83_FR_61798 83 FR 61567 - Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Correction

83 FR 61567 - Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Correction

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

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range61567-61568
FR Document2018-26079

This document corrects an error that appeared in the final rule with comment period published in the Federal Register on November 21, 2018, entitled ``Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs.'' Specifically, this document corrects the public comment period end date. The corrected date is January 2, 2019.

Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018) 
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61567-61568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26079]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 416 and 419

[CMS-1695-CN]
RIN 0938-AT30


Medicare Program: Changes to Hospital Outpatient Prospective 
Payment and Ambulatory Surgical Center Payment Systems and Quality 
Reporting Programs; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: This document corrects an error that appeared in the final 
rule with comment period published in the Federal Register on November 
21, 2018, entitled ``Medicare Program: Changes to Hospital Outpatient 
Prospective Payment and Ambulatory Surgical Center Payment Systems and 
Quality Reporting Programs.'' Specifically, this document corrects the 
public comment period end date. The corrected date is January 2, 2019.

DATES: 
    Effective date: This correction is effective November 29, 2018.
    Comment period: To be assured consideration, comments on the 
payment classifications assigned to the interim APC assignments and/or 
status indicators of new or replacement Level II HCPCS codes in FR Doc. 
2018-24243 of November 21, 2018 (83 FR 58818), must be received at one 
of the addresses provided in the ADDRESSES section no later than 5 p.m. 
EST on January 2, 2019.

FOR FURTHER INFORMATION CONTACT: Marjorie Baldo, (410) 786-4617.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2018-24243 of November 21, 2018 (83 FR 58818), entitled 
``Medicare Program: Changes to Hospital Outpatient Prospective Payment 
and Ambulatory Surgical Center Payment Systems and Quality Reporting 
Programs'' (hereinafter referred to as the CY 2019 OPPS/ASC final rule 
with comment period), there was an error that is identified and 
corrected in the Correction of Errors section below.

II. Summary of Errors

    On page 58818, we made an error in the DATES section under the 
heading ``Comment period.'' We inadvertently stated that comments on 
the payment classifications assigned to the interim Medicare Ambulatory 
Payment Classification (APC) assignments and/or status indicators of 
new or replacement Level II Healthcare Common Procedure Coding System 
(HCPCS) codes in the final rule with comment period must be received no 
later than 5 p.m. EST on December 3, 2018. The corrected date is 
January 2, 2019, 60 days from the date of filing for public inspection.

III. Waiver of Proposed Rulemaking

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rule in the 
Federal Register before the provisions of a rule take effect. 
Similarly, section 1871(b)(1) of the Act requires the Secretary to 
provide for notice of the proposed rule in the Federal Register and 
provide a period of not less than 60 days for public comment. In 
addition, section 553(d) of the APA and section 1871(e)(1)(B)(i) 
mandate a 30-day delay in effective date after issuance or publication 
of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for 
exceptions from the notice and comment and delay in effective date of 
the APA requirements; in cases in which these exceptions apply, 
sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide 
exceptions from the notice and 60-day comment period and delay in 
effective date requirements of the Act as well. Section 553(b)(B) of 
the APA and section 1871(b)(2)(C) of the Act authorize an agency to 
dispense with normal rulemaking requirements for good cause if the 
agency makes a finding that the notice and comment process is 
impracticable, unnecessary, or contrary to the public interest. In 
addition, both section 553(d)(3) of the APA and section 
1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay 
in effective date where such delay is contrary to the public interest 
and an agency includes a statement of support.
    We believe that this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This correcting

[[Page 61568]]

document corrects a technical error in the preamble to the CY 2019 
OPPS/ASC final rule with comment period but does not make substantive 
changes to the policies or payment methodologies that were adopted in 
the final rule. Rather, it is intended to ensure that the public has 60 
days to comment on the payment classifications assigned to the interim 
APC assignments and/or status indicators of new or replacement Level II 
HCPCS codes in the CY 2019 OPPS/ASC final rule with comment period, 
which is the duration of the typical comment period on these topics.
    In addition, even if this were a rulemaking to which the notice and 
comment procedures and delayed effective date requirements applied, we 
find that there is good cause to waive such requirements. Undertaking 
further notice and comment procedures to incorporate the correction in 
this document into the final rule or delaying the effective date would 
be contrary to the public interest because it is in the public's 
interest to have adequate time to comment on the payment 
classifications assigned to the interim APC assignments and/or status 
indicators of new or replacement Level II HCPCS codes included in the 
CY 2019 OPPS/ASC final rule with comment period.
    Furthermore, such procedures would be unnecessary, as we are not 
altering our payment methodologies or policies, but rather, we are 
simply correcting the incorrect comment period end date. This 
correcting document is intended solely to ensure that the comment 
period end date included in the CY 2019 OPPS/ASC final rule with 
comment period is correct for those items on which the public can 
submit public comments. For these reasons, we believe we have good 
cause to waive the notice and comment and effective date requirements.

IV. Correction of Errors

    In FR Doc. 2018-24243 of November 21, 2018 (83 FR 58818), make the 
following corrections:
    1. On page 58818, in the second column, in the DATES section, under 
the heading ``Comment Period,'' correct ``December 3, 2018'' to read 
``January 2, 2019''.

    Dated: November 26, 2018.
 Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2018-26079 Filed 11-29-18; 8:45 am]
 BILLING CODE 4120-01-P

Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations 61567 that the economic impact on small Dated: November 27, 2018. Ambulatory Surgical Center Payment entities and small manufacturers will be George Sigounas, Systems and Quality Reporting minimal and less than 3 percent. Administrator, Health Resources and Services Programs’’ (hereinafter referred to as the Administration. CY 2019 OPPS/ASC final rule with Unfunded Mandates Reform Act Approved: November 28, 2018. comment period), there was an error Section 202(a) of the Unfunded Alex M. Azar II, that is identified and corrected in the Secretary, Department of Health and Human Correction of Errors section below. Mandates Reform Act of 1995 requires that agencies prepare a written Services. II. Summary of Errors statement, which includes an [FR Doc. 2018–26223 Filed 11–29–18; 8:45 am] On page 58818, we made an error in assessment of anticipated costs and BILLING CODE 4165–15–P the DATES section under the heading benefits, before proposing ‘‘any rule that ‘‘Comment period.’’ We inadvertently includes any Federal mandate that may stated that comments on the payment result in the expenditure by State, local, DEPARTMENT OF HEALTH AND classifications assigned to the interim HUMAN SERVICES and Tribal governments, in the Medicare Ambulatory Payment aggregate, or by the private sector, of Centers for Medicare & Medicaid Classification (APC) assignments and/or $100 million or more (adjusted annually Services status indicators of new or replacement for inflation) in any one year.’’ In 2018, Level II Healthcare Common Procedure that threshold is approximately $150 42 CFR Parts 416 and 419 Coding System (HCPCS) codes in the million. HHS does not expect this rule final rule with comment period must be to exceed the threshold. [CMS–1695–CN] received no later than 5 p.m. EST on December 3, 2018. The corrected date is Executive Order 13132—Federalism RIN 0938–AT30 January 2, 2019, 60 days from the date Medicare Program: Changes to of filing for public inspection. HHS has reviewed this final rule in accordance with Executive Order 13132 Hospital Outpatient Prospective III. Waiver of Proposed Rulemaking regarding federalism, and has Payment and Ambulatory Surgical Under 5 U.S.C. 553(b) of the determined that it does not have Center Payment Systems and Quality Administrative Procedure Act (APA), ‘‘federalism implications.’’ This rule Reporting Programs; Correction the agency is required to publish a would not ‘‘have substantial direct AGENCY: Centers for Medicare & notice of the proposed rule in the effects on the States, or on the Medicaid Services (CMS), HHS. Federal Register before the provisions relationship between the national ACTION: Final rule; correction. of a rule take effect. Similarly, section government and the States, or on the 1871(b)(1) of the Act requires the distribution of power and SUMMARY: This document corrects an Secretary to provide for notice of the responsibilities among the various error that appeared in the final rule with proposed rule in the Federal Register levels of government.’’ The proposal to comment period published in the and provide a period of not less than 60 rescind the June 5, 2018, final rule and Federal Register on November 21, 2018, days for public comment. In addition, entitled ‘‘Medicare Program: Changes to section 553(d) of the APA and section make the January 5, 2017, final rule Hospital Outpatient Prospective 1871(e)(1)(B)(i) mandate a 30-day delay effective as of January 1, 2019, would Payment and Ambulatory Surgical in effective date after issuance or not adversely affect the following family publication of a rule. Sections 553(b)(B) elements: Family safety, family stability, Center Payment Systems and Quality Reporting Programs.’’ Specifically, this and 553(d)(3) of the APA provide for marital commitment; parental rights in exceptions from the notice and document corrects the public comment the education, nurture, and supervision comment and delay in effective date of period end date. The corrected date is of their children; family functioning, the APA requirements; in cases in January 2, 2019. disposable income or poverty; or the which these exceptions apply, sections DATES: behavior and personal responsibility of 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the youth, as determined under Section Effective date: This correction is effective November 29, 2018. Act provide exceptions from the notice 654(c) of the Treasury and General and 60-day comment period and delay Comment period: To be assured Government Appropriations Act of in effective date requirements of the Act consideration, comments on the 1999. payment classifications assigned to the as well. Section 553(b)(B) of the APA interim APC assignments and/or status and section 1871(b)(2)(C) of the Act Paperwork Reduction Act authorize an agency to dispense with indicators of new or replacement Level The Paperwork Reduction Act of 1995 II HCPCS codes in FR Doc. 2018–24243 normal rulemaking requirements for (44 U.S.C. 3507(d)) requires that OMB of November 21, 2018 (83 FR 58818), good cause if the agency makes a approve all collections of information must be received at one of the addresses finding that the notice and comment by a Federal agency from the public provided in the ADDRESSES section no process is impracticable, unnecessary, before they can be implemented. This later than 5 p.m. EST on January 2, or contrary to the public interest. In 2019. addition, both section 553(d)(3) of the final rule is projected to have no impact APA and section 1871(e)(1)(B)(ii) of the on current reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: Act allow the agency to avoid the 30- burden for manufacturers under the Marjorie Baldo, (410) 786–4617. day delay in effective date where such 340B Program. Changes finalized in this SUPPLEMENTARY INFORMATION: delay is contrary to the public interest amozie on DSK3GDR082PROD with RULES rule would result in no new reporting and an agency includes a statement of burdens. I. Background support. In FR Doc. 2018–24243 of November We believe that this correcting 21, 2018 (83 FR 58818), entitled document does not constitute a ‘‘Medicare Program: Changes to Hospital rulemaking that would be subject to Outpatient Prospective Payment and these requirements. This correcting VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1

61568 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations document corrects a technical error in notice and comment and effective date able to harvest, but not exceed, its the preamble to the CY 2019 OPPS/ASC requirements. annual quota for the stock. These final rule with comment period but does changes are intended to provide the IV. Correction of Errors not make substantive changes to the common pool fishery with additional policies or payment methodologies that In FR Doc. 2018–24243 of November fishing opportunities. were adopted in the final rule. Rather, 21, 2018 (83 FR 58818), make the DATES: These possession and trip limit it is intended to ensure that the public following corrections: 1. On page 58818, in the second adjustment are effective November 29, has 60 days to comment on the payment 2018, through April 30, 2019. classifications assigned to the interim column, in the DATES section, under the heading ‘‘Comment Period,’’ correct FOR FURTHER INFORMATION CONTACT: APC assignments and/or status ‘‘December 3, 2018’’ to read ‘‘January 2, Spencer Talmage, Fishery Management indicators of new or replacement Level 2019’’. Specialist, 978–281–9232. II HCPCS codes in the CY 2019 OPPS/ ASC final rule with comment period, Dated: November 26, 2018. SUPPLEMENTARY INFORMATION: which is the duration of the typical Ann C. Agnew, Possession and Trip Limit Increase for comment period on these topics. Executive Secretary to the Department, Georges Bank Cod Department of Health and Human Services. In addition, even if this were a The regulations at § 648.86(o) rulemaking to which the notice and [FR Doc. 2018–26079 Filed 11–29–18; 8:45 am] BILLING CODE 4120–01–P authorize the Regional Administrator to comment procedures and delayed adjust the possession and trip limits for effective date requirements applied, we common pool vessels in order to help find that there is good cause to waive avoid the overharvest or underharvest of such requirements. Undertaking further DEPARTMENT OF COMMERCE the common pool quotas. notice and comment procedures to National Oceanic and Atmospheric Based on information reported incorporate the correction in this Administration through October 13, 2018, the common document into the final rule or delaying pool fishery has caught 5,797 lb (2.6 mt) the effective date would be contrary to of Georges Bank (GB) cod, or the public interest because it is in the 50 CFR Part 648 approximately 11 percent of its 53,374 public’s interest to have adequate time [Docket No. 151211999–6343–02] lb (24.2 mt) annual quota. At the current to comment on the payment RIN 0648–XG607 rate of fishing, the common pool fishery classifications assigned to the interim is not projected to fully harvest its APC assignments and/or status Fisheries of the Northeastern United annual quota for the stock by the end of indicators of new or replacement Level States; Northeast Multispecies the 2018 fishing year. A moderate II HCPCS codes included in the CY 2019 Fishery; Georges Bank Cod Trip Limit increase in the possession and trip OPPS/ASC final rule with comment Adjustment for the Common Pool limits for the stock will provide period. Fishery additional opportunities with little risk Furthermore, such procedures would AGENCY: National Marine Fisheries of exceeding the common pool quota of be unnecessary, as we are not altering Service (NMFS), National Oceanic and the stock. our payment methodologies or policies, Atmospheric Administration (NOAA), Effective November 29, 2018, the but rather, we are simply correcting the Commerce. possession and trip limit of GB cod is incorrect comment period end date. ACTION: Temporary rule; inseason increased, as summarized in Table 1. This correcting document is intended adjustment. Common pool groundfish vessels that solely to ensure that the comment have declared their trip through the period end date included in the CY SUMMARY: This action adjusts the vessel monitoring system (VMS) or 2019 OPPS/ASC final rule with possession and trip limits of Georges interactive voice response system, and comment period is correct for those Bank cod for Northeast multispecies crossed the VMS demarcation line prior items on which the public can submit common pool vessels for the remainder to November 29, 2018, may land at the public comments. For these reasons, we of the 2018 fishing year, in order to new possession and trip limits for that believe we have good cause to waive the ensure that the common pool fishery is trip. TABLE 1—CURRENT AND NEW POSSESSION AND TRIP LIMITS FOR GB COD Permit type Current possession/trip limits New possession/trip limits Day-At-Sea (DAS) .. 100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip (Outside of the East- 250 lb (113.4 kg) per DAS, up to 500 lb ern U.S./Canada Area). (226.8 kg) per trip. 100 lb (45.4 kg) per DAS, up to 500 lb (226.8 kg) per trip (Inside the Eastern U.S./Canada Area). Handgear A ............. 100 lb (45.4 kg) per trip ......................................................................................... 250 lb (113.4 kg) per trip. Handgear B ............. 25 lb (11.3 kg) per trip ........................................................................................... unchanged. Small Vessel Cat- 100 lb (45.4 kg) per trip ......................................................................................... 250 lb (113.4 kg) per trip. egory *. * The Small Vessel Category trip limit of 300 lb of cod, yellowtail flounder, and haddock combined remains in place. amozie on DSK3GDR082PROD with RULES VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1


Document Created: 2018-11-30 04:35:16
Document Modified: 2018-11-30 04:35:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesEffective date: This correction is effective November 29, 2018.
ContactMarjorie Baldo, (410) 786-4617.
FR Citation83 FR 61567 
RIN Number0938-AT30
CFR Citation42 CFR 416
42 CFR 419
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