[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79764-79767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22495]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 418

[CMS-1810-CN]
RIN 0938-AV29


Medicare Program; FY 2025 Hospice Wage Index and Payment Rate 
Update, Hospice Conditions of Participation Updates, and Hospice 
Quality Reporting Program Requirements; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects technical and typographical errors in 
the final rule that appeared in the August 6, 2024 Federal Register 
titled ``Medicare Program; FY 2025 Hospice Wage Index and Payment Rate 
Update, Hospice Conditions of Participation Updates, and Hospice 
Quality Reporting Program Requirements''.

DATES: This correction is effective on October 1, 2024.

FOR FURTHER INFORMATION CONTACT: 
    For questions regarding the hospice wage index, contact Chantelle 
Caldwell, (410) 786-8743.
    For general questions about hospice payment policy, contact the 
hospice mailbox at: <a href="/cdn-cgi/l/email-protection#0961667a79606a6c796665606a70496a647a2761617a276e667f"><span class="__cf_email__" data-cfemail="650d0a16150c0600150a090c061c250608164b0d0d164b020a13">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2024-16910 of August 6, 2024 (89 FR 64202), there were a 
number of technical and typographical errors that are identified and 
corrected in this correcting document. The provisions in this 
correction document are effective as if they had been included in the 
final rule that appeared in the August 6, 2024 Federal Register. 
Accordingly, the corrections are effective October 1, 2024.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 64207, we made a typographical error in the reported core-
based statistical area (CBSA) name and wage index value for CBSA 25980, 
Hinesville, Georgia. We reported the CBSA name as Hinesville-Fort 
Stewart, Georgia instead of Hinesville, Georgia, and the FY 2025 
hospice wage index value as 0.8872, instead of 0.8886.
    On page 64210, in Table 3, titled ``Urban Counties that Would 
Change to Rural Status'', we inadvertently omitted FIPS county 09015 
Windham County from the list of counties that were previously urban but 
would gain rural status beginning in FY 2025. Table 3 contains the FIPS 
codes, county name, current CBSA number and name of the counties that 
will gain rural status in FY 2025. Windham County was previously 
designated in CBSA 49340 Worchester, MA-CT. However, beginning in FY 
2025 this county is redesignated into rural Connecticut (rural area 
99907). Accordingly, we are adding FIPS 09015 Windham County to the 
list of counties that will gain rural status beginning in FY 2025. We 
also reported a total of 53 counties and county equivalents that are 
currently considered urban that would be considered rural beginning in 
FY 2025. Therefore, with the addition of Windham County to the list, we 
are correcting that number to 54 counties and county equivalents.
    Windham County is also experiencing a change to its county name 
beginning in FY 2025, as described in the FY 2025 hospice final rule 
(89 FR 64209) and will transition from FIPS county 09015 Windham County 
to 09150 Northeastern Connecticut planning region.
    On page 64222, in Table 8, titled ``Counties That Will Use a Wage 
Index Transition Code'', we inadvertently omitted FIPS county 09150 
``Northeastern Connecticut Planning Region'' from the list of counties 
that will use a transition code on hospice claims for FY 2025 instead 
of the CBSA number. Table 8 contains the FIPS codes, county name, 
current CBSA number and name, the redesignated FY 2025 CBSA number and 
name and the corresponding ``500XX'' transition code that must be 
submitted on hospice claims for FY 2025 to ensure that hospice 
providers who provide services in certain counties receive that 
county's appropriate wage index value. The omission of the Northeastern 
planning region from Table 8 and the subsequent unassigned transition 
code for that region resulted in two wage index values being assigned 
to statewide rural area 99907 in the FY 2025 hospice final wage index 
file located at: https://www.cms.gov/medicare/payment/fee-for-service-providers/hospice/hospice-wage-index. However, for hospice claims 
processing, each CBSA or statewide rural area can have only one wage 
index value assigned to that CBSA or statewide rural area. Therefore, 
hospices that serve beneficiaries in the Northeastern Connecticut 
planning region must use transition code 50030, instead of the rural 
statewide code 99907, on hospice claims beginning in FY 2025. 
Accordingly, we are adding FIPS county 09150 ``Northeastern Connecticut 
Planning Region'' to the list of counties in Table 8 that will use a 
transition code on hospice claims for FY 2025 instead of the CBSA 
number.
    This correction does not represent a change in policy and is 
consistent with the finalized transition policy outlined in the FY 2025 
Hospice final rule (89 FR 64220-64224), where beginning in FY 2025, 
certain counties must use a 500XX transition code on hospice claims 
instead of the statewide rural area or CBSA code in circumstances where 
a county was redesignated into a new CBSA or rural area and has a 
different wage index than the constituent counties that make up that 
CBSA or rural area due to the calculation of the 5-percent cap.
    On page 64239, we made a typographical error. We inadvertently 
included the word ``Proposed'' in the title of Section III.D.2, which 
therefore incorrectly read: ``Implementation of Two Process Quality 
Measures Based on Proposed HOPE Data Collection''. As HOPE is finalized 
as of the FY 2025 final rule, it should not be referred to as 
``proposed''. Therefore, the title of this Section III.D.2 is corrected 
to read: ``Implementation of Two Process Quality Measures Based on HOPE 
Data Collection.''
    On page 64240, we made a typographical error in the sentence ``CMS 
maintains to avoid creating unnecessary burden for hospice providers.'' 
The sentence is corrected to read: ``CMS maintains its commitment to 
avoid creating unnecessary burden for hospice providers.''
    On page 64242, we made a typographical error in the sentence 
``Theses (SFVs) may be performed by RNs or LPNs/LVNs.'' The sentence is 
corrected to read: ``These SFVs may be performed by RNs or LPNs/LVNs.''
    On page 64244, under the undesignated heading ``Public Availability 
of Data Submitted'', we made two typographical errors. We stated the 
following: ``We are finalizing the decision that the data from the 
first quarter Q4 CY 2025, if HOPE data

[[Page 79765]]

collection begins in October 2025, it will not be used for assessing 
validity and reliability of the quality measures.'' This sentence is 
corrected to read: ``We are finalizing the decision that the data from 
the first quarter--Q4 CY 2025, if HOPE data collection begins in 
October 2025--will not be used for assessing validity and reliability 
of the quality measures.''
    We also inadvertently used the word ``proposed'' in our discussion 
of HOPE-based quality measures. HOPE-based quality measures are 
finalized as of the FY 2025 final rule; therefore, they should not be 
referred to as ``proposed''. The sentence incorrectly read: ``In light 
of all the steps required prior to data being publicly reported, we 
finalize the decision that public reporting of the proposed quality 
measures will be implemented no earlier than FY 2028, allowing ample 
time for data analysis, review of measures' appropriateness for use for 
public reporting, and allowing hospices the required time to review 
their own data prior to public reporting.''
    As HOPE-based quality measures are finalized as of the FY 2025 
final rule; they should not be referred to as ``proposed''. Therefore, 
this sentence is corrected to read: ``In light of all the steps 
required prior to data being publicly reported, we finalize the 
decision that public reporting of the HOPE-based quality measures will 
be implemented no earlier than FY 2028, allowing ample time for data 
analysis, review of measures' appropriateness for use for public 
reporting, and allowing hospices the required time to review their own 
data prior to public reporting.''
    On page 64260, we made a typographical error inadvertently stating 
that under the Paperwork Reduction Act of 1995, we are required to 
provide ``60-day notice'' in the Federal Register and solicit public 
comment before a collection of information requirement is submitted to 
the Office of Management and Budget (OMB) for review and approval. 
Instead, we are required to provide a ``30-day notice.''
    In addition, on page 64260, the sentence that reads ``The OMB 
control number will remain 0938-1153.'' and the parenthetical phrase 
that reads ``(set out in the PRA accompanying this Rule, as well as the 
HOPE Guidance Manual finalized in this Rule)'' are removed.
    On page 64261, we referred readers to the HOPE Beta testing report 
and the PRA package associated with the rule. The ``PRA package'' 
should have been referred to as the ``information collection request''. 
In addition, we inadvertently omitted the expiration date for the 
information collection request. The sentence is corrected to read: 
``For additional information regarding the calculation of HOPE time and 
cost burdens, please refer to the HOPE Beta Testing Report found on the 
HOPE web page at https://www.cms.gov/medicare/quality/hospice/hope and 
the information collection request (OMB control number 0938-1153/
Expiration date: 1/31/2026) associated with this rule found at https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing.''
    On page 64262, we made a typographical error within Table 18. The 
cell ``HUV Timepoint'' is corrected to read: ``HUV Timepoints.''

B. Summary of Errors and Corrections Posted on the CMS Website

    As discussed above, we inadvertently omitted FIPS county number 
09150 Northeastern Connecticut planning region from the list of 
counties that must use a 500XX transition code beginning in FY 2025. 
That error was subsequently included in the FY 2025 Hospice wage index 
file exclusively on the CMS website at: https://www.cms.gov/medicare/payment/fee-for-service-providers/hospice/hospice-wage-index. In Tab 2 
of the FY 2025 Hospice Wage Index file labeled ``CT Counties'', we are 
correcting the erroneous assignment of the Northeastern Connecticut 
planning region to CBSA 99907 for FY 2025, to reflect the newly 
assigned wage index transition code 50030. We are also correcting the 
omission of the Northeastern Planning Region from Tab 3 of the file 
labeled ``Transition Codes'', noting the addition of this region to the 
list of counties that must use a 500XX transition code instead of the 
statewide rural area code or CBSA number on the hospice claim beginning 
in FY 2025.
    Given these errors, we are republishing the FY 2025 Hospice Wage 
Index file accordingly on the CMS website at: https://www.cms.gov/medicare/payment/fee-for-service-providers/hospice/hospice-wage-index 
effective October 1, 2024.

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 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 is 
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 
correcting document 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 FY 2025 Hospice final rule but does not make substantive changes to 
the policies or payment methodologies that were adopted in the FY 2025 
Hospice final rule. As a result, this correcting document is intended 
to ensure that the information in the FY 2025 Hospice final rule 
accurately reflects the policies adopted in that document.
    In addition, even if this were a rule to which the notice and 
comment procedures and delayed effective date requirements applied, we 
find that there is good cause to waive such requirements. Undertaking 
further notice and comment procedures to incorporate the corrections in 
this correcting document into the final rule or delaying the effective 
date would be contrary to the public interest because it is in the 
public's interest for providers to receive appropriate payments in as 
timely a manner as possible, and to ensure that the FY 2025 Hospice 
final rule 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

[[Page 79766]]

the policies that we previously proposed, requested comment on, and 
subsequently finalized. This correcting document is intended solely to 
ensure that the FY 2025 Hospice final rule 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.

IV. Correction of Errors

    In FR Doc. 2024-16910 of August 6, 2024 (89 FR 64202) make the 
following corrections:
    1. On page 64207, second column, second full paragraph:
    a. In lines 17 and 18, ``Hinesville-Fort Stewart, Georgia'' is 
corrected to read ``Hinesville, Georgia''.
    b. In lines 19 and 20, ``Hinesville-Fort Stewart, Georgia'' is 
corrected to read ``Hinesville, Georgia''.
    c. In line 20, the figure ``0.8872'' is corrected to read: 
``0.8886''.
    2. On page 64209, second column, paragraph below Table 2, ``53 
counties (and county equivalents)'' is corrected to read ``54 counties 
and county equivalents''.
    3. On page 64210, Table 3 is corrected by adding an entry at the 
beginning of the table for FIPS County code ``09015'' to read as 
follows:

                            Table 3--Urban Counties That Would Change to Rural Status
----------------------------------------------------------------------------------------------------------------
     FIPS county  code           County name              State         Current  CBSA      Current CBSA name
----------------------------------------------------------------------------------------------------------------
09015.....................  WINDHAM..............  CT                           49340  Worchester, MA-CT.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    4. On page 64222, Table 8 is corrected by adding an entry at the 
beginning of the table for FIPS code ``09150''code to read as follows:

                          Table 8--Counties That Will Use a Wage Index Transition Code
----------------------------------------------------------------------------------------------------------------
                                                                                                       FY 2025
    FIPS code         County name       FY 2024    FY 2024 CBSA name   FY 2025    FY 2025 CBSA name   transition
                                          CBSA                           CBSA                            code
----------------------------------------------------------------------------------------------------------------
09150...........  NORTHEASTERN             49340  Worchester, MA-CT.      99907  CONNECTICUT.......        50030
                   CONNECTICUT.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    5. On page 64239, in the first column, the header ``2. 
Implementation of Two Process Quality Measures Based on Proposed HOPE 
Data Collection'' is corrected to read
    ``2. Implementation of Two Process Quality Measures Based on HOPE 
Data Collection''.
    6. On page 64240, third column, first full paragraph, in lines 4 
through 6, the sentence ``CMS maintains to avoid creating unnecessary 
burden for hospice providers.'' is corrected to read ``CMS maintains 
its commitment to avoid creating unnecessary burden for hospice 
providers.''
    7. On page 64242, third column, last partial paragraph, in lines 11 
and 12, the sentence ``Theses (SFVs) may be performed by RNs or LPNs/
LVNs.'' is corrected to read ``These SFVs may be performed by RNs or 
LPNs/LVNs.''
    8. On page 64244, second column:
    a. First partial paragraph, the final sentence, ``We are finalizing 
the decision that the data from the first quarter Q4 CY 2025, if HOPE 
data collection begins in October 2025, it will not be used for 
assessing validity and reliability of the quality measures.'', is 
corrected to read ``We are finalizing the decision that the data from 
the first quarter--Q4 CY 2025, if HOPE data collection begins in 
October 2025--will not be used for assessing validity and reliability 
of the quality measures.''
    b. Second full paragraph, in lines 7 through 17, the sentence that 
reads ``In light of all the steps required prior to data being publicly 
reported, we finalize the decision that public reporting of the 
proposed quality measures will be implemented no earlier than FY 2028, 
allowing ample time for data analysis, review of measures' 
appropriateness for use for public reporting, and allowing hospices the 
required time to review their own data prior to public reporting.'' is 
corrected to read ``In light of all the steps required prior to data 
being publicly reported, we finalize the decision that public reporting 
of the HOPE-based quality measures will be implemented no earlier than 
FY 2028, allowing ample time for data analysis, review of measures' 
appropriateness for use for public reporting, and allowing hospices the 
required time to review their own data prior to public reporting.''
    9. On page 64260:
    a. First column, first partial paragraph under the heading ``IV. 
Collection of Information Requirements'', in lines 2 and 3, ``60-day'' 
is corrected to read ``30-day''.
    b. Third column, first partial paragraph:
    i. In lines 3 and 4, the sentence that reads ``The OMB control 
number will remain 0938-1153.'' is removed.
    ii. In lines 11 through 14, the parenthetical phrase ``(set out in 
the PRA accompanying this Rule, as well as the HOPE Guidance Manual 
finalized in this Rule)'' is removed.
    10. On page 64261:
    a. First column, first partial paragraph, in lines 1 through 11, 
the sentence that reads ``For additional information regarding the 
calculation of HOPE time and cost burdens, please refer to the HOPE 
Beta Testing Report found on the HOPE web page at https://www.cms.gov/medicare/quality/hospice/hope and the PRA package associated with this 
rule found at https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing.'' is corrected to 
read ``For additional information regarding the calculation of HOPE 
time and cost burdens, please refer to the HOPE Beta Testing Report 
found on the HOPE web page at https://www.cms.gov/medicare/

[[Page 79767]]

quality/hospice/hope and the information collection request (OMB 
control number 0938-1153/Expiration date: 1/31/2026) associated with 
this rule found at https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing.''
    b. Third column, lines 15 through 21, the sentence that reads 
``This increase in incremental burden is explained further in the 
Regulatory Impact Analysis (RIA) section of this Rule, and is also 
discussed in detail in the Information Collection Request and PRA 
accompanying this Rule.'' is corrected to read ``This increase in 
incremental burden is explained further in the Regulatory Impact 
Analysis (RIA) section of this rule, and is also discussed in detail in 
the information collection request accompanying this rule (OMB control 
number (0938-1153/Expiration date: 1/31/2026).''
    11. On page 64262, in Table 18, titled ``Summary of Changes in 
Burden'', the entry ``HUV Timepoint'' is corrected to read ``HUV 
Timepoints''.

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2024-22495 Filed 9-27-24; 4:15 pm]
BILLING CODE 4120-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>