9776 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 29, 2024. 

Edward Messina, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Add § 180.1406 to subpart D to read 

as follows: 

§ 180.1406 U1-AGTX-Ta1b-QA protein; 

exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of U1-AGTX-Ta1b-QA protein in or on 

all food commodities when used in 

accordance with label directions and 

good agricultural practices. 

[FR Doc. 2024–02787 Filed 2–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 410, 411, 414, 415, 

418, 422, 423, 424, 425, 455, 489, 491, 

495, 498, and 600 

[CMS–1784–F2] 

RIN 0938–AV07 

Medicare and Medicaid Programs; CY 

2024 Payment Policies Under the 

Physician Fee Schedule and Other 

Changes to Part B Payment and 

Coverage Policies; Medicare Shared 

Savings Program Requirements; 

Medicare Advantage; Medicare and 

Medicaid Provider and Supplier 

Enrollment Policies; and Basic Health 

Program; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction and 

correcting amendment. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the 

November 16, 2023 issue of the Federal 

Register, entitled ‘‘Medicare and 

Medicaid Programs; CY 2024 Payment 

Policies Under the Physician Fee 

Schedule and Other Changes to Part B 

Payment and Coverage Policies; 

Medicare Shared Savings Program 

Requirements; Medicare Advantage; 

Medicare and Medicaid Provider and 

Supplier Enrollment Policies; and Basic 

Health Program’’ (referred to hereafter as 

the ‘‘CY 2024 PFS final rule’’). The 

effective date was January 1, 2024. 

DATES: This correcting document is 

effective February 12, 2024 and is 

applicable beginning January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

MedicarePhysicianFeeSchedule@

cms.hhs.gov, for any issues not 

identified below. Please indicate the 

specific issue in the subject line of the 

email. 

MedicarePhysicianFeeSchedule@

cms.hhs.gov, for the following issues: 

caregiver training services, community 

health integration services, and 

principal illness navigation services; 

telehealth and other services involving 

communications technology; PFS 

conversion factor; and PFS payment for 

evaluation and management services. 

Sabrina Ahmed, (410) 786–7499, or 

SharedSavingsProgram@cms.hhs.gov, 

for issues related to the Medicare 

Shared Savings Program (Shared 

Savings Program) Quality performance 

standard and quality reporting 

requirements. 

Janae James, (410) 786–0801, or 

SharedSavingsProgram@cms.hhs.gov, 

for issues related to Shared Savings 

Program beneficiary assignment. 

Frank Whelan (410) 786–1302, for 

issues related to Medicare and Medicaid 

Provider and Supplier Enrollment 

Renee O’Neill, (410) 786–8821, 

MIPSEngagementTeam@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2023–24184 of November 

16, 2023, the CY 2024 PFS final rule (88 

FR 78818), there were technical errors 

that are identified and corrected in this 

correcting document. These corrections 

are applicable as if they had been 

included in the CY 2024 PFS final rule, 

which was effective January 1, 2024. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

1. On page 78867, in the table titled 

‘‘TABLE 11: CY 2024 Medicare 

Telehealth Services List’’ which 

continues through page 78871, we 

inadvertently omitted four rows of 

services. 

2. On page 78876, second column, 

fourth full paragraph, line 2, we 

inadvertently omitted qualifying 

language before the reference to 

telehealth services and neglected to 

include a reference to further 

background information. 

3. On page 78918, third column, 

second full paragraph, second sentence, 

we neglected to include a clarifying 

phrase. 

4. On page 78920, first column, first 

full paragraph, we inadvertently omitted 

a clarifying phrase. 

5. On page 78944, first column, first 

full paragraph we inadvertently 

included incorrect language in the final 

code descriptor for HCPCS code G0023. 

6. On page 78949, first column, first 

full paragraph, we made a typographical 

error when finalizing limitations on PIN 

services. 

7. On pages 78956 through 78957 in 

the table titled ‘‘TABLE 14: CY 2024 

Work RVUs for New, Revised, and 

Potentially Misvalued Codes,’’ the code 

descriptor listed for HCPCS code G0019 

inadvertently was not updated to reflect 

the final code descriptors as stated in 

the preamble text. 

8. On pages 78958 through 78959 in 

the table titled ‘‘TABLE 14: CY 2024 

Work RVUs for New, Revised, and 

Potentially Misvalued Codes,’’ the code 

descriptors listed for HCPCS codes 

G0022 and G0023 inadvertently were 

not updated to reflect the final code 

descriptors as stated in the preamble 

text. 

9. On pages 78959 through 78960 in 

the table titled ‘‘TABLE 14: CY 2024 

Work RVUs for New, Revised, and 

Potentially Misvalued Codes,’’ the code 

descriptor listed for HCPCS code G0140 

inadvertently was not updated to reflect 

the final code descriptor as stated in the 

preamble text. 

10. On page 78975, we inadvertently 

omitted a sentence to restate the final 

policy we adopted for the inherent 

complexity add-on code (G2211). 

11. On page 79075, third column, first 

full paragraph, line 19, two G-codes for 

PIN services were inadvertently 

omitted. 

12. On page 79112 in the table titled, 

‘‘TABLE 28: Final APP Reporting 

Requirements and Quality Performance 

Standard for Performance Year 2024 and 

Subsequent Performance Years’’, we 

inadvertently included language 

regarding a MIPS Quality performance 

category score. 

13. On page 79112 in the table titled, 

‘‘TABLE 28: Final APP Reporting 

Requirements and Quality Performance 

Standard for Performance Year 2024 and 

Subsequent Performance Years’’, we 

made a typographical error in 

identifying the APP measure. 

14. On page 79113 in the table titled, 

‘‘TABLE 29: Measures included in the 

APP Measure Set for Performance Year 

2024 and Subsequent Performance 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9777 

Years’’, we made a typographical error 

in identifying the Quality ID#: 321 for 

the Measure Type. We also 

inadvertently included a related 

incorrect footnote. 

15. On page 79121, we inadvertently 

included language referencing Table 30: 

40th Percentile MIPS Quality 

Performance Category Scores Using 

Current and Finalized Methodology. 

16. On page 79121 in the table titled, 

‘‘TABLE 30: 40th Percentile MIPS 

Quality Performance Category Scores 

Using Current and Finalized 

Methodology’’, the last row of the table 

for Performance Year 2022 is incorrect 

due to a formatting error. 

17. On page 79131, we made a 

typographical error in reference to 42 

CFR part 414, subpart O. 

18. On page 79144, we made a 

typographical error in the section 

reference to the Regulatory Impact 

Analysis in the CY 2024 PFS proposed 

rule. 

19. On page 79172, there is an error 

in the description of the definition of 

ACO professional in section 

1899(c)(1)(A) of the Act. 

20. On page 79189, there are 

typographical errors in the references to 

Table numbers in the final rule. 

21. On page 79240, we inadvertently 

included language that referenced 

Tables. 

22. On page 79379, in the table titled 

‘‘TABLE 60: Illustration of Point System 

and Associated Adjustments 

Comparison between the CY 2023 

Performance Period/2025 MIPS 

Payment Year and the CY 2024 

Performance Period/2026 MIPS 

Payment Year’’, we made typographical 

errors in the MIPS Adjustment columns 

for the 2023 and 2024 Performance 

Periods. 

23. On page 79437, in the table titled 

‘‘TABLE 83: Summary of Quality 

Measure Inventory Finalized for the CY 

2024 Performance Period’’, 

a. We made typographical errors in 

the # Measures heading titles. 

b. We made typographical errors in 

the number of eCQM Specifications 

measures finalized for CY 2024. 

24. On page 79467, there are two 

typographical errors in the table titled 

‘‘TABLE 116: Calculation of the CY 

2024 PFS Conversion Factor’’. 

25. On page 79506, there is a 

typographical error in the title of 

‘‘TABLE 131: Description of MIPS 

Eligibility Status for CY 2023 

Performance Period/2025 MIPS 

Payment Year Using CY 2023 PFS Final 

Rule Assumptions’’. 

26. On page 79506, there is a 

typographical error in two footnotes of 

the table titled ‘‘TABLE 131: Description 

of MIPS Eligibility Status for CY 2023 

Performance Period/2025 MIPS 

Payment Year Using CY 2023 PFS Final 

Rule Assumptions’’. 

27. On page 79519, we made a 

typographical error in the reference to 

the MIPS payment year. 

28. On page 79522, in the table titled 

‘‘TABLE 143: Accounting Statement for 

Provisions for Medicare Shared Savings 

Program (CYs 2024–2033)’’, there are 

typographical errors in the references to 

Table numbers. 

B. Summary of Errors in the Regulations 

Text 

1. On page 79538, at 

§ 414.1405(b)(9)(iii), there is a 

typographical error in the reference to 

the MIPS payment year. 

2. On page 79542, third column, lines 

19, 23, and 26 contain typographical 

errors. 

C. Summary of Errors in the Addenda 

1. On page 79939 of APPENDIX 1: 

MIPS QUALITY MEASURES, TABLE 

D.45: One-Time Screening for Hepatitis 

C Virus (HCV) for all Patients includes 

incorrect language to be removed in the 

substantive changes row. 

2. On page 80015 of APPENDIX 3: 

MVP INVENTORY, TABLE B.2: Optimal 

Care for Kidney Health MVP we 

inadvertently omitted language in the 

last paragraph of the Comments and 

Responses section. 

3. On pages 80013, 80016, and 80026 

of APPENDIX 3: MVP INVENTORY, 

corresponding to TABLE B.2: Optimal 

Care for Kidney Health MVP, TABLE 

B.3: Optimal Care for Patients with 

Episodic Neurological Conditions MVP, 

and TABLE B.6: Advancing 

Rheumatology Patient Care MVP, 

respectively, we included an incorrect 

collection type for measure Q130: 

Documentation of Current Medications 

in the Medical Record. 

III. Waiver of Proposed Rulemaking 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (the 

APA), the agency is required to publish 

a notice of the proposed rule 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 rule 

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 APA 

notice and comment, and delay in 

effective date 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, 

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 notice and comment rulemaking 

procedures for good cause if the agency 

makes a finding that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and includes a statement of the 

finding and the reasons for it in the rule. 

In addition, section 553(d)(3) of the 

APA and section 1871(e)(1)(B)(ii) allow 

the agency to avoid the 30-day delay in 

effective date where such delay is 

contrary to the public interest and the 

agency includes in the rule a statement 

of the finding and the reasons for it. 

In our view, this correcting document 

does not constitute a rulemaking that 

would be subject to these requirements. 

This document merely corrects 

technical errors in the CY 2024 PFS 

final rule. The corrections contained in 

this document are consistent with, and 

do not make substantive changes to, the 

policies and payment methodologies 

that were proposed, subject to notice 

and comment procedures, and adopted 

in the CY 2024 PFS final rule. As a 

result, the corrections made through this 

correcting document are intended to 

resolve inadvertent errors so that the 

rule accurately reflects the policies 

adopted in the final rule. Even if this 

were a rulemaking to which the notice 

and comment 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 CY 2024 PFS final 

rule or delaying the effective date of the 

corrections would be contrary to the 

public interest because it is in the 

public interest to ensure that the rule 

accurately reflects our policies as of the 

date they take effect. Further, such 

procedures would be unnecessary 

because we are not making any 

substantive revisions to the final rule, 

but rather, we are simply correcting the 

Federal Register document to reflect the 

policies that we previously proposed, 

received public comment on, and 

subsequently finalized in the final rule. 

For these reasons, we believe there is 

good cause to waive the requirements 

for notice and comment and delay in 

effective date. 


khammond on DSKJM1Z7X2PROD with RULES
9778 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

IV. Correction of Errors 

In FR Doc. 2023–24184 of November 

16, 2023 (88 FR 78818), make the 

following corrections: 

A. Correction of Errors in the Preamble 

1. On page 78867, the table titled 

‘‘TABLE 11: CY 2024 Medicare 

Telehealth Services List’’, the table is 

corrected to insert the following 

additional rows after the row for HCPCS 

code 0373T: 

2. On page 78876, second column, 

fourth full paragraph, 

a. Line 2, the phrase ‘‘telehealth 

services’’ is corrected to read ‘‘DSMT 

and therapy telehealth services’’. 

b. Line 6, the language ‘‘modifier 

‘95.’ ’’ is corrected to read ‘‘modifier 

‘95.’ For further background, we refer 

readers to pgs. 44–45, 80–81 of our FAQ 

available at https://www.cms.gov/files/ 

document/medicare-telehealthfrequently-asked-questions-faqs31720.pdf.’’ 

3. On page 78918, third column, 

second full paragraph, second sentence 

that reads ‘‘If caregivers are trained in a 

group, practitioners would not bill 

individually for each caregiver’’. is 

corrected to read: ‘‘If caregivers for the 

same beneficiary are trained in a group, 

practitioners would not bill individually 

for each caregiver’’. 

4. On page 78920, first column, first 

full paragraph, line 9, that reads ‘‘a 

median group size of five caregivers’’ is 

corrected to read ‘‘a median group size 

of caregivers for five beneficiaries’’. 

5. On page 78944, first column, first 

full paragraph for code G0023, lines 5 

and 6, the phrase ‘‘certified peer 

specialist’’ is deleted. 

6. On page 78949, first column, first 

full paragraph, line 3 that reads 

‘‘services can be provided more than’’ is 

corrected to read ‘‘services cannot be 

provided more than’’. 

7. Beginning on page 78956, in the 

last row and continuing on page 78957, 

in the table titled, ‘‘TABLE 14: CY 2024 

Work RVUs for New, Revised, and 

Potentially Misvalued Codes’’, the entry 

for HCPCS code G0019 is replaced in its 

entirety with the following: 

BILLING CODE P 


khammond on DSKJM1Z7X2PROD with RULESER12FE24.000</GPH>

HCPCS Short Descriptor Audio-Onl1? Category 

0591T Hlth&wb coaching indiv 1st Yes provisional 

0592T Hlth&wb coaching indiv f-up Yes provisional 

0593T Hlth&wb coaching indiv group Yes provisional 

77427 Radiation tx management x5 No provisional 
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9779 

8. Beginning on page 78958, in the 

second and third rows and continuing 

on page 78959, in the table titled, 

‘‘TABLE 14: CY 2024 Work RVUs for 

New, Revised, and Potentially 

Misvalued Codes’’, the entries for 

HCPCS codes G0022 and G0023 are 

replaced in their entirety with the 

following: 


khammond on DSKJM1Z7X2PROD with RULESER12FE24.001</GPH>

Community health integration services performed by certified or 

trained auxiliary personnel, including a community health worker, 

under the direction of a physician or other practitioner; 60 minutes per 

calendar month, in the following activities to address social 

determinants of health (SDOH) need(s) that are significantly limiting 

the ability to diagnose or treat problem(s) addressed in an initiating 

visit: 

• Person-centered assessment, performed to better understand the 

individualized context of the intersection between the SDOH need(s) 

and the problem(s) addressed in the initiating visit. 

++ Conducting a person-centered assessment to understand patient's 

life story, strengths, needs, goals, preferences and desired outcomes, 

including understanding cultural and linguistic factors and including 

unmet SDOH needs (that are not separately billed). 

++ Facilitating patient-driven goalsetting and establishing an action 

plan. 

++ Providing tailored support to the patient as needed to accomplish 

the practitioner's treatment plan. 

• Practitioner, Home-, and Community-Based Care Coordination 

++ Coordinating receipt of needed services from healthcare 

practitioners, providers, and facilities; and from home- and communitybased service providers, social service providers, and caregiver (if 

applicable). 

++ Communication with practitioners, home- and community-based 

service providers, hospitals, and skilled nursing facilities ( or other 

health care facilities) regarding the patient's psychosocial strengths and 

needs, functional deficits, goals, preferences, and desired outcomes, 

including cultural and linguistic factors. 

G0019 ++ Coordination of care transitions between and among health care NEW 1.00 1.00 No 

practitioners and settings, including transitions involving referral to 

other clinicians; follow-up after an emergency department visit; or 

follow-up after discharges from hospitals, skilled nursing facilities or 

other health care facilities. 

++ Facilitating access to community based social services ( e.g., 

housing, utilities, transportation, food assistance) to address the SDOH 

need(s). 

• Health education-Helping the patient contextualize health education 

provided by the patient's treatment team with the patient's individual 

needs, goals, and preferences, in the context of the SDOH need(s), and 

educating the patient on how to best participate in medical decisionmaking. 

• Building patient self-advocacy skills, so that the patient can interact 

with members of the health care team and related community-based 

services addressing the SDOH need(s), in ways that are more likely to 

promote personalized and effective diagnosis or treatment. 

• Health care access/health system navigation 

++ Helping the patient access healthcare, including identifying 

appropriate practitioners or providers for clinical care and helping 

secure appointments with them. 

• Facilitating behavioral change as necessary for meeting diagnosis and 

treatment goals, including promoting patient motivation to participate 

in care and reach person-centered diagnosis or treatment goals. 

• Facilitating and providing social and emotional support to help the 

patient cope with the problem(s) addressed in the initiating visit, the 

SDOH need(s), and adjust daily routines to better meet diagnosis and 

treatment goals. 

• Leveraging lived experience when applicable to provide support, 

mentorship, or inspiration to meet treatment goals. 
9780 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

9. Beginning on page 78959, in the 

last row and continuing on page 78960, 

in the table titled, ‘‘TABLE 14: CY 2024 

Work RVUs for New, Revised, and 

Potentially Misvalued Codes’’, the entry 

for HCPCS code G0140 is replaced in its 

entirety with the following: 


khammond on DSKJM1Z7X2PROD with RULESER12FE24.002</GPH>

G0022 Community health integration services, each additional NEW 0.70 0.70 No 

30 minutes per calendar month (List separately in addition to G0019). 

G0023 Principal Illness Navigation services by certified or trained auxiliary 

personnel under the direction of a physician or other practitioner, 

including a patient navigator; 60 minutes per calendar month, in the 

following activities: 

• Person-centered assessment, performed to better understand the 

individual context of the serious, high-risk condition. 

++ Conducting a person-centered assessment to understand the 

patient's life story, strengths, needs, goals, preferences, and desired 

outcomes, including understanding cultural and linguistic factors and 

including unmet SDOH needs (that are not separately billed). 

++ Facilitating patient-driven goal setting and establishing an action 

plan. 

++ Providing tailored support as needed to accomplish the 

practitioner's treatment plan. 

• Identifying or referring patient (and caregiver or family, if applicable) 

to appropriate supportive services. 

• Practitioner, Home, and Community-Based Care Coordination. 

++ Coordinating receipt of needed services from healthcare 

practitioners, providers, and facilities; home- and community-based 

service providers; and caregiver (if applicable). 

++ Communication with practitioners, home-, and community-based 

service providers, hospitals, and skilled nursing facilities ( or other 

health care facilities) regarding the patient's psychosocial strengths and 

needs, functional deficits, goals, preferences, and desired outcomes, 

including cultural and linguistic factors. 

++ Coordination of care transitions between and among health care 

practitioners and settings, including transitions involving referral to 

other clinicians; follow-up after an emergency department visit; or NEW 1.00 1.00 No follow-up after discharges from hospitals, skilled nursing facilities or 

other health care facilities. 

++ Facilitating access to community-based social services ( e.g., 

housing, utilities, transportation, food assistance) as needed to address 

SDOH need(s). 

• Health education-Helping the patient contextualize health education 

provided by the patient's treatment team with the patient's individual 

needs, goals, preferences, and SDOH need(s), and educating the patient 

( and caregiver if applicable) on how to best participate in medical 

decision-making. 

• Building patient self-advocacy skills, so that the patient can interact 

with members of the health care team and related community-based 

services (as needed), in ways that are more likely to promote 

personalized and effective treatment of their condition. 

• Health care access/health system navigation. 

++ Helping the patient access healthcare, including identifying 

appropriate practitioners or providers for clinical care, and helping 

secure appointments with them. 

++ Providing the patient with information/resources to consider 

participation in clinical trials or clinical research as applicable. 

• Facilitating behavioral change as necessary for meeting diagnosis and 

treatment goals, including promoting patient motivation to participate 

in care and reach person-centered diagnosis or treatment goals. 

• Facilitating and providing social and emotional support to help the 

patient cope with the condition, SDOH need(s), and adjust daily 

routines to better meet diagnosis and treatment goals. 

• Leverage knowledge of the serious, high-risk condition and/or lived 

experience when applicable to provide support, mentorship, or 

inspiration to meet treatment goals. 
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9781 

BILLING CODE C 

10. On page 78975, first column, first 

full paragraph, line 26, the phrase that 

reads ‘‘this policy is implemented.’’ is 

corrected to read, ‘‘this policy is 

implemented. We are finalizing as 

proposed that payment will not be made 

for the inherent complexity add-on code 

(G2211) when billed with an O/O E/M 

service reported with modifier ¥25.’’ 

11. On page 79075, third column, first 

full paragraph, line 19 that reads 

‘‘G0022, G0023, and G0024 

respectively’’ is corrected to read 

‘‘G0022, G0023, G0024, G0140 and 

G0146, respectively.’’ 

12. On page 79112, in the table titled, 

‘‘TABLE 28: Final APP Reporting 

Requirements and Quality Performance 

Standard for Performance Year 2024 and 

Subsequent Performance Years’’, second 

column, third row, second paragraph, 

lines 4 through 6, the phrase that reads 

‘‘and receives a MIPS Quality 

performance category score under 

§ 414.1380(b)(1)’’ is removed. 

13. On page 79112, in the table titled 

‘‘TABLE 28: Final APP Reporting 

Requirements and Quality Performance 

Standard for Performance Year 2024 and 

Subsequent Performance Years’’, second 

column, third row, third paragraph, line 

6, the phrase that reads ‘‘in the APP 

measure would’’ is corrected to read ‘‘in 

the APP measure set would’’. 

14. On page 79113, in the table titled 

‘‘TABLE 29: Measures included in the 

APP Measure Set for Performance Year 

2024 and Subsequent Performance 

Years’’, sixth column, second row, the 

identifier ‘‘PRO–PM *’’ is corrected to 

read ‘‘Patient Engagement/Experience’’. 


khammond on DSKJM1Z7X2PROD with RULESER12FE24.003</GPH>

G0140 Principal Illness Navigation-Peer Support by certified or trained 

auxiliary personnel under the direction of a physician or other 

practitioner, including a certified peer specialist; 60 minutes per 

calendar month, in the following activities: 

• Person-centered interview, performed to better understand the 

individual context of the serious, high-risk condition. 

++ Conducting a person-centered interview to understand the patient's 

life story, strengths, needs, goals, preferences, and desired outcomes, 

including understanding cultural and linguistic factors, and including 

unmet SDOH needs (that are not billed separately). 

++ Facilitating patient-driven goal setting and establishing an action 

plan. 

++ Providing tailored support as needed to accomplish the personcentered goals in the practitioner's treatment plan. 

• Identifying or referring patient ( and caregiver or family, if applicable) 

to appropriate supportive services. 

• Practitioner, Home, and Community-Based Care Communication 

++ Assist the patient in communicating with their practitioners, home-, 

and community-based service providers, hospitals, and skilled nursing 

facilities ( or other health care facilities) regarding the patient's 

psychosocial strengths and needs, goals, preferences, and desired NEW 1.00 1.00 No outcomes, including cultural and linguistic factors. 

++ Facilitating access to community-based social services ( e.g., 

housing, utilities, transportation, food assistance) as needed to address 

SDOH need(s). 

• Health education-Helping the patient contextualize health education 

provided by the patient's treatment team with the patient's individual 

needs, goals, preferences, and SDOH need(s), and educating the patient 

( and caregiver if applicable) on how to best participate in medical 

decision-making. 

• Building patient self-advocacy skills, so that the patient can interact 

with members of the health care team and related community-based 

services (as needed), in ways that are more likely to promote 

personalized and effective treatment of their condition. 

• Developing and proposing strategies to help meet person-centered 

treatment goals and supporting the patient in using chosen strategies to 

reach person-centered treatment goals. 

• Facilitating and providing social and emotional support to help the 

patient cope with the condition, SDOH need(s), and adjust daily 

routines to better meet person-centered diagnosis and treatment goals. 

• Leverage knowledge of the serious, high-risk condition and/or lived 

experience when applicable to provide support, mentorship, or 

inspiration to meet treatment goals. 
9782 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

The related footnote ‘‘* Patient-reported 

outcome-based performance measure 

(PRO–PM) is a performance measure 

that is based on patient-reported 

outcome measure (PROM) data 

aggregated for an accountable healthcare 

entity.’’ is removed. 

15. On page 79121, third column, 

lines 4 through 6, the sentence that 

reads ‘‘We note that Table 30 is same as 

Table 29 that was included in the CY 

2024 PFS proposed rule (88 FR 52432).’’ 

is removed. 

16. On page 79121, in the table titled 

‘‘TABLE 30: 40th Percentile MIPS 

Quality Performance Category Scores 

Using Current and Finalized 

Methodology’’, that reads: 

is corrected to read: 

17. On page 79131, second column, 

second full paragraph, first bullet, line 

5 that reads ‘‘subpart Oat the individual, 

group,’’ is corrected to read ‘‘subpart O 

at the individual, group,’’. 

18. On page 79144, third column, line 

23, the reference that reads ‘‘section 

VI.E.’’ is corrected to read ‘‘section 

VII.E.’’. 

19. On page 79172, third column, 

second full paragraph, lines 10 through 

14, that reads ‘‘furnished by an ACO 

professional who is a physician (as 

defined in section 1861(r)(1)) of the 

Act), or a practitioner that is a PA, NP, 

CNS (as defined in section 

1842(b)(18)(C)(i) of the Act).’’ is 

corrected to read ‘‘furnished by an ACO 

professional who is a physician.’’ 

20. On page 79189: 

a. The third column, first full 

paragraph, line 1 the phrase that reads 

‘‘Tables 41 and 42’’ is corrected to read 

‘‘Tables 42 and 43’’. 

b. The third column, first full 

paragraph, line 8, the phrase that reads 

‘‘Tables 39 and 40’’ is corrected to read 

‘‘Tables 40 and 41’’. 

21. On page 79240, the first column, 

first paragraph, lines 8 and 9 the phrase 

that reads ‘‘as displayed in Tables 46A 

and 46B’’ is deleted. 

22. On page 79379, in the table titled 

‘‘TABLE 60: Illustration of Point System 

and Associated Adjustments 

Comparison between the CY 2023 

Performance Period/2025 MIPS 

Payment Year and the CY 2024 

Performance Period/2026 MIPS 

Payment Year’’: 

a. Second column, fourth row, line 3 

that reads ‘‘sliding scale ranges from 0 

to 9% for scores from 75.00 to 100.00’’ 

is corrected to read ‘‘sliding scale ranges 

from greater than 0% to 9% for scores 

from 75.01 to 100.00.’’; and 

b. Fourth column, fourth row, line 3 

that reads ‘‘linear sliding scale ranges 

from 0 to 9% for scores from 86.00 to 

100.00’’ is corrected to read ‘‘linear 

sliding scale ranges from greater than 

0% to 9% for scores from 75.01 to 

100.00.’’. 

23. On page 79437, in the table titled 

‘‘TABLE 83: Summary of Quality 

Measure Inventory Finalized for the CY 

2024 Performance Period’’, fifth column, 

row 4, that reads: 


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TABLE 30: 40th Percentile MIPS Quality Performance Category Scores Using Current 

and Finalized Methodoloev 

Performance Year Actual 40th percentile MIPS Quality 40th percentile 

performance category score* MIPS Quality 

performance 

category score 

using historical 

methodology 

2018 70.80* -- 2019 70.82* -- 2020 75.59* -- 2021 77.83* -- 2022 I 77.73/\ 72.40 (estimated for illustrative purposes)** 

TABLE 30: 40th Percentile MIPS Quality Performance Category Scores Using 

Current and Finalized Methodoloev 

Performance Year Actual 40th percentile MIPS Quality 40th percentile MIPS 

performance category score* Quality performance 

category score using 

historical methodology 

2018 70.80* -- 2019 70.82* -- 2020 75.59* -- 2021 77.83* -- 2022 77.73/\ 72.40 ( estimated for 

illustrative purposes) * * 
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9783 

is corrected to read: 

24. On page 79467, in the table titled 

‘‘TABLE 116: Calculation of the CY 

2024 PFS Conversion Factor’’, that 

reads: 

is corrected to read: 

25. On page 79506, in the table titled 

‘‘TABLE 131: Description of MIPS 

Eligibility Status for CY 2023 

Performance Period/2025 MIPS 

Payment Year Using CY 2023 PFS Final 

Rule Assumptions’’, the title of the table 

is corrected to read ‘‘TABLE 131: 

Description of MIPS Eligibility Status 

for CY 2024 Performance Period/2026 

MIPS Payment Year Using CY 2023 PFS 

Final Rule Assumptions’’. 

26. On page 79506, in the table titled 

‘‘TABLE 131: Description of MIPS 

Eligibility Status for CY 2023 

Performance Period/2025 MIPS 

Payment Year Using CY 2023 PFS Final 

Rule Assumptions’’, the first and second 

footnotes which read: 

‘‘* Participation excludes facility-based 

clinicians who do not have scores in the 2021 

MIPS submission data. 

** Allowed charges estimated in 2021 

dollars. Low-volume threshold is calculated 

using allowed charges. MIPS payment 

adjustments are applied to the paid amount.’’ 

are corrected to read: 

‘‘* Participation excludes facility-based 

clinicians who do not have scores in 2022 

MIPS submission data. 

** Allowed charges estimated in 2022 

dollars. Low-volume threshold is calculated 

using allowed charges. MIPS payment 

adjustments are applied to the paid amount.’’ 

27. On page 79519, third column, first 

full paragraph, line 7, the phrase that 

reads ‘‘2025 MIPS payment year.’’ is 

corrected to read ‘‘2026 MIPS payment 

year.’’ 

28. On page 79522, in the table titled 

‘‘TABLE 143: Accounting Statement for 

Provisions for Medicare Shared Savings 

Program (CYs 2024–2033)’’, fifth 

column, third and fourth full rows, the 

phrase that reads ‘‘Tables 120 through 

123’’ is corrected to read ‘‘Tables 123 

through 126’’. 

B. Correction of Errors in the Addenda 

29. On page 79939 of APPENDIX 1: 

MIPS QUALITY MEASURES, TABLE 

D.45: One-Time Screening for Hepatitis 

C Virus (HCV) for all Patients, row 6, 

Substantive Change: in the section 

titled: 

Updated denominator: Updated: 

THERE ARE TWO SUBMISSION 

CRITERIA FOR THIS MEASURE: 

First full paragraph, lines 6 through 8 

that read: ‘‘For accountability reporting 

in the CMS MIPS program, the rate for 

submission criteria 2 is used for 

performance, however, both 

performance rates must be submitted.’’ 

is to be removed. 

30. On page 80015 of APPENDIX 3: 

MVP INVENTORY, TABLE B.2: Optimal 

Care for Kidney Health MVP language in 

the last paragraph of the Comments and 

Responses section should read: ‘‘After 

consideration of public comments, we 

are finalizing the Optimal Care for 

Kidney Health MVP with modifications 

in Table B.2 for the CY 2024 

performance period/2026 MIPS 

payment year and future years.’’ 


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# Measures as # Measures for #Measures #Measures 

Collection Type New Removal* with a Substantive for 

Change* CY2024* 

eCQM Specifications 0 -3 26 44 

# Measures #Measures # Measures #Measures Finalized with a Collection Type Finalized as Finalized for Substantive Finalized for 

New Removal* Chan2:e* CY2024* 

eCQM Specifications 0 -3 26 46 

CY 2023 Conversion Factor 33.8872 

Conversion Factor without the CAA, 2023 (2.5 Percent 33.0607 

Increase for CY 2023) 

CY 2024 RVU Budget Neutrality Adiustment -2.20 percent (0.9780) 

CY 2024 1.25 Percent Increase Provided by the CAA, 2023 1.25 percent (1.0125) 

CY 2024 Conversion Factor 32.7375 

CY 2023 Conversion Factor 33.8872 

Conversion Factor without the CAA, 2023 (2.5 Percent 33.0607 

Increase for CY 2023) 

CY 2024 RVU Budget Neutrality Adjustment -2.18 percent (0.9782) 

CY 2024 1.25 Percent Increase Provided by the CAA, 2023 1.25 percent (1.0125) 

CY 2024 Conversion Factor 32.7442 
9784 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

31. On pages 80013, 80016, and 80026 

of APPENDIX 3: MVP INVENTORY, 

corresponding to TABLE B.2: Optimal 

Care for Kidney Health MVP, TABLE 

B.3: Optimal Care for Patients with 

Episodic Neurological Conditions MVP, 

and TABLE B.6: Advancing 

Rheumatology Patient Care MVP, 

respectively, the Collection Type for 

measure Q130 is corrected by removing 

‘‘Medicare Part B Claims Measure 

Specifications’’ and reads ‘‘eCQM 

Specifications, MIPS CQMs 

Specifications)’’. 

List of Subjects 

42 CFR Part 414 

Administrative practice and 

procedure, Biologics, Diseases, Drugs, 

Health facilities, Health professions, 

Medicare, Reporting and recordkeeping 

requirements. 

42 CFR 424 

Emergency medical services, Health 

facilities, Health professions, Medicare, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, CMS corrects 42 CFR parts 

414 and 424 by making the following 

correcting amendments: 

PART 414—PAYMENT FOR PART B 

MEDICAL AND OTHER HEALTH 

SERVICES 

■ 1. The authority citation for part 414 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1395hh, and 

1395rr(b)(1). 

§ 414.1405 [Amended] 

■ 2. Amend § 414.1405 in paragraph 

(b)(9)(iii) by removing the phrase ‘‘2025 

MIPS payment year’’ and adding in its 

place the phrase ‘‘2026 MIPS payment 

year’’. 

PART 424—CONDITIONS FOR 

MEDICARE PAYMENT 

■ 3. The authority citation for part 424 

continues to read as follows: 

Authority: 42 U.S.C. 1302 and 1395hh. 

■ 4. Amend § 424.541 by— 

■ a. Removing paragraphs (a)(2)(ii)(B)(3) 

through (5); and 

■ b. Adding paragraphs (a)(3) through 

(5). 

The additions read as follows: 

§ 424.541 Stay of enrollment. 

(a) * * * 

(3) A stay of enrollment lasts no 

longer than 60 days from the postmark 

date of the notification letter, which is 

the effective date of the stay. 

(4) CMS notifies the affected provider 

or supplier in writing of the imposition 

of the stay. 

(5) A stay of enrollment ends on the 

date on which CMS or its contractor 

determines that the provider or supplier 

has resumed compliance with all 

Medicare enrollment requirements in 

Title 42 or the day after the 60-day stay 

period expires, whichever occurs first. 

* * * * * 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–02705 Filed 2–8–24; 4:15 pm] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 170 

Health Information Technology 

Standards, Implementation 

Specifications, and Certification 

Criteria and Certification Programs for 

Health Information Technology 

CFR Correction 

This rule is being published by the 

Office of the Federal Register to correct 

an editorial or technical error that 

appeared in the most recent annual 

revision of the Code of Federal 

Regulations. 

In Title 45 of the Code of Federal 

Regulations, Parts 140 to 199, revised as 

of October 1, 2023, amend section 

170.580 by reinstating paragraph 

(a)(3)(ii) to read as follows: 

§ 170.580 ONC review of certified health IT. 

* * * * * 

(a) * * * 

(3) * * * 

(ii) ONC may assert exclusive review 

of certified health IT as to any matters 

under review by ONC and any similar 

matters under surveillance by an ONC– 

ACB. 

* * * * * 

[FR Doc. 2024–02940 Filed 2–9–24; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Chapter III 

RIN 0970–AC99 

Elimination of the Tribal Non-Federal 

Share Requirement 

AGENCY: Office of Child Support 

Services (OCSS), Administration for 

Children and Families (ACF), 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: OCSS eliminates the nonFederal share of program expenditures 

requirement for Tribal child support 

programs, including the 90/10 and 80/ 

20 cost sharing rates. Based upon the 

experiences of and consultations with 

Tribes and Tribal organizations, we 

have determined that the non-Federal 

share requirement limits growth, causes 

disruptions, and creates instability. 

DATES: This rule is effective October 1, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Janice McDaniel, Program Specialist, 

Division of Policy and Training, OCSS, 

telephone (202) 969–3874. Email 

inquiries to ocss.dpt@acf.hhs.gov. 

Telecommunications Relay users may 

dial 711 first. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

This final rule is published in 

accordance with section 455(f) of the 

Social Security Act (the Act) (42 U.S.C. 

655(f)). Section 455(f) of the Act 

requires the Secretary to issue 

regulations governing the grants to 

Tribes and Tribal organizations 

operating child support programs. 

This final rule is also published under 

the authority granted to the Secretary of 

Health and Human Services by section 

1102 of the Act (42 U.S.C. 1302). 

Section 1102 of the Act authorizes the 

Secretary to publish regulations, not 

inconsistent with the Act, as may be 

necessary for the efficient 

administration of the functions with 

which the Secretary is responsible 

under the Act. 

II. Public Consultation 

Since the inception of the Tribal child 

support program, OCSS has conducted 

numerous face-to-face and virtual Tribal 

Consultations and listening sessions to 

discuss the longstanding issue of the 

non-Federal share requirement and the 

cost sharing rates. 


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