Rule2024-13795
Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting; 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, 2024
Effective
June 21, 2024
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects typographical and technical errors in the final rule that appeared in the May 10, 2024 Federal Register, entitled "Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting (referred to hereafter as the "Minimum Staffing final rule"). The effective date of the Minimum Staffing final rule is June 21, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 121 (Monday, June 24, 2024)</title>
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[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Rules and Regulations]
[Pages 52392-52396]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13795]
[[Page 52392]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 438, 442, and 483
[CMS-3442-F; CMS-3442-CN]
RIN 0938-AV25
Medicare and Medicaid Programs; Minimum Staffing Standards for
Long-Term Care Facilities and Medicaid Institutional Payment
Transparency Reporting; 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 and technical errors in
the final rule that appeared in the May 10, 2024 Federal Register,
entitled ``Medicare and Medicaid Programs; Minimum Staffing Standards
for Long-Term Care Facilities and Medicaid Institutional Payment
Transparency Reporting (referred to hereafter as the ``Minimum Staffing
final rule''). The effective date of the Minimum Staffing final rule is
June 21, 2024.
DATES: This document is effective June 21, 2024.
FOR FURTHER INFORMATION CONTACT: The Clinical Standard Group's Long
Term Care Team at <a href="/cdn-cgi/l/email-protection#9cd4f9fdf0e8f4fdf2f8cffdfaf9e8e5d5f2ede9f5eef5f9efdcfff1efb2f4f4efb2fbf3ea"><span class="__cf_email__" data-cfemail="c880ada9a4bca0a9a6ac9ba9aeadbcb181a6b9bda1baa1adbb88aba5bbe6a0a0bbe6afa7be">[email protected]</span></a> for information
related to the minimum staffing standards. Anne Blackfield, (410) 786-
8518, for information related to Medicaid institutional payment
transparency reporting.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024-08273 of May 10, 2024 (89 FR 40876), there were
typographical and technical errors that are identified and corrected in
this correcting document. These corrections are effective as if they
had been included in the Minimum Staffing final rule. Accordingly, the
corrections are effective June 21, 2024.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 40876, we made a typographical error in the implementation
date for Sec. Sec. 438.72(a) and 442.43 that must be implemented by
all States and territories with Medicaid-certified nursing facilities
and intermediate care facilities for individuals with intellectual
disabilities.
On page 40895, we included an incorrect citation at footnote number
62.
On page 40898, Table 2: Requirements for the LTC Staffing Statutory
Waivers by Facility Type, portions of the table content were omitted.
On page 40901, we included incorrect links for the Bureau of Labor
Statistic's Occupational Employment and Wage Statistics Query System
and the data source used to calculate the population for each MSA or
non-MSA using population estimates from the United States Census
Bureau.
On page 40909 we included an incorrect citation at footnote number
67.
On page 40911, we made an error in describing the Census Bureau
definition of ``urban'' as one that used ``counties'' for the unit of
measure.
On pages 40919, 40920, 40923, and 40929, we made typographical
errors in regulatory citations.
On page 40930, we made a typographical error in a reference to page
numbers in the Federal Register.
On pages 40931 and 40932, we made typographical errors in
regulatory citations.
On page 40934, we made typographical errors in the summary of
regulatory language changes.
On page 40935, we included an incorrect link for the May 2022
National Occupational Employment and Wage Statistics.
On page 40948, we included an incorrect citation at footnote number
96.
On page 40949, we included an incorrect table number reference.
On page 40992, we included incorrect links for the May 2022
National Occupational Employment and Wage Statistics.
B. Summary of Errors in the Regulation Text
On page 40995, in the regulation text for Sec. 442.43(b), we made
a reference to ``State directed payments as defined in Sec. 438.6(c)
of this chapter''. However, this definition of State directed payments
was moved to Sec. 438.2 in the Managed Care Access, Finance, and
Quality final rule (89 FR 41002). We are correcting this error.
On page 40998, in the regulation text for Sec. 483.35(h)(2)(iv),
we made an incorrect cross-reference to Sec. 483.71(b)(4), which does
not exist.
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. In
addition, section 553(d) of the APA mandates a 30-day delay in
effective date after issuance or publication of a substantive 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.
Section 553(b)(B) of the APA authorizes 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.
Similarly, section 553(d)(3) of the APA allows the agency to avoid the
30-day delay in effective date where good cause is found 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 Minimum
Staffing final rule. The corrections contained in this document are
consistent with, and do not make substantive changes to, the policies
that were proposed, subject to notice and comment procedures, and
adopted in the Minimum Staffing 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 Minimum Staffing 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 the Preamble
In FR Doc. 2024-08273 of May 10, 2024 (89 FR 40876), make the
following corrections:
[[Page 52393]]
A. Correction of Errors in the Preamble
1. On page 40876, first column, sixth paragraph under the heading
DATES, lines 1 through 7, the sentence that reads ``The regulations at
Sec. Sec. 438.72(a) and 442.43 must be implemented by all States and
territories with Medicaid-certified nursing facilities and intermediate
care facilities for individuals with intellectual disabilities
beginning May 10, 2028.'' is corrected to read ``The regulations at
Sec. Sec. 438.72(a) and 442.43 must be implemented by all States and
territories with Medicaid-certified nursing facilities and intermediate
care facilities for individuals with intellectual disabilities
beginning June 21, 2028.''.
2. On page 40895, footnote number 62 that reads ``42 CFR 483.35,
<a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/02/28/factsheet-protecting-seniors-and-people-withdisabilities-by-improving-safety-and-quality-of-carein-the-nations-nursing-homes/">https://www.whitehouse.gov/briefing-room/statements-releases/2022/02/28/factsheet-protecting-seniors-and-people-withdisabilities-by-improving-safety-and-quality-of-carein-the-nations-nursing-homes/</a>.'' is
corrected to read ``42 CFR 483.35(b)(1)''.
3. On page 40898, Table 2, is corrected to read:
[[Page 52394]]
[GRAPHIC] [TIFF OMITTED] TR24JN24.400
[[Page 52395]]
[GRAPHIC] [TIFF OMITTED] TR24JN24.401
4. On page 40901, third column, first partial paragraph,
a. Lines 19 and 20, the parenthetical that reads ``(available at
<a href="https://data.bls.gov/oes/#/home">https://data.bls.gov/oes/#/home</a>)'' is corrected to read ``(available at
<a href="https://www.bls.gov/oes/tables.htm">https://www.bls.gov/oes/tables.htm</a>)''.
b. Lines 26 through 29, the parenthetical that reads ``(available
at <a href="https://www.census.gov/data/tables/timeseries/demo/popest/2020s-countiestotal.html#v2022">https://www.census.gov/data/tables/timeseries/demo/popest/2020s-countiestotal.html#v2022</a>)'' is corrected to read ``(available at
<a href="https://www.census.gov/data/tables/time-series/demo/popest/2020s-counties-total.html">https://www.census.gov/data/tables/time-series/demo/popest/2020s-counties-total.html</a>)''.
5. On page 40909, footnote number 67 that reads ``<a href="https://www.osha.gov/sites/default/files/publications/OSHA3905.pdf">https://www.osha.gov/sites/default/files/publications/OSHA3905.pdf</a>'' is
corrected to read ``Recommended Practices for Anti-Retaliation
Programs. OSHA, OSHA 3905-01/2017. Accessed at www.<a href="https://www.osha.gov/sites/default/files/publications/OSHA3905.pdf">https://www.osha.gov/sites/default/files/publications/OSHA3905.pdf</a>. Accessed on
March 1, 2024.''
6. On page 40911, second column, first partial paragraph, lines 8
through 14, the sentence that reads ``For example, if we were to use
the Census Bureau's definition of `urban', 2,645 counties would be
classified as urban,\73\ while if we were to use OMB's definition of
`urban', 1,252 counties would be considered `urban.' \74\'' is
corrected to read ``For example, if we were to use the Census Bureau's
definition of `urban', 2,645 areas (combination of counties, cities,
census designated areas) would be classified as urban,\73\ while if we
were to use OMB's definition of `urban', 1,252 counties would be
considered `urban.' \74\''
7. On page 40919, in the second column,
a. First full paragraph, line 9, the regulatory citation that reads
``Sec. 442.43(c)'' is corrected to read ``Sec. 442.43(b)''.
b. Second full paragraph, line 15, the regulatory citation that
reads ``Sec. 442.311(e)'' is corrected to read ``Sec. 441.311(e)''.
8. On page 40920, first column, first paragraph, line 9, the
regulatory citation that reads ``Sec. 442.43(c)'' is corrected to read
``Sec. 442.43(b)''.
9. On page 40923, second column, first partial paragraph, line 5,
the regulatory citation that reads ``Sec. 442.43(a)(2)(ix)'' is
corrected to read ``Sec. 442.43(a)(2)(x)''.
10. On page 40929, first column, first partial paragraph, line 27,
that regulatory citation that reads ``Sec. 442.311(e)(2)'' is
corrected to read ``Sec. 441.311(e)(4)''.
11. On page 40930, third column, last paragraph, lines 12 and 13,
the Federal Register citation that reads ``88 FR 61831 through 61833''
is corrected to read ``88 FR 61381 through 61383''.
12. On page 40931, third column,
a. Second paragraph, line 1, the regulatory citation that reads
``Sec. 442.43(d)(1)'' is corrected to read ``Sec. 442.43(d)''.
b. Third paragraph, line 1, the regulatory citation that reads
``Sec. 442.43(d)(2)'' is corrected to read ``Sec. 442.43(d)(1)''.
13. On page 40932, first column,
a. First partial paragraph, line 2, the regulatory citation that
reads ``Sec. 442.43(d)(3)'' is corrected to read ``Sec.
442.43(d)(2)''.
b. First partial paragraph, line 7, the regulatory citation that
reads ``Sec. 442.43(d)(3)'' is corrected to read ``Sec.
442.43(d)(2)''.
c. First full paragraph, line 1, the regulatory citation that reads
``Sec. 442.43(d)(4)'' is corrected to Sec. 442.43(d)(3)''.
14. On page 40934,
a. In the second column, sixth paragraph, lines 7 through 11, the
sentence that reads ``Additionally, we are finalizing the newly
redesignated paragraph (a)(2)(xi) with a modification to include nurses
and other staff that providing that clinical supervision.'' is
corrected to read ``Additionally, we are finalizing the newly
redesignated paragraph (a)(2)(xi) with a modification to include nurses
and other staff providing clinical supervision.''
b. In the third column, third paragraph, lines 5 through 6, the
phrase ``and added a cross-reference to
[[Page 52396]]
Sec. 442.43(b)(3).'' is corrected to ``and in Sec. 442.43(b)(1) added
a cross-reference to Sec. 442.43(b)(3).''
15. On page 40935, third column, eighth paragraph, lines 3 through
8, the sentence that reads ``Unless otherwise indicated, we obtained
all salary information from the May 2022 National Occupational
Employment and Wage Estimates, BLS at <a href="https://www.bls.gov/oes/current/oes_nat.htm">https://www.bls.gov/oes/current/oes_nat.htm</a>.'' is corrected to read ``Unless otherwise indicated, we
obtained all salary information from the May 2022 National Occupational
Employment and Wage Estimates, BLS at <a href="https://www.bls.gov/oes/tables.htm">https://www.bls.gov/oes/tables.htm</a>.''
16. On page 40948, footnote number 96, that reads ``https://
data.cms.gov/summary-statistics-on-use-and-payments/medicare-service-
type-reports/cms-program-statistics-medicare-skilled-nursing-
facility.'' is corrected to read ``https://data.cms.gov/provider-data/
dataset/4pq5-n9py.''.
17. On page 40949, third column, first full paragraph, line 2, the
table reference that reads ``table 21'' is corrected to read ``table
31''.
18. On page 40992,
a. In the second column, first full paragraph, lines 1 through 9,
the sentence that reads ``Using the wage information from the Bureau of
Labor Statistics, May 2022 National Occupational Employment and Wage
Estimates, <a href="https://www.bls.gov/oes/current/oes_nat.htm">https://www.bls.gov/oes/current/oes_nat.htm</a>, for medical and
health service managers (Code 11-9111), we estimate that the cost of
reviewing this rule is $123.06 per hour, including overhead and fringe
benefits.'' is corrected to read ``Using the wage information from the
Bureau of Labor Statistics, May 2022 National Occupational Employment
and Wage Estimates, <a href="https://www.bls.gov/oes/tables.htm">https://www.bls.gov/oes/tables.htm</a>, for medical and
health service managers (Code 11-9111), we estimate that the cost of
reviewing this rule is $123.06 per hour, including overhead and fringe
benefits.''
b. In the third column, second paragraph, lines 1 through 9, the
sentence that reads ``Using the wage information from the Bureau of
Labor Statistics, May 2022 National Occupational Employment and Wage
Estimates, <a href="https://www.bls.gov/oes/current/oes_nat.htm">https://www.bls.gov/oes/current/oes_nat.htm</a>, for medical and
health service managers (Code 11-9111), we estimated that the cost of
reviewing this rule is $123.06 per hour, including overhead and fringe
benefits.'' is corrected to read ``Using the wage information from the
Bureau of Labor Statistics, May 2022 National Occupational Employment
and Wage Estimates, <a href="https://www.bls.gov/oes/tables.htm">https://www.bls.gov/oes/tables.htm</a>, for medical and
health service managers (Code 11-9111), we estimated that the cost of
reviewing this rule is $123.06 per hour, including overhead and fringe
benefits.''
B. Correction of Errors in the Regulation Text
Sec. 442.43 [Corrected]
0
1. On page 40995, third column, seventh paragraph, the regulation text
for Sec. 443.43(b) introductory text, line 22, the reference ``Sec.
438.6(c)'' is corrected to read ``Sec. 438.2''.
Sec. 483.35 [Corrected]
0
2. On page 40998, second column, sixth full paragraph, line 2, in the
regulation text for Sec. 483.35(h)(2)(iv), the reference ``Sec.
483.71(b)(4)'' is corrected to read ``Sec. 483.71(c)(4)''.
Wilma Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2024-13795 Filed 6-21-24; 8:45 am]
BILLING CODE 4120-01-P
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