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[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Pages 81138-81139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32496]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 484

[CMS-1510-CN2]
RIN 0938-AP88

Medicare Program; Home Health Prospective Payment System Rate 
Update for Calendar Year 2011; Changes in Certification Requirements 
for Home Health Agencies and Hospices

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

ACTION: Correction of final rule.

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SUMMARY: This document corrects a technical error that appeared in the 
November 17, 2010 Federal Register entitled ``Medicare Program; Home 
Health Prospective Payment System Rate Update for Calendar Year 2011; 
Changes in Certification Requirements for Home Health Agencies and 
Hospices'' final rule (75 FR 70372).

DATES: Effective Date: This correction is effective January 1, 2011.

FOR FURTHER INFORMATION CONTACT: Sharon Ventura, (410) 786-1985.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2010-27778 of November 17, 2010 (75 FR 70372), there was 
a technical error that this notice serves to identify and correct. The 
provisions of this notice are effective as if they had been included in 
the ``Medicare Program; Home Health Prospective Payment System Rate 
Update for Calendar Year 2011; Changes in Certification Requirements 
for Home Health Agencies and Hospices'' final

[[Page 81139]]

rule. Accordingly, the correction is effective January 1, 2011.

II. Summary of Errors

    On page 70417, in Table 13B, the calculation of the NRS payment 
amounts for services provided in rural areas is incorrect. In Table 
13B, we multiplied the NRS payment amounts (from Tables 8B and 9B) by 
the rural add-on (X 1.03). However, we should have multiplied the NRS 
conversion factors for rural areas (from Table 13A) by the appropriate 
relative weights. We are replacing Table 13B in its entirety in order 
to show the correct calculation of the NRS payment amounts for services 
provided in rural areas.

III. Correction of Errors

    In FR Doc. 2010-27778 of November 17, 2010 (75 FR 70372), make the 
following corrections:
    1. On page 70417, Table 13B is corrected to read as follows:

                             Table 13B--Relative Weights for the 6-Severity NRS System for Services Provided in Rural Areas
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                                                                                    For HHAs that DO submit quality       For HHAs that DO NOT submit
                                                                                     data (NRS conversion factor =       quality data (NRS conversion
                                                                                                54.12)                          factor = 53.05)
                Severity level                          Points (scoring)         -----------------------------------------------------------------------
                                                                                                        Total NRS                           Total NRS
                                                                                   Relative weight   payment amount    Relative weight   payment amount
                                                                                                     for rural areas                     for rural areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................  0...............................            0.2698            $14.60            0.2698            $14.31
2.............................................  1 to 14.........................            0.9742            $52.72            0.9742            $51.68
3.............................................  15 to 27........................            2.6712           $144.57            2.6712           $141.71
4.............................................  28 to 48........................            3.9686           $214.78            3.9686           $210.53
5.............................................  49 to 98........................            6.1198           $331.20            6.1198           $324.66
6.............................................  99+.............................           10.5254           $569.63           10.5254           $558.37
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 notice such as this take effect in accordance with 
section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). However, we can waive both the notice and comment procedure 
and the 30-day delay in effective date 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.
    We find for good cause that it is unnecessary to undertake notice 
and comment rulemaking because this notice merely provides 
typographical and technical corrections to the regulations. We are not 
making substantive changes to our payment methodologies or policies, 
but rather, are simply implementing correctly the payment methodologies 
and policies that we previously proposed, received comment on, and 
subsequently finalized. The public has already had the opportunity to 
comment on these payment methodologies and policies, and this 
correction notice is intended solely to ensure that the CY 2011 HH PPS 
final rule accurately reflects them. Therefore, we believe that 
undertaking further notice and comment procedures to incorporate these 
corrections into the CY 2011 HH PPS final rule is unnecessary and 
contrary to the public interest.
    Further, we believe a delayed effective date is unnecessary because 
this correction notice merely corrects inadvertent typographical and 
technical errors. The changes noted above do not make any substantive 
changes to the HH PPS payment methodologies or policies. Moreover, we 
regard imposing a delay in the effective date as being contrary to the 
public interest. We believe that it is in the public interest for 
providers to receive appropriate HH PPS payments in as timely a manner 
as possible and to ensure that the CY 2011 HH PPS final rule accurately 
reflects our payment methodologies, payment rates, and policies. 
Therefore, we find good cause to waive notice and comment procedures, 
as well as the 30-day delay in effective date.

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

    Dated: December 20, 2010.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2010-32496 Filed 12-23-10; 8:45 am]
BILLING CODE 4120-01-P
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