Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations 36613 

Authority 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program). 

Dated: June 29, 2007. 

Leslie V. Norwalk, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. 07–3260 Filed 6–29–07; 3:21 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412 and 413 

[CMS–1529–CN] 

RIN 0938–AO30 

Medicare Program; Prospective 

Payment System for Long-Term Care 

Hospitals RY 2008: Annual Payment 

Rate Updates, and Policy Changes; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical errors in the ‘‘Medicare 

Program; Prospective Payment System 

for Long-Term Care Hospitals RY 2008: 

Annual Payment Rate Updates, and 

Policy Changes; and Hospital Direct and 

Indirect Graduate Medical Education 

Policy Changes; Final Rule’’ (hereinafter 

referred to as the RY 2008 LTCH PPS 

final rule) that appeared in the May 11, 

2007 Federal Register. We are 

correcting the high cost outlier (HCO) 

fixed-loss amount that is effective for 

long-term care hospital (LTCH) 

prospective payment system (PPS) 

payments beginning on or after July 1, 

2007 from $22,954 to $20,738. The 

incorrect fixed-loss amount was 

determined due to a typographical error 

in the computer programming. We are 

also correcting figures in Table 9 and 

Table 11 since the incorrect figures 

originally published originated from the 

same typographical error. We are 

making additional conforming changes 

to the preamble of the final rule which 

were necessary as a result of the 

correction of the fixed-loss amount and 

the figures in Tables 9 and 11. 

EFFECTIVE DATE: July 1, 2007. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487 (General 

information). Elizabeth Truong, (410) 

786–6005 (Federal rate update, budget 

neutrality, other adjustments, and 

calculation of the payment rates). 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 07–2206 (72 FR 26870), 

there were technical errors stemming 

from a typographical error in the 

computer programming of the payment 

simulation program that are identified 

and corrected in the Correction of Errors 

section below. The provisions in this 

correction notice are effective as if they 

had been included in the RY 2008 LTCH 

PPS final rule. Accordingly, the 

corrections are effective July 1, 2007. 

II. Summary of Errors 

In the RY 2008 LTCH PPS final rule, 

we incorrectly calculated the HCO 

fixed-loss amount. Specifically, we 

discovered that there was a 

typographical error in one of the 

numeric inputs used in the payment 

simulation program and this resulted in 

an understating of the nonlabor share of 

payments to LTCHs. Since the nonlabor 

related share is used in the calculation 

of the fixed-loss amount, this error 

caused the fixed-loss amount to be 

inaccurate. We corrected the 

typographical error in the payment 

simulation program and computed the 

payment using the same payment 

methodology that was discussed and 

used in the final rule. Consequently, the 

corrected final fixed-loss amount for RY 

2008 is $20,738. This document 

replaces all incorrect HCO fixed-loss 

amounts references in the RY 2008 

LTCH PPS final rule with the corrected 

fixed-loss amount of $20,738. 

Furthermore, the payment simulation 

program was used in the analysis of 

payment changes for the impact section 

of the RY 2008 LTCH PPS final rule. 

Specifically, Tables 9 and 11 of the final 

rule address the projected impact of 

payment rate policy changes by 

comparing payments based on the 

policies that were in effect for RY 2007 

to LTCH PPS payments based on 

policies to be in effect for RY 2008, 

including the RY 2008 HCO fixed-loss 

amount (72 FR 26870, 26977 through 

26978, and 26985 through 26986). In 

this correction notice, we are providing 

the revised Tables 9 and 11 to reflect the 

changes resulting from correcting the 

typographical error in the payment 

simulation program. We note that it was 

necessary to revise only two columns in 

Table 11. Correcting the typographical 

error for the nonlabor share generally 

reduced the estimated impact on 

estimated payments per discharge from 

RY 2007 to RY 2008 due to finalized 

changes to the area wage adjustment 

(column 7). In addition, applying the 

revised fixed-loss amount, which is 

$2,216 lower than the incorrect fixedloss amount applied in the RY 2008 

LTCH PPS final rule, generally reduced 

the estimated impact on estimated 

payments per discharge from RY 2007 to 

RY 2008 (column 9). In addition, we are 

making conforming changes to the 

preamble of the final rule (as indicated 

in Section III. of this correction notice) 

that are necessary as a result of the 

correction of the fixed-loss amount and 

Tables 9 and 11. 

III. Correction of Errors 

In FR Doc. 07–2206 (72 FR 26870), 

make the following corrections: 

1. On page 26898, 

a. In the 2nd column, 1st full 

paragraph, lines 25 and 30, the figure 

‘‘$22,954’’ is corrected to read 

‘‘$20,738’’. 

b. In the 3rd column, 2nd full 

paragraph, lines 4 and 11, the figure 

‘‘$22,954’’ is corrected to read 

‘‘$20,738’’. 

2. On page 26899, 

a. In the 1st column, 

(1) In the 1st partial paragraph, 

(a) Line 26, the figure ‘‘3.8’’ is 

corrected to read ‘‘1.2’’. 

(b) Line 42, the figure ‘‘1.0’’ is 

corrected to read ‘‘0.5’’. 

(c) Lines 46 through 48, the sentence 

‘‘We also project an estimated 2.5 

percent decrease in estimated payments 

per discharge from RY 2007 to RY 2008 

due’’ is corrected to read, ‘‘We also 

project an estimated 0.4 percent 

decrease in estimated payments per 

discharge from RY 2007 to RY 2008 

primarily due’’. 

(2) In the 1st full paragraph, line 2, 

the figure ‘‘$22,954’’ is corrected to read 

‘‘$20,738’’. 

b. In the 2nd column, 

(1) In the 1st partial paragraph, line 

14, the figure ‘‘10’’ is corrected to read 

‘‘8’’. 

(2) In the 1st partial paragraph, line 

31, the figure ‘‘10’’ is corrected to read 

‘‘8.5’’. 

3. On page 26900, in the 1st column, 

in the 3rd full paragraph, in the 2nd line 

from the bottom, the figure ‘‘$22,954’’ is 

corrected to read ‘‘$20,738’’. 

4. On page 26977, in the 3rd column, 

in the 1st partial paragraph, lines 27 and 

28, the phrase ‘‘approximately $156 

million (or about 3.8 percent).’’ is 

corrected to read, ‘‘approximately $50 

million (or about 1.2 percent). In 

addition, applying the case-mix 

adjustment (2.49 percent) to account for 

the increase in payments in FY 2005, 

the result is estimated to be an impact 

of approximately $100 million.’’

5. On pages 26977 through 26978, 

Table 9: Estimated Impact of the 


jlentini on PROD1PC65 with RULES
36614 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations 

Provisions of this Final Rule is corrected 

to read as follows: 

TABLE 9.—ESTIMATED IMPACT OF THE PROVISIONS OF THIS FINAL RULE 1

Policy 

Estimated 

percent change in 

estimated aggregate LTCH PPS 

payments 

Payment Rate and Policy Changes: 

Changes to the Federal Rate 2 ............................................................................................................................................... 0 .6 

Changes to the Area Wage Adjustment ................................................................................................................................ ¥0 .5 

Revision of the SSO Policy .................................................................................................................................................... ¥0 .9 

Adjustment of the High Cost Outlier Threshold 3 ................................................................................................................... ¥0 .4 

Subtotal 4 ......................................................................................................................................................................... ¥1 .2 

Expansion of the ‘‘25 Percent’’ Policy 5 ......................................................................................................................................... 0 

Total 6 (¥1.2% + 0%) .............................................................................................................................................. ¥1 .2 

1Percent change in estimated aggregate LTCH PPS payments from the 2007 LTCH PPS rate year to the 2008 LTCH PPS rate year based on 

the best available data for 377 LTCHs. 2As discussed in greater detail in section XV.B.4. of this regulatory impact analysis, about 34 percent of all LTCH cases are projected to receive a payment under the existing SSO policy that is based either on the estimated cost of the case or the ‘‘IPPS comparable amount’’ (rather 

than the Federal rate). Therefore, the percent change in estimated aggregate LTCH PPS payments due to the changes to the Federal rate, 0.61 

percent, is slightly less than the update to the Federal rate of 0.71 percent. 3This estimated 0.4 percent decrease in estimated payments per discharge from RY 2007 to RY 2008 is primarily due to the changes in the 

fixed-loss amount resulting from the use of more recent LTCH data to estimate the cost of each LTCH case. 4We also note that the estimated percent change for all payment rate and policy changes may not exactly equal the sum of the estimated percent change for the changes to the Federal rate, the changes to the area wage adjustment and the revision of the SSO policy due to the effect 

of estimated changes in aggregate HCO payments, as well as other interactive effects that cannot be isolated. 5Expansion of the existing special payment provision for co-located LTCHs (HwHs and satellites of LTCHs) at existing § 412.534 to certain situations not presently covered by existing § 412.534 for subclause (I) LTCHs (as discussed in section V.B. of the preamble of this final rule). 6Total estimated impact of the provisions of this final rule (that is, sum of the estimated impact of the payment rate and policy change, including the revision of the SSO policy, and the estimated impact of the expansion of the ‘‘25 percent’’ policy). 

6. On page 26978, 

a. In the 1st column, 1st paragraph, 

lines 6 and 7, the phrase ‘‘We note the 

$156 million (or 3.8 percent)’’ is 

corrected to read, ‘‘We note the 

approximately $50 million (or 1.2 

percent)’’. 

(b) In the 2nd column, 

(1) In the 2nd full paragraph, 

(a) Line 3, the figure ‘‘3.8’’ is corrected 

to read ‘‘1.2’’. 

(b) Line 4, the figure ‘‘$156 million’’

is corrected to read ‘‘approximately $50 

million’’. 

(c) Line 9 the figure ‘‘3.8’’ is corrected 

to read ‘‘1.2’’. 

b. In the 3rd column, in the 1st partial 

paragraph, line 7, the figure ‘‘3.8’’ is 

corrected to read ‘‘1.2’’. 

7. On page 26979, 

a. In the 1st column, 

(1) In the 1st full paragraph, 

(a) Line 2, the figure ‘‘2.5’’ is corrected 

to read ‘‘0.4’’. 

(b) Lines 4 and 5, the phrase 

‘‘discharge from RY 2007 to RY 2008 

due to the changes in’’ is corrected to 

read ‘‘discharge from RY 2007 to RY 

2008 due primarily to the changes in’’. 

b. In the 2nd column, 

(1) In the 1st partial paragraph, 

(a) Line 14, the figure ‘‘9’’ is corrected 

to read ‘‘8.5’’. 

(b) Line 28, the figure ‘‘10.3’’ is 

corrected to read ‘‘9.6’’. 

(c) Line 42, the figure ‘‘22,954’’ is 

corrected to read ‘‘$20,738’’. 

(d) Lines 44 and 45, the phrase 

‘‘estimated aggregate LTCH PPS 

payments of 2.5 percent, we believe 

that’’ is corrected to read ‘‘estimated 

aggregate LTCH PPS payments of 0.4 

percent, we believe that’’. 

(2) In the 1st full paragraph, line 5, 

the figure ‘‘3.8’’ is corrected to read 

‘‘1.2’’. 

c. In the 3rd column, in the 1st partial 

paragraph, lines 2 and 3, the phrase 

‘‘finalizing a 3.8 percent decrease to the 

Federal rate’’ is corrected to read 

‘‘finalizing an estimated 1.2 percent 

decrease in estimated LTCH PPS 

payments’’. 

8. On page 26980, 

a. In the 1st column, 1st full 

paragraph, line 21, the figure ‘‘1.0’’ is 

corrected to read ‘‘0.5’’. 

b. In the 2nd column, 2nd full 

paragraph, line 5, the figure ‘‘3.8’’ is 

corrected to read ‘‘1.2’’. 

c. In the 3rd column, 2nd full 

paragraph, 

(1) Line 4, the figure ‘‘3.8’’ is 

corrected to read ‘‘1.2’’. 

(2) Line 5, the figure ‘‘$156 million’’

is corrected to read ‘‘$50 million’’. 

9. On page 26981, in the 1st column, 

1st partial paragraph, line 2, the figure 

‘‘6.2’’ is corrected to read ‘‘3.1’’. 

10. On page 26982, 

a. In the 1st column, 1st full 

paragraph, 

(1) Line 2, the figure ‘‘2.8’’ is 

corrected to read ‘‘0.7’’. 

(2) Lines 4 and 5, the phrase ‘‘per 

discharge to rural LTCHs from RY 2007 

to RY 2008 due to the changes in’’ is 

corrected to read ‘‘per discharge to rural 

LTCHs from RY 2007 to RY 2008 due 

primarily to the changes in’’. 

(3) Line 29, the figure ‘‘$22,954’’ is 

corrected to read ‘‘$20,738’’. 

(4) Lines 32 and 33, the phrase 

‘‘payments to rural hospitals by 2.8 

percent, we believe that this is’’ is 

corrected to read ‘‘payments to rural 

LTCHs, we believe that this is’’. 

b. In the 2nd column, in the 1st full 

paragraph, lines 26 and 39, the figure 

‘‘6.2’’ is corrected to read ‘‘3.1’’. 

11. On page 26984, in the 2nd 

column, 1st partial paragraph, line 4, 

the figure ‘‘$22,954’’ is corrected to read 

‘‘$20,738’’. 

12. On pages 26985 and 26986, Table 

11: Projected Impact of Payment Rate 

and Payment Rate Policy Changes to 

LTCH PPS Payments for RY 2008 is 

corrected to read as follows: 


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Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations 36615 

TABLE 11.—PROJECTED IMPACT OF PAYMENT RATE AND PAYMENT RATE POLICY CHANGES TO LTCH PPS PAYMENTS

FOR RY 2008 

LTCH Classification Number of 

LTCHs 

Number of 

LTCH PPS cases 

Average RY 

2007 LTCH 

PPS rate 

year 

payment 

per case 

Average RY 

2008 LTCH 

PPS rate 

year 

payment 

per case 

Percent 

change in estimated payments per 

discharge 

from RY 

2007 to RY 

2008 for 

finalized 

changes to 

the Federal 

rate 

Percent 

change in estimated payments per 

discharge 

from RY 

2007 to RY 

2008 for 

finalized 

changes to 

the area 

wage 

adjustment 

Percent 

change in estimated payments per 

discharge 

from RY 

2007 to RY 

2008 for 

finalized 

changes to 

the SSO 

policy 

Percent 

change in 

payments per 

discharge 

from RY 

2007 to RY 

2008 for all 

changes 

ALL PROVIDERS ...................................... 377 129,812 $32,968.71 $32,562.05 0 .6 ¥0 .5 ¥0 .9 ¥1 .2 

By Location: 

RURAL ............................................... 23 5,300 27,010.90 26,162.27 0 .7 ¥2 .2 ¥0 .9 ¥3 .1 

URBAN ............................................... 354 124,512 33,222.31 32,834.47 0 .6 ¥0 .4 ¥0 .9 ¥1 .2 

LARGE ........................................ 182 75,064 34,591.56 34,353.33 0 .6 ¥0 ¥0 .9 ¥0 .7 

OTHER ....................................... 172 49,448 31,143.73 30,528.78 0 .6 ¥1 .2 ¥0 .9 ¥2 

By Participation Date: 

BEFORE OCT. 1983 ......................... 16 6,989 28,729.04 28,674.54 0 .6 0 .2 ¥0 .6 ¥0 .2 

OCT. 1983–SEPT. 1993 .................... 44 20,751 34,169.65 33,823.79 0 .6 ¥0 .2 ¥0 .9 ¥1 

OCT. 1993–SEPT. 2002 .................... 203 73,460 32,818.53 32,447.29 0 .6 ¥0 .5 ¥0 .8 ¥1 .1 

AFTER OCTOBER 2002 ................... 108 27,949 33,597.54 32,959.21 0 .6 ¥0 .9 ¥1 .1 ¥1 .9 

UNKNOWN PARTICIPATION DATE 6 663 30,205.22 30,024.91 0 .6 ¥0 .5 ¥0 .7 ¥0 .6 

By Ownership Type: 

VOLUNTARY ..................................... 83 25,732 32,181.69 31,691.50 0 .6 ¥0 .6 ¥1 ¥1 .5 

PROPRIETARY ................................. 254 97,294 33,104.72 32,737.43 0 .6 ¥0 .5 ¥0 .9 ¥1 .1 

GOVERNMENT ................................. 14 2,694 36,419.51 35,676.30 0 .6 ¥0 .8 ¥0 .9 ¥2 

UNKNOWN OWNERSHIP TYPE ...... 23 4,027 32,404.90 31,809.07 0 .6 ¥0 .7 ¥1 ¥1 .8 

By Census Region: 

NEW ENGLAND ................................ 16 9,634 27,887.51 27,850.12 0 .6 0 .3 ¥0 .7 ¥0 .1 

MIDDLE ATLANTIC ........................... 30 8,114 33,652.40 33,219.72 0 .6 ¥0 .7 ¥0 .9 ¥1 .3 

SOUTH ATLANTIC ............................ 47 13,402 36,643.93 36,003.38 0 .6 ¥0 .9 ¥1 ¥1 .7 

EAST NORTH CENTRAL .................. 69 19,477 35,747.81 35,504.41 0 .6 ¥0 ¥0 .9 ¥0 .7 

EAST SOUTH CENTRAL .................. 28 7,848 33,545.58 32,685.39 0 .6 ¥1 .7 ¥1 ¥2 .6 

WEST NORTH CENTRAL ................. 18 5,337 35,484.45 34,896.78 0 .6 ¥0 .7 ¥0 .9 ¥1 .7 

WEST SOUTH CENTRAL ................. 129 50,983 29,564.84 28,976.97 0 .6 ¥1 .2 ¥0 .9 ¥2 

MOUNTAIN ........................................ 22 5,768 35,135.25 35,239.57 0 .6 1 .1 ¥1 .1 0 .3 

PACIFIC ............................................. 18 9,249 41,954.57 42,350.72 0 .6 1 .5 ¥0 .7 0 .9 

By Bed Size: 

BEDS: 0–24 ....................................... 32 4,998 30,275.32 29,713.64 0 .7 ¥0 .8 ¥0 .9 ¥1 .9 

BEDS: 25–49 ..................................... 196 45,487 33,230.63 32,686.65 0 .6 ¥0 .9 ¥1 ¥1 .6 

BEDS: 50–74 ..................................... 65 24,371 33,247.51 32,865.03 0 .6 ¥0 .4 ¥0 .9 ¥1 .2 

BEDS: 75–124 ................................... 48 22,364 33,634.49 33,243.59 0 .6 ¥0 .4 ¥0 .8 ¥1 .2 

BEDS: 125–199 ................................. 21 17,716 33,285.43 32,909.60 0 .6 ¥0 .2 ¥0 .9 ¥1 .1 

BEDS: 200 + ...................................... 15 14,876 31,237.88 31,203.20 0 .6 0 .3 ¥0 .7 ¥0 .1 

UNKNOWN BED SIZE ...................... 0 0 0.00 0.00 0 0 0 0 

13. On page 26986, in the 2nd 

column, in the 1st full paragraph, line 

4, the figure, ‘‘3.8’’ is corrected to read 

‘‘1.2’’. 

14. On page 26987, in the 3rd column, 

(a) In the 1st partial paragraph, line 

23, the figure ‘‘$22,954’’ is corrected to 

read ‘‘$20,738’’. 

b. In the 1st full paragraph, 

(1) Line 13, the figure ‘‘6.2’’ is 

corrected to read ‘‘3.1’’. 

(2) Line 14, the figure ‘‘3.7’’ is 

corrected to read ‘‘1.2’’. 

c. In the 3rd full paragraph, 

(1) Line 2, the figure ‘‘3.2’’ is 

corrected to read ‘‘0.7’’. 

(2) Line 7, the figure ‘‘4.7’’ is 

corrected to read ‘‘2’’. 

15. On page 26988, 

a. In the 1st column, 

(1) In the 1st full paragraph, lines 2 

and 3, the phrase, ‘‘experience a lower 

than average decrease in estimated 

payments per’’ is corrected to read, 

‘‘experience no change in estimated 

payments per’’. 

(2) In the 3rd full paragraph, line 12, 

the figure, ‘‘3.8’’ is corrected to read 

‘‘1.1’’. 

(3) In the 4th full paragraph, 

(a) Line 6, the figure, ‘‘ 3.4’’ is 

corrected to read, ‘‘1.0’’. 

(b) Line 18, the figure ‘‘0.8’’ is 

corrected to read ‘‘0.2’’. 

b. In the 2nd column, 

(1) The 1st full paragraph is corrected 

in its entirety to read as follows: 

‘‘LTCHs that began participating 

before October 1983 are projected to 

experience a 0.2 percent increase in 

estimated payments per discharge from 

the 2007 LTCH PPS rate year compared 

to the 2008 LTCH PPS rate year (see 

Table 11). We are projecting that LTCHs 

that began participating in Medicare 

before October 1983 would experience 

an increase in estimated payments for 

RY 2008 as compared to RY 2007 

primarily because we are projecting that 

LTCHs in this participation date 

category would experience a decrease in 

estimated payments in RY 2008 as 

compared to RY 2007 because several of 

these LTCHs are located in areas that 

have a wage index value of greater than 

1.0, as explained above. 

(2) In the 2nd full paragraph, 

(a) Line 7, the figure ‘‘4.5’’ is corrected 

to read as ‘‘1.9’’. 

(b) Line 19, the figure ‘‘1.5’’ is 

corrected to read as ‘‘0.9’’. 

c. In the 3rd column, 

(1) In the 1st partial paragraph, line 

10, the figure ‘‘4.5’’ is corrected to read 

as ‘‘2.0’’. 

(2) In the 1st full paragraph, line 5, 

the figure ‘‘4’’ is corrected to read as 

‘‘1.5’’. 

(3) In the 2nd full paragraph, line 6, 

the figure ‘‘3.7’’ is corrected to read as 

‘‘1.1’’. 

16. On page 26989, 

a. In the 1st column, 

(1) In the 1st partial paragraph, 


jlentini on PROD1PC65 with RULES
36616 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations 

(a) Lines 1 through 3, the phrase ‘‘East 

South Central and West South Central 

regions (5.3 percent and 4.8 percent, 

respectively; see’’ is corrected to read 

‘‘East South Central region (2.6 percent, 

see’’. 

(b) Lines 9 through 12, the phrase 

‘‘adjustment (2.3 percent for the East 

South Central region, and 1.7 percent 

for the West South Central region, as 

shown in Table 11)’’ is corrected to read 

‘‘adjustment (1.7 percent, as shown in 

Table 11)’’. 

(c) Line 15, the phrase ‘‘and the West 

South Central regions’’ is removed. 

b. In the 3rd full paragraph, 

(1) Line 10, the figure ‘‘4.7’’ is 

corrected to read ‘‘1.9’’. 

(2) Line 12, the figure ‘‘4.3’’ is 

corrected to read ‘‘1.6’’. 

c. In the 2nd column 

(1) In the 1st partial paragraph, line 

10, the figure ‘‘2.5’’ is corrected to read 

‘‘0.1’’. 

(2) In the 1st full paragraph, 

(a) Lines 12 and 13, the phrase ‘‘about 

$156 million’’ is corrected to read 

‘‘approximately $50 million’’. 

(b) Line 13, the figure ‘‘3.8’’ is 

corrected to read ‘‘1.2’’. 

17. On page 26991, in the 1st column, 

(a) In the 1st full paragraph, lines 5 

and 6, the phrase ‘‘payments of $156 

million (or about 3.8 percent)’’ is 

corrected to read ‘‘payments of 

approximately $50 million (or about 1.2 

percent)’’

(b) In Table 12, in the 2nd row, in the 

2nd column, line 4, the figure ‘‘$156’’ is 

corrected to read ‘‘$50’’. 

III. Waiver of Proposed Rulemaking 

and Delay in 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)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the correction notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

This correction notice corrects 

technical errors in the RY 2008 LTCH 

PPS final rule. It does not make 

substantive changes to the policies or 

payment methodologies that were 

adopted in the final rule. We believe it 

is unnecessary to undergo notice and 

comment procedures and have a 30-day 

delay in effective date of these technical 

changes because they merely ensure that 

the RY 2008 LTCH PPS final rule 

accurately reflects the policies that were 

adopted in that final rule, final policies 

which were previously subjected to 

notice and comment procedures and 

that have had more than a 30 daydelayed effective date. We believe it 

impracticable to engage in notice and 

comment procedures and have a 30-day 

delayed effective date for these 

technical corrections as the correct 

payment rates must be effective July 1, 

2007. 

Therefore, we are waiving proposed 

rulemaking and the 30-day delay in 

effective date for the technical 

corrections in this correction notice. 

Authority 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: June 29, 2007. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 07–3261 Filed 6–29–07; 3:21 pm] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–2388; MB Docket No. 05–102; RM–

10630] 

Radio Broadcasting Services; Akron 

and Denver, CO 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document grants a 

petition for rulemaking filed by Akron 

Broadcasting Company (‘‘Petitioner’’), 

seeking to amend the FM Table of 

Allotments by allotting Channel 279C1 

at Akron, Colorado, as the community’s 

first local aural transmission service. 

Channel 279C1 is allotted at Akron, 

Colorado, at Petitioner’s requested site 

24.5 kilometers (15.2 miles) southeast of 

the community at coordinates 40–03–28 

NL and 102–57–35 WL. 

DATES: Effective July 23, 2007. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC 

20554. 

FOR FURTHER INFORMATION CONTACT: 

Victoria McCauley, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 05–102, 

adopted June 6, 2007, and released June 

8, 2007. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY–

A257, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A). 

Provisions of the Regulatory Flexibility 

Act of l980 do not apply to this 

proceeding. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Colorado is amended 

by adding Akron, Channel 279C1. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–12650 Filed 7–3–07; 8:45 am] 

BILLING CODE 6712–01–P 


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