Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68491 

TABLE 30—IMPACT TO THE SNF PPS FOR FY 2024—Continued 

Impact categories Number of 

facilities 

Parity 

adjustment 

recalibration 

(%) 

Update wage 

data 

(%) 

Total change 

(%) 

Freestanding rural ............................................................................................ 3,871 ¥2.2 ¥0.7 3.3 

Urban by region 

New England ................................................................................................... 734 ¥2.3 ¥0.7 3.2 

Middle Atlantic ................................................................................................. 1,471 ¥2.4 1.3 5.3 

South Atlantic ................................................................................................... 1,945 ¥2.3 0.1 4.1 

East North Central ........................................................................................... 2,181 ¥2.3 ¥0.7 3.2 

East South Central .......................................................................................... 555 ¥2.2 0.0 4.0 

West North Central .......................................................................................... 958 ¥2.3 ¥0.4 3.6 

West South Central ......................................................................................... 1,454 ¥2.3 0.0 4.0 

Mountain .......................................................................................................... 546 ¥2.3 ¥0.9 3.0 

Pacific .............................................................................................................. 1,404 ¥2.4 0.1 4.0 

Outlying ............................................................................................................ 6 ¥2.0 ¥2.6 1.6 

Rural by region 

New England ................................................................................................... 117 ¥2.3 ¥1.1 2.8 

Middle Atlantic ................................................................................................. 205 ¥2.2 ¥0.3 3.7 

South Atlantic ................................................................................................... 489 ¥2.2 0.1 4.2 

East North Central ........................................................................................... 907 ¥2.2 ¥0.9 3.1 

East South Central .......................................................................................... 491 ¥2.2 ¥0.8 3.2 

West North Central .......................................................................................... 1,011 ¥2.2 ¥0.9 3.1 

West South Central ......................................................................................... 738 ¥2.2 ¥0.5 3.5 

Mountain .......................................................................................................... 199 ¥2.3 ¥0.7 3.3 

Pacific .............................................................................................................. 91 ¥2.3 ¥2.0 1.9 

Outlying ............................................................................................................ 1 ¥2.3 0.1 3.9 

Ownership 

For profit .......................................................................................................... 10,912 ¥2.3 0.0 4.0 

Non-profit ......................................................................................................... 3,573 ¥2.3 0.0 3.9 

Government ..................................................................................................... 1,018 ¥2.3 ¥0.4 3.6 

Note: The Total column includes the FY 2024 6.4 percent market basket update. The values presented in Table 30 may not sum due to 

rounding. 

Wilma Robinson, 

Deputy Executive Secretary, Department of 

Health and Human Services. 

[FR Doc. 2023–22050 Filed 9–29–23; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1783–CN] 

RIN 0938–AV06 

Medicare Program; FY 2024 Inpatient 

Psychiatric Facilities Prospective 

Payment System—Rate Update; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the Federal 

Register on August 2, 2023 entitled 

‘‘Medicare Program; FY 2024 Inpatient 

Psychiatric Facilities Prospective 

Payment System—Rate Update’’. 

DATES: This correction is effective 

October 1, 2023. 

FOR FURTHER INFORMATION CONTACT: The 

IPF Payment Policy mailbox at 

IPFPaymentPolicy@cms.hhs.gov for 

information regarding the IPF wage 

index. 

Lauren Lowenstein-Turner, (410) 

786–4507, for information regarding the 

inpatient psychiatric facilities quality 

reporting program. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2023–16083 of August 2, 

2023, the fiscal year (FY) 2024 Inpatient 

Psychiatric Facilities Prospective 

Payment System (IPF PPS) final rule (88 

FR 51054), there were technical errors 

that are identified and corrected in this 

correcting document. These corrections 

are effective as if they had been 

included in the FY 2024 IPF PPS final 

rule. Accordingly, the corrections are 

effective October 1, 2023. 

II. Summary of Errors 

On page 51115, in the first line of the 

first column, we omitted a link after the 

phrase ‘‘available at.’’ 

On page 51122, in the first paragraph 

of the first column, we omitted a link 

after the phrase ‘‘we refer readers to the 

description of the survey in the Journal 

of Patient Experience:’’. 

On page 51122, in item (4) in the last 

paragraph of the second column, there 

is an extra ‘‘of’’. 

On page 51129, in footnote 218, the 

link is incorrect. 

On page 51129, in footnote 219, the 

link is incorrect. 

On page 51129, in footnote 223, we 

omitted a link after ‘‘. . . Bivalent 

Vaccine Boosters.’’. 

On page 51136, in the first partial 

paragraph of the third column, we 

incorrectly included the phrase ‘‘and 

patient.’’ 

On page 51136, in the first full 

paragraph of the third column, we 

incorrectly included the phrase ‘‘prior 


lotter on DSK11XQN23PROD with RULES1
68492 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

to during the patient’s discharge 

planning.’’ 

On page 51138, in the notes following 

Table 21, ‘‘IPFQR Program Measure Set 

for the FY 2025 Payment 

Determination’’, the ‘‘1’’ is missing from 

in front of the last sentence. 

On page 51141, the title of Table 24, 

‘‘IPFQR Program Measure Set for the FY 

2029 Payment Determination’’, is 

incorrect. 

On page 51142, in the second 

paragraph under section 1 (Procedural 

Requirements for the FY 2024 Payment 

Determination and Subsequent Years) of 

the first column, there is a grammatical 

error. 

On page 51143, in the fourth full 

paragraph of the third column, there is 

a missing apostrophe. 

On page 51149, in Table 27, ‘‘Updates 

to Burden Associated with Measure 

Removals’’, the total annual cost in the 

total row is incorrect. 

On page 51150, in Table 30, ‘‘Total 

CY 2024 Facility Information Collection 

Burden Changes’’, the table title should 

be bold font. In addition, the change in 

total responses associated with the 

updated case estimate, the total cost 

associated with removing two measures, 

total number of responses, and the total 

annual cost are incorrect. 

On page 51151, in the single partial 

paragraph in the third column, we 

incorrectly included ’’)’’. 

On page 51154, in Table 37, 

‘‘Incremental Changes in Facility 

Burden’’, the total number of responses 

is incorrect. 

On page 51154, in the paragraph 

between Table 37 and Table 38, 

‘‘Incremental Changes in Survey Burden 

for Patients’’, there is a typographical 

error in the description of Table 38. 

On page 51159, in the first full 

paragraph of the first column, there is 

an extra period. 

On page 51159, in the first full 

paragraph of the second column, there 

is a missing apostrophe. 

III. Waiver of Proposed Rulemaking 

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 document. 

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. 

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 of the FY 2024 IPF PPS final 

rule, as well as two tables on the Centers 

for Medicare and Medicaid Services 

(CMS) website, but does not make 

substantive changes to the policies or 

payment methodologies that were 

adopted in the final rule. As a result, 

this correcting document is intended to 

ensure that the information in the FY 

2024 IPF PPS final rule 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 IPFs to receive 

appropriate payments in a timely 

manner to ensure that the FY 2024 IPF 

PPS 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 FY 2024 IPF PPS final rule 

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. 

IV. Correction of Errors 

A. Correction of Errors in the Preamble 

In FR Doc. 2023–16083 of August 2, 

2023 (88 FR 51054), make the following 

corrections: 

1. On page 51115, first column, first 

partial paragraph, in line 1, add the 

following link after the phrase 

‘‘available at:’’: ‘‘https://

www.qualityreportingcenter.com/ 

globalassets/2023/04/iqr/sdoh-measure- 

-faqs_vfinal_04012023508.pdf’’. 

2. On page 51122: 

a. First column, first paragraph, in the 

last line, add the following link after the 

phrase ‘‘we refer readers to the 

description of the survey in the Journal 

of Patient Experience:’’: ‘‘https://

journals.sagepub.com/doi/full/10.1177/ 

23743735221105671’’. 

b. Second column, last paragraph, in 

item (4) on lines 21 and 22, replace the 

phrase ‘‘data regarding of mode of 

administration’’ with ‘‘data regarding 

mode of administration’’. 

3. On page 51129: 

a. In footnote 218, replace the link 

with ‘‘https://www.cdc.gov/mmwr/ 

volumes/70/wr/pdfs/mm7037e1-H.pdf’’. 

b. In footnote 219, replace the link 

with ‘‘https://www.cdc.gov/mmwr/ 

volumes/70/wr/pdfs/mm7037e1-H.pdf’’. 

c. In footnote 223 after ‘‘. . . Bivalent 

Vaccine Boosters.’’, add the following: 

‘‘Available at: https://www.fda.gov/ 

emergency-preparedness-and-response/ 

coronavirus-disease-2019-covid-19/ 

covid-19-bivalent-vaccines’’. 

4. On page 51136, third column: 

a. In the first partial paragraph, line 1, 

remove the phrase ‘‘and patient’’. 

b. In the first full paragraph, in lines 

12 and 13, remove the phrase ‘‘prior to 

during the patient’s discharge 

planning’’. 

5. On page 51138, in the notes 

following Table 21, add ‘‘1’’ prior to the 

last sentence, which reads ‘‘We are 

modifying the COVID–19 Vaccination 

Coverage Among Healthcare Personnel 

(HCP) measure in section VI.E of this 

final rule.’’ 

6. On Page 51141, replace the title of 

Table 24 ‘‘TABLE 24: IPFQR MEASURE 

SET FOR THE FY 2029 PAYMENT 

DETERMINATION’’ with ‘‘TABLE 24: 

IPFQR MEASURE SET FOR THE FY 

2028 PAYMENT DETERMINATION’’. 

7. On page 51142, first column, under 

the section titled, ‘‘1. Procedural 

Requirements for the FY 2024 Payment 

Determination and Subsequent Years’’, 

in the second paragraph, in lines 5 

through 8, replace the phrase 

‘‘procedural requirements for an IPF to 

register for, or withdraw from, 

participation in the IPFQR Program’’ 

with ‘‘procedural requirements for an 

IPF to register for, withdraw from, or 

participate in the IPFQR Program’’. 

8. On page 51143, third column, in 

the fourth full paragraph, in lines 1 and 

2, replace the phrase ‘‘We understand 

the commenters concern’’ with ‘‘We 

understand the commenter’s concern’’. 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68493 

9. On page 51149, in Table 27, the 

total annual cost in the total row, which 

currently reads ‘‘(20,339,673)’’ should 

read ‘‘(20,399,673)’’. 

10. On page 51150, in Table 30: 

a. Correct the table title to be bold 

font. 

b. Replace the change in total 

responses associated with updating the 

case estimate, which currently reads 

‘‘(277,280)’’ with ‘‘(277,780)’’, consistent 

with the discussion at the top of page 

51150 in which the number of cases for 

each of the two removed measures is 

138,890 (138,890 × 2 = 277,780). 

c. Replace the change in total annual 

cost associated with removing two 

measures, which currently reads 

‘‘(20,339,673)’’ with ‘‘(20,399,673)’’. 

d. Replace the total number of 

responses, which currently reads 

‘‘(2,502,332),’’ with ‘‘(2,502,832)’’. 

e. Replace the total annual cost, 

which currently reads ‘‘(16,071,360),’’ 

with ‘‘(16,131,359)’’. 

11. On page 51151, third column, in 

the single partial paragraph, in the 

second to last sentence, replace the 

phrase ‘‘for a medical records specialist) 

for the voluntary reporting period.’’ 

with ‘‘for a medical records specialist 

for the voluntary reporting period.’’ 

12. On page 51154: 

a. In Table 37, replace the total 

number of responses which currently 

reads ‘‘(2,018,244),’’ with ‘‘(2,019,244)’’. 

b. Third column, in the paragraph 

between Table 37 and Table 38 replace 

‘‘in CYs 2024 through CY 2026’’ with 

‘‘in CY 2024 through CY 2027’’. 

13. On page 51159: 

a. First column, first full paragraph, in 

lines 16 through 24, replace the phrase 

‘‘(including, but not limited to helping 

patients select facilities in which to 

receive care, providing patients an 

opportunity to be heard, and increasing 

alignment between general acute and 

acute psychiatric settings). We believe 

that our PIX survey measure will have 

positive effects on patients and their 

caregivers.’’ with ‘‘(including, but not 

limited to helping patients select 

facilities in which to receive care, 

providing patients an opportunity to be 

heard, and increasing alignment 

between general acute and acute 

psychiatric settings), we believe that our 

PIX survey measure will have positive 

effects on patients and their caregivers.’’ 

b. Second column, first full 

paragraph, in lines 8 and 9, replace the 

phrase ‘‘providers workflows or 

information systems’’ with ‘‘providers’ 

workflows or information systems.’’ 

B. Summary of Errors in and Corrections 

to the Tables Posted on the CMS 

Website for the IPF PPS Wage Index 

As discussed in the FY 2024 IPF PPS 

final rule (88 FR 51085), we used the 

concurrent pre-floor, pre-reclassified 

Inpatient Prospective Payment System 

(IPPS) hospital wage index as the basis 

for the IPF wage index. For FY 2024, 

concurrent pre-floor, pre-reclassified 

IPPS hospital wage data used under the 

IPF PPS are for cost reporting periods 

beginning on or after October 1, 2019, 

and before October 1, 2020 (FY 2020 

cost report data), as discussed in the 

final rule entitled ‘‘Medicare Program; 

Hospital Inpatient Prospective Payment 

Systems for Acute Care Hospitals and 

the Long-Term Care Hospital 

Prospective Payment System and Policy 

Changes and Fiscal Year 2024 Rates; 

Quality Programs and Medicare 

Promoting Interoperability Program 

Requirements for Eligible Hospitals and 

Critical Access Hospitals; Rural 

Emergency Hospital and PhysicianOwned Hospital Requirements; and 

Provider and Supplier Disclosure of 

Ownership; and Medicare 

Disproportionate Share Hospital (DSH) 

Payments: Counting Certain Days 

Associated with Section 1115 

Demonstrations in the Medicaid 

Fraction’’ (88 FR 58640) (hereinafter 

referred to as the FY 2024 IPPS final 

rule). In calculating the wage index 

under the FY 2024 IPPS final rule, we 

made an inadvertent error related to the 

calculation of the wage index. This error 

is identified, discussed and corrected in 

the document entitled ‘‘Medicare 

Program; Hospital Inpatient Prospective 

Payment Systems for Acute Care 

Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

and Policy Changes and Fiscal Year 

2024 Rates; Quality Programs and 

Medicare Promoting Interoperability 

Program Requirements for Eligible 

Hospitals and Critical Access Hospitals; 

Rural Emergency Hospital and 

Physician-Owned Hospital 

Requirements; and Provider and 

Supplier Disclosure of Ownership; and 

Medicare Disproportionate Share 

Hospital (DSH) Payments: Counting 

Certain Days Associated with Section 

1115 Demonstrations in the Medicaid 

Fraction; Correction,’’ published 

elsewhere in this issue of the Federal 

Register. The error that affects the 

unadjusted, pre-reclassified, pre-rural 

floor IPPS wage data and thereby affects 

the IPF PPS wage data was an error in 

the wage data collected from the 

Medicare cost reports of one hospital 

CMS Certification Number (CCN) 

340064—Core-Based Statistical Areas 

(CBSA) 34 rural North Carolina). 

The use of the corrected wage data for 

the one hospital in CBSA 34 required 

the recalculation of the final FY 2024 

IPF PPS wage indexes. Additionally, as 

discussed in the FY 2024 IPF PPS final 

rule (88 FR 51087), changes to the wage 

index are made in a budget-neutral 

manner so that updates do not increase 

expenditures. Due to the recalculation 

and subsequent revision of the final FY 

2024 IPF PPS wage indexes, it was 

necessary to recalculate the FY 2024 IPF 

PPS wage index budget neutrality factor. 

However, CMS has determined there are 

no changes needed to the published 

wage index budget neutrality factor 

since the difference between the 

previously published factor and the 

newly calculated factor is within the 

margin of error for rounding. 

Additionally, due to the recalculated 

wage indexes, we recalculated the 

impact analysis provided in Table 40 of 

the FY 2024 IPF PPS final rule (88 FR 

51157 through 51158). However, similar 

to the budget neutrality factor 

calculation, there are no changes needed 

to the published values in Table 40, 

since all changes were within the 

margin of error for rounding. 

As discussed above, there were no 

errors noted to the IPF PPS wage index 

budget neutrality factor or the facility 

impacts in Table 40. We are correcting 

the wage index in Table B setting forth 

the wage indexes for rural areas based 

on CBSA labor market areas Table B and 

Table C setting forth the wage indexes 

for urban and rural areas without 

counties (Table C), which are available 

exclusively on the CMS website at 

https://www.cms.gov/medicare/ 

medicare-fee-for-service-payment/ 

inpatientpsychfacilpps/wageindex. 

Dated: September 27, 2023. 

Wilma Robinson, 

Deputy Executive Secretary, Department of 

Health and Human Services. 

[FR Doc. 2023–22053 Filed 9–29–23; 4:15 pm] 

BILLING CODE 4120–01–P 


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