public comments received, we are withdrawing the January 12, 2017 proposed rule in order to assure agency flexibility in re-examining the issues and exploring options and alternatives with stakeholders. Accordingly, the proposed rule published January 12, 2017, at 82 FR 3678, is withdrawn. [[Page 46182]] Dated: July 21, 2017. Demetrios L. Kouzoukas, Principal Deputy Administrator and Director, Center for Medicare. Approved: September 7, 2017. Thomas E. Price, Secretary, Department of Health and Human Services. [FR Doc. 2017-21425 Filed 10-3-17; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules 46181
DEPARTMENT OF HEALTH AND Following the Supreme Court’s opinion Federal Register on January 12, 2017.
HUMAN SERVICES in Windsor, the Federal government was The proposed rule specified the
permitted to recognize the validity of qualifications needed for qualified
Centers for Medicare & Medicaid same-sex marriages when administering practitioners to furnish and fabricate,
Services Federal statutes and programs. and qualified suppliers to fabricate
The December 2014 rulemaking prosthetics and custom-fabricated
[CMS–3302–WN]
proposed to revise certain conditions of orthotics; accreditation requirements
42 CFR Part 416, 418, 482, 483, and 485 participation (CoPs), conditions for that qualified suppliers must meet in
coverage (CfCs), and requirements for order to bill for prosthetics and custom
Medicare and Medicaid Programs; certain Medicare- and Medicaid- fabricated orthotics; requirements that
Revisions to Certain Patient’s Rights participating facilities to ensure that the
an organization must meet in order to
Conditions for Participation and requirements at issue were consistent
accredit qualified suppliers to bill for
Conditions for Coverage; Withdrawal with the Windsor decision. We received
97 public comments in response to the prosthetics and custom-fabricated
AGENCY: Centers for Medicare & December 2014 proposed rule. orthotics; and a timeframe by which
Medicaid Services (CMS), HHS. Following publication of the proposed qualified practitioners and qualified
ACTION: Withdrawal of proposed rule. rule, on June 26, 2015 in Obergefell v. suppliers must meet the applicable
Hodges, (135 S. Ct. 2584 (2015)), the licensure, certification, and
SUMMARY: This document withdraws a Supreme Court held that the Due accreditation requirements. In addition,
proposed rule that was published in the Process and Equal Protection clauses of the proposed rule removed the current
Federal Register on December 12, 2014. the Fourteenth Amendment requires a exemption from accreditation and
This proposed rule would revise the state to license a marriage between two quality standards for certain
applicable conditions of participation people of the same sex, and to recognize practitioners and suppliers.
for certain providers, conditions for same-sex marriages lawfully performed
coverage for certain suppliers, and DATES: As of October 4, 2017, the
in other States. In light of the Obergefell
requirements for long-term care proposed rule published January 12,
decision, we have decided to withdraw
facilities, to ensure that the 2017, at 82 FR 3678, is withdrawn.
the December 2014 proposed rule. We
requirements are consistent with the believe that the Obergefell decision has FOR FURTHER INFORMATION CONTACT: John
Supreme Court decision in United addressed many of the concerns raised Spiegel, (410) 786–1909.
States v. Windsor (570 U.S.12, 133 S. Ct. in the December 2014 proposed rule.
2675 (2013)), and HHS policy. Accordingly, the proposed rule SUPPLEMENTARY INFORMATION: In the
Specifically, it proposed to revise published December 12, 2014, at 79 FR January 12, 2017 Federal Register (82
certain definitions and patient’s rights 73873, is withdrawn. FR 3678), we published a proposed rule
provisions that currently defer to state titled, ‘‘Medicare Program;
Dated: August 24, 2017.
law, in order to ensure that same-sex Establishment of Special Payment
spouses are recognized and afforded Seema Verma,
Provisions and Requirements for
equal rights in certain Medicare and Administrator, Centers for Medicare &
Medicaid Services.
Qualified Practitioners and Qualified
Medicaid-participating facilities. Suppliers of Prosthetics and Custom
Approved: September 7, 2017.
DATES: As of October 4, 2017, the Fabricated Orthotics’’ to ensure that
Thomas E. Price,
proposed rule published December 12, only those who are qualified to do so
2014, at 79 FR 73873, is withdrawn. Secretary, Department of Health and Human
can furnish, fabricate, and bill for the
Services.
FOR FURTHER INFORMATION CONTACT: prosthetics and custom-fabricated
[FR Doc. 2017–21419 Filed 10–3–17; 8:45 am]
Ronisha Blackstone, 410–786–6882. orthotics addressed by the proposed
BILLING CODE 4120–01–P
SUPPLEMENTARY INFORMATION: On rule.
December 12, 2014, we published a We received over 5,000 public
proposed rule in the Federal Register DEPARTMENT OF HEALTH AND comments in response to the January 12,
entitled, ‘‘Medicare and Medicaid HUMAN SERVICES 2017 proposed rule.
Program; Revisions to Certain Patient’s
Rights Conditions of Participation and In light of the cost and time burdens
Centers for Medicare & Medicaid
Conditions for Coverage’’ (79 FR 73873). Services that the proposed rule would create for
In United States v. Windsor, 570 U.S.12, many providers and suppliers,
133 S. Ct. 2675 (2013), the Supreme 42 CFR Part 424 particularly the cost and burden for
Court held that section 3 of the Defense those providers and suppliers that are
[CMS–6012–WN] small businesses, and the complexity of
of Marriage Act (DOMA) was
unconstitutional because it violated the RIN 0938–AR84 the issues raised in the detailed public
Fifth Amendment (See Windsor, 133 S. comments received, we are withdrawing
Ct. 2675, 2695). Section 3 of DOMA Medicare Program; Establishment of the January 12, 2017 proposed rule in
provided that in determining the Special Payment Provisions and order to assure agency flexibility in re-
meaning of any Act of the Congress, or Requirements for Qualified examining the issues and exploring
of any ruling, regulation, or Practitioners and Qualified Suppliers options and alternatives with
sradovich on DSK3GMQ082PROD with PROPOSALS
interpretation of the various of Prosthetics and Custom-Fabricated stakeholders.
administrative bureaus and agencies of Orthotics; Withdrawal
Accordingly, the proposed rule
the United States, the word ‘‘marriage’’ AGENCY: Centers for Medicare & published January 12, 2017, at 82 FR
meant only a legal union between one Medicaid Services (CMS), HHS. 3678, is withdrawn.
man and one woman as husband and ACTION: Withdrawal of proposed rule.
wife, and the word ‘‘spouse’’ could refer
only to a person of the opposite sex who SUMMARY: This document withdraws a
was a husband or a wife (1 U.S.C. 7). proposed rule that was published in the
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![46182 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules
Dated: July 21, 2017. 2016 (no earlier than 60 days after the Secretary of Health and Human Services
Demetrios L. Kouzoukas, rule was finalized), and phase II would (the Secretary) under the Health
Principal Deputy Administrator and Director, begin no sooner than January 1, 2017. Insurance Portability and
Center for Medicare. The proposed goal was to have both Accountability Act of 1996 (HIPAA).
Approved: September 7, 2017. phases of the model in full operation This proposed rule would have also
Thomas E. Price, during the last 3 years of the proposed established penalty fees for a CHP that
Secretary, Department of Health and Human 5-year duration to fully evaluate failed to comply with the certification of
Services. changes and collect sufficient data. compliance requirements.
[FR Doc. 2017–21425 Filed 10–3–17; 8:45 am] We received 1,350 timely public
comments in response to the March 11, DATES: As of October 4, 2017, the
BILLING CODE 4120–01–P
2016, proposed rule. Some commenters proposed rule published January 2,
signaled their support for the proposed 2014, at 79 FR 298, is withdrawn.
DEPARTMENT OF HEALTH AND rule, however, a number of commenters FOR FURTHER INFORMATION CONTACT:
HUMAN SERVICES expressed concerns about the proposed Geanelle G. Herring, (410) 786–4466.
model. As we worked to address these
Centers for Medicare & Medicaid concerns, the complexity of the issues SUPPLEMENTARY INFORMATION: In the
Services related to the proposed model design January 2, 2014, Federal Register (79 FR
and the desire to increase stakeholder 298), we published the proposed rule
42 CFR Part 511 input led us to the decision to withdraw titled ‘‘Administrative Simplification:
the March 11, 2016 proposed rule. Certification of Compliance for Health
[CMS–1670–WN] Plans’’ which would have required
Moving forward, we want to ensure
RIN 0938–AS85 agency flexibility in re-examining these controlling health plans (CHPs) to
important issues and exploring new submit certain information and
Medicare Program; Part B Drug options and alternatives with documentation that demonstrated
Payment Model; Withdrawal stakeholders as we develop potential compliance with the standards and
payment models that support innovative operating rules adopted under the
AGENCY: Centers for Medicare &
approaches to improve quality, Health Insurance Portability and
Medicaid Services (CMS), HHS.
accessibility, and affordability, reduce Accountability Act of 1996 (HIPAA) for
ACTION: Withdrawal of proposed rule. three electronic transactions: Eligibility
Medicare program expenditures, and
SUMMARY: This document withdraws a empower patients and doctors to make for a health plan, health care claim
proposed rule that was published in the decisions about their health care. status, and health care electronic funds
Federal Register on March 11, 2016. Accordingly, the proposed rule transfers (EFT) and remittance advice.
The proposed rule discussed our published March 11, 2016, at 81 FR The proposed rule would have also
proposal to implement a new Medicare 13230, is withdrawn. established penalty fees for a CHP that
payment model under section 1115A of failed to comply with the certification of
Dated: July 17, 2017. compliance requirements.
the Social Security Act (the Act).
Seema Verma,
DATES: As of October 4, 2017, the We received approximately 72 public
Administrator, Centers for Medicare &
proposed rule published March 11, Medicaid Services.
comments in response to the January 2,
2016, at 81 FR 13230, is withdrawn. 2014 proposed rule. In light of the
Dated: August 25, 2017.
FOR FURTHER INFORMATION CONTACT: issues raised in the public comments
Thomas E. Price, received, we have decided to withdraw
Rasheeda Johnson, (410) 786–3434.
Secretary, Department of Health and Human the January 2014 proposed rule in order
SUPPLEMENTARY INFORMATION: On March Services.
11, 2016, we published a proposed rule to re-examine the issues and explore
[FR Doc. 2017–21420 Filed 10–3–17; 8:45 am] options and alternatives to comply with
in the Federal Register entitled
‘‘Medicare Program; Part B Drug
BILLING CODE 4120–01–P the statutory requirements. We note that
Payment Model’’ (81 FR 13230). The the Secretary has established regulations
rule proposed the Part B Drug Payment pertaining to compliance with, and
Model as a two-phase model that would DEPARTMENT OF HEALTH AND enforcement of, HIPAA Administrative
test whether alternative drug payment HUMAN SERVICES Simplification standards and operating
designs will lead to a reduction in rules. The withdrawal of this proposed
Office of the Secretary rule does not remove the requirements
Medicare expenditures, while
preserving or enhancing the quality of for covered entities to comply with any
45 CFR Parts 160 and 162 of those regulations codified at 45 CFR
care provided to Medicare beneficiaries.
In the first phase, CMS would test a [CMS–0037–WN] parts 160 and 162.
change to the 6 percent add-on to Accordingly, the proposed rule
Average Sales Price (ASP) that is used Administrative Simplification: published January 2, 2014, at 79 FR 298,
to make drug payments under Part B Certification of Compliance for Health is withdrawn.
such that the add-on would be 2.5 Plans; Withdrawal
Dated: August 18, 2017.
percent plus a flat fee (in a budget AGENCY: Office of the Secretary, HHS. Seema Verma,
neutral manner). In the second phase,
sradovich on DSK3GMQ082PROD with PROPOSALS
ACTION: Withdrawal of proposed rule. Administrator, Centers for Medicare &
we would implement a collection of
Medicaid Services.
value-based purchasing tools similar to SUMMARY: This document withdraws the
those employed by commercial health January 2, 2014, proposed rule that Dated: August 30, 2017.
plans, pharmacy benefit managers, would have required a controlling Thomas E. Price,
hospitals, and other entities that manage health plan (CHP) to submit information Secretary, Department of Health and Human
health benefits and drug utilization. We and documentation demonstrating that Services.
proposed to operate the model for 5 it is compliant with certain standards [FR Doc. 2017–21424 Filed 10–3–17; 8:45 am]
years; phase I would begin in the fall of and operating rules adopted by the BILLING CODE 4120–01–P
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Document Created: 2018-10-25 09:56:05
Document Modified: 2018-10-25 09:56:05
| 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 | Proposed Rules | |
| Action | Withdrawal of proposed rule. | |
| Dates | As of October 4, 2017, the proposed rule published January 12, 2017, at 82 FR 3678, is withdrawn. | |
| Contact | John Spiegel, (410) 786-1909. | |
| FR Citation | 82 FR 46181 | |
| RIN Number | 0938-AR84 |
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