Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Rules and Regulations 217 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 7, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 30, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(388)(i)(B)(2), (3), 

(4) and (5) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(388) * * * 

(i) * * * 

(B) * * * 

(2) Rule 4103, ‘‘Open Burning,’’ 

amended on April 15, 2010, not 

effective until June 1, 2010. 

(3) Table 9–1, Revised Proposed Staff 

Report and Recommendations on 

Agricultural Burning, approved on May 

20, 2010. 

(4) San Joaquin Valley Air Pollution 

Control District, Resolution No. 10–05– 

22, adopted on May 20, 2010. 

(5) California Air Resources Board, 

Resolution 10–24, adopted on May 27, 

2010. 

* * * * * 

[FR Doc. 2011–33660 Filed 1–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 411, 416, 419, 489, 

and 495 

[CMS–1525–CN] 

RIN 0938–AQ26 

Medicare and Medicaid Programs: 

Hospital Outpatient Prospective 

Payment; Ambulatory Surgical Center 

Payment; Hospital Value-Based 

Purchasing Program; Physician SelfReferral; and Patient Notification 

Requirements in Provider Agreements; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule with 

comment period. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule with comment period 

published in the Federal Register on 

November 30, 2011, entitled ‘‘Medicare 

and Medicaid Programs: Hospital 

Outpatient Prospective Payment; 

Ambulatory Surgical Center Payment; 

Hospital Value-Based Purchasing 

Program; Physician Self-Referral; and 

Patient Notification Requirements in 

Provider Agreements.’’ 

DATES: Effective Date: This correction is 

effective January 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Marjorie Baldo, (410) 786–0378, 

Hospital outpatient prospective 

payment issues. James Poyer, (410) 786– 

2261, and Donald Howard, (410) 786– 

6764, Hospital Value-Based Purchasing 

(VBP) Program Issues. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2011–28612 of November 

30, 2011 (76 FR 74122), (hereinafter 

referred to as the CY 2012 OPPS/ASC 

final rule with comment period), there 

were a number of technical errors that 

are identified and corrected in the 

Correction of Errors section below. The 

provisions in this correction document 

are effective as if they had been 

included in the CY 2012 OPPS/ASC 

final rule with comment period (76 FR 

74122) appearing in the November 30, 

2011 Federal Register. Accordingly, the 

corrections are effective January 1, 2012. 


wreier-aviles on DSK3TPTVN1PROD with RULES
218 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Rules and Regulations 

II. Summary of Errors 

A. Outpatient Prospective Payment 

System and Ambulatory Surgical Center 

Payment System Corrections 

In the CY 2012 OPPS/ASC final rule 

with comment period, we finalized a 

continuation of our policy to exclude 

line items that were eligible for payment 

in the claims year but did not meet the 

Medicare requirements for payment (76 

FR 74141). Line items that did not meet 

the requirements for Medicare payment 

were rejected or denied during claims 

processing. It is our longstanding policy 

to not use line items that were rejected 

or denied for payment for modeling 

costs under the OPPS. In reviewing the 

claims data used to establish the APC 

median costs for the CY 2012 OPPS/ 

ASC final rule with comment period, we 

discovered that the trim of unpaid lines 

was not applied correctly. We have 

corrected our programming logic in the 

OPPS data process to apply the line 

item trim correctly and have 

recalculated the median costs for each 

separately paid service using the claims 

that result from the correctly applied 

trim. We note that no other changes 

were made to the programming logic 

described in the CY 2012 OPPS/ASC 

final (see 76 FR 74141). 

The correct application of the line 

item based trim has an impact on the 

APC median costs used to establish the 

relative payment, which impacts the CY 

2012 OPPS/ASC payment rates, 

copayments, outlier threshold, and 

impacts. Due to the APC median costs 

changes, we had to recalculate the 

budget neutral weight scaler. Using the 

updated unscaled relative weights, the 

CY 2012 budget neutrality weight scaler 

changed from 1.3588 to 1.3585 (see 76 

FR 74189). The changes associated with 

the revised APC median costs and the 

corrected budget neutrality weight 

scaler have no further impact on budget 

neutrality, in particular, those applied 

to the CY 2012 conversion factor. The 

correct application of the line item trim 

changed the data used to model the CY 

2012 fixed-dollar outlier threshold. 

Using the corrected set of claims data, 

the CY 2012 OPPS/ASC fixed-dollar 

outlier threshold changed from $1,900 

to $2,025 (see 76 FR 74209). 

Also, as a result of the recalculated 

median costs, the APCs now displays 

violations of the two times rule, which 

caused the following APC codes to be 

added: APC 0105 Repair/Revision/ 

Removal of Pacemakers, AICDs and 

Vascular Access Devices, APC 0263, 

Level I Miscellaneous Radiology 

Procedures, and APC 0655, Insertion/ 

Replacement/Conversion of a 

Permanent Dual Chamber Pacing 

Electrode. 

In addition, the recalculated median 

costs caused several APCs to no longer 

display violations of the two times rule, 

which caused the following APSC codes 

to be removed: APC 0262 Plain Film of 

Teeth, APC 0341 Skin Tests and APC 

0660 Level II Otorhynolaryngologic 

Function Tests. We are revising Table 

19—Final APC Exceptions to the 2 

Times Rule for CY 2012 (76 FR 74227) 

to reflect these changes. 

Furthermore, we made changes to 

Table 59—Estimated Impact of the Final 

CY 2012 Changes for the Hospital 

Outpatient Prospective Payments 

System (76 FR 74562) and the 

correlating preamble language (76 FR 

74570). Specifically, a hospital that had 

submitted a claim containing a single 

line for which no payment was made, is 

no longer represented in the data, 

therefore, the number of facilities whose 

claims are represented in the data 

declined from 4,161 to 4,160, and the 

number of hospitals declined from 3,895 

to 3,894 (see 76 FR 74558). Because of 

the trim of lines for which no payment 

was made from the single procedure 

bills from the remaining hospitals, the 

number of hospitals by category, and the 

impact for the categories have minor 

changes. In addition to the minor 

changes to the number of hospitals and 

the impacts by category of hospital, the 

estimated increase for all facilities and 

all hospitals when all changes are 

accounted for declines from 1.9 percent 

to 1.8 percent because the CY 2011 

threshold models as if it were paying 1.0 

percent of total payment for outliers 

rather than 0.93 percent. Therefore, the 

estimated total increase in payment 

based on the technical corrections noted 

above results in a decline of 0.1 percent. 

To view the revised payment rates 

that result from the changed median 

costs, we refer readers to the Addenda 

and supporting files that are posted on 

the CMS Web site at: http://www.cms.

gov/HospitalOutpatientPPS/HORD. 

Select ‘‘CMS–1525–FC’’ from the list of 

regulations. All revised Addenda for 

this correction document are contained 

in the zipped folder entitled ‘‘2012 

OPPS FC Addenda’’ at the bottom of the 

page for CMS–1525–FC. The corrected 

CY 2012 table of updated offset amounts 

is posted on the OPPS Web site under 

‘‘Annual Policy Files,’’ which is found 

on the left side of the page. The 

corrected CY 2012 OPPS file of median 

costs is found under supporting 

documentation for CMS–1525–FC. 

ASC payment rates are based on the 

OPPS relative payment weights for the 

majority of services that are provided at 

ASCs. Therefore, the correct application 

of the line item based trim also has an 

impact on the CY 2012 ASC relative 

payment weights and ASC payment 

rates. Due to the changes to the OPPS 

relative payment weights, we had to 

recalculate the budget neutral ASC 

weight scaler (see 76 FR 74447 and 

74448). Using the updated scaled OPPS 

relative weights, the CY 2012 budget 

neutrality ASC weight scaler changed 

from 0.9466 to 0.9477 (76 FR 74448). 

The changes associated with the revised 

OPPS relative payment weights and the 

corrected budget neutrality CY 2012 

ASC weight scaler have no impact on 

the CY 2012 ASC conversion factor. To 

view the revised ASC payment rates that 

result from the revised ASC relative 

payment weights, see the ASC Addenda 

that are posted on the CMS Web site at: 

http://www.cms.gov/ASCPayment/

ASCRN. Select ‘‘CMS–1525–FC’’ from 

the list of regulations. All revised ASC 

addenda for this correction document 

are contained in the zipped folder 

entitled ‘‘Addenda AA, BB, DD1, DD2, 

and EE’’ at the bottom of the page for 

CMS–1525–FC. 

In addition to the incorrect 

application of the line item based trim, 

we failed to recognize that existing 

HCPCS code C9716 (Creations of 

thermal anal lesions by radiofrequency 

energy) was replaced with new CPT 

code 0288T (Anoscopy, with delivery of 

thermal energy to the muscle of the anal 

canal) (for example, for fecal 

incontinence). For CY 2012, the CPT 

Editorial Panel created new CPT code 

0288T. Before CY 2012, this procedure 

was described by the Healthcare 

Common Procedure Coding System 

(HCPCS) as code C9716. In Addendum 

B of the CY 2012 OPPS/ASC final rule 

with comment period, both HCPCS code 

C9716 and 0288T were assigned to 

specific APCs. Specifically, HCPCS code 

C9716 has been assigned to APC 0150 

(Level IV Anal/Rectal Procedures) and 

CPT code 0288T was mistakenly 

assigned to APC 0148 (Level I Anal/ 

Rectal Procedures). Because HCPCS 

code C9716 and CPT code 0288T 

describe the same procedure, CMS is 

deleting HCPCS code C9716 on 

December 31, 2011, since it will be 

replaced with CPT code 0288T effective 

January 1, 2012. In addition, the APC 

assignment of CPT code 0288T will be 

corrected from APC 0148 to APC 0150 

effective January 1, 2012. Since 0288T 

replaces C9716, it should have been 

assigned to the same APC that C9716 

was assigned, APC 150. In addition, we 

neglected to reflect the inclusion of new 

HCPCS code G0451 (Development 

testing, with interpretation and report, 

per standardized instrument form) in 


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the mental health composite (APC 0034) 

and mistakenly assigned it status 

indicator ’’S’’. We have corrected this 

error and assigned status indicator ‘‘Q3’’ 

to HCPCS code G0451. These 

corrections are included in the revised 

OPPS and ASC addenda which are 

posted to the CMS Web site at http://

www.cms.gov/HospitalOutpatientPPS/

HORD. 

In addition, the CY 2012 Statewide 

Average CCRs displayed in Table 11 (76 

FR 74195 through 74198) and in the 

Annual Policy Files section on the CMS 

Web site at http://www.cms.gov/

HospitalOutpatientPPS/have also been 

revised for CY 2012 and CY 2011 Costto-Charge Ratio (CCR) values. The tables 

incorrectly contain CY 2012 proposed 

rule CCR values as the Final CY 2012 

Default CCR for Table 11 and as the 

Previous Default CCRs in the Annual 

Policy file. CMS uses overall hospitalspecific CCRs calculated from the 

hospital’s most recent cost report to 

determine outlier payments, payments 

for pass-through devices, and monthly 

interim transitional corridor payments 

under the OPPS during the PPS year. 

Medicare contractors cannot calculate a 

CCR for some hospitals because there is 

no cost report available. For these 

hospitals, CMS uses the Statewide 

average default CCRs to determine the 

payments mentioned above until a 

hospital’s Medicare contractor is able to 

calculate the hospital’s actual CCR from 

its most recently submitted Medicare 

cost report. These hospitals include, but 

are not limited to, hospitals that are 

new, have not accepted assignment of 

an existing hospital’s provider 

agreement, and have not yet submitted 

a cost report. 

We are correcting an amendatory 

instruction in regulations text § 416.171. 

In the amendatory instructions for 

§ 416.171, we inadvertently revised the 

entire paragraph (b). Paragraph (b) 

contains 3 subparagraphs, (b)(1) through 

(3), respectively. We intended only to 

revise paragraph (b) introductory text, 

while making no additional changes to 

the subparagraphs. Therefore, we are 

correcting this error. 

B. Hospital Value-Based Purchasing 

Corrections 

Section 1886(o)(1)(C)(iii) of the Act 

requires the Secretary to conduct an 

independent analysis of appropriate 

minimum numbers of cases and 

measures for scoring under the Hospital 

Inpatient Value-Based Purchasing 

Program. In the CY 2012 OPPS/ASC 

final rule with comment period, we 

inappropriately referred to analyses 

performed by Brandeis University and 

Mathematica Policy Research together 

despite their slightly differing subjects 

and implications for CMS policies. This 

document corrects the erroneous 

references. 

III. Waiver of Proposed Rulemaking 

and the 30-Day Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). We also 

ordinarily provide a 30-day delay in the 

effective date of the provisions of a 

notice in accordance with section 553(d) 

of the APA (5 U.S.C. 553(d)). However, 

we can waive both the notice and 

comment procedure and the 30-day 

delay in effective date if the Secretary 

finds, for good cause, that it is 

impracticable, unnecessary, or contrary 

to the public interest to follow the 

notice and comment procedure or to 

comply with the 30-day delay in the 

effective date, and incorporates a 

statement of the finding and the reasons 

therefore in the notice. 

The policies and payment 

methodologies finalized in the CY 2012 

OPPS/ASC final rule with comment 

period have previously been subjected 

to notice and comment procedures. This 

correction notice merely provides 

technical corrections to the CY 2012 

OPPS/ASC final rule with comment 

period that was promulgated through 

notice and comment rulemaking, and 

does not make substantive changes to 

the policies or payment methodologies 

that were finalized in the final rule with 

comment period. For example, to 

conform the document to the final 

policies of the CY 2012 OPPS/ASC final, 

this notice makes changes to revise 

inaccurate tabular information. 

Therefore, we find it unnecessary to 

undertake further notice and comment 

procedures with respect to this 

correction notice. In addition, we 

believe it is important for the public to 

have the correct information as soon as 

possible and find no reason to delay the 

dissemination of it. For the reasons 

stated above, we find that both notice 

and comment and the 30-day delay in 

effective date for this correction notice 

are unnecessary. Therefore, we find 

there is good cause to waive notice and 

comment procedures and the 30-day 

delay in effective date for this correction 

notice. 

IV. Correction of Errors 

■ In FR Doc. 2011–28612 of November 

30, 2011 (76 FR 74122), make the 

following corrections: 

A. Outpatient Prospective Payment 

System and Ambulatory Surgical Center 

Payment System Preamble Corrections 

■ 1. On page 74189, in the first column, 

in the second full paragraph, in line 14, 

replace 1.3588 with 1.3585. 

■ 2. On pages 74195 through 74198, 

Table 11—CY2012 Statewide Average 

CCRs, is corrected to read as follows: 

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BILLING CODE 4120–01–C 

■ 3. On page 74208, in the third column, 

in the first response to comment, in line 

17, replace $1,900 with $2,025. 

■ 4. On page 74209, in the first column, 

under the heading ‘‘3. Final Outlier 

Calculation,’’— 

■ A. In the first full paragraph, in line 

31, replace $1,900 with $2,025. 

■ B. In the second paragraph, replace 

$1,900 with $2,025. 

■ 5. On page 74210, in the third column, 

in the third paragraph— 

■ A. In line 16, replace $307.74 with 

$309.46. 

■ B. In line 19, replace $301.59 with 

$303.27. 

■ 6. On page 74210, in the third column, 

in the fourth paragraph— 

■ A. In line 5, replace $242.66 with 

$244.02 and $307.74 with $309.46. 

■ B. In line 8, replace $237.81 with 

$239.14 and $301.59 with $303.27. 

■ C. In lines 10 and 11, replace $123.10 

with $123.78 and replace $307.74 with 

$309.46. 

■ D. In lines 13 and 14, replace $120.63 

with $121.31 and replace $301.59 with 

$303.27. 

■ E. In line 16, replace $365.76 with 

$367.80. 

■ F. In line 17, replace $242.66 with 

$244.02 and $123.10 with $123.78. 

■ G. In line 19, replace $358.44 with 

$360.44 and $237.81 with $239.14, and 

replace $120.63 with $121.31. 

■ 7. On page 74211, in the second 

column, under ‘‘Step 1. Calculate the 

beneficiary* * *.’’— 

■ A. In line 5, replace $61.55 with 

$61.90. 

■ B. In line 7, replace $307.74 with 

$309.46. 

■ 8. On page 74227, in Table 19—Final 

APC Exceptions to the 2 Times Rule for 

CY 2012, the APC codes are revised by 

replacing APC code 0262 with APC 

code 0105, and APC 0341 with APC 

code 0263, and APC 0660 with APC 

code 0655. The APC codes are listed in 

numerical order. 

■ 9. On page 74448, in the third 

column— 

■ A. In the first full paragraph, in line 

6, replace 0.9466 with 0.9477. 

■ B. In the second paragraph, in line 6, 

replace 0.9466 with 0.9477. 

■ 10. On pages 74562 through 74565, 

Table 59—Estimated Impact of the Final 

CY 2012 Changes for the Hospital 


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Outpatient Prospective Payment 

System, is corrected to read as follows: 

BILLING CODE 4120–01–P 


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BILLING CODE 4120–01–C 

■ 11. On page 74570 in the third 

column, in the first full paragraph, in 

line 9, replace 0.9466 with 0.9477. 

B. Hospital Value-Based Purchasing 

Preamble Corrections 

■ 1. On page 74532, second column, 

under heading ‘‘b. Minimum Number of 

Cases for Mortality Measures, AHRQ 

Composite Measures, and HAC 

Measures,’’ first paragraph, lines 1 and 

2, replace ‘‘analyses’’ with ‘‘analysis’’ 

and remove the words ‘‘and 

Mathematica’’. 

■ 2. In line 9, the words ‘‘these 

analyses’’ are corrected to read ‘‘this 

analysis’’. 

■ 3. On page 74534, in the first column, 

under the first response, in line 20, the 

words ‘‘the analyses’’ are corrected to 

read ‘‘the analysis’’. 

■ 4. In line 21, the words ‘‘and 

Mathematica’’ are removed. 


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C. Regulations Text Corrections 

§ 416.171 [Corrected] 

■ 1. On page 74582, in the second 

column, in § 416.171, ‘‘Determination of 

payment rates for ASC services,’’ in 

amendment 7, the instruction ‘‘a. 

Revising paragraph (b)’’ is corrected to 

read ‘‘a. Revising paragraph (b) 

introductory text.’’ 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: December 28, 2011. 

Jennifer Cannistra, 

Executive Secretary to the Department. 

[FR Doc. 2011–33751 Filed 12–30–11; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 414, 415, and 495 

[CMS–1524–CN and CMS–1436–CN] 

RIN 0938–AQ25 and 0938–AQ00 

Medicare Program; Payment Policies 

Under the Physician Fee Schedule, 

Five-Year Review of Work Relative 

Value Units, Clinical Laboratory Fee 

Schedule: Signature on Requisition, 

and Other Revisions to Part B for CY 

2012; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule with 

comment period. 

SUMMARY: This document corrects 

technical errors and typographical 

errors in the final rule with comment 

period entitled ‘‘Medicare Program; 

Payment Policies under the Physician 

Fee Schedule, Five-Year Review of 

Work Relative Value Units, Clinical 

Laboratory Fee Schedule: Signature on 

Requisition, and Other Revisions to Part 

B for CY 2012’’ which appeared in the 

November 28, 2011 Federal Register. 

DATES: This correcting document is 

effective January 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Howe, (410) 786–3355, or Chava 

Sheffield, (410) 786–2298, for issues 

related to the physician fee schedule 

practice expense methodology and 

direct expense inputs. 

Sara Vitolo, (410) 786–5714, for issues 

related to work RVUs. 

Christine Estella, (410) 786–0485, for 

issues related to the Physician Quality 

Reporting System, incentives for 

Electronic Prescribing (eRx) and 

Physician Compare. 

Jamie Hermansen, or (410) 786–2064, or 

Stephanie Frilling, (410) 786–4507, 

for issues related to Annual Wellness 

Visit. 

Rebecca Cole, (410) 786–4497, for issues 

related to physician payment not 

previously identified. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2011–28597 of November 

28, 2011 (76 FR 73026), the final rule 

with comment period entitled 

‘‘Medicare Program; Payment Policies 

under the Physician Fee Schedule, FiveYear Review of Work Relative Value 

Units, Clinical Laboratory Fee Schedule: 

Signature on Requisition, and Other 

Revisions to Part B for CY 2012’’ 

(hereinafter referred to as the CY 2012 

PFS final rule with comment period) 

there were a number of technical errors 

that are identified and corrected in the 

Correction of Errors section. 

Accordingly, the corrections are 

effective January 1, 2012. 

We note that this correction notice 

corrects the CY 2012 PFS final rule with 

comment period which reflects laws in 

effect as of November 1, 2011. Any 

statutory changes to PFS payment after 

November 1, 2011 were not reflected in 

the CY 2012 PFS final rule with 

comment period and are therefore not 

reflected in this correction notice. 

Payment files reflecting current law as 

of January 1, 2012 were made available 

through usual CMS notices and data 

files. 

II. Summary of Errors and Corrections 

to the Addenda Posted on the CMS Web 

Site 

A. Errors in the Preamble 

1. Errors in Work Relative Value Units 

(RVUs) and Time Information 

On pages 73028 and 73208, a 

discussion of CPT codes 96110 

(Developmental screening, with 

interpretation and report, per 

standardized instrument form) and 

G0451 (Development testing, with 

interpretation and report, per 

standardized instrument form) was 

omitted from the final rule due to an 

inadvertent error. We note that we had 

cited a discussion regarding these two 

codes several times throughout the 

preamble. We are correcting this error 

by including our intended discussion 

through this correcting document. 

On page 73141, we are correcting our 

response to comments to accurately 

reflect our policy regarding CPT codes 

53445 (Insertion of inflatable urethral/ 

bladder neck sphincter, including 

placement of pump, reservoir, and cuff) 

and 54410 (Removal and replacement of 

all component(s) of a multi-component, 

inflatable penile prosthesis at the same 

operative session). Due to an 

inadvertent error, the discussion of 

these codes did not reflect our 

discussion of revisions to the times for 

these codes for CY 2012. We include our 

discussion of time policies for these 

codes on an interim final basis for CY 

2012. 

On page 73166, we are correcting an 

inadvertent error in Table 15: CY 2012 

Work RVUs for Services Reviewed in 

the CY 2011 PFS Final Rule with 

Comment Period, the Fourth-Five Year 

Review, and the CY 2012 PFS Proposed 

Rule. This table incorrectly identified 

that no time change had occurred for 

CPT code 53445. 

On pages 73172 and 73178, we are 

correcting Table 16: CY 2011 and AMA 

RUC-Recommended Physician Time 

and Work Values for CY 2012 to 

accurately reflect time values for CPT 

codes 23415 (Coracoacromial ligament 

release, with or without acromioplasty), 

as well as revisions to the times for 

53445 and 54410 already noted. The 

time values for CPT code 23415 that 

were listed in the CY 2012 PFS final 

rule time file were correct, but were 

inadvertently left out of Table 16. The 

time values for CPT codes 53345 and 

54410 that were listed in the CY 2012 

PFS final rule time file were not correct; 

the time file has been corrected to 

reflect correct times for CPT codes 

53445 and 54410, previously discussed. 

We note that the time file that we used 

to calculate RVUs for the CY 2012 PFS 

final rule with comment period did not 

reflect the correct finalized published 

times in Table 16 on pages 73170 

through 73181 for a limited number of 

codes. Specifically, we also have 

corrected the time values in the time file 

for CPT codes 28725 (Arthrodesis; 

subtalar), 28730 (Arthrodesis, midtarsal 

or tarsometatarsal, multiple or 

transverse), 62223 (Creation of shunt; 

ventriculo-peritoneal, -pleural, other 

terminus), 65285 (Repair of laceration; 

cornea and/or sclera, perforating, with 

reposition or resection of uveal tissue), 

73080 (Radiologic examination, elbow; 

complete, minimum of 3 views), 73610 

(Radiologic examination, ankle; 

complete, minimum of 3 views), and 

73630 (Radiologic examination, foot; 

complete, minimum of 3 views) to 

reflect the correct time values in Table 

16. 


wreier-aviles on DSK3TPTVN1PROD with RULES