Rule2021-26069
Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2022 Rates; Quality Programs and Medicare Promoting Interoperability Program Requirements for Eligible Hospitals and Critical Access Hospitals; Changes to Medicaid Provider Enrollment; and Changes to the Medicare Shared Savings Program; 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
November 30, 2021
Effective
November 29, 2021
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects typographical errors in the final rule that appeared in the August 13, 2021, Federal Register as well as additional typographical errors in a related correcting amendment that appeared in the October 20, 2021, Federal Register. The final rule was titled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2022 Rates; Quality Programs and Medicare Promoting Interoperability Program Requirements for Eligible Hospitals and Critical Access Hospitals; Changes to Medicaid Provider Enrollment; and Changes to the Medicare Shared Savings Program''.
Full Text
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<title>Federal Register, Volume 86 Issue 227 (Tuesday, November 30, 2021)</title>
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[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Rules and Regulations]
[Pages 67874-67876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26069]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 413
[CMS-1752-CN2 and CMS-1762-CN2]
RINs 0938-AU44 and 0938-AU56
Medicare Program; Hospital Inpatient Prospective Payment Systems
for Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Policy Changes and Fiscal Year 2022 Rates; Quality
Programs and Medicare Promoting Interoperability Program Requirements
for Eligible Hospitals and Critical Access Hospitals; Changes to
Medicaid Provider Enrollment; and Changes to the Medicare Shared
Savings Program; 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 typographical errors in the final rule
that appeared in the August 13, 2021, Federal Register as well as
additional typographical errors in a related correcting amendment that
appeared in the October 20, 2021, Federal Register. The final rule was
titled ``Medicare Program; Hospital Inpatient Prospective Payment
Systems for Acute Care Hospitals and the Long Term Care Hospital
Prospective Payment System and Policy Changes and Fiscal Year 2022
Rates; Quality Programs and Medicare Promoting Interoperability Program
Requirements for Eligible Hospitals and Critical Access Hospitals;
Changes to Medicaid Provider Enrollment; and Changes to the Medicare
Shared Savings Program''.
DATES:
Effective date: This correcting document is effective on November
29, 2021.
Applicability date: This correcting document is applicable for
discharges beginning October 1, 2021.
FOR FURTHER INFORMATION CONTACT: Allison Pompey, (410) 786-2348, New
Technology Add-On Payment Issues.
SUPPLEMENTARY INFORMATION:
I. Background
In the final rule which appeared in the August 13, 2021, Federal
Register (86 FR 44774) entitled ``Medicare Program; Hospital Inpatient
Prospective Payment Systems for Acute Care Hospitals and the Long Term
Care Hospital Prospective Payment System and Policy Changes and Fiscal
Year 2022 Rates; Quality Programs and Medicare Promoting
Interoperability Program Requirements for Eligible Hospitals and
Critical Access Hospitals; Changes to Medicaid Provider Enrollment; and
Changes to the Medicare Shared Savings Program'' (hereinafter referred
to as the FY 2022 IPPS/LTCH PPS final rule), there were a number of
technical and typographical errors. To correct the typographical and
technical errors in the FY 2022 IPPS/LTCH PPS final rule, we published
a correcting document that appeared in the October 20, 2021, Federal
Register (86 FR 58019) (hereinafter referred to as the FY 2022 IPPS/
LTCH PPS correcting amendment).
In FR Doc. 2021-22724 of October 20, 2021 (86 FR 58019), there was
an inadvertent omission and typographical error that are identified and
corrected in this correcting document. This document also corrects
additional typographical errors in FR Doc. 2021-16519 of August 13,
2021 (86 FR 44774). The corrections in this correcting document are
applicable to discharges occurring on or after October 1, 2021, as if
they had been included in the document that appeared in the August 13,
2021, Federal Register .
II. Summary of Errors
A. Summary of Errors in the FY 2022 IPPS/LTCH PPS Final Rule
On page 44974, in the table displaying the continuation of
technologies approved for FY 2021 new technology add-on payments and
still considered new for FY 2022, we are correcting inadvertent
typographical errors in the coding used to identify cases involving the
use of the BAROSTIM NEO\TM\ System that are eligible for new technology
add-on payments.
B. Summary of Errors in the FY 2022 IPPS/LTCH PPS Correcting Document
On page 58023 in section IV.A. of the FY 2022 IPPS/LTCH PPS
correcting amendment, we inadvertently omitted corrections to pages
45133, 45150, and 45157 of the FY 2022 IPPS/LTCH PPS final rule, as
summarized on page 58019 in section II.A. of the FY 2022 IPPS/LTCH PPS
correcting amendment. We are also correcting an inadvertent
typographical error in the coding used to identify cases involving the
use of RECARBRIO\TM\ that are eligible for new technology add-on
payments.
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 rulemaking
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 rulemaking in the Federal Register
and provide a
[[Page 67875]]
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) 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 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 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 final rule correction does not constitute a
rule that would be subject to the notice and comment or delayed
effective date requirements. This document corrects typographical
errors in the FY 2022 IPPS/LTCH PPS final rule and the FY 2022 IPPS/
LTCH PPS final rule correcting amendment, but does not make substantive
changes to the policies or payment methodologies that were adopted in
the final rule. As a result, this final rule correction is intended to
ensure that the information in the FY 2022 IPPS/LTCH PPS final rule
accurately reflects the policies adopted in that document.
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 for providers to receive appropriate payments in as timely a
manner as possible, and to ensure that the FY 2022 IPPS/LTCH PPS final
rule accurately reflects our policies. Furthermore, such procedures
would be unnecessary, as we are not altering our payment methodologies
or policies, but rather, we are simply implementing correctly the
methodologies and policies that we previously proposed, requested
comment on, and subsequently finalized. This final rule correction is
intended solely to ensure that the FY 2022 IPPS/LTCH PPS final rule
accurately reflects these payment methodologies and policies.
Therefore, we believe we have good cause to waive the notice and
comment and effective date requirements. Moreover, even if these
corrections were considered to be retroactive rulemaking, they would be
authorized under section 1871(e)(1)(A)(ii) of the Act, which permits
the Secretary to issue a rule for the Medicare program with retroactive
effect if the failure to do so would be contrary to the public
interest. As we have explained previously, we believe it would be
contrary to the public interest not to implement the corrections in
this final rule correction because it is in the public's interest for
providers to receive appropriate payments in as timely a manner as
possible, and to ensure that the FY 2022 IPPS/LTCH PPS final rule
accurately reflects our policies.
IV. Correction of Errors
A. Correction of Errors in the Final Rule
In FR Doc. 2021-16519 of August 13, 2021(86 FR 44774), we are
making the following corrections:
1. On page 44974, in the table titled ``Continuation of
Technologies Approved for FY 2021 New Technology Add-On Payments and
Still Considered New for FY 2022, the entry in row 3 is corrected to
read as follows:
[GRAPHIC] [TIFF OMITTED] TR30NO21.045
B. Correction of Errors in the Correcting Document
In FR Doc. 2021-22724 of October 20, 2021 (86 FR 58019), we are
making the following corrections:
1. On page 58023, lower half of the page (following the table),
third column:
a. Preceding the beginning of the partial paragraph (before item
10), the paragraph is corrected by adding items 7 through 9 to read as
follows:
``7. On page 45133, top of the page,
a. First column, partial paragraph,
(1) Line 4, the figure ``$31,500'' is corrected to read
``$63,000''.
(2) Line 5, the figure ``$10,500'' is corrected to read
``$21,000''.
b. Second column, partial paragraph, last line, the figure
``$20,475'' is corrected to read ``$40,950''.
8. On page 45150, second column, last full paragraph, lines 27
through 31, the phrase ``in combination with one of the following ICD-
10-CM codes: D65 (Disseminated intravascular coagulation) or D68.2
(Hereditary deficiency of other clotting factors).'' is corrected to
read ``in combination with one of the following ICD-10-CM codes: D62
(Acute posthemorrhagic anemia), D65 (Disseminated intravascular
coagulation), D68.2 (Hereditary deficiency of other clotting factors),
D68.4 (Acquired coagulation factor deficiency) or D68.9 (Coagulation
defect, unspecified).''.
[[Page 67876]]
9. On page 45157, top third of the page, first column, first
partial paragraph, last line, the phrase, ``technology group 6).'' is
corrected to read ``technology group 6) in combination with the
following ICD-10-CM codes: Y95 (Nosocomial condition) and one of the
following: J14 (Pneumonia due to Hemophilus influenzae) J15.0
(Pneumonia due to Klebsiella pneumoniae), J15.1 (Pneumonia due to
Pseudomonas), J15.5 (Pneumonia due to Escherichia coli), J15.6
(Pneumonia due to other Gram-negative bacteria), J15.8 (Pneumonia due
to other specified bacteria), or J95.851 (Ventilator associated
pneumonia) and one of the following: B96.1 (Klebsiella pneumoniae [K.
pneumoniae] as the cause of diseases classified elsewhere), B96.20
(Unspecified Escherichia coli [E. coli] as the cause of diseases
classified elsewhere), B96.21 (Shiga toxin-producing Escherichia coli
[E. coli] [STEC] O157 as the cause of diseases classified elsewhere),
B96.22 (Other specified Shiga toxin-producing Escherichia coli [E.
coli] [STEC] as the cause of diseases classified elsewhere), B96.23
(Unspecified Shiga toxin-producing Escherichia coli [E. coli] [STEC] as
the cause of diseases classified elsewhere, B96.29 (Other Escherichia
coli [E. coli] as the cause of diseases classified elsewhere), B96.3
(Hemophilus influenzae [H. influenzae] as the cause of diseases
classified elsewhere, B96.5 (Pseudomonas (aeruginosa) (mallei)
(pseudomallei) as the cause of diseases classified elsewhere), or
B96.89 (Other specified bacterial agents as the cause of diseases
classified elsewhere).''
b. Within the partial paragraph (item 10), line 8, the code number
``J14.0'' is corrected to read ``J14''.
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2021-26069 Filed 11-29-21; 8:45 am]
BILLING CODE 4120-01-P
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