```

[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Rules and Regulations]
[Pages 104064-104066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30169]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 424, 483, and 484

[CMS-1803-CN]
RIN 0938-AV28

Medicare Program; Calendar Year (CY) 2025 Home Health Prospective 
Payment System (HH PPS) Rate Update; HH Quality Reporting Program 
Requirements; HH Value-Based Purchasing Expanded Model Requirements; 
Home Intravenous Immune Globulin (IVIG) Items and Services Rate Update; 
and Other Medicare Policies; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: This document corrects technical errors in the final rule that 
appeared in the November 7, 2024, Federal Register titled ``Medicare 
Program; Calendar Year (CY) 2025 Home Health Prospective Payment System 
(HH PPS) Rate Update; HH Quality Reporting Program Requirements; HH 
Value-Based Purchasing Expanded Model Requirements; Home Intravenous 
Immune Globulin (IVIG) Items and Services Rate Update; and Other 
Medicare Policies''.

DATES: This correction is effective January 1, 2025.

FOR FURTHER INFORMATION CONTACT: Brian Slater, (410) 786-5229, for home 
health and home IVIG payment inquiries.
    For questions about the Home Health Quality Reporting Program (HH 
QRP), send your inquiry via email to [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2024-25441 of November 7, 2024 (89 FR 88354), there were 
technical and typographical errors that

[[Page 104065]]

are identified and corrected in the Correction of Errors section of 
this correcting document. Accordingly, the corrections are effective 
January 1, 2025.

II. Summary of Errors

    On page 88375, in the table titled ``Table 7: Final OASIS Points 
Table for CY 2025'', we made a typographical error in a column heading.
    On page 88376, in the table titled ``Table 8: Final Thresholds for 
Functional Levels by Clinical Group, For CY 2025'', we made a 
typographical error in a column heading.
    On page 88378, in the table titled ``Table 9: Low Comorbidity 
Adjustment Subgroups for CY 2025'', we made typographical and technical 
errors in two low comorbidity subgroups/descriptions and the table 
note.
    On pages 88431 and 88432, in our discussion of the Home Health 
Quality Reporting Program (HHQRP) quality measures, we made 
typographical errors in calendar year for which the measures are 
adopted.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rulemaking 
in the Federal Register before the provisions of a rule take effect. 
Similarly, section 1871(b)(1) of the Social Security Act (the Act) 
requires the Secretary to provide for notice of the proposed rulemaking 
in the Federal Register and provide a period of not less than 60 days 
for public comment. In addition, section 553(d) of the APA, and section 
1871(e)(1)(B)(i) of the Act mandate a 30-day delay in effective date 
after issuance or publication of a rule. Sections 553(b)(B) and 
553(d)(3) of the APA provide for exceptions from the notice and comment 
and delay in effective date APA requirements; in cases in which these 
exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the 
Act provide exceptions from the notice and 60-day comment period and 
delay in effective date requirements of the Act as well. Section 
553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an 
agency to dispense with normal rulemaking requirements for good cause 
if the agency makes a finding that the notice and comment process are 
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 final rule correction does not constitute a 
rule that would be subject to the notice and comment or delayed 
effective date requirements. This document corrects technical errors in 
the preamble of the CY 2025 HH PPS final rule but does not make 
substantive changes to the policies or payment methodologies that were 
adopted in the final rule. As a result, this final rule correction is 
intended to ensure that the information in the CY 2025 HH PPS final 
rule accurately reflects the policies adopted in that document.
    In addition, even if this were a rule to which the notice and 
comment procedures and delayed effective date requirements applied, we 
find that there is good cause to waive such requirements. Undertaking 
further notice and comment procedures to incorporate the corrections in 
this 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 information regarding the relevant 
Medicare payment policy in as timely a manner as possible, and to 
ensure that the CY 2025 HH PPS final rule accurately reflects our 
policies. Furthermore, such procedures would be unnecessary, as we are 
not altering our payment methodologies or policies, but rather, we are 
simply implementing correctly the methodologies and policies that we 
previously proposed, requested comment on, and subsequently finalized. 
This final rule correction is intended solely to ensure that the CY 
2025 HH PPS final rule accurately reflects these payment methodologies 
and policies. Therefore, we believe we have good cause to waive the 
notice and comment and effective date requirements. Moreover, even if 
these corrections were considered to be retroactive rulemaking, they 
would be authorized under section 1871(e)(1)(A)(ii) of the Act, which 
permits the Secretary to issue a rule for the Medicare program with 
retroactive effect if the failure to do so would be contrary to the 
public interest. As we have explained previously, we believe it would 
be contrary to the public interest not to implement the corrections in 
this final rule correction for changes effective on November 1, 2024, 
because it is in the public's interest for providers to receive 
information regarding the relevant Medicare payment policy in as timely 
a manner as possible, and to ensure that the CY 2025 HH PPS final rule 
accurately reflects our policies.

Corrections

    In FR Doc. 2024-25441 of November 7, 2024 (89 FR 88354), we make 
the following corrections:
    1. On page 88375, in the table titled ``Table 7: Final OASIS Points 
Table for CY 2025'', header row, third column, the column heading 
``Points (2023)'' is corrected to read ``Points (2025)''.
    2. On page 88376, in the table titled ``Table 8: Final Thresholds 
for Functional Levels by Clinical Group, For CY 2025'', header row, 
last column, the column heading ``Points (2023)'' is corrected to read 
``Points (2025)''.
    3. On page 88378, in the table titled ``Table 9: Low Comorbidity 
Adjustment Subgroups for CY 2025'' is corrected as follows:

Table 9: Low Comorbidity Adjustment Subgroups for CY 2025

    a. After the third row (entry for Circulatory 2) adding the 
following entry:
[GRAPHIC] [TIFF OMITTED] TR20DE24.016

    b. Removing the 14th row (entry for Neoplasms 2).
    c. Following the table, the note ``Source: CY 2023 Home Health 
Claims Data, Periods that end in CY 2022 accessed on the CCW July 11, 
2024.'' is corrected to read ``Source: CY 2023 Home Health Claims Data, 
Periods that end in CY 2023 accessed on the CCW July 11, 2024.''.
    4. On page 88431, third column
    a. First full paragraph, lines 6 and 7, the phrase ``In 2022, CMS 
tested'' is corrected to read ``In 2023, CMS tested''.
    b. Fifth full paragraph, line 2, the section heading ``C. Quality 
Measures Currently Adopted for the CY 2024 HH QRP'' is corrected to 
read ``C. Quality Measures Currently Adopted for the CY 2025 HH QRP''

[[Page 104066]]

    c. Last paragraph, line 2, the year ``CY 2024'' is corrected to 
read ``CY 2025''.
    5. On page 88432, in the table titled ``Table 26: Measures 
Currently Adopted for the CY 2024 HH QRP'' the table heading is 
corrected to read ``Table 26: Measures Currently Adopted for the CY 
2025 HH QRP''.

Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2024-30169 Filed 12-19-24; 8:45 am]
BILLING CODE 4120-01-P
```