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[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59265-59266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24670]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 413

[CMS-1351-CN]
RIN 0938-AQ29

Medicare Program; Prospective Payment System and Consolidated 
Billing for Skilled Nursing Facilities for FY 2012; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors in the final rule 
entitled ``Medicare Program; Prospective Payment System and 
Consolidated Billing for Skilled Nursing Facilities for FY 2012'' that 
appeared in the August 8, 2011 Federal Register.

DATES: Effective Date: This correction is effective October 1, 2011.

FOR FURTHER INFORMATION CONTACT: John Kane, (410) 786-0557.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2011-19544 of August 8, 2011 (76 FR 48486), there were 
three technical errors that are identified and corrected in the 
Correction of Errors section of this document. The corrections in this 
correction document are effective as if they had been included in the 
August 8, 2011 Federal Register document. Accordingly, the corrections 
are effective October 1, 2011.

II. Summary of Errors

    The Addendum to the Skilled Nursing Facility (SNF) Prospective 
Payment System (PPS) final rule (76 FR 48486, 48540) inadvertently 
included several technical errors in wage index values in Table A (``FY 
2012 Wage Index for Urban Areas Based on CBSA Labor Market Areas'') and 
Table B (``FY 2012 Wage Index Based on CBSA Labor Market Areas for 
Rural Areas''). Tables A and B provide the urban and rural wage index 
values, respectively, that are used to calculate the labor-related 
portion of the FY 2012 payment rate for SNFs. We inadvertently omitted 
corrected wage and geographic classification data for two providers 
from the final FY 2012 wage index database that should have been 
included in the wage index calculation of the FY 2012 payment rates for 
SNFs. This resulted in incorrect wage index values being displayed in 
Table A for two CBSAs. Therefore, we are correcting the wage index 
values for those two CBSAs in Table A of the Addendum, in order to 
reflect the hospital wage index's most current wage data. The first 
correction in Table A of the Addendum (76 FR 48546) involves the wage 
index for CBSA 20020 (Dothan, AL-Geneva County, AL-Henry County, AL-
Houston County, AL), and reflects the receipt of revised wage data from 
an Alabama provider. The second correction in Table A of the Addendum 
(76 FR 48552) involves the wage index for CBSA 33740 (Monroe, LA-
Ouachita Parish, LA-Union Parish, LA), and reflects a change in 
geographic classification for a Louisiana provider.
    Finally, in Table B of the Addendum (76 FR 48561), we are 
correcting the wage index value for State Code 19 (Louisiana), in order 
to reflect the previously-cited change in geographic classification for 
a Louisiana provider. As these revisions involve only a limited number 
of individual entries in Tables A and B, we are not republishing these 
tables in their entirety in this document; however, we note that the 
corrected versions of both tables are available on the SNF PPS Web 
site, which can be accessed online at http://www.cms.gov/SNFPPS/.

III. Waiver of Proposed Rulemaking and Delayed Effective Date

    We ordinarily publish a notice of proposed rulemaking in the 
Federal

[[Page 59266]]

Register to provide a period for public comment before the provisions 
of a rule take effect in accordance with section 553(b) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we can 
waive this notice and comment procedure if we find, for good cause, 
that the notice and comment process is impracticable, unnecessary, or 
contrary to the public interest, and incorporate a statement of the 
finding and the reasons therefore in the document.
    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 this delay if we find good 
cause and publish in the notice an explanation of our good cause.
    We find for good cause that it is unnecessary to undertake notice 
and comment rulemaking because this document merely provides technical 
corrections to the FY 2012 SNF PPS final rule. 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 document is intended solely to 
ensure that the FY 2012 SNF PPS final rule 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 document 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 2012 SNF PPS final rule 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.

IV. Correction of Errors

    In FR Doc. 2011-19544 of August 8, 2011 (76 FR 48486), make the 
following corrections:
    1. On page 48546, in Table A (``FY 2012 Wage Index for Urban Areas 
Based on CBSA Labor Market Areas''), in the first set of columns, in 
the eighth row (CBSA 20020), third column, the wage index ``0.7130'' is 
corrected to read ``0.7390''.
    2. On page 48552, in Table A, in the second set of columns, in the 
fifth row (CBSA 33740), third column, the wage index ``0.7915'' is 
corrected to read ``0.7964''.
    3. On page 48561, in Table B (``FY 2012 Wage Index Based on CBSA 
Labor Market Areas for Rural Areas''), in the second set of columns, in 
the 19th row (State Code 19 (Louisiana)), third column, the wage index 
``0.7769'' is corrected to read ``0.7749''.

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

    Dated: September 16, 2011.
Barbara J. Holland,
Deputy Executive Secretary to the Department.
[FR Doc. 2011-24670 Filed 9-23-11; 8:45 am]
BILLING CODE 4120-01-P
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