Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18909 

petitions to the Director to review an 

action of the Office’s Madrid Processing 

Unit, when filed by mail, must be 

addressed to: Madrid Processing Unit, 

600 Dulany Street, MDE–7B87, 

Alexandria, VA 22314–5793. 

(1) * * * 

(2) Responses to notices of irregularity 

under § 7.14, requests to note 

replacement under § 7.28, and requests 

for transformation under § 7.31, when 

filed by mail, will be accorded the date 

of receipt in the Office. 

(c) Hand-Delivered Correspondence. 

International applications under § 7.11, 

subsequent designations under § 7.21, 

responses to notices of irregularity 

under § 7.14, requests to record changes 

in the International Register under 

§ 7.23 and § 7.24, requests to note 

replacement under § 7.28, requests for 

transformation under § 7.31, and 

petitions to the Director to review an 

action of the Office’s Madrid Processing 

Unit, may be delivered by hand during 

the hours the Office is open to receive 

correspondence. Madrid-related handdelivered correspondence must be 

delivered to the Trademark Assistance 

Center, James Madison Building—East 

Wing, Concourse Level, 600 Dulany 

Street, Alexandria, VA 22314, Attention: 

MPU. 

* * * * * 

Dated: April 9, 2007. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E7–7116 Filed 4–13–07; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 410, 411, 414, 415, 

and 424 

[CMS–1321–F2] 

RIN 0938–AN84 

Medicare Program; Revisions to 

Payment Policies, Five-Year Review of 

Work Relative Value Units, and 

Changes to the Practice Expense 

Methodology Under the Physician Fee 

Schedule, and Other Changes to 

Payment Under Part B; Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correcting amendment. 

SUMMARY: This correcting amendment 

corrects several technical and 

typographical errors in the final rule 

with comment period that appeared in 

the December 1, 2006 Federal Register 

(71 FR 69624). The final rule with 

comment period addressed Medicare 

Part B payment policy, including the 

physician fee schedule (PFS) that is 

applicable for calendar year (CY) 2007; 

payment for covered outpatient drugs 

and biologicals; payment for renal 

dialysis services; and policies related to 

independent diagnostic testing facilities 

(IDTFs). The final rule with comment 

period also updated the list of certain 

services subject to the physician selfreferral prohibitions. 

DATES: Effective Date: Pursuant to 

section 1871(e) of the Act, except for the 

corrections to § 410.33, this correcting 

amendment is effective January 1, 2007. 

The corrections to § 410.33 are effective 

April 16, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Diane Milstead, (410) 786–3355. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FR Doc. 06–9086 (71 FR 69624), the 

final rule with comment period entitled 

‘‘Medicare Program; Revisions to 

Payment Policies, Five-Year Review of 

Work Relative Value Units, and Changes 

to the Practice Expense Methodology 

Under the Physician Fee Schedule, and 

Other Changes to Payment Under Part B; 

Revisions to the Payment Policies of 

Ambulance Services Under the Fee 

Schedule for Ambulance Services; 

Ambulance Inflation Factor Update for 

CY 2007’’ (hereinafter referred to as the 

CY 2007 PFS final rule with comment 

period), contained technical and 

typographical errors. Some of these 

technical and typographical errors were 

addressed in the correction notice that 

appeared in the December 8, 2006 

Federal Register (71 FR 58415). 

Additional errors have been identified 

in the CY 2007 PFS final rule with 

comment period and are addressed in 

this correcting amendment. 

II. Errors in the Preamble 

A. Summary of Errors in the Preamble 

In the preamble of the CY 2007 PFS 

final rule with comment period, there 

were a number of technical errors and 

omissions. 

On page 69635, following the section 

heading titled, ‘‘(vi) Equipment Cost Per 

Minute,’’ there was an error in the 

formula for calculating the equipment 

cost per minute. 

On page 69647, language was 

inadvertently omitted from the response 

concerning cardiac monitoring services. 

On page 69654, in Table 5, ‘‘Practice 

Expense Supply Item Additions for CY 

2007’’, we incorrectly included a supply 

item and failed to include the unit price 

of another item. 

On page 69663, the word ‘‘an’’ was 

incorrectly typed to read ‘‘as’’ in two 

places. 

On page 69671, the word ‘‘not’’ was 

incorrectly included in a sentence. 

On page 69677, the word ‘‘of’’ was 

missing from a sentence. 

On page 69688, under the section 

heading titled, ‘‘d. ‘‘ESRD Wage Index 

Tables,’’ the references to addenda were 

incorrect. 

On page 69696, the word ‘‘supplier’’

was misspelled. 

On page 69699 in the narrative 

concerning revisions to the performance 

standards for IDTFs, we inadvertently 

omitted language specifying that 

paragraphs (g) and (h) are not applicable 

to those services included in 

§ 410.33(a)(2). We also inadvertently 

included language requiring IDTFs to 

list serial numbers and that was not our 

intention. 

On pages 69744, the narrative 

concerning Table 17 contained several 

errors. 

On pages 69746, certain CPT codes 

were incorrectly included in Table 17. 

On page 69747, we incorrectly 

included a discussion about gold 

markers for CPT code 55876. 

On page 69748, the word ‘‘radiology’’

was incorrectly stated as ‘‘radiation.’’

On page 69749, the word ‘‘of’’ should 

be removed from the phrase ‘‘radiology 

of and certain other imaging services.’’

On pages 69749 and 69750, in Table 

18, under the subheading, ‘‘Radiology 

and certain other imaging services,’’ we 

made errors in the descriptors for CPT 

codes 0174T and 0175T and HCPCS 

codes A9567, A9568, Q9952, and 

Q9953. 

On page 69750, in Table 19, we 

omitted CPT codes 78350 and G0243. 

On page 69760, language was omitted 

from the formula. 

On pages 69769 and 69770, in Table 

36, ‘‘Impact of Final Rule with 

Comment Period and Estimated 

Physician Update on 2007 Payment for 

Selected Procedures’’, we identified 

errors in the new payment amounts for 

the following CPT and HCPCS codes: 

27130, 27244, 27447, 33533, 35301, 

43239, 77056, 77056–26, 77057, 77057–

26, 92980, 93000, 93015 and G0317. 

Corrections to these errors are 

reflected in section II.B. of this 

correcting amendment. 

B. Correction of Errors in the Preamble 

1. On page 69635, in the 3rd column, 

under the discussion titled, ‘‘(vi) 


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18910 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

Equipment Cost Per Minute,’’ the 

calculation for the equipment cost per 

minute contained an error. The formula 

is corrected to read as follows: 

‘‘The equipment cost per minute is 

calculated as: (1/(minutes per year * 

usage)) * price * ((interest rate/(1-(1/ 

((1+interest rate)∧life of equipment)))) + 

maintenance).’’

2. On page 69647, in the 3rd column, 

in the 1st full paragraph, after the 3rd 

sentence, insert the following language: 

‘‘We also added the holter monitor to 

CPT codes 93226 and 93232 and 

assigned the equipment a time of 1440 

minutes for these codes and reduced the 

holter monitor equipment time for CPT 

codes 93225 and 93231 to 42 minutes to 

correspond with the clinical staff 

associated with these services.’’

3. On page 69654, in Table 5, the 

supply item, ‘‘Kit, gold markers, 

fiducial, 3 per kit’’ is deleted from the 

table. In addition, the unit price 

‘‘$1290’’ for ‘‘Agent, embolic’’ is added 

to the table. 

4. On page 69663, in the 2nd column, 

lines 5 through 12 of the third full 

paragraph, the language in the 

discussion with respect to items ‘‘(1) 

and (2)’’ is corrected to read as follows: 

‘‘(1) who receives a referral for such an 

ultrasound screening as a result of an 

initial preventive physical examination 

(IPPE) (as defined in section 

1861(ww)(1) of the Act); (2) who has not 

been previously furnished such an 

ultrasound screening under this title; 

and’’. 

5. On page 69671, in the 2nd column, 

line 24, delete the second occurrence of 

the word ‘‘not’’. This sentence is revised 

to read as follows: ‘‘Given the range of 

comments, we do not believe it is 

advisable to mandate the use of the 

methodology, which we proposed at 

§ 414.804(a)(4)(iii), for excluding lagged 

exempt sales.’’

6. On page 69677, the 3rd column, 

line 2, insert the word ‘‘of’’ between 

‘‘number’’ and ‘‘units.’’ The sentence is 

revised to read as follows: ‘‘One 

commenter asked that we clarify the 

number of units to be reported are the 

number of units sold excluding 

exempted sales.’’

7. On page 69688, in the 1st column, 

under the section heading titled, ‘‘d. 

ESRD wage Index Tables,’’ the 

paragraph is revised to read as follows: 

‘‘Addenda G and H show the CY 2007 

ESRD wage index, including the BNF 

adjustment, for urban areas (Addendum 

G) and rural areas (Addendum H).’’

8. On page 69696, in the 1st column, 

2nd paragraph, line 4, the spelling of the 

word ‘‘supplier’’ is corrected. 

9. On page 69699—

a. In the 1st column, the 5th full 

paragraph, the following sentence is 

added to the end of the paragraph: 

‘‘Additionally, we do not intend to 

require IDTFs to list the serial numbers 

of all diagnostic equipment used by 

IDTFs in their comprehensive liability 

insurance. We recognize that it is 

infeasible for IDTFs to comply with this 

requirement and that such a 

requirement would inadvertently 

change the comprehensive liability 

insurance policy into a different type of 

insurance policy. Therefore, we are 

revising the language in § 410.33(g)(6) of 

our regulations to remove the serial 

number requirement.’’

b. In the 3rd column, the 2nd full 

paragraph, the following language is 

added at the end of the paragraph: ‘‘In 

addition, we are clarifying that these 

performance standards are not 

applicable to the diagnostic tests listed 

under the exceptions in § 410.33(a)(2).’’

10. On page 69744, in the 3rd column, 

in the paragraph following the section 

heading, ‘‘F. Additional Pricing Issue,’’

the narrative concerning the table is 

corrected to read as follows: 

‘‘We are carrier-pricing the global and 

TC for the codes listed in Table 17. The 

TC is not paid in the facility setting 

under the PFS and for the majority of 

these services the RUC recommended 

that these be designated as NA in the 

non-facility setting. Work RVUs will 

continue to be used to establish 

payment for the PC.’’

11. On page 69746, the following CPT 

codes are deleted from Table 17: 93503, 

93539, 93540, 93541, 93542, 93543, 

93544 and 93545. 

12. On page 69747, the 1st column, 

the final paragraph that continues into 

the 2nd column is removed in its 

entirety. 

13. On page 69748, in the 1st column, 

the 3rd paragraph, line 4, the word, 

‘‘radiation’’ is corrected to read as, 

‘‘radiology.’’

14. On page 69749, in the 1st column, 

the 1st full paragraph, line 4, in the 

phrase, ‘‘radiology of and certain other 

imaging services,’’ delete the word, 

‘‘of.’’ The phrase is corrected to read 

‘‘radiology and certain other imaging 

services.’’

15. On pages 69749 and 69750, in 

Table 18, the following descriptors are 

corrected as follows: 

TABLE 18.—ADDITIONS TO THE PHYSICIAN SELF-REFERRAL LIST OF

CPT 1/HCPCS CODES

Radiology and Certain Other Imaging Services 

0174T ............... Cad cxr with interp. 

0175T ............... Cad cxr remote. 

A9567 ............... Technetium TC–99m aerosol. 

A9568 ............... Technetium tc99m 

arcitumomab. 

Q9952 ............... Inj Gad-base MR contrast, 

1ml. 

Q9953 ............... Inj Fe-base MR contrast, 

1ml. 

1 CPT codes and descriptions only are copyright 2006 American Medical Association. All 

rights are reserved and applicable FARS/ 

DFARS clauses apply. 

16. On page 69750, in Table 19, the 

following CPT and HCPCS codes and 

their descriptors are added: 

TABLE 19.—DELETIONS TO THE PHYSICIAN SELF-REFERRAL LIST OF CPT1/ 

HCPCS CODES

Radiation and Certain Other Imaging Services 

78350 ............... Bone mineral, single photon. 

Radiation Therapy Services and Supplies 

G0243 ............... Multisour photon stero 

treat. 

1 CPT codes and descriptions only are copyright 2006 AMA. All rights are reserved and 

applicable FARS/DFARS clauses apply. 

17. On page 69760, the payment 

formula at the top of the 3rd column is 

corrected to read as follows: 

‘‘[((Work RVU × BN adjustor (0.8994)) 

(round product to two decimal places) 

× Work GPCI) + (PE RVU × PE GPCI) + 

(MP RVU × MP GPCI)] × CF.’’

18. On pages 69769 through 69770 in 

Table 36, the following corrections are 

made: 


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TABLE 36.—IMPACT OF FINAL RULE WITH COMMENT PERIOD AND ESTIMATED PHYSICIAN UPDATE ON 2007 PAYMENT FOR

SELECTED PROCEDURES

CPT/HCPCS MOD Description 

FACILITY NON-FACILITY 

OLD NEW Percent 

change OLD NEW Percent change 

27130 .......... .......... Total hip arthroplasty ............... $1,399.55 $1,292.21 ¥8% $1,399.55 na na 

27244 .......... .......... Treat thigh fracture ................... $1,137.68 $1,045.36 ¥8% $1,137.68 na na 

27447 .......... .......... Total knee arthroplasty ............ $1,511.35 $1,391.17 ¥8% $1,511.35 na na 

33533 .......... .......... CABG, arterial, single .............. $1,933.53 $1,812.55 ¥6% $1,933.53 na na 

35301 .......... .......... Rechanneling of artery ............. $1,128.97 $1,018.01 ¥10% $1,128.97 na na 

43239 .......... .......... Upper GI endoscopy, biopsy ... $162.20 $147.18 ¥9% $334.26 $309.11 ¥8% 

77056 .......... .......... Mammogram, both breasts ...... $97.40 na na $97.40 $92.48 ¥5% 

77056 .......... 26 Mammogram, both breasts ...... $45.10 $39.22 ¥13% $45.10 $39.22 ¥13% 

77057 .......... .......... Mammogram, screening .......... $85.65 na na $85.65 $77.73 ¥9% 

77057 .......... 26 Mammogram, screening .......... $36.38 $31.67 ¥13% $36.38 $31.67 ¥13% 

92980 .......... .......... Inser intracoronary stent .......... $830.71 $756.04 ¥9% $830.71 na na 

93000 .......... .......... Electrocardiogram, complete ... $26.91 na na $26.91 $23.39 ¥13% 

93015 .......... .......... Cardiovascular stress test ........ $108.01 na na $108.01 $99.32 ¥8% 

G0008 .......... .......... Admin influenza virus vac ........ na na na $18.57 $18.35 ¥1% 

G0317 .......... .......... ESRD related svs 4+mo 

20+yrs.

$308.11 $268.11 ¥13% $308.11 $268.11 ¥13% 

III. Errors in the Regulation Text 

A. Summary of Errors in the Regulation 

Text 

On page 69784, in § 410.33, we 

erroneously omitted a cross-reference in 

(a)(2) to include paragraphs (g) and (h). 

In addition, in § 410.33(g), Application 

certification standards, an editing error 

resulted in language being included on 

page 69785 in § 410.33(g)(6) that 

required IDTFs to list the serial numbers 

of all their diagnostic equipment in their 

comprehensive liability insurance 

policy. 

On page 69785, § 411.15(o) contained 

erroneous revisions. Due to an editing 

error, changes to § 411.15(o) were 

improperly included in the August 22, 

2006 proposed rule (71 FR 49081). 

There was no explanation given for 

these changes in the preamble, no 

public comments were received on the 

proposed changes, and the changes to 

the regulation text were inadvertently 

included in the final rule without any 

explanation. The erroneous language 

suggests that Medicare may pay for a 

category A device in certain clinical 

trials. Currently, however, the statute 

does not authorize payment for the costs 

of the category A device, but only for 

‘‘routine costs of care’’ (section 1862(m) 

of the Act; § 405.207(b)(2)). Thus, we are 

correcting this final rule by restoring the 

language in § 411.15(o) to the language 

from the 2006 version of the CFR. 

On pages 69787 and 69788, language 

was incorrectly included concerning 

non-lagged price concessions in the 

example. 

B. Correction of Errors in the Regulation 

Text 

The correction of errors for the 

regulation text appear after section V. of 

this correcting amendment. 

IV. Errors in the Addenda 

A. Summary of Errors in the Addenda 

The following errors in Addenda B, G 

and J are revised under this correcting 

amendment. These addenda will not 

appear in the Code of Federal 

Regulations. 

In Addendum B, pages 69796 through 

70011, we are making the following 

corrections: 

(1) Incorrect RVUs were listed for the 

following CPT codes: 36478, 37210, 

44180, 44186, 77056, 77056–TC, 77422, 

77423, 78351, 93225, 93226, 93231, 

93232, 95991, 98960, 98961, 98962, 

G9041, G9042, G9043 and G9044. 

(2) Incorrect status indicators and 

RVUs were listed for CPT codes 93503, 

93539, 93540, 93541, 93542, 93543, 

93544 and 93545. 

In Addendum G, pages 70022 through 

70043, we are making the following 

corrections: 

(1) The title of the Addendum was 

missing a word. 

(2) On page 70037, the wage index 

value for CBSA code ‘‘39820, Redding 

CA’’ was incorrect. 

In Addendum J, pages 70248 through 

70251, we note the following errors: 

(1) On page 70247, CPT codes 78267 

and 78268 are not in numerical order. 

(2) On page 70248, in the 2nd column, 

we made typographical errors in the 

code descriptors for CPT codes 0174T 

and 0175T. 

(3) On page 70250, in the 1st column, 

we incorrectly listed CPT code 78350. 

That code (single-photon 

absorptiometry) is non-covered 

beginning in 2007 under the policy 

changes discussed on page 69691 of the 

CY 2007 PFS final rule with comment 

period. 

(4) On page 70250, in the 3rd column, 

we made typographical errors in the 

descriptors for HCPCS codes A9567, 

A9568, Q9952, and Q9953. 

(5) On page 70251, in the 2nd column, 

we did not include the correct 

descriptor for HCPCS code G0173. Also, 

in that column, we incorrectly included 

HCPCS G0243, which was terminated 

effective December 31, 2006. 

(6) On page 70251, in the second 

footnote at the bottom of the page, we 

gave an incorrect Web site address. 

These corrections are reflected in 

section IV.B. of this correcting 

amendment. 

B. Correction of Errors in Addenda 

1. On pages 69796 through 70011, in 

Addendum B: Relative Value Units 

(RVUs) and Related Information the 

following entries are corrected to read as 

follows: 


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18912 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

ADDENDUM B.

—

RELATIVE

VALUE

UNITS (RVU

S) AND

RELATED INFORMATION

—

CORRECTIONS

CPT 1/ 

HCPCS2 Mod Status Description 

Physician 

Work 

RVUs 3

Fully Implemented 

Non-Facility PE 

RVUs 

Year 2007 

Transitional NonFacility PE 

RVUs 

Fully Implemented 

Facility PE 

RVUs 

Year 2007 

Transitional Facility PE 

RVUs 

Mal-Practice RVUs 

Fully Implemented 

Non-Facility Total 

Year 2007 

Transitional NonFacility 

Total 

Fully Implemented 

Facility 

Total 

Year 2007 

Transitional Facility Total Global 

36478 .. ......... A Endovenous laser, 1st 

vein.

6.72 26.53 41.71 2.03 2.41 0.37 33.62 48.80 9.12 9.50 000 

37210 .. ......... A Embolization uterine fibroid. 10.60 79.88 79.88 3.13 3.13 0.60 91.08 91.08 14.33 14.33 000 44180 .. ......... A Lap, enterolysis .............. 15.19 NA NA 5.65 6.09 1.86 NA NA 22.70 23.14 090 44186 .. ......... A Lap, jejunostomy ............ 10.30 NA NA 4.43 4.70 1.27 NA NA 16.00 16.27 090 77056 .. ......... A Mammogram, both 

breasts.

0.87 1.96 1.68 NA NA 0.11 2.94 2.66 NA NA XXX 

77056 .. TC ... A Mammogram, both 

breasts.

0.00 1.72 1.41 NA NA 0.07 1.79 1.48 NA NA XXX 

77422 .. ......... A Neutron beam tx, simple 0.00 5.31 2.61 NA NA 0.13 5.44 2.74 NA NA XXX 77423 .. ......... A Neutron beam tx, complex. 0.00 7.51 3.57 NA NA 0.13 7.64 3.70 NA NA XXX 78351 .. ......... N Bone mineral, dual photon. 0.30 0.47 1.41 0.07 0.11 0.01 0.78 1.72 0.38 0.42 XXX 93225 .. ......... A ECG monitor/record, 24 

hrs.

0.00 0.85 1.14 NA NA 0.08 0.93 1.22 NA NA XXX 

93226 .. ......... A ECG monitor/report, 24 

hrs.

0.00 1.18 1.93 NA NA 0.14 1.32 2.07 NA NA XXX 

93231 .. ......... A Ecg monitor/record, 24 

hrs.

0.00 0.71 1.32 NA NA 0.11 0.82 1.43 NA NA XXX 

93232 .. ......... A ECG monitor/report, 24 

hrs.

0.00 1.34 1.97 NA NA 0.13 1.47 2.10 NA NA XXX 

93503 .. ......... A Insert/place heart catheter. 2.91 NA NA 0.47 0.63 0.20 NA NA 3.58 3.74 000 93539 .. ......... A Injection, cardiac cath .... 0.40 NA NA 0.22 0.18 0.01 NA NA 0.63 0.59 000 93540 .. ......... A Injection, cardiac cath .... 0.43 NA NA 0.24 0.19 0.01 NA NA 0.68 0.63 000 93541 .. ......... A Injection for lung 

angiogram.

0.29 NA NA 0.15 0.12 0.01 NA NA 0.45 0.42 000 

93542 .. ......... A Injection for heart x-rays 0.29 NA NA 0.15 0.12 0.01 NA NA 0.45 0.42 000 93543 .. ......... A Injection for heart x-rays 0.29 NA NA 0.16 0.12 0.01 NA NA 0.46 0.42 000 93544 .. ......... A Injection for aortography 0.25 NA NA 0.13 0.11 0.01 NA NA 0.39 0.37 000 93545 .. ......... A Inject for coronary x-rays 0.40 NA NA 0.22 0.18 0.01 NA NA 0.63 0.59 000 95991 .. ......... A Spin/brain pump refill & 

main.

0.77 1.63 1.53 0.18 0.17 0.06 2.46 2.36 1.01 1.00 XXX 

98960 .. ......... B Self-mgmt educ & train, 

1 pt.

0.00+ 0.57 0.57 NA NA 0.01 0.58 0.58 NA NA XXX 

98961 .. ......... B Self-mgmt educ/train, 2–

4 pt.

0.00+ 0.27 0.27 NA NA 0.01 0.28 0.28 NA NA XXX 

98962 .. ......... B Self-mgmt educ/train, 5–

8 pt.

0.00+ 0.20 0.20 NA NA 0.01 0.21 0.21 NA NA XXX 

G9041 ......... A Low vision rehab 

occupationa.

0.44 0.29 0.29 0.29 0.29 0.01 0.74 0.74 0.74 0.74 XXX 

G9042 ......... A Low vision rehab orient/ 

mobi.

0.10 0.29 0.29 0.29 0.29 0.01 0.40 0.40 0.40 0.40 XXX 

G9043 ......... A Low vision lowvision 

therapi.

0.10 0.29 0.29 0.29 0.29 0.01 0.40 0.40 0.40 0.40 XXX 

G9044 ......... A Low vision rehabilate 

teache.

0.10 0.23 0.23 0.23 0.23 0.01 0.40 0.40 0.40 0.40 XXX 

1 CPT codes and descriptions only are copyright 2006 American Medical Association. All Rights Reserved. Applicable FARS/DFARS apply. 3 + Indicates RVUs are not used for Medicare payment. 


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2. On pages 70022 through 70043, the 

title of Addendum G is corrected to read 

as follows: ‘‘CY 2007 ESRD WAGE 

INDEX FOR URBAN AREAS BASED ON 

CBSA LABOR MARKET AREAS.’’

3. On page 70037, the wage index 

value for CBSA code 39820, Redding CA 

is corrected to read ‘‘1.3895’’. 

4. In Addendum J: 

a. On page 70247, in the 3rd column, 

the entries for CPT codes 78267 and 

78268 and their respective descriptors 

are corrected by placing them in 

numerical order. 

b. On page 70248, in the 2nd column, 

the descriptors for CPT codes 0174T and 

0175T are corrected by revising ‘‘crx’’ to 

read ‘‘cxr’’. 

c. On page 70250, in the 1st column, 

the entry for CPT code 78350 is 

removed. 

d. On page 70250, in the 3rd column, 

the descriptors for HCPCS codes A9567, 

A9568, Q9952 and Q9953 are corrected 

to read as follows: 

ADDENDUM J.—LIST OF CPT1/HCPCS 

CODES USED TO DESCRIBE CERTAIN DESIGNATED HEALTH SERVICE

CATEGORIES 2 UNDER SECTION

1877 OF THE SOCIAL SECURITY ACT

[Effective Date January 1, 2007] 

RADIATION THERAPY SERVICES AND SUPPLIES 

CPT code Descriptor 

A9567 ................... Technetium TC–99m aerosol. 

A9568 ................... Technetium tc99m 

arcitumomab. 

Q9952 ................... Inj Gad-base MR contrast,1ml. 

Q9953 ................... Inj Fe-base MR contrast,1ml. 

1 CPT codes and descriptions only are copyright 2006 American Medical Association. All 

rights are reserved and applicable FARS/ 

DFARS clauses apply. 2This list does not include codes for the following designated health service (DHS) categories: durable medical equipment and supplies; parenteral and enteral nutrients, equipment and supplies; prosthetics, orthotics, and 

prosthetic devices and supplies; home health 

services; outpatient prescription drugs; and inpatient and outpatient hospital services. For 

the definitions of these DHS categories, refer 

to § 411.351. For more information, refer to 

http://cms.hhs.gov/PhysicianSelfReferral/. 

e. On page 70251, in the 2nd column, 

the descriptor for HCPCS code G0173 is 

corrected to read, ‘‘Linear acc stereo 

radsur com’’, and HCPCS code G0243 

and its descriptor are removed. 

f. On page 70251, in the 3rd column, 

the Web site in the last sentence of the 

second footnote is corrected to read 

http://www.cms.hhs.gov/ 

PhysicianSelfReferral/. 

V. 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 the notice and comment 

procedures 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 rule. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication. 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 correcting amendment addresses 

technical errors and omissions made in 

FR Doc. 06–9086, entitled ‘‘Medicare 

Program; Revisions to Payment Policies, 

Five-Year Review of Work Relative 

Value Units, and Changes to the Practice 

Expense Methodology Under the 

Physician Fee Schedule, and Other 

Changes to Payment Under Part B; 

Revisions to the Payment Policies of 

Ambulance Services Under the Fee 

Schedule for Ambulance Services; 

Ambulance Inflation Factor Update for 

CY 2007,’’ which appeared in the 

December 1, 2006 Federal Register (71 

FR 69624), and was effective January 1, 

2007. This correcting amendment 

identifies errors and technical 

correction that are in addition to those 

identified in the correction notice that 

appeared in the December 8, 2006 

Federal Register (71 FR 58415). The 

provisions of this final rule with 

comment period have been previously 

subjected to notice and comment 

procedures. Except as noted below, 

these corrections are consistent with the 

discussion and text of the final rule with 

comment period, and do not make 

substantive changes to the CY 2007 

published rule. As such, this correcting 

amendment is intended to ensure the 

CY 2007 PFS final rule with comment 

period accurately reflects the policies 

adopted in that rule. With respect to 

most of the corrections in this correcting 

amendment, we find, therefore, that it is 

unnecessary and would be contrary to 

the public interest to undertake further 

notice and comment procedures to 

incorporate these corrections into the 

final rule with comment period. 

Except as noted below, for the same 

reasons, we are also waiving the 30-day 

delay in effective date for this correcting 

amendment. We believe that it is in the 

public interest to ensure that the CY 

2007 PFS final rule with comment 

period accurately states our policies 

relating to the PFS and other Part B 

payment policies. Therefore, except as 

noted otherwise, we find that delaying 

the effective date of these corrections 

beyond the January 1, 2007 effective 

date of the final rule with comment 

period would be contrary to the public 

interest. In so doing, we also find good 

cause to waive the 30-day delay in the 

effective date. 

With respect to the corrections to 

pages 69699 and 69785 concerning 

revisions to the performance standards 

for IDTFs, we find that it would be 

impracticable and contrary to the public 

interest to seek public comments before 

correcting this regulation. The current 

regulatory language is erroneous 

because it would require IDTFs to list 

the serial numbers for all diagnostic 

equipment in its comprehensive 

liability insurance policy. This 

requirement would be impracticable for 

several reasons. For one, most IDTFs 

would be unable to comply with this 

requirement because only some of their 

diagnostic equipment is onsite. 

Secondly, this requirement would have 

the unintended effect of changing the 

comprehensive liability insurance 

policy into a different type of insurance 

policy. For the same reasons, we are 

waiving the 30-day delay in effective 

date for these corrections. The 

corrections to pages 69699 and 69785 

concerning revisions to the performance 

standards for IDTFs are effective April 

16, 2007. 

With respect to the corrections to 

§ 411.15(o), we find it would be contrary 

to the public interest to seek public 

comments before correcting this 

regulation. The current regulatory 

language is erroneous and misleading 

for it suggests that Medicare payment 

could be made for certain category A 

devices for which questions of safety 

and effectiveness have not been 

resolved (§ 405.201). Moreover, payment 

for category A devices in these 

circumstances would be inconsistent 

with Congressional intent in enacting 

section 1862(m) of the Act. Section 

1871(e)(1)(A) of the Act, as amended by 

section 903(b)(1) of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA) (Pub. 

L. 108–173), generally prohibits the 

Secretary from making retroactive 

substantive changes in policy unless 

retroactive application of the change is 

necessary to comply with statutory 

requirements, or failure to apply the 

change retroactively would be contrary 

to the public interest. We are making the 


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18914 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

corrections to § 411.15(o) retroactive 

because failure to apply the change 

retroactively to January 1, 2007 would 

be contrary to the public interest 

because it would fail to preserve the 

public fisc. OPM v. Richmond, 496 U.S. 

414 (1990). Moreover, retroactivity is 

necessary to comply with statutory 

requirements in section 1862(m) of the 

Act which did not authorize payment 

for category A devices. 

(Catalog of Federal Domestic Assistance 

Program No. 93.774, Medicare—

Supplementary Medical Insurance Program) 

Dated: April 5, 2007. 

Ann C. Agnew, 

Executive Secretary to the Department. 

■ Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correcting amendments: 

PART 410—SUPPLEMENTARY 

MEDICAL INSURANCE (SMI) 

BENEFITS 

■ 1. The authority citation for part 410 

continues to read as follows: 

Authority: Secs. 1102, 1834, and 1871 of 

the Social Security Act (42 U.S.C. 1302, 

1395m, and 1395hh). 

Subpart B—Medical and Other Health 

Services 

■ 2. Section 410.33 is amended by—

■ A. Revising paragraph (a)(2). 

■ B. Revising paragraph (g)(6). 

The revisions read as follows: 

§ 410.33 [Amended] 

(a) * * * 

(2) Exceptions. The following 

diagnostic tests that are payable under 

the physician fee schedule and 

furnished by a nonhospital testing entity 

are not required to be furnished in 

accordance with the criteria set forth in 

paragraphs (b) through (e) and (g) and 

(h) of this section. 

* * * * * 

(g) * * * 

(6) Have a comprehensive liability 

insurance policy of at least $300,000 per 

location that covers both the place of 

business and all customers and 

employees of the IDTF. The policy must 

be carried by a nonrelative-owned 

company. 

* * * * * 

PART 411—EXCLUSIONS FROM 

MEDICARE AND LIMITATIONS ON 

MEDICARE PAYMENT 

■ 3. The authority citation for part 411 

is amended to read as follows: 

Authority: Secs. 1102, 1860D–1 through 

1860D–42, 1871, and 1877 of the Social 

Security Act (42 U.S.C. 1302, 1395w–101 

through 1395w–152, 1395hh, and 1395nn). 

Subpart A—General Exclusions and 

Exclusion of Particular Services 

■ 4. Section 411.15 is amended by 

revising paragraph (o) to read as follows: 

§ 411.15 [Amended] 

* * * * * 

(o) Experimental or investigational 

devices, except for certain devices. 

(1) Categorized by the FDA as a nonexperimental/investigational (Category 

B) device defined in § 405.201(b) of this 

chapter; and 

(2) Furnished in accordance with the 

FDA-approved protocols governing 

clinical trials. 

* * * * * 

PART 414—PAYMENT FOR PART B 

MEDICAL AND OTHER HEALTH 

SERVICES 

■ 5. The authority citation for Part 414 

continues to read as follows: 

Authority: Secs. 1102, 1871, and 1881(b)(l) 

of the Social Security Act (42 U.S.C. 1302, 

1395hh, and 1395rr(b)(l)). 

Subpart J—Submission of 

Manufacturer’s Average Sales Price 

Data 

■ 6. Section 414.804(a)(3)(iv) is revised 

to read as follows: 

§ 414.804 [Amended] 

(a) * * * 

(3) * * * 

(iv) Example. After adjusting for 

exempted sales, the total lagged price 

concessions (discounts, rebates, etc.) 

over the most recent 12-month period 

available associated with sales for 

National Drug Code 12345–6789–01 

subject to the ASP reporting 

requirement equal $200,000, and the 

total in dollars for the sales subject to 

the average sales price reporting 

requirement for the same period equals 

$600,000. The lagged price concessions 

percentage for this period equals 

200,000/600,000 = 0.33333. The total in 

dollars for the sales subject to the 

average sales price reporting 

requirement for the quarter being 

reported, equals $50,000 for 10,000 

units sold. The manufacturer’s average 

sales price calculation for this National 

Drug Code for this quarter is: 

$50,000¥(0.33333 × $50,000) = $33,334 

(net total sales amount); $33,334/10,000 

= $3.33 (average sales price). 

* * * * * 

[FR Doc. E7–6989 Filed 4–13–07; 8:45 am] 

BILLING CODE 4120–01–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 801 

Public Availability of Information 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Final rule. 

SUMMARY: The NTSB is updating its 

regulations regarding the availability of 

information. This amendment updates 

the NTSB regulations that implement 

the Freedom of Information Act (FOIA) 

and Privacy Act, notifies the public of 

changes in the NTSB’s Freedom of 

Information Act processing procedures 

and, in general, advises the public on 

the availability of information from 

NTSB accident investigations. 

DATES: This final rule will become 

effective May 23, 2007. 

ADDRESSES: A copy of the notice of 

proposed rulemaking (NPRM), 

published in the Federal Register, is 

available for inspection and copying in 

the Board’s public reading room, located 

at 490 L’Enfant Plaza, SW., Washington, 

DC 20594–2000. Alternatively, a copy of 

the NPRM is available on the Board’s 

Web site, at http://www.ntsb.gov. 

FOR FURTHER INFORMATION CONTACT: Gary 

L. Halbert, General Counsel, (202) 314–

6080. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On November 22, 2006, the NTSB 

published a notice of proposed 

rulemaking entitled, ‘‘Public 

Availability of Information,’’ in the 

Federal Register (71 FR 67523). This 

NPRM set forth amendments to the 

Board’s regulations regarding the 

availability of information, and 

provided updated information regarding 

how the public may obtain NTSB 

records. The NPRM also set forth an 

updated fee schedule to apply to 

requests for NTSB records. 

Discussion of Comments and Changes 

The NTSB did not receive any 

comments regarding the aforementioned 

NPRM. The NTSB also did not receive 

any requests for a public meeting; 

therefore, the NTSB did not hold a 

public meeting on the NPRM. 

In the interest of ensuring that all 

provisions of 49 CFR part 801 are 

accurate and complete, the Board’s final 

rule herein will include one minor 

revision to § 801.60(a) that the NTSB 

did not include in the NPRM: In the 

final sentence of § 801.60(a), the rule 

will now advise requesters to ‘‘pay fees 

in accordance with the instructions 


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