Rule2021-27853
Medicare Program; CY 2022 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Provider Enrollment Regulation Updates; Provider and Supplier Prepayment and Post-Payment Medical Review Requirements; 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 27, 2021
Effective
January 1, 2022
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 Federal Register on November 19, 2021 entitled "Medicare Program; CY 2022 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Provider Enrollment Regulation Updates; and Provider and Supplier Prepayment and Post- Payment Medical Review Requirements" (referred to hereafter as the "CY 2022 PFS final rule"). The effective date of the CY 2022 PFS final rule is January 1, 2022.
Full Text
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<title>Federal Register, Volume 86 Issue 245 (Monday, December 27, 2021)</title>
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[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Rules and Regulations]
[Pages 73157-73160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27853]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 403, 405, 410, 411, 414, 415, 423, 424, and 425
[CMS-1751-CN]
RIN 0938-AU42
Medicare Program; CY 2022 Payment Policies Under the Physician
Fee Schedule and Other Changes to Part B Payment Policies; Medicare
Shared Savings Program Requirements; Provider Enrollment Regulation
Updates; Provider and Supplier Prepayment and Post-Payment Medical
Review Requirements; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction.
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[[Page 73158]]
SUMMARY: This document corrects technical errors that appeared in the
final rule published in the Federal Register on November 19, 2021
entitled ``Medicare Program; CY 2022 Payment Policies Under the
Physician Fee Schedule and Other Changes to Part B Payment Policies;
Medicare Shared Savings Program Requirements; Provider Enrollment
Regulation Updates; and Provider and Supplier Prepayment and Post-
Payment Medical Review Requirements'' (referred to hereafter as the
``CY 2022 PFS final rule''). The effective date of the CY 2022 PFS
final rule is January 1, 2022.
DATES: This correction is effective January 1, 2022.
FOR FURTHER INFORMATION CONTACT: Terri Plumb, (410) 786-4481, Gaysha
Brooks, (410) 786-9649, or Annette Brewer (410) 786-6580.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021-23972 of November 19, 2021, the CY 2022 PFS final
rule (86 FR 64996), there were technical errors that are identified and
corrected in this correcting document. These corrections are effective
as if they had been included in the CY 2022 PFS final rule.
Accordingly, the corrections are effective January 1, 2022.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 65320, in Table 39: MDPP Payment Structure, lines 7 and 9,
we made typographical errors in the final payment rate for Core
Maintenance (CM) Session (Months 7-12) for entries Attend 2 Core
Maintenance Sessions (No 5% WL) in CM Interval 1 (Months 7-9)) and
(Attend 2 Core Maintenance Sessions (No 5% WL) in CM Interval 2 (Months
10-12)).
On page 65324, second column, first partial paragraph, line 26, we
made a typographical error in the core maintenance sessions amount.
B. Summary of Errors in the Regulations Text
On page 65668, third column, line 4 contains a typographical error.
On page 65670, second column, line 41 contains a typographical
error in the paragraph designation.
On page 65670, second column, lines 44 through 45 contain a
typographical error in the paragraph designation.
On page 65673, third column, lines 4 through 5 contain
typographical errors.
On page 65673, third column, lines 57 through 58 contain
typographical errors.
On page 65673, third column, line 66 contains typographical errors.
C. Summary of Errors in the Addenda
On page 65702, B.1 Allergy/Immunology, eighth column, second full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 6, contains a typographical error.
On page 65725, B.9 Dermatology, eighth column, second full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, contains a typographical error.
On page 65730, B.11 Emergency Medicine, eighth column, seventh full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 6, contains a typographical error.
On page 65743, B.13 Family Medicine, eighth column, first full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 8, contains a typographical error.
On page 65751, B.14 Gastroenterology, eighth column, third full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 7, contains a typographical error.
On page 65753, B.15 General Surgery, eighth column, sixth full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 6, contains a typographical error.
On page 65768, B.19 Internal Medicine, eighth column, fifth full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, lines 7 and 8, contain a typographical error.
On page 65779, B.21 Mental/Behavioral, eighth column, third full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 7, contains a typographical error.
On page 65783, B.22 Nephrology, eighth column, third full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, contains a typographical error.
On page 65787, B.23 Neurology, eighth column, seventh full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, contains a typographical error.
On page 65800, B.26 Obstetrics/Gynecology, eighth column, third
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, line 10, contains a typographical
error.
On page 65805, B.27 Oncology/Hematology, eighth column, fifth full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 8, contains a typographical error.
On page 65817, B.29 Orthopedic Surgery, eighth column, second full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 8, contains a typographical error.
On page 65824, B.30 Otolaryngology, eighth column, second full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, lines 7 and 8, contain a typographical error.
On page 65833, B.33 Physical Medicine, eighth column, second full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, lines 7 and 8, contain a typographical error.
On page 65841, B.35 Plastic Surgery eighth column, third full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, lines 7 and 8, contain a typographical error.
On page 65849, B.37 Preventive Medicine, eighth column, second full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, lines 7 and 8, contain a typographical error.
On page 65856, B.39 Rheumatology, eighth column, fourth full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, contains a typographical error.
On page 65859, B.40 Skilled Nursing Facility, eighth column, fifth
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, line 6, contains a typographical
error.
On page 65865, B.42 Thoracic Surgery, seventh column, fourth full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, lines 8 and 9, contain a typographical error.
On page 65867, B.43 Urgent Care, eighth column, second full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, lines 7 and 8, contain a typographical error.
On page 65870, B.44 Urology, eighth column, fifth full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, contains a typographical error.
On page 65875, B.45 Vascular Surgery, eighth column, fifth full
row, Preventive Care and Screening: Screening for High Blood Pressure
and
[[Page 73159]]
Follow-up Documented, line 7, contains a typographical error.
On page 65967, D.87: Preventive Care and Screening: Screening for
High Blood Pressure and Follow-up Documented, the Current Measure
Description for Quality # 317 contains a typographical error.
On page 65979, Table B: Changes to Previously Adopted Improvement
Activities for the CY 2022 Performance Period/2024 MIPS Payment Year
and Future Years, second column, fifth full row, an inadvertent error
was made noting the current weighting of this Current Improvement
Activity.
On page 65980, Table B: Changes to Previously Adopted Improvement
Activities for the CY 2022 Performance Period/2024 MIPS Payment Year
and Future Years, second column, fifth full row, an inadvertent error
was made noting the weighting of this Finalized Improvement Activity.
On page 65998, footnote 287, an inadvertent error was made noting
the section of the rule regarding the MVP implementation timeline.
III. Waiver of Proposed Rulemaking
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the
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 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. 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 APA notice and
comment, and delay in effective date 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 notice and comment rulemaking procedures
for good cause if the agency makes a finding that the notice and
comment process is impracticable, unnecessary, or contrary to the
public interest, and includes a statement of the finding and the
reasons for it in the rule. In addition, section 553(d)(3) of the APA
and section 1871(e)(1)(B)(ii) allow the agency to avoid the 30-day
delay in effective date where such delay is contrary to the public
interest and the agency includes in the rule a statement of the finding
and the reasons for it.
In our view, this correcting document does not constitute a
rulemaking that would be subject to these requirements. This document
merely corrects technical errors in the CY 2022 PFS final rule. The
corrections contained in this document are consistent with, and do not
make substantive changes to, the policies and payment methodologies
that were proposed, subject to notice and comment procedures, and
adopted in the CY 2022 PFS final rule. As a result, the corrections
made through this correcting document are intended to resolve
inadvertent errors so that the rule accurately reflects the policies
adopted 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 corrections in
this document into the CY 2022 PFS final rule or delaying the effective
date of the corrections 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 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. 2021-23972 of November 19, 2021 (86 FR 64996) make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 65320, in Table 39: MDPP Payment Structure, lines 7 and
9, the listed entries are corrected to read as follows:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Core Maintenance (CM) Sessions (Months 7-12)
----------------------------------------------------------------------------------------------------------------
Attend 2 Core Maintenance Sessions (No 5% WL) in CM Interval 1 $15 $52 $70
(Months 7-9)...................................................
Attend 2 Core Maintenance Sessions (No 5% WL) in CM Interval 2 $15 $52 $70
(Months 10-12).................................................
----------------------------------------------------------------------------------------------------------------
2. On page 65324, second column, first partial paragraph, line 26,
the phrase that reads ``sessions to from $52.00 to $75.00.'' is
corrected to read ``sessions from $52.00 to $70.00.''
B. Correction of Errors in the Regulations Text
Sec. 414.84 [Corrected]
0
1. On page 65668, third column, in Sec. 414.84, in paragraph
(b)(4)(ii)(A), the text ``December 31, 2022 the amount is $75'' is
corrected to read ``December 31, 2022 the amount is $70.''.
Sec. 414.1305 [Corrected]
0
2. On page 65670, second column, in Sec. 414.1305, in the definition
of ``MIPS eligible clinician,'' the second paragraph (3)(ii) and
paragraph (3)(vii) are redesignated as paragraphs (3)(iii) and (iv),
respectively.
Sec. 414.1380 [Corrected]
0
3. On page 65673, third column, in Sec. 414.1380:
0
i. In paragraph (b)(1)(i) introductory text, the text ``the CY 2017
through 2021 performance periods/2019 through 2023 MIPS'' is corrected
to read ``the CY 2017 through 2022 performance periods/2019 through
2024 MIPS''.
0
ii. In paragraph (b)(1)(i)(A)(1):
0
A. The text ``the CY 2017 through 2021 MIPS performance periods/2019
through 2023'' is corrected to read ``the CY 2017 through 2022
performance periods/2019 through 2024''.
0
B. The text ``CY 2022 performance period/2024'' is corrected to read
``the CY 2023 performance period/2025''.
C. Correction of Errors in the Addenda
1. On page 65702, B.1 Allergy/Immunology, eighth column, second
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, line 6, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
2. On page 65725, B.9 Dermatology, eighth column, second full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
[[Page 73160]]
3. On page 65730, B.11 Emergency Medicine, eighth column, seventh
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, line 6, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
4. On page 65743, B.13 Family Medicine, eighth column, first full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 8, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
5. On page 65751, B.14 Gastroenterology, eighth column, third full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
6. On page 65753, B.15 General Surgery, eighth column, sixth full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 6, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
7. On page 65768, B.19 Internal Medicine, eighth column, fifth full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
8. On page 65779, B.21 Mental/Behavioral, eighth column, third full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
9. On page 65783, B.22 Nephrology, eighth column, third full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
10. On page 65787, B.23 Neurology, eighth column, seventh full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
11. On page 65800, B.26 Obstetrics/Gynecology, eighth column, third
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, line 10, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
12. On page 65805, B.27 Oncology/Hematology, eighth column, fifth
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, line 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
13. On page 65817, B.29 Orthopedic Surgery, eighth column, second
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, line 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
14. On page 65824, B.30 Otolaryngology, eighth column, second full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
15. On page 65833, B.33 Physical Medicine, eighth column, second
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
16. On page 65841, B.35 Plastic Surgery eighth column, third full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
17. On page 65849, B.37 Preventive Medicine, eighth column, second
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
18. On page 65856, B.39 Rheumatology, eighth column, fourth full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
19. On page 65859, B.40 Skilled Nursing Facility, eighth column,
fifth full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, line 6, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
20. On page 65865, B.42 Thoracic Surgery, seventh column, fourth
full row, Preventive Care and Screening: Screening for High Blood
Pressure and Follow-up Documented, lines 8 and 9, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
21. On page 65867, B.43 Urgent Care, eighth column, second full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, lines 7 and 8, the phrase ``pre-
hypertensive'' is corrected to read ``elevated''.
22. On page 65870, B.44 Urology, eighth column, fifth full row,
Preventive Care and Screening: Screening for High Blood Pressure and
Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
23. On page 65875, B.45 Vascular Surgery, eighth column, fifth full
row, Preventive Care and Screening: Screening for High Blood Pressure
and Follow-up Documented, line 7, the phrase ``pre-hypertensive'' is
corrected to read ``elevated''.
24. On page 65967, D.87: Preventive Care and Screening: Screening
for High Blood Pressure and Follow-up Documented, second column,
Description, sixth full row, Current Measure Description, line 2, the
phrase ``pre-hypertensive'' is corrected to read ``elevated''.
25. On page 65979, Table B: Changes to Previously Adopted
Improvement Activities for the CY 2022 Performance Period/2024 MIPS
Payment Year and Future Years, second column, IA_AHE_1, fifth full row,
of this Current Improvement Activity, Current Weighting, the phrase
``Medium'' should be corrected to read ``High''.
26. On page 65980, Table B: Changes to Previously Adopted
Improvement Activities for the CY 2022 Performance Period/2024 MIPS
Payment Year and Future Years, second column, IA_AHE_1, fifth full row,
of this Finalized Improvement Activity, Weighting, the phrase
``Medium'' should be corrected to read ``High''.
27. On page 65998, footnote 287, that reads ``See section
IV.A.3.b.(2)(d) of this final rule for additional details regarding the
MVP implementation timeline'' is corrected to read: ``See section
IV.A.3.b.(2)(c) of this final rule for additional details regarding the
MVP implementation timeline.''
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2021-27853 Filed 12-23-21; 8:45 am]
BILLING CODE 4120-01-P
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