83_FR_52660 83 FR 52459 - Medicare Program; CY 2019 Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts

83 FR 52459 - Medicare Program; CY 2019 Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts

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

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range52459-52462
FR Document2018-22526

This notice announces the inpatient hospital deductible and the hospital and extended care services coinsurance amounts for services furnished in calendar year (CY) 2019 under Medicare's Hospital Insurance Program (Medicare Part A). The Medicare statute specifies the formulae used to determine these amounts. For CY 2019, the inpatient hospital deductible will be $1,364. The daily coinsurance amounts for CY 2019 will be: $341 for the 61st through 90th day of hospitalization in a benefit period; $682 for lifetime reserve days; and $170.50 for the 21st through 100th day of extended care services in a skilled nursing facility in a benefit period.

Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52459-52462]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22526]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-8068-N]
RIN 0938-AT33


Medicare Program; CY 2019 Inpatient Hospital Deductible and 
Hospital and Extended Care Services Coinsurance Amounts

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

ACTION: Notice.

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

SUMMARY: This notice announces the inpatient hospital deductible and 
the hospital and extended care services coinsurance amounts for 
services furnished in calendar year (CY) 2019 under Medicare's Hospital 
Insurance Program (Medicare Part A). The Medicare statute specifies the 
formulae used to determine these amounts. For CY 2019, the inpatient 
hospital deductible will be $1,364. The daily coinsurance amounts for 
CY 2019 will be: $341 for the 61st through 90th day of hospitalization 
in a benefit period; $682 for lifetime reserve days; and $170.50 for 
the 21st through 100th day of extended care services in a skilled 
nursing facility in a benefit period.

DATES: Effective Date: This notice is effective on January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Yaminee Thaker, (410) 786-7921 for 
general information. Gregory J. Savord, (410) 786-1521 for case-mix 
analysis.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 1813 of the Social Security Act (the Act) provides for an 
inpatient hospital deductible to be subtracted from the amount payable 
by Medicare for inpatient hospital services furnished to a beneficiary. 
It also provides for certain coinsurance amounts to be subtracted from 
the amounts payable by Medicare for inpatient hospital and extended 
care services. Section 1813(b)(2) of the Act requires the Secretary of 
the Department of Health and Human Services (the Secretary) to 
determine and publish each year the amount of the inpatient hospital 
deductible and the hospital and

[[Page 52460]]

extended care services coinsurance amounts applicable for services 
furnished in the following calendar year (CY).

II. Computing the Inpatient Hospital Deductible for CY 2019

    Section 1813(b) of the Act prescribes the method for computing the 
amount of the inpatient hospital deductible. The inpatient hospital 
deductible is an amount equal to the inpatient hospital deductible for 
the preceding CY, adjusted by our best estimate of the payment-weighted 
average of the applicable percentage increases (as defined in section 
1886(b)(3)(B) of the Act) used for updating the payment rates to 
hospitals for discharges in the fiscal year (FY) that begins on October 
1 of the same preceding CY, and adjusted to reflect changes in real 
case-mix. The adjustment to reflect real case-mix is determined on the 
basis of the most recent case-mix data available. The amount determined 
under this formula is rounded to the nearest multiple of $4 (or, if 
midway between two multiples of $4, to the next higher multiple of $4).
    Under section 1886(b)(3)(B)(i)(XX) of the Act, the percentage 
increase used to update the payment rates for FY 2019 for hospitals 
paid under the inpatient prospective payment system is the market 
basket percentage increase, otherwise known as the market basket 
update, reduced by 0.75 percentage points (see section 
1886(b)(3)(B)(xii)(V) of the Act), and an adjustment based on changes 
in the economy-wide productivity (the multifactor productivity (MFP) 
adjustment) (see section 1886(b)(3)(B)(xi)(II) of the Act). Under 
section 1886(b)(3)(B)(viii) of the Act, for FY 2019, the applicable 
percentage increase for hospitals that do not submit quality data as 
specified by the Secretary is reduced by one quarter of the market 
basket update. We are estimating that after accounting for those 
hospitals receiving the lower market basket update in the payment-
weighted average update, the calculated deductible will not be 
affected, since the majority of hospitals submit quality data and 
receive the full market basket update. Section 1886(b)(3)(B)(ix) of the 
Act requires that any hospital that is not a meaningful electronic 
health record (EHR) user (as defined in section 1886(n)(3) of the Act) 
will have three-quarters of the market basket update reduced by 100 
percent for FY 2017 and each subsequent fiscal year. We are estimating 
that after accounting for these hospitals receiving the lower market 
basket update, the calculated deductible will not be affected, since 
the majority of hospitals are meaningful EHR users and are expected to 
receive the full market basket update.
    Under section 1886 of the Act, the percentage increase used to 
update the payment rates for FY 2019 for hospitals excluded from the 
inpatient prospective payment system is as follows:
     The percentage increase for long term care hospitals is 
the market basket percentage increase reduced by 0.75 percentage points 
and the MFP adjustment (see sections 1886(m)(3)(A) and 1886(m)(4)(F) of 
the Act). In addition, these hospitals may also be impacted by the 
quality reporting adjustments and the site-neutral payment rates (see 
sections 1886(m)(5) and 1886(m)(6) of the Act).
     The percentage increase for inpatient rehabilitation 
facilities is the market basket percentage increase reduced by a 
productivity adjustment in accordance with section 1886(j)(3)(C)(ii)(I) 
of the Act, and further reduced by 0.75 percentage points in accordance 
with sections 1886(j)(3)(C)(ii)(II) and 1886(j)(3)(D)(v) of the Act. In 
addition, these hospitals may also be impacted by the quality reporting 
adjustments (see section 1886(j)(7)of the Act).
     The percentage increase used to update the payment rate 
for inpatient psychiatric facilities is the market basket percentage 
increase reduced by 0.75 percentage points and the MFP adjustment (see 
sections 1886(s)(2)(A)(i), 1886(s)(2)(A)(ii), and 1886(s)(3)(E) of the 
Act). In addition, these hospitals may also be impacted by the quality 
reporting adjustments (see section 1886(s)(4) of the Act).
     The percentage increase for other types of hospitals 
excluded from the inpatient prospective payment system (for example, 
cancer hospitals, children's hospitals, and hospitals located outside 
the 50 States, the District of Columbia, and Puerto Rico) is the market 
basket percentage increase (see section 1886(b)(3)(B)(ii)(VIII) of the 
Act).
    The Inpatient Prospective Payment System market basket percentage 
increase for FY 2019 is 2.9 percent and the MFP adjustment is 0.8 
percentage point, as announced in the final rule that appeared in the 
Federal Register on August 17, 2018 entitled, ``Hospital Inpatient 
Prospective Payment System for Acute Care Hospitals and the Long-Term 
Care Hospital Prospective Payment System and Fiscal Year 2019 Rates'' 
(83 FR 41144). Therefore, the percentage increase for hospitals paid 
under the inpatient prospective payment system that submit quality data 
and are meaningful EHR users is 1.35 percent (that is, the FY 2019 
market basket update of 2.9 percent less the MFP adjustment of 0.8 
percentage point and less 0.75 percentage point). The average payment 
percentage increase for hospitals excluded from the inpatient 
prospective payment system is 1.62 percent. This average includes long 
term care hospitals, inpatient rehabilitation facilities, and other 
hospitals excluded from the inpatient prospective payment system. 
Weighting these percentages in accordance with payment volume, our best 
estimate of the payment-weighted average of the increases in the 
payment rates for FY 2019 is 1.39 percent.
    To develop the adjustment to reflect changes in real case-mix, we 
first calculated an average case-mix for each hospital that reflects 
the relative costliness of that hospital's mix of cases compared to 
those of other hospitals. We then computed the change in average case-
mix for hospitals paid under the Medicare inpatient prospective payment 
system in FY 2018 compared to FY 2017. (We excluded from this 
calculation hospitals whose payments are not based on the inpatient 
prospective payment system because their payments are based on 
alternate prospective payment systems or reasonable costs.) We used 
Medicare bills from prospective payment hospitals that we received as 
of July 2018. These bills represent a total of about 7.3 million 
Medicare discharges for FY 2018 and provide the most recent case-mix 
data available at this time. Based on these bills, the change in 
average case-mix in FY 2018 is 1.33 percent. Based on these bills and 
past experience, we expect the overall case mix change to be 1.8 
percent as the year progresses and more FY 2018 data become available.
    Section 1813 of the Act requires that the inpatient hospital 
deductible be adjusted only by that portion of the case-mix change that 
is determined to be real. Real case-mix is that portion of case-mix 
that is due to changes in the mix of cases in the hospital and not due 
to coding optimization. Over the past several years, we have observed 
total case mix increases of about 0.5 percent per year and have assumed 
that they are real. Thus, since we do not have further information at 
this time, we expect that 0.5 percent of the 1.8 percent change in 
average case-mix for FY 2018 will be real.
    Thus as stated above, the estimate of the payment-weighted average 
of the applicable percentage increases used for updating the payment 
rates is 1.39 percent, and the real case-mix adjustment factor for the 
deductible is 0.5 percent. Therefore, using the statutory formula as 
stated in section

[[Page 52461]]

1813(b) of the Act, we calculate the inpatient hospital deductible for 
services furnished in CY 2019 to be $1,364. This deductible amount is 
determined by multiplying $1,340 (the inpatient hospital deductible for 
CY 2018 (82 FR 55367)) by the payment-weighted average increase in the 
payment rates of 1.0139 multiplied by the increase in real case-mix of 
1.005, which equals $1,365.42 and is rounded to $1,364.

III. Computing the Inpatient Hospital and Extended Care Services 
Coinsurance Amounts for CY 2019

    The coinsurance amounts provided for in section 1813 of the Act are 
defined as fixed percentages of the inpatient hospital deductible for 
services furnished in the same CY. The increase in the deductible 
generates increases in the coinsurance amounts. For inpatient hospital 
and extended care services furnished in CY 2019, in accordance with the 
fixed percentages defined in the law, the daily coinsurance for the 
61st through 90th day of hospitalization in a benefit period will be 
$341 (one-fourth of the inpatient hospital deductible as stated in 
section 1813(a)(1)(A) of the Act); the daily coinsurance for lifetime 
reserve days will be $682 (one-half of the inpatient hospital 
deductible as stated in section 1813(a)(1)(B) of the Act); and the 
daily coinsurance for the 21st through 100th day of extended care 
services in a skilled nursing facility (SNF) in a benefit period will 
be $170.50 (one-eighth of the inpatient hospital deductible as stated 
in section 1813(a)(3) of the Act).

IV. Cost to Medicare Beneficiaries

    The Table below summarizes the deductible and coinsurance amounts 
for CYs 2018 and 2019, as well as the number of each that is estimated 
to be paid.

                   Part A Deductible and Coinsurance Amounts for Calendar Years 2018 and 2019
----------------------------------------------------------------------------------------------------------------
                                                               Value                 Number paid (in millions)
              Type of cost sharing               ---------------------------------------------------------------
                                                       2018            2019            2018            2019
----------------------------------------------------------------------------------------------------------------
Inpatient hospital deductible...................          $1,340          $1,364            7.19            7.23
Daily coinsurance for 61st-90th Day.............             335             341            1.72            1.72
Daily coinsurance for lifetime reserve days.....             670             682            0.84            0.85
SNF coinsurance.................................          167.50          170.50           33.15           33.34
----------------------------------------------------------------------------------------------------------------

    The estimated total increase in costs to beneficiaries is about 
$390 million (rounded to the nearest $10 million) due to: (1) The 
increase in the deductible and coinsurance amounts; and (2) the 
increase in the number of deductibles and daily coinsurance amounts 
paid. We determine the increase in cost to beneficiaries by calculating 
the difference between the 2018 and 2019 deductible and coinsurance 
amounts multiplied by the estimated increase in the number of 
deductible and coinsurance amounts paid.

V. Waiver of Proposed Notice and Comment Period

    Section 1813(b)(2) of the Act requires publication of the inpatient 
hospital deductible and all coinsurance amounts--the hospital and 
extended care services coinsurance amounts--between September 1 and 
September 15 of the year preceding the year to which they will apply. 
We ordinarily publish a notice of proposed rulemaking in the Federal 
Register and invite public comment prior to a rule taking effect in 
accordance with section 553(b) of the Administrative Procedure Act 
(APA) and section 1871 of the Act. However, we believe that the 
policies being publicized in this document do not constitute agency 
rulemaking. Rather, the statute requires that the agency determine and 
publish the inpatient hospital deductible and hospital and extended 
care services coinsurance amounts for each calendar year in accordance 
with the statutory formulae, and we are simply notifying the public of 
the changes to the Medicare Part A deductible and coinsurance amounts 
for CY 2019. To the extent any of the policies articulated in this 
document constitute interpretations of the statute's requirements or 
procedures that will be used to implement the statute's directive, they 
are interpretive rules, general statements of policy, and rules of 
agency organization, procedure, or practice, which are not subject to 
notice and comment rulemaking under the APA.
    To the extent that notice and comment rulemaking would otherwise 
apply, we find good cause to waive this requirement. Under the APA, we 
may waive notice and public procedure if we find good cause that prior 
notice and comment are impracticable, unnecessary, or contrary to the 
public interest. We find that the procedure for notice and comment is 
unnecessary here, because this document does not propose to make any 
substantive changes to the policies or methodologies, but simply 
applies the formulae used to calculate the inpatient hospital 
deductible and hospital and extended care services coinsurance amounts 
as statutorily directed and we can exercise no discretion in following 
the formulae. Moreover, the statute establishes the time period for 
which the deductible and coinsurance amounts will apply, so we also do 
not have any discretion in that regard. Therefore, we find good cause 
to waive notice and comment procedures, if such procedures are required 
at all.

VI. Collection of Information Requirements

    This document does not impose information collection requirements, 
that is, reporting, recordkeeping or third-party disclosure 
requirements. Consequently, there is no need for review by the Office 
of Management and Budget under the authority of the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).

VII. Regulatory Impact Analysis

A. Statement of Need

    Section 1813(b)(2) of the Act requires the Secretary to publish, 
between September 1 and September 15 of each year, the amounts of the 
inpatient hospital deductible and hospital and extended care services 
coinsurance applicable for services furnished in the following CY.

B. Overall Impact

    We have examined the impacts of this notice in accordance with 
Executive Order 12866 on Regulatory Planning and Review (September 30, 
1993), Executive Order 13563 on Improving Regulation and Regulatory 
Review (January 18, 2011), the Regulatory Flexibility Act (RFA) 
(September 19,

[[Page 52462]]

1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, 
section 202 of the Unfunded Mandates Reform Act of 1995 (March 22, 
1995; Pub. L. 104-4), Executive Order 13132 on Federalism (August 4, 
1999), the Congressional Review Act (5 U.S.C. 804(2)), and Executive 
Order 13771 on Reducing Regulation and Controlling Regulatory Costs 
(January 30, 2017).
    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Section 
3(f) of Executive Order 12866 defines a ``significant regulatory 
action'' as an action that is likely to result in a rule: (1) Having an 
annual effect on the economy of $100 million or more in any 1 year, or 
adversely and materially affecting a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or state, local or tribal governments or communities (also 
referred to as ``economically significant''); (2) creating a serious 
inconsistency or otherwise interfering with an action taken or planned 
by another agency; (3) materially altering the budgetary impacts of 
entitlement grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) raising novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order.
    A regulatory impact analysis (RIA) must be prepared for major rules 
with economically significant effects ($100 million or more in any 1 
year). Although we do not consider this notice to constitute a 
substantive rule, this notice is economically significant under section 
3(f)(1) of Executive Order 12866. As stated in section IV of this 
notice, we estimate that the total increase in costs to beneficiaries 
associated with this notice is about $390 million due to: (1) The 
increase in the deductible and coinsurance amounts; and (2) the 
increase in the number of deductibles and daily coinsurance amounts 
paid.
    The RFA requires agencies to analyze options for regulatory relief 
of small entities, if a rule has a significant impact on a substantial 
number of small entities. For purposes of the RFA, small entities 
include small businesses, nonprofit organizations, and small 
governmental jurisdictions. Most hospitals and most other providers and 
suppliers are small entities, either by nonprofit status or by having 
revenues of less than $7.5 million to $38.5 million in any 1 year (for 
details, see the Small Business Administration's website at http://www.sba.gov/content/small-business-size-standards). Individuals and 
states are not included in the definition of a small entity. This 
annual notice announces the Medicare Part A deductible and coinsurance 
amounts for CY 2019 and will have an impact on the Medicare 
beneficiaries. As a result, we are not preparing an analysis for the 
RFA because the Secretary has determined that this notice will not have 
a significant economic impact on a substantial number of small 
entities.
    In addition, section 1102(b) of the Social Security Act requires us 
to prepare a RIA if a rule may have a significant impact on the 
operations of a substantial number of small rural hospitals. This 
analysis must conform to the provisions of section 604 of the RFA. For 
purposes of section 1102(b) of the Act, we define a small rural 
hospital as a hospital that is located outside of a metropolitan 
statistical area and has fewer than 100 beds. This annual notice 
announces the Medicare Part A deductible and coinsurance amounts for CY 
2019 and will have an impact on the Medicare beneficiaries. As a 
result, we are not preparing an analysis for section 1102(b) of the Act 
because the Secretary has determined that this notice will not have a 
significant impact on the operations of a substantial number of small 
rural hospitals.
    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) also 
requires that agencies assess anticipated costs and benefits before 
issuing any rule whose mandates require spending in any 1 year of $100 
million in 1995 dollars, updated annually for inflation. In 2018, that 
threshold is approximately $150 million. This notice does not impose 
mandates that will have a consequential effect of $150 million or more 
on state, local, or tribal governments or on the private sector.
    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on state 
and local governments, preempts state law, or otherwise has Federalism 
implications. This notice will not have a substantial direct effect on 
state or local governments, preempt state law, or otherwise have 
Federalism implications.
    Executive Order 13771, titled ``Reducing Regulation and Controlling 
Regulatory Costs,'' was issued on January 30, 2017 (82 FR 9339, 
February 3, 2017). It has been determined that this notice is a 
transfer notice that does not impose more than de minimis costs and 
thus is not a regulatory action for the purposes of E.O. 13771.
    Consistent with the Congressional Review Act provisions of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
801 et seq.), this notice has been transmitted to the Congress and the 
Comptroller General for review.
    In accordance with the provisions of Executive Order 12866, this 
notice was reviewed by the Office of Management and Budget.
    Although this notice does not constitute a substantive rule, we 
nevertheless prepared this Impact Analysis in the interest of ensuring 
that the impacts of this notice are fully understood.

    Dated: October 3, 2018.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
    Dated: October 11, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human Services.
[FR Doc. 2018-22526 Filed 10-12-18; 11:15 am]
 BILLING CODE 4120-01-P



                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                52459

                                               findings concerning review and                          AAHHS–HFAP’s program requirements.                      Dated: October 10, 2018.
                                               approval of a national accrediting                      These monitoring procedures are used                  Seema Verma,
                                               organization’s requirements consider,                   only when the AAHHS–HFAP identifies                   Administrator, Centers for Medicare &
                                               among other factors, the applying                       noncompliance. If noncompliance is                    Medicaid Services.
                                               accrediting organization’s requirements                 identified through validation reviews or              [FR Doc. 2018–22546 Filed 10–16–18; 8:45 am]
                                               for accreditation; survey procedures;                   complaint surveys, the state survey                   BILLING CODE 4120–01–P
                                               resources for conducting required                       agency monitors corrections as specified
                                               surveys; capacity to furnish information                at § 488.9(c).
                                               for use in enforcement activities;                         ++ AAHHS–HFAP’s capacity to                        DEPARTMENT OF HEALTH AND
                                               monitoring procedures for provider                      report deficiencies to the surveyed                   HUMAN SERVICES
                                               entities found not in compliance with                   facilities and respond to the facility’s
                                               the conditions or requirements; and                     plan of correction in a timely manner.                Centers for Medicare & Medicaid
                                               ability to provide us with the necessary                                                                      Services
                                               data for validation.                                       ++ AAHHS–HFAP’s capacity to
                                                                                                       provide CMS with electronic data and                  [CMS–8068–N]
                                                  Section 1865(a)(3)(A) of the Act
                                               further requires that we publish, within                reports necessary for effective validation            RIN 0938–AT33
                                               60 days of receipt of an organization’s                 and assessment of the organization’s
                                               complete application, a notice                          survey process.                                       Medicare Program; CY 2019 Inpatient
                                               identifying the national accrediting                       ++ The adequacy of AAHHS–HFAP’s                    Hospital Deductible and Hospital and
                                               body making the request, describing the                 staff and other resources, and its                    Extended Care Services Coinsurance
                                               nature of the request, and providing at                 financial viability.                                  Amounts
                                               least a 30-day public comment period.                      ++ AAHHS–HFAP’s capacity to                        AGENCY: Centers for Medicare &
                                               We have 210 days from the receipt of a                  adequately fund required surveys.                     Medicaid Services (CMS), HHS.
                                               complete application to publish notice                                                                        ACTION: Notice.
                                                                                                          ++ AAHHS–HFAP’s policies with
                                               of approval or denial of the application.
                                                  The purpose of this proposed notice                  respect to whether surveys are
                                                                                                                                                             SUMMARY:   This notice announces the
                                               is to inform the public of AAHHS–                       announced or unannounced, to assure
                                                                                                                                                             inpatient hospital deductible and the
                                               HFAP’s request for approval of its                      that surveys are unannounced.
                                                                                                                                                             hospital and extended care services
                                               hospital accreditation program. This                       ++ AAHHS–HFAP’s agreement to                       coinsurance amounts for services
                                               notice also solicits public comment on                  provide CMS with a copy of the most                   furnished in calendar year (CY) 2019
                                               whether AAHHS–HFAP’s requirements                       current accreditation survey together                 under Medicare’s Hospital Insurance
                                               meet or exceed the Medicare conditions                  with any other information related to                 Program (Medicare Part A). The
                                               of participation (CoPs) for hospitals.                  the survey as we may require (including               Medicare statute specifies the formulae
                                                                                                       corrective action plans).                             used to determine these amounts. For
                                               B. Evaluation of Deeming Authority
                                               Request                                                 C. Notice Upon Completion of                          CY 2019, the inpatient hospital
                                                                                                       Evaluation                                            deductible will be $1,364. The daily
                                                  AAHHS–HFAP submitted all the                                                                               coinsurance amounts for CY 2019 will
                                               necessary materials to enable us to make                  Upon completion of our evaluation,                  be: $341 for the 61st through 90th day
                                               a determination concerning its request                  including evaluation of public                        of hospitalization in a benefit period;
                                               for continued approval of its hospital                  comments received as a result of this                 $682 for lifetime reserve days; and
                                               accreditation program. This application                 notice, we will publish a final notice in             $170.50 for the 21st through 100th day
                                               was determined to be complete on                        the Federal Register announcing the                   of extended care services in a skilled
                                               August 17, 2018. Under section                          result of our evaluation.                             nursing facility in a benefit period.
                                               1865(a)(2) of the Act and our regulations                                                                     DATES: Effective Date: This notice is
                                               at § 488.5 (Application and re-                         III. Collection of Information
                                                                                                       Requirements                                          effective on January 1, 2019.
                                               application procedures for national
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               accrediting organizations), our review                    This document does not impose
                                               and evaluation of AAHHS–HFAP will                                                                             Yaminee Thaker, (410) 786–7921 for
                                                                                                       information collection requirements,                  general information. Gregory J. Savord,
                                               be conducted in accordance with, but                    that is, reporting, recordkeeping or
                                               not necessarily limited to, the following                                                                     (410) 786–1521 for case-mix analysis.
                                                                                                       third-party disclosure requirements.                  SUPPLEMENTARY INFORMATION:
                                               factors:                                                Consequently, there is no need for
                                                  • The equivalency of AAHHS–                                                                                I. Background
                                                                                                       review by the Office of Management and
                                               HFAP’s standards for hospitals as
                                                                                                       Budget under the authority of the                        Section 1813 of the Social Security
                                               compared with CMS’ hospital CoPs.
                                                  • AAHHS–HFAP’s survey process to                     Paperwork Reduction Act of 1995 (44                   Act (the Act) provides for an inpatient
                                               determine the following:                                U.S.C. Chapter 35).                                   hospital deductible to be subtracted
                                                  ++ The composition of the survey                     IV. Response to Comments                              from the amount payable by Medicare
                                               team, surveyor qualifications, and the                                                                        for inpatient hospital services furnished
                                               ability of the organization to provide                    Because of the large number of public               to a beneficiary. It also provides for
                                               continuing surveyor training.                           comments we normally receive on                       certain coinsurance amounts to be
                                                  ++ The comparability of AAHHS–                       Federal Register documents, we are not                subtracted from the amounts payable by
                                               HFAP’s processes to those of state                      able to acknowledge or respond to them                Medicare for inpatient hospital and
daltland on DSKBBV9HB2PROD with NOTICES




                                               agencies, including survey frequency,                   individually. We will consider all                    extended care services. Section
                                               and the ability to investigate and                      comments we receive by the date and                   1813(b)(2) of the Act requires the
                                               respond appropriately to complaints                     time specified in the DATES section of                Secretary of the Department of Health
                                               against accredited facilities.                          this preamble, and, when we proceed                   and Human Services (the Secretary) to
                                                  ++ AAHHS–HFAP’s processes and                        with a subsequent document, we will                   determine and publish each year the
                                               procedures for monitoring a hospital                    respond to the comments in the                        amount of the inpatient hospital
                                               found out of compliance with the                        preamble to that document.                            deductible and the hospital and


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                                               52460                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               extended care services coinsurance                      EHR users and are expected to receive                 basket update of 2.9 percent less the
                                               amounts applicable for services                         the full market basket update.                        MFP adjustment of 0.8 percentage point
                                               furnished in the following calendar year                   Under section 1886 of the Act, the                 and less 0.75 percentage point). The
                                               (CY).                                                   percentage increase used to update the                average payment percentage increase for
                                                                                                       payment rates for FY 2019 for hospitals               hospitals excluded from the inpatient
                                               II. Computing the Inpatient Hospital                    excluded from the inpatient prospective               prospective payment system is 1.62
                                               Deductible for CY 2019                                  payment system is as follows:                         percent. This average includes long term
                                                  Section 1813(b) of the Act prescribes                   • The percentage increase for long                 care hospitals, inpatient rehabilitation
                                               the method for computing the amount of                  term care hospitals is the market basket              facilities, and other hospitals excluded
                                               the inpatient hospital deductible. The                  percentage increase reduced by 0.75                   from the inpatient prospective payment
                                               inpatient hospital deductible is an                     percentage points and the MFP                         system. Weighting these percentages in
                                               amount equal to the inpatient hospital                  adjustment (see sections 1886(m)(3)(A)                accordance with payment volume, our
                                               deductible for the preceding CY,                        and 1886(m)(4)(F) of the Act). In                     best estimate of the payment-weighted
                                               adjusted by our best estimate of the                    addition, these hospitals may also be                 average of the increases in the payment
                                               payment-weighted average of the                         impacted by the quality reporting                     rates for FY 2019 is 1.39 percent.
                                               applicable percentage increases (as                     adjustments and the site-neutral                         To develop the adjustment to reflect
                                               defined in section 1886(b)(3)(B) of the                 payment rates (see sections 1886(m)(5)                changes in real case-mix, we first
                                               Act) used for updating the payment                      and 1886(m)(6) of the Act).                           calculated an average case-mix for each
                                               rates to hospitals for discharges in the                   • The percentage increase for                      hospital that reflects the relative
                                               fiscal year (FY) that begins on October                 inpatient rehabilitation facilities is the            costliness of that hospital’s mix of cases
                                               1 of the same preceding CY, and                         market basket percentage increase                     compared to those of other hospitals.
                                               adjusted to reflect changes in real case-               reduced by a productivity adjustment in               We then computed the change in
                                               mix. The adjustment to reflect real case-               accordance with section                               average case-mix for hospitals paid
                                               mix is determined on the basis of the                   1886(j)(3)(C)(ii)(I) of the Act, and further          under the Medicare inpatient
                                               most recent case-mix data available. The                reduced by 0.75 percentage points in                  prospective payment system in FY 2018
                                               amount determined under this formula                    accordance with sections                              compared to FY 2017. (We excluded
                                               is rounded to the nearest multiple of $4                1886(j)(3)(C)(ii)(II) and 1886(j)(3)(D)(v)            from this calculation hospitals whose
                                               (or, if midway between two multiples of                 of the Act. In addition, these hospitals              payments are not based on the inpatient
                                               $4, to the next higher multiple of $4).                 may also be impacted by the quality                   prospective payment system because
                                                  Under section 1886(b)(3)(B)(i)(XX) of                reporting adjustments (see section                    their payments are based on alternate
                                               the Act, the percentage increase used to                1886(j)(7)of the Act).                                prospective payment systems or
                                               update the payment rates for FY 2019                       • The percentage increase used to                  reasonable costs.) We used Medicare
                                               for hospitals paid under the inpatient                  update the payment rate for inpatient                 bills from prospective payment
                                               prospective payment system is the                       psychiatric facilities is the market                  hospitals that we received as of July
                                               market basket percentage increase,                      basket percentage increase reduced by                 2018. These bills represent a total of
                                               otherwise known as the market basket                    0.75 percentage points and the MFP                    about 7.3 million Medicare discharges
                                               update, reduced by 0.75 percentage                      adjustment (see sections                              for FY 2018 and provide the most recent
                                               points (see section 1886(b)(3)(B)(xii)(V)               1886(s)(2)(A)(i), 1886(s)(2)(A)(ii), and              case-mix data available at this time.
                                               of the Act), and an adjustment based on                 1886(s)(3)(E) of the Act). In addition,               Based on these bills, the change in
                                               changes in the economy-wide                             these hospitals may also be impacted by               average case-mix in FY 2018 is 1.33
                                               productivity (the multifactor                           the quality reporting adjustments (see                percent. Based on these bills and past
                                               productivity (MFP) adjustment) (see                     section 1886(s)(4) of the Act).                       experience, we expect the overall case
                                               section 1886(b)(3)(B)(xi)(II) of the Act).                 • The percentage increase for other                mix change to be 1.8 percent as the year
                                               Under section 1886(b)(3)(B)(viii) of the                types of hospitals excluded from the                  progresses and more FY 2018 data
                                               Act, for FY 2019, the applicable                        inpatient prospective payment system                  become available.
                                               percentage increase for hospitals that do               (for example, cancer hospitals,                          Section 1813 of the Act requires that
                                               not submit quality data as specified by                 children’s hospitals, and hospitals                   the inpatient hospital deductible be
                                               the Secretary is reduced by one quarter                 located outside the 50 States, the                    adjusted only by that portion of the
                                               of the market basket update. We are                     District of Columbia, and Puerto Rico) is             case-mix change that is determined to
                                               estimating that after accounting for                    the market basket percentage increase                 be real. Real case-mix is that portion of
                                               those hospitals receiving the lower                     (see section 1886(b)(3)(B)(ii)(VIII) of the           case-mix that is due to changes in the
                                               market basket update in the payment-                    Act).                                                 mix of cases in the hospital and not due
                                               weighted average update, the calculated                    The Inpatient Prospective Payment                  to coding optimization. Over the past
                                               deductible will not be affected, since the              System market basket percentage                       several years, we have observed total
                                               majority of hospitals submit quality data               increase for FY 2019 is 2.9 percent and               case mix increases of about 0.5 percent
                                               and receive the full market basket                      the MFP adjustment is 0.8 percentage                  per year and have assumed that they are
                                               update. Section 1886(b)(3)(B)(ix) of the                point, as announced in the final rule                 real. Thus, since we do not have further
                                               Act requires that any hospital that is not              that appeared in the Federal Register on              information at this time, we expect that
                                               a meaningful electronic health record                   August 17, 2018 entitled, ‘‘Hospital                  0.5 percent of the 1.8 percent change in
                                               (EHR) user (as defined in section                       Inpatient Prospective Payment System                  average case-mix for FY 2018 will be
                                               1886(n)(3) of the Act) will have three-                 for Acute Care Hospitals and the Long-                real.
                                               quarters of the market basket update                    Term Care Hospital Prospective                           Thus as stated above, the estimate of
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                                               reduced by 100 percent for FY 2017 and                  Payment System and Fiscal Year 2019                   the payment-weighted average of the
                                               each subsequent fiscal year. We are                     Rates’’ (83 FR 41144). Therefore, the                 applicable percentage increases used for
                                               estimating that after accounting for                    percentage increase for hospitals paid                updating the payment rates is 1.39
                                               these hospitals receiving the lower                     under the inpatient prospective                       percent, and the real case-mix
                                               market basket update, the calculated                    payment system that submit quality data               adjustment factor for the deductible is
                                               deductible will not be affected, since the              and are meaningful EHR users is 1.35                  0.5 percent. Therefore, using the
                                               majority of hospitals are meaningful                    percent (that is, the FY 2019 market                  statutory formula as stated in section


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                                                                                Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                              52461

                                               1813(b) of the Act, we calculate the                                  defined as fixed percentages of the                           in section 1813(a)(1)(B) of the Act); and
                                               inpatient hospital deductible for                                     inpatient hospital deductible for                             the daily coinsurance for the 21st
                                               services furnished in CY 2019 to be                                   services furnished in the same CY. The                        through 100th day of extended care
                                               $1,364. This deductible amount is                                     increase in the deductible generates                          services in a skilled nursing facility
                                               determined by multiplying $1,340 (the                                 increases in the coinsurance amounts.                         (SNF) in a benefit period will be
                                               inpatient hospital deductible for CY                                  For inpatient hospital and extended care                      $170.50 (one-eighth of the inpatient
                                               2018 (82 FR 55367)) by the payment-                                   services furnished in CY 2019, in                             hospital deductible as stated in section
                                               weighted average increase in the                                      accordance with the fixed percentages                         1813(a)(3) of the Act).
                                               payment rates of 1.0139 multiplied by                                 defined in the law, the daily
                                               the increase in real case-mix of 1.005,                                                                                             IV. Cost to Medicare Beneficiaries
                                                                                                                     coinsurance for the 61st through 90th
                                               which equals $1,365.42 and is rounded
                                                                                                                     day of hospitalization in a benefit                             The Table below summarizes the
                                               to $1,364.
                                                                                                                     period will be $341 (one-fourth of the                        deductible and coinsurance amounts for
                                               III. Computing the Inpatient Hospital                                 inpatient hospital deductible as stated                       CYs 2018 and 2019, as well as the
                                               and Extended Care Services                                            in section 1813(a)(1)(A) of the Act); the                     number of each that is estimated to be
                                               Coinsurance Amounts for CY 2019                                       daily coinsurance for lifetime reserve                        paid.
                                                  The coinsurance amounts provided                                   days will be $682 (one-half of the
                                               for in section 1813 of the Act are                                    inpatient hospital deductible as stated

                                                                         PART A DEDUCTIBLE AND COINSURANCE AMOUNTS FOR CALENDAR YEARS 2018 AND 2019
                                                                                                                                                                           Value                        Number paid
                                                                                                                                                                                                        (in millions)
                                                                                      Type of cost sharing
                                                                                                                                                                    2018            2019            2018                2019

                                               Inpatient hospital deductible ............................................................................             $1,340           $1,364            7.19               7.23
                                               Daily coinsurance for 61st–90th Day ...............................................................                       335              341            1.72               1.72
                                               Daily coinsurance for lifetime reserve days .....................................................                         670              682            0.84               0.85
                                               SNF coinsurance .............................................................................................          167.50           170.50           33.15              33.34



                                                  The estimated total increase in costs                              amounts for each calendar year in                             will apply, so we also do not have any
                                               to beneficiaries is about $390 million                                accordance with the statutory formulae,                       discretion in that regard. Therefore, we
                                               (rounded to the nearest $10 million) due                              and we are simply notifying the public                        find good cause to waive notice and
                                               to: (1) The increase in the deductible                                of the changes to the Medicare Part A                         comment procedures, if such
                                               and coinsurance amounts; and (2) the                                  deductible and coinsurance amounts for                        procedures are required at all.
                                               increase in the number of deductibles                                 CY 2019. To the extent any of the
                                                                                                                                                                                   VI. Collection of Information
                                               and daily coinsurance amounts paid.                                   policies articulated in this document
                                                                                                                                                                                   Requirements
                                               We determine the increase in cost to                                  constitute interpretations of the statute’s
                                               beneficiaries by calculating the                                      requirements or procedures that will be                         This document does not impose
                                               difference between the 2018 and 2019                                  used to implement the statute’s                               information collection requirements,
                                               deductible and coinsurance amounts                                    directive, they are interpretive rules,                       that is, reporting, recordkeeping or
                                               multiplied by the estimated increase in                               general statements of policy, and rules                       third-party disclosure requirements.
                                               the number of deductible and                                          of agency organization, procedure, or                         Consequently, there is no need for
                                               coinsurance amounts paid.                                             practice, which are not subject to notice                     review by the Office of Management and
                                                                                                                     and comment rulemaking under the                              Budget under the authority of the
                                               V. Waiver of Proposed Notice and                                      APA.                                                          Paperwork Reduction Act of 1995 (44
                                               Comment Period                                                           To the extent that notice and                              U.S.C. 3501 et seq.).
                                                 Section 1813(b)(2) of the Act requires                              comment rulemaking would otherwise                            VII. Regulatory Impact Analysis
                                               publication of the inpatient hospital                                 apply, we find good cause to waive this
                                               deductible and all coinsurance                                        requirement. Under the APA, we may                            A. Statement of Need
                                               amounts—the hospital and extended                                     waive notice and public procedure if we                         Section 1813(b)(2) of the Act requires
                                               care services coinsurance amounts—                                    find good cause that prior notice and                         the Secretary to publish, between
                                               between September 1 and September 15                                  comment are impracticable,                                    September 1 and September 15 of each
                                               of the year preceding the year to which                               unnecessary, or contrary to the public                        year, the amounts of the inpatient
                                               they will apply. We ordinarily publish                                interest. We find that the procedure for                      hospital deductible and hospital and
                                               a notice of proposed rulemaking in the                                notice and comment is unnecessary                             extended care services coinsurance
                                               Federal Register and invite public                                    here, because this document does not                          applicable for services furnished in the
                                               comment prior to a rule taking effect in                              propose to make any substantive                               following CY.
                                               accordance with section 553(b) of the                                 changes to the policies or
                                               Administrative Procedure Act (APA)                                    methodologies, but simply applies the                         B. Overall Impact
                                               and section 1871 of the Act. However,                                 formulae used to calculate the inpatient                         We have examined the impacts of this
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                                               we believe that the policies being                                    hospital deductible and hospital and                          notice in accordance with Executive
                                               publicized in this document do not                                    extended care services coinsurance                            Order 12866 on Regulatory Planning
                                               constitute agency rulemaking. Rather,                                 amounts as statutorily directed and we                        and Review (September 30, 1993),
                                               the statute requires that the agency                                  can exercise no discretion in following                       Executive Order 13563 on Improving
                                               determine and publish the inpatient                                   the formulae. Moreover, the statute                           Regulation and Regulatory Review
                                               hospital deductible and hospital and                                  establishes the time period for which                         (January 18, 2011), the Regulatory
                                               extended care services coinsurance                                    the deductible and coinsurance amounts                        Flexibility Act (RFA) (September 19,


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                                               52462                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               1980, Pub. L. 96–354), section 1102(b) of               nonprofit status or by having revenues                January 30, 2017 (82 FR 9339, February
                                               the Social Security Act, section 202 of                 of less than $7.5 million to $38.5                    3, 2017). It has been determined that
                                               the Unfunded Mandates Reform Act of                     million in any 1 year (for details, see the           this notice is a transfer notice that does
                                               1995 (March 22, 1995; Pub. L. 104–4),                   Small Business Administration’s                       not impose more than de minimis costs
                                               Executive Order 13132 on Federalism                     website at http://www.sba.gov/content/                and thus is not a regulatory action for
                                               (August 4, 1999), the Congressional                     small-business-size-standards).                       the purposes of E.O. 13771.
                                               Review Act (5 U.S.C. 804(2)), and                       Individuals and states are not included                  Consistent with the Congressional
                                               Executive Order 13771 on Reducing                       in the definition of a small entity. This             Review Act provisions of the Small
                                               Regulation and Controlling Regulatory                   annual notice announces the Medicare                  Business Regulatory Enforcement
                                               Costs (January 30, 2017).                               Part A deductible and coinsurance                     Fairness Act of 1996 (5 U.S.C. 801 et
                                                  Executive Orders 12866 and 13563                     amounts for CY 2019 and will have an                  seq.), this notice has been transmitted to
                                               direct agencies to assess all costs and                 impact on the Medicare beneficiaries.                 the Congress and the Comptroller
                                               benefits of available regulatory                        As a result, we are not preparing an                  General for review.
                                               alternatives and, if regulation is                      analysis for the RFA because the                         In accordance with the provisions of
                                               necessary, to select regulatory                         Secretary has determined that this                    Executive Order 12866, this notice was
                                               approaches that maximize net benefits                   notice will not have a significant                    reviewed by the Office of Management
                                               (including potential economic,                          economic impact on a substantial                      and Budget.
                                               environmental, public health and safety                 number of small entities.                                Although this notice does not
                                               effects, distributive impacts, and                         In addition, section 1102(b) of the                constitute a substantive rule, we
                                               equity). Section 3(f) of Executive Order                Social Security Act requires us to                    nevertheless prepared this Impact
                                               12866 defines a ‘‘significant regulatory                prepare a RIA if a rule may have a                    Analysis in the interest of ensuring that
                                               action’’ as an action that is likely to                 significant impact on the operations of               the impacts of this notice are fully
                                               result in a rule: (1) Having an annual                  a substantial number of small rural                   understood.
                                               effect on the economy of $100 million                   hospitals. This analysis must conform to                Dated: October 3, 2018.
                                               or more in any 1 year, or adversely and                 the provisions of section 604 of the
                                                                                                                                                             Seema Verma,
                                               materially affecting a sector of the                    RFA. For purposes of section 1102(b) of
                                               economy, productivity, competition,                     the Act, we define a small rural hospital             Administrator, Centers for Medicare &
                                                                                                                                                             Medicaid Services.
                                               jobs, the environment, public health or                 as a hospital that is located outside of
                                               safety, or state, local or tribal                       a metropolitan statistical area and has                 Dated: October 11, 2018.
                                               governments or communities (also                        fewer than 100 beds. This annual notice               Alex M. Azar II,
                                               referred to as ‘‘economically                           announces the Medicare Part A                         Secretary, Department of Health and Human
                                               significant’’); (2) creating a serious                  deductible and coinsurance amounts for                Services.
                                               inconsistency or otherwise interfering                  CY 2019 and will have an impact on the                [FR Doc. 2018–22526 Filed 10–12–18; 11:15 am]
                                               with an action taken or planned by                      Medicare beneficiaries. As a result, we               BILLING CODE 4120–01–P
                                               another agency; (3) materially altering                 are not preparing an analysis for section
                                               the budgetary impacts of entitlement                    1102(b) of the Act because the Secretary
                                               grants, user fees, or loan programs or the              has determined that this notice will not              DEPARTMENT OF HEALTH AND
                                               rights and obligations of recipients                    have a significant impact on the                      HUMAN SERVICES
                                               thereof; or (4) raising novel legal or                  operations of a substantial number of
                                               policy issues arising out of legal                      small rural hospitals.                                Centers for Medicare & Medicaid
                                               mandates, the President’s priorities, or                   Section 202 of the Unfunded                        Services
                                               the principles set forth in the Executive               Mandates Reform Act of 1995 (UMRA)                    [CMS–8070–N]
                                               Order.                                                  also requires that agencies assess
                                                  A regulatory impact analysis (RIA)                   anticipated costs and benefits before                 RIN 0938–AT35
                                               must be prepared for major rules with                   issuing any rule whose mandates
                                                                                                                                                             Medicare Program; Medicare Part B
                                               economically significant effects ($100                  require spending in any 1 year of $100
                                                                                                                                                             Monthly Actuarial Rates, Premium
                                               million or more in any 1 year). Although                million in 1995 dollars, updated
                                                                                                                                                             Rates, and Annual Deductible
                                               we do not consider this notice to                       annually for inflation. In 2018, that
                                                                                                                                                             Beginning January 1, 2019
                                               constitute a substantive rule, this notice              threshold is approximately $150
                                               is economically significant under                       million. This notice does not impose                  AGENCY: Centers for Medicare &
                                               section 3(f)(1) of Executive Order 12866.               mandates that will have a consequential               Medicaid Services (CMS), HHS.
                                               As stated in section IV of this notice, we              effect of $150 million or more on state,              ACTION: Notice.
                                               estimate that the total increase in costs               local, or tribal governments or on the
                                               to beneficiaries associated with this                   private sector.                                       SUMMARY:   This notice announces the
                                               notice is about $390 million due to: (1)                   Executive Order 13132 establishes                  monthly actuarial rates for aged (age 65
                                               The increase in the deductible and                      certain requirements that an agency                   and over) and disabled (under age 65)
                                               coinsurance amounts; and (2) the                        must meet when it promulgates a                       beneficiaries enrolled in Part B of the
                                               increase in the number of deductibles                   proposed rule (and subsequent final                   Medicare Supplementary Medical
                                               and daily coinsurance amounts paid.                     rule) that imposes substantial direct                 Insurance (SMI) program beginning
                                                  The RFA requires agencies to analyze                 requirement costs on state and local                  January 1, 2019. In addition, this notice
                                               options for regulatory relief of small                  governments, preempts state law, or                   announces the monthly premium for
                                               entities, if a rule has a significant impact            otherwise has Federalism implications.                aged and disabled beneficiaries, the
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                                               on a substantial number of small                        This notice will not have a substantial               deductible for 2019, and the income-
                                               entities. For purposes of the RFA, small                direct effect on state or local                       related monthly adjustment amounts to
                                               entities include small businesses,                      governments, preempt state law, or                    be paid by beneficiaries with modified
                                               nonprofit organizations, and small                      otherwise have Federalism implications.               adjusted gross income above certain
                                               governmental jurisdictions. Most                           Executive Order 13771, titled                      threshold amounts. The monthly
                                               hospitals and most other providers and                  ‘‘Reducing Regulation and Controlling                 actuarial rates for 2019 are $264.90 for
                                               suppliers are small entities, either by                 Regulatory Costs,’’ was issued on                     aged enrollees and $315.40 for disabled


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Document Created: 2018-10-17 01:48:27
Document Modified: 2018-10-17 01:48:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective Date: This notice is effective on January 1, 2019.
ContactYaminee Thaker, (410) 786-7921 for general information. Gregory J. Savord, (410) 786-1521 for case-mix analysis.
FR Citation83 FR 52459 
RIN Number0938-AT33

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