15030 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 

F. Accounting Statement and Table 

As required by OMB Circular A–4 

(available at http://

www.whitehouse.gov/omb/circulars/

a004/a-4.pdf), in Table I, we have 

prepared an accounting statement 

showing the classification of 

expenditures associated with the 

provisions of this interim final rule with 

comment period as they relate to acute 

care hospitals. This table provides our 

best estimate of the change in Medicare 

payments to providers as a result of the 

changes to the IPPS presented in this 

interim final rule with comment period. 

All expenditures are classified as 

transfers from the Federal government 

to Medicare providers. As previously 

discussed, relative to what was 

projected in the FY 2014 IPPS/LTCH 

PPS final rule, the changes in this 

interim final rule with comment period 

to implement sections 1105 and 1106 of 

the Pathway for SGR Reform Act of 2013 

are projected to increase FY 2014 

payments to IPPS hospitals by 

approximately $227 million. 

TABLE I—ACCOUNTING STATEMENT: CLASSIFICATION OF ESTIMATED EXPENDITURES UNDER THE IPPS FROM PUBLISHED

FY 2014 TO REVISED FY 2014 

Category Transfers 

Annualized Monetized Transfers .............................................................. $227 million. 

From Whom to Whom .............................................................................. Federal Government to IPPS Medicare Providers. 

Total ................................................................................................... $227 million. 

List of Subjects in 42 CFR Part 412 

Administrative practice and 

procedure, Health facilities, Medicare, 

Puerto Rico, Reporting and 

recordkeeping requirements. 

For the reasons stated in the preamble 

of this interim final rule with comment 

period, the Centers for Medicare & 

Medicaid Services is amending 42 CFR 

Chapter IV as follows: 

PART 412—PROSPECTIVE PAYMENT 

SYSTEMS FOR INPATIENT HOSPITAL 

SERVICES 

■ 1. The authority citation for Part 412 

continues to read as follows: 

Authority: Sections 1102, 1862, and 1871 

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

1395y, and 1395hh). 

§ 412.101 [Amended] 

■ 2. Section 412.101 is amended by— 

■ A. In paragraph (b)(2)(i), removing the 

phrase ‘‘FY 2014 and subsequent fiscal 

years,’’ and adding in its place the 

phrase ‘‘the portion of FY 2014 

beginning on April 1, 2014, FY 2015, 

and subsequent fiscal years,’’. 

■ B. In paragraph (b)(2)(ii), removing the 

phrase ‘‘For FY 2011, FY 2012, and FY 

2013,’’ and adding in its place the 

phrase ‘‘For FY 2011, FY 2012, FY 2013, 

and the portion of FY 2014 before April 

1, 2014,’’. 

■ C. In paragraph (c)(1), removing the 

phrase ‘‘FY 2014 and subsequent fiscal 

years,’’ and adding in its place the 

phrase ‘‘the portion of FY 2014 

beginning on April 1, 2014 and 

subsequent fiscal years,’’. 

■ D. In paragraph (c)(2) introductory 

text, removing the phrase ‘‘For FY 2011, 

FY 2012, and FY 2013,’’ and adding in 

its place the phrase ‘‘For FY 2011, FY 

2012, FY 2013, and the portion of FY 

2014 before April 1, 2014,’’. 

■ E. In paragraph (d), removing the 

phrase ‘‘FY 2014 and subsequent fiscal 

years,’’ and adding in its place the 

phrase ‘‘the portion of FY 2014 

beginning on April 1, 2014 and 

subsequent fiscal years,’’. 

§ 412.108 [Amended] 

■ 3. Section 412.108 is amended by— 

■ A. In paragraph (a)(1) introductory 

text, removing the phrase ‘‘before 

October 1, 2013’’ and adding in its place 

the phrase ‘‘before April 1, 2014’’. 

■ B. In paragraph (c)(2)(iii) introductory 

text, removing the phrase ‘‘before 

October 1, 2013’’ and adding in its place 

the phrase ‘‘before April 1, 2014’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: February 26, 2014. 

Marilyn Tavenner, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: March 6, 2014. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2014–05922 Filed 3–14–14; 11:15 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, 414, 419, 424, 

482, 485, and 489 

[CMS–1599–& 1455–CN5] 

RINs 0938–AR53 and 0938–AR73 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System and Fiscal Year 2014 

Rates; Quality Reporting Requirements 

for Specific Providers; Hospital 

Conditions of Participation; Payment 

Policies Related to Patient Status; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rules; correction. 

SUMMARY: This document corrects 

technical errors in the final rules that 

appeared in the August 19, 2013 

Federal Register titled ‘‘Medicare 

Program; Hospital Inpatient Prospective 

Payment Systems for Acute Care 

Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

and Fiscal Year 2014 Rates; Quality 

Reporting Requirements for Specific 

Providers; Hospital Conditions of 

Participation; Payment Policies Related 

to Patient Status.’’ 

DATES: This correcting document is 

effective on March 18, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Tourison (410) 786–1093. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 15031 

I. Background 

In FR Doc. 2013–18956, which 

appeared in the August 19, 2013 

Federal Register (78 FR 50496) entitled 

‘‘Medicare Program; Hospital Inpatient 

Prospective Payment Systems for Acute 

Care Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

and Fiscal Year 2014 Rates; Quality 

Reporting Requirements for Specific 

Providers; Hospital Conditions of 

Participation; Payment Policies Related 

to Patient Status’’ (hereinafter referred 

to as the FY 2014 IPPS/LTCH PPS final 

rule) there were technical errors that are 

identified and corrected in the 

Correction of Errors section of this 

correcting document. 

II. Summary of Errors in the Preamble 

On page 50695, in the table entitled 

‘‘Finalized Performance Standards for 

Certain FY 2016 Hospital VBP Program 

Outcome Domain Measures,’’ the 

performance standards for the PSI–90 

measure are not consistent with the FY 

2016 performance standards that we 

finalized for that measure. We also note 

that we have made similar corrections to 

the FY 2013 IPPS/LTCH PPS final rule 

published elsewhere in this issue of the 

Federal Register. 

III. Waiver of Proposed Rulemaking 

and Delay of Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

In our view, this correcting document 

does not constitute a rule that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This correcting document corrects 

technical errors in certain HVBP tables 

but does not make substantive changes 

to the HVBP policies that were adopted 

in the final rule. As a result, this 

correcting document is intended to 

ensure that the HVBP tables accurately 

reflect the policies previously adopted 

for the HVBP Program. 

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 table values in as timely a 

manner as possible, and to ensure that 

the FY 2014 IPPS/LTCH PPS final rule 

accurately reflects our HVBP policies. 

Furthermore, such procedures would be 

unnecessary, as we are not altering our 

HVBP policies, but rather, we are 

simply implementing correctly the 

policy for calculating certain HVBP 

table values that we previously 

proposed, received comment on, and 

subsequently finalized. This correcting 

document is intended solely to ensure 

that the FY 2014 IPPS/LTCH PPS final 

rule accurately reflects these HVBP 

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. 2013–18956 of August 19, 

2013 (78 FR 50496), make the following 

corrections: 

1. On page 50695, lower fourth of the 

page, in the table entitled ‘‘FINALIZED 

PERFORMANCE STANDARDS FOR 

CERTAIN FY 2016 HOSPITAL VBP 

PROGRAM OUTCOME DOMAIN 

MEASURES,’’ the performance 

standards for the PSI–90 measure are 

corrected to read as follows: 

Measure ID Description Achievement 

threshold Benchmark 

Outcome Measures 

PSI–90 ........ Complication/Patient safety for selected indicators (composite) ................................................... 0.616248 0.449988 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: March 6, 2014. 

Jennifer M. Cannistra, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–05837 Filed 3–17–14; 8:45 am] 

BILLING CODE 4120–01–P 


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