11428 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0098 to read as 

follows: 

§ 165.T08–0098 Safety Zone; Ohio River, 

New Richmond, OH. 

(a) Location. The following area is a 

temporary safety zone: All navigable 

waters of the Ohio River between MM 

452.0 to MM 454.0 in New Richmond, 

OH. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Ohio Valley (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP) or 

a designated representative. Persons or 

vessels desiring to enter into or pass 

through the zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM radio channel 16 

or phone at 1–800–253–7465. 

(2) Persons and vessels permitted to 

enter this safety zone must transit at the 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

a designated representative. 

(d) Enforcement period. This section 

will be enforced from 9:30 a.m. until 

10:30 a.m. on February 26, 2021. The 

back up dates will be February 27, 2021 

or February 28, 2021, from 9:30 a.m. 

until 10:30 a.m. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners and the 

Local Notice to Mariners of the 

enforcement period for the temporary 

safety zone as well as any changes in the 

planned schedule. 

Dated: February 19, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–03974 Filed 2–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 411, 412, 414, 416, 

419, 482, 485, 512 

[CMS–1736–CN] 

RIN 0938–AU12 

Medicare Program: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems and 

Quality Reporting Programs; New 

Categories for Hospital Outpatient 

Department Prior Authorization 

Process; Clinical Laboratory Fee 

Schedule: Laboratory Date of Service 

Policy; Overall Hospital Quality Star 

Rating Methodology; Physician-Owned 

Hospitals; Notice of Closure of Two 

Teaching Hospitals and Opportunity 

To Apply for Available Slots; Radiation 

Oncology Model; and Reporting 

Requirements for Hospitals and 

Critical Access Hospitals (CAHs) to 

Report COVID–19 Therapeutic 

Inventory and Usage and To Report 

Acute Respiratory Illness During the 

Public Health Emergency (PHE) for 

Coronavirus Disease 2019 (COVID–19); 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Health and 

Human Services (HHS). 

ACTION: Final rule with comment period 

and interim final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule with comment period and 

interim final rule with comment period 

published in the Federal Register on 

December 29, 2020, titled ‘‘Hospital 

Outpatient Prospective Payment and 

Ambulatory Surgical Center Payment 

Systems and Quality Reporting 

Programs; New Categories for Hospital 

Outpatient Department Prior 

Authorization Process; Clinical 

Laboratory Fee Schedule: Laboratory 

Date of Service Policy; Overall Hospital 

Quality Star Rating Methodology; 

Physician-owned Hospitals; Notice of 

Closure of Two Teaching Hospitals and 

Opportunity To Apply for Available 

Slots; Radiation Oncology Model; and 

Reporting Requirements for Hospitals 

and Critical Access Hospitals (CAHs) to 

Report COVID–19 Therapeutic 

Inventory and Usage and to Report 

Acute Respiratory Illness During the 

Public Health Emergency (PHE) for 

Coronavirus Disease 2019 (COVID–19)’’. 

DATES: Effective date: This correction is 

effective February 25, 2021. 

Applicability date: The corrections in 

this correcting document are applicable 

beginning January 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Elise Barringer via email 

Elise.Barringer@cms.hhs.gov or at (410) 

786–9222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2020–26819 of December 

29, 2020 (85 FR 85866), there were a 

number of technical and typographical 

errors that are identified and corrected 

in the Correction of Errors section 

below. The corrections in this correction 

document are applicable as if they had 

been included in the document that was 

issued on December 4, 2020, and 

published December 29, 2020. 

Accordingly, each correction is 

applicable on January 1, 2021. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Corrections 

On page 85987 of the ‘‘OPPS APCSpecific Policies’’ section, we 

inadvertently omitted a summary of a 

public comment and response related to 

existing CPT codes 0607T and 0608T. 

Therefore, we are adding a new 

subsection titled ‘‘31. Other Procedures/ 

Services’’ that includes a summary of 

this public comment and our response. 

On page 86033, we are correcting an 

inadvertent reference to the quarter for 

which ASP data will be used to 

calculate payment rates for HCPCS 

codes for separately payable drugs and 

biologicals included in Addenda A and 

B: It is the second quarter of CY 2020, 

not the third quarter of CY 2020. 

On Page 86035, we inadvertently 

referred to CY 2018, rather than CY 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11429 

2021, as the year in which the proposed 

packaging status of each drug and 

biological with HCPCS codes that 

describe different dosages of the same 

drug or biological would apply. 

On Page 86063, in Table 42: Skin 

Substitute Assignments to High Cost 

and Low Cost Groups for CY 2021, we 

inadvertently stated in the column titled 

‘‘Final CY 2021 High/Low Cost 

Assignment’’ that HCPCS code Q4222 is 

assigned to the ‘‘Low’’ cost group rather 

than ‘‘High’’ cost group. 

On Page 86273, we inadvertently 

described the increase in total OPPS 

payments in CY 2021 as a result of the 

update to the conversion factor, the CY 

2021 frontier wage index adjustment, 

and other adjustments (not including 

the effects of outlier payments or the 

pass-through payment estimates) as 0.2 

percent, rather than 2.6 percent. 

2. Ambulatory Surgical Center (ASC) 

Payment System Corrections 

On pages 86154 and 86165, in Tables 

59 and 60, we incorrectly listed the final 

CY 2021 ASC payment indicator for 

CPT code 0404T (Transcervical uterine 

fibroid(s) ablation with ultrasound 

guidance, radiofrequency) as ‘‘G2’’ 

instead of ‘‘J8’’. As stated on page 

86016, we assigned device-intensive 

status to CPT code 0404T and finalized 

a default device offset percentage of 31 

percent to reflect the device costs 

associated with that code for CY 2021. 

However, we inadvertently did not 

assign device-intensive status to CPT 

code 0404T or utilize the default device 

offset percentage under the ASC 

payment system for CPT code 0404T 

when calculating ASC payment rates for 

CY 2021. 

On page 86175, we inadvertently did 

not refer to the revised modifications to 

the labor market areas contained in 

OMB Bulletins 18–03 and 18–04. While 

we used these updated delineations to 

calculate the ASC wage index for CY 

2021, which we used to calculate the 

ASC payment system rates, we 

unintentionally did not include 

conforming language in the ASC wage 

index section of the preamble to refer to 

these bulletins. Therefore, we are 

correcting the ASC wage index section 

by including language referring to the 

revised labor market areas issued in the 

OMB Bulletins 18–03 and 18–04. 

On pages 86176 and 86282, we are 

correcting references to the weight 

scalar used in ASC payment rate 

calculations from ‘‘0.8591’’ to ‘‘0.8547’’ 

to include the effect of our policy to 

unpackage HCPCS code J1097 

(phenylephrine 10.16 mg/ml and 

ketorolac 2.88 mg/ml ophthalmic 

irrigation solution, 1 ml) for CY 2021 

(85 FR 86172). We also inadvertently 

omitted prospective expenditures 

related to HCPCS code J1097 for CY 

2021 in our calculation of the ASC 

budget neutrality adjustment. We note 

that the ASC weight scalar of 0.8547 

includes this correction, the correction 

noted above for CPT code 0404T, and 

accounts for the increase in CY 2021 

Medicare Physician Fee Schedule 

payment amounts of 3.75 percent, 

which is required by section 101(a) of 

Division N, Title I of the Consolidated 

Appropriations Act (CAA), 2021 (Pub. 

L. 116–260). For office-based covered 

surgical procedures and certain covered 

ancillary radiology services and 

diagnostic tests under the ASC payment 

system, the payment rate is the lower of 

the final CY 2021 MPFS nonfacility PE 

RVU-based amount multiplied by the 

MPFS conversion factor or the OPPSrelative weight-based CY 2021 ASC 

payment amount, and accordingly, it 

was necessary to update the MPFSbased ASC rates for CY 2021. 

3. Hospital Outpatient Quality 

Reporting Program Correction 

On page 86182, in footnote 107, the 

url in the following reference is 

corrected: ‘‘The data reviewed are 

maintained in the CMS Integrated Data 

Repository (IDR). The IDR is a high 

volume data warehouse integrating 

Medicare Parts A, B, C, and D, and DME 

claims, beneficiary and provider data 

sources, along with ancillary data such 

as contract information and risk scores. 

Additional information is available at 

https://www.cms.gov/ResearchStatistics-DataandSystems/ComputerData-and-Systems/IDR/index.html.’’ 

The url is corrected to read: https://

www.cms.gov/Research-Statistics-Dataand-Systems/Computer-Data-andSystems/IDR. 

4. Ambulatory Surgical Center Quality 

Reporting Program Correction 

On page 86192, in footnote 110, the 

url in the following reference is not 

correct: ‘‘For more information on the 

ECE policy, we refer stakeholders to the 

QualityNet website at https://

www.qualitynet.org/asc/ 

datasubmission#tab2.’’ The url is 

corrected to read: https://

www.qualitynet.org/asc/ascqr/ 

participation#tab2. 

B. Summary of Errors and Corrections to 

the OPPS and ASC Addenda Posted on 

the CMS Website 

1. OPPS Addenda Posted on the CMS 

Website 

In Addendum A of the CY 2021 

OPPS/ASC final rule with comment 

period, APC 9370 had an incorrect 

payment rate of $0.752. We corrected 

the following: 

• For APC 9370 (Fluoroestradiol f 18), 

we included an incorrect payment rate. 

Specifically, we are correcting the 

payment rate from $0.752 to $626.583. 

In Addendum B of the CY 2021 

OPPS/ASC final rule with comment 

period, HCPCS codes G2061, G2062, 

and G2063 are incorrectly shown as 

active codes with status indicator ‘‘A’’ 

to indicate that they should be paid 

under a fee schedule or payment system 

other than the OPPS. These codes have 

been deleted effective December 31, 

2020, and therefore should be assigned 

status indicator ‘‘D’’ to indicate that 

they are discontinued codes. These 

codes have been replaced with CPT 

codes 98970, 98971, and 98972, 

respectively. CPT codes 98970, 98971, 

and 98972 were incorrectly assigned to 

status indicator ‘‘B’’ to indicate that 

another more appropriate code should 

be reported. But because these codes are 

replacing HCPCS codes G2061, G2062, 

and G2063, they should be assigned 

status indicator ‘‘A’’. Therefore, in the 

Addendum B (Final OPPS Payment by 

HCPCS code for CY 2021), we corrected 

the following: 

• HCPCS code G2061 (Qual nonmd 

est pt 5–10m): We made a typographical 

error in the status indicator assignment. 

Specifically, we are correcting the status 

indicator from ‘‘A’’ to ‘‘D’’. 

• HCPCS code G2062 (Qual nonmd 

est pt 11–20m): We made a 

typographical error in the status 

indicator assignment. Specifically, we 

are correcting the status indicator from 

‘‘A’’ to ‘‘D’’. 

• HCPCS code G2063 (Qual nonmd 

est pt 21>min): We made a 

typographical error in the status 

indicator assignment. Specifically, we 

are correcting the status indicator from 

‘‘A’’ to ‘‘D’’. 

• CPT code 98970 (Qnhp ol dig 

assmt&mgmt 5–10): We made a 

typographical error in the status 

indicator assignment. Specifically, we 

are correcting the status indicator from 

‘‘B’’ to ‘‘A’’. We are also assigning 98970 

to comment indicator ‘‘CH’’ to indicate 

that its status indicator has changed. 

• CPT code 98971 (Qnhp ol dig 

assmt&mgmt 11–20): We made a 

typographical error in the status 

indicator assignment. Specifically, we 

are correcting the status indicator from 

‘‘B’’ to ‘‘A’’. We are also assigning 98971 

to comment indicator ‘‘CH’’ to indicate 

that its status indicator has changed. 

• CPT code 98972 (Qnhp ol dig 

assmt&mgmt 21+): We made a 

typographical error in the status 

indicator assignment. Specifically, we 

11430 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

are correcting the status indicator from 

‘‘B’’ to ‘‘A’’. We are also assigning 98972 

to comment indicator ‘‘CH’’ to indicate 

that its status indicator has changed. 

In Addendum B of the CY 2021 

OPPS/ASC final rule with comment 

period, HCPCS codes G2010 and G2012 

were incorrectly assigned to status 

indicator ‘‘A’’ to indicate that they 

should be paid under a fee schedule or 

payment system other than the OPPS. 

However, because these codes were 

replaced with HCPCS codes G2250 and 

G2251 for certain non-physician 

practitioners, including rehabilitation 

therapists, effective January 1, 2021, we 

assigned them to status indicator ‘‘B’’ 

under the OPPS to indicate that other 

more appropriate codes should be 

reported. Therefore, in the Addendum B 

(Final OPPS Payment by HCPCS code 

for CY 2021), we corrected the 

following: 

• HCPCS code G2010 (Remote 

evaluation of recorded video and/or 

images submitted by an established 

patient (e.g., store and forward), 

including interpretation with follow-up 

with the patient within 24 business 

hours, not originating from a related e/ 

m service provided within the previous 

7 days nor leading to an e/m service or 

procedure within the next 24 hours or 

soonest available appointment). We 

made a typographical error in the status 

indicator assignment. Specifically, we 

are correcting the status indicator from 

‘‘A’’ to ‘‘B’’. 

• HCPCS code G2012 (Brief 

communication technology-based 

service, e.g., virtual check-in, by a 

physician or other qualified health care 

professional who can report evaluation 

and management services, provided to 

an established patient, not originating 

from a related e/m service provided 

within the previous 7 days nor leading 

to an e/m service or procedure within 

the next 24 hours or soonest available 

appointment; 5–10 minutes of medical 

discussion). We made a typographical 

error in the status indicator assignment. 

Specifically, we are correcting the status 

indicator from ‘‘A’’ to ‘‘B’’. 

In Addendum B of the CY 2021 

OPPS/ASC final rule with comment 

period, HCPCS code G2211 was 

incorrectly assigned to status indicator 

‘‘N’’ to indicate that it should be 

packaged under the OPPS. We intended 

to assign this code to status indicator 

‘‘B’’ to indicate that it should not be 

payable under the OPPS because this 

code is an add-on code to existing 

Evaluation and Management code(s) 

that are assigned to status indicator ‘‘B’’. 

Therefore, in the Addendum B (Final 

OPPS Payment by HCPCS code for CY 

2021), we corrected the following: 

• HCPCS code G2211 (Visit 

complexity inherent to evaluation and 

management associated with medical 

care services that serve as the 

continuing focal point for all needed 

health care services and/or with medical 

care services that are part of ongoing 

care related to a patient’s single, serious 

condition or a complex condition. (addon code, list separately in addition to 

office/outpatient evaluation and 

management visit, new or established)). 

We made a typographical error in the 

status indicator assignment. 

Specifically, we are correcting the status 

indicator from ‘‘N’’ to ‘‘B’’. 

In Addendum B of the CY 2021 

OPPS/ASC final rule with comment 

period, HCPCS code A9591 had an 

incorrect payment rate of $0.752. We 

corrected the following: 

• For HCPCS A9591 (Fluoroestradiol 

f 18, diagnostic, 1 millicurie), we 

included an incorrect payment rate. 

Specifically, we are correcting the 

payment rate from $0.752 to $626.583. 

In Addendum C of the CY 2021 

OPPS/ASC final rule with comment 

period, APC 9370, HCPCS code A9591 

had an incorrect payment rate of $0.752. 

We corrected the following: 

• For APC 9370 (Fluoroestradiol f 18), 

HCPCS code A9591 (Fluoroestradiol f 

18, diagnostic, 1 millicurie), we 

included an incorrect payment rate. 

Specifically, we are correcting the 

payment rate from $0.752 to $626.583. 

In Addendum P, in the tab titled 

‘‘2021 FR Device Intensive List’’, we 

inadvertently omitted CPT code 0404T 

from this list. CPT code 0404T was 

finalized as a device-intensive 

procedure for CY 2021 with a device 

offset percentage of 31 percent. We have 

added this procedure to the list of 

device-intensive procedures on this tab 

in Addendum P. 

To view the corrected CY 2021 OPPS 

status indicators, comment indicators, 

APC assignments, relative weights, 

payment rates, copayment rates, deviceintensive status, and short descriptors in 

Addenda A, B, C, and P, 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–1736–CN’’ from the list of 

regulations. All corrected Addenda for 

this correcting document are contained 

in the zipped folder titled ‘‘2021 OPPS 

Final Rule Addenda’’ at the bottom of 

the page for CMS–1736–CN. 

2. ASC Payment System Addenda 

Posted on the CMS Website 

In Addenda AA and BB, we 

inadvertently applied an incorrect ASC 

weight scalar to calculate payment rates 

under the ASC payment system. In our 

CY 2021 OPPS/ASC final rule with 

comment period, we finalized a policy 

to unpackage HCPCS code J1097 

(phenylephrine 10.16 mg/ml and 

ketorolac 2.88 mg/ml ophthalmic 

irrigation solution, 1 ml) for CY 2021 

(85 FR 86172). However, in our budget 

neutrality adjustment calculation, we 

inadvertently omitted prospective 

expenditures related to J1097 for CY 

2021. This error impacted the 

calculation of the ASC weight scalar and 

ASC payment rates. Accordingly, we 

have updated Addenda AA and BB to 

accurately reflect the ASC payment rates 

based on the revised ASC weight scalar, 

as corrected in this notice and updated 

to include the increased MPFS rates 

required by section 101(a) of Division N, 

Title I of the Consolidated 

Appropriations Act, 2021. 

In Addendum BB of the CY 2021 

OPPS/ASC final rule with comment 

period, HCPCS code A9591 had an 

incorrect payment rate of $0.75. We 

corrected the following: 

• For HCPCS A9591 (Fluoroestradiol 

f 18, diagnostic, 1 millicurie), we 

included an incorrect payment rate. 

Specifically, we are correcting the 

payment rate from $0.75 to $626.58. 

To view the corrected final CY 2021 

ASC payment indicators, payment 

weights, payment rates, and multiple 

procedure discounting indicator in 

Addenda AA and BB, 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–1736–CN’’ from the list of 

regulations. All corrected ASC addenda 

for this correcting document are 

contained in the zipped folder titled 

‘‘Addendum AA, BB, DD1, DD2, and 

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

1736–CN. 

III. Waiver of Proposed Rulemaking, 

60-Day Comment Period, and Delay in 

Effective Date 

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

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of proposed rulemaking in the 

Federal Register before the provisions 

of a rule take effect. Similarly, section 

1871(b)(1) of the Act requires the 

Secretary to provide notice of the 

proposed rulemaking in the Federal 

Register and 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 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11431 

553(b)(B) and 553(d)(3) of the APA 

provide for exceptions from the notice 

and comment and delay in effective date 

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 are impracticable, unnecessary, 

or contrary to the public interest. In 

addition, both sections 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 rule that 

would be subject to the notice and 

comment or delayed effective date 

requirements. This document corrects 

technical and typographic errors in the 

preamble, addenda, payment rates, 

tables, and appendices included or 

referenced in the CY 2021 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. As a result, this 

correcting document is intended to 

ensure that the information in the CY 

2021 OPPS/ASC final rule with 

comment period accurately reflects the 

policies adopted in that document. 

In addition, even if this were a rule to 

which the notice and comment 

procedures and delayed effective date 

requirements applied, we find that there 

is good cause to waive such 

requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

document into the final rule or delaying 

the effective date would be contrary to 

the public interest because it is in the 

public’s interest for providers to receive 

appropriate payments in as timely a 

manner as possible, and to ensure that 

the CY 2021 OPPS/ASC final rule 

accurately reflects our policies as of the 

date they take effect and are applicable. 

Furthermore, such procedures would 

be unnecessary, as we are not altering 

our payment methodologies or policies, 

but rather, we are simply correctly 

implementing the policies that we 

previously proposed, received comment 

on, and subsequently finalized. This 

correcting document is intended solely 

to ensure that the CY 2021 OPPS/ASC 

final rule with comment period 

accurately reflects these payment 

methodologies and policies. For these 

reasons, we believe we have good cause 

to waive the notice and comment and 

effective date requirements. Moreover, 

even if these corrections were 

considered to be retroactive rulemaking, 

they would be authorized under section 

1871(e)(1)(A)(ii) of the Act, which 

permits the Secretary to issue a rule for 

the Medicare program with retroactive 

effect if the failure to do so would be 

contrary to the public interest. As we 

have explained previously, we believe it 

would be contrary to the public interest 

not to implement the corrections in this 

correcting document 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 2021 OPPS/ASC final rule with 

comment period accurately reflects our 

policies. 

IV. Correction of Errors 

In FR Doc. 2020–26819 of December 

29, 2020 (85 FR 85866), make the 

following corrections: 

1. On page 85987, third column, after 

the second full paragraph ending with 

‘‘Addendum B is available via the 

internet on the CMS website.’’ and 

before the section titled ‘‘IV. OPPS 

Payment for Devices,’’ the following 

section and text are added: 

31. Other Procedures/Services 

For CY 2021, we proposed to continue 

to assign CPT code 0607T to APC 5012 

(Clinic Visits and Related Services) with 

status indicator ‘‘V’’ (Clinic or 

Emergency Department Visit. Paid 

under OPPS; separate APC payment) 

and a proposed payment rate of $120.88. 

In addition, we proposed to continue to 

assign CPT code 0608T to APC 5741 

(Level 1 Electronic Analysis of Devices) 

with status indicator ‘‘S’’ (Procedure or 

Service, Not Discounted When Multiple. 

Paid under OPPS; separate APC 

payment) and a proposed payment rate 

of $37.76. Below are the long 

descriptors for CPT codes 0607T and 

0608T: 

• 0607T: Remote monitoring of an 

external continuous pulmonary fluid 

monitoring system, including 

measurement of radiofrequency-derived 

pulmonary fluid levels, heart rate, 

respiration rate, activity, posture, and 

cardiovascular rhythm (e.g., ECG data), 

transmitted to a remote 24-hour 

attended surveillance center; set-up and 

patient education on use of equipment; 

and 

• 0608T: Remote monitoring of an 

external continuous pulmonary fluid 

monitoring system, including 

measurement of radiofrequency-derived 

pulmonary fluid levels, heart rate, 

respiration rate, activity, posture, and 

cardiovascular rhythm (e.g., ECG data), 

transmitted to a remote 24-hour 

attended surveillance center; analysis of 

data received and transmission of 

reports to the physician or other 

qualified health care professional. 

Comment: A commenter requested 

that we reassign CPT codes 0607T and 

0608T to non-payable OPPS status 

indicators because the commenter 

contended that the service associated 

with the codes is not provided to 

hospital outpatients during a hospital 

outpatient encounter. The commenter 

specifically requested that both codes be 

reassigned to either status indicator ‘‘B’’ 

(Codes that are not recognized by OPPS. 

Not paid under OPPS) or ‘‘M’’ (Items 

and Services Not Billable to the MAC. 

Not paid under OPPS) for both codes. 

The commenter reported that the 

services are prescribed by individual 

physicians, and are not currently 

provided to either hospital inpatients or 

outpatients, or in conjunction with any 

hospital service. According to the 

commenter, there is no hospital in the 

U.S. that possesses the technology to 

provide a remote pulmonary fluid 

monitoring system and further stated 

that ambulatory fluid monitoring system 

is only available through a single 

Independent Diagnostic Testing Facility 

(IDTF) in Pittsburgh, Pennsylvania. The 

commenter explained that an individual 

physician will prescribe the ambulatory 

fluid monitoring device for their patient 

and submit the medical order to the 

IDTF. Thereafter, the IDTF is ultimately 

responsible for the transmission, 

analysis, and creation of reports to the 

prescribing physician. 

Response: Based on our review of the 

codes and input from our medical 

advisors, the services described by CPT 

codes 0607T and 0608T may be 

provided in an HOPD setting. While the 

commenter has indicated that the 

services described by the codes are 

currently performed by one IDTF, we 

believe that the services can be 

performed by HOPDs. Consequently, for 

CY 2021, we believe that we should 

continue to assign these codes to APCs 

5012 and 5741 so that HOPDs can be 

paid separately if they provide these 

services in the HOPD setting. Therefore, 

we are finalizing our proposal, without 

modification, to assign CPT codes 

0607T and 0608T to APCs 5012 and 

5741, respectively. The final CY 2021 

payment rate for the codes can be found 

in Addendum B to this final rule with 

comment period (which is available via 

the internet on the CMS website). 

11432 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

1The Commission notes that the scope of the 

revisions in this Report and Order is limited and 

that it declines to adopt at this time any of the other 

proposals submitted by commenters or advanced by 

the Commission in its Notice of Proposed 

Rulemaking. See, e.g., Letter from Claude Aiken, 

President and CEO, WISPA, to Marlene H. Dortch, 

Secretary, FCC, WT Docket No. 17–79 (filed Aug. 

27, 2018); Updating the Commission’s Rule for 

Over-the-Air Reception Devices, WT Docket No. 19– 

71, Notice of Proposed Rulemaking, 34 FCC Rcd 

2695 (2019) (Notice). 

2. On page 86033, first column, first 

full paragraph, in line 5 and 6, ‘‘third 

quarter of CY 2020’’ is corrected to read 

‘‘second quarter of CY 2020’’. 

3. On page 86035, third column, first 

partial paragraph, in line 4, the year 

‘‘CY 2018’’ is corrected to read ‘‘CY 

2021’’. 

4. On Page 86063, Table 42, in the 

entry for HCPCS code Q4222, under the 

column for ‘‘Final CY 2021 High/Low 

Cost Assignment,’’ ‘‘Low’’ is corrected 

to read ‘‘High’’. 

5. On page 86154, Table 59, in the 

entry for CPT code 0404T, under the 

column ‘‘Final CY 2021 ASC Payment 

Indicator,’’ ‘‘G2’’ is corrected to read 

‘‘J8’’. 

6. On page 86165, Table 60, in the 

entry for CPT code 0404T, under the 

column ‘‘Final CY 2021 ASC Payment 

Indicator,’’ ‘‘G2’’ is corrected to read 

‘‘J8’’. 

7. On page 86175, third column, after 

the first partial paragraph, add the 

following text: 

On April 10, 2018, OMB issued OMB 

Bulletin No. 18–03 which superseded 

the August 15, 2017 OMB Bulletin No. 

17–01. On September 14, 2018, OMB 

issued OMB Bulletin 18–04 which 

superseded the April 10, 2018 OMB 

Bulletin No. 18–03. A copy of OMB 

Bulletin No. 18–04 may be obtained at 

https://www.whitehouse.gov/wpcontent/ 

uploads/2018/90/Bulletin-18-04.pdf. We 

are utilizing the revised delineations as 

set forth in the April 10, 2018 OMB 

Bulletin No. 18–03 and the September 

14, 2018 OMB Bulletin No. 18–04 to 

calculate the CY 2021 ASC wage index 

effective beginning January 1, 2021.’’ 

8. On page 86176, third column, first 

full paragraph, in line 10, the figure 

‘‘0.8591’’ is corrected to read ‘‘0.8547.’’ 

9. On page 86182, in footnote 107, the 

url ‘‘https://www.cms.gov/ResearchStatistics-DataandSystems/ComputerData-and-Systems/IDR/index.html’’ is 

corrected to read ‘‘https://www.cms.gov/ 

Research-Statistics-Data-and-Systems/ 

Computer-Data-and-Systems/IDR’’. 

10. On page 86192, in footnote 110, 

the url ‘‘https://www.qualitynet.org/asc/ 

data-submission#tab2’’ is corrected to 

read: ‘‘https://www.qualitynet.org/asc/ 

ascqr/participation#tab2’’. 

11. On page 86273, second column, 

third full paragraph, in lines 7 and 8, 

the figure ‘‘0.2 percent’’ is corrected to 

read ‘‘2.6 percent’’. 

12. On page 86282, second column, in 

the first paragraph under ‘‘2. Estimated 

Effects of CY 2021 ASC Payment System 

Changes,’’ in line 10, the figure 

‘‘0.8591’’ is corrected to read ‘‘0.8547.’’ 

Dated: February 19, 2021. 

Wilma M. Robinson, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2021–03852 Filed 2–22–21; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WT Docket No. 19–71; FCC 21–10; FRS 

17395] 

FCC Modernizes Siting Rule for Small 

Hub and Relay Wireless Antennas 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communication’s Commission 

(‘‘Commission’’) updates its rule for 

over-the-air reception devices (OTARD) 

to expand its coverage to include hub 

and relay antennas that are used for the 

distribution of broadband-only fixed 

wireless services to multiple customer 

locations, regardless of whether they are 

primarily used for this purpose, 

provided the antennas satisfy other 

conditions of the OTARD rule. The 

Report and Order will allow fixed 

wireless service providers to bring faster 

internet speeds, lower latency, and 

advanced applications to rural and 

underserved communities in particular. 

DATES: Effective March 29, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Georgios Leris, Georgios.Leris@fcc.gov, 

Competition & Infrastructure Policy 

Division, Wireless Telecommunications 

Bureau, (202) 418–1994. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order in WT Docket No. 19–71, 

FCC 21–10, adopted on January 7, 2021 

and released on January 7, 2021. The 

full text of this document is available for 

public inspection online at https://

docs.fcc.gov/public/attachments/FCC21-10A1.pdf. Documents will be 

available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format, 

etc.), and reasonable accommodations 

(accessible format documents, sign 

language interpreters, CART, etc.) may 

be requested by sending an email to 

FCC504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

Synopsis 

1. The Commission in this document 

updates its rule for over-the-air 

reception devices (OTARD) to expand 

its coverage to include hub and relay 

antennas that are used for the 

distribution of broadband-only fixed 

wireless services to multiple customer 

locations, regardless of whether they are 

primarily used for this purpose, 

provided the antennas satisfy other 

conditions of the rule.1 By making this 

modest adjustment to the Commission’s 

rule while maintaining the other 

existing OTARD restrictions, it places 

fixed wireless broadband-only service 

providers on similar competitive footing 

with other service providers. This rule 

change should allow fixed wireless 

service providers to bring faster internet 

speeds, lower latency, and advanced 

applications—like the Internet of 

Things, telehealth, and remote 

learning—to all areas of the country, 

and to rural and underserved 

communities in particular. 

2. The Commission’s OTARD rule 

prohibits laws, regulations, or 

restrictions imposed by State or local 

governments or private entities that 

impair the ability of antenna users to 

install, maintain, or use over-the-air 

reception devices. The Commission 

adopted the rule as directed by section 

207 of the Telecommunications Act of 

1996, pursuant to the Commission’s 

authority under section 303 of the 

Communications Act of 1934. The rule 

prohibits restrictions that unreasonably 

delay or prevent installation, 

maintenance, or use of an antenna; 

unreasonably increase the cost of 

installation, maintenance, or use of an 

antenna; or preclude reception of an 

acceptable quality signal. For the 

OTARD rule to apply, the antenna must 

be installed ‘‘on property within the 

exclusive use or control of the antenna 

user where the user has a direct or 

indirect ownership or leasehold interest 

in the property’’ upon which the 

antenna is located. 

3. The original OTARD rule applied 

only to antennas used to receive video 

programming signals, but in the 2000 

Competitive Networks First Report and 

Order the Commission expanded the 

rule to apply to ‘‘customer-end antennas