Rule2021-13324
Medicare Program: Comprehensive Care for Joint Replacement Model Three Year Extension and Changes to Episode Definition and Pricing; Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2021
Effective
July 2, 2021
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects technical errors that appeared in the final rule published in the May 3, 2021, Federal Register, titled "Medicare Program: Comprehensive Care for Joint Replacement Model Three Year Extension and Changes to Episode Definition and Pricing; Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency."
Full Text
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<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33135-33136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13324]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 510
[CMS-5529-CN]
RIN 0938-AU01
Medicare Program: Comprehensive Care for Joint Replacement Model
Three Year Extension and Changes to Episode Definition and Pricing;
Medicare and Medicaid Programs; Policy and Regulatory Revisions in
Response to the COVID-19 Public Health Emergency; Additional Policy and
Regulatory Revisions in Response to the COVID-19 Public Health
Emergency; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction.
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SUMMARY: This document corrects technical errors that appeared in the
final rule published in the May 3, 2021, Federal Register, titled
``Medicare Program: Comprehensive Care for Joint Replacement Model
Three Year Extension and Changes to Episode Definition and Pricing;
Medicare and Medicaid Programs; Policy and Regulatory Revisions in
Response to the COVID-19 Public Health Emergency; Additional Policy and
Regulatory Revisions in Response to the COVID-19 Public Health
Emergency.''
DATES: This correction is effective on July 2, 2021.
FOR FURTHER INFORMATION CONTACT: Heather Holsey, (410) 786-0028.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021-09097 of May 3, 2021 (86 FR 23496), there were
technical errors in the preamble that are identified and corrected in
this correcting document. The provisions in this correction document
apply as if they had been included in the document published May 3,
2021.
II. Summary of Errors
On page 23553, we stated that all Comprehensive Care for Joint
Replacement (CJR) model procedures, as of CY 2021, could be performed
in ambulatory surgical centers (ASCs), erroneously indicating that they
would all be paid for by Medicare. We failed to note the exception to
the ASC covered procedure list policy that excludes procedures that had
been on
[[Page 33136]]
the inpatient only (IPO) list as of December 31, 2020, which is
codified at 42 CFR 416.166(b)(2)(ii)(A). Therefore, we erroneously
suggested that total ankle replacement (TAR) is on the list of ASC
covered surgical procedures and can be paid for by Medicare when
performed in the ASC, whereas TAR is actually subject to the exception
at Sec. 416.166(b)(2)(ii)(A) and is not paid for by Medicare when
performed in the ASC. We are revising that paragraph in the preamble to
state that total knee arthroplasty (TKA) and total hip arthroplasty
(THA) are both on the ASC covered surgical procedures list, and we are
deleting the reference to TAR.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
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.
Specifically, 5 U.S.C. 553 requires the agency to publish a notice of
the proposed rule in the Federal Register that includes a reference to
the legal authority under which the rule is proposed, and the terms and
substance of the proposed rule or a description of the subjects and
issues involved. Further, 5 U.S.C. 553 requires the agency to give
interested parties the opportunity to participate in the rulemaking
through public comment before the provisions of the rule take effect.
Similarly, section 1871(b)(1) of the Social Security Act (the Act)
requires the Secretary to provide for notice of the proposed rule in
the Federal Register and provide a period of not less than 60 days for
public comment for rulemaking to carry out the administration of the
Medicare program under title XVIII of the Act. In addition, section
553(d) of the APA, and section 1871(e)(1)(B)(i) of the Act mandate a
30-day delay in effective date after issuance or publication of a rule.
Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from
the notice and comment and delay in effective date APA requirements. In
cases in which these exceptions apply, sections 1871(b)(2)(C) and
1871(e)(1)(B)(ii) of the Act, also provide exceptions from the notice
and 60-day comment period and delay in effective date requirements of
the Act. 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 are 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 rule
that would be subject to the notice and comment or delayed effective
date requirements of the APA or section 1871 of the Act. This
correcting document corrects technical errors in the preamble of the
final rule but does not make substantive changes to the policies that
were adopted in the final rule. As a result, this correcting document
is intended to ensure that the information in the final rule accurately
reflects the policies adopted in that final rule.
In addition, even if this were a rule 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 corrections 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 ensure that the final rule accurately reflects our
policies. Furthermore, such procedures would be unnecessary, as we are
not altering payment eligibility or benefit methodologies or policies,
but rather, simply correcting the preamble description of policies that
we previously proposed, received comment on, and subsequently
finalized. This correcting document is intended solely to ensure that
the final rule accurately reflects these policies. Therefore, we
believe we have good cause to waive the requirements for notice and
comment and delay of effective date.
IV. Correction of Errors
In FR Doc. 2021-09097 of May 3, 2021 (86 FR 23496), make the
following corrections:
1. On page 23553, second column, first partial paragraph,
a. Lines 6 through 11, the phrase ``remove TAR and certain other
orthopedic procedures from the IPO list and allow all procedures not on
the IPO list to be paid when furnished in both the outpatient hospital
and ASC settings'' is corrected to read ``add THAs to the ASC covered
procedures list''.
b. Lines 11 through 13, the phrase ``all procedures included in the
CJR model can, as of CY 2021, be performed in the ASC setting'' is
corrected to read ``both TKA and THA may, as of CY 2021, be paid for by
Medicare when furnished in the ASC setting''.
c. Line 15, the phrase ``hospital setting is corrected to read
``hospital settings.''
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2021-13324 Filed 6-23-21; 8:45 am]
BILLING CODE 4150-28-P
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</html>Indexed from Federal Register on June 24, 2021.
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