Rule2025-16960
Medicare Program; FY 2026 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Program 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
September 4, 2025
Effective
October 1, 2025
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 5, 2025 Federal Register titled "Medicare Program; FY 2026 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Program Requirements" (hereinafter referred to as the "FY 2026 Hospice final rule"). The effective date of the FY 2026 Hospice final rule is October 1, 2025.
Full Text
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<title>Federal Register, Volume 90 Issue 169 (Thursday, September 4, 2025)</title>
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[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Rules and Regulations]
[Page 42709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16960]
[[Page 42709]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 418
[CMS-1835-CN]
RIN 0938-AV49
Medicare Program; FY 2026 Hospice Wage Index and Payment Rate
Update and Hospice Quality Reporting Program Requirements; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
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SUMMARY: This document corrects typographical errors in the final rule
that appeared in the August 5, 2025 Federal Register titled ``Medicare
Program; FY 2026 Hospice Wage Index and Payment Rate Update and Hospice
Quality Reporting Program Requirements'' (hereinafter referred to as
the ``FY 2026 Hospice final rule''). The effective date of the FY 2026
Hospice final rule is October 1, 2025.
DATES: This correction is effective October 1, 2025.
FOR FURTHER INFORMATION CONTACT: For questions regarding the hospice
quality reporting program, contact Jermama Keys at (410) 786-7778.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2025-14782 of August 5, 2025 (90 FR 37404), there were
typographical errors that are identified and corrected in this
correcting document.
II. Summary of Errors
On page 37404, we inadvertently included a sentence referencing
requests for information.
On page 37425, in Table 8, we inadvertently omitted the words ``or
completion''.
III. Waiver of Proposed Rulemaking
Under section 553(b) of the Administrative Procedure Act (the APA)
(5 U.S.C. 553(b)), the agency is required to publish a notice of
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 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,
respectively; 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, respectively, 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) 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 the agency includes in the rule a
statement of the finding and the reasons for it. 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 described
above. This correcting document corrects typographical errors in the
preamble and a table included in the FY 2026 Hospice final rule but
does not make substantive changes to the policies or payment
methodologies that were adopted in the FY 2026 Hospice final rule. As a
result, this correcting document is intended to ensure that the
information in the FY 2026 Hospice 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 correcting 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 2026 Hospice
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 correctly
implementing the policies that we previously proposed, requested
comment on, and subsequently finalized. This correcting document is
intended solely to ensure that the FY 2026 Hospice final rule
accurately reflects these payment methodologies and policies. For these
reasons, we believe we have good cause to waive the notice and comment
and delayed effective date requirements.
IV. Correction of Errors
In FR Doc. 2025-14782 of August 5, 2025 (90 FR 37404), make the
following corrections:
0
1. On page 37404, third column, second full paragraph, lines 7 through
10, the sentence ``This section also provides RFIs related to the
transition to digital measures, nutrition, and wellbeing concepts.'' is
removed.
0
2. On page 37425, Table 8, column 2, row 2, lines 1 through 4, the
sentence ``Submit at least 90 percent of all HOPE records within 30
days of the event date (for example, patient's admission date, HUV
completion date or discharge date) for patient admissions/discharges
occurring 1/1/27-12/31-2027.'' is corrected to read, ``Submit at least
90 percent of all HOPE records within 30 days of the event or
completion date (for example, patient's admission date HUV completion
date or discharge date) for patient admissions/discharges occurring 1/
1/27-12/31/27.''.
Cortney L. McCormick,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2025-16960 Filed 9-3-25; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on September 4, 2025.
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