2058 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 

including prior authorization of other 

DMEPOS items. 

The RFA requires agencies to analyze 

options for regulatory relief of small 

entities. For purposes of the RFA, small 

entities include small businesses, 

nonprofit organizations, and small 

governmental jurisdictions. Most 

hospitals and most other providers and 

suppliers are small entities, either by 

nonprofit status or by having revenues 

of less than $8.0 million to $41.5 

million in any 1 year. Individuals and 

States are not included in the definition 

of a small entity. We are not preparing 

an analysis for the RFA because we have 

determined, and the Secretary certifies, 

that this regulatory document will not 

have a significant economic impact on 

a substantial number of small entities. 

In addition, section 1102(b) of the Act 

requires us to prepare an RIA if a rule 

may have a significant impact on the 

operations of a substantial number of 

small rural hospitals. This analysis must 

conform to the provisions of section 604 

of the RFA. For purposes of section 

1102(b) of the Act, we define a small 

rural hospital as a hospital that is 

located outside of a Metropolitan 

Statistical Area for Medicare payment 

regulations and has fewer than 100 

beds. We are not preparing an analysis 

for section 1102(b) of the Act because 

we have determined, and the Secretary 

certifies, that this regulatory document 

will not have a significant impact on the 

operations of a substantial number of 

small rural hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 also 

requires that agencies assess anticipated 

costs and benefits before issuing any 

rule whose mandates require spending 

in any 1 year of $100 million in 1995 

dollars, updated annually for inflation. 

In 2021, that threshold is approximately 

$158 million. This regulatory document 

will have no consequential effect on 

State, local, or tribal governments or on 

the private sector. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final rule 

or other regulatory document) that 

imposes substantial direct requirement 

costs on State and local governments, 

preempts State law, or otherwise has 

Federalism implications. Since this 

regulatory document does not impose 

any costs on State or local governments, 

the requirements of Executive Order 

13132 are not applicable. 

In accordance with the provisions of 

Executive Order 12866, this document 

was reviewed by the Office of 

Management and Budget. 

The Administrator of the Centers for 

Medicare & Medicaid Services (CMS), 

Chiquita Brooks-LaSure, having 

reviewed and approved this document, 

authorizes Lynette Wilson, who is the 

Federal Register Liaison, to 

electronically sign this document for 

purposes of publication in the Federal 

Register. 

Dated: January 10, 2022. 

Lynette Wilson, 

Federal Register Liaison, Centers for Medicare 

& Medicaid Services. 

[FR Doc. 2022–00572 Filed 1–12–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 416, 419, and 512 

Office of the Secretary 

45 CFR Part 180 

[CMS–1753–CN] 

RIN 0938–AU43 

Medicare Program: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems and 

Quality Reporting Programs; Price 

Transparency of Hospital Standard 

Charges; Radiation Oncology Model; 

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 errors in the final rule with 

comment period that appeared in the 

Federal Register on November 16, 2021, 

titled ‘‘Medicare Program: Hospital 

Outpatient Prospective Payment and 

Ambulatory Surgical Center Payment 

Systems and Quality Reporting 

Programs; Price Transparency of 

Hospital Standard Charges; Radiation 

Oncology Model.’’ 

DATES: 

Effective date: Effective January 13, 

2022. 

Applicability date: The corrections in 

this correcting document are applicable 

beginning January 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Marjorie Baldo via email 

Marjorie.Baldo@cms.hhs.gov or at (410) 

786–4617. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the final rule with comment period 

that appeared in the November 16, 2021, 

Federal Register (86 FR 63458) titled 

‘‘Medicare Program: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems and 

Quality Reporting Programs; Price 

Transparency of Hospital Standard 

Charges; Radiation Oncology Model’’ 

(hereinafter referred to as the CY 2022 

OPPS/ASC final rule with comment 

period), 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 

document that appeared in the 

November 16, 2021 Federal Register. 

Accordingly, the corrections are 

effective January 1, 2022. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Corrections 

On page 63463, use of incorrect wage 

index assignments for community 

mental health centers (CMHCs) resulted 

in an inaccurate payment impact 

estimate. We stated that ‘‘we estimate a 

1.1 percent increase in CY 2022 

payments to CMHCs relative to their CY 

2021 payments.’’ We are correcting our 

estimate of the increase in payments for 

CMHCs from ‘‘1.1 percent’’ to ‘‘1.6 

percent’’. 

On page 63490, we noted that one 

commenter, a hospital association, 

supported CMS’s proposal to continue 

to unpackage Omidria in the ASC 

setting. However, there were several 

commenters, including several hospital 

associations, that expressed broad 

support for CMS’s proposal to 

unpackage and pay separately for nonopioid pain management drugs that 

function as surgical supplies, including 

the drug Omidria. We are correcting the 

text to acknowledge the additional 

commenters. 

On page 63497, the table number for 

the table included on this page was 

inadvertently omitted from the table’s 

title. Therefore, we are adding the 

number ‘‘4’’ to the table’s title. 

On page 63543 and 63544, we listed 

the incorrect APC assignment for CPT 

codes 66989 and 66991. We are 

correcting the APC assignment for these 

codes from APC 1526 to APC 1563. 

On page 63548, second column, under 

section ‘‘6. Calculus Aspiration With 

Lithotripsy Procedure (APC 5376)’’ of 

the APC-Specific section, we are 

correcting the long descriptor for 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 2059 

HCPCS code C9761, to include the 

terms ‘‘ureter,’’ ‘‘bladder,’’ or 

‘‘steerable’’. The correct long descriptor 

for HCPCS code C9761 is 

‘‘Cystourethroscopy, with ureteroscopy 

and/or pyeloscopy, with lithotripsy, and 

ureteral catheterization for steerable 

vacuum aspiration of the kidney, 

collecting system, ureter, bladder, and 

urethra if applicable’’. 

On page 63549, in Table 23: Final SI 

And APC Assignment For HCPCS Code 

C9761, we inadvertently used the 

incorrect long descriptor for HCPCS 

code C9761. We are correcting the long 

descriptor for HCPCS code C9761 from 

‘‘Cystourethroscopy, with ureteroscopy 

and/or pyeloscopy, with lithotripsy 

(ureteral catheterization is included) 

and vacuum aspiration of the kidney, 

collecting system and urethra if 

applicable)’’ to ‘‘Cystourethroscopy, 

with ureteroscopy and/or pyeloscopy, 

with lithotripsy, and ureteral 

catheterization for steerable vacuum 

aspiration of the kidney, collecting 

system, ureter, bladder, and urethra if 

applicable’’. 

On page 63565, we inadvertently 

omitted the HOP Panel recommendation 

related to CPT code 55880. Therefore, 

we are adding the language that 

describes the HOP Panel’s 

recommendation for this code. 

On page 63569, we inadvertently 

omitted a summary of several public 

comments and our responses related to 

the appropriate APC assignments for 

CPT codes 0652T, 0653T, and 0654T. 

Therefore, we are adding a new 

subsection titled ‘‘38. Other Procedures/ 

Services’’ that includes the comments 

and our response. 

On page 63633, Table 39, ‘‘Drugs and 

Biologicals with Pass-Through Payment 

Status Expiring after CY 2022,’’ we 

inadvertently used the wrong dosage 

unit in the long descriptor for HCPCS 

code J9272. The correct dosage unit is 

‘‘10 mg,’’ not ‘‘100 mg’’. Therefore, we 

are changing the dosage unit in the long 

descriptor for HCPCS code J9272 from 

‘‘100 mg’’ to ‘‘10 mg.’’ 

On page 63634, Table 39, ‘‘Drugs and 

Biologicals with Pass-Through Payment 

Status Expiring after CY 2022,’’ we 

inadvertently excluded HCPCS code 

J9021 (Injection, asparaginase, 

recombinant, (rylaze), 0.1 mg), even 

though it is a drug with pass-through 

status expiring after CY 2022. Therefore, 

we are adding an entry for HCPCS code 

J9021 that includes the long descriptor, 

status indicator, APC assignment, and 

the pass-through eligibility period for 

the drug described by HCPCS code 

J9021. 

On pages 63812 and 63980, our 

revisions to the device offset 

percentages for certain device-intensive 

procedures results in a revised ASC 

weight scalar. Therefore, we are revising 

our ASC weight scalar from 0.8552 to 

0.8546. 

On pages 63978 and 63979, Table 84, 

‘‘Estimated Impact of the CY 2022 

Changes for the Hospital Outpatient 

Prospective Payment System’’, use of 

incorrect wage index assignments for 

CMHCs resulted in inaccurate payment 

impact estimates in the table. We are 

making changes in the descriptive text 

to accurately reflect those updates. In 

addition, the row for CMHCs of the 

Table 84 is being corrected to include 

payment impact estimates based on the 

correct CMHC wage index assignments. 

2. Hospital Outpatient Quality 

Reporting (OQR) Program Corrections 

On page 63845, the title of section ‘‘b’’ 

incorrectly states: ‘‘Beginning With the 

CY 2023 Reporting Period/CY 2025 

Payment Determination.’’ We are 

correcting this from ‘‘CY 2023 Reporting 

Period/CY 2025 Payment 

Determination’’ to ‘‘CY 2025 Reporting 

Period/CY 2027 Payment 

Determination.’’ 

On page 63847, in the footnote for the 

OP–31 measure in table 63, we stated 

the incorrect timeline for mandatory 

reporting of the OP–31 measure. We are 

correcting this from ‘‘CY 2023 reporting 

period/CY 2025 payment 

determination’’ to ‘‘CY 2025 reporting 

period/CY 2027 payment 

determination.’’ 

On page 63849, in Table 65, we 

omitted a footnote for the OP–31 

measure. We are adding the following 

footnote: ‘‘OP–31 measure is voluntarily 

collected as set forth in the CY 2015 

OPPS/ASC final rule with comment 

period (79 FR 66946 through 66947).’’ 

3. Ambulatory Surgical Center Quality 

Reporting Program (ASCQR) Corrections 

On page 63892, in Table 69, the 

footnote for the ASC–20 measure is 

incorrect. We are removing this 

incorrect footnote from the table. 

On page 63894, in Table 71, we 

omitted the ASC–15 measure from the 

table. We are adding the ASC–15 

measure to the list of measures in Table 

71 by adding the following to the list of 

measures in the table: ASC–15a—About 

Facilities and Staff, ASC–15b— 

Communication About Procedure, ASC– 

15c—Preparation for Discharge and 

Recovery, ASC–15d—Overall Rating of 

Facility, ASC–15e—Recommendation of 

Facility. We are also adding the 

following footnotes to the ASC–15 a–e 

measure: ‘‘The ASC–15 measure is 

voluntarily collected effective beginning 

with the CY 2026 payment 

determination and mandatory beginning 

with the CY 2027 payment 

determination and subsequent years, as 

set forth in the CY 2022 OPPS/ASC final 

rule with comment period (86 FR 63887 

through 63892).’’ 

4. Radiation Oncology Model 

Corrections 

On page 63917, we inadvertently 

omitted the word ‘‘be’’ in a sentence. 

We are correcting that omission by 

inserting the word. In addition, we are 

revising a sentence to correct the word 

‘‘of’’ to read ‘‘at’’. 

On page 63937, we repeated the term 

‘‘RO’’. We are removing one instance to 

correct this error. 

On page 63940, we inadvertently 

omitted a period at the end of a 

sentence. We are correcting this 

omission by adding in the period. 

On page 63987, in Table 91, 

‘‘Estimates of Medicare Program Savings 

(Millions $) for Radiation Oncology 

Model (Starting January 1, 2022),’’ we 

are correcting the Part B Premium 

Revenue Offset total from ‘‘50’’ to ‘‘40’’. 

B. Summary of Errors and Corrections to 

the OPPS and ASC Addenda Posted on 

the CMS Website 

1. OPPS Addenda Posted on the CMS 

Website 

a. Corrections to Addendum A 

In Addendum A (OPPS APCs for CY 

2022), we inadvertently assigned OPPS 

status indicator ‘‘K’’ rather than ‘‘G’’ to 

the drug APCs listed below, even 

though we used our equitable 

adjustment authority to mimic 

continued pass-through status through 

the end of CY 2022 for the drugs 

assigned to these APCs. Accordingly, we 

are correcting the OPPS status indicator 

from SI ‘‘K’’ to ‘‘G’’ in Addendum A for 

the drug APCs listed below. 

• APC 9339 (Iodine i-131 iobenguane 

1mci) 

• APC 9180 (Inj., patisiran, 0.1 mg) 

• APC 9183 (Inj., plazomicin, 5 mg) 

• APC 9179 (Inj., aristada initio, 1 mg) 

• APC 9182 (Inj mogamulizumab-kpkc, 

1 mg) 

We inadvertently assigned HCPCS 

code J2798 status indicator ‘‘N’’, 

meaning that payment for the item or 

service is packaged, even though this 

drug will receive continued separate 

payment to mimic pass-through status 

during CY 2022. Accordingly, we are 

assigning HCPCS code J2798 to APC 

9181 (Inj., perseris, 0.5 mg) and adding 

this APC to Addendum A with an OPPS 

status indicator assignment of ‘‘G’’, a 

payment rate of $10.677, and a 

minimum unadjusted copayment of 

$2.14. 


jspears on DSK121TN23PROD with RULES1
2060 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 

b. Corrections to Addendum B 

In Addendum B (OPPS Payment by 

HCPCS Code for CY 2022), we 

inadvertently assigned OPPS status 

indicator ‘‘K’’ or ‘‘N’’ rather than ‘‘G’’ 

and assigned comment indicator ‘‘CH’’ 

to the HCPCS codes for the drugs listed 

below, even though we used our 

equitable adjustment authority to mimic 

continued pass-through status through 

the end of CY 2022 for these drugs and 

the OPPS status indicator and APC 

assignments for these drugs are not 

changing. Accordingly, we changed the 

status indicator from SI ‘‘K’’ or ‘‘N’’ to 

‘‘G’’ for the drug HCPCS codes listed 

below. We also removed comment 

indicator ‘‘CH’’ from these HCPCS codes 

because there is no change to the SI or 

APC assignment from CY 2021. 

• A9590 (Iodine i-131 iobenguane 1mci) 

• J0222 (Inj., patisiran, 0.1 mg) 

• J0291 (Inj., plazomicin, 5 mg) 

• J1943 (Inj., aristada initio, 1 mg) 

• J9204 (Inj mogamulizumab-kpkc, 

1 mg) 

• J2798 (Inj., perseris, 0.5 mg) 

In Addendum B, we inadvertently 

assigned HCPCS code J2798 status 

indicator ‘‘N’’, meaning that payment 

for the item or service is packaged, even 

though this drug will receive continued 

separate payment to mimic pass-through 

status during CY 2022. We are 

correcting this error in Addendum B by 

indicating that this HCPCS code is 

assigned to APC 9181 (Inj., perseris, 

0.5 mg) with a status indicator 

assignment of ‘‘G’’, a payment rate of 

$10.677, and a minimum unadjusted 

copayment of $2.14. 

In Addendum B, we inadvertently 

assigned HCPCS codes 66989 and 66991 

to APC 1526 and status indicator ‘‘S’’. 

We are correcting this error in 

Addendum B by indicating that HCPCS 

codes 66989 and 66991 are assigned to 

APC 1563 with a status indicator of ‘‘T’’. 

In Addendum B, we inadvertently 

assigned new HCPCS code A2003 to 

status indicator ‘‘A’’. Since this code 

was created in error, we are deleting this 

code from Addendum B. 

c. Corrections to Addendum C 

In Addendum C, we inadvertently 

assigned CPT codes 66989 and 66991 to 

APC 1526 and status indicator ‘‘S’’. 

Accordingly, we are correcting the APC 

assignment from 1526 to 1563 and 

status indicator ‘‘T’’. 

In Addendum C (HCPCS Codes 

Payable Under the 2022 OPPS by APC), 

we inadvertently assigned OPPS status 

indicator ‘‘K’’ rather than ‘‘G’’ to the 

drug APCs listed below, even though we 

used our equitable adjustment authority 

to mimic continued pass-through status 

through the end of CY 2022 for the 

drugs assigned to these APCs. 

Accordingly, we are correcting the 

OPPS status indicator from SI ‘‘K’’ to 

‘‘G’’ in Addendum C for the HCPCS 

codes and drug APCs listed below. 

• HCPCS code A9590; APC 9339 

(Iodine i-131 iobenguane 1mci) 

• HCPCS code J0222; APC 9180 (Inj., 

patisiran, 0.1 mg) 

• HCPCS code J0291; APC 9183 (Inj., 

plazomicin, 5 mg) 

• HCPCS code J1943; APC 9179 (Inj., 

aristada initio, 1 mg) 

• HCPCS code J9204; APC 9182 (Inj 

mogamulizumab-kpkc, 1 mg) 

We inadvertently assigned HCPCS 

code J2798 status indicator ‘‘N’’, 

meaning that payment for the item or 

service is packaged, even though this 

drug will receive continued separate 

payment to mimic pass-through status 

during CY 2022. We are correcting this 

error by assigning HCPCS code J2798 

(Inj., perseris, 0.5 mg) to APC 9181 (Inj., 

perseris, 0.5 mg) and adding this APC to 

Addendum C with status indicator 

assignment of ‘‘G’’, a payment rate of 

$10.677, and the minimum unadjusted 

copayment of $2.14. 

d. Corrections to Addendum P 

In Addendum P of the OPPS/ASC 

proposed rule, we applied a 31 percent 

device offset percentage to CPT code 

0618T and HCPCS code C9761. In 

Addendum P to the CY 2022 OPPS/ASC 

final rule with comment period, we 

assigned device offset percentages of 1.9 

percent for CPT code 0618T and 5.15 

percent for HCPCS code C9761. We are 

correcting the device offset percentages 

in Addendum P to display the 31 

percent default device offset percentage 

as was displayed in the CY 2022 OPPS/ 

ASC proposed rule Addendum P for the 

CPT/HCPCS codes below. 

• CPT code 0618T (Insertion of iris 

prosthesis, including suture fixation and 

repair or removal of iris, when 

performed; with secondary intraocular 

lens placement or intraocular lens 

exchange); 

• HCPCS code C9761 

(Cystourethroscopy, with ureteroscopy 

and/or pyeloscopy, with lithotripsy 

(ureteral catheterization is included) 

and vacuum aspiration of the kidney, 

collecting system and urethra if 

applicable). 

The impact file provided with the CY 

2022 OPPS/ASC final rule with 

comment period at https://

www.cms.gov/medicaremedicare-feeservice-paymenthospitaloutpatientpps/ 

cms-1753-fc utilized the incorrect wage 

index values in Column F of ‘‘2022 

NFRM Impact File.11012021.xlsx’’ for 

certain CMHCs, providers affected by 

the imputed rural floor, and providers 

affected by the cap on wage index 

decreases. These corrections to the wage 

index have effects on estimated CY 2022 

OPPS and OPPS Outlier Payment, 

which were displayed in Columns M 

and N of that same file. As a result, we 

are updating the impact file to provide 

corrected numbers, which will have 

corrected values in those same columns 

in the updated impact file. 

To view the corrected CY 2022 OPPS 

status indicators, APC assignments, 

relative weights, copayment rates, 

device-intensive status, and short 

descriptors for Addenda A, B, and C 

that resulted from these technical 

corrections, we refer readers to the 

Addenda and supporting files that are 

posted on the CMS website at: https:// 

www.cms.gov/Medicare/Medicare-Feefor-Service-Payment/ 

HospitalOutpatientPPS/HospitalOutpatient-Regulations-and-Notices. 

Select ‘‘CMS–1753–CN’’ from the list of 

regulations. All corrected Addenda for 

this correcting document are contained 

in the zipped folder titled ‘‘2022 CN 

OPPS Addenda’’ at the bottom of the 

page for CMS–1753–CN. 

2. ASC Payment System Addenda 

Posted on the CMS Website 

In ASC Addendum AA, we 

inadvertently assigned CPT codes 66989 

and 66991 ‘‘N’’ (No) in column D 

(Subject to Multiple Procedure 

Discounting). We are correcting this 

error in Addendum AA by revising the 

procedure discounting status from ‘‘N’’ 

(No) to ‘‘Y’’ (Yes), indicating that the 

procedure is subject to multiple 

procedure discounting. 

In ASC Addendum AA, we 

inadvertently assigned CPT codes C9779 

and C9780 payment indicator ‘‘J8’’ 

(Device-intensive procedure; paid at 

adjusted rate) in column F (Final CY 

2022 Payment Indicator) even though 

these procedures are not payable in the 

ASC setting. We are correcting this error 

in Addendum AA by removing these 

codes from Addendum AA. 

In ASC Addendum AA, we 

inadvertently assigned CPT code 0414T 

payment indicator ‘‘G2’’ (Non officebased surgical procedure added in CY 

2008 or later; payment based on OPPS 

relative payment weight) in column F 

(Final CY 2022 Payment Indicator), but 

this procedure is designated as deviceintensive under the OPPS. Therefore, 

we are correcting this error by assigning 

payment indicator ‘‘J8’’ to CPT code 

0414T and correcting the ASC payment 

rate and ASC relative weight to reflect 

a 31 percent device offset percentage. 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 2061 

In Addendum AA of the OPPS/ASC 

proposed rule, we applied a 31 percent 

device offset percentage to CPT codes 

66987 and 66988 and HCPCS code 

C9757 and assigned a ‘‘J8’’ payment 

indicator—Device-intensive procedure; 

paid at adjusted rate.—and a payment 

rate that reflected a 31 percent default 

device offset percentage. We changed 

the ASC payment rates in the CY 2022 

OPPS/ASC final rule with comment 

period Addendum AA and device offset 

percentages in Addendum FF to reflect 

11.27 percent for CPT code 66987, 12.35 

percent for 66988, and 22.14 percent for 

HCPCS code C9757. In ASC Addendum 

AA, we are correcting the payment 

indicator for CPT codes 66987 and 

66988 and HCPCS code C9757 to ‘‘J8’’ 

and revising the ASC payment rate and 

ASC relative weights to reflect a device 

offset percentage of 31 percent as was 

displayed in the CY 2022 OPPS/ASC 

proposed rule. In ASC Addendum FF, 

we are correcting the device offset 

percentages for CPT codes 66987 and 

66988 and HCPCS code C9757 to reflect 

the device offset percentage of 31 

percent as was displayed in the CY 2022 

OPPS/ASC proposed rule. 

In ASC addendum BB, we 

inadvertently assigned HCPCS code 

J2798 payment indicator ‘‘N1’’, meaning 

that payment for the item or service is 

packaged, even though this drug will 

receive continued separate payment to 

mimic pass-through status during CY 

2022. We are correcting this error in 

Addendum BB by changing the payment 

indicator from ‘‘N1’’ to ‘‘K2’’ and adding 

a payment rate of $10.68. 

In ASC Addendum FF, we 

inadvertently added CPT codes C9779 

and C9780 but these procedures are not 

payable in the ASC setting. We are 

correcting this error by removing these 

codes from Addendum FF. 

In ASC Addendum FF, we 

inadvertently assigned CPT code 0414T 

payment indicator ‘‘G2’’ (non officebased surgical procedure added in CY 

2008 or later; payment based on OPPS 

relative payment weight) under column 

D (Final CY 2022 Payment Indicator) 

and a device portion that reflects a 

device offset percentage of 27.06 percent 

but this procedure is designated as 

device-intensive under the OPPS. 

Therefore, we are correcting this error 

by assigning payment indicator ‘‘J8’’ 

(device-intensive procedure; paid at 

adjusted rate) to CPT code 0414T, 

assigning a 31 percent device offset 

percentage, and assigning a device 

portion of $7,233.62. 

To view the corrected final CY 2022 

ASC payment indicators, payment 

weights, payment rates, and multiple 

procedure discounting indicator for 

Addendum BB that resulted from this 

technical correction, we refer readers to 

the ASC Addenda and supporting files 

on the CMS website at: https://

www.cms.gov/Medicare/Medicare-Feefor-Service-Payment/ 

HospitalOutpatientPPS/HospitalOutpatient-Regulations-and-Notices. 

Select ‘‘CMS–1753–CN’’ from the list of 

regulations. The corrected ASC addenda 

for this correcting document are 

contained in the zipped folder titled 

‘‘2022 CN ASC Addenda’’ at the bottom 

of the page for CMS–1753–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 rule 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 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) 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 of 

the 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 

rulemaking that would be subject to the 

notice and comment and 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 

2022 OPPS/ASC final rule with 

comment period but does not make 

substantive changes to the policies or 

payment methodologies that were 

adopted in the final rule. As a result, the 

corrections made through this correcting 

document are intended to ensure that 

the information in the CY 2022 OPPS/ 

ASC final rule with comment period 

accurately reflects the policies adopted 

in that rule. 

In addition, even if this were a rule to 

which the notice and comment 

procedures and delayed effective date 

requirements applied, we find that there 

is good cause to waive such 

requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

document into the final rule or delaying 

the effective date would be contrary to 

the public interest because it is in the 

public’s interest for providers to receive 

appropriate payments in as timely a 

manner as possible, and to ensure that 

the CY 2022 OPPS/ASC final rule with 

comment period reflects our policies as 

of the date they take effect and are 

applicable. 

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 

2022 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. 

IV. Correction of Errors 

In FR Doc. 2021–24011 of November 

16, 2021 (86 FR 63458), we are making 

the following corrections: 

1. On page 63463, second column, 

first full paragraph, line 9, ‘‘1.1 percent’’ 

is corrected to read ‘‘1.6 percent’’. 

2. On page 63490, third column, third 

full paragraph, in lines 13 through 16, 

the text ‘‘One commenter, a hospital 

association, also supported CMS’s 

proposal to continue to unpackage 

Omidria in the ASC setting’’ is corrected 

to read ‘‘Several commenters, including 

several hospital associations and 

ophthalmology professional societies, 

also provided broad support for CMS’s 

proposal to continue to unpackage 

Omidria in the ASC setting.’’ 

3. On page 63497, the title of the table 

is corrected to read: 


jspears on DSK121TN23PROD with RULES1
2062 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 

‘‘TABLE 4: SUMMARY OF PRODUCTS 

MEETING CMS’S CRITERIA FOR 

SEPARATE PAYMENT IN THE ASC 

SETTING UNDER THE NON-OPIOID 

PAIN MANAGEMENT DRUGS THAT 

FUNCTION AS A SURGICAL SUPPLY 

PACKAGING POLICY.’’ 

4. On page 63543, third column, 

second full paragraph, the text ‘‘We 

believe that APC 1526 (New 

Technology—Level 26 ($4001–$4500)), 

with a payment rate of $4,250.50, most 

accurately accounts for the resources 

associated with furnishing MIGS’’ is 

corrected to read ‘‘We believe that APC 

1563 (New Technology—Level 26 

($4001–$4500)), with a payment rate of 

$4,250.50, most accurately accounts for 

the resources associated with furnishing 

MIGS.’’ 

5. On page 63544, first column, 

second paragraph, the sentence ‘‘In 

summary, after consideration of the 

public comments, we are finalizing the 

reassignment of CPT codes 66989 and 

66991 to APC 1526 and assignment of 

CPT code 0671T to APC 5491’’ is 

corrected to read ‘‘In summary, after 

consideration of the public comments, 

we are finalizing the reassignment of 

CPT codes 66989 and 66991 to APC 

1563 and assignment of CPT code 0671T 

to APC 5491.’’ 

6. On page 63548, second column, in 

the section titled ‘‘6. Calculus 

Aspiration With Lithotripsy Procedure 

(APC 5376),’’ the long descriptor for 

HCPCS code C9761, 

‘‘Cystourethroscopy, with ureteroscopy 

and/or pyeloscopy, with lithotripsy 

(ureteral catheterization is included) 

and vacuum aspiration of the kidney, 

collecting system and urethra if 

applicable,’’ is corrected to read 

‘‘Cystourethroscopy, with ureteroscopy 

and/or pyeloscopy, with lithotripsy, and 

ureteral catheterization for steerable 

vacuum aspiration of the kidney, 

collecting system, ureter, bladder, and 

urethra if applicable.’’ 

7. On page 63549, in ‘‘Table 23: Final 

SI And APC Assignment For HCPCS 

Code C9761,’’ the long descriptor for 

HCPCS C9761 is corrected to read 

‘‘Cystourethroscopy, with ureteroscopy 

and/or pyeloscopy, with lithotripsy, and 

ureteral catheterization for steerable 

vacuum aspiration of the kidney, 

collecting system, ureter, bladder, and 

urethra if applicable’’. 

8. On page 63565, third column, 

before the first full paragraph that reads 

‘‘In summary, after careful consideration 

of the public comments’’ add the 

following text: 

‘‘In addition, at the August 23, 2021 

HOP Panel Meeting, a presenter 

requested that we reassign CPT code 

55880 to APC 5376. Based on the 

information presented, the HOP Panel 

recommended that CMS reassign CPT 

code 55880 to APC 5376 for CY 2022. 

However, as stated above, based on our 

analysis of the claims for this CY 2022 

OPPS/ASC final rule with comment 

period, our data shows a geometric 

mean cost of approximately $5,708 for 

predecessor HCPCS code C9747 based 

on 279 single claims, which is more 

comparable to the geometric mean cost 

of about $4,299 for APC 5375, rather 

than the geometric mean cost of 

approximately $8,042 for APC 5376. 

Consequently, we are not accepting the 

APC Panel’s recommendation to 

reassign CPT code 55880 to APC 5376.’’ 

9. On page 63569, second column, 

after the first partial paragraph and 

before ‘‘IV. OPPS Payment for Devices,’’ 

add the following text: 

‘‘38. Other Procedures/Services 

For CY 2022, we proposed to continue 

to assign the transnasal 

esophagogastroduodenoscopy (EGD) 

CPT codes 0652T 

(Esophagogastroduodenoscopy, flexible, 

transnasal; diagnostic, including 

collection of specimen(s) by brushing or 

washing, when performed (separate 

procedure)) and 0653T 

(Esophagogastroduodenoscopy, flexible, 

transnasal; with biopsy, single or 

multiple) to APC 5301 (Level 1 Upper 

GI Procedures) with a payment rate of 

$830.39. In addition, we proposed to 

assign CPT code 0654T 

(Esophagogastroduodenoscopy, flexible, 

transnasal; with insertion of 

intraluminal tube or catheter) to APC 

5302 (Level 2 Upper GI Procedures) 

with a payment rate of $1,666.59. 

Comment: Some commenters 

requested the reassignment of the 

transnasal EGD procedures to the next 

higher-level APCs within the Upper GI 

series. They stated that the costs for the 

surgical procedures are significantly 

different than the costs associated with 

the analogous transoral EGD CPT codes 

43235, 43239, and 43241, which are 

assigned to the same corresponding 

APCs. Specifically, the commenters 

requested the reassignment of CPT 

codes 0652T and 0653T to APC 5302 

(Level 2 Upper GI Procedures) with a 

payment rate of $1,666.59, and CPT 

code 0654T to APC 5303 (Level 3 Upper 

GI Procedures), with a payment rate of 

$3,160.76. The commenters explained 

that the surgical procedure associated 

with CPT codes 0652T through 0654T 

utilize a new transnasal single-use 

endoscopy system known as EvoEndo 

Model LE Single-Use Gastroscope, 

which has an estimated cost of about 

$1,500. They stated that the EvoEndo 

device is not paid separately as a 

transitional pass-through device because 

it is not described by HCPCS C1748 

(Endoscope, single-use (i.e., disposable), 

upper gi, imaging/illumination device 

(insertable)). The commenters stated 

that HCPCS C1748 was created for the 

EXALT Model D Single-Use 

Duodenoscope, which is used during 

endoscopic retrograde 

cholangiopancreatography (ERCP) 

procedures. 

In addition, based on the cost of the 

EvoEndo device that is used in the 

procedure, the commenters agreed with 

the device-intensive assignment for the 

codes under the ASC payment system. 

Response: Because the codes are new 

for CY 2021 and we have no claims data 

available for OPPS ratesetting, we 

believe that we should maintain the 

APC assignments for CPT codes 0652T 

and 0653T to APC 5301, and 0654T to 

APC 5302. However, once we have 

claims data, we will review the APC 

assignments and determine whether a 

change is necessary. We note that we 

review, on an annual basis, the APC 

assignments for all items and services 

paid under the OPPS. In addition, we 

thank the commenters for their input on 

the device-intensive status for the codes 

under the ASC payment system. 

In summary, after consideration of the 

public comments, we are finalizing our 

proposal, without modifications. 

Specifically, we are assigning CPT codes 

0652T and 0653T to APC 5301, and CPT 

code 0654T to APC 5302 for CY 2022. 

In addition, we are finalizing the deviceintensive status for the codes for CY 

2022. The final CY 2022 payment rates 

for the codes can be found in 

Addendum B to the CY 2022 OPPS/ASC 

final rule with comment period. We 

refer readers to Addendum D1 of this 

final rule with comment period for the 

status indicator (SI) meanings for all 

codes reported under the OPPS. Both 

Addendum B and D1 are available via 

the internet on the CMS website. 

Finally, for the final ASC Device Offset 

Percentages for CY 2022, we refer 

readers to ASC Addendum FF of this 

final rule with comment period.’’ 

10. On page 63633, ‘‘Table 39: Drugs 

and Biologicals with Pass-Through 

Payment Status Expiring after CY 2022,’’ 

fourth row, third column titled ‘‘Long 

Descriptor,’’ the figure ‘‘100 mg’’ is 

corrected to read ‘‘10 mg’’. 

11. On Page 63634, in ‘‘Table 39: 

Drugs and Biologicals with PassThrough Payment Status Expiring after 

CY 2022,’’ at the end of the table, add 

the following row to read as follows: 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 2063 

12. On page 63812, the last sentence 

of the second column is corrected to 

read, ‘‘Based on updated data for this 

final rule with comment period, the 

final CY 2022 ASC weight scalar is 

0.8546.’’ 

13. On page 63845, first column; 

under section ‘‘b. OP–31: Cataracts,’’ in 

lines 4–6, ‘‘CY 2023 Reporting Period/ 

CY 2025 Payment Determination’’ is 

corrected to read ‘‘CY 2025 Reporting 

Period/CY 2027 Payment 

Determination.’’ 

14. On page 63847, Table 63, in the 

second footnote, the text ‘‘CY 2023 

reporting period/CY 2025 payment 

determination’’ is corrected to read ‘‘CY 

2025 reporting period/CY 2027 payment 

determination’’. 

15. On page 63849, Table 65, add the 

footnote ‘‘*** OP–31 measure is 

voluntarily collected as set forth in the 

CY 2015 OPPS/ASC final rule with 

comment period (79 FR 66946 through 

66947).’’ 

16. On page 63892, Table 69, remove 

the footnote ‘‘** We note that, if 

adoption finalized, an ASC/measure 

number will be assigned for this 

measure in the final rule.’’ 

17. On page 63894, Table 71 is revised 

to read as follows: 

BILLING CODE 4120–01–P 


jspears on DSK121TN23PROD with RULES1ER13JA22.003</GPH>
2064 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 


jspears on DSK121TN23PROD with RULES1ER13JA22.004</GPH>
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 2065 

1 82 FR 58348. 

2 82 FR 27431. 

3OMB Memorandum M–22–07 (December 15, 

2021). 

17. On page 63917, second column, 

first full paragraph, 

a. In lines 4–5, the word ‘‘be’’ is 

inserted between ‘‘will’’ and 

‘‘included’’. 

b. In line 18, the first instance of the 

word ‘‘of’’ is corrected to read ‘‘at’’. 

18. On page 63937, first column, 

second partial paragraph, in line 23, 

remove the term ‘‘RO’’ between the 

words ‘‘that’’ and ‘‘if’’. 

19. On page 63940, second column, 

first full paragraph, in line 12, insert a 

period between the words ‘‘expires’’ and 

‘‘CMS’’. 

20. On page 63978, in Table 84, 

‘‘Estimated Impact of the CY 2022 

Changes for the Hospital Outpatient 

Prospective Payment System,’’ the row 

for ‘‘CMHCs’’ is revised to read as 

follows: 

21. On page 63979, 

a. First column, 

1. First paragraph, in line 18, ‘‘1.1 

percent’’ is corrected to read ‘‘1.6 

percent’’. 

2. Second paragraph, 

a. In line 4, ‘‘1.0 percent’’ is corrected 

to read ‘‘0.5 percent’’. 

b. In line 9, ‘‘1.4 percent’’ is corrected 

to read ‘‘1.9 percent’’. 

c. In line 12, ‘‘1.1 percent’’ is 

corrected to read ‘‘1.6 percent’’. 

22. On page 63980, first column, first 

paragraph, in line 10, ‘‘0.8552’’ is 

corrected to read ‘‘0.8546’’. 

23. On page 63987, Table 91, 

‘‘Estimates of Medicare Program Savings 

(Millions $) for Radiation Oncology 

Model (Starting January 1, 2022),’’ in the 

‘‘Total’’ column, ‘‘Part B Premium 

Revenue Offset’’ line, the figure ‘‘50’’ is 

corrected to read ‘‘40’’. 

Karuna Seshasai, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2022–00573 Filed 1–12–22; 8:45 am] 

BILLING CODE 4120–01–C 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

45 CFR Parts 1149 and 1158 

RIN 3135–AA33 

Civil Penalties Adjustment for 2022 

AGENCY: National Endowment for the 

Arts, National Foundation on the Arts 

and the Humanities. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Arts (NEA) is adjusting the 

maximum civil monetary penalties 

(CMPs) that may be imposed for 

violations of the Program Fraud Civil 

Remedies Act (PFCRA) and the NEA’s 

Restrictions on Lobbying to reflect the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act). The 2015 Act further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the Inflation 

Adjustment Act) to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

This final rule provides the 2022 annual 

inflation adjustments to the initial 

‘‘catch-up’’ adjustments made on June 

15, 2017, and reflects all other inflation 

adjustments made in the interim. 

DATES: This rule is effective January 13, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Fishman, Assistant General 

Counsel, National Endowment for the 

Arts, 400 7th St. SW, Washington, DC 

20506, Telephone: 202–682–5418. 

SUPPLEMENTARY INFORMATION: 

1. Background 

On December 12, 2017 the NEA 

issued a final rule entitled ‘‘Federal 

Civil Penalties Adjustments’’ 1 which 

finalized the NEA’s June 15, 2017 

interim final rule entitled 

‘‘Implementing the Federal Civil 

Penalties Adjustment Act Improvements 

Act’’,2 implementing the 2015 Act 

(section 701 of Pub. L. 114–74), which 

amended the Inflation Adjustment Act 

(28 U.S.C. 2461 note) requiring catch-up 

and annual adjustments to the NEA’s 

CMPs. The 2015 Act requires agencies 

make annual adjustments to its CMPs 

for inflation. 

A CMP is defined in the Inflation 

Adjustment Act as any penalty, fine, or 

other sanction that is (1) for a specific 

monetary amount as provided by 

Federal law, or has a maximum amount 

provided for by Federal law; (2) 

assessed or enforced by an agency 

pursuant to Federal law; and (3) 

assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

These annual inflation adjustments 

are based on the percentage change in 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October preceding the date of the 

adjustment, relative to the October CPI– 

U in the year of the previous 

adjustment. The formula for the amount 

of a CMP inflation adjustment is 

prescribed by law, as explained in OMB 

Memorandum M–16–06 (February 24, 

2016), and therefore the amount of the 

adjustment is not subject to the exercise 

of discretion by the Chairman of the 

National Endowment for the Arts 

(Chairman). 

The Office of Management and Budget 

has issued guidance on implementing 

and calculating the 2022 adjustment 

under the 2015 Act.3 Per this guidance, 

the CPI–U adjustment multiplier for this 

annual adjustment is 1.06222. In its 

prior rules, the NEA identified two 

CMPs, which require adjustment: The 

penalty for false statements under the 

PFCRA and the penalty for violations of 

the NEA’s Restrictions on Lobbying. 

With this rule, the NEA is adjusting the 

amount of those CMPs accordingly. 

2. Dates of Applicability 

The inflation adjustments contained 

in this rule shall apply to any violations 

assessed after January 15, 2022. 

3. Adjustments 

Two CMPs in NEA regulations require 

adjustment in accordance with the 2015 

Act: (1) The penalty associated with the 

Program Fraud Civil Remedies Act (45 

CFR 1149.9) and (2) the penalty 

associated with Restrictions on 

Lobbying (45 CFR 1158.400; 45 CFR part 

1158, app. A). 

A. Adjustments to Penalties Under the 

NEA’s Program Fraud Civil Remedies 

Act Regulations. 

The current maximum penalty under 

the PFCRA for false claims and 

statements is currently set at $11,802. 

The post-adjustment penalty or range is 

obtained by multiplying the preadjustment penalty or range by the 

percent change in the CPI–U over the 

relevant time period and rounding to 


jspears on DSK121TN23PROD with RULES1ER13JA22.005</GPH>