9002 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 410, 416, 419, 424, 

485, 488, and 489 

Office of the Secretary 

45 CFR Part 180 

[CMS–1786–CN] 

RIN 0938–AV09 

Medicare Program: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems; 

Quality Reporting Programs; Payment 

for Intensive Outpatient Services in 

Hospital Outpatient Departments, 

Community Mental Health Centers, 

Rural Health Clinics, Federally 

Qualified Health Centers, and Opioid 

Treatment Programs; Hospital Price 

Transparency; Changes to Community 

Mental Health Centers Conditions of 

Participation, Changes to the Inpatient 

Prospective Payment System Medicare 

Code Editor; Rural Emergency 

Hospital Conditions of Participation 

Technical Correction; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule with comment period; 

correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule with comment period that 

appeared in the Federal Register on 

November 22, 2023, titled ‘‘Medicare 

Program: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems; 

Quality Reporting Programs; Payment 

for Intensive Outpatient Services in 

Hospital Outpatient Departments, 

Community Mental Health Centers, 

Rural Health Clinics, Federally 

Qualified Health Centers, and Opioid 

Treatment Programs; Hospital Price 

Transparency; Changes to Community 

Mental Health Centers Conditions of 

Participation, Changes to the Inpatient 

Prospective Payment System Medicare 

Code Editor; Rural Emergency Hospital 

Conditions of Participation Technical 

Correction’’ (referred to hereafter as the 

‘‘CY 2024 OPPS/ASC final rule with 

comment period’’). 

DATES: 

Effective Date: This correcting 

document is effective February 9, 2024. 

Applicability Date: This correcting 

document is applicable January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Au’Sha Washington via email, 

Ausha.Washington@cms.hhs.gov or at 

(410) 786–3736. 

Ambulatory Surgical Center (ASC) 

Payment System, contact Scott Talaga 

via email at Scott.Talaga@cms.hhs.gov 

or Mitali Dayal via email at 

Mitali.Dayal2@cms.hhs.gov. 

Ambulatory Surgical Center Quality 

Reporting (ASCQR) Program policies, 

contact Anita Bhatia via email at 

Anita.Bhatia@cms.hhs.gov. 

Ambulatory Surgical Center Quality 

Reporting (ASCQR) Program measures, 

contact Marsha Hertzberg via email at 

marsha.hertzberg@cms.hhs.gov. 

Hospital Outpatient Quality Reporting 

(OQR) Program policies, contact 

Kimberly Go via email Kimberly.Go@

cms.hhs.gov. 

Hospital Outpatient Quality Reporting 

(OQR) Program measures, contact Janis 

Grady via email Janis.Grady@

cms.hhs.gov. 

Hospital Price Transparency (HPT) 

policies, contact Terri Postma via email 

PriceTransparencyHospitalCharges@

cms.hhs.gov. 

Medicare coverage of opioid use 

disorder treatment services furnished by 

opioid treatment programs, contact 

Lindsey Baldwin, (410) 786–1694, 

Ariana Pitcher, (667) 290–8840, or OTP_

Medicare@cms.hhs.gov. 

OPPS Status Indicators (SI) and 

Comment Indicators (CI), contact 

Marina Kushnirova via email at 

Marina.Kushnirova@cms.hhs.gov. 

Rural Emergency Hospital Quality 

Reporting (REHQR) Program policies, 

contact Anita Bhatia via email at 

Anita.Bhatia@cms.hhs.gov. 

Rural Emergency Hospital Quality 

Reporting (REHQR) Program measures, 

contact Melissa Hager via email 

Melissa.Hager@cms.hhs.gov. 

OPPS Data (APC Weights, Conversion 

Factor, Copayments, Cost-to-Charge 

Ratios (CCRs), Data Claims, Geometric 

Mean Calculation, Outlier Payments, 

and Wage Index), contact Erick Chuang 

via email at Erick.Chuang@cms.hhs.gov, 

or Scott Talaga via email at 

Scott.Talaga@cms.hhs.gov or Josh 

McFeeters via email at 

Joshua.McFeeters@cms.hhs.gov. 

All Other Issues Related to Hospital 

Outpatient Payments Not Previously 

Identified, contact the OPPS mailbox at 

OutpatientPPS@cms.hhs.gov. 

All Other Issues Related to the 

Ambulatory Surgical Center Payments 

Not Previously Identified, contact the 

ASC mailbox at ASCPPS@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2023–24293 of November 

22, 2023 (88 FR 81540), there were a 

number of technical and typographical 

errors that are identified and corrected 

in this correcting document. The 

corrections in this correcting document 

are effective as if they had been 

included in the document that appeared 

in the November 22, 2023 Federal 

Register. Accordingly, the corrections 

are effective January 1, 2024. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Corrections 

On pages 81546, 82156, 82157, and 

82158, we are correcting the estimates of 

the changes in payments to account for 

our correction to apply the trim that we 

inadvertently failed to apply to claims 

for the Hyperbaric Oxygen Therapy APC 

(APC 5061). When an individual claim 

contains 50 or more units on the 

primary code’s line used for ratesetting, 

the OPPS ratesetting programs exclude, 

or trim, these lines from the calculation 

of the geometric mean for an ambulatory 

payment classification (APC). However, 

this trim was inadvertently not included 

in the ratesetting process for two APCs: 

Hyperbaric Oxygen Therapy (APC 5061) 

and Ancillary Outpatient Services When 

Patient Dies (APC 5881). We are 

applying this trim and removing these 

lines where the primary code’s units 

contain 50 or more units for CY 2024 

OPPS ratesetting. The geometric mean 

cost for APC 5061 will change 

significantly as a result of this trim, 

from what was originally $75.61 to 

$135.89, because there is a claim for this 

APC that contained more than 50 units 

on an individual line that was originally 

used in CY 2024 OPPS ratesetting. 

In addition, the change in the 

geometric mean cost for APC 5061 

necessitates changing the OPPS weight 

scalar and OPPS relative payment 

weights to maintain budget neutrality 

for CY 2024, which results in changes 

in OPPS payment rates for items and 

services calculated using the weight 

scalar. 

On page 81578, we are correcting the 

weight scalar to use the updated number 

calculated after correct application of 

the trim. 

On pages 81592, 81593, and 81595, 

we are correcting several figures used in 

the sample calculations of the full 

national unadjusted payment rate, the 

reduced national unadjusted payment 

rate, and the adjusted copayment 

amount for an APC group to use the 


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figures after application of the trim and 

resulting change in the payment rates. 

On page 81669, we are adding 

additional language that we 

inadvertently omitted regarding HCPCS 

codes G2066 (Interrogation device 

evaluation(s), (remote) up to 30 days; 

implantable cardiovascular physiologic 

monitor system, implantable loop 

recorder system, or subcutaneous 

cardiac rhythm monitor system, remote 

data acquisition(s), receipt of 

transmissions and technician review, 

technical support and distribution of 

results), 93297 (Interrogation device 

evaluation(s), (remote) up to 30 days; 

implantable cardiovascular physiologic 

monitor system, including analysis of 1 

or more recorded physiologic 

cardiovascular data elements from all 

internal and external sensors, analysis, 

review(s) and report(s) by a physician or 

other qualified health care professional), 

and 93298 (Interrogation device 

evaluation(s), (remote) up to 30 days; 

subcutaneous cardiac rhythm monitor 

system, including analysis of recorded 

heart rhythm data, analysis, review(s) 

and report(s) by a physician or other 

qualified health care professional). 

Specifically, we are adding language 

that we inadvertently omitted stating 

that the OPPS status indicators for CPT 

codes 93297 and 93298 have been 

revised to indicate that they will be 

separately payable under the OPPS. 

On page 81801, in the table titled 

‘‘Table 95: Skin Substitute Assignments 

to High-Cost and Low-Cost Groups for 

CY 2024’’, we are correcting an 

inadvertent error in the skin substitute 

group assignment for HCPCS code 

Q4282 (Cygnus dual, per square 

centimeter) for CY 2023 and CY 2024. 

HCPCS code Q4282 is assigned to the 

high-cost skin substitute group for those 

years. 

2. Ambulatory Surgical Center (ASC) 

Payment System Corrections 

On pages 81958 and 82162, our 

application of the trim and correction to 

the OPPS weight scalar and OPPS 

relative payment weights, results in a 

change to the OPPS payment rates. The 

revised OPPS payment rates required an 

alteration in our estimate of prospective 

aggregate ASC expenditures, which in 

turn necessitates a correction to the ASC 

weight scalar and ASC relative payment 

weights because the ASC Payment 

System ratesetting methodology utilizes 

the scaled OPPS relative weights. 

Therefore, we are revising our ASC 

weight scalar from 0.8881 to 0.889. 

3. Hospital Outpatient Quality 

Reporting (OQR) Program Corrections 

On page 81971, we are correcting the 

Cataracts Visual Function measure CBE 

number and endorsement date. 

Additionally, we are replacing 

inadvertently included language that 

did not pertain to the Cataracts Visual 

Function measure with the measure 

endorsement removal information. 

On page 81993, in the table titled 

‘‘Table 128: Finalized Hospital OQR 

Program Measure Set for the CY 2026 

Payment Determination,’’ we are adding 

a dagger symbol (‘‘†’’) after the Cataracts 

Visual Function measure name, noting 

that the CBE endorsement for this 

measure was removed. We are also 

adding two double dagger symbols 

(‘‘††’’) both following the COVID–19 

Vaccination Among Health Care 

Personnel (HCP) measure name in Table 

128 and as a table note following the 

table to inform readers that the CBE 

number was assigned to the original 

version of the COVID–19 Vaccination 

Coverage Among HCP measure but not 

the modified version of the measure that 

we finalized in the CY 2024 OPPS/ASC 

final rule with comment period. 

On page 81994, in the table titled 

‘‘Table 129: Finalized Hospital OQR 

Program Measure Set for the CY 2027 

Payment Determination and Subsequent 

Years,’’ we are removing inadvertent 

language related to the HOPD Procedure 

Volume measure—a measure that was 

proposed in the CY 2024 OPPS/ASC 

proposed rule and not finalized after 

consideration of the public comments 

received—in the table and in the 

associated table note following the table. 

We are also adding a dagger symbol 

(‘‘†’’) after the Cataracts Visual Function 

measure name, noting that CBE 

endorsement for this measure was 

removed. We are also adding two 

double dagger symbols (‘‘††’’) both 

following the COVID–19 Vaccination 

Among Health Care Personnel measure 

name in Table 129 and as a table note 

following the table to inform readers 

that the CBE number was assigned to 

the original version of the COVID–19 

Vaccination Coverage Among HCP 

measure but not the modified version of 

the measure that we finalized in the CY 

2024 OPPS/ASC final rule with 

comment period. 

4. Ambulatory Surgical Center Quality 

Reporting Program (ASCQR) Corrections 

On page 82014, we are correcting the 

citation to the CY 2024 OPPS/ASC 

COVID–19 Vaccination Coverage 

Among HCP measure modification 

proposal for the ASCQR Program. 

On page 82031, we are correcting the 

link referenced in footnote 629 and 

updating the footnote citation 

accordingly. 

On page 82037, in the table titled 

‘‘Table 139: Finalized ASCQR Program 

Measure Set for the CY 2024 Reporting 

Period/CY 2026 Payment 

Determination’’, we are correcting the 

CBE number for the COVID–19 

Vaccination Coverage Among HCP 

measure. We also are adding two dagger 

symbols (‘‘††’’) following the corrected 

CBE number for the COVID–19 

Vaccination Among Health Care 

Personnel measure, and a related table 

note following the table associated with 

the two dagger symbols, to inform 

readers that the CBE number was 

assigned to the original version of the 

COVID–19 Vaccination Coverage 

Among HCP measure and not the 

modified version of the measure that we 

finalized in the CY 2024 OPPS/ASC 

final rule with comment period. 

On page 82038, in table titled ‘‘Table 

140: Finalized ASCQR Program Measure 

Set for the CY 2025 Payment 

Determination/CY 2027 Payment 

Determination’’, we are correcting the 

CBE numbers for the COVID–19 

Vaccination Coverage Among HCP, and 

the Risk-Standardized Patient-Reported 

Outcome-Based Performance Measure 

(PRO–PM) Following Elective Primary 

Total Hip Arthroplasty (THA) and/or 

Total Knee Arthroplasty (TKA) in the 

ASC Setting (THA/TKA PRO–PM) 

measures. We also are adding two 

dagger symbols (‘‘††’’) following the 

corrected CBE number for the COVID– 

19 Vaccination Among Health Care 

Personnel measure, and a related table 

note following the table associated with 

the two dagger symbols, to inform 

readers that the CBE number was 

assigned to the original version of the 

COVID–19 Vaccination Coverage 

Among HCP measure and not the 

modified version of the measure that we 

finalized in the CY 2024 OPPS/ASC 

final rule with comment period. 

On page 82142 through 82148, we 

inadvertently neglected to carry over the 

correct number of ASCs that performed 

THA/TKA procedures and the average 

number of paid Medicare FFS claims for 

THA/TKA procedures performed by 

ASCs in CY 2022, reflected in Table 

138, into our burden calculation 

estimates. We are correcting the 

estimates of the number of ASCs that 

will perform THA/TKA procedures and 

the average number of THA/TKA 

procedures that will be performed by 

ASCs for the CY 2025 through 2028 

reporting periods as well as the 

associated burden estimates for those 

same reporting periods. 


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5. Rural Emergency Health Quality 

Reporting Program (REHQR) Corrections 

On page 82072, in the first full 

paragraph, first sentence, we incorrectly 

stated that REHs would be granted the 

opportunity to review their data before 

the information is published during a 

30-day review and corrections period in 

our discussion of the preview period 

policy and public reporting of quality 

data generally. We are making 

corrections to state that REHs would be 

granted the opportunity to preview their 

data before the information is published 

during a 30-day preview period. 

Similarly, in the following sentence, we 

are replacing the current reference to 

‘‘preview process’’ to ‘‘preview period 

policy,’’ to make clear that the policy 

described in this paragraph would align 

with that of the Hospital OQR Program. 

We are also adding inadvertently 

omitted language to finalize our policies 

as proposed related to public reporting 

of quality data generally under the 

REHQR Program and codifying these 

policies at § 419.95(f). 

On page 82073, we are adding 

inadvertently omitted language to 

finalize our policies as proposed related 

to public reporting of REHQR Program 

claims-based measures. 

On page 82074, we are adding 

inadvertently omitted language to 

finalize our policies as proposed related 

to public reporting of the Median Time 

from ED Arrival to ED Departure for 

Discharged ED Patients measure. 

6. Hospital Price Transparency 

Corrections 

On pages 81545, 82081, 82082, 82084, 

82085, 82088, 82097, 82113, and 82120, 

we made grammatical and typographical 

errors. 

On page 81547, we made a technical 

error. Specifically, the summary 

language that we included in the CY 

2024 OPPS/ASC proposed rule was not 

updated to reflect the hospital price 

transparency regulatory impact analysis 

that we included in the CY 2024 OPPS/ 

ASC final rule with comment period. 

On page 82081, we made a technical 

error in our reference to the 

Consolidated Appropriations Act, 2021. 

On pages 82099 and 82118, we 

inadvertently left out the links to 

articles referenced in the footnotes 

which should be included for ease of 

access. 

On page 82171, we made a technical 

error in the link included in footnote 

858 such that it does not direct the 

reader to the article referenced. 

7. Medicare Coverage for Opioid Use 

Disorder Treatment Services Corrections 

Furnished by Opioid Treatment 

Programs Corrections 

On page 81850, in the second full 

sentence in the third column, the 

citations to the CY 2024 Physician Fee 

Schedule (PFS) final rule are incorrect 

and should have instead read 88 FR 

79089 through 79093. In that same 

sentence, the current policy description 

is inaccurate. We are correcting these 

errors by replacing the sentence with 

the following: ‘‘Currently, periodic 

assessments are allowed to be furnished 

via audio-only telecommunication 

through CY 2023, and in the CY 2024 

PFS final rule (88 FR 79089 through 

79093), we finalized that periodic 

assessments may be furnished audioonly through the end of CY 2024, to the 

extent that use of audio-only 

communications technology is 

permitted under the applicable 

SAMHSA and DEA requirements at the 

time the service is furnished, and all 

other applicable requirements are met.’’ 

On pages 81854, 81855 and 82162, we 

are making corrections to the value of 

the payment adjustment for IOP services 

furnished by OTPs due to technical 

corrections to the OPPS weight scalar. 

B. Summary of Errors in and Corrections 

to the OPPS and ASC Addenda Posted 

on the CMS Website 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Addenda 

Summary of Errors 

a. Errors in Addendum A 

Due to the technical correction to 

apply a trim to lines for the primary 

codes for two APCs, Hyperbaric Oxygen 

Therapy (APC 5061) and Ancillary 

Outpatient Services When Patient Dies 

(APC 5881), which remove the resulting 

excluded claims from CY 2024 OPPS 

ratesetting, there is a significant change 

to the geometric mean cost for APC 

5061. As there is a significant change in 

the payment rate for APC 5061, we had 

to slightly reduce the OPPS weight 

scalar and relative payment weights to 

maintain OPPS budget neutrality. This 

change results in a slight reduction in 

payment rates for other OPPS items and 

services calculated using the weight 

scalar. As a result of the technical 

correction to apply the trim and the 

associated adjustment to the weight 

scalar, all payment rates and copayment 

amounts for items and services 

calculated using the weight scalar have 

changed in Addendum A. We note that 

these changes to the OPPS payments 

and copayments are minor. The updated 

file is available online on the CMS 

website at https://www.cms.gov/ 

medicare/payment/prospectivepayment-systems/hospital-outpatient. 

b. Errors in Addendum B 

Due to the technical correction to 

apply the trim to two APCs, Hyperbaric 

Oxygen Therapy (APC 5061) and 

Ancillary Outpatient Services When 

Patient Dies (APC 5881), which remove 

the resulting excluded claims from CY 

2024 OPPS ratesetting, there is a 

significant change to the geometric 

mean cost for APC 5061. As there is a 

significant change in the payment rate 

for APC 5061, we had to slightly reduce 

the OPPS weight scalar and relative 

payment weights to maintain OPPS 

budget neutrality. This change results in 

a slight reduction in payment rates for 

other OPPS items and services 

calculated using the weight scalar. This 

correction will require minor changes to 

most payment and copayment rates in 

Addendum B. The updated file is 

available online on the CMS website at 

https://www.cms.gov/medicare/ 

payment/prospective-payment-systems/ 

hospital-outpatient. 

We inadvertently failed to account for 

the cost of a device that is an integral 

part of the kidney histotripsy procedure 

in our assignment of HCPCS code C9790 

(Histotripsy (i.e., non-thermal ablation 

via acoustic energy delivery) of 

malignant renal tissue, including image 

guidance) to APC 1575, which has 

payment rate of $12,500.50 and a 

minimum unadjusted copayment of 

$2,500.10. We failed to include the cost 

of the device for the kidney histotripsy 

procedure in the payment rate that we 

reported for HCPCS code C9790 in the 

CY 2024 OPPS/ASC final rule. To 

correct this error, we are assigning 

HCPCS code C9790 to the APC with a 

payment rate that includes the device 

cost for the kidney histotripsy 

procedure—APC 1576—with a payment 

rate of $17,500.50 and a minimum 

unadjusted copayment of $3,500.10. 

We incorrectly assigned status 

indicator ‘‘E1’’ to CPT code 90623 

(Meningococcal pentavalent vaccine, 

conjugated Men A, C, W, Y- tetanus 

toxoid carrier, and Men B–FHbp, for 

intramuscular use), meaning the code is 

not covered by Medicare, even though 

the meningococcal vaccine has approval 

from the Food and Drug Administration 

(FDA). We are correcting the error by 

changing the status indicator from ‘‘E1’’ 

to ‘‘M,’’ to indicate that the code is not 

paid under the OPPS. 

We incorrectly assigned HCPCS code 

A9272 (Wound suction, disposable, 

includes dressing, all accessories and 

components, any type, each) status 

indicator ‘‘E1’’ to indicate that the code 


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is not covered by Medicare, even though 

this code is payable under the Home 

Health Prospective Payment System 

(HH PPS) effective January 1, 2024. We 

are correcting this error by changing the 

status indicator from ‘‘E1’’ to ‘‘A’’ to 

indicate that the code is payable under 

a fee schedule or payment system other 

than the OPPS. 

We incorrectly listed HCPCS code 

C7561 (Debridement, bone (includes 

epidermis, dermis, subcutaneous tissue, 

muscle and/or fascia, if performed); first 

20 sq cm or less with manual 

preparation and insertion of drugdelivery device(s), deep (e.g., 

subfascial)) as an active code with an 

OPPS status indicator of ‘‘E1’’ to 

indicate that the code is an ASC-only 

code that is not separately payable 

under the OPPS because the combined 

service, as described by the code, is not 

reasonable and necessary. However, this 

code already exists as HCPCS code 

C7500 (Debridement, bone including 

epidermis, dermis, subcutaneous tissue, 

muscle and/or fascia, if performed, first 

20 sq cm or less with manual 

preparation and insertion of deep (e.g., 

subfacial) drug-delivery device(s)), and 

therefore this service does not require a 

new HCPCS code. Consequently, we are 

deleting HCPCS code C7561 and will 

not be establishing the code for the 

January 2024 update. 

We inadvertently assigned CPT code 

96202 (Multiple-family group behavior 

management/modification training for 

parent(s)/guardian(s)/caregiver(s) of 

patients with a mental or physical 

health diagnosis, administered by 

physician or other qualified health care 

professional (without the patient 

present), face-to-face with multiple sets 

of parent(s)/guardian(s)/caregiver(s); 

initial 60 minutes) a status indicator of 

‘‘E1,’’ which indicates that the code is 

not covered by Medicare, even though 

this code is payable in settings other 

than the outpatient hospital setting. We 

also incorrectly assigned CPT code 

96203 (Multiple-family group behavior 

management/modification training for 

parent(s)/guardian(s)/caregiver(s) of 

patients with a mental or physical 

health diagnosis, administered by 

physician or other qualified health care 

professional (without the patient 

present), face-to-face with multiple sets 

of parent(s)/guardian(s)/caregiver(s); 

each additional 15 minutes (list 

separately in addition to code for 

primary service)) a status indicator of 

‘‘N,’’ which means that a service is 

payable in the OPPS but its cost is 

packaged into an associated primary 

service, because CPT code 96203 is an 

add-on code that is billed with CPT 

code 96202. However, an add-on service 

cannot have a payable status in the 

OPPS when its associated primary 

service has a non-payable status in the 

OPPS. These services are covered 

Medicare services and are assigned 

payable indicators under the Physician 

Fee Schedule (PFS). While these 

services are not payable under OPPS, 

they are payable under the PFS; 

therefore, we are correcting the status 

indicator to ‘‘A.’’ 

c. Errors in Addendum C 

Due to the technical correction to 

apply a trim to two APCs, Hyperbaric 

Oxygen Therapy (APC 5061) and 

Ancillary Outpatient Services When 

Patient Dies (APC 5881) and removing 

the resulting excluded claims from CY 

2024 OPPS ratesetting, there is a 

significant change to the geometric 

mean cost for APC 5061. As there is a 

significant change in the payment rate 

for APC 5061, we had to slightly reduce 

the OPPS weight scalar and relative 

payment weights to maintain OPPS 

budget neutrality. This change results in 

a slight reduction in payment rates for 

other OPPS items and services 

calculated using the weight scalar. This 

correction will require minor changes to 

most payment and copayment rates in 

Addendum C. The updated file is 

available online on the CMS website at 

https://www.cms.gov/medicare/ 

payment/prospective-payment-systems/ 

hospital-outpatient. 

We inadvertently failed to consider 

the cost of a device that is an integral 

part of the kidney histotripsy procedure 

when we assigned HCPCS code C9790 

to APC 1575, which has payment rate of 

$12,500.50 and a minimum unadjusted 

copayment of $2,500.10. We failed to 

include the cost of the device for the 

kidney histotripsy procedure in the 

payment rate that we reported for 

HCPCS code C9790 in the CY 2024 

OPPS/ASC final rule with comment 

period. To correct this error, we are 

assigning HCPCS code C9790 to the 

APC with a payment rate that includes 

the device cost for the kidney 

histotripsy procedure—APC 1576—with 

a payment rate of $17,500.50 and a 

minimum unadjusted copayment of 

$3,500.10. 

d. Errors in Addendum P 

Due to the technical correction to 

apply a trim to lines for the primary 

codes for two APCs, Hyperbaric Oxygen 

Therapy (APC 5061) and Ancillary 

Outpatient Services When Patient Dies 

(APC 5881), which remove the resulting 

excluded claims from CY 2024 OPPS 

ratesetting, there is a significant change 

to the geometric mean cost for APC 

5061. As there is a significant change in 

the payment rate for APC 5061, we had 

to slightly reduce the OPPS weight 

scalar and relative payment weights to 

maintain OPPS budget neutrality. This 

change results in a slight reduction in 

payment rates for other OPPS items and 

services calculated using the weight 

scalar. The device offset amounts 

displayed in Addendum P are 

calculated by multiplying the OPPS 

APC payment rate by a procedure’s 

device offset percentage, and therefore 

the correction to OPPS APC payment 

rates affects the affects the device offset 

amounts for any affected APCs. 

Therefore, we have recalculated the 

device offset amounts for both deviceintensive and non-device-intensive 

procedures in Addendum P. 

To view the corrected CY 2024 OPPS 

status indicators, APC assignments, 

relative weights, payment rates, 

copayment rates, device-intensive 

status, and short descriptors for 

Addenda A, B, C, and P that resulted 

from the technical corrections described 

in this correcting document, we refer 

readers to the Addenda and supporting 

files that are posted on the CMS website 

at: https://www.cms.gov/medicare/ 

payment/prospective-payment-systems/ 

hospital-outpatient/. Select ‘‘CMS– 

1786–CN’’ from the list of regulations. 

All corrected Addenda for this 

correcting document are contained in 

the zipped folder titled ‘‘2024 OPPS 

Final Rule Addenda’’ at the bottom of 

the page for CMS–1786–CN. 

2. Ambulatory Surgical Center (ASC) 

Payment System Addenda Summary of 

Errors 

a. Errors in Addendum AA 

Due to the technical correction to 

apply a trim to lines for the primary 

codes for two APCs, Hyperbaric Oxygen 

Therapy (APC 5061) and Ancillary 

Outpatient Services When Patient Dies 

(APC 5881), which remove the resulting 

excluded claims from CY 2024 OPPS 

ratesetting, there is a significant change 

to the geometric mean cost for APC 

5061. As there is a significant change in 

the payment rate for APC 5061, we had 

to slightly reduce the OPPS weight 

scalar and relative payment weights to 

maintain OPPS budget neutrality. This 

change results in a slight reduction in 

payment rates for other OPPS items and 

services calculated using the weight 

scalar. The correction to apply the trim 

to APC 5061 and the resulting change to 

the OPPS weight scalar, OPPS relative 

payment weights, and OPPS payment 

rates necessitate a revision to the CY 

2024 ASC weight scalar and ASC 

payment rates, which results in changes 

in the columns titled ‘‘Final CY 2024 


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9006 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

Payment Weight’’ and ‘‘Final CY 2024 

Payment Rate’’ in Addendum AA to 

separately paid covered surgical 

procedures that are not paid at the PFSequivalent rate. 

We inadvertently failed to account for 

the cost of a device that is an integral 

part of the kidney histotripsy procedure 

when establishing a payment rate for 

HCPCS code C9790 (Histotripsy (i.e., 

non-thermal ablation via acoustic 

energy delivery) of malignant renal 

tissue, including image guidance), 

which has a payment weight of 

127.0479 and a payment rate of 

$6,798.84. However, we failed to 

include the cost of the device for the 

kidney histotripsy procedure in the 

payment rate that we reported for 

HCPCS code C9790 in the CY 2024 

OPPS/ASC final rule. To correct this 

error, we are replacing the payment 

weight of 127.0479 and the payment 

rate of $6,798.84 with the payment 

weight of 177.8649 and the payment 

rate of $9,527.91, respectively, for 

HCPCS code C9790 in Addendum AA. 

We inadvertently omitted CPT code 

0810T (Subretinal injection of a 

pharmacologic agent, including 

vitrectomy and 1 or more retinotomies) 

from Addendum AA. As we explained 

in pages 81617 through 81618 of the CY 

2024 OPPS/ASC final rule with 

comment period, CPT code 0810T is 

replacing HCPCS code C9770. We are 

correcting this error in Addendum AA 

by adding CPT code 0810T (Subretinal 

injection of a pharmacologic agent, 

including vitrectomy and 1 or more 

retinotomies). 

We inadvertently created HCPCS code 

C7561 (Debridement, bone (includes 

epidermis, dermis, subcutaneous tissue, 

muscle and/or fascia, if performed); first 

20 sq cm or less with manual 

preparation and insertion of drugdelivery device(s), deep (e.g., subfascial) 

to describe the code pair combination of 

CPT code 11044 (Debridement, bone 

(includes epidermis, dermis, 

subcutaneous tissue, muscle and/or 

fascia, if performed); first 20 sq cm or 

less) and CPT code 20700 (Manual 

preparation and insertion of drugdelivery device(s), deep (e.g., subfascial) 

(list separately in addition to code for 

primary procedure). This code pair 

currently exists as HCPCS code C7500 

(Debridement, bone including 

epidermis, dermis, subcutaneous tissue, 

muscle and/or fascia, if performed, first 

20 sq cm or less with manual 

preparation and insertion of deep (e.g., 

subfacial) drug-delivery device(s)). 

Because C7500 already describes this 

code pair, this code pair does not 

require a new HCPCS code. We are 

correcting this error in Addenda AA and 

FF by adding HCPCS code C7500 and 

removing HCPCS code C7561. 

On page 81922 of the CY 2024 OPPS/ 

ASC final rule with comment period, we 

stated we would finalize a deviceintensive assignment with the default 

device offset percentage of 31 percent 

and assign a payment indicator of ‘‘J8’’ 

to HCPCS code C9734 (Focused 

ultrasound ablation/therapeutic 

intervention, other than uterine 

leiomyomata, with magnetic resonance 

(mr) guidance) for CY 2024; however, in 

Addendum AA, we inadvertently 

assigned a payment indicator of ‘‘G2’’ to 

this code. Therefore, in Addendum AA, 

in the column titled ‘‘CY 2024 Payment 

Indicator,’’ we are replacing payment 

indicator ‘‘G2’’ with payment indicator 

‘‘J8’’—Device-intensive procedure; paid 

at adjusted rate—and are revising the 

ASC payment weight and payment rate 

to 152.9811 and $8,186.63, respectively. 

On page 81921 of the CY 2024 OPPS/ 

ASC final rule with comment period, we 

stated we are finalizing our proposed 

device offset amounts for CPT code 

58356, which exceeded our deviceintensive threshold of 30 percent and to 

which we assigned device-intensive 

status and a payment indicator of ‘‘J8’’— 

Device-intensive procedure; paid at 

adjusted rate. However, in Addendum 

AA, we inadvertently assigned a 

payment indicator of ‘‘G2’’ to this code. 

Therefore, in Addendum AA, we are 

correcting the payment indicator in the 

column titled ‘‘CY 2024 Payment 

Indicator’’ to ‘‘J8’’ and are revising the 

payment weight and payment rate to 

62.4392 and $3,341.37, respectively. 

We inadvertently assigned CPT codes 

0266T and 0620T and HCPCS code 

C9790 a discounting status of ‘‘Y’’ (Yes) 

in the column titled ‘‘Subject to 

Multiple Procedure Discounting’’. Our 

multiple procedure discounting logic 

assigns a discounting status of ‘‘N’’ (No) 

to procedures with a status indicator 

‘‘S,’’ which indicates that the procedure 

or service is separately paid and is not 

subject to multiple procedure 

discounting under the OPPS. We 

assigned CPT codes 0266T and 0620T 

and HCPCS code C9790 to status 

indicator ‘‘S’’ in OPPS Addendum B for 

CY 2024, and therefore, these codes 

should have a discounting status of ‘‘N’’ 

based on our multiple procedure 

discounting policy (72 FR 42513 

through 42516). Therefore, we are 

correcting this error by deleting ‘‘Y’’ 

(Yes) and inserting ‘‘N’’ (No) in the 

column titled ‘‘Subject to Multiple 

Procedure Discounting,’’ indicating that 

the procedure is not subject to multiple 

procedure discounting, for CPT codes 

0266T and 0620T and HCPCS code 

C9790. 

b. Errors in Addendum BB 

The correction to apply the trim to 

APC 5061 and the resulting change to 

the OPPS weight scalar and OPPS 

payment rates, necessitate a revision to 

the CY 2024 ASC weight scalar and ASC 

payment rates for certain separately 

paid ancillary procedures that are not 

paid at the PFS-equivalent rate. The 

correction to the ASC weight scalar and 

OPPS payment rates result in changes in 

the columns titled ‘‘Final CY 2024 

Payment Weight’’ and ‘‘Final CY 2024 

Payment Rate’’ in Addendum BB to 

separately paid ancillary procedures 

that are not paid at the PFS-equivalent 

rate. 

We inadvertently assigned payment 

indicator ‘‘J7’’—OPPS pass-through 

device paid separately when provided 

integral to a surgical procedure on ASC 

list; payment contractor-priced—to both 

HCPCS codes C1831 (Interbody cage, 

anterior, lateral or posterior, 

personalized (implantable)) and C1604 

(Graft, transmural transvenous arterial 

bypass (implantable), with all delivery 

system components) as both these 

devices are approved OPPS passthrough devices for CY 2024. However, 

these devices are not separately payable 

under the ASC payment system for CY 

2024. Accordingly, we are correcting 

these errors in Addendum BB by 

deleting ‘‘J7’’ in the column titled ‘‘Final 

CY 2024 Payment Indicator’’ and 

replacing it with ‘‘N1’’—Packaged 

service/item; no separate payment made 

for both HCPCS codes C1831 and 

C1604. 

b. Errors in Addendum FF 

The correction to apply the trim to 

APC 5061 and the resulting change to 

the OPPS weight scalar and OPPS 

payment rates, necessitate a revision to 

the CY 2024 ASC weight scalar, ASC 

relative payment weights, and ASC 

payment rates and the device offset 

amounts/device portions for deviceintensive procedures because device 

offset amounts are held at the OPPS rate 

(i.e., the OPPS payment rate multiplied 

by the device offset percentage) for 

device-intensive procedures. Further, 

the correction to the ASC weight scalar 

necessitates a correction to ASC 

payment rates, which requires a 

correction to the device offset amounts/ 

device portions for non device-intensive 

procedures because the device offset 

amounts are held at the ASC rate (i.e., 

the ASC payment rate multiplied by the 

device offset percentage) for these 

procedures. 

We inadvertently omitted CPT code 

0810T (Subretinal injection of a 

pharmacologic agent, including 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 9007 

vitrectomy and 1 or more retinotomies) 

from Addendum FF. As we explained in 

pages 81617 through 81618 of the CY 

2024 OPPS/ASC final rule with 

comment period, we finalized our 

proposal to delete HCPCS code C9770 

and reassign CPT code 0810T to APC 

1563. We are correcting this error by 

adding CPT code 0810T to Addendum 

FF. 

We inadvertently created HCPCS code 

C7561 (Debridement, bone (includes 

epidermis, dermis, subcutaneous tissue, 

muscle and/or fascia, if performed); first 

20 sq cm or less with manual 

preparation and insertion of drugdelivery device(s), deep (e.g., subfascial) 

to describe the code pair combination of 

CPT code 11044 (Debridement, bone 

(includes epidermis, dermis, 

subcutaneous tissue, muscle and/or 

fascia, if performed); first 20 sq cm or 

less) and CPT code 20700 (Manual 

preparation and insertion of drugdelivery device(s), deep (e.g., subfascial) 

(list separately in addition to code for 

primary procedure). This code pair 

currently exists as HCPCS code C7500 

(Debridement, bone including 

epidermis, dermis, subcutaneous tissue, 

muscle and/or fascia, if performed, first 

20 sq cm or less with manual 

preparation and insertion of deep (e.g., 

subfacial) drug-delivery device(s)). 

Since this code pair currently is already 

reflected in C7500, this code pair does 

not require a new HCPCS code. We are 

correcting this error by deleting HCPCS 

code C7561 and adding HCPCS code 

C7500. 

On page 81922 of the CY 2024 OPPS/ 

ASC final rule with comment period, we 

stated we would finalize a deviceintensive assignment with the default 

device offset percentage of 31 percent to 

HCPCS code C9734 (Focused ultrasound 

ablation/therapeutic intervention, other 

than uterine leiomyomata, with 

magnetic resonance (mr) guidance) for 

CY 2024; however, we inadvertently 

assigned a payment indicator of ‘‘G2’’— 

Non office-based surgical procedure 

added in CY 2008 or later; payment 

based on OPPS relative payment 

weight—to HCPCS code C9734 in 

Addendum FF. Therefore, we are 

correcting the payment indicator in the 

column titled ‘‘Final CY 2024 Payment 

Indicator’’ for C9734 to ‘‘J8’’—deviceintensive procedure; paid at adjusted 

rate. We are also correcting the device 

offset percentage in the column titled 

‘‘Final CY 2024 Device Offset 

Percentage’’ to 31 percent, and the 

device offset amount in the column 

titled ‘‘Final CY 2024 Device Offset 

Amount/Device Portion’’ to $3,701.33. 

We inadvertently provided incorrect 

device offset amounts for CPT codes 

0627T (Percutaneous injection of 

allogeneic cellular and/or tissue-based 

product, intervertebral disc, unilateral 

or bilateral injection, with fluoroscopic 

guidance, lumbar; first level); 0671T 

(Insertion of anterior segment aqueous 

drainage device into the trabecular 

meshwork, without external reservoir, 

and without concomitant cataract 

removal, one or more); 31295 (Nasal/ 

sinus endoscopy, surgical, with dilation 

(e.g., balloon dilation); maxillary sinus 

ostium, transnasal or via canine fossa); 

58356 (Endometrial cryoablation with 

ultrasonic guidance, including 

endometrial curettage, when 

performed); 66989 (Extracapsular 

cataract removal with insertion of 

intraocular lens prosthesis (1-stage 

procedure), manual or mechanical 

technique (e.g., irrigation and aspiration 

or phacoemulsification), complex, 

requiring devices or techniques not 

generally used in routine cataract 

surgery (e.g., iris expansion device, 

suture support for intraocular lens, or 

primary posterior capsulorrhexis) or 

performed on patients in the 

amblyogenic developmental stage; with 

insertion of intraocular (e.g., trabecular 

meshwork, supraciliary, suprachoroidal) 

anterior segment aqueous drainage 

device, without extraocular reservoir, 

internal approach, one or more); and 

66991 (Extracapsular cataract removal 

with insertion of intraocular lens 

prosthesis (1 stage procedure), manual 

or mechanical technique (e.g., irrigation 

and aspiration or phacoemulsification); 

with insertion of intraocular (e.g., 

trabecular meshwork, supraciliary, 

suprachoroidal) anterior segment 

aqueous drainage device, without 

extraocular reservoir, internal approach, 

one or more) and HCPCS codes C9757 

(Laminotomy (hemilaminectomy), with 

decompression of nerve root(s), 

including partial facetectomy, 

foraminotomy and excision of herniated 

intervertebral disc, and repair of annular 

defect with implantation of bone 

anchored annular closure device, 

including annular defect measurement, 

alignment and sizing assessment, and 

image guidance; 1 interspace, lumbar) 

and C9781 (Arthroscopy, shoulder, 

surgical; with implantation of 

subacromial spacer (e.g., balloon), 

includes debridement (e.g., limited or 

extensive), subacromial decompression, 

acromioplasty, and biceps tenodesis 

when performed). 

On page 81921 of the CY 2024 OPPS/ 

ASC final rule with comment period, we 

stated we are finalizing our proposed 

device offset percentages for these codes 

and displayed the final device offset 

percentages in Addendum FF to CY 

2024 OPPS/ASC final rule with 

comment period. However, the device 

offset percentages in the addendum do 

not reflect these finalized device offset 

amounts. Therefore, we are correcting 

the device offset percentage in the 

column titled ‘‘Final CY 2024 Device 

Offset Percentage,’’ and we are 

correcting the device offset amount in 

the column titled ‘‘Final CY 2024 

Device Offset Amount/Device Portion.’’ 

Further, for CPT code 58356, the 

corrected device offset percentage is 

above our device-intensive threshold 

and we are therefore assigning deviceintensive status to CPT code 58356. In 

the column titled ‘‘CY 2024 Payment 

Indicator,’’ for CPT code 58356, we are 

replacing payment indicator ‘‘G2’’ with 

payment indicator ‘‘J8’’—Deviceintensive procedure; paid at adjusted 

rate. 

To view the corrected final CY 2024 

ASC payment indicators, payment 

weights, payment rates, and multiple 

procedure discounting indicators for 

Addenda AA, BB, and FF that resulted 

from these technical corrections, we 

refer readers to the Addenda and 

supporting files on the CMS website at: 

https://www.cms.gov/Medicare/ 

Medicare-Fee-for-Service-Payment/ 

ASCPayment/ASC-Regulations-andNotices.html. Select ‘‘CMS–1786–CN’’ 

from the list of regulations. All 

corrected ASC addenda for this 

correcting document are contained in 

the zipped folder entitled ‘‘Addendum 

AA, BB, and FF’’ at the bottom of the 

page for CMS–1786–CN. 

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 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 


ddrumheller on DSK120RN23PROD with RULES1
9008 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

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 

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 correction 

does not constitute a rule that would be 

subject to the notice and comment or 

delayed effective date requirements. 

This correcting document corrects 

technical and typographical errors in 

the preamble, addenda, payment rates, 

and tables included or referenced in the 

CY 2024 OPPS/ASC final rule with 

comment period but does not make 

substantive changes to the policies or 

payment methodologies that were 

adopted in the CY 2024 OPPS/ASC final 

rule with comment period. As a result, 

this correction is intended to ensure that 

the information in the CY 2024 OPPS/ 

ASC final rule with comment period 

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 with 

comment period 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 payments in as timely a 

manner as possible, and to ensure that 

the CY 2024 OPPS/ASC final rule with 

comment period reflects our policies. 

Furthermore, such procedures would be 

unnecessary, as we are not altering our 

payment methodologies or policies, but 

rather, we are simply correctly 

implementing the policies that we 

previously proposed, requested 

comment on, and subsequently 

finalized. This correcting document is 

intended solely to ensure that the CY 

2024 OPPS/ASC final rule with 

comment period accurately reflects 

these payment methodologies and 

policies. For these reasons, we believe 

we have good cause to waive the notice 

and comment and delayed 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 because it is in the 

public’s interest for providers to receive 

appropriate payments in as timely a 

manner as possible, and to ensure that 

the CY 2024 OPPS/ASC final rule with 

comment period accurately reflects our 

policies. 

IV. Correction of Errors 

In FR Doc. 2023–24293 of November 

22, 2023 (88 FR 81540), we are making 

the following corrections: 

1. On page 81545, third column, first 

partial bulleted paragraph, lines 44 and 

45, the phrase ‘‘(5) a requirement that 

hospitals to include a .txt file’’ is 

corrected to read ‘‘(5) a requirement that 

hospitals include a .txt file’’. 

2. On page 81546, 

a. Second column, last partial 

paragraph, line 12, the figure ‘‘9.2’’ is 

corrected to read ‘‘9.1’’. 

b. Third column, first full paragraph, 

line 4, the figure ‘‘0.0’’ is corrected to 

read ‘‘0.1’’. 

3. On page 81547, first column, the 

paragraph under ‘‘f. Impacts of Hospital 

Price Transparency’’ is corrected in its 

entirety to read, ‘‘The policies we are 

finalizing to enhance automated access 

to hospital MRFs and aggregation and 

use of MRF data are estimated to 

increase burden on hospitals, including 

a one-time mean of $10,587.10 per 

hospital, and a total national cost of 

$75,147,236 ($10,587.10 × 7,098). The 

cost estimate reflects estimated costs 

ranging from $4,833 and $15,881 per 

hospital, and a total national cost 

ranging from $34,305,344 to 

$112,720,854. As discussed in detail in 

section XXVI of this final rule with 

comment period, we believe that the 

benefits to the public (and to hospitals 

themselves) outweigh the burden 

imposed on hospitals.’’. 

4. On page 81578, first column, first 

full paragraph, line 5, the figure 

‘‘1.4429’’ is corrected to read ‘‘1.4414’’. 

5. On page 81592, third column, 

a. Last paragraph under the heading 

‘‘Step 7’’, 

(1) Line 17, the figure ‘‘$671.05’’ is 

corrected to read ‘‘$670.36’’. 

(2) Line 21, the figure $658.03’’is 

corrected to read ‘‘$657.36’’. 

b. Last paragraph, 

(1) Line 3, the figure ‘‘$402.63’’ is 

corrected to read ‘‘$402.22’’. 

(2) Line 4, the figure ‘‘$671.05’’ is 

corrected to read ‘‘$670.36’’. 

(3) Line 6, the figure ‘‘$394.82’’ is 

corrected to read ‘‘$394.42’’. 

(4) Line 7, the figure ‘‘$658.03’’ is 

corrected to read ‘‘$657.36’’. 

6. On page 81593, 

a. First column, second paragraph, 

line 4, the equation ‘‘$546.05 ($402.63 

*1.3562)’’ is corrected to read ‘‘$545.49 

($402.22 * 1.3562)’’. 

b. Second column, 

(1) First partial paragraph, line 1, the 

figures ‘‘$535.45 ($394.82’’ are corrected 

to read ‘‘$534.91 ($394.42’’. 

(2) First full paragraph, 

(a) Line 3, the figure ‘‘$268.42’’ is 

corrected to read ‘‘$268.14’’. 

(b) Line 4, the figure ‘‘$671.05’’ is 

corrected to read ‘‘$670.36’’. 

(c) Line 6, the figure ‘‘$263.21’’ is 

corrected to read ‘‘$262.94’’. 

(d) Line 7, the figure ‘‘$658.03’’ is 

corrected to read ‘‘$657.36’’. 

c. Third column, first full paragraph, 

(1) Line 4, the figures ‘‘$814.47 

($546.05’’ are corrected to read ‘‘$813.63 

($545.49’’. 

(2) Line 5, the figure ‘‘$268.42’’ is 

corrected to read ‘‘$268.14’’. 

(3) Line 7, the figures ‘‘$798.66 

($535.45’’ are corrected to read $797.85 

($534.91’’. 

(4) Line 8, the figure ‘‘$263.21’’ is 

corrected to read ‘‘$262.94’’. 

(d) The table titled ‘‘Table 7: Final 

Full National Unadjusted Payment Rate 

and Final Reduced National Adjusted 

Payment Rate,’’ which appears near the 

top of the page, is corrected to read as 

follows: 

BILLING CODE 4120–01–P 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.005</GPH>

TABLE 7: FINAL FULL NATIONAL UNADJUSTED PAYMENT RATE AND 

FINAL REDUCED NATIONAL UNADJUSTED PAYMENT RATE 

Final Full national unad'usted a ment rate Final Reduced national ad'usted a ment rate 

$813.63 $797.85 
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 9009 

7. On page 81595, third column, 

second full paragraph, 

a. Line 5, the figure ‘‘$134.21’’ is 

corrected to read ‘‘$134.08’’. 

b. Line 8, the figure ‘‘$671.05’’ is 

corrected to read ‘‘$670.36’’. 

8. On page 81669, third column, first 

full paragraph, line 7, before the 

sentence that reads ‘‘In addition, we did 

not receive any comments on our 

proposed APC assignment for CPT code 

93296.’’, add the following paragraph: 

‘‘Additionally, as noted by the 

commenter, CPT codes 93297 and 93298 

have been assigned to direct practice 

inputs under the PFS for 2024. 

However, while not mentioned by the 

commenter, these codes have also been 

designated with a global, technical, and 

professional indicators under the PFS 

for 2024. As stated in the 2024 PFS final 

rule (88 FR 78914), CPT code 93297 and 

93298 were previously billed under 

HCPCS code G2066. We note that under 

the OPPS, HCPCS code G2066 was 

assigned to status indicator ‘‘Q1’’ (STVPackaged Codes) and APC 5741 (Level 

1 Electronic Analysis of Devices). Since 

G2066 was the code previously reported 

for CPT codes 93297 and 93298, we are 

assigning these codes to separately 

payable status under the OPPS for CY 

2024. Specifically, we are assigning CPT 

codes 93297 and 93298 to ‘‘Q1’’ and 

APC 5741 effective January 1, 2024.’’. 

9. On page 81801, in the table titled 

‘‘Table 95: Skin Substitute Assignments 

to High-Cost and Low-Cost Groups for 

CY 2024, in the row for HCPCS code 

Q4282 in the columns titled ‘‘CY 2023 

High/Low Cost Assignment’’ and ‘‘CY 

2024 High/Low Cost Assignment’’ the 

entries ‘‘Low’’ are corrected to read 

‘‘High’’. 

10. On page 81850, third column, first 

partial paragraph, lines 18 through 31, 

that reads ‘‘Currently, periodic 

assessments are allowed to be furnished 

via audio-only telecommunication 

through CY 2023, and finalized in the 

CY 2024 PFS final rule (87 FR 69404; 

November 18, 2023) so that these 

services may be furnished audio-only 

through the end of CY 2024, to the 

extent that use of audio-only 

communications technology is 

permitted under the applicable 

SAMHSA and DEA requirements at the 

time the service is furnished, and all 

other applicable requirements are met.’’ 

are corrected to read ‘‘Currently, 

periodic assessments are allowed to be 

furnished via audio-only 

telecommunication through CY 2023, 

and in the CY 2024 PFS final rule (88 

FR 79089 through 79093), we finalized 

that periodic assessments may be 

furnished audio-only through the end of 

CY 2024, to the extent that use of audioonly communications technology is 

permitted under the applicable 

SAMHSA and DEA requirements at the 

time the service is furnished, and all 

other applicable requirements are met.’’. 

11. On page 81854, second column, 

first partial paragraph, line 30, the figure 

‘‘$778.20’’ is corrected to read 

‘‘$777.39.’’ 

12. On page 81855, second column, 

a. Second full paragraph, 

(1) Line 31, the figure ‘‘$259.40’’ is 

corrected to read ‘‘$259.13’’. 

(2) Line 35, the figure ‘‘$778.20’’ is 

corrected to read ‘‘$777.39’’. 

b. In footnote 188, line 6, the figure 

‘‘$259.40’’ is corrected to read 

‘‘$259.13’’. 

13. On page 81958, 

a. Second column, last partial 

paragraph, line 7, the figure ‘‘0.8881’’ is 

corrected to read ‘‘0.889’’. 

b. Third column, first full paragraph, 

line 8, the figure ‘‘0.8881’’ is corrected 

to read ‘‘0.889’’. 

14. On page 81971, first column, first 

partial paragraph, 

a. Line 20, the figure ‘‘3636’’ is 

corrected to read ‘‘1536’’. 

b. Lines 20 through 21, the text ‘‘July 

26, 2022. The measure steward (CDC) is 

pursuing endorsement for the modified 

version of this measure.’’ is corrected to 

read ‘‘January 31, 2012. This measure’s 

endorsement was removed in 2018.’’. 

15. On page 81993, in the table titled 

‘‘Table 128: Finalized Hospital OQR 

Program Measure Set for the CY 2026 

Payment Determination’’, 

a. Row 9, column 2, the text 

‘‘Cataracts Visual Function (Previously 

referred to as Cataracts: Improvement in 

Patient’s Visual Function within 90 

Days Following Cataract Surgery) **’’ is 

corrected to read ‘‘Cataracts Visual 

Function (Previously referred to as 

Cataracts: Improvement in Patient’s 

Visual Function within 90 Days 

Following Cataract Surgery)†**’’. 

b. Row 18, the text ‘‘COVID–19 

Vaccination Coverage Among Health 

Care Personnel  ’’ is corrected to 

read ‘‘COVID–19 Vaccination Coverage 

Among Health Care Personnel ††** **’’, 

c. Adding the following table note ‘‘†† 

This CBE endorsement number was 

assigned to the original version of the 

COVID–19 Vaccination Coverage 

Among Health Care Personnel measure 

and not the finalized modification of the 

measure we are finalizing in this rule.’’ 

after the first table note (†We note that 

CBE endorsement for this measure was 

removed.) and before the second table 

note ‘‘* In this final rule, we are 

finalizing our proposal to modify the 

Colonoscopy Follow-Up Interval 

measure beginning with the CY 2024 

reporting period/CY 2026 payment 

determination.’’. 

16. On page 81994, the table titled 

‘‘Table 129: Finalized Hospital OQR 

Program Measure Set for the CY 2027 

Payment Determination and Subsequent 

Years’’, is corrected to read as follows: 

BILLING CODE 4120–01–P 


ddrumheller on DSK120RN23PROD with RULES1
9010 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

17. On page 82014, second column, 

first partial paragraph, lines 1 and 2, the 

citation ‘‘(88 FR 49774 through 49776)’’ 

is corrected to read ‘‘(88 FR 49805 

through 49807)’’. 

18. On page 82031, first partial 

footnoted paragraph (footnote 629), 

‘‘Centers for Medicare and Medicaid 

Services Measures Inventory Tool. 

(n.d.). Retrieved March 28, 2023, from 

https://cmit.cms.gov/cmit/#/ 

MeasureView?variantId=

11547§ionNumber=1’’ is corrected 

to read: ‘‘Centers for Medicare and 

Medicaid Services Measures Inventory 

Tool. (n.d.). Retrieved November 30, 

2023, from https://cmit.cms.gov/cmit/#/ 

MeasureView?variantId=

11625§ionNumber=1’’. 

19. On page 82037, in the table titled 

‘‘Table 139: Finalized ASCQR Program 

Measures Set for the CY 2024 Reporting 

Period/CY 2026 Payment 

Determination’’, 

a. The entry for row 14 is corrected to 

read as follows: 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.006</GPH> ER09FE24.007</GPH>

TABLE 129: FINALIZED HOSPITAL OQR PROGRAM MEASURE SET FOR THE 

CY 2027 PAYMENT DETERMINATION AND SUBSEQUENT YEARS 

CBE# Measure Name 

0514 MRI Lumbar Spine for Low Back Paint 

None li\bdomen CT- Use of Contrast Material 

0669 Cardiac Imaging for Preoperative Risk Assessment for Non-Cardiac, Low-Risk Surgery 

0496 Median Time for Discharged ED Patients (Previously referred to as Median Time from ED 

l,\rrival to ED Departure for Discharged ED Patients) 

0499 OC.,eft Without Being Seent 

0661 Head CT or MRI Scan Results for Acute Ischemic Stroke or Hemorrhagic Stroke who Received 

Head CT or MRI Scan Interpretation Within 45 minutes of ED Arrival 

0658 Colonoscopy Follow-Up Interval (Previously referred to as Appropriate Follow-Up Interval for 

Normal Colonoscopy in Average Risk Patients) 

1536 Cataracts Visual Function (Previously referred to as Cataracts: Improvement in Patient's Visual 

[Function within 90 Days Following Cataract Surgery) t* 

2539 [Facility 7-Day Risk-Standardized Hospital Visit Rate after Outpatient Colonoscopy 

3490 Admissions and Emergency Department (ED) Visits for Patients Receiving Outpatient 

Chemotherapy 

2687 Hospital Visits after Hospital Outpatient Surgery 

None OAS CARPS - About Facilities and Staff 

None OAS CARPS - Communication About Procedure 

None OAS CARPS - Preparation for Discharge and Recovery 

None OAS CARPS - Overall Rating of Facility 

None OAS CARPS - Recommendation ofFacilitv 

3636 COVID-19 Vaccination Coverage Among Health Care Personnel tt 

None Breast Cancer Screening Recall Rates 

None ST-Segment Elevation Myocardial Infarction (STEMI) eCQM 

Risk-Standardized Patient-Reported Outcome-Based Performance Measure (PRO-PM) 

None !Following Elective Primary Total Hip Arthroplasty (THA) and/or Total Knee Arthroplasty (HCA) 

in the HOPD Setting (THA/TKA PRO-PM)** 

3663e Excessive Radiation eCQM (Previously referred to as Excessive Radiation Dose or Inadequate 

lrmage Quality for Diae:nostic Computed Tomography (CT) in Adults eCOM)*** 

t We note that CBE endorsement of this measure was removed. 

tt This CBE endorsement number was assigned to the original version of the COVID-19 Vaccination Coverage 

Among Health Care Personnel measure and not the finalized modification of the measure. 

* In the CY 2023 OPPS/ ASC final rule with comment period (87 FR 72097 through 72099), we finalized keeping 

data collection and submission voluntary for this measure for the CY 2025 reporting period and subsequent years. 

* * In this fmal rule, we are fmalizing our proposal to adopt the THA/TKA PRO::PM beginning with the voluntary 

CY 2025 reporting period and with delayed implementation of mandatory reporting beginning 

*** In this fmal rule, we are fmalizing our proposal to adopt the Excessive Radiation eCQM beginning with the 

voluntary CY 2025 reporting period and with delayed implementation of mandatory reporting beginning with the 

CY 2027 reporting period/CY 2029 payment determination. 

ASC # I CBE # jM-easure Name 

* * * * * * * 

ASC-20 I 3636tt lcovm-19 Vaccination Coverage Among Health Care Personnel** 
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 9011 

BILLING CODE 4120–01–C 

b. Add the following table note ‘‘†† 

This CBE endorsement number was 

assigned to the original version of the 

COVID–19 Vaccination Coverage 

Among Health Care Personnel measure 

and not the modification of the measure 

we are finalizing in this rule.’’ after the 

first table note († CBE endorsement was 

removed.) and before the second table 

note (* In the CY 2023 OPPS/ASC final 

rule with comment period (87 FR 72118 

through 72120), we finalized to keep 

data collection and submission 

voluntary for this measure for the CY 

2025 reporting period and subsequent 

years. In this final rule, we are finalizing 

our proposal to standardize the surveys 

offered to patients pre- and post-surgery 

beginning with the CY 2024 reporting 

period/CY 2026 payment 

determination.). 

20. On page 82038, in the table titled 

‘‘Table 140: Finalized ASCQR Program 

Measure Set for the CY 2025 Reporting 

Period/CY 2027 Payment 

Determination’’, 

a. The entries for rows 20 and 21 are 

corrected to read as follows: 

b. Add the following table note ‘‘†† 

This CBE endorsement number was 

assigned to the original version of the 

COVID–19 Vaccination Coverage 

Among Health Care Personnel measure 

and not the modification of the measure 

we are finalizing in this rule.’’ after the 

first table note († CBE endorsement was 

removed.) and before the second table 

note (* In the CY 2023 OPPS/ASC final 

rule with comment period (87 FR 72118 

through 72120), we finalized to keep 

data collection and submission 

voluntary for this measure for the CY 

2025 reporting period and subsequent 

years.). 

21. On page 82072, 

a. First column, first full paragraph, 

(1) Lines 3 and 4, the phrase 

‘‘opportunity to review their data before 

the information is published’’ is 

corrected to read ‘‘opportunity to 

preview their data before the 

information is published’’. 

(2) Lines 5 and 6, the phrase ‘‘30-day 

review and corrections period (the 

preview process).’’ is corrected to read 

‘‘30-day preview period.’’. 

(3) Lines 22 through 24, the language 

‘‘This preview process would align with 

that of the Hospital OQR Program (81 

FR 79791).’’ is corrected to read ‘‘This 

preview period policy would align with 

that of the Hospital OQR Program (81 

FR 79791).’’. 

b. Third column, line 32 at the end of 

the second full paragraph, ending with 

the phrase ‘‘will be collected 

quarterly.’’, add the following 

paragraph: ‘‘After consideration of the 

public comments we received, we are 

finalizing our policies as proposed 

related to public reporting of quality 

data generally under the REHQR 

Program and codifying these policies at 

§ 419.95(f).’’. 

22. On page 82073, first column, line 

2 at the end of the fourth full paragraph, 

ending with ‘‘Response: We thank the 

commenter for their support.’’, add the 

following paragraph: ‘‘After 

consideration of the public comments 

we received, we are finalizing our 

policies as proposed related to public 

reporting of claims-based measure data 

under the REHQR Program.’’. 

23. On page 82074, first column, line 

42 at the end of the first full paragraph, 

ending with ‘‘transfer to more 

appropriate care settings.’’, add the 

following paragraph: ‘‘After 

consideration of the public comments 

we received, we are finalizing our 

policies as proposed related to public 

reporting of the Median Time from ED 

Arrival to ED Departure for Discharged 

ED Patients measure under the REHQR 

Program. Specifically, the following 

measure strata will be made publicly 

available: (1) Overall Rate; (2) Reported 

Measure; (3) Psychiatric/Mental Health 

Patients; and (4) Transfer Patients.’’. 

24. On page 82081, third column, first 

full paragraph, 

a. Lines 32 through 33, the phrase 

‘‘Consolidation Appropriations Act of 

2021’’ is corrected to read 

‘‘Consolidated Appropriations Act, 

2021’’. 

b. Lines 37 and 38, the phrase ‘‘CY 

2024 OPPS/ASC PPS proposed rule’’ is 

corrected to read ‘‘CY 2024 OPPS/ASC 

proposed rule’’. 

25. On page 82082, third column, last 

paragraph, line 35, the phrase ‘‘hospitals 

to include’’ is corrected to read 

‘‘hospitals include’’. 

26. On page 82084, second column, 

under the heading ‘‘2. Requirement That 

Hospitals Affirm the Accuracy and 

Completeness of Their Standard Charge 

Information Displayed in the MRF’’, line 

29, the phrase ‘‘the MRF count not be 

certain’’ is corrected to read ‘‘the MRF 

cannot be certain’’. 

27. On page 82085, first column, 

second full paragraph, lines 34 and 35, 

the phrase ‘‘42 CFR 457.945), finally, a 

hospital’’ is corrected to read ‘‘42 CFR 

457.945). Finally, a hospital’’. 

28. On page 82088, third column, first 

footnoted paragraph (footnote 779), line 

9, the phrase ‘‘identifier779 or 

employer’’ is corrected to read 

‘‘identifier or employer’’. 

29. On page 82097, 

a. Second column, first partial 

paragraph, line 6, the phrase ‘‘hospitals 

provide’’ is corrected to read ‘‘hospitals 

to provide’’. 

b. Third column, first partial 

paragraph, 

(1) Line 9, the phrase ‘‘hospitals 

provide’’ is corrected to read ‘‘hospitals 

to provide’’. 

(2) Line 25, the phrase ‘‘critical the 

allowed amount’’ is corrected to read 

‘‘critical the algorithm’’. 

30. On page 82099, second column, 

first footnoted paragraph (footnote 790), 

add the following link to the end: 

https://jamanetwork.com/journals/ 

jamanetworkopen/fullarticle/2757483. 

31. On page 82113, second column, 

last partial paragraph, line 14, the 

phrase ‘‘a link includen the footer’’ is 

corrected to read ‘‘a link in the footer’’. 

32. On page 82118, third column, first 

footnoted paragraph (footnote 802), add 

the following link to the end: https://upj-gemgem.ubiquityjournal.website/ 

articles/10.5334/egems.200. 

33. On page 82120, first column, first 

full paragraph, line 14, the phrase ‘‘CMS 

publicize when’’ is corrected to read 

‘‘CMS should publicize when’’. 

34. On page 82142, third column, first 

full paragraph, lines 16 through 46, the 

text ‘‘We found that there were 2,381 

THA/TKA ASC claims in CY 2022 with 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.008</GPH>

ASC# CBE # jMeasure Name 

* * * * * * * 

ASC-20 3636tt COVID-19 Vaccination Coverage Among Health Care Personnel 

ASC-21 OClisk-Standardized Patient-Reported Outcome-Based Performance Measure (PRONone PM) Following Elective Primary Total Hip Arthroplasty (THA) and/or Total Knee 

Arthroplasty (TKA) in the ASC Setting (THA/TKA PRO-PM)*** 
9012 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

an average of 58 Medicare claims per 

ASC for 41 ASCs. Thus, we estimate 

that approximately 58 THA/TKA 

procedures will occur in each ASC each 

year, and that many patients could 

complete both the pre-operative and 

post-operative questionnaires. However, 

from our experience with using this 

measure in the Comprehensive Joint 

Replacement model, we are also aware 

that not all patients who complete the 

pre-operative questionnaire will 

complete the postoperative 

questionnaire. For the voluntary CYs 

2025, 2026, and 2027 reporting periods, 

we assume 609 patients will complete 

the survey (58 patients × 0.50 × 21 

ASCs) for a total of 74 hours annually 

(609 respondents × 0.120833 hours) at a 

cost of $1,524 (74 hours × $20.71) across 

all ASCs that perform these procedures. 

Beginning with mandatory reporting in 

the CY 2028 reporting period/CY 2031 

payment determination, we estimate a 

total of 288 hours (2,381 patients × 

0.120833 hours) at a cost of $5,958 (288 

hours × $20.71) across all ASCs 

performing these procedures.’’ is 

corrected to read ‘‘We found that there 

were 881 ASCs which had an average of 

48 THA/TKA paid Medicare FFS claims 

in CY 2022. Thus, we estimate that 

approximately 42,288 THA/TKA 

procedures will occur in ASCs each 

year, and that many patients could 

complete both the pre-operative and 

post-operative questionnaires. However, 

from our experience with using this 

measure in the Comprehensive Joint 

Replacement model, we are also aware 

that not all patients who complete the 

pre-operative questionnaire will 

complete the post-operative 

questionnaire. For the voluntary CYs 

2025 through 2027 reporting periods, 

we assume 10,584 procedures of which 

patients can complete a survey (42,288 

procedures × 0.50 survey completion 

rate × 50 percent ASC participation rate) 

for a total of 1,279 hours annually 

(10,584 possible surveys × 0.120833 

hours per survey) at a cost of $26,486 

(1,279 hours × $20.71) each year. 

Beginning with mandatory reporting in 

the CY 2028 reporting period/CY 2031 

payment determination, we assume 

21,144 procedures of which patients can 

complete a survey (42,288 procedures × 

0.50 survey completion rate × 100 

percent ASC participation rate) for a 

total of 2,555 hours annually (21,144 

possible surveys × 0.120833 hours per 

survey) at a cost of $52,912 (2,555 hours 

× $20.71).’’. 

35. On page 82143, 

a. First column, first partial 

paragraph, 

(1) Lines 18 and 19, the figures ‘‘4 

hours (0.167 hours × 21 ASCs)’’ is 

corrected to read ‘‘74 hours (0.167 hours 

× 441 ASCs)’’. 

(2) Lines 19 and 20, the figures ‘‘$182 

(4 hours × $52.12)’’ is corrected to read 

‘‘$3,831’’ (74 hours × $52.12)’’. 

(3) Line 22, the figure ‘‘7’’ is corrected 

to read ‘‘147’’. 

b. Second column, first partial 

paragraph, 

(1) Line 1, the figures ‘‘(0.33 hours × 

21 ASCs)’’ are corrected to read ‘‘(0.33 

hours × 441 ASCs)’’. 

(2) Line 2, the figures ‘‘$365 (7 hours’’ 

are corrected to read ‘‘$7,662 (147 

hours’’. 

(3) Line 4, the figure ‘‘10’’ is corrected 

to read ‘‘220’’. 

(4) Line 5, the figure ‘‘21’’ is corrected 

to read ‘‘441’’. 

(5) Line 6, the phrase ‘‘41 ASCs)] at 

a cost of $539 (10’’ is corrected to read 

‘‘881 ASCs)] at a cost of $11,484 (220’’. 

(6) Line 9, the figure ‘‘14’’ is corrected 

to read ‘‘294’’. 

(7) Line 10, the phrase ‘‘41 ASCs) at 

a cost of $712 (14’’ is corrected to read 

‘‘881 ASCs) at a cost of $15,306 (294 

hours’’. 

c. Third column, first partial 

paragraph, line 4, the text ‘‘increase of 

302 hours at a cost of $6,670’’ is 

corrected to read ‘‘increase of 2,849 

hours at a cost of $68,218’’. 

d. The table titled ‘‘Table 158: 

‘‘Summary of ASCQ Program 

Information Collection Burden Change 

for the CY 2025 Reporting Period/CY 

2027 Payment Determination’’ is 

corrected to read as follows: 

BILLING CODE 4120–01–P 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.009</GPH>

TABLE 158: SUMMARY OF ASCQR PROGRAM INFORMATION COLLECTION 

BURDEN CHANGE FOR THE CY 2025 REPORTING PERIOD/CY 2027 PAYMENT 

DETERMINATION 

Annual Recordkeeping and Reporting Requirements Under 0MB Control Number 0938-1270 

for the CY 2027 Payment Determination 

Activity Estimated Number Number of Average Annual Finalized Previously Net 

time per reporting ASCs number burden annual finalized difference 

record quarters reporting records (hours) burden annual in annual 

(minutes) per year per ASC per ASC (hours) burden burden 

per across (hours) hours 

quarter ASCs across 

ASCs 

ki\dd 3.625 2 441 24 2.9 1,279 NIA +1,279 

[HA/TKA 

!PRO-PM 

!Measure 

Survey 

K::ompletion) 

Total Change in Information Collection Burden Hours: + 1,279 

Total Cost Estimate: Updated Hourly Wage (Varies) x Change in Burden Hours(+ 1,279) = $26,486 
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 9013 

36. On page 82144, the table titled 

‘‘Table 159: ‘‘Summary of ASCQR 

Program Information Collection Burden 

Change for the CY 2026 Reporting 

Period/CY 2028 Payment 

Determination’’ is corrected to read as 

follows: 

37. On page 82145, the table titled 

‘‘Table 160: ‘‘Summary of ASCQR 

Program Information Collection Burden 

Change for the CY 2027 Reporting 

Period/CY 2029 Payment 

Determination’’ is corrected to read as 

follows: 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.010</GPH>

TABLE 159: SUMMARY OF ASCQR PROGRAM INFORMATION COLLECTION 

BURDEN CHANGE FOR THE CY 2026 REPORTING PERIOD/CY 2028 PAYMENT 

DETERMINATION 

Annual Recordkeeping and Reporting Requirements Under 0MB Control Number 0938-1270 

for the CY 2028 Payment Determinations 

Activity Estimated Number Number of Average Annual Finalized Previously Net 

time per reporting OPPSASCs number burden annual finalized difference 

record quarters reporting records (hours) burden annual in annual 

(minutes) per year per ASC per ASC (hours) burden burden 

per across (hours) hours 

quarter ASCs across 

ASCs 

k'\dd 3.625 2 441 24 2.9 1,279 NIA +1,279 

rrHAITKA 

!PRO-PM 

Measure 

Survey 

(:ompletion) 

ki\dd 10 1 441 1 0.167 74 NIA +74 

rTHAITKA 

[PRO-PM 

Measure 

Data 

Submission) 

Total Change in Information Collection Burden Hours*: +1,353 

Total Cost Estimate: Updated Hourly Wage (Varies) x Change in Burden Hours(+ 1,353) = $30,317 

*Total varies from sum of individual information collections due to rounding 
9014 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

38. On page 82146, the table titled 

‘‘Table 161: ‘‘Summary of ASCQR 

Program Information Collection Burden 

Change for the CY 2028 Reporting 

Period/CY 2030 Payment 

Determination’’ is corrected to read as 

follows: 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.011</GPH>

TABLE 160: SUMMARY OF ASCQR PROGRAM INFORMATION COLLECTION 

BURDEN CHANGE FOR THE CY 2027 REPORTING PERIOD/CY 2029 PAYMENT 

DETERMINATION 

Annual Recordkeeping and Reporting Requirements Under 0MB Control Number 0938-1270 

for the CY 2029 Payment Determination 

Activity Estimated Number Number of Average Annual Finalized Previously Net 

time per reporting OPPSASCs number burden annual finalized difference 

record quarters reporting records (hours) burden annual in annual 

(minutes) per year per ASC per ASC (hours) burden burden 

per across (hours) hours 

quarter ASCs across 

ASCs 

ki\dd 3.625 2 441 24 2.9 1,279 NIA +1,279 

rrHAITKA 

fRO-PM 

Measure 

Survey 

Completion) 

ki\dd 10 2 441 1 0.33 147 NIA +147 

[HA/TKA 

PRO-PM 

Measure 

Data 

Submission) 

Total Change in Information Collection Burden Hours: + 1,426 

Total Cost Estimate: Updated Hourly Wage (Varies) x Change in Burden Hours(+ 1,426) = $34,148 
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 9015 

39. On page 82147, the table titled 

‘‘Table 162: ‘‘Summary of ASCQR 

Program Information Collection Burden 

Change for the CY 2029 Reporting 

Period/CY 2031 Payment 

Determination’’ is corrected to read as 

follows: 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.012</GPH>

TABLE 161: SUMMARY OF ASCQR PROGRAM INFORMATION COLLECTION 

BURDEN CHANGE FOR THE CY 2028 REPORTING PERIOD/CY 2030 PAYMENT 

DETERMINATION 

Annual Recordkeeping and Reporting Requirements Under 0MB Control Number 0938-1270 

for the CY 2030 Payment Determination 

Activity Estimated Number Number of Average Annual Finalized Previously Net 

time per reporting OPPSASCs number burden annual finalized difference 

record quarters reporting records (hours) burden annual in annual 

(minutes) per year per ASC per ASC (hours) burden burden 

per across (hours) hours 

quarter ASCs across 

ASCs 

k'\dd 3.625 2 881 24 2.9 2,555 NIA +2,555 

rrHAITKA 

!PRO-PM 

Measure 

Survey 

(:ompletion) 

ki\dd 10 2 441 1 0.33 147 NIA +147 

rTHAITKA 

[PRO-PM 

Measure 

Data 

Submission) 

Total Change in Information Collection Burden Hours: +2,702 

Total Cost Estimate: Updated Hourly Wage (Varies) x Change in Burden Hours (+2,702) = $60,574 
9016 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

40. On page 82148, the table titled 

‘‘Table 163: ‘‘Summary of ASCQR 

Program Information Collection Burden 

Change for the CY 2030 Reporting 

Period/CY 2032 Payment 

Determination’’ is corrected to read as 

follows: 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.013</GPH>

TABLE 162: SUMMARY OF ASCQR PROGRAM INFORMATION COLLECTION 

BURDEN CHANGE FOR THE CY 2029 REPORTING PERIOD/CY 2031 PAYMENT 

DETERMINATION 

Annual Recordkeeping and Reporting Requirements Under 0MB Control Number 0938-1270 

for the CY 2031 Pavment Determination 

Activity Estimated Number Number of Average Annual Finalized Previously Net 

time per reporting OPPSASCs number burden annual finalized difference 

record quarters reporting records (hours) burden annual in annual 

(minutes) per year per ASC per ASC (hours) burden burden 

per across (hours) hours 

quarter ASCs across 

ASCs 

k'\dd 3.625 2 881 24 2.9 2,555 NIA +2,555 

rrHAITKA 

!PRO-PM 

!Measure 

Survey 

~ompletion) 

k'\dd 10 1 441 1 0.167 74 NIA +74 

['HAITKA 

!PRO-PM 

!Measure 

Voluntary 

!Data 

Submission) 

k'\dd 10 1 881 1 0.167 147 NIA +147 

rrHAITKA 

!PRO-PM 

!Measure 

Mandatory 

!Data 

Submission) 

Total Change in Information Collection Burden Hours*: +2,776 

Total Cost Estimate: Updated Hourly Wage (Varies) x Change in Burden Hours (+2,776) = $64,396 

*Total varies from sum of individual information collections due to rounding 
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 9017 

41. On page 82156, second column, 

first full paragraph, 

a. Line 10, the figure ‘‘0.0’’ is 

corrected to read ‘‘0.1’’. 

b. Line 11, the figure ‘‘0.4’’ is 

corrected to read ‘‘0.5’’. 

42. On page 82157, 

a. First column, second partial 

paragraph, line 8, the figure ‘‘2.8’’ is 

corrected to read with ‘‘3.1’’. 

b. Third column, 

(1) First partial paragraph, line 13, the 

figure ‘‘9.2’’ is corrected to read ‘‘9.1’’. 

(2) First full paragraph, line 10, the 

figure ‘‘10’’ is corrected to read ‘‘9.9’’. 

43. On page 82158, the table titled 

‘‘Table 168: Estimated Impact of the 

Final CY 2024 Changes for the Hospital 

Outpatient Prospective Payment 

System’’ is corrected to read as follows: 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.014</GPH>

TABLE 163: SUMMARY OF ASCQR PROGRAM INFORMATION COLLECTION 

BURDEN CHANGE FOR THE CY 2030 REPORTING PERIOD/CY 2032 PAYMENT 

DETERMINATION 

Annual Recordkeeping and Reporting Requirements Under 0MB Control Number 0938-1270 

for the CY 2032 Payment Determination 

Activity Estimated Number Number of Average Annual Finalized Previously Net 

time per reporting OPPSASCs number burden annual finalized difference 

record quarters reporting records (hours) burden annual in annual 

(minutes) per year per ASC per ASC (hours) burden burden 

per across (hours) hours 

quarter ASCs across 

ASCs 

k'\dd 3.625 2 881 24 2.9 2,555 NIA +2,555 

rrHAITKA 

!PRO-PM 

Measure 

Survey 

(:ompletion) 

ki\dd 10 2 881 1 0.33 294 NIA +294 

rTHAITKA 

[PRO-PM 

Measure 

Data 

Submission) 

Total Change in Information Collection Burden Hours: +2,849 

Total Cost Estimate: Updated Hourly Wage (Varies) x Change in Burden Hours (+2,849) = $68,218 
9018 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 


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TABLE 168: ESTIMATED IMPACT OF THE FINAL CY 2024 CHANGES FOR THE 

HOSPITAL OUTPATIENT PROSPECTIVE PAYMENT SYSTEM 

(1) (2) (3) (4) 

All Budget 

Neutral 

Changes 

(combined 

cols 2 and 

New Wage 3) with 

Number APC Index and Market 

of Recalibration Provider Basket 

Hospitals ( all chane:es) Adjustments Update 

ALL PROVIDERS * 3,611 0.0 0.1 3.2 

ALL HOSPITALS 3,511 0.1 0.2 3.4 

(excludes 

hospitals held 

harmless and 

CMHCs) 

URBAN HOSPITALS 2,801 0.1 0.1 3.2 

LARGE URBAN 1,452 0.0 -0.1 3.0 

(GT 1 MILL.) 

OTHER URBAN 1,349 0.1 0.3 3.4 

(LE 1 MILL.) 

RURAL HOSPITALS 710 0.3 1.2 4.6 

SOLE 

COMMUNITY 373 0.1 1.5 4.8 

OTHERRURAL 337 0.5 0.6 4.3 

BEDS (URBAN) 

0-99BEDS 979 0.1 0.1 3.3 

100-199 BEDS 780 0.5 0.1 3.7 

200-299 BEDS 418 0.3 0.3 3.7 

300-499 BEDS 391 0.2 0.7 4.0 

500 + BEDS 233 -0.5 -0.5 2.1 

BEDS (RURAL) 

0-49 BEDS 347 0.4 0.9 4.4 

50-100 BEDS 207 0.2 2.1 5.4 

101- 149 BEDS 83 0.3 0.7 4.1 

150- 199 BEDS 42 0.4 1.0 4.5 

200 + BEDS 31 0.2 0.5 3.9 

REGION (URBAN) 

NEW ENGLAND 131 -0.3 -2.1 0.7 

(5) 

All 

Chane:es 

3.2 

3.3 

3.2 

3.1 

3.2 

4.2 

4.3 

4.2 

3.1 

3.6 

3.6 

3.8 

2.3 

4.1 

5.0 

3.4 

4.0 

3.9 

0.8 
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 9019 


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I 

(1) (2) (3) (4) (5) 

All Budget 

Neutral 

Changes 

(combined 

cols 2 and 

New Wage 3) with 

Number APC Index and Market 

of Recalibration Provider Basket All 

Hospitals (all changes) Ad_justments Update Changes 

MIDDLE 

ATLANTIC 307 -0.2 0.9 3.8 3.9 

SOUTH 

ATLANTIC 464 0.1 0.1 3.4 3.4 

EAST NORTH 

CENT. 423 0.0 -1.3 1.7 1.8 

EAST SOUTH 

CENT. 163 -0.2 -0.6 2.3 2.3 

WESTNORTH 

CENT. 185 -0.1 -0.1 3.0 1.8 

WEST SOUTH 

CENT. 470 0.6 -0.8 2.9 2.9 

MOUNTAIN 216 0.1 0.3 3.5 3.3 

PACIFIC 392 0.2 2.6 6.0 6.0 

PUERTO RICO 50 1.1 -0.9 3.3 3.2 

REGION <RURAL) 

NEW ENGLAND 19 -0.2 -1.1 1.7 1.9 

MIDDLE 

ATLANTIC 47 -0.2 7.9 11.1 10.9 

SOUTH 

ATLANTIC 106 0.4 0.4 3.9 3.9 

EAST NORTH 

CENT. 112 0.2 0.2 3.5 3.4 

EAST SOUTH 

CENT. 139 0.9 -0.2 3.9 3.8 

WESTNORTH 

CENT. 84 -0.1 1.3 4.4 3.3 

WEST SOUTH 

CENT. 133 1.2 -0.1 4.3 4.2 

MOUNTAIN 46 -0.2 1.6 4.5 2.4 

PACIFIC 24 0.0 4.1 7.3 7.3 

TEACHING STATUS 

NONTEACHING 2,204 0.4 0.5 4.1 3.9 

MINOR 874 0.3 0.4 3.8 3.5 

MAJOR 433 -0.5 -0.4 2.2 2.4 

DSH PATIENT PERCENT 

0 9 -2.4 -1.4 -0.7 1.3 

GT0-0.10 242 -0.1 0.1 3.1 2.9 

0.10-0.16 245 0.4 -0.2 3.4 3.2 

0.16-0.23 545 0.4 0.0 3.5 3.4 

0.23 - 0.35 1,144 0.1 0.1 3.3 3.1 

GE 0.35 878 -0.2 0.5 3.4 3.5 

DSHNOT 

AVAILABLE * * 448 4.0 1.5 8.9 8.9 
9020 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

44. On page 82162, 

a. Second column, first full paragraph, 

line 24, the figure ‘‘$778.20’’ is 

corrected to read ‘‘$777.39’’. 

b. Third column, first partial 

paragraph, line 2, the figure ‘‘$40,466’’ 

is corrected to read ‘‘$40,424’’. 

c. Third column, under ‘‘2. Estimated 

Effects of CY 2024 ASC 

Payment System Changes’’, first 

paragraph, line 10, the figure ‘‘0.8881’’ 

is corrected to read ‘‘0.889’’. 

45. On page 82168, second column, 

first partial paragraph, line 7, the phrase 

‘‘302 hours at a cost of $6,670’’ is 

corrected to read ‘‘2,849 hours at a cost 

of $68,218’’. 

46. On page 82171, third column, in 

footnote 858 the link https://

jamanetwork.com/journals/ 

jamanetworkopen/fullarticle/2800088 is 

corrected to read ‘‘https://

jamanetwork.com/journals/ 

jamanetworkopen/fullarticle/2800083’’. 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–02631 Filed 2–6–24; 4:15 pm] 

BILLING CODE 4120–01–C 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 101 

RIN 0908–AA00 

Health Resources Priorities and 

Allocations System (HRPAS) 

AGENCY: Office of the Secretary, 

Department of Health and Human 

Services. 

ACTION: Final rule. 

SUMMARY: The Department of Health and 

Human Services (HHS) is issuing a final 

rule establishing standards and 


ddrumheller on DSK120RN23PROD with RULES1ER09FE24.017</GPH>

(1) (2) (3) (4) (5) 

All Budget 

Neutral 

Changes 

(combined 

cols 2 and 

New Wage 3) with 

Number APC Index and Market 

of Recalibration Provider Basket All 

Hospitals (all changes) Ad_justments Update Changes 

URBAN TEACHING/DSH 

TEACHING& 

DSH 1,163 -0.1 -0.1 2.9 2.9 

NO 

TEACHING/DSH 1,181 0.4 0.4 3.9 3.8 

NO 

TEACHING/NO 

DSH 9 -2.4 -1.4 -0.7 1.3 

DSHNOT 

AVAILABLE2 448 4.0 1.5 8.9 8.9 

TYPE OF OWNERSHIP 

VOLUNTARY 1 991 0.0 0.2 3.3 3.2 

PROPRIETARY 1,077 1.1 0.5 4.8 4.6 

GOVERNMENT 443 -0.3 -0.1 2.7 2.8 

CMHCs 32 6.6 0.0 9.9 9.1 

Column (1) shows total hospitals and/or CMHCs. 

Column (2) includes all final CY 2024 OPPS policies and compares those to the CY 2023 OPPS. 

Column (3) shows the budget neutral impact of updating the wage index by applying the final FY 2024 hospital inpatient wage index. 

The final rural SCH adjustment would continue our current policy of 7 .1 percent so the budget neutrality factor is 1. The fmal budget 

neutrality adjustment for the cancer hospital adjustment is 1.0005 because the final CY 2024 target payment-to-cost ratio is less than the 

CY 2023 PCR target. 

Column ( 4) shows the impact of all budget neutrality adjustments and the addition of the final 3 .1 percent OPD fee schedule update 

factor (3.3 percent inpatient PPS (IPPS) hospital market basket percentage increase reduced by 0.2 percentage point for the productivity 

adjustment). 

Column (5) shows the additional adjustments to the conversion factor resulting from a change in the pass-through estimate and adding 

estimated outlier payments. Note that previous years included the frontier adjustment in this column, but we have the frontier adjustment 

to Column 3 in this table. 

These 3,611 providers include children and cancer hospitals, which are held harmless to pre-BBA amounts, and CMHCs. 

* * Complete DSH numbers are not available for providers that are not paid under IPPS, including rehabilitation, psychiatric, and longterm care hospitals.