Thursday, 

June 17, 2010 

Part IV 

Department of 

Health and Human 

Services 

Centers for Medicare & Medicaid 

42 CFR Parts 412 and 413 

Medicare Program; Supplemental 

Proposed Changes to the Hospital 

Inpatient Prospective Payment Systems 

for Acute Care Hospitals and the LongTerm Care Hospital Prospective Payment 

System and Supplemental Proposed Fiscal 

Year 2011 Rates; Corrections; Proposed 

Rule and Notice 


emcdonald on DSK2BSOYB1PROD with PROPOSALS4
34612 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Proposed Rules 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412 and 413 

[CMS–1498–CN2] 

RIN 0938–AP80 

Medicare Program; Supplemental 

Proposed Changes to the Hospital 

Inpatient Prospective Payment 

Systems for Acute Care Hospitals and 

the Long-Term Care Hospital 

Prospective Payment System and 

Supplemental Proposed Fiscal Year 

2011 Rates; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of proposed rule. 

SUMMARY: This document corrects 

technical and typographical errors in 

the supplementary proposed rule 

entitled ‘‘Medicare Program; 

Supplemental Proposed Changes to the 

Hospital Inpatient Prospective Payment 

Systems for Acute Care Hospitals and 

the Long-Term Care Hospital 

Prospective Payment System and 

Supplemental Proposed Fiscal Year 

2011 Rates’’ which appeared in the 

June 2, 2010 Federal Register. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010–12567 of June 2, 

2010, there were technical and 

typographical errors that are identified 

and corrected in the Correction of Errors 

section below. 

II. Summary of Errors 

On page 30920, in our discussion of 

Frontier counties, we inadvertently 

omitted the term ‘‘frontier counties’’ 

when referencing the statutory 

definition of the term. We correct this 

error in section IV.A.1. of this correction 

notice. 

On page 30921, in our discussion of 

the proposed revisions for FY 2011 to 

Table 4J, we inadvertently omitted a 

discussion of the data use error we 

made when calculating the outmigration adjustment values presented 

in the May 4, 2010 FY 2011 IPPS/LTCH 

PPS proposed rule and that the outmigration adjustment values in revised 

Table 4J are based on corrected wage 

data as well as the changes made in 

accordance with the Affordable Care 

Act. We correct this error in section 

IV.A.2. of this correction notice. 

In our preamble discussion and the 

regulations text regarding payment 

adjustment for low-volume hospitals 

(pages 30924 and 30925, and pages 

30972 and 30973, respectively), we 

made several typographical and 

technical errors. In the table that 

references the number of Medicare 

discharges and the payment adjustment 

add-on percentage, we inadvertently 

indicated that one of the discharge 

ranges was 201–301 instead of 201–300. 

Therefore, in section IV.B.2.b. of this 

correction notice, we correct this error. 

We also correct the other typographical 

and technical errors regarding the 

payment adjustment for low-volume 

hospitals in sections IV.A.3. and 4. and 

B.1. and 2.a. of this correction notice. 

On page 30966, in our preamble 

discussion regarding the long-term care 

hospital prospective payment system 

(LTCH PPS), we made a typographical 

error in an internal cross-reference to a 

specific section of the preamble of the 

supplemental proposed rule which 

discussed changes to the LTCH PPS 

policies that were required by the 

Medicare, Medicaid, and SCHIP 

Extension Act of 2007 (MMSEA), as 

amended by the American Recovery and 

Reinvestment Act of 2009 (ARRA), and 

the Patient Protection and Affordable 

Care Act. We are correcting this error in 

section IV.A.5. of this correction notice. 

On pages 31049 through 31057 in 

Table 4J.—Proposed Out-Migration 

Adjustment for Acute Care Hospitals— 

FY 2011, in the second column, we 

made an error in the fiscal year 

referenced in the column heading. 

Therefore, in section IV.C.1. of this 

correction notice we correct this error. 

On page 31103, in our impact analysis 

discussion of the overall effect of 

geographic reclassification, we 

erroneously cited an adjustment of 

0.995425. Therefore, in section IV.C.2. 

of this correction notice, we are 

correcting this error. 

On page 31107, in our impact analysis 

discussion of the effects of additional 

payments to qualifying hospitals in low 

Medicare spending counties, we made 

errors in the figures regarding the 

spending for FY 2011 and FY 2012. 

Therefore, in section IV.C.3. of this 

correction notice we are correcting these 

errors. 

On page 31117, we erroneously 

reference the date that the first FY 2011 

hospital inpatient prospective payment 

systems/long-term care prospective 

payment system (IPPS/LTCH PPS) 

proposed rule appeared in the Federal 

Register as May 10, 2010 instead of May 

4, 2010. Therefore, in section IV.C.4. of 

this correction notice, we correct these 

errors. 

III. Waiver of 60-Day Comment Period 

We ordinarily permit a 60-day 

comment period on notices of proposed 

rulemaking in the Federal Register, as 

provided in section 1871(b)(1) of the 

Act. However, this period may be 

shortened, as provided under section 

1871(b)(2)(C) of the Act, when the 

Secretary finds good cause that a 60-day 

comment period would be 

impracticable, unnecessary, or contrary 

to the public interest and incorporates a 

statement of the finding and its reasons 

in the rule issued. 

The changes made by this correction 

notice do not constitute agency 

rulemaking, and therefore the 60-day 

comment period does not apply. This 

correction notice merely corrects 

typographical and technical errors in 

the FY 2011 IPPS/LTCH PPS 

supplemental proposed rule and does 

not make substantive changes to either 

that proposed rule or the first FY 2011 

IPPS/LTCH PPS proposed rule 

appearing in the May 4, 2010 Federal 

Register that would require additional 

time on which to comment. Instead, this 

correction notice is intended to ensure 

the accuracy of the FY 2011 IPPS/LTCH 

PPS supplemental proposed rule. 

We further note that this document 

makes corrections to a supplemental 

proposed rule for which the Secretary 

has found good cause to shorten the 

required 60-day comment period; we 

refer readers to section III.B. of the FY 

2011 IPPS/LTCH PPS supplemental 

proposed rule for additional discussion 

on that point. Therefore, to the extent 

that the 60-day comment period does 

apply, we find that good cause to 

shorten that period for the reasons set 

forth above, as well as for the reasons 

articulated in section III.B. of the FY 

2011 IPPS/LTCH PPS supplemental 

proposed rule. 

IV. Correction of Errors 

In FR Doc. 2010–12567 of June 2, 

2010, make the following corrections: 

A. Corrections to the Preamble 

1. On page 30920, third column, 

second full paragraph, line 10 and 11, 

the phrase ‘‘The statute defines as 

counties’’ is corrected to read ‘‘The 

statute defines Frontier Counties as 

counties’’ 

2. On page 30921, first column, third 

full paragraph, line 4, after the sentence 

that ends with the phrase ‘‘Affordable 

Care Act.’’ the paragraph is corrected by 

adding the following sentences: ‘‘Also, 

Table 4J is revised to include corrected 

out-migration adjustment values due to 

an error in the calculation that was used 

for the FY 2011 IPPS/LTCH PPS 


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Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Proposed Rules 34613 

proposed rule, which appeared in the 

May 4, 2010 Federal Register. In the FY 

2011 proposed rule, the out-migration 

adjustment was erroneously calculated 

based on data from 2008, 2009, and 

2010 rather than data from 2009, 2010, 

and 2011. The out-migration adjustment 

included in this FY 2011 supplemental 

proposed rule reflects these changes.’’ 

3. On page 30924— 

a. First column, fourth full paragraph, 

line l, the word ‘‘Section’’ is corrected to 

read ‘‘Sections.’’ 

b. Second column, first partial 

paragraph, line 1, the phrase ‘‘We 

therefore’’ is corrected to read 

‘‘Therefore, we’’ 

c. Third column, first full paragraph, 

lines 9 and 10, the phrase ‘‘under Part 

B,’’ see section 1852(a)(1)(B)(i) of the 

Act.’’ is corrected to read ‘‘under Part B.’’ 

(See section 1852(a)(1)(B)(i) of the Act.)’’ 

4. On page 30925— 

a. First column second full paragraph, 

line 1 and 2, the reference ‘‘sections 

3125(4) of Pub. L. 111–148 and 

10314(2), ’’ is corrected to read ‘‘sections 

3125 and 10314 of Pub. L. 111–148.’’ 

b. Second column, first full 

paragraph, last line, the phrase 

‘‘qualifying criteria,’’ is corrected to read 

‘‘qualifying criteria.’’. 

5. On page 30966, first column, last 

paragraph, line 1, the reference ‘‘section 

XX’’ is corrected to read ‘‘section II.I. of 

the preamble of this supplemental 

proposed rule.’’ 

B. Corrections to the Regulations Text 

1. On page 30972, third column— 

a. Second full paragraph, lines 1 and 

2 (definition of Medicare discharges), 

the phrase ‘‘discharge of inpatients’’ is 

corrected to read ‘‘discharges of 

inpatients.’’ 

b. Sixth full paragraph, line 9, the 

parenthetical statement ‘‘(of this section’’ 

is corrected to read ‘‘(of this section)’’. 

c. Eighth full paragraph, lines 3 

through 9, the phrase ‘‘Medicare and 

non-Medicare, during’’ is corrected to 

read ‘‘Medicare and non-Medicare 

discharges, during’’. 

2. On page 30973— 

a. First column, first partial 

paragraph, lines 1 and 2, the 

parenthetical phrase, ‘‘(as defined in 

paragraph (a) of this section)’’ is 

corrected to read ‘‘(that is, Medicare 

discharges as defined in paragraph (a) of 

this section).’’ 

b. First column, fourth full paragraph, 

in the table, the Medicare discharge 

range ‘‘201–301’’ is corrected to read 

‘‘201–300.’’ 

C. Corrections to the Addendum and 

Appendix 

1. On pages 31049 through 31057, in 

Table 4J.—Proposed Out-Migration 

Adjustment for Acute Care Hospitals— 

FY 2011, second column, the column 

heading ‘‘Reclassified for FY 2010’’ is 

corrected to read ‘‘Reclassified for FY 

2011.’’ 

2. On page 31103, first column, first 

full paragraph, line 5, the figure 

‘‘0.995425’’ is corrected to read 

‘‘0.991476.’’ 

3. On page 31107, third column, last 

paragraph, lines 12 and 13, the phrase 

‘‘$200 million in FY 2011 and $200 

million in FY 2012’’ is corrected to read 

‘‘$150 million in FY 2011 and $250 

million in FY 2012.’’ 

4. On page 31117— 

a. Top of the page, 

1. First column, first partial 

paragraph, line 11, the date ‘‘May 10, 

2010’’ is corrected to read ‘‘May 4, 2010.’’ 

2. Third column, first partial 

paragraph, lines 10 and 11, the date 

‘‘May 10, 2010’’ is corrected to read 

‘‘May 4, 2010.’’ 

b. Middle of the page, second column, 

first partial paragraph, last line, the date 

‘‘May 10, 2010’’ is corrected to read 

‘‘May 4, 2010.’’ 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: June 15, 2010. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2010–14808 Filed 6–15–10; 4:15 pm] 

BILLING CODE 4120–01–P 


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