Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations 6019 

TABLE 1 TO PARAGRAPH (a) 

Pesticide chemical CAS reg. No. Limits 

*******

Ortho-benzyl-para-chlorophenol ................................... 120–32–1 When ready for use, the end-use concentration is not to exceed 2080 

ppm. 

*******

Potassium 2-benzyl-4-chlorophenate ........................... 35471–49–9 When ready for use, the end-use concentration is not to exceed 2080 

ppm. 

* * * * * * * 

Sodium 2-benzyl-4-chlorophenate ................................ 3184–65–4 When ready for use, the end-use concentration is not to exceed 2080 

ppm. 

*******

* * * * * 

[FR Doc. 2024–01869 Filed 1–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 409, 410, 414, 424, 484, 

488, and 489 

[CMS–1780–CN] 

RIN 0938–AV03 

Medicare Program; Calendar Year (CY) 

2024 Home Health (HH) Prospective 

Payment System Rate Update; HH 

Quality Reporting Program 

Requirements; HH Value-Based 

Purchasing Expanded Model 

Requirements; Home Intravenous 

Immune Globulin Items and Services; 

Hospice Informal Dispute Resolution 

and Special Focus Program 

Requirements, Certain Requirements 

for Durable Medical Equipment 

Prosthetics and Orthotics Supplies; 

and Provider and Supplier Enrollment 

Requirements; 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 November 13, 2023 

Federal Register titled ‘‘Medicare 

Program; Calendar Year (CY) 2024 

Home Health (HH) Prospective Payment 

System Rate Update; HH Quality 

Reporting Program Requirements; HH 

Value-Based Purchasing Expanded 

Model Requirements; Home Intravenous 

Immune Globulin Items and Services; 

Hospice Informal Dispute Resolution 

and Special Focus Program 

Requirements, Certain Requirements for 

Durable Medical Equipment Prosthetics 

and Orthotics Supplies; and Provider 

and Supplier Enrollment Requirements’’ 

(referred to hereafter as the ‘‘CY 2024 

HH PPS final rule’’). 

DATES: Effective date: This correcting 

document is effective January 31, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the Home Health 

Quality Reporting Program (HH QRP), 

send your inquiry via email to 

HHQRPquestions@cms.hhs.gov. 

For questions about the expanded 

Home Health Value-Based Purchasing 

Model, please visit the Expanded 

HHVBP Model web page at https://

innovation.cms.gov/innovation-models/ 

expanded-home-health-value-basedpurchasing-model; send your inquiry 

via email to HHVBPquestions@

cms.hhs.gov; or call Marcie O’Reilly at 

(410) 786–9764. 

For questions about the hospice 

informal dispute resolution send 

inquiries to QSOG_Hospice@

cms.hhs.gov, and for the special focus 

program, send your inquiry to CMS_

HospiceSFP@cms.hhs.gov, or call 

Thomas Pryor at (410) 786–1332. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This correcting document identifies 

and corrects errors in FR Doc. 2023– 

24455 of November 13, 2023 (88 FR 

77676). The corrections in this 

correcting document are effective 

January 1, 2024, as if they had been 

included in the document that appeared 

in the November 13, 2023, Federal 

Register. 

II. Summary of Errors 

On pages 77680, 77761, 77767, and 

77851 in our discussion of the Home 

Health Quality Reporting Program (HH 

QRP), we made several typographical 

errors. 

On pages 77778 and 77779, in a table 

regarding the proposed measures for the 

Home Health Value-Based Purchasing 

Model (HHVBP), we made 

typographical and technical errors. 

On pages 77801, 77802, and 77807, in 

our discussion of the Hospice Informal 

Dispute Resolution and Special Focus 

Program, we made several typographical 

and technical errors. 

We are correcting these errors in 

section IV. of this correcting document. 

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 

Social Security Act (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 


lotter on DSK11XQN23PROD with RULES1
6020 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations 

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 errors in the preamble of the 

CY 2024 HH 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 CY 

2024 HH 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 

information regarding the relevant 

Medicare payment policy in as timely a 

manner as possible, and to ensure that 

the CY 2024 HH 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 CY 

2024 HH 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. Moreover, even if these 

corrections were considered to be 

retroactive rulemaking, they would be 

authorized under section 

1871(e)(1)(A)(ii) of the Act, which 

permits the Secretary to issue a rule for 

the Medicare program with retroactive 

effect if the failure to do so would be 

contrary to the public interest. As we 

have explained previously, we believe it 

would be contrary to the public interest 

not to implement the corrections in this 

final rule correction for changes 

effective on January 1, 2024, because it 

is in the public’s interest for providers 

to receive information regarding the 

relevant Medicare payment policy in as 

timely a manner as possible, and to 

ensure that the CY 2024 HH PPS final 

rule accurately reflects our policies. 

IV. Correction of Errors 

In FR Doc. 2023–24455 of November 

13, 2023 (88 FR 77676), make the 

following corrections: 

1. On page 77680, top of the page, the 

table titled ‘‘Table Al: Summary of 

Costs, Transfers, and Benefits’’, second 

row (HH QRP), third column 

(Transfers), line 6, the phrase ‘‘M2220— 

Therapy Needs’’ is corrected to read 

‘‘M2200—Therapy Need’’. 

2. On page 77761, first column, 

second full paragraph, line 6, the date 

‘‘April 1, 2024’’ is corrected to read 

‘‘April 1, 2023’’. 

3. On page 77767, in the third 

column, 

a. First partial paragraph, line 7, the 

date ‘‘April 1, 2024’’ is corrected to read 

‘‘April 1, 2023’’. 

b. First full paragraph, line 6, the date 

‘‘April 1, 2024’’ is corrected to read 

‘‘April 1, 2023’’. 

4. On page 77778, in the table titled 

‘‘TABLE D2: PROPOSED MEASURE 

SET FOR THE EXPANDED HHVBP 

MODEL’’, columns 3 (Numerator) and 4 

(Denominator) for the listed entries are 

corrected to read as follows: 

BILLING CODE 4120–01–P 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations 6021 

5. On page 77779, following the table 

titled ‘‘Table D2: Proposed Measure Set 

for the Expanded HHVBP Model’’, table 

note 3 ‘‘ 3https://www.cms.gov/files/ 

document/hh-qrp-specifications

potentiallypreventablehospitalizations.

pdf’’ is corrected to read ‘‘ 3https://

www.cms.gov/files/document/homehealth-outcome-measures-table-oasise2023.pdf’’. 

6. On page 77801, first column, first 

partial paragraph, line 4, the phrase ‘‘the 

iQIES).’’ is corrected to read ‘‘the 

iQIES.’’. 

7. On page 77802, 

a. First column, first full paragraph, 

line 32, the phrase ‘‘ ‘Sometimes’;’’ is 

corrected to read ‘‘ ‘Sometimes’.’’. 

b. Second column, first full 

paragraph, line 11, the phrase ‘‘top-box 

option: 9–10)’’ is corrected to read ‘‘topbox options: 9–10)’’. 

8. On page 77807, second column, 

second full paragraph, line 5, the term 

‘‘BBVs’’ is corrected to read ‘‘bottombox scores’’. 

9. On page 77851, top half of the page, 

first column, sixth full paragraph, lines 

6 and 7, the date ‘‘April 1, 2024’’ is 

corrected to read ‘‘April 1, 2023,’’. 

Elizabeth J. Gramling, 

Executive Secretary, Department of Health 

and Human Services. 

[FR Doc. 2024–01094 Filed 1–30–24; 8:45 am] 

BILLING CODE 4120–01–C 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90; FCC 23–118; FR 

ID 198698] 

Connect America Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) defers the commencement 

of the next five-year deployment 

obligation term for legacy rate-of-return 

carriers receiving Connect America 

Fund Broadband Loop Support (CAF 

BLS) in 2024 until January 1, 2025, 

while it considers general program 

reforms. 

DATES: The Commission defers the 

commencement of the next five-year 

deployment obligation term for legacy 

rate-of-return carriers receiving CAF 

BLS in 2024 effective January 31, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact, 

William Layton, Attorney Advisor, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

at William.Layton@fcc.gov or 202–418– 

7400. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order (Order) in WC Docket 

No. 10–90; adopted on December 26, 

2023, and released on December 27, 


lotter on DSK11XQN23PROD with RULES1ER31JA24.077</GPH>

Measure Full Title/Short 

Form Name (if applicable) 

******* 

Home Health Within-Stay 

Potentially Preventable 

Hospitalization/PPH3 

Discharge to 

Community/DTC-PAC4 

******* 

Notes: 

TABLE D2: PROPOSED MEASURE SET FOR THE 

EXPANDED HHVBP MODEL 

Measure 

Type Data Source Numerator Denominator 

Outcome CCW (Claims) The risk-adjusted prediction of The risk-adjusted expected number 

the number ofHH stays with at of hospitalizations or observation 

least one potentially preventable stays. This estimate includes risk 

hospitalization ( that is, in an adjustment for patient 

ACH/L TCH) or observation stay. characteristics with the HHA effect 

For PPH, an HH stay is a removed. The "expected" number 

sequence ofHH payment of hospitalizations or observation 

episodes separated by 2 or fewer stays is the projected number of 

days. A separation between HH risk-adjusted hospitalizations or 

payment episodes greater than 2 observation stays if the same 

days results in separate HH stays. patients were treated at the average 

HHA appropriate to the measure. 

Numerator over denominator times 

the national observed PPH rate 

equals the reported 

risk-standardized rate. 

Outcome CCW (Claims) The risk-adjusted estimate of the The risk-adjusted expected number 

number ofHH stays resulting in of discharges to community. This 

a discharge to the community estimate includes risk adjustment 

(Patient Discharge Status codes for patient characteristics with the 

equal to O 1 or 81 ), without an HHA effect removed. The 

unplanned admission to an "expected" number of discharges 

ACH/L TCH or death in the to community is the predicted 

31-day post-discharge number ofrisk-adjusted discharges 

observation window. For to community if the same patients 

DTC-PAC, an HH stay is a were treated at the average HHA 

sequence ofHH payment appropriate to the measure. 

episodes separated by 2 or fewer Numerator over denominator times 

days. A separation between HH the national observed DTC-PAC 

payment episodes greater than 2 rate equals the reported 

days results in separate HH stays. risk-standardized rate. 

3 https://www.cms.gov/files/document/hh-qrpspecificationspotentiallypreventablehospitalizations.pdf 

4 https://www.cms.gov/files/document/home-health-outcome-measures-table-oasis-e2023.pdf 

Current Proposed 

X 

X