Rule2026-03578
Medicare Program; Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems; Quality Reporting Programs; Overall Hospital Quality Star Rating; Hospital Price Transparency; and Notice of Closure of a Teaching Hospital and Opportunity To Apply for Available Slots; Correction
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Published
February 23, 2026
Effective
February 23, 2026
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects technical errors in the final rule with comment period that appeared in the November 25, 2025 issue of the Federal Register titled "Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems; Quality Reporting Programs; Overall Hospital Quality Star Rating; Hospital Price Transparency; and Notice of Closure of a Teaching Hospital and Opportunity To Apply for Available Slots" (hereinafter referred to as the "CY 2026 OPPS/ASC final rule with comment period"). The effective date of the CY 2026 OPPS/ASC final rule with comment period was January 1, 2026.
Full Text
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<title>Federal Register, Volume 91 Issue 35 (Monday, February 23, 2026)</title>
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[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Rules and Regulations]
[Pages 8383-8385]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03578]
[[Page 8383]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 410, 412, 413, 415, 416, and 419
[CMS-1834-CN]
RIN 0938-AV51
Medicare Program; Hospital Outpatient Prospective Payment and
Ambulatory Surgical Center Payment Systems; Quality Reporting Programs;
Overall Hospital Quality Star Rating; Hospital Price Transparency; and
Notice of Closure of a Teaching Hospital and Opportunity To Apply for
Available Slots; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule with comment period; correction.
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SUMMARY: This document corrects technical errors in the final rule with
comment period that appeared in the November 25, 2025 issue of the
Federal Register titled ``Medicare Program: Hospital Outpatient
Prospective Payment and Ambulatory Surgical Center Payment Systems;
Quality Reporting Programs; Overall Hospital Quality Star Rating;
Hospital Price Transparency; and Notice of Closure of a Teaching
Hospital and Opportunity To Apply for Available Slots'' (hereinafter
referred to as the ``CY 2026 OPPS/ASC final rule with comment
period''). The effective date of the CY 2026 OPPS/ASC final rule with
comment period was January 1, 2026.
DATES: Effective February 23, 2026.
Applicability Date: This correcting document is applicable to
January 1, 2026.
FOR FURTHER INFORMATION CONTACT:
For OPPS/ASC related questions, contact Gina Aughenbaugh via email
at <a href="/cdn-cgi/l/email-protection#9fd0eaebeffeebf6faf1ebcfcfccdffcf2ecb1f7f7ecb1f8f0e9"><span class="__cf_email__" data-cfemail="1b546e6f6b7a6f727e756f4b4b485b78766835737368357c746d">[email protected]</span></a> or (410) 786-7756.
For OPPS Addenda questions, contact Marina Kushnirova via email at
<a href="/cdn-cgi/l/email-protection#e0ad8192898e81ceab9593888e89928f9681a0838d93ce888893ce878f96"><span class="__cf_email__" data-cfemail="5914382b30373877122c2a3137302b362f38193a342a7731312a773e362f">[email protected]</span></a>.
For ASC Addenda questions, contact Scott Talaga via email at
<a href="/cdn-cgi/l/email-protection#ecbf8f839898c2b88d808d8b8dac8f819fc284849fc28b839a"><span class="__cf_email__" data-cfemail="e3b0808c9797cdb7828f828482a3808e90cd8b8b90cd848c95">[email protected]</span></a>.
For New Technology APC questions, contact Nicole Marcos via email
at <a href="/cdn-cgi/l/email-protection#fcb2959f939099d2b19d8e9f938fbc9f918fd294948fd29b938a"><span class="__cf_email__" data-cfemail="cc82a5afa3a0a9e281adbeafa3bf8cafa1bfe2a4a4bfe2aba3ba">[email protected]</span></a>.
For Comprehensive Ambulatory Payment Classifications (C-APCs)
questions, contact Elise Barringer via email at
<a href="/cdn-cgi/l/email-protection#0f4a63667c6a214d6e7d7d6661686a7d4f6c627c2167677c21686079"><span class="__cf_email__" data-cfemail="9fdaf3f6ecfab1ddfeededf6f1f8faeddffcf2ecb1f7f7ecb1f8f0e9">[email protected]</span></a>.
Ambulatory Surgical Center Quality Reporting (ASCQR) Program
measures, contact Marsha Hertzberg via email at
<a href="/cdn-cgi/l/email-protection#672a0615140f06492f0215131d0502150027040a14490f0f1449000811"><span class="__cf_email__" data-cfemail="2f624e5d5c474e01674a5d5b554d4a5d486f4c425c0147475c01484059">[email protected]</span></a>.
Ambulatory Surgical Center Quality Reporting (ASCQR) Program
policies, contact Anita Bhatia via email at <a href="/cdn-cgi/l/email-protection#dc9db2b5a8bdf29eb4bda8b5bd9cbfb1aff2b4b4aff2bbb3aa"><span class="__cf_email__" data-cfemail="7e3f10170a1f503c161f0a171f3e1d130d5016160d50191108">[email protected]</span></a>.
Hospital Outpatient Quality Reporting (OQR) Program policies,
contact Kimberly Go via email at <a href="/cdn-cgi/l/email-protection#276c4e4a4542554b5e09604867444a54094f4f5409404851"><span class="__cf_email__" data-cfemail="f9b290949b9c8b9580d7be96b99a948ad791918ad79e968f">[email protected]</span></a>.
Hospital Outpatient Quality Reporting (OQR) Program measures,
contact Kristina Rabarison via email at <a href="/cdn-cgi/l/email-protection#256e574c56514c4b440b77444744574c564a4b654648560b4d4d560b424a53"><span class="__cf_email__" data-cfemail="470c352e34332e29266915262526352e34282907242a34692f2f3469202831">[email protected]</span></a>.
Rural Emergency Hospital Quality Reporting (REHQR) Program
policies, contact Anita Bhatia via email at <a href="/cdn-cgi/l/email-protection#3c7d5255485d127e545d48555d7c5f514f1254544f125b534a"><span class="__cf_email__" data-cfemail="2667484f524708644e47524f4766454b55084e4e5508414950">[email protected]</span></a>.
Rural Emergency Hospital Quality Reporting (REHQR) Program
measures, contact Melissa Hager via email at <a href="/cdn-cgi/l/email-protection#8ac7efe6e3f9f9eba4c2ebedeff8cae9e7f9a4e2e2f9a4ede5fc"><span class="__cf_email__" data-cfemail="2d604841445e5e4c03654c4a485f6d4e405e0345455e034a425b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2025-20907 (90 FR 53448), the CY 2026 OPPS/ASC final
rule with comment period, there were technical errors that are
identified and corrected in this correcting document.
II. Summary of Errors
Summary of Errors in the Preamble
1. Hospital Outpatient Prospective Payment System (OPPS) Corrections
On page 53472, we are correcting a typographical error in the
number of C-APCs.
On pages 53473 and 53474, in the table titled ``TABLE 4: FINAL CY
2026 C-APCs'' we are adding two C-APCs that were inadvertently omitted.
On page 53493, we are correcting two typographical errors in the
wage index adjustment to the OPPS conversion factor.
On page 53586, in the table titled ``TABLE 68: FINAL CY 2026 APC
AND STATUS INDICATOR ASSIGNMENTS'', we are correcting an error in the
HCPCS long descriptor for CPT code 0786T.
On page 53789, we are correcting an error in the final date of the
elimination of the Inpatient Only list.
On page 53791, in the table titled ``TABLE 119: FINAL PROCEDURES
FOR REMOVAL FROM THE IPO LIST FOR CY 2026'', we are correcting an error
in the long descriptors for CPT codes 20802 and 20805.
2. OPPS and Ambulatory Surgical Center (ASC) Payment System Corrections
On page 53905, in the table titled ``TABLE 136: FINAL LIST OF
QUALIFYING PRODUCTS FOR SEPARATE PAYMENT IN CY 2026 UNDER SECTION 4135
OF THE CAA, 2023'', we are correcting an error in the long descriptor
for HCPCS code C9810.
3. Cross-Program Measures for the Hospital Outpatient Quality Reporting
(OQR) Program, Rural Emergency Hospital Quality Reporting (REHQR)
Program, and Ambulatory Surgical Center Quality Reporting (ASCQR)
Program Corrections
On page 53921, we inadvertently omitted language regarding the
phrase ``program determination'' associated with the removal of the
Hospital Commitment to Health Equity (HCHE) measure for the REHQR
Program.
4. Hospital Outpatient Quality Reporting (OQR) Program Corrections
On pages 53927 and 53931, we are correcting URL links in footnotes
293, 310, and 311 (respectively) for accuracy.
On page 53934, we inadvertently omitted language regarding the
description of numerator component (1) for the Emergency Care Access &
Timeliness electronic clinical quality measure (eCQM).
On page 53937, we are correcting an in-text URL link for accuracy.
5. Rural Emergency Health Quality Reporting (REHQR) Program Corrections
On page 53945, we are correcting URL links in footnotes 348 and 351
(respectively) for accuracy.
On page 54031 and 54039, we are correcting in-text URL links for
accuracy.
On page 54043, we are correcting a table references for accuracy.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
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) (codified at 5 U.S.C. 553(b) and
incorporated into section 1871(b) of the Social Security Act (the
Act)). However, this notice and comment procedure does not apply 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, similar to section 1871(e) of the Act,
ordinarily requires a 30-day delay in effective date of final rules
after the date of their publication in the Federal Register.
[[Page 8384]]
However, this 30-day delay in effective date is not required under the
APA if the agency finds good cause not to delay and incorporates a
statement of the findings and its reasons in the rule issued.
Similarly, the 30-day delay is not required under section 1871 if the
Secretary finds that a waiver is necessary to comply with statutory
requirements or that a delay is contrary to the public interest and
states the reasons for such a finding.
Our policies for the wage index adjustment, the Inpatient Only
List, and the applicable Healthcare Common Procedure Coding System
(HCPCS) codes and descriptors in this correcting amendment were
included in the CY 2026 OPPS/ASC final rule with comment period and
have previously been subjected to notice and comment procedures. These
corrections are consistent with the discussion of this policy in the CY
2026 OPPS/ASC final rule with comment period and do not make
substantive changes to this policy. This correcting document corrects
technical errors in the regulations text of the CY 2026 OPPS/ASC final
rule with comment period. As a result, this correcting document is
intended to ensure that the CY 2026 OPPS/ASC final rule with comment
period accurately reflects the policy adopted in the CY 2026 OPPS/ASC
final rule with comment period. Therefore, we find for good cause that
undertaking further notice and comment procedures to incorporate these
corrections into the CY 2026 OPPS/ASC final rule with comment period is
unnecessary and contrary to the public interest, such that section
553(b) of the APA does not apply, 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 CY 2026 OPPS/ASC final rule
with comment period 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 describing the
policies that we previously proposed, requested comments on, and
subsequently finalized.
For the same reasons, we are also waiving the 30-day delay in
effective date for this correcting document. We find that it is in the
public interest to ensure that the CY 2026 OPPS/ASC final rule with
comment period accurately states our policies on the wage index
adjustment, the Inpatient Only List, and the applicable HCPCS codes and
descriptors referenced in this correcting document. Thus, we find that
delaying the effective date of these corrections would be contrary to
the public interest. Therefore, we also find good cause to waive the
30-day delay in effective date.
IV. Correction of Errors in the Preamble
In FR Doc. 2025-20907 of November 25, 2025 (90 FR 53448), the CY
2026 OPPS/ASC final rule with comment period, make the following
corrections:
1. On page 53472, third column, second full paragraph, the sentence
``After consideration of the public comments we received, we are
finalizing the C-APCs as proposed'' is corrected to read ``After
consideration of the public comments we received, we are finalizing the
C-APCs with modifications. As discussed in sections III.E.1.b and
IX.C.2 of this final rule with comment period we are adding APC 5433
(Level 3 Nerve Procedures) and APC 5117 (Level 7 Musculoskeletal
Procedures) to the list of C-APCs for CY 2026; thus the number of C-
APCs for CY 2026 will increase from 72 to 74.''.
2. On page 53473, in the table titled ``TABLE 4: FINAL CY 2026 C-
APCs'', after the entry ``5116, Level 6 Musculoskeletal Procedures,
ORTHO'' (row 12), add a new row to read as:
[GRAPHIC] [TIFF OMITTED] TR23FE26.009
3. On page 53474, in the table titled ``TABLE 4: FINAL CY 2026 C-
APCs'', after the entry ``5432, Level 2 Nerve Procedures, NERVE'' (row
10), add a new row to read as:
[GRAPHIC] [TIFF OMITTED] TR23FE26.010
4. On page 53493, in the table titled ``TABLE 8: CALCULATION OF CY
2026 OPPS CONVERSION FACTOR'', row 5 labeled ``Step 3'':
a. Second line, the figure ``0.9955'' is corrected to read
``0.9995''.
b. Third line, the figure ``$91.456'' is corrected to read
``$90.317''.
5. On page 53586, in the table titled ``TABLE 68: FINAL CY 2026 APC
AND STATUS INDICATOR ASSIGNMENTS'', row 5 for CPT code 0786T, column 2,
the HCPCS long descriptor ``Open implantation of cranial nerve (eg,
vagus nerve) neurostimulator electrode array and pulse generator'' is
corrected to read ``Insertion or replacement of percutaneous electrode
array, sacral, with integrated neurostimulator, including imaging
guidance, when performed''.
6. On page 53789, second column, first line, the date ``January 1,
2028'' is corrected to read ``January 1, 2029''.
7. On page 53791, in the table titled ``TABLE 119: FINAL PROCEDURES
FOR REMOVAL FROM THE IPO LIST FOR CY 2026'',
a. Row 9, column 2, in the long descriptor text for HCPCS code
20802, the text ``Removal of total disc arthroplasty (artificial disc),
anterior approach, each additional interspace, cervical (list
separately in addition to code for primary procedure)'' is corrected to
read ``Replantation, arm (includes surgical neck of humerus through
elbow joint), complete amputation''.
b. Row 10, column 2, in the long descriptor text for HCPCS code
20805, the text ``Revision including replacement of total disc
arthroplasty (artificial disc), anterior approach, each additional
interspace, cervical (list separately in addition to code for primary
procedure)'' is corrected to read ``Replantation, forearm (includes
radius and ulna to radial carpal joint), complete amputation''.
[[Page 8385]]
8. On page 53905, in the table titled ``TABLE 136: FINAL LIST OF
QUALIFYING PRODUCTS FOR SEPARATE PAYMENT IN CY 2026 UNDER SECTION 4135
OF THE CAA, 2023'', row 12, in the long descriptor text for HCPCS code
C9810, the text ``cCAA 2023'' is corrected to read ``CAA, 2023''.
9. On page 53921, second column, second full paragraph, lines 7 and
8, the phrase ``payment determination.'' is corrected to read ``payment
or program determination.''
10. On page 53927, second column, second footnote (footnote 293),
lines 3 and 4, the link ``<a href="https://www.jointcommission.org/en-us/standards/r3-report/r3-report-4">https://www.jointcommission.org/en-us/standards/r3-report/r3-report-4</a>.'' is corrected to read ``<a href="https://cdn2.hubspot.net/hubfs/3835765/BedWatch_August2017/Docs/R3_Report_Issue_4.pdf">https://cdn2.hubspot.net/hubfs/3835765/BedWatch_August2017/Docs/R3_Report_Issue_4.pdf</a>.''.
11. On page 53931, first column,
a. First footnote (footnote 310), lines 3 and 4, the URL link
``<a href="https://www.jointcommission.org/en-us/standards/r3-report/r3-report-4">https://www.jointcommission.org/en-us/standards/r3-report/r3-report-4</a>.'' is corrected to read ``<a href="https://cdn2.hubspot.net/hubfs/3835765/BedWatch_August2017/Docs/R3_Report_Issue_4.pdf">https://cdn2.hubspot.net/hubfs/3835765/BedWatch_August2017/Docs/R3_Report_Issue_4.pdf</a>.''.
b. Second footnote (footnote 311), lines 3 and 4, the URL link
``https://www.acep.org/administration/crowding-boarding.'' is corrected
to read ``<a href="https://www.acep.org/administration/crowding--boarding">https://www.acep.org/administration/crowding--boarding</a>.''.
12. On page 53934, second column, first full paragraph, line 22,
add the word ``during'' before the phrase ``history-taking and''.
13. On page 53937, first column, first full paragraph, lines 12 and
13, the URL link ``<a href="https://ecqi.healthit.gov/ecqm/eh/prerulemaking/2024/cms1074v1">https://ecqi.healthit.gov/ecqm/eh/prerulemaking/2024/cms1074v1</a>.'' is corrected to read ``<a href="https://ecqi.healthit.gov/ecqm/hosp-inpt/2026/cms1074v3">https://ecqi.healthit.gov/ecqm/hosp-inpt/2026/cms1074v3</a>.''.
14. On page 53945, second column,
a. Third footnote (footnote 348), lines 7 and 8, the URL link
``<a href="https://doi.org/10.1002/emp2">https://doi.org/10.1002/emp2</a>. 12401.'' is corrected to read ``<a href="https://doi.org/10.1002/emp2">https://doi.org/10.1002/emp2</a>.12401.''.
b. Sixth footnote (footnote 351), lines 7 and 8, the URL link
``<a href="https://doi.org/10.1002/emp2">https://doi.org/10.1002/emp2</a>. 12401.'' is corrected to read ``<a href="https://doi.org/10.1002/emp2">https://doi.org/10.1002/emp2</a>.12401.''.
15. On page 54031, second column, first partial paragraph, lines 5
and 6, the URL link ``<a href="http://Medicare.gov/Care">Medicare.gov/Care</a> Compare'' is corrected to read
``<a href="https://www.medicare.gov/care-compare/">https://www.medicare.gov/care-compare/</a>.''.
16. On page 54039, second column, first partial paragraph, line 1,
the URL link ``<a href="http://Medicare.gov/Care">Medicare.gov/Care</a> Compare'' is corrected to read
``<a href="https://www.medicare.gov/care-compare/">https://www.medicare.gov/care-compare/</a>.''.
17. On page 54043, second column, last partial paragraph, line 1,
the phrase ``Tables 154 through 158'' is corrected to read ``Tables 154
through 156''.
Liesl I. Fowler,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2026-03578 Filed 2-20-26; 8:45 am]
BILLING CODE 4120-01-P
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