Rule2021-26914
Medicare Program; End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, and End-Stage Renal Disease Treatment Choices Model; 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
December 14, 2021
Effective
January 1, 2022
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects a typographic error that appeared in the final rule published in the Federal Register on November 8, 2021 entitled "Medicare Program; End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, and End-Stage Renal Disease Treatment Choices Model."
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 237 (Tuesday, December 14, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Rules and Regulations]
[Pages 70982-70983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26914]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 413 and 512
[CMS-1749-CN]
RIN 0938-AU39
Medicare Program; End-Stage Renal Disease Prospective Payment
System, Payment for Renal Dialysis Services Furnished to Individuals
With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive
Program, and End-Stage Renal Disease Treatment Choices Model;
Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects a typographic error that appeared in
the final rule published in the Federal Register on November 8, 2021
entitled ``Medicare Program; End-Stage Renal Disease Prospective
Payment System, Payment for Renal Dialysis Services Furnished to
Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality
Incentive Program, and End-Stage Renal Disease Treatment Choices
Model.''
DATES: This correction is effective January 1, 2022.
[[Page 70983]]
FOR FURTHER INFORMATION CONTACT:
<a href="/cdn-cgi/l/email-protection#efaabcbdabbf8e96828a819baf8c829cc187879cc1888099"><span class="__cf_email__" data-cfemail="3e7b6d6c7a6e5f47535b504a7e5d534d1056564d10595148">[email protected]</span></a>, for issues related to the ESRD PPS and
coverage and payment for renal dialysis services furnished to
individuals with AKI.
<a href="/cdn-cgi/l/email-protection#490c1a1b0d08393925202a283d2026273a092a243a6721213a672e263f"><span class="__cf_email__" data-cfemail="fdb8aeafb9bc8d8d91949e9c899492938ebd9e908ed395958ed39a928b">[email protected]</span></a>, for issues related to the
Transitional Add-On Payment Adjustment for New and Innovative Equipment
and Supplies (TPNIES).
Delia Houseal, (410) 786-2724, for issues related to the ESRD QIP.
<a href="/cdn-cgi/l/email-protection#3e7b6a7d137d7373777e5d534d1056564d10595148"><span class="__cf_email__" data-cfemail="226776610f616f6f6b62414f510c4a4a510c454d54">[email protected]</span></a>, for issues related to the ESRD Treatment
Choices (ETC) Model.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021-23907 of November 8, 2021 (86 FR 61874), there was
a typographic error that is identified and corrected by the Correction
of Errors section below. The correction in this document is effective
as if it had been included in the document published November 8, 2021.
Accordingly, the correction is effective January 1, 2022.
II. Summary of Error
On page 61874, in the third sentence of the first column, we
inadvertently left the number ``412'' in the CFR citation at the top of
the document. Therefore, the number ``412'' should be deleted.
III. Waiver of Proposed Rulemaking
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we
can waive this notice and comment procedure if the Secretary finds, for
good cause, that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the notice.
Section 553(d) of the APA ordinarily requires a 30-day delay in
effective date of final rules after the date of their publication in
the Federal Register. This 30-day delay in effective date can be
waived, however, if an agency finds for good cause that the delay is
impracticable, unnecessary, or contrary to the public interest, and the
agency incorporates a statement of the findings and its reasons in the
rule issued.
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. This document corrects a typographic error and does
not make substantive changes to the policies or payment methodologies
that were adopted in the final rule. Thus, this correcting document is
intended to ensure that the information is accurately reflected in the
final rule.
Even if this were a rulemaking to which the notice and comment 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 calendar year (CY) 2022 End-Stage Renal Disease (ESRD) Prospective
Payment System (PPS) final rule or delaying the effective date of the
correction would be contrary to the public interest because it is in
the public interest to ensure that the rule accurately reflects our
policies as of the date they take effect. Further, such procedures
would be unnecessary because we are not making any substantive
revisions to the final rule, but rather, we are simply correcting the
Federal Register document to reflect the policies that we previously
proposed, received public comment on, and subsequently finalized in the
CY 2022 ESRD PPS final rule. For these reasons, we believe there is
good cause to waive the requirements for notice and comment and delay
in effective date.
IV. Correction of Errors
In FR Doc. 2021-23907 of November 8, 2021 (86 FR 61874), make the
following correction:
On page 61874, in the first column; in the third sentence, remove
the number ``412'' from the CFR citation.
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2021-26914 Filed 12-13-21; 8:45 am]
BILLING CODE 4120-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 14, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.