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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7746-7748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02623]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 403, 405, 410, 411, 414, 415, 423, 424, and 425

[CMS-1751-F2]
RIN-0938-AU42

Medicare Program; CY 2022 Payment Policies Under the Physician 
Fee Schedule and Other Changes to Part B Payment Policies; Medicare 
Shared Savings Program Requirements; Provider Enrollment Regulation 
Updates; Provider and Supplier Prepayment and Post-Payment Medical 
Review Requirements; Corrections

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

ACTION: Final rule; correction and correcting amendment.

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SUMMARY: In the November 19, 2021 issue of the Federal Register, we 
published a final rule entitled ``Medicare Program; CY 2022 Payment 
Policies Under the Physician Fee Schedule and Other Changes to Part B 
Payment Policies; Medicare Shared Savings Program Requirements; 
Provider Enrollment Regulation Updates; and Provider and Supplier 
Prepayment and Post-Payment Medical Review Requirements'' (referred to 
hereafter as the ``CY 2022 PFS final rule''). The effective date was 
January 1, 2022. This document corrects a limited number of technical 
and typographical errors identified in the November 19, 2021 final 
rule.

DATES: This document is effective February 10, 2022, and is applicable 
beginning January 1, 2022.

FOR FURTHER INFORMATION CONTACT: Terri Plumb, (410) 786-4481, Gaysha 
Brooks, (410) 786-9649, or Annette Brewer (410) 786 6580.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2021-23972 of November 19, 2021, the CY 2022 PFS final 
rule (86 FR 64996), there were technical errors that are identified and 
corrected in this

[[Page 7747]]

correcting document. These corrections are applicable as if they had 
been included in the CY 2022 PFS final rule, which was effective 
January 1, 2022.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 65059, in discussing the policy we finalized for certain 
mental health telehealth services, we made a typographical error in 
indicating the number of months within which the physician or 
practitioner must have furnished an item or service in person, without 
the use of telehealth.
    On page 65132 in Table 20: CY 2022 Work RVUs for New, Revised and 
Potentially Misvalued Codes, due to a clerical error in which the 
incorrect version of the table was included, the listed CMS work RVUs 
for CPT codes 64633 and 66989 are incorrect.
    On page 65133, in Table 20: CY 2022 Work RVUs for New, Revised and 
Potentially Misvalued Codes, due to the same clerical error, the listed 
CMS work RVU for CPT code 66991 is incorrect.
    On page 65274, in bulleted paragraph describing Chronic Care 
Management (CCM), due to a clerical error, the description of CPT code 
99X21 is inaccurate.
    On page 65501, we made typographical errors in the year 
designations of the performance period and MIPS payment year.

B. Summary of Errors in the Regulations Text

    On page 65674, we made typographical errors in the year 
designations of the performance period and MIPS payment year.

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 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 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) 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 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 2022 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 2022 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 2022 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.

IV. Correction of Errors in Preamble

    In FR Doc. 2021-23972 of November 19, 2021 (86 FR 64996) make the 
following corrections:
    1. On page 65059, the sentence that continues at the top of the 
second column, line 2, the phrase ``6 months'' is corrected to read 
``12 months''.
    2. On page 65132, in Table 20: CY 2022 Work RVUs for New, Revised 
and Potentially Misvalued Codes, for CPT code 64633, fifth column, the 
second full row, the CMS work RVU that reads ``3.31'' is corrected to 
read ``3.32'' and for CPT code 66989, fifth column, the last row, the 
CMS work RVU that reads ``10.31'' is corrected to read ``12.13''.
    3. On page 65133, in Table 20: CY 2022 Work RVUs for New, Revised 
and Potentially Misvalued Codes, for CPT code 66991, fifth column, the 
second full row, the CMS work RVU that reads ``7.41'' is corrected to 
read ``9.23''.
    4. On page 65274, second column, first full bulleted paragraph, 
lines 5 through 8, the phrase ``CCM services furnished by clinical 
staff under the supervision of a physician or NPP who can bill E/M 
services, and'' is removed.
    5. On page 65501:
    a. The second column, first full paragraph, lines 4 through 6 that 
read ``beginning with the CY 2023 performance period/2025 MIPS payment 
year'' are corrected to read ``beginning with the CY 2022 performance 
period/2024 MIPS payment year.''
    b. The third column, first full paragraph, lines 3 through 5 that 
read ``beginning with the CY 2023 performance period/2025 MIPS payment 
year'' are corrected to read ``beginning with the CY 2022 performance 
period/2024 MIPS payment year.''

List of Subjects in 42 CFR Part 414

    Administrative practice and procedure, Biologics, Diseases, Drugs, 
Health facilities, Health professions, Medicare, Reporting and 
recordkeeping requirements.

    For the reasons set forth in the preamble, CMS corrects 42 CFR part 
414 by making the following correcting amendments:

PART 414--PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES

0
1. The authority citation for part 414 continues to read as follows:

    Authority: 42 U.S.C. 1302, 1395hh, and 1395rr(b)(l).

Sec.  414.1380   [Amended]

0
2. Amend Sec.  414.1380 by:
0
a. In paragraph (b)(1)(i)(A)(3), removing the text ``Beginning with the 
CY 2023 performance period/2025 MIPS payment year'' and adding in its 
place

[[Page 7748]]

the text ``Beginning with the CY 2022 performance period/2024 MIPS 
payment year''.
0
b. In paragraph (b)(1)(i)(C), removing the text ``Beginning with the CY 
2023 performance period/2025 MIPS payment year'' and adding in its 
place the text ``Beginning with the CY 2022 performance period/2024 
MIPS payment year''.

Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2022-02623 Filed 2-9-22; 8:45 am]
BILLING CODE 4120-01-P
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