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[Federal Register: July 5, 2011 (Volume 76, Number 128)]
[Rules and Regulations]               
[Page 39006-39007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy11-7]                         

[[Page 39006]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 422 and 480

[CMS-3239-CN]
RIN 0938-AQ55

 
Medicare Program; Hospital Inpatient Value-Based Purchasing 
Program; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Correction of final rule.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the Federal Register on May 6, 2011 (76 FR 
26490) entitled ``Medicare Program; Hospital Inpatient Value-Based 
Purchasing Program.''

DATES: Effective Date: These corrections are effective on July 1, 2011.

FOR FURTHER INFORMATION CONTACT: Ernessa Brawley, (410) 786-2075.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2011-10568 of May 6, 2011 (76 FR 26490), there were a 
number of technical errors that are identified and corrected in the 
``Correction of Errors'' section below. The provisions in this 
correction notice are effective as if they had been included in the 
document published May 6, 2011. Accordingly, the corrections are 
effective on July 1, 2011.

II. Summary of Errors

    On page 26490, we made several typographical errors in the ``Table 
of Contents'' section, and on pages 26493 through 26539, we made 
typographical errors to the corresponding section headings under 
section ``II. Provisions of the Final Rule and Responses to Comments.'' 
In the final rule preamble language, we combined section ``II.A'' and 
section ``II.B'' to remove redundancy in the language and titled the 
new combined section ``II. A Overview of the January 7, 2011 Hospital 
Inpatient VBP Program Proposed Rule.'' We inadvertently failed to 
reflect this combination in the table of contents and corresponding 
headings in the preamble language. Therefore, in section III. of this 
correction notice, we correct these errors.
    On pages 26513 and 26516, we made technical and typographical 
errors with the numerical values expressed in Tables 5 and 7, 
respectively. In these tables, we are adjusting the ``n'' value used to 
calculate the achievement threshold and benchmark values listed in the 
tables, which properly reflects the performance standards we have 
finalized for the hospital value-based purchasing program. Therefore, 
in section III. 6. and 7. of this notice, we are correcting these 
errors in the tables.

III. Correction of Errors

    In FR Doc. 2011-10568 of May 6, 2011 (76 FR 26490), make the 
following corrections:
    1. On page 26490, the ``Table of Contents'' section is corrected to 
read as follows:

Table of Contents

I. Background
    A. Overview
    B. Hospital Inpatient Quality Data Reporting Under Section 
501(b) of Public Law 108-173
    C. Hospital Inpatient Quality Reporting Under Section 5001(a) of 
Public Law 109-171
    D. 2007 Report to Congress: Plan To Implement a Medicare 
Hospital Value-Based Purchasing Program
    E. Provisions of the Affordable Care Act
II. Provisions of the Final Rule and Response to Comments
    A. Overview of the January 7, 2011 Hospital Inpatient VBP 
Program Proposed Rule
    B. Performance Period
    C. Measures
    D. Performance Standards
    E. Methodology for Calculating the Total Performance Score
    F. Applicability of the Value-Based Purchasing Program to 
Hospitals
    G. The Exchange Function
    H. Hospital Notification and Review Procedures
    I. Reconsideration and Appeal Procedures
    J. FY 2013 Validation Requirements for Hospital Value-Based 
Purchasing
    K. Additional Information
    L. QIO Quality Data Access
III. Collection of Information Requirements
IV. Economic Analyses
    A. Regulatory Impact Analysis
    B. Regulatory Flexibility Act Analysis
    C. Unfunded Mandates Reform Act Analysis
V. Federalism Analysis

    2. On page 26494, in the third column; the section heading ``C. 
Performance Period'' is corrected to read ``B. Performance Period''.
    3. On page 26495, in the third column; the section heading ``D. 
Measures'' is corrected to read ``C. Measures''.
    4. On page 26511, in the first column; the section heading ``E. 
Performance Standards'' is corrected to read ``D. Performance 
Standards''.
    5. On page 26513, in the first column; the section heading ``F. 
Methodology for Calculating the Total Performance Score'' is corrected 
to read ``E. Methodology for Calculating the Total Performance Score''.
    6. On page 26513, Table 5 is corrected to read as follows:

  Table 5--Achievement Thresholds for the FY 2014 Hospital VBP Program
                       Mortality Outcome Measures
                      [Displayed as survival rates]
------------------------------------------------------------------------
                                                            Performance
                                                             standard
            Measure ID              Measure description    (achievement
                                                            threshold)
------------------------------------------------------------------------
                       Mortality Outcome Measures
------------------------------------------------------------------------
MORT-30-AMI......................  Acute Myocardial                .8477
                                    Infarction (AMI) 30-
                                    Day Mortality Rate.
MORT-30-HF.......................  Heart Failure (HF) 30-          .8861
                                    Day Mortality Rate.
MORT-30 PN.......................  Pneumonia (PN) 30-Day           .8818
                                    Mortality Rate.
------------------------------------------------------------------------

    7. On page 26516, Table 7 is corrected to read as follows:

[[Page 39007]]

Table 7--Final Benchmarks for the FY 2014 Hospital VBP Program Mortality
                            Outcome Measures
                      [Displayed as survival rates]
------------------------------------------------------------------------
            Measure ID              Measure description      Benchmark
------------------------------------------------------------------------
                       Mortality Outcome Measures
------------------------------------------------------------------------
MORT-30-AMI......................  Acute Myocardial                .8673
                                    Infarction (AMI) 30-
                                    Day Mortality Rate.
MORT-30-HF.......................  Heart Failure (HF) 30-          .9042
                                    Day Mortality Rate.
MORT-30 PN.......................  Pneumonia (PN) 30-Day           .9021
                                    Mortality Rate.
------------------------------------------------------------------------

    8. On page 26527, in the first column; the section heading ``G. 
Applicability of the Value-Based Purchasing Program'' Hospitals is 
corrected to read ``F. Applicability of the Value-Based Purchasing 
Program to Hospitals''.
    9. On page 26531, in the first column; the section heading ``H. 
Exchange Function'' is corrected to read ``G. The Exchange Function''.
    10. On page 26534, in the second column; the section heading ``I. 
Hospital Notification and Review Procedures'' is corrected to read ``H. 
Hospital Notification and Review Procedures''.
    11. On page 26536, in the third column; the section heading ``J. 
Reconsideration and Appeal Procedures'' is corrected to read ``I. 
Reconsideration and Appeal Procedures''.
    12. On page 26537, in the first column; the section heading ``K. FY 
2013 Validation Requirements for Hospital Value-Based Purchasing'' is 
corrected to read ``J. FY 2013 Validation Requirements for Hospital 
Value-Based Purchasing''.
    13. On page 26538, in the first column; the section heading ``L. 
Additional Information'' is corrected to read ``K. Additional 
Information''.
    14. On page 26539, in the second column; the section heading ``M. 
QIO Quality Data Access'' is corrected to read ``L. QIO Quality Data 
Access''.

IV. 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 notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    This notice merely corrects technical and typographic errors in the 
Hospital Inpatient Value-Based Purchasing Program final rule that was 
published on May 6, 2011 and becomes effective on July 1, 2011. The 
changes are not substantive changes to the policies or payment 
methodologies. Therefore, we believe that undertaking further notice 
and comment procedures to incorporate these corrections and delaying 
the effective date of these changes is unnecessary. In addition, we 
believe it is important for the public to have the correct information 
as soon as possible, and believe it is contrary to the public interest 
to delay the dissemination of it. For the reasons stated above, we find 
there is good cause to waive notice and comment procedures and the 30-
day delay in the effective date for this correction notice.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: June 28, 2011.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2011-16763 Filed 7-1-11; 8:45 am]
BILLING CODE 4120-01-P
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