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[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Notices]               
[Page 55801-55802]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se10-76]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1338-CN]
RIN 0938-AP87

 
Medicare Program; Prospective Payment System and Consolidated 
Billing for Skilled Nursing Facilities for FY 2011; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Correction notice.

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SUMMARY: This document corrects technical errors that appeared in the 
notice with comment period published in the Federal Register on July 
22, 2010 entitled, ``Medicare Program; Prospective Payment System and 
Consolidated Billing for Skilled Nursing Facilities for FY 2011.''

DATES: Effective Date: This correction is effective October 1, 2010.

FOR FURTHER INFORMATION CONTACT: Bill Ullman, (410) 786-5667.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2010-17628 of July 22, 2010 (75 FR 42886), there were 
several technical errors that are identified and corrected in the 
``Correction of Errors'' section below. The corrections described below 
are effective as if they had been included in the document published on 
July 22, 2010. Accordingly, the corrections are effective October 1, 
2010.

II. Summary of Errors

    We are correcting the titles and wage index columns (along with the 
resulting values) of Tables 8A and 8B, which appeared on page 42911 of 
the July 22, 2010 notice with comment period. These two tables 
illustrate the skilled nursing facility (SNF) prospective payment 
system (PPS) payment rate computations for a hypothetical ``XYZ'' SNF 
located in Cedar Rapids, IA (Urban CBSA 16300) under the RUG-IV and 
Hybrid RUG-III (HR-III) systems, respectively. In the title of the 
tables as well as in the third column (``Wage Index''), the wage index 
value for Cedar Rapids, IA is incorrectly displayed as 0.8858. 
Accordingly, in section III of this document (``Correction of 
Errors''), we are revising the entries in Tables 8A and 8B to reflect 
the correct wage index value of 0.8844. We are similarly revising the 
immediately preceding portion of the preamble text, which references 
the total PPS payment amounts displayed in these two tables. However, 
we note that the corresponding entry for CBSA 16300, as it appears in 
an addendum to the July 22, 2010 notice with comment period (Table A, 
``FY 2011 Wage Index for Urban Areas Based on CBSA Labor Market 
Areas''), already reflects the correct wage index value of 0.8844 (75 
FR 42923). We are also revising the footnote that appears in Tables 8A 
and 8B to clarify that in these examples, all 10 of the Medicare days 
listed under the ``CC2'' RUG group would involve a resident with AIDS 
and, thus, would qualify for the special 128 percent adjustment under 
section 511 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (MMA) (Pub. L. 108-173, enacted on December 
8, 2003).

III. Correction of Errors

    In FR Doc. 2010-17628 (75 FR 42886), make the following 
corrections:
    1. On page 42910, third column, in line five from the bottom of the 
page, the phrase ``$41,979 for RUG-IV and $36,517 for HR-III, 
respectively'' is revised to read ``$41,935 for RUG-IV and $36,479 for 
HR-III, respectively''.
    2. On page 42911, Tables 8A and 8B are revised to read as follows:
    3. On page 42911, underneath Table 8A and Table 8B, we removed the 
asterisk statement ``*Reflects a 128 percent adjustment from section 
511 of the MMA'' and replaced it with ``*Reflects a 128 percent 
adjustment from section 511 of the MMA. All CC2 days should be 
considered to be for a resident with AIDS.''

[[Page 55802]]

[GRAPHIC] [TIFF OMITTED] TN14SE10.019

IV. Waiver of Proposed Rulemaking and Delayed 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) (5 U.S.C. 553(b)). We also 
ordinarily provide a 30-day delay in the effective date of the 
provisions of a notice in accordance with section 553(d) of the APA (5 
U.S.C. 553(d)). However, we can waive both the notice and comment 
procedure and the 30-day delay in effective date if the Secretary 
finds, for good cause, that a notice and comment process is 
impracticable, unnecessary, or contrary to the public interest, and 
incorporates a statement of the finding and the reasons for it in the 
notice.
    We find for good cause that it is unnecessary to undertake notice 
and comment rulemaking because this notice merely provides technical 
corrections to the FY 2011 SNF PPS notice with comment period. We are 
not making substantive changes to our payment methodologies or 
policies, but rather, are simply implementing correctly the payment 
methodologies and policies that we previously proposed, received 
comment on, and subsequently finalized. This correction notice is 
intended solely to ensure that the FY 2011 SNF PPS notice with comment 
period accurately reflects these payment methodologies and policies. 
Therefore, we believe that undertaking further notice and comment 
rulemaking activity in connection with it would be unnecessary and 
contrary to the public interest.
    Further, we believe a delayed effective date is unnecessary because 
this correction notice merely corrects inadvertent technical errors. 
The changes noted above do not make any substantive changes to the SNF 
PPS payment methodologies or policies. Moreover, we regard imposing a 
delay in the effective date as being contrary to the public interest. 
We believe that it is in the public interest for providers to receive 
appropriate SNF PPS payments in as timely a manner as possible and to 
ensure that the FY 2011 SNF PPS notice with comment period accurately 
reflects our payment methodologies, payment rates, and policies. 
Therefore, we find good cause to waive notice and comment procedures, 
as well as the 30-day delay in effective date.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: September 9, 2010.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2010-22902 Filed 9-10-10; 11:15 am]
BILLING CODE 4120-01-P
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