Rule2024-01094
Medicare Program; Calendar Year (CY) 2024 Home Health (HH) Prospective Payment System Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin Items and Services; Hospice Informal Dispute Resolution and Special Focus Program Requirements, Certain Requirements for Durable Medical Equipment Prosthetics and Orthotics Supplies; and Provider and Supplier Enrollment 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
January 31, 2024
Effective
January 31, 2024
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects technical errors in the final rule that appeared in the November 13, 2023 Federal Register titled "Medicare Program; Calendar Year (CY) 2024 Home Health (HH) Prospective Payment System Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin Items and Services; Hospice Informal Dispute Resolution and Special Focus Program Requirements, Certain Requirements for Durable Medical Equipment Prosthetics and Orthotics Supplies; and Provider and Supplier Enrollment Requirements" (referred to hereafter as the "CY 2024 HH PPS final rule").
Full Text
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<title>Federal Register, Volume 89 Issue 21 (Wednesday, January 31, 2024)</title>
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[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Rules and Regulations]
[Pages 6019-6021]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01094]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 409, 410, 414, 424, 484, 488, and 489
[CMS-1780-CN]
RIN 0938-AV03
Medicare Program; Calendar Year (CY) 2024 Home Health (HH)
Prospective Payment System Rate Update; HH Quality Reporting Program
Requirements; HH Value-Based Purchasing Expanded Model Requirements;
Home Intravenous Immune Globulin Items and Services; Hospice Informal
Dispute Resolution and Special Focus Program Requirements, Certain
Requirements for Durable Medical Equipment Prosthetics and Orthotics
Supplies; and Provider and Supplier Enrollment Requirements; 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 in the final rule that
appeared in the November 13, 2023 Federal Register titled ``Medicare
Program; Calendar Year (CY) 2024 Home Health (HH) Prospective Payment
System Rate Update; HH Quality Reporting Program Requirements; HH
Value-Based Purchasing Expanded Model Requirements; Home Intravenous
Immune Globulin Items and Services; Hospice Informal Dispute Resolution
and Special Focus Program Requirements, Certain Requirements for
Durable Medical Equipment Prosthetics and Orthotics Supplies; and
Provider and Supplier Enrollment Requirements'' (referred to hereafter
as the ``CY 2024 HH PPS final rule'').
DATES: Effective date: This correcting document is effective January
31, 2024.
FOR FURTHER INFORMATION CONTACT: For questions about the Home Health
Quality Reporting Program (HH QRP), send your inquiry via email to
<a href="/cdn-cgi/l/email-protection#84ccccd5d6d4f5f1e1f7f0edebeaf7c4e7e9f7aaececf7aae3ebf2"><span class="__cf_email__" data-cfemail="6d25253c3f3d1c18081e190402031e2d0e001e4305051e430a021b">[email protected]</span></a>.
For questions about the expanded Home Health Value-Based Purchasing
Model, please visit the Expanded HHVBP Model web page at <a href="https://innovation.cms.gov/innovation-models/expanded-home-health-value-based-purchasing-model">https://innovation.cms.gov/innovation-models/expanded-home-health-value-based-purchasing-model</a>; send your inquiry via email to
<a href="/cdn-cgi/l/email-protection#ade5e5fbeffddcd8c8ded9c4c2c3deedcec0de83c5c5de83cac2db"><span class="__cf_email__" data-cfemail="4008081602103135253334292f2e3300232d336e2828336e272f36">[email protected]</span></a>; or call Marcie O'Reilly at (410) 786-9764.
For questions about the hospice informal dispute resolution send
inquiries to <a href="/cdn-cgi/l/email-protection#58090b171f0710372b28313b3d183b352b7630302b763f372e"><span class="__cf_email__" data-cfemail="3f6e6c70786077504c4f565c5a7f5c524c1157574c11585049">[email protected]</span></a>, and for the special focus
program, send your inquiry to <a href="/cdn-cgi/l/email-protection#652628363a2d0a16150c0600362335250608164b0d0d164b020a13"><span class="__cf_email__" data-cfemail="490a041a1601263a39202a2c1a0f19092a243a6721213a672e263f">[email protected]</span></a>, or call
Thomas Pryor at (410) 786-1332.
SUPPLEMENTARY INFORMATION:
I. Background
This correcting document identifies and corrects errors in FR Doc.
2023-24455 of November 13, 2023 (88 FR 77676). The corrections in this
correcting document are effective January 1, 2024, as if they had been
included in the document that appeared in the November 13, 2023,
Federal Register.
II. Summary of Errors
On pages 77680, 77761, 77767, and 77851 in our discussion of the
Home Health Quality Reporting Program (HH QRP), we made several
typographical errors.
On pages 77778 and 77779, in a table regarding the proposed
measures for the Home Health Value-Based Purchasing Model (HHVBP), we
made typographical and technical errors.
On pages 77801, 77802, and 77807, in our discussion of the Hospice
Informal Dispute Resolution and Special Focus Program, we made several
typographical and technical errors.
We are correcting these errors in section IV. of this correcting
document.
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 Social Security Act (the Act)
requires the Secretary to provide for notice of the proposed rulemaking
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 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
[[Page 6020]]
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 technical errors in
the preamble of the CY 2024 HH PPS final rule 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 CY 2024 HH 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 information regarding the relevant
Medicare payment policy in as timely a manner as possible, and to
ensure that the CY 2024 HH 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 CY
2024 HH 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 for changes effective on January 1, 2024,
because it is in the public's interest for providers to receive
information regarding the relevant Medicare payment policy in as timely
a manner as possible, and to ensure that the CY 2024 HH PPS final rule
accurately reflects our policies.
IV. Correction of Errors
In FR Doc. 2023-24455 of November 13, 2023 (88 FR 77676), make the
following corrections:
1. On page 77680, top of the page, the table titled ``Table Al:
Summary of Costs, Transfers, and Benefits'', second row (HH QRP), third
column (Transfers), line 6, the phrase ``M2220--Therapy Needs'' is
corrected to read ``M2200--Therapy Need''.
2. On page 77761, first column, second full paragraph, line 6, the
date ``April 1, 2024'' is corrected to read ``April 1, 2023''.
3. On page 77767, in the third column,
a. First partial paragraph, line 7, the date ``April 1, 2024'' is
corrected to read ``April 1, 2023''.
b. First full paragraph, line 6, the date ``April 1, 2024'' is
corrected to read ``April 1, 2023''.
4. On page 77778, in the table titled ``TABLE D2: PROPOSED MEASURE
SET FOR THE EXPANDED HHVBP MODEL'', columns 3 (Numerator) and 4
(Denominator) for the listed entries are corrected to read as follows:
BILLING CODE 4120-01-P
[[Page 6021]]
[GRAPHIC] [TIFF OMITTED] TR31JA24.077
5. On page 77779, following the table titled ``Table D2: Proposed
Measure Set for the Expanded HHVBP Model'', table note 3 `` \3\ <a href="https://www.cms.gov/files/document/hh-qrp-specificationspotentiallypreventablehospitalizations.pdf">https://www.cms.gov/files/document/hh-qrp-specificationspotentiallypreventablehospitalizations.pdf</a>'' is corrected
to read `` \3\ <a href="https://www.cms.gov/files/document/home-health-outcome-measures-table-oasis-e2023.pdf">https://www.cms.gov/files/document/home-health-outcome-measures-table-oasis-e2023.pdf</a>''.
6. On page 77801, first column, first partial paragraph, line 4,
the phrase ``the iQIES).'' is corrected to read ``the iQIES.''.
7. On page 77802,
a. First column, first full paragraph, line 32, the phrase ``
`Sometimes';'' is corrected to read `` `Sometimes'.''.
b. Second column, first full paragraph, line 11, the phrase ``top-
box option: 9-10)'' is corrected to read ``top-box options: 9-10)''.
8. On page 77807, second column, second full paragraph, line 5, the
term ``BBVs'' is corrected to read ``bottom-box scores''.
9. On page 77851, top half of the page, first column, sixth full
paragraph, lines 6 and 7, the date ``April 1, 2024'' is corrected to
read ``April 1, 2023,''.
Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2024-01094 Filed 1-30-24; 8:45 am]
BILLING CODE 4120-01-C
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