Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67083 

this correcting document is intended to 

ensure that the information in the final 

rule accurately reflects the policies 

adopted in that document. 

Even if this were a rulemaking to 

which the notice and comment and 

delayed effective date requirements 

applied, we find there is good cause to 

waive such requirements. Undertaking 

further notice and comment procedures 

to incorporate the corrections in this 

document in the final rule or delaying 

the effective date of the corrections 

would be contrary to 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 we 

previously proposed, received public 

comment on, and subsequently finalized 

in the final rule. For these reasons, we 

believe that we have good cause to 

waive the notice and comment and 

delay in effective date requirements. 

IV. Correction of Errors 

In FR Doc. 2018–24238 of November 

14, 2018 (83 FR 56922), make the 

following corrections: 

1. On page 57029, first column, 

second full paragraph, 

a. In line 16, the reference ‘‘this rule’’ 

is corrected to read ‘‘the CY 2019 ESRD 

PPS DMEPOS proposed rule’’. 

b. In line 17, the reference ‘‘this final 

rule’’ is corrected to read ‘‘the CY 2019 

ESRD PPS DMEPOS proposed rule’’. 

2. On page 57029, second column, 

second full paragraph, in lines 27 and 

28, the reference ‘‘this final rule’’ is 

corrected to read ‘‘the CY 2019 ESRD 

PPS DMEPOS proposed rule’’. 

Dated: December 20, 2018. 

Ann C. Agnew, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2018–28347 Filed 12–21–18; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 416 and 419 

[CMS–1695–CN2] 

RIN 0938–AT30 

Medicare Program: Changes to 

Hospital Outpatient Prospective 

Payment and Ambulatory Surgical 

Center Payment Systems and Quality 

Reporting Programs; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule with comment period that 

appeared in the November 21, 2018 

Federal Register titled ‘‘Changes to 

Hospital Outpatient Prospective 

Payment and Ambulatory Surgical 

Center Payment Systems and Quality 

Reporting Programs.’’ 

DATES: The corrections in this document 

are effective January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Marjorie Baldo via email 

Marjorie.Baldo@cms.hhs.gov or at (410) 

786–4617. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2018–24243 of November 

21, 2018 (83 FR 58818), there were a 

number of technical and typographical 

errors that are identified and corrected 

in the Correction of Errors section of 

this correcting document. The 

provisions in this correction document 

are effective as if they had been 

included in the document that appeared 

in the November 21, 2018 Federal 

Register. Accordingly, the corrections 

are effective January 1, 2019. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Corrections 

On page 58822, we are correcting the 

section ‘‘Payment of Drugs, Biologicals, 

and Radiopharmaceuticals If Average 

Sales Price (ASP) Data Are Not 

Available’’ to remove the language that 

suggests that drugs with pass-through 

status with partial quarter WAC-based 

pricing are not paid at WAC + 3, which 

is incorrect. This correction is necessary 

to conform the introductory language 

regarding OPPS payment policy for 

drugs, biologicals, and 

radiopharmaceuticals with WAC-based 

pricing with the policy adopted in the 

final rule to pay for these drugs, 

biologicals, and radiopharmaceuticals, 

including those with pass-through 

status, at WAC + 3 percent. 

On page 58825, the headings for 

subsections ‘‘c. Impact of the Changes to 

the Hospital OQR Program’’ and ‘‘d. 

Impact of the Changes to the ASCQR 

Program’’ were alphabetically 

mislabeled and are corrected to be ‘‘g. 

Impact of the Changes to the Hospital 

OQR Progam’’ and ‘‘h. Impact of the 

Changes to the ASCQR Program,’’ 

respectively. 

On page 58833, Healthcare Common 

Procedure Coding System (HCPCS) code 

P9072 (Platelets, pheresis, pathogen 

reduced or rapid bacterial tested, each 

unit) was cited in a comment in error. 

The correct HCPCS code is ‘‘P9073’’ not 

‘‘P9072’’. 

On page 58834, we transposed two 

numbers in the Healthcare Common 

Procedure Coding System (HCPCS) code 

P9037 (Platelets, pheresis, leukocytes 

reduced, irradiated, each unit). The 

correct HCPCS code is ‘‘P9037’’, not 

‘‘P9073’’. 

On page 58880, in ‘‘Table 12.—New 

Level II HCPCS Codes Effective April 1, 

2018,’’ we incorrectly stated that the 

Medicare Ambulatory Payment 

Classification (APC) assignment for 

HCPCS code C9749 (Repair nasal 

stenosis w/imp) is ‘‘APC 5164,’’ rather 

than ‘‘APC 5165.’’ The correct APC 

assignment for this code is APC 5165, 

which we finalized on page 58922. 

On page 58909, under section ‘‘6. 

Endovascular Procedures (APCs 5191 

through 5194)’’ of the ‘‘OPPS APCSpecific Policies’’ section, we 

inadvertently omitted a summary of a 

public comment and our response 

related to new calendar year (CY) 2019 

Common Procedural Terminology (CPT) 

code 33274. Therefore, we are revising 

the discussion to include the comment 

and response. 

On pages 58894 to 58897, we 

occasionally stated the wrong APC 

assignment for procedure code C9734 

(Focused ultrasound ablation/ 

therapeutic intervention, other than 

uterine leiomyomata, with magnetic 

resonance (mr) guidance) for CY 2018 

and CY 2019. The correct APC 

assignment for procedure code C9734 is 

APC 5114 for CY 2018 and APC 5115 for 

CY 2019. 

On page 58928 of the ‘‘OPPS APCSpecific Policies’’ section, we 

inadvertently omitted a summary of a 

public comment and response related to 

existing CPT code 47382 and new CY 

2019 CPT code 95983. Therefore, we are 

adding a new subsection titled ‘‘21. 


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67084 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

Other Procedures/Services’’ that 

includes this comment and response. 

On page 58954, in ‘‘Table 37.—Drugs 

and Biologicals For Which Pass-through 

Payment Status Expires December 31, 

2018,’’ we included an incorrect PassThrough Payment Effective Date for 

HCPCS code Q5101. The correct PassThrough Payment Effective Date for 

HCPCS code Q5101 is 01/01/2016, not 

07/01/2015. 

On page 58958, in Table 38.—Drugs 

and Biologicals With Pass-through 

Payment Status in CY 2019,’’ we 

included an incorrect Pass-Through 

Payment Effective Date for HCPCS code 

J7328. The correct Pass-Through 

Payment Effective Date for HCPCS code 

J7328 is 04/01/2017, not 01/01/16. 

On page 58969, we inadvertently 

stated, ‘‘We also are finalizing our 

proposal to retain our established policy 

to assign new skin substitute products 

with pricing information to the low cost 

group.’’ We are correcting the word 

‘‘with’’ to read ‘‘without’’ to clarify that 

skin substitutes without pricing 

information are assigned to the low cost 

group, consistent with our established 

policy, which is described on page 

58967. 

2. Ambulatory Surgical Center (ASC) 

Payment System Corrections 

The ASC payment system uses the 

same APC classification groupings as 

the OPPS; however, ASC payment 

indicators and OPPS status indicators 

are not compatible across the two 

payment systems. In our final rule 

ratesetting for CY 2019, we 

inadvertently carried over OPPS C–APC 

status indicators in our ASC ratesetting 

process. This error impacted the 

application of our multiple procedure 

discounting rules and the calculation of 

the ASC weight scalar, which led to the 

calculation of incorrect ASC payment 

rates. Accordingly, on page 59079, in 

our response to a comment regarding 

our process of applying a weight scalar 

in calculation of ASC payment rates, 

and on page 59169, we are correcting 

our weight scalar in ASC payment rate 

calculations of ‘‘0.8792’’ to ‘‘0.8800.’’ 

Additionally, on pages 59079, 59080 

and 59169, we inadvertently excluded 

certain core-based statistical areas 

(CBSAs) and, therefore, incorrectly 

calculated the wage index budget 

neutrality factor that we applied to the 

2018 ASC conversion factor. We 

previously calculated a wage index 

adjustment of 1.0004. We have 

recalculated the wage index adjustment 

taking into account the appropriate 

CBSAs, resulting in a corrected wage 

index adjustment of ‘‘1.0000.’’ 

On pages 59080 and 59169, we are 

correcting the final CY 2019 conversion 

factor of $46.551 for ASCs who meet 

quality reporting requirements and the 

final CY 2019 conversion factor of 

$45.639 for ASCs who do not meet 

quality reporting requirements. These 

conversion factors are incorrect because 

they utilize the incorrect wage index 

adjustment. The correct conversion 

factors, calculated utilizing the correct 

wage index adjustment, are ‘‘$46.532’’ 

and ‘‘45.621’’ for ASCs that meet quality 

reporting requirements and for ASCs 

that do not meet quality reporting 

requirements, respectively. 

On page 59170, we are correcting our 

estimate of the increase in aggregate 

payments for ancillary items and 

services of 79 percent for CY 2019. The 

correct percentage is 68 percent, which 

accounts for removing HCPCS code 

0474T from our list of covered surgical 

procedures and, therefore, no longer 

includes any estimated 2019 spending 

from HCPCS code 0474T. Further, on 

page 59170 in ‘‘Table 63.—Estimated 

Impact of the CY 2019 Update to the 

ASC Payment System on Aggregate CY 

2019 Medicare Program Payments by 

Surgical Specialty or Ancillary Items 

and Services Group’’, we are correcting 

the figure in the third column, titled 

‘‘Estimated CY 2019 Percent Change’’ 

for the Ancillary Items and Services 

Group to reflect the change from 79 

percent to 68 percent. 

On page 59171, in ‘‘Table 64.— 

Estimated Impact of the CY 2019 Update 

to the ASC Payment System on 

Aggregate Payments for Selected 

Procedures’’, we are correcting the 

figures in the fourth column of the table 

titled ‘‘Estimated CY 2019 Percent 

Change’’ to account for payment rates 

changes from the corrected ASC weight 

scalar and corrected ASC conversion 

factor. 

3. Hospital Outpatient Quality 

Reporting (OQR) Program Corrections 

On page 59088, first column, first full 

paragraph, the word ‘‘retaining’’ is 

corrected to ‘‘removing.’’ We 

inadvertently included the wrong word. 

On page 59100 through 59102, the 

table footnoting for the Hospital OQR 

Program Measure Set for both the CY 

2020 and CY 2021 Payment 

Determinations are corrected. 

Specifically, the footnote pertaining to 

OP–26 is removed from the unnumbered tables titled ‘‘Hospital OQR 

Program Measure Set for the CY 2020 

Payment Determination’’ and ‘‘Hospital 

OQR Program Measure Set for the CY 

2021 Payment Determination and 

Subsequent Years.’’ The measure is no 

longer in the program beginning with 

the CY 2020 payment determination. In 

addition, for both tables, the National 

Quality Forum (NQF) status for OP–8: 

MRI Lumbar Spine for Low Back Pain 

and OP–33: External Beam 

Radiotherapy for Bone Metastases is 

updated to indicate that the NQF 

endorsement for these measures was 

removed. Furthermore, in both tables, 

we added an additional footnote to OP– 

31 to indicate ‘‘Measure voluntarily 

collected as set forth in section 

XIII.D.3.b. of the CY 2015 OPPS/ASC 

final rule with comment period (79 FR 

66946 through 66947).’’ Subsequently, 

asterisks for the remaining footnotes are 

renumbered, as are the corresponding 

notations under the measure name in 

both tables. As a result of the 

renumbering, both tables are revised 

such that OP–37a, OP–37b, OP–37c, 

OP–37d, and OP–37e correspond with 

the appropriate footnote reading 

‘‘Measure reporting delayed beginning 

with CY 2018 reporting and for 

subsequent years as discussed in section 

XIII.B.5. of the CY 2018 OPPS/ASC final 

rule with comment period (82 FR 59432 

through 59433).’’ 

4. Ambulatory Surgical Center Quality 

Reporting Program (ASCQR) Corrections 

On page 59117, second column, first 

paragraph, the word ‘‘retaining’’ is 

corrected to ‘‘removing.’’ We 

inadvertently included the wrong word. 

On page 59129, first column, second 

paragraph, the language, ‘‘Furthermore, 

this is the only measure in the ASCQR 

Program measure set that deals with 

cataract surgery, which is commonly 

performed in the ASC setting. If it is 

removed, the program will have a gap in 

coverage for this clinical area. As a 

result, we now believe that meaningful 

information can be provided to 

consumers regarding those facilities’’ is 

removed. This text pertains only to the 

Hospital OQR Program; it is factually 

inaccurate with respect to the ASCQR 

Program, since the ASC–14:Unplanned 

Anterior Vitrectomy measure also 

includes cataract surgery, and was 

erroneously included. 

B. Summary of Errors in and Corrections 

to the OPPS and ASC Addenda Posted 

on the CMS Website 

We are summarizing below the errors 

we have corrected in the addenda 

available on the internet at http://

www.cms.gov/Medicare/Medicare-Feefor-Service-Payment/HospitalOut

patientPPS/index.html. The addenda 

that are available on the internet have 

been updated to reflect the revisions 

discussed in this correcting document. 


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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67085 

1. Summary of Errors in and Corrections 

to the OPPS Addenda Posted on the 

CMS Website 

In Addendum B (Final OPPS Payment 

by HCPCS Code for CY 2019), we 

corrected the following: 

• CPT code 0100T (Prosth retina 

receive&gen): APC revision from APC 

1906 (New Technology—Level 51 

($130,001–$145,000)) to APC 1908 (New 

Technology—Level 52 ($145,001– 

$160,000)). In the preamble text, CPT 

code 0100T had been assigned to APC 

1908. This action ensures the 

information in Addendum B reflects the 

APC assignment that was finalized in 

the preamble. 

• CPT code 0474T (Insj aqueous drg 

dev io rsvr): Status indicator revision 

from status indicator ‘‘J1’’ (Hospital Part 

B Services Paid Through a C–APC) to 

status indicator ‘‘E1’’ (Not Paid by 

Medicare) because the device associated 

with this procedure was withdrawn 

from marketing in September 2018 and 

the procedure is no longer separately 

payable under the OPPS. 

• HCPCS code A6460: We made a 

typographical error in listing the HCPCS 

short descriptor. Specifically, we are 

correcting the short descriptor from 

‘‘Arg II ext com/sup/acc misc’’ to 

‘‘Synthetic drsg <= 16 sq in’’. 

• HCPCS code A6461: We made a 

typographical error in listing the HCPCS 

short descriptor. Specifically, we are 

correcting the short descriptor from 

‘‘Enzyme cartridge enteral nut’’ to 

‘‘Synthetic drsg >16 <=48 sq in’’. 

• HCPCS code C9752 (Intraosseous 

des lumb/sacrum): We made a 

typographical error in listing the APC 

assignment. Specifically, we are 

correcting the APC assignment from 

APC 5155 (Level 5 Airway Endoscopy) 

to APC 5115 (Level 5 Musculoskeletal 

Procedures). 

In Addendum C (Final HCPCS Codes 

Payable Under the 2019 OPPS by APC), 

we corrected the following: 

• APC 1906 (New Technology—Level 

51 ($130,001–$145,000)): Deleted 

HCPCS code 0100T from the list We 

inadvertently listed the code in this 

APC when it should have been listed 

under APC 1908 (New Technology— 

Level 52 ($145,001–$160,000)), as 

correctly listed in the preamble and 

Addendum B of the CY 2019 OPPS/ASC 

final rule with comment period. 

• APC 1908 (New Technology—Level 

52 ($145,001–$160,000)): Added HCPCS 

code 0100T to the list. 

• APC 5115 (Level 5 Musculoskeletal 

Procedures): We made a typographical 

error by assigning HCPCS code C9752 to 

APC 5155 (Level 5 Airway Endoscopy) 

when it should have been assigned to 

APC 5115. Specifically, we are 

correcting the APC assignment for 

HCPCS code C9752 to APC 5115. 

• APC 5155 (Level 5 Airway 

Endoscopy): Removed HCPCS code 

C9752 from the list. 

• APC 5492 (Level 2 Intraocular 

Procedures): Deleted CPT code 0474T 

from the list because the device 

associated with this procedure was 

withdrawn from marketing in 

September 2018 and the procedure is no 

longer separately payable under the 

OPPS. 

In Addendum P (Device-Intensive 

Procedures for CY 2019), we corrected 

the following errors in both tabs, 2019 

FR Device Intensive List and 2019 FR 

HCPCS Offsets: 

• CPT code 0100T: Revised the APC 

assignment from APC 1906 to APC 1908 

and the final payment rate. We 

inadvertently listed the code in APC 

1906 when it should have been listed 

under APC 1908 (New Technology— 

Level 52 ($145,001–$160,000)), as 

correctly listed in Addendum B of the 

CY 2019 OPPS/ASC final rule. 

• CPT code 0474T: Removed from the 

list because the device associated with 

this procedure was withdrawn from 

marketing in September 2018 and this 

procedure is no longer separately 

payable under the OPPS. 

• HCPCS code C9752: Added to the 

list along with the associated status 

indicator, APC, final CY 2019 payment 

rate, device offset percentage, and 

device offset amount, because we 

inadvertently omitted this code from 

Addendum P. This code should have 

received device-intensive status based 

on the CY 2019 policy to apply deviceintensive status with a default device 

offset set at 31 percent for new HCPCS 

codes describing procedures requiring 

the implantation or insertion of a 

medical device that do not yet have 

associated claims data until claims data 

are available to establish the HCPCS 

code-level device offset for the 

procedures adopted in the final rule. 

• HCPCS code C9754 (Perc av fistula, 

direct): Added to the list along with the 

associated status indicator, APC, final 

CY 2019 payment rate, device offset 

percentage, and device offset amount, 

because we inadvertently omitted this 

code from Addendum P. This code 

should have received device-intensive 

status based on the CY 2019 policy to 

apply device-intensive status with a 

default device offset set at 31 percent for 

new HCPCS codes describing 

procedures requiring the implantation 

or insertion of a medical device that do 

not yet have associated claims data until 

claims data are available to establish the 

HCPCS code-level device offset for the 

procedures adopted in the final rule. 

• HCPCS code C9755 (Rf magneticguide av fistula): Added to the list along 

with the associated status indicator, 

APC, final CY 2019 payment rate, 

device offset percentage, and device 

offset amount, because we inadvertently 

omitted this code from Addendum P. 

This code should have received deviceintensive status based on the CY 2019 

policy to apply device-intensive status 

with a default device offset set at 31 

percent for new HCPCS codes 

describing procedures requiring the 

implantation or insertion of a medical 

device that do not yet have associated 

claims data until claims data are 

available to establish the HCPCS codelevel device offset for the procedures 

adopted in the final rule. 

• In the tab titled ‘‘2019 FR Device 

Intensive List,’’ we inadvertently 

excluded CPT code 33285 (Insj subq car 

rhythm mntr) from the list. Therefore, 

we added this code along with the 

associated status indicator, APC, final 

CY 2019 payment rate, device offset 

percentage, and device offset amount to 

the list. This code should have received 

device-intensive status based on the 

device-intensive policy adopted in the 

final rule. 

In the tab titled ‘‘2019 FR HCPCS 

Offsets,’’ the first bullet of the header 

was corrected from ‘‘*List of HCPCS 

codes payable under the OPPS that are 

designated as device-intensive 

procedures.’’ to ‘‘*List of all HCPCS 

codes payable under the OPPS that 

describe a clinical service including 

both those that are designated as deviceintensive and those that are not 

designated as device intensive’’ because 

this tab in Addendum P includes device 

offsets for all codes for which we have 

data. 

To view the corrected CY 2019 OPPS 

status indicators, APC assignments, 

relative weights, copayment rates, 

device-intensive status, and short 

descriptors for Addenda A, B, C, and P 

that resulted from these technical and 

typographical corrections, we refer 

readers to the Addenda and supporting 

files that are posted on the CMS website 

at: http://www.cms.gov/Medicare/ 

Medicare-Fee-for-Service-Payment/ 

HospitalOutpatientPPS/index.html. 

Select ‘‘CMS–1695–CN2’’ from the list 

of regulations. All corrected Addenda 

for this correcting document are 

contained in the zipped folder titled 

‘‘2019 OPPS Final Rule Addenda’’ at the 

bottom of the page for CMS–1695–CN2. 


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2. Summary of Errors in and Corrections 

to the ASC Payment System Addenda 

Posted on the CMS Website 

In Addendum AA, we inadvertently 

mislabeled several CPT codes in the 

‘‘Subject to Multiple Procedure 

Discounting’’ column. As discussed in 

section II.A.2 of this correction notice, 

we inadvertently carried over OPPS C– 

APC status indicators in our ASC 

ratesetting process. This error impacted 

the application of our multiple 

procedure discounting rules and the 

calculation of the ASC weight scalar, 

and ASC payment rates. Accordingly, 

we have updated Addenda AA to 

accurately reflect the list of CPT codes 

that are subject to multiple procedure 

discounting. 

As stated in the CY 2018 final rule 

with comment period (83 FR 59409), 

ASC device intensive procedures are 

those with a HCPCS code-level device 

offset percentage greater than the 

threshold when calculated according to 

the standard OPPS APC ratesetting 

methodology, among other criteria. In 

inputting OPPS APC rate data into the 

ASC payment system for the CY 2019 

OPPS/ASC final rule, several 

procedures were inadvertently assigned 

incorrect payment indicators. 

Accordingly, we have reviewed the ASC 

payment system data for consistency 

with the OPPS APC rates and have 

corrected the payment indicators for the 

following procedures in Addendum AA: 

• CPT Code 19298: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 28435: Revised the 

payment indicator from ‘‘J8’’ to ‘‘A2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 28446: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 32550: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 33210: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 33226: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 33274: Revised the 

payment indicator from ‘‘G2’’ to ‘‘J8’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 33285: Revised the 

payment indicator from ‘‘G2’’ to ‘‘J8’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 36560: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 36563: Revised the 

payment indicator from ‘‘J8’’ to ‘‘A2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 36578: Revised the 

payment indicator from ‘‘J8’’ to ‘‘A2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 36583: Revised the 

payment indicator from ‘‘J8’’ to ‘‘A2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 36904: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 37211: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 37212: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 43274: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 43276: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 44384: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 47554: Revised the 

payment indicator from ‘‘J8’’ to ‘‘A2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 58356: Revised the 

payment indicator from ‘‘J8’’ to ‘‘P3’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• CPT code 65125: Revised the 

payment indicator from ‘‘J8’’ to ‘‘G2’’ in 

addition to the payment weight and 

payment rate; this code had 

inadvertently been assigned the 

incorrect payment indicator in the final 

rule. 

• HCPCS code C9752 (Intraosseous 

des lumb/sacrum): Revised the payment 

indicator from ‘‘G2’’ to ‘‘J8’’ in addition 

to the payment weight and payment 

rate; this code had inadvertently been 

assigned the incorrect payment 

indicator in the final rule. 

• HCPCS code C9754 (Perc av fistula, 

direct): Revised the payment indicator 

from ‘‘G2’’ to ‘‘J8’’ in addition to the 

payment weight and payment rate; this 

code had inadvertently been assigned 

the incorrect payment indicator in the 

final rule. 

• HCPCS code C9755 (RF magneticguide AV fistula): Revised the payment 

indicator from ‘‘G2’’ to ‘‘J8’’ in addition 

to the payment weight and payment 

rate; this code had inadvertently been 

assigned the incorrect payment 

indicator in the final rule. 


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We also corrected the following in 

Addendum AA: 

• CPT code 0100T: Updated the 

payment rate from $134,051.87 to 

$141,780.75 to reflect the New Tech 

APC to which this code was assigned in 

the CY 2019 OPPS/ASC final rule with 

comment period. 

• CPT code 0474T: Removed the code 

from the list because the device 

associated with this procedure was 

withdrawn from marketing in 

September 2018 and this procedure is 

no longer separately payable under the 

ASC payment system. 

• CPT code 28540: Revised the 

payment indicator from ‘‘P3’’ to ‘‘P2’’ in 

addition to the payment rate; the revised 

OPPS-based payment rate for CPT code 

28540 is less than the PFS-based 

payment rate and the corrected payment 

indicator reflects this fact. 

• HCPCS code C9753 (Intraosseous 

destruct add’l): Added to Addendum 

AA with a payment indicator of ‘‘N1’’; 

this is a new code beginning January 1, 

2019 and had inadvertently been left out 

of Addendum AA in the final rule. 

In Addendum BB, we corrected the 

following: 

• CPT code 74485 (Dilation urtr/urt 

rs&i): Revised the payment indicator to 

‘‘N1’’; this code had inadvertently been 

assigned no payment indicator in the 

final rule. 

To view the corrected final CY 2019 

ASC payment indicators, payment 

weights, payment rates, and multiple 

procedure discounting indicator for 

Addenda AA and BB that resulted from 

these technical corrections, we refer 

readers to the Addenda and supporting 

files on the CMS website at: https://

www.cms.gov/Medicare/Medicare-Feefor-Service-Payment/ASCPayment/ASCRegulations-and-Notices.html. Select 

‘‘CMS–1695–CN2’’ from the list of 

regulations. All corrected ASC addenda 

for this correcting document are 

contained in the zipped folder entitled 

‘‘Addendum AA, BB, DD1, DD2, and 

EE’’ at the bottom of the page for CMS– 

1695–CN2. 

III. Waiver of Proposed Rulemaking 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (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. Similarly, section 

1871(b)(1) of 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 notice 

and comment and delay in effective date 

of the 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 is impracticable, unnecessary, 

or contrary to the public interest. In 

addition, both 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 an agency includes a statement of 

support. 

We believe that this correcting 

document does not constitute a 

rulemaking that would be subject to the 

notice and comment or delayed effective 

date requirements. This correcting 

document corrects technical and 

typographical errors in the preamble, 

addenda, payment rates, and tables 

included or referenced in the CY 2019 

OPPS/ASC final rule with comment 

period but does not make substantive 

changes to the policies or payment 

methodologies that were adopted in the 

final rule with comment period. The 

corrections made through this correcting 

document are intended to ensure that 

the information in the CY 2019 OPPS/ 

ASC final rule with comment period 

accurately reflects the policies adopted 

in that rule. 

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 with 

comment period 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 CY 2019 OPPS/ASC final rule with 

comment period accurately reflects our 

methodologies and policies as of the 

date they take effect and are applicable. 

Furthermore, such procedures would 

be unnecessary, as we are not making 

substantive changes to our payment 

methodologies or policies, but rather, 

we are simply implementing correctly 

the methodologies and policies that we 

previously proposed, received comment 

on, and subsequently finalized. This 

correcting document is intended solely 

to ensure that the CY 2019 OPPS/ASC 

final rule with comment period 

accurately reflects these methodologies 

and policies. Therefore, we believe we 

have good cause to waive the notice and 

comment and effective date 

requirements. 

IV. Correction of Errors 

In FR Doc. 2018–24243 of November 

21, 2018 (83 FR 58818), make the 

following corrections: 

1. On page 58822, third column, 

second bullet point, in the section titled 

‘‘Payment of Drugs, Biologicals, and 

Radiopharmaceuticals If Average Sales 

Price (ASP) Data Are Not Available,’’ in 

lines 3 through 11, the sentence ‘‘For CY 

2019, we are making payment for 

separately payable drugs and biologicals 

that do not have pass-through payment 

status and are not acquired under the 

340B Program at wholesale acquisition 

cost (WAC)+3 percent instead of 

WAC+6 percent if ASP data are not 

available’’ is replaced with ‘‘For CY 

2019, we are making payment for 

separately payable drugs and biologicals 

that have partial quarter wholesale 

acquisition cost (WAC)-based pricing 

and are not acquired under the 340B 

Program at WAC+3 percent instead of 

WAC+6 percent if ASP data are not 

available.’’ 

2. On page 58825, first column, 

a. The first section heading ‘‘c. Impact 

of the Changes to the Hospital OQR 

Program’’ is corrected to read ‘‘g. Impact 

of the Changes to the Hospital OQR 

Program’’. 

b. The second section heading ‘‘d. 

Impact of the Changes to the ASCQR 

Program’’ is corrected to read ‘‘h. Impact 

of the Changes to the ASCQR Program’’. 

3. On page 58833, last column, last 

partial paragraph, in line 8, the code 

‘‘P9072’’ is corrected to read ‘‘P9073’’. 

4. On page 58834, first column, first 

partial paragraph, in lines 3 and 7, the 

code ‘‘P9073’’ is corrected to read 

‘‘P9037’’. 

5. On page 58880, Table 12.—New 

Level II HCPCS Codes Effective April 1, 

2018, in the last row, last column, titled 

‘‘Final CY 2019 APC’’ for CY 2018 and 

CY 2019 HCPCS Code C9749, the figure 

‘‘5164’’ is corrected to read ‘‘5165’’. 

6. On page 58894, first column, last 

paragraph, in the fourth line from the 

bottom of the paragraph, in the phrase 

‘‘In addition, we proposed to continue 

to assign the services described by 

HCPCS code C9734 . . .’’, the words 

‘‘continue to’’ are removed. 


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7. On page 58895, last column, last 

paragraph, in line 13, the reference to 

‘‘APC 5114’’ is corrected to read ‘‘APC 

5115’’. 

8. On page 58897, in Table 17.—CY 

2019 Status Indicator (SI), APC 

Assignment, and Payment Rate for the 

Magnetic Resonance Image Guided High 

Intensity Focused Ultrasound (MRgFUS) 

Procedures, in the row for CPT/HCPCS 

Code C9734, in the column ‘‘CY 2018 

OPPS APC,’’ the figure ‘‘5115’’ is 

corrected to read ‘‘5114’’. 

9. On page 58909, third column, after 

the first full paragraph that ends with 

‘‘. . . at each level and clinical 

homogeneity.’’ and before the following 

paragraph, which begins with 

‘‘Comment: Several commenters 

believed that the current structure 

. . . ,’’ the following text is added: 

In addition, we received a comment 

related to CPT code 33274 

(Transcatheter insertion or replacement 

of permanent leadless pacemaker, right 

ventricular, including imaging guidance 

(for example, fluoroscopy, venous 

ultrasound, ventriculography, femoral 

venography) and device evaluation (for 

example, interrogation or programming), 

when performed). We note that in 

Addendum B to the CY 2019 OPPS/ASC 

proposed rule, we proposed to assign 

CPT code 33274 to APC 5194 (Level 4 

Endovascular Procedures), which is the 

same APC assignment as its predecessor 

code 0387T (Transcatheter insertion or 

replacement of permanent leadless 

pacemaker, ventricular), which was 

effective January 1, 2015 and deleted on 

December 31, 2018. CPT code 33274 

was listed as 33X05 (the 5-digit CMS 

placeholder code) in Addendum B with 

the short descriptor and Addendum O 

with the long descriptor of the CY 2019 

OPPS/ASC proposed rule. We also 

assigned the code to comment indicator 

‘‘NP’’ in Addendum B to the proposed 

rule to indicate that the code is new for 

CY 2019 with a proposed APC 

assignment and that public comments 

would be accepted on the proposed APC 

assignment. We note that CPT code 

33274 will be effective January 1, 2019. 

Although the code is new for CY 2019, 

the service associated with CPT code 

33274 was previously described by CPT 

codes 0387T, which will be deleted on 

December 31, 2018. 

Comment: We received a comment to 

the CY 2019 OPPS/ASC proposed rule 

requesting the assignment of CPT code 

33274 from APC 5194 (Level 4 

Endovascular Procedures) to APC 5224 

(Level 4 Pacemaker and Similar 

Procedures). 

Response: We appreciate the 

suggestion, however, as noted above, 

CPT code 33274 is assigned to the same 

APC as its predecessor code 0387T. 

Accordingly, we do not believe that a 

change in APC is warranted at this time. 

10. On page 58928, third column, 

after the first full paragraph ending with 

‘‘Addendum B is available via the 

internet on the CMS website.’’ and 

before Table 35, the following section 

and text are added: 

21. Other Procedures/Services 

For CY 2019, we proposed to continue 

to assign CPT code 47382 (Ablation, 1 

or more liver tumor(s), percutaneous, 

radiofrequency) to APC 5361. 

Comment: A commenter requested the 

reassignment of CPT code 47382 from 

APC 5361 (Level 1 Laparoscopy and 

Related Services) to APC 5362 (Level 2 

Laparoscopy and Related Services). 

Response: Based on the latest hospital 

outpatient claims data used for this final 

rule with comment period, we disagree 

that CPT code 47382 should be assigned 

to APC 5362 for CY 2019. Our analysis 

of the claims data show a geometric 

mean cost of approximately $6,063 for 

CPT code 47382, based on 2,220 single 

claims (out of 2,242 total claims), which 

is significantly less than the geometric 

mean cost of about $7,809 for APC 5362. 

We believe that APC 5361 is the most 

appropriate APC assignment for CPT 

code 47382 based on its clinical and 

resource homogeneity to the other 

procedures assigned to this APC. 

Therefore, after consideration of the 

public comment we received, we are 

finalizing our proposal, without 

modification, to assign CPT code 47382 

to APC 5361 for CY 2019. The final CY 

2019 payment rate for the code can be 

found in Addendum B to this final rule 

with comment period (which is 

available via the internet on the CMS 

website). 

In addition, for CY 2019, we proposed 

to assign CPT code 95983 (Electronic 

analysis of implanted neurostimulator 

pulse generator/transmitter (for 

example, contact group[s], interleaving, 

amplitude, pulse width, frequency [Hz], 

on/off cycling, burst, magnet mode, dose 

lockout, patient selectable parameters, 

responsive neurostimulation, detection 

algorithms, closed loop parameters, and 

passive parameters) by physician or 

other qualified health care professional; 

with brain neurostimulator pulse 

generator/transmitter programming, first 

15 minutes face-to-face time with 

physician or other qualified health care 

professional) to APC 5741 (Level 1 

Electronic Analysis of Devices). We note 

that in Addendum B to the CY 2019 

OPPS/ASC proposed rule, CPT code 

95983 was listed as 95X85 (the 5-digit 

CMS placeholder code) in Addendum B 

with the short descriptor and 

Addendum O with the long descriptor 

of the CY 2019 OPPS/ASC proposed 

rule. We also assigned the code to 

comment indicator ‘‘NP’’ in Addendum 

B to the proposed rule to indicate that 

the code is new for CY 2019 with a 

proposed APC assignment and that 

public comments would be accepted on 

the proposed APC assignment. We note 

that CPT code 95983 will be effective 

January 1, 2019. 

Comment: A commenter requested the 

assignment of CPT code 95983 from 

APC 5741 (Level 1 Electronic Analysis 

of Devices) to APC 5742 (Level 2 

Electronic Analysis of Devices). 

Response: Based on input from our 

medical advisors and our review of the 

procedure, we believe that CPT code 

95983 is appropriately placed in APC 

5741 since it shares similar 

characteristics as other electronic 

analysis services in the APC. Therefore, 

after consideration of the public 

comment we received, we are finalizing 

our proposal, without modification, to 

assign CPT code 95983 to APC 5741 for 

CY 2019. The final CY 2019 payment 

rate for the code can be found in 

Addendum B to this final rule with 

comment period (which is available via 

the internet on the CMS website). 

We will reevaluate the APC 

assignments for CPT code 47382 and 

95983 for the next rulemaking cycle. We 

remind hospitals that we review, on an 

annual basis, the APC assignments for 

all items and services paid under the 

OPPS. 

11. On page 58954, Table 37, last 

column, the Pass-Through Payment 

Effective Date for CY 2019 HCPCS code 

Q5101 that reads ‘‘07/01/2015’’ is 

corrected to read ‘‘01/01/2016’’. 

12. On page 58958, Table 38, last 

column, the Pass-Through Payment 

Effective Date for CY 2018 and CY 2019 

HCPCS code J7328 that reads ‘‘01/01/ 

2016’’ is corrected to read ‘‘04/01/ 

2017’’. 

13. On page 58969, second column, in 

line 3, the word ‘‘with’’ is corrected to 

read ‘‘without’’. 

14. On page 59079, 

a. Second column, last partial 

paragraph, in line 4, the figure ‘‘0.8792’’ 

is corrected to read ‘‘0.8800’’. 

b. Third column, last partial 

paragraph, in line 4, the figure ‘‘1.0004’’ 

is corrected to read ‘‘1.0000’’. 

15. On page 59080, 

a. First column, first partial 

paragraph, 

(1) In line 2, the figure ‘‘$46.551’’ is 

corrected to read ‘‘$46.532’’. 

(2) In line 8, the figure ‘‘1.0004’’ is 

corrected to read ‘‘1.0000’’. 

(3) In line 13, the figure ‘‘$45.639’’ is 

corrected to read ‘‘$45.621’’. 


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b. Second column, second full 

paragraph, in line 7, the figure 

‘‘$46.551’’ is corrected to read 

‘‘$46.532.’’ 

16. On page 59088, first column, first 

full paragraph, in line 12, the word 

‘‘retaining’’ is corrected to read 

‘‘removing’’. 

17. On pages 59100 and 59101, the 

un-numbered table—Hospital OQR 

Program Measure Set for the CY 2020 

Payment Determination, and the 

footnotes for the table, are corrected to 

read as follows: 


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Hospital OQR Program Measure Set for the CY 2020 Payment Determination 

NQF# Measure Name 

0288 OP-2: Fibrinolytic Therapy Received Within 30 Minutes of ED Arrivalt 

0290 OP-3: Median Time to Transfer to Another Facility for Acute Coronary 

Intervention 

0289 OP-5: Median Time to ECGt 

0514 OP-8: MRI Lumbar Spine for Low Back Paint 

None OP-9: Mammography Follow-up Rates 

None OP-10: Abdomen CT- Use of Contrast Material 

0513 OP-11: Thorax CT - Use of Contrast Material 

OP-12: The Ability for Providers with HIT to Receive Laboratory Data 

None Electronically Directly into their ONC-Certified EHR System as Discrete 

Searchable Data 

0669 OP-13: Cardiac Imaging for Preoperative Risk Assessment for Non-Cardiac, 

Low-Risk Surgery 

None OP-14: Simultaneous Use ofBrain Computed Tomography (CT) and Sinus 

Computed Tomography (CT) 

0491 OP-17: Tracking Clinical Results between Visitst 

0496 OP-18: Median Time from ED Arrival to ED Departure for Discharged ED 

Patients 

0499 OP-22: Left Without Being Seent 

0661 OP-23: Head CT or MRI Scan Results for Acute Ischemic Stroke or 

Hemorrhagic Stroke who Received Head CT or MRI Scan Interpretation 

Within 45 minutes of ED Arrival 

0658 OP-29: Appropriate Follow-Up Interval for Normal Colonoscopy in 

Average Risk Patients* 

0659 OP-30: Colonoscopy Interval for Patients with a History of Adenomatous 

Polyps- Avoidance of Inappropriate Use* 

1536 OP-31: Cataracts: Improvement in Patient's Visual Function within 90 Days 

Following Cataract Surgery** 

2539 OP-32: Facility 7-Day Risk-Standardized Hospital Visit Rate after 

Outpatient Colonoscopy 

1822 OP-33: External Beam Radiotherapy for Bone Metastasest 

None OP-35: Admissions and Emergency Department (ED) Visits for Patients 

Receiving Outpatient Chemotherapy 

2687 OP-36: Hospital Visits after Hospital Outpatient Surgery 

None OP-37a: OAS CARPS- About Facilities and Staff*** 

None OP-37b: OAS CARPS- Communication About Procedure*** 

None OP-37c: OAS CARPS- Preparation for Discharge and Recovery*** 

None OP-37d: OAS CARPS- Overall Rating of Facility*** 
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18. On page 59102, the un-numbered 

table—Hospital OQR Program Measure 

Set for the 2021 Payment Determination 

and Subsequent years, and the footnotes 

for the table, are corrected to read as 

follows: 


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19. On page 59117, the word 

‘‘retaining’’ is corrected to read 

‘‘removing’’. 

20. On page 59129, first column, first 

full paragraph, 

a. In lines 1 through 10, the following 

text is removed: ‘‘Furthermore, this is 

the only measure in the ASCQR 

Program measure set that deals with 

cataract surgery, which is commonly 

performed in the ASC setting. If it is 

removed, the program will have a gap in 

coverage for this clinical area. As a 

result, we now believe that meaningful 

information can be provided to 

consumers regarding those facilities.’’ 

b. In Lines 10 through 16, the 

following text is moved to the end of the 

previous paragraph: ‘‘In addition, when 

this measure was made voluntary in the 

CY 2015 OPPS/ASC final rule with 

comment period (79 FR 66984) 

commenters stated that the measure 

would promote and improve care 

coordination among providers.’’ 

21. On page 59169, first column, 

a. First full paragaraph, in line 10, the 

figure ‘‘0.8792’’ is corrected to read 

‘‘0.8800’’. 

b. Last paragraph, in line 26, the 

figure ‘‘1.0004’’ is corrected to read 

‘‘1.0000’’. 


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c. Last paragraph, in the third line 

from the bottom, the figure ‘‘$46.555’’ is 

corrected to read ‘‘$46.532’’. 

22. On page 59170, 

a. Third column, first partial 

paragraph, in line 5, the figure ‘‘79 

percent’’ is corrected to read ‘‘68 

percent’’. 

b. In Table 63.—Estimated Impact of 

the CY 2019 Update to the ASC 

Payment System on Aggregate CY 2019 

Medicare Program Payments by Surgical 

Speciality or Ancillary Items and 

Services Group, in the last row, third 

column, titled ‘‘Estimated CY 2019 

Percent Change’’ for Ancillary items and 

services, the figure ‘‘79’’ is corrected to 

read ‘‘68’’. 

23. On page 59171, Table 64.— 

Estimated Impact of the CY 2019 Update 

to the ASC Payment System on 

Aggregate Payments for Selected 

Procedures, the fourth column, 

‘‘Estimated CY 2019 Percent Change,’’ is 

corrected to read as follows: 


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Estimated CY 

2019 Percent 

Change 

(4) 

-1 

3 

-1 

1 

-3 

3 

11 

4 

-1 

0 

1 

1 

11 

8 

3 

4 

4 

4 

0 

-2 

-2 

2 

-2 

0 

-2 

-5 

-2 

5 

-2 

8 
67094 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

Dated: December 20, 2018. 

Ann C. Agnew, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2018–28348 Filed 12–21–18; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2018–0002; Internal 

Agency Docket No. FEMA–8561] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at https:// 

www.fema.gov/national-floodinsurance-program-community-statusbook. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Adrienne L. 

Sheldon, PE, CFM, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 400 C 

Street SW, Washington, DC 20472, (202) 

212–3966. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 

5 U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

FEMA has determined that the 

community suspension(s) included in 

this rule is a non-discretionary action 

and therefore the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) does not apply. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 

coverage unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed no longer comply 

with the statutory requirements, and 

after the effective date, flood insurance 

will no longer be available in the 

communities unless remedial action 

takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 


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