39006 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 422 and 480 

[CMS–3239–CN] 

RIN 0938–AQ55 

Medicare Program; Hospital Inpatient 

Value-Based Purchasing Program; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the Federal 

Register on May 6, 2011 (76 FR 26490) 

entitled ‘‘Medicare Program; Hospital 

Inpatient Value-Based Purchasing 

Program.’’ 

DATES: Effective Date: These corrections 

are effective on July 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Ernessa Brawley, (410) 786–2075. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2011–10568 of May 6, 

2011 (76 FR 26490), there were a 

number of technical errors that are 

identified and corrected in the 

‘‘Correction of Errors’’ section below. 

The provisions in this correction notice 

are effective as if they had been 

included in the document published 

May 6, 2011. Accordingly, the 

corrections are effective on July 1, 2011. 

II. Summary of Errors 

On page 26490, we made several 

typographical errors in the ‘‘Table of 

Contents’’ section, and on pages 26493 

through 26539, we made typographical 

errors to the corresponding section 

headings under section ‘‘II. Provisions 

of the Final Rule and Responses to 

Comments.’’ In the final rule preamble 

language, we combined section ‘‘II.A’’ 

and section ‘‘II.B’’ to remove 

redundancy in the language and titled 

the new combined section ‘‘II. A 

Overview of the January 7, 2011 

Hospital Inpatient VBP Program 

Proposed Rule.’’ We inadvertently failed 

to reflect this combination in the table 

of contents and corresponding headings 

in the preamble language. Therefore, in 

section III. of this correction notice, we 

correct these errors. 

On pages 26513 and 26516, we made 

technical and typographical errors with 

the numerical values expressed in 

Tables 5 and 7, respectively. In these 

tables, we are adjusting the ‘‘n’’ value 

used to calculate the achievement 

threshold and benchmark values listed 

in the tables, which properly reflects the 

performance standards we have 

finalized for the hospital value-based 

purchasing program. Therefore, in 

section III. 6. and 7. of this notice, we 

are correcting these errors in the tables. 

III. Correction of Errors 

In FR Doc. 2011–10568 of May 6, 

2011 (76 FR 26490), make the following 

corrections: 

1. On page 26490, the ‘‘Table of 

Contents’’ section is corrected to read as 

follows: 

Table of Contents 

I. Background 

A. Overview 

B. Hospital Inpatient Quality Data 

Reporting Under Section 501(b) of Public 

Law 108–173 

C. Hospital Inpatient Quality Reporting 

Under Section 5001(a) of Public Law 

109–171 

D. 2007 Report to Congress: Plan To 

Implement a Medicare Hospital ValueBased Purchasing Program 

E. Provisions of the Affordable Care Act 

II. Provisions of the Final Rule and Response 

to Comments 

A. Overview of the January 7, 2011 

Hospital Inpatient VBP Program 

Proposed Rule 

B. Performance Period 

C. Measures 

D. Performance Standards 

E. Methodology for Calculating the Total 

Performance Score 

F. Applicability of the Value-Based 

Purchasing Program to Hospitals 

G. The Exchange Function 

H. Hospital Notification and Review 

Procedures 

I. Reconsideration and Appeal Procedures 

J. FY 2013 Validation Requirements for 

Hospital Value-Based Purchasing 

K. Additional Information 

L. QIO Quality Data Access 

III. Collection of Information Requirements 

IV. Economic Analyses 

A. Regulatory Impact Analysis 

B. Regulatory Flexibility Act Analysis 

C. Unfunded Mandates Reform Act 

Analysis 

V. Federalism Analysis 

2. On page 26494, in the third 

column; the section heading ‘‘C. 

Performance Period’’ is corrected to read 

‘‘B. Performance Period’’. 

3. On page 26495, in the third 

column; the section heading ‘‘D. 

Measures’’ is corrected to read ‘‘C. 

Measures’’. 

4. On page 26511, in the first column; 

the section heading ‘‘E. Performance 

Standards’’ is corrected to read ‘‘D. 

Performance Standards’’. 

5. On page 26513, in the first column; 

the section heading ‘‘F. Methodology for 

Calculating the Total Performance 

Score’’ is corrected to read ‘‘E. 

Methodology for Calculating the Total 

Performance Score’’. 

6. On page 26513, Table 5 is corrected 

to read as follows: 

TABLE 5—ACHIEVEMENT THRESHOLDS FOR THE FY 2014 HOSPITAL VBP PROGRAM MORTALITY OUTCOME MEASURES

[Displayed as survival rates] 

Measure ID Measure description 

Performance 

standard 

(achievement 

threshold) 

Mortality Outcome Measures 

MORT–30–AMI .......... Acute Myocardial Infarction (AMI) 30-Day Mortality Rate ........................................................................... .8477 

MORT–30–HF ........... Heart Failure (HF) 30-Day Mortality Rate ................................................................................................... .8861 

MORT–30 PN ............ Pneumonia (PN) 30-Day Mortality Rate ...................................................................................................... .8818 

7. On page 26516, Table 7 is corrected 

to read as follows: 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations 39007 

TABLE 7—FINAL BENCHMARKS FOR THE FY 2014 HOSPITAL VBP PROGRAM MORTALITY OUTCOME MEASURES

[Displayed as survival rates] 

Measure ID Measure description Benchmark 

Mortality Outcome Measures 

MORT–30–AMI .......... Acute Myocardial Infarction (AMI) 30-Day Mortality Rate ........................................................................... .8673 

MORT–30–HF ........... Heart Failure (HF) 30-Day Mortality Rate ................................................................................................... .9042 

MORT–30 PN ............ Pneumonia (PN) 30-Day Mortality Rate ...................................................................................................... .9021 

8. On page 26527, in the first column; 

the section heading ‘‘G. Applicability of 

the Value-Based Purchasing Program’’ 

Hospitals is corrected to read ‘‘F. 

Applicability of the Value-Based 

Purchasing Program to Hospitals’’. 

9. On page 26531, in the first column; 

the section heading ‘‘H. Exchange 

Function’’ is corrected to read ‘‘G. The 

Exchange Function’’. 

10. On page 26534, in the second 

column; the section heading ‘‘I. Hospital 

Notification and Review Procedures’’ is 

corrected to read ‘‘H. Hospital 

Notification and Review Procedures’’. 

11. On page 26536, in the third 

column; the section heading ‘‘J. 

Reconsideration and Appeal 

Procedures’’ is corrected to read ‘‘I. 

Reconsideration and Appeal 

Procedures’’. 

12. On page 26537, in the first 

column; the section heading ‘‘K. FY 

2013 Validation Requirements for 

Hospital Value-Based Purchasing’’ is 

corrected to read ‘‘J. FY 2013 Validation 

Requirements for Hospital Value-Based 

Purchasing’’. 

13. On page 26538, in the first 

column; the section heading ‘‘L. 

Additional Information’’ is corrected to 

read ‘‘K. Additional Information’’. 

14. On page 26539, in the second 

column; the section heading ‘‘M. QIO 

Quality Data Access’’ is corrected to 

read ‘‘L. QIO Quality Data Access’’. 

IV. Waiver of Proposed Rulemaking 

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) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure 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 ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

This notice merely corrects technical 

and typographic errors in the Hospital 

Inpatient Value-Based Purchasing 

Program final rule that was published 

on May 6, 2011 and becomes effective 

on July 1, 2011. The changes are not 

substantive changes to the policies or 

payment methodologies. Therefore, we 

believe that undertaking further notice 

and comment procedures to incorporate 

these corrections and delaying the 

effective date of these changes is 

unnecessary. In addition, we believe it 

is important for the public to have the 

correct information as soon as possible, 

and believe it is contrary to the public 

interest to delay the dissemination of it. 

For the reasons stated above, we find 

there is good cause to waive notice and 

comment procedures and the 30-day 

delay in the effective date for this 

correction notice. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: June 28, 2011. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2011–16763 Filed 7–1–11; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary of the Interior 

43 CFR Part 10 

RIN 1024–AD98 

Native American Graves Protection 

and Repatriation Act Regulations— 

Definition of ‘‘Indian Tribe’’ 

AGENCY: Office of the Secretary, Interior. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This amendment to the 

Department’s regulations implementing 

the Native American Graves Protection 

and Repatriation Act (NAGPRA) 

removes the definition of ‘‘Indian tribe,’’ 

because it is inconsistent with the 

statutory definition of that term. 

DATES: This rule is effective July 5, 

2011. Comments must be received by 

September 6, 2011. 

ADDRESSES: You may submit comments, 

identified by the Regulation Identifier 

Number (RIN) 1024–AD98, by any of the 

following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

—Mail to: Dr. Sherry Hutt, Manager, 

National NAGPRA Program, National 

Park Service, 1201 Eye Street, NW., 

(2253), Washington, DC 20005. 

—Hand deliver to: Dr. Sherry Hutt, 1201 

Eye Street, NW., 8th floor, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Sherry Hutt, Manager, National 

NAGPRA Program, National Park 

Service, 1201 Eye Street, NW., 8th floor, 

Washington, DC 20005, telephone (202) 

354–1479, facsimile (202) 371–5197. 

SUPPLEMENTARY INFORMATION: 

Authority 

The Secretary is responsible for 

implementation of the Native American 

Graves Protection and Repatriation Act, 

including the issuance of appropriate 

regulations implementing and 

interpreting its provisions. See 25 U.S.C. 

3001 et seq. 

Background 

The Native American Graves 

Protection and Repatriation Act 

(NAGPRA) addresses the rights of lineal 

descendants, Indian Tribes, and Native 

Hawaiian organizations to certain 

Native American human remains, 

funerary objects, sacred objects, and 

objects of cultural patrimony. NAGPRA 

defines ‘‘Indian tribe’’ as ‘‘any tribe, 

band, nation, or other organized group 

or community of Indians, including any 

Alaska Native village (as defined in, or 

established pursuant to, the Alaska 

Native Claims Settlement Act) (43 


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