68482 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 411, 412, 419, 488, 489, 

and 495 

[CMS–1785–CN and CMS–1788–CN] 

RINs 0938–AV08 and 0938–AV17 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm 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 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the 

August 28, 2023 Federal Register titled 

‘‘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’’ (referred to hereafter as the 

‘‘FY 2024 IPPS/LTCH PPS final rule’’). 

DATES: This correcting document is 

effective October 1, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mady Hue, (410) 786–4510, and 

Andrea Hazeley, (410) 786–3543, MS– 

DRG Classifications. 

Donald Thompson and Michele 

Hudson, DAC@cms.hhs.gov, (410) 786– 

4487, Wage Index, Uncompensated Care 

Payments. 

Siddhartha Mazumdar, 

siddhartha.mazumdar@cms.hhs.gov, 

Rural Community Hospital 

Demonstration Program. 

Julia Venanzi, julia.venanzi@

cms.hhs.gov, Hospital Inpatient Quality 

Reporting Program and Hospital Value 

Based Purchasing Program— 

Administration Issues. Melissa Hager, 

melissa.hager@cms.hhs.gov and Ngozi 

Uzokwe, ngozi.uzokwe@cms.hhs.gov— 

Hospital Inpatient Quality Reporting 

Program and Hospital Value-Based 

Purchasing Program—Measures Issues 

Except Hospital Consumer Assessment 

of Healthcare Providers and Systems. 

Adina Hersko, NewTech@

cms.hhs.gov, New Technology Add-On 

Payments and New COVID–19 

Treatments Add-on Payments. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2023–16252 of August 28, 

2023 (88 FR 58640), there were a 

number of technical and typographical 

errors that are identified and corrected 

in this correcting document. The 

corrections in this correcting document 

are applicable to discharges occurring 

on or after October 1, 2023, as if they 

had been included in the document that 

appeared in the August 28, 2023 

Federal Register. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 58642, we are removing a 

duplicative bulleted paragraph and 

correcting an inadvertent typographical 

error in another paragraph. 

On page 58696, we are correcting 

inadvertent errors in procedure code 

combinations listed in the table titled 

‘‘ICD–10–PCS Code Pairs Added to 

Version 41 ICD–10 MS–DRGs 001 and 

002: New Short-Term External Heart 

Assist ICD–10–PCS Combinations.’’ 

On page 58844, we are correcting an 

inadvertent typographical error in the 

definition of the acronym ‘‘PFS’’ used in 

the discussion of the FY 2024 

application for new technology add-on 

payments for LunsumioTM. 

On page 58927, we are correcting 

inadvertent errors in the ICD–10–PCS 

procedure codes used to identify cases 

involving the use of the Canary Tibial 

Extension (CTE) with Canary Health 

Implanted Reporting Processor (CHIRP) 

System. 

On page 58948, we are correcting the 

ICD–10–CM codes used to identify cases 

involving the use of XACDURO® for 

hospital-acquired bacterial pneumonia 

(HABP) due to Acinetobacter baumannii 

and ventilator-associated bacterial 

pneumonia (VABP) due to 

Acinetobacter baumannii with the new 

ICD–10–CM codes effective for FY 2024 

that specifically describe Acinetobacter 

baumannii-related infections. 

On page 59051, with regard to our 

discussion of the calculation of prior 

year IME resident to bed ratio when 

there is a Medicare GME affiliation 

agreement, we are correcting a 

typographical error. 

On pages 59064, 59065, 59071, 59095, 

59139, 59174, and 59186, we are 

correcting technical and typographical 

errors in several hyperlinks. 

On pages 59090, 59113, 59142, 59149, 

59164, and 59171, we are correcting 

technical and typographical errors in 

several cross-references. 

On page 59107, in our discussion of 

the Hospital Value-Based Purchasing 

Program, we made and are correcting a 

typographical error. 

On pages 59114 and 59144, we are 

correcting typographical and technical 

errors in several section headings. 

On pages, 59152, 59154, 59163 and 

59279, we are correcting typographical 

and technical errors in several footnotes. 

On pages 59163 and 59199 in our 

discussion of the Hospital Impatient 

Quality Reporting Program, we are 

correcting several typographical and 

technical errors. 

On page 59326 in our discussion of 

the information collection requirements 

for the Medicare Promoting 

Interoperability Program, we are 

correcting typographical and technical 

errors. 

B. Summary of Errors in the Appendices 

On page 59412 in our discussion of 

effects of requirements under the 

Hospital Readmissions Reduction 

Program for FY 2024, we are correcting 

typographical error in a table reference. 

C. Summary of Errors and Correction to 

Tables Posted on the CMS Website 

Several tables for the FY 2024 IPPS/ 

LTCH PPS final rule contained 

inadvertent errors related to wage data 

collected from the Medicare cost reports 

of one hospital (CMS Certification 

Number (CCN) 340064). Specifically, 

some of the hours on worksheet S–3, 

Part II of the cost report were 

inadvertently double counted for CCN 

340064. The use of correct wage data for 

this hospital (by removing the hours 

that were double counted) necessitated 

recalculating the FY 2024 area average 

hourly wages unadjusted for 

occupational mix and adjusted for 

occupational mix for the areas impacted 

by use of correct wage data for this 

hospital. We note that this error did not 

impact the FY 2024 national average 

hourly wages unadjusted for 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68483 

occupational mix and adjusted for 

occupational mix, and thus did not 

necessitate corrections to those data 

points. In addition, because CCN 

340064 is geographically located in a 

rural area (Core-Based Statistical Area 

(CBSA) 34 North Carolina) and 

reclassifies to an urban area (CBSA 

16740 Charlotte-Concord-Gastonia, NC– 

SC), it was necessary to recalculate the 

wage index for CBSAs 34 and 16740. In 

addition, the wage data and/or wage 

indexes are used as inputs to determine 

the rural floor, imputed floor and outmigration adjustment, and therefore, we 

made conforming changes and 

recalculated the rural floor for North 

Carolina as well as some of the imputed 

floors and one county out-migration 

adjustment. We further note that the 

fixed-loss cost threshold was unchanged 

after including the correct wage data for 

this hospital in our calculations. While 

for certain prior years we have also 

recalculated the budget neutrality 

factors to reflect revisions to the 

calculation of area average hourly wages 

and/or wage indexes due to the change 

in the wage data, in combination with 

the correction of other errors, given the 

limited magnitude of the changes 

mentioned earlier, we did not 

recalculate any budget neutrality factors 

due to the changes to the wage data. We 

estimate that this change would have 

resulted in a reduction of the 

standardized amount of approximately 3 

cents. 

We are correcting the errors in the 

following IPPS tables that are listed on 

page 59381 of the FY 2024 IPPS/LTCH 

PPS final rule and available on the 

internet on the CMS website at https:// 

www.cms.gov/medicare/medicare-feefor-service-payment/acuteinpatientpps. 

The tables that are available on the 

internet have been updated to reflect the 

revisions discussed in this final rule 

correcting document. 

1. Table 2—Case Mix Index and Wage 

Index Table by CCN 

Because of the inadvertent use of 

erroneous wage data for one hospital 

(CCN 340064), we are correcting the 

values in the columns titled ‘‘Average 

Hourly Wage FY 2024’’ and ‘‘3-Year 

Average Hourly Wage (2022, 2023, 

2024)’’ for CCN 340064. As mentioned 

earlier, CCN 340064 is geographically 

located in a rural area (CBSA 34 North 

Carolina) and reclassifies to an urban 

area (CBSA 16740 Charlotte-ConcordGastonia, NC–SC). Therefore, we used 

the corrected data of CCN 340064 to 

recalculate the wage index for CBSA 34 

and 16740. As a result, we are correcting 

the values in the columns titled ‘‘FY 

2024 Wage Index Prior to Quartile and 

Cap’’, ‘‘FY 2024 Wage Index With 

Quartile’’, and ‘‘FY 2024 Wage Index 

With Quartile and Cap’’, for providers 

geographically located in, or reclassified 

into, CBSAs 34 or 16740. As mentioned 

earlier, the wage data and/or wage 

indexes are used as inputs to determine 

the rural floor, imputed floor and outmigration adjustment. Because the 

average hourly wage change for this 

single provider impacted the North 

Carolina rural floor, we are correcting 

the values in the columns titled ‘‘FY 

2024 Wage Index Prior to Quartile and 

Cap’’, ‘‘FY 2024 Wage Index with 

Quartile’’, and ‘‘FY 2024 Wage Index 

With Quartile and Cap’’, for North 

Carolina providers who receive the rural 

floor. Because the average hourly wage 

change for this single provider affects 

the area wage index, we are also making 

conforming changes to the other wage 

indexes that are consequently impacted, 

including the imputed floor and outmigration adjustment, and are therefore 

correcting the values in the columns 

titled ‘‘FY 2024 Wage Index Prior to 

Quartile and Cap’’, ‘‘FY 2024 Wage 

Index With Quartile’’, and ‘‘FY 2024 

Wage Index With Quartile and Cap’’, for 

providers who receive the imputed floor 

in Delaware, the District of Columbia, or 

Rhode Island as well as the values in the 

column titled ‘‘Out-Migration 

Adjustment’’ for providers in Catawba, 

NC (Federal Information Processing 

Standard (FIPS) county code 37035). 

2. Table 3—Wage Index Table by 

CBSA—FY 2024 

As mentioned earlier, CCN 340064 is 

geographically located in a rural area 

(CBSA 34 North Carolina) and 

reclassifies to an urban area (CBSA 

16740 Charlotte-Concord-Gastonia, NC– 

SC). Therefore, we used the corrected 

data of CCN 340064 to recalculate the 

wage index for CBSAs 34 and 16740. As 

mentioned earlier, the wage data and/or 

wage indexes are used as inputs to 

determine the rural floor, imputed floor 

and out-migration adjustment. Our use 

of correct wage data for the provider for 

which we inadvertently used incorrect 

wage data necessitates corrections to the 

values in the columns titled ‘‘FY 2024 

Average Hourly Wage’’, ‘‘3-Year Average 

Hourly Wage (2022, 2023, 2024)’’, 

‘‘Wage Index’’, ‘‘GAF’’, ‘‘Reclassified 

Wage Index’’, and ‘‘Reclassified GAF’’ 

for CBSA 34. The average hourly wage 

change for this single provider impacts 

the North Carolina rural floor, which 

necessitates corrections to the values in 

the columns titled ‘‘Wage Index’’ and 

‘‘GAF’’ for CBSAs that receive the North 

Carolina rural floor. Because the 

conforming changes to the wage index 

impact the calculation of the imputed 

floor, we are correcting the values in the 

columns titled ‘‘Wage Index’’, ‘‘GAF’’, 

and ‘‘State Imputed Floor’’ for CBSAs 

08, 09, and 41, as well as the values in 

the columns titled ‘‘Reclassified Wage 

Index’’ and ‘‘Reclassified GAF’’ for 

CBSAs that receive the Rhode Island 

imputed floor. 

3. Table 4A—List of Counties Eligible 

for the Out-Migration Adjustment Under 

Section 1886(D)(13) of the Act—FY 

2024 Final Rule 

As mentioned earlier, the wage data 

and/or wage indexes are used as inputs 

to determine the out-migration 

adjustment. Due to the corrections 

previously discussed in Table 2 and 3, 

we made conforming changes to the outmigration adjustment based on the 

corrected wage indexes. Because the 

conforming changes to the wage index 

impact the out-migration adjustment, 

we are correcting the value for the 

column titled ‘‘FY 2024 Out Migration 

Adjustment’’ for Catawba, NC (FIPS 

county code 37035). 

We are also correcting an error in the 

following LTCH PPS table that is listed 

on page 59381 of the FY 2024 IPPS/ 

LTCH PPS final rule and is available on 

the internet on the CMS website at 

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

medicare-fee-service-payment/ 

longtermcarehospitalpps/ltchppsregulations-and-notices/530633405/ 

cms-1785-f. The tables that are available 

on the internet have been updated to 

reflect the revisions discussed in this 

final rule correction. 

4. Table 12B—LTCH PPS Wage Index 

for Rural Areas for Discharges Occurring 

From October 1, 2023 Through 

September 30, 2024 

We are correcting the value for CBSA 

34 in the column titled ‘‘LTCH PPS 

Wage Index’’ to reflect the correction to 

the hospital wage data for CCN 340064 

discussed previously. The FY 2024 

LTCH PPS standard Federal payment 

rate area wage index values are 

calculated using the same data used to 

compute the FY 2024 acute care 

hospital inpatient wage index, without 

taking into account geographic 

reclassification under sections 

1886(d)(8) and 1886(d)(10) of the Social 

Security Act (the Act) (88 FR 59368). 

We note that the correction to the 

inpatient hospital wage data for CCN 

340064 necessitated a correction to the 

FY 2024 LTCH PPS standard Federal 

payment rate area wage index value for 

CBSA 34 (rural NC); however, there are 

currently no LTCHs located in CBSA 34. 


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68484 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

5. Table 18—FY 2024 Final Rule 

Medicare DSH Uncompensated Care 

Payment Factor 3 (Final Methodology) 

We further note that we also made 

updates to the calculation of Factor 3 of 

the uncompensated care payment 

methodology to reflect a hospital’s 

corrected Worksheet S–10 data that, due 

to a report upload error, was not 

included in the March 2023 Hospital 

Cost Report Information System (HCRIS) 

extract used to calculate Factor 3 for FY 

2024. We recalculated the total 

uncompensated care amount for all 

DSH-eligible hospitals to reflect this 

correction. In addition, because the 

Factor 3 calculated for each hospital 

reflects that hospital’s uncompensated 

care amount relative to the 

uncompensated care amount for all DSH 

hospitals, we also recalculated Factor 3 

for all DSH-eligible hospitals. The 

hospital-specific Factor 3 determines 

the total amount of the uncompensated 

care payment a hospital is eligible to 

receive for the fiscal year. This hospitalspecific payment amount is then used to 

calculate the amount of the interim 

uncompensated care payments a 

hospital receives per discharge. Given 

the very narrowly targeted update to the 

information used in the calculation of 

Factor 3, the change to the previously 

calculated Factor 3 is of limited 

magnitude for the majority of hospitals. 

We note that the fixed-loss cost 

threshold was unchanged after these 

Factor 3 recalculations. Similar to our 

discussion with regard to the wage data 

corrections, we note that while for 

certain prior years we recalculated the 

budget neutrality factors to reflect 

revisions to the calculation of Factor 3, 

in combination with the correction of 

other errors, we did not recalculate any 

budget neutrality factors due to the 

changes to Factor 3 for FY 2024 given 

the limited magnitude of the changes to 

uncompensated care payments. For 

example, we note that the correction to 

the previously described hospital’s 

Worksheet S–10 data resulted in an 

approximately $90 increase to that 

hospital’s interim uncompensated care 

payment per discharge amount. 

We are correcting the errors in the 

following IPPS table that is listed on 

page 59381 of the FY 2024 IPPS/LTCH 

PPS final rule and is available on the 

internet on the CMS website at https:// 

www.cms.gov/medicare/medicare-feefor-service-payment/acuteinpatientpps. 

The tables that are available on the 

internet have been updated to reflect the 

revisions discussed in this final rule 

correction. 

Table 18—FY 2024 Final Rule 

Medicare DSH Uncompensated Care 

Payment Factor 3 (Final Methodology). 

For the FY 2024 IPPS/LTCH PPS final 

rule, we published a list of hospitals 

that we identified to be subsection (d) 

hospitals and subsection (d) Puerto Rico 

hospitals projected to be eligible to 

receive interim uncompensated care 

payments for FY 2024. We are updating 

the calculations in this table to reflect 

corrected Worksheet S–10 data for one 

hospital that, due to a report upload 

error, was not included in the March 

2023 HCRIS extract used to calculate 

Factor 3 for the FY 2024 IPPS/LTCH 

PPS final rule. We are revising Factor 3 

for all hospitals to reflect this 

correction. We are also revising the 

amount of the total uncompensated care 

payment calculated for each DSHeligible hospital. The total 

uncompensated care payment that a 

hospital receives is used to calculate the 

amount of the interim uncompensated 

care payments the hospital receives per 

discharge. 

III. Waiver of Proposed Rulemaking 

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 the 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 for 

notice of the proposed rulemaking in 

the Federal Register and provide 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 

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 section 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 final rule 

correction does not constitute a rule that 

would be subject to the notice and 

comment or delayed effective date 

requirements. This document corrects 

technical and typographical errors in 

the preamble, tables, and appendices 

included or referenced in the FY 2024 

IPPS/LTCH PPS final rule, but does not 

make substantive changes to the policies 

or payment methodologies that were 

adopted in the final rule. As a result, 

this final rule correction is intended to 

ensure that the information in the FY 

2024 IPPS/LTCH 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 providers to receive 

appropriate payments in as timely a 

manner as possible, and to ensure that 

the FY 2024 IPPS/LTCH PPS final rule 

accurately reflects our policies. 

Furthermore, such procedures would be 

unnecessary, as we are not altering our 

payment methodologies or policies, but 

rather, we are simply implementing 

correctly the methodologies and policies 

that we previously proposed, requested 

comment on, and subsequently 

finalized. This final rule correction is 

intended solely to ensure that the FY 

2024 IPPS/LTCH PPS final rule 

accurately reflects these payment 

methodologies and policies. Therefore, 

we believe we have good cause to waive 

the notice and comment and effective 

date requirements. 

IV. Correction of Errors 

In FR Doc. 2023–16252 of August 28, 

2023 (88 FR 58640), we are making the 

following corrections: 

A. Corrections of Errors in the Preamble 

1. On page 58642, second column: 

a. Second bulleted paragraph, that 

begins with the phrase ‘‘Section 

1814(l)(4) of the Act’’ and ends with the 

phrase ‘‘a payment adjustment year.’’ is 

corrected by removing the paragraph. 

b. Third bulleted paragraph, line 9, 

the phrase ‘‘reporting payment for’’ is 

corrected to read ‘‘reporting period for’’. 


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2. On page 58696, top of the page, the 

table titled ‘‘ICD–10–PCS Code Pairs 

Added to Version 41 ICD–10 MS–DRGs 

001 and 002: New Short-Term External 

Heart Assist ICD–10–PCS 

Combinations’’ is corrected to read as 

follows: 

ICD–10–PCS CODE PAIRS ADDED TO VERSION 41 ICD–10 MS–DRGS 001 AND 002: NEW SHORT-TERM EXTERNAL

HEART ASSIST ICD–10–PCS COMBINATIONS

ICD–10–PCS 

code Description ICD–10–PCS code Description 

02HA0RZ .......... Insertion of short-term external heart 

assist system into heart, open approach.

and X2HX0F9 .......... Insertion of conduit to short-term external heart assist 

system into thoracic aorta, ascending, open approach, new technology group 9. 

02HA3RZ .......... Insertion of short-term external heart 

assist system into heart, 

percutaneous approach.

and X2HL0F9 .......... Insertion of conduit to short-term external heart assist 

system into right axillary artery, open approach, new 

technology group 9. 

02HA3RZ .......... Insertion of short-term external heart 

assist system into heart, 

percutaneous approach.

and X2HM0F9 ......... Insertion of conduit to short-term external heart assist 

system into left axillary artery, open approach, new 

technology group 9. 

3. On page 58844, second column, 

first full paragraph, line 11, the phrase 

‘‘median Physician Fee Schedule (PFS)’’ 

is corrected to read, ‘‘median 

progression-free survival (PFS)’’ 

4. On page 58927, third column, first 

partial paragraph: 

a. Line 11 the code, ‘‘XNHG0D9’’ is 

corrected to read ‘‘XNHG0F9’’. 

b. Line 15, the code, ‘‘XNHH0D9’’ is 

corrected to read ‘‘XNHH0F9’’. 

5. On page 58948, second column, last 

partial paragraph, line 15, the sentence 

‘‘Cases involving the use of XACDURO®

that are eligible for new technology addon payments will be identified by ICD– 

10–PCS procedure codes XW033K9 

(Introduction of sulbactam-durlobactam 

into peripheral vein, percutaneous 

approach, new technology group 9) or 

XW043K9 (Introduction of sulbactamdurlobactam into central vein, 

percutaneous approach, new technology 

group 9) in combination with one of the 

following ICD–10–CM codes: Y95 and 

J15.6 (describing HABP due to 

Acinetobacter baumannii); or J95.851 

and B96.89 (describing VABP due to 

Acinetobacter baumannii).’’ is corrected 

to read ‘‘We note that there are new 

ICD–10–CM codes effective for FY 2024 

to specifically describe Acinetobacter 

baumannii-related infections: J15.61 

(Pneumonia due to Acinetobacter 

baumannii) and B96.83 (Acinetobacter 

baumannii as the cause of diseases 

classified elsewhere). Therefore, cases 

involving the use of XACDURO® that 

are eligible for new technology add-on 

payments will be identified by ICD–10– 

PCS procedure codes XW033K9 

(Introduction of sulbactam-durlobactam 

into peripheral vein, percutaneous 

approach, new technology group 9) or 

XW043K9 (Introduction of sulbactamdurlobactam into central vein, 

percutaneous approach, new technology 

group 9) in combination with one of the 

following ICD–10–CM codes: Y95 and 

J15.61 (describing HABP due to 

Acinetobacter baumannii); or J95.851 

and B96.83 (describing VABP due to 

Acinetobacter baumannii).’’. 

6. On page 59051, third column, first 

partial paragraph: 

a. Line 24, the phrase ‘‘adjust the 

prior year numerator by +10’’ is 

corrected to read ‘‘adjust the prior year 

numerator’’. 

b. Line 28, the phrase ‘‘increased by 

10 relative to the prior year’’ is corrected 

to read ‘‘increased relative to the prior 

year’’. 

7. On page 59064, second column, 

first footnote paragraph (footnote 219), 

lines 2 through 4, the hyperlink, 

‘‘https://qualitynet.cms.gov/inpatient/ 

measures/mspb/methodology,’’ is 

corrected to read, ‘‘https://

qualitynet.cms.gov/inpatient/measures/ 

hvbp-mspb/methodology.’’ 

8. On page 59065, first column, first 

footnote paragraph (footnote 226), lines 

2 through 4, the hyperlink, ‘‘https://

qualitynet.cms.gov/inpatient/measures/

mspb/methodology,’’ is corrected to 

read, ‘‘https://qualitynet.cms.gov/ 

inpatient/measures/hvbp-mspb/

methodology.’’ 

9. On page 59071, second column, 

second footnote paragraph (footnote 

249), lines 3 through 6, the hyperlink, 

‘‘https://www.cms.gov/Medicare/ 

Quality-Initiatives-Patient-AssessmentInstruments/Value-Based-Programs/ 

CMS/Quality-Strategy,’’ is corrected to 

read, ‘‘https://www.cms.gov/Medicare/ 

Quality-Initiatives-Patient-AssessmentInstruments/Value-Based-Programs/

CMS-Quality-Strategy.’’ 

10. On page 59090, third column, first 

paragraph, the reference, ‘‘section XXX’’ 

is corrected to read, ‘‘V.K.2.c.(1).’’ 

11. On page 59095, first column, first 

footnote paragraph (footnote 292), lines 

5 through 8, the hyperlink, ‘‘https://

aspe.hhs.gov/sites/default/files/ 

migrated_legacy_files//195046/SocialRisk-in-Medicare%E2%80%99s-VBP/

2nd-Report-Executive-Summary.pdf,’’ is 

corrected to read, https://aspe.hhs.gov/ 

sites/default/files/migrated_legacy_files/ 

195046/Social-Risk-inMedicare%E2%80%99s-VBP-2ndReport-Executive-Summary.pdf. 

12. On page 59107, second column, 

first full paragraph, line 7, the phrase 

‘‘A few commenters made’’ is corrected 

to read, ‘‘A few commenters’’. 

13. On page 59113, first column, last 

paragraph, line 21, the reference 

‘‘section X.X.’’ is corrected to ‘‘section 

V.L.6.a.(2)’’. 

14. On page 59114, first column, first 

full paragraph, line 1, the section 

heading that begins ‘‘K. Rural’’ is 

corrected to read ‘‘M. Rural’’. 

15. On page 59139, third column, 

footnote paragraph (footnote 348), lines 

4 through 6, the hyperlink ‘‘https://

mmshub.cms.gov/sites/default/files/ 

2022-prliminary-analysis-pacltcworkgroup.pdf’’ is corrected to read 

‘‘https://mmshub.cms.gov/sites/default/

files/2022-preliminary-analysis-pacltcworkgroup.pdf’’. 

16. On page 59142, first column, first 

paragraph, line 20, the page reference 

‘‘(88 FR 38486)’’ is corrected to read 

‘‘(88 FR 36488)’’. 

17. On page 59144, third column, 

after the third full paragraph, line 1, the 

section heading that begins., ‘‘5. 

Proposed New Measures’’ is corrected to 

read ‘‘5. New Measures’’. 

18. On page 59149, third column, 

second full paragraph, line 4, the 

reference ‘‘section IX.H.10.a.2.’’ is 

corrected to read ‘‘section IX.F.’’. 

19. On page 59152, second column, 

footnote paragraph (footnote 433), line 2 

and (footnote 434) line 2, the reference 

‘‘(April 2022)’’ is corrected to read 

‘‘(June 2023)’’. 

20. On page 59154, first column, 

footnote paragraph (footnote 446), line 


lotter on DSK11XQN23PROD with RULES1
68486 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

3, the reference ‘‘(April 2022)’’ is 

corrected to read ‘‘(June 2023)’’. 

21. On page 59163: 

a. First column, last paragraph, lines 

3 through 4, the phrase ‘‘Hybrid 

Hospital-Wide Mortality (Hybrid HWM) 

measure’’ is corrected to read ‘‘Hybrid 

Hospital-Wide All-Cause Risk 

Standardized Mortality (HWM) 

measure’’. 

b. Second column, second footnote 

paragraph (footnote 525), line 3, the 

footnote is corrected by adding the 

following sentence ‘‘Available at: 

https://pubmed.ncbi.nlm.nih.gov/ 

25068076/.’’. 

22. On page 59164, second column, 

second full paragraph, line 18, the 

reference ‘‘section B.6.d’’ is corrected to 

read ‘‘section XII.B.7.d.’’. 

23. On page 59167, third column, 

third paragraph, lines 3 through 4, the 

phrase ‘‘Hybrid Hospital-Wide 

Readmission (Hybrid HWR) measure’’ is 

corrected to read ‘‘Hybrid HospitalWide All-Cause Readmission (HWR) 

measure’’. 

24. On page 59171, second column, 

second full paragraph, line 13, the 

reference ‘‘section X.k’’ is corrected to 

read ‘‘section V.K.’’. 

25. On page 59174, second column, 

second footnote paragraph (footnote 

565), lines 3 through 4, the hyperlink, 

‘‘https://manual.jointcommissionorg/

releases/TJC2023B/MIF0166.html’’ is 

corrected to read ‘‘https://manual.joint

commission.org/releases/TJC2023B/

MIF0166.html’’. 

26. On page 59180, first column, first 

paragraph, lines 1 through 4, the section 

heading, ‘‘c. Summary of Previously 

Finalized and Proposed Hospital IQR 

Program Measures’’ is corrected to read 

‘‘c. Summary of Previously Finalized 

and Newly Adopted Hospital IQR 

Program Measures’’. 

27. On page 59186, third column, 

sixth full footnote paragraph (footnote 

583), lines 4 through 6, the website 

‘‘https://forms.ihi.org/hubfs/ 

Guide%20To

%20Recognition%20for%20GSV%20

Siteslowbar;FINAL.pdf’’ is corrected to 

read ‘‘https://forms.ihi.org/hubfs/

Guide%20To%20Recognition%20for

%20GSV%20Sites_FINAL.pdf’’. 

28. On page 59199, third column, 

fourth full paragraph, lines 3 through 4, 

the phrase ‘‘On commenter’’ is corrected 

to read ‘‘One commenter’’. 

29. On page 59279, second paragraph 

(table key for Table IX.F.-04.), the word 

‘‘pubslihing’’ is corrected to read 

‘‘appearing’’. 

30. On page 59326, second column, 

first paragraph, line 7, the phrase ‘‘per 

eligible.’’ is corrected to read ‘‘per 

eligible hospital and CAH as well as an 

additional 4 hours annually for CAHs to 

report eCQMs.’’. 

B. Correction of Errors in the 

Appendices 

1. On page 59412, second column, 

first full paragraph, line 8, the table 

reference ‘‘Table I.G.-01’’ is corrected to 

read ‘‘Table I.G.-03’’. 

Wilma Robinson, 

Deputy Executive Secretary, Department of 

Health and Human Services. 

[FR Doc. 2023–22060 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 Parts 411, 413, 488, and 489 

[CMS–1779–CN] 

RIN 0938–AV02 

Medicare Program; Prospective 

Payment System and Consolidated 

Billing for Skilled Nursing Facilities; 

Updates to the Quality Reporting 

Program and Value-Based Purchasing 

Program for Federal Fiscal Year 2024; 

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 in the final rule that 

appeared in the August 7, 2023 Federal 

Register, entitled ‘‘Medicare Program; 

Prospective Payment System and 

Consolidated Billing for Skilled Nursing 

Facilities; Updates to the Quality 

Reporting Program and Value-Based 

Purchasing Program for Federal Fiscal 

Year 2024’’ (referred to hereafter as the 

‘‘FY 2024 SNF final rule’’). The effective 

date of the FY 2024 SNF final rule is 

October 1, 2023. 

DATES: This document is effective 

October 1, 2023. 

FOR FURTHER INFORMATION CONTACT: 

John Kane, (410) 786–0557, for 

information related to the SNF PPS. 

Kia Burwell, (410) 786–7816, for 

information related to the SNF wage 

index. 

Tammy Luo, (410) 786–4325, for 

information related to the PDPM ICD–10 

mappings. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2023–16249 of August 7, 

2023 (88 FR 53200), 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 SNF 

final rule. Accordingly, the corrections 

are effective October 1, 2023. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

A technical error in the calculation of 

the final FY 2024 SNF PPS wage 

indexes required us to recalculate the 

wage index budget neutrality factor; the 

unadjusted SNF PPS Federal per diem 

rates provided on page 53209 in Tables 

3 and 4; the case-mix adjusted SNF PPS 

rates provided on pages 53210 through 

53211 in Tables 5 and 6; figures on 

pages 53214, 53215; Tables 8 and 9 on 

page 53215; Table 10 on pages 53215 

through 53216; a figure on page 53333; 

and the impact analysis provided on 

pages 53333 through 53334 in Table 30. 

Further discussions of these errors are 

found in section IV. of this document. 

On page 53333, we made a 

typographical error in a percent 

increase. 

B. Summary of Errors and Corrections 

Posted on the CMS Website 

1. SNF Wage Index 

As discussed in the FY 2024 SNF PPS 

final rule (88 FR 53211 through 53214), 

in developing the wage index to be 

applied to SNFs under the SNF PPS, we 

use the updated, pre-reclassified, prerural floor hospital inpatient PPS (IPPS) 

wage data, exclusive of the occupational 

mix adjustment. For FY 2024, the 

updated, unadjusted, pre-reclassified, 

pre-rural floor IPPS wage data used 

under the SNF 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 

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’’ (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 


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