Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2631 

publication on the recreation area 

website. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2025–00509 Filed 1–10–25; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 406, 407, 410, 411, 416, 

419, 435, 440, 457, 482, and 485 

[CMS–1809–F2] 

RIN 0938–AV35 

Medicare and Medicaid Programs: 

Hospital Outpatient Prospective 

Payment and Ambulatory Surgical 

Center Payment Systems; Quality 

Reporting Programs, Including the 

Hospital Inpatient Quality Reporting 

Program; Health and Safety Standards 

for Obstetrical Services in Hospitals 

and Critical Access Hospitals; Prior 

Authorization; Requests for 

Information; Medicaid and CHIP 

Continuous Eligibility; Medicaid Clinic 

Services Four Walls Exceptions; 

Individuals Currently or Formerly in 

Custody of Penal Authorities; Revision 

to Medicare Special Enrollment Period 

for Formerly Incarcerated Individuals; 

and All-Inclusive Rate Add-On 

Payment for High-Cost Drugs Provided 

by Indian Health Service and Tribal 

Facilities; Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule with comment period; 

correcting amendment. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule with comment period that 

appeared in the November 27, 2024 

Federal Register titled ‘‘Medicare and 

Medicaid Programs: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems; 

Quality Reporting Programs, including 

the Hospital Inpatient Quality Reporting 

Program; Health and Safety Standards 

for Obstetrical Services in Hospitals and 

Critical Access Hospitals; Prior 

Authorization; Requests for Information; 

Medicaid and CHIP Continuous 

Eligibility; Medicaid Clinic Services 

Four Walls Exceptions; Individuals 

Currently or Formerly in Custody of 

Penal Authorities; Revision to Medicare 

Special Enrollment Period for Formerly 

Incarcerated Individuals; and AllInclusive Rate Add-On Payment for 

High-Cost Drugs Provided by Indian 

Health Service and Tribal Facilities’’. 

DATES: This correcting amendment is 

effective January 8, 2025, and is 

applicable beginning January 1, 2025. 

FOR FURTHER INFORMATION CONTACT: 

For OPPS/ASC related questions, 

contact Elise Barringer via email at 

Elise.Barringer@cms.hhs.gov or at (410) 

786–9222. 

For OPPS Addenda questions, contact 

Marina Kushnirova via email at 

Marina.Kushnirova@cms.hhs.gov. 

For ASC Addenda questions, contact 

Scott Talaga via email at Scott.Talaga@

cms.hhs.gov. 

For Health and Safety Standards for 

Obstetrical Services in Hospitals and 

Critical Access Hospitals questions, 

contact the Clinical Standards Group via 

email at HealthandSafetyInquiries@

cms.hhs.gov. 

For Hospital Outpatient Quality 

Reporting Program policies, contact 

Kimberly Go via email at Kimberly.Go@

cms.hhs.gov or Janis Grady via email at 

Janis.Grady@cms.hhs.gov. 

For Medicaid Clinic Services Four 

Walls Exceptions related questions, 

contact Sheri Gaskins via email at 

Sheri.Gaskins@cms.hhs.gov or Ryan 

Tisdale via email at Ryan.Tisdale@

cms.hhs.gov. 

For Medicaid and CHIP Continuous 

Eligibility questions, contact Cassie 

Lagorio via email at Cassandra.Lagorio@

cms.hhs.gov. 

For New Technology APC questions, 

contact Nicole Marcos via email at 

Nicole.Marcos@cms.hhs.gov. 

For Outpatient Department Prior 

Authorization Process, contact Kelly 

Wojciechowski via email at 

Kelly.Wojciechowski@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the FR Doc. 2024–25521 of 

November 27, 2024 (89 FR 93912), there 

were a number of technical and 

typographical errors that are identified 

and corrected in this correcting 

document. The corrections in this 

correcting document are effective as if 

they had been included in the document 

that appeared in the November 27, 2024 

Federal Register. Accordingly, the 

corrections are effective January 1, 2025. 

II. Summary of Errors 

A. Summary of Errors in For Further 

Information Contact 

In the FOR FURTHER INFORMATION

CONTACT section, the email address for 

Kelly Wojciechowski is incorrect. 

B. Summary of Errors in the Preamble 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Corrections 

On pages 94054 and 94055, we are 

correcting typographical errors. 

Specifically, we are correcting CPT code 

‘‘0899T’’ to ‘‘0889T’’. 

On pages 94111 and 94114, we 

referred to an incorrect APC assignment 

for CPT code 15013. We inadvertently 

failed to account for the impact on the 

amount of payment for the skin cell 

suspension autograft procedure 

described by CPT code 15013 

(Preparation of skin cell suspension 

autograft, requiring enzymatic 

processing, manual mechanical 

disaggregation of skin cells, and 

filtration; first 25 sq cm or less of 

harvested skin) of the assignment of this 

code to status indicator ‘‘T’’ (Procedure 

or Service, Multiple Procedure 

Reduction Applies; Paid under OPPS, 

separate APC payment) when we 

assigned CPT code 15013 to APC 1567 

New Technology—Level 30 ($6,001– 

$6,500), which has a payment rate of 

$6,250.50 and status indicator ‘‘T’’. 

In the final rule with comment period, 

we stated that when the full service 

(skin cell suspension autograft 

described by CPT codes 15011 through 

15018) is performed, meaning that the 

harvesting (described by CPT code 

15011), preparation (described by CPT 

code 15013), and application (described 

by CPT codes 15015 or 15017) steps are 

performed, the total cost for the service 

for CY 2025 would be approximately 

$10,000. However, because of the effect 

of the multiple procedure reduction, the 

total payment for the skin cell 

suspension autograft furnished using 

the RECELL System would have been 

approximately $8,000, contrary to the 

intended target of $10,000 as stated in 

the CY 2025 OPPS/ASC final rule with 

comment period. To correct this error, 

we are assigning CPT code 15013 to 

APC 1532 New Technology—Level 32 

($7,001–$7,500), which has a payment 

rate of $7,250.50 and status indicator 

‘‘S’’ (Procedure or Service, Not 

Discounted When Multiple, Paid under 

OPPS; separate APC payment.). 

On page 94120, we stated ‘‘We note 

that we will replace HCPCS code C9734 

with CPT code 5X008 (55882) effective 

January 1, 2025, as well as assign the 

underlying claims associated with 

HCPCS code C9734 to CPT code 5X008 

(55882).’’ While we intended to 

crosswalk the claims data for HCPCS 

code C9734 to CPT code 5X008 (55882) 

to determine the APC assignment for 

CPT code 5X008 (55882) for CY 2025, 

we did not intend to retire HCPCS code 

C9734 because, based on its descriptor, 


ddrumheller on DSK120RN23PROD with RULES1
2632 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

C9734 can be used for services other 

than those described by CPT code 

5X008 (55882). We are correcting this 

reference to indicate that we are using 

C9734 claims data to set the payment 

rate for CPT code 5X008 (55882) and 

removing the reference to replacing 

HCPCS code C9734. HCPCS code C9734 

will remain assigned to APC 5115 (Level 

5 Musculoskeletal Procedures).’’ 

2. The Hospital Outpatient Quality 

Reporting (OQR), Rural Emergency 

Hospital Quality Reporting (REHQR), 

and Ambulatory Surgical Center Quality 

Reporting (ASCQR) Programs 

Corrections 

On pages 94368 and 94380, we are 

correcting URL links in footnotes 270 

and 316 (respectively) for accuracy. 

On page 94407, we are making a 

technical edit and removing language 

for accuracy. 

On pages 94411 and 94412, we are 

correcting URL links in footnotes 446 

and 461 (respectively) for accuracy. 

On pages 94416 and 94417, we are 

correcting section references for 

accuracy. 

On page 94417, we are correcting final 

rule references for accuracy. 

On page 94522, we are correcting the 

number of web-based measures that are 

being finalized in the rule for the 

Hospital OQR program. 

On pages 94561 through 94563, we 

are correcting section references for 

accuracy. 

3. Medicaid Clinic Services Four Walls 

Exceptions Corrections 

On pages 94442, 94446, 94448, 94452, 

and 94561, we made typographical 

errors. Specifically, on page 94442 we 

inadvertently included a dollar symbol 

($), on page 94446 we inadvertently 

repeated the word ‘‘that,’’ on page 94448 

we inadvertently repeated the phrase 

‘‘rely upon,’’ on page 94452 we 

inadvertently omitted the word 

‘‘system’’ from the phrase ‘‘mistrusted 

the health care system at higher rates,’’ 

and on page 94561 we inadvertently 

included the phrase ‘‘Four Walls:’’ at 

the beginning of the title for Table 207. 

On page 94455, we incorrectly stated 

in footnote 586 that as of November 27, 

2024, the Health Resources and Services 

Administration (HRSA) had not 

finalized their proposed changes to the 

Federal Office of Rural Health Policy’s 

(FORHP) definition of rural. However, 

HRSA finalized changes to FORHP’s 

definition of rural in a final notice 

published in the Federal Register on 

November 21, 2024 (89 FR 92131), 

which post-dated CMS’s development of 

the final rule. We are making 

corrections to state that, as of the 

development of the OPPS final rule, 

HRSA had not finalized changes to 

FORHP’s definition of rural. 

4. Health and Safety Standards for 

Obstetrical Services in Hospitals and 

Critical Access Hospitals 

On pages 94481, 94483, 94542, 94569, 

94571, 94572, and 94573 we are 

replacing the word ‘‘biannual’’ and/or 

‘‘biannually’’ with the word ‘‘biennial’’ 

and/or ‘‘biennially’’, to clarify that staff 

training is required every other year, not 

twice a year. 

C. Summary of Errors in the Regulations 

Text 

On page 94586, in the regulations text 

for § 406.27(d)(1), we are adding in a 

missing word. 

On page 94591, we made technical 

errors in the regulations text 

amendatory instructions for § 457.342, 

by excluding the numbering of 

paragraph (a) and the reservation of 

paragraph (b). 

On pages 94592 and 94594 we are 

replacing the word ‘‘biannual’’ with the 

word ‘‘biennial’’, to clarify that staff 

training is required every other year, not 

twice a year. 

D. Summary of Errors and Corrections 

to the OPPS and ASC Addenda Posted 

on the CMS Website 

1. OPPS Addenda Summary of Errors 

To view any corrections or updates to 

the final CY 2025 OPPS status 

indicators, APC assignments, relative 

weights, copayment rates, deviceintensive status, and short descriptors in 

the OPPS addenda, we refer readers to 

the Addenda and supporting files that 

are posted on the CMS website at 

https://www.cms.gov/medicare/ 

payment/prospective-payment-systems/ 

hospital-outpatient/regulations-notices. 

Select ‘‘CMS–1809–F2’’ from the list of 

regulations. All corrected Addenda for 

this correcting document are contained 

in the zipped folder titled ‘‘2025 F2 

OPPS Addenda’’ at the bottom of the 

CMS web page for CMS–1809–F2. 

a. Errors in Addendum B 

We are making a number of updates 

to Addendum B (OPPS Payment by 

HCPCS Code for CY 2025) to correct 

typographical errors. We are also 

correcting the following technical 

errors: 

We incorrectly deleted HCPCS code 

C9734 (U/s trtmt, not leiomyomata) 

from Addendum B by inadvertently 

assigning it to status indicator ‘‘D’’. We 

are correcting this error by replacing 

status indicator ‘‘D’’ with ‘‘J1’’ for 

HCPCS code C9734 and assigning it to 

APC 5115 (Level 5 Musculoskeletal 

Procedures) in Column E, as well as 

adding corresponding data to Columns 

F–K to reflect the updated APC 5115 

assignment. 

In addition, due to an inadvertent 

miscalculation of the payment rate for 

CPT code 15013 as explained in more 

detail in section II.B. Summary of Errors 

in the Preamble of this notice, we 

incorrectly assigned CPT code 15013 

(Prepj skn cll ssp agrft 1st) status 

indicator ‘‘T’’ and are correcting it to 

‘‘S’’. We also incorrectly assigned CPT 

code 15013 to APC 1567 (New 

Technology—Level 30 ($6001–$6500)) 

and are correcting it to APC 1532 (New 

Technology—Level 32 ($7001–$7500)). 

Due to an inadvertent miscalculation 

of the payment rate for HCPCS code 

C8002 for the same reason as the error 

for CPT code 15013, we incorrectly 

assigned HCPCS code C8002 status 

indicator ‘‘T’’ and we are correcting it to 

‘‘S’’. We also incorrectly assigned 

HCPCS code C8002 to APC 1567 (New 

Technology—Level 30 ($6001–$6500)) 

and are correcting it to APC 1532 (New 

Technology—Level 32 ($7001–$7500)). 

b. Errors in Addendum C 

In Addendum C (Final HCPCS Codes 

Payable Under the 2025 OPPS by APC), 

we are making a number of updates to 

correct the following technical errors: 

Due to the errors described in more 

detail in section II.B Summary of Errors 

in the Preamble of this notice related to 

CPT code 15013 and HCPCS code 

C8002, we are deleting CPT code 15013 

and HCPCS code C8002 from the list of 

HCPCS and CPT codes assigned to APC 

1567 (New Technology—Level 30 

($6001–$6500)). We are adding CPT 

code 15013 and HCPCS code C8002 to 

the list of HCPCS and CPT codes 

assigned to APC 1532 (New 

Technology—Level 32 ($7001–$7500)) 

in Addendum C. 

Due to the incorrect deletion of 

HCPCS code C9734 described in more 

detail in section II.B Summary of Errors 

in the Preamble of this notice, we are 

adding HCPCS code C9734 back to the 

list of HCPCS and CPT codes assigned 

to APC 5115 (Level 5 Musculoskeletal 

Procedures) in Addendum C. 

c. Errors in Addendum P 

In the tab titled ‘‘2025 FR Device 

Intensive List’’, we inadvertently 

included two rows for each of CPT 

codes 0795T, 0801T, 27279, and 93656. 

The additional rows for each of the 

codes contain values that were 

incorrectly calculated. For CPT codes 

0795T and 0801T, the additional rows 

included values calculated using CY 

2023 data, when the codes were 

assigned a status indicator of ‘‘E1.’’ 


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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2633 

Status indicator ‘‘E1’’ is assigned to 

items, codes, and services that are not 

covered by any Medicare outpatient 

benefit category; are statutorily 

excluded; or are not reasonable and 

necessarily. Because procedures 

assigned status indicator ‘‘E1’’ are not 

payable under the OPPS, claims data for 

codes assigned this status indicator 

should not be used to assign device 

offset percentages. Accordingly, we are 

deleting the additional rows that 

contained incorrect values for these 

codes. For CPT codes 27279 and 93656, 

the additional rows included a Device 

Offset Percentage and Device Offset 

Amount for each of the codes that was 

calculated using the APC Device Offset 

Percentage. But because CPT codes 

27279 and 93656 were separately 

payable in CY 2023, the Device Offset 

Percentage and Device Offset Amount 

for each code should have been 

calculated using CY 2023 claims data. 

Therefore, we are deleting the 

additional rows for these codes as well. 

In the tabs titled ‘‘FR 2025 Device 

Intensive List’’ and ‘‘2025 FR HCPCS 

Offsets’’, we inadvertently included the 

incorrect APC Device Offset Percentage 

for procedures assigned to APC 5463— 

Level 3 Neurostimulator and Related 

Procedures. We have revised the APC 

Device Offset Percentage from 26.11 

percent to 26.17 percent. 

In the tab titled ‘‘2025 FR HCPCS 

Offsets’’, which is described as a ‘‘list of 

the device offset percentages and device 

offset amounts for all HCPCS codes with 

CY 2023 claims data,’’ we inadvertently 

included device offset percentages 

based on claims data from procedures 

that were assigned status indicator ‘‘E1’’ 

for CY 2023. Because status indicator 

‘‘E1’’ is assigned to items, codes, and 

services that are not covered by any 

Medicare outpatient benefit category; 

are statutorily excluded; or are not 

reasonable and necessary, claims data 

for procedures assigned this status 

indicator should not be used to assign 

device offset percentages as these 

procedures were not payable under the 

OPPS in CY 2023 and do not have OPPS 

claims data. The procedures that were 

assigned status indicator ‘‘E1’’ for CY 

2023 but were included in the ‘‘2025 FR 

HCPCS Offsets’’ tab in Addendum P 

were CPT codes 0621T, 0737T, 0764T, 

0795T, 0796T, 0801T, and 74263. We 

corrected the 2025 FR HCPCS Offsets 

file by deleting the entries for these 

procedures. 

2. ASC Payment System Addenda 

Summary of Errors 

To view the corrected final CY 2025 

ASC payment indicators, payment 

weights, payment rates, multiple 

procedure discounting indicators, and 

device offset amounts/device portions 

in Addendum AA, BB, and FF that 

resulted from these technical 

corrections, we refer readers to the 

Addenda and supporting files on the 

CMS website at: https://www.cms.gov/ 

Medicare/Medicare-Fee-for-ServicePayment/ASCPayment/ASCRegulations-and-Notices.html. Select 

‘‘CMS–1809–F2’’ from the list of 

regulations. All corrected ASC addenda 

for this correcting document are 

contained in the zipped folder entitled 

‘‘Addendum AA, BB, DD1, DD2, and 

EE’’ at the bottom of the CMS web page 

for CMS–1809–F2. 

a. Errors in Addendum AA 

We inadvertently assigned ‘‘N’’ (No) 

in column D (Subject to Multiple 

Procedure Discounting) to HCPCS Codes 

C7500 through C7565 in the list of ASC 

complexity adjustment codes. We are 

correcting this error in Addendum AA 

by revising the procedure discounting 

status from ‘‘N’’ (No) to ‘‘Y’’ (Yes) for 

these codes, indicating that the 

procedures to which these codes 

correspond are subject to multiple 

procedure discounting. 

As a result of the correction to the 

OPPS APC and status indicator 

assignment for the skin cell suspension 

autograft procedures described by CPT 

code 15013 and HCPCS code C8002 

described in this correction notice, we 

are revising the multiple procedure 

discounting status in Column D for CPT 

code 15013 and HCPCS code C8002 

from ‘‘Y’’ (Yes) to ‘‘N’’ (No) indicating 

that the procedure is not subject to 

multiple procedure discounting. We are 

also correcting the OPPS APC 

assignment from APC 1567 to APC 1532 

for CPT code 15013 and HCPCS code 

C8002. Therefore, in Addendum AA, as 

a result of the correction to the APC 

assignment for CPT code 15013 and 

HCPCS code C8002, we are correcting 

the Final CY 2025 Payment Weight 

(Column G) and Final CY 2025 Payment 

Rate (Column H) for CPT code 15013 

and HCPCS code C8002 to reflect the 

correct APC assignment of APC 1532— 

New Technology—Level 32 ($7001– 

$7500). 

We inadvertently assigned a payment 

rate to CPT code 53865 using APC 

5374—Level 4 Urology and Related 

Services—rather than APC 5376—Level 

6 Urology and Related Services. In 

Addendum AA, we are revising the 

Final CY 2025 Payment Weight and 

Final CY 2025 Payment Rate column 

(Column H) to reflect the corrected APC 

for CPT code 53865. 

b. Errors in Addendum BB 

We inadvertently assigned a final CY 

2025 ASC payment rate to 

brachytherapy APCs that were not 

designated as Low Volume APCs that 

was based on the mean unit cost. This 

affected HCPCS codes: 

• C1717 (Brachytx, non-str, hdr ir192); 

• C2616 (Brachytx, non-str, yttrium90); 

• C2634 (Brachytx, non-str, ha, i-125); 

• C2638 (Brachytx, stranded, i-125); 

• C2639 (Brachytx, non-stranded, i125); 

• C2640 (Brachytx, stranded, p-103); 

• C2641 (Brachytx, non-stranded, p103); 

• C2643 (Brachytx, non-stranded, c131); 

• C2698 (Brachytx, stranded, nos), 

and; 

• C2699 (Brachytx, non-stranded, 

nos). 

We are correcting the Final CY 2025 

Payment Rate column (Column H) to 

reflect the geometric mean unit cost for 

these brachytherapy APCs. 

We inadvertently made an error in the 

Short Descriptor column (Column C) for 

HCPCS Code J1552 and are correcting it 

from ‘‘Inj, alyglo, 100 mg’’ to read ‘‘Inj, 

alyglo, 500 mg’’. 

We inadvertently displayed the 

incorrect payment rate for nine 

diagnostic radiopharmaceuticals in the 

HCPCS A9500 through A9600 range. We 

are correcting the Final CY 2025 

Payment Rates column (Column H) for 

these radiopharmaceuticals. 

c. Errors in Addendum FF 

We inadvertently assigned CPT code 

53865 to APC 5374—Level 4 Urology 

and Related Services—rather than APC 

5376—Level 6 Urology and Related 

Services. We are revising the Final CY 

2025 APC (Column E), Final CY 2025 

APC Device Offset Percentage (Column 

F). Final CY 2025 OPPS Payment Rate 

(Column G), and Final CY 2025 Device 

Offset Amount/Device Portion (Column 

I) to reflect the corrected APC for CPT 

code 53865. 

We made an error in the OPPS APC 

assignment for CPT code 15013 and 

HCPCS Code C8002 as described 

previously. As a result of the correction 

to the OPPS assignment to APC 1532— 

New Technology—Level 32 ($7001– 

$7500)—for CPT code 15013 and 

HCPCS Code C8002, we are correcting 

the Final CY 2025 APC (Column E) and 

Final CY 2025 OPPS Payment Rate 

(Column G) for these codes to reflect 

this APC correction. 


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2634 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

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 proposed rulemaking 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 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 correction does 

not constitute a rule that would be 

subject to the notice and comment or 

delayed effective date requirements. 

This document corrects technical and 

typographical errors in the preamble, 

regulations text, addenda, and tables 

included or referenced in the CY 2025 

OPPS/ASC final rule with comment 

period but does not make substantive 

changes to the policies or payment 

methodologies that were adopted in the 

CY 2025 OPPS/ASC final rule with 

comment period. As a result, this 

correction is intended to ensure that the 

information in the CY 2025 OPPS/ASC 

final rule with comment period 

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 with 

comment period 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 2025 OPPS/ASC final rule with 

comment period reflects our policies. 

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 

2025 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. 

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 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 2025 OPPS/ASC final rule with 

comment period accurately reflects our 

policies. 

IV. Correction of Errors 

In FR Doc. 2024–25521 of November 

27, 2024 (89 FR 93912), we are making 

the following corrections: 

A. Correction of Errors in For Further 

Contact Information 

1. On page 93913, column 2, fourth 

paragraph, line 4, the email address for 

Kelly Wojciechowski is corrected to 

read ‘‘Kelly.Wojciechowski@

cms.hhs.gov’’. 

B. Correction of Errors in the Preamble 

1. On page 94054, third column, last 

partial paragraph, lines 3 and 4, ‘‘CPT 

code 0899T’’ is corrected to read ‘‘CPT 

code 0889T’’. 

2. On page 94055, third column, first 

partial paragraph, first line, ‘‘code 

0899T’’ is corrected to read ‘‘code 

0889T’’. 

3. On page 94111, in the heading 

titled ‘‘54. Skin Cell Suspension 

Autograft (SCSA) Procedures, CPT 

Codes 15011 Through 15018 (APCs 

5051, 5054, and 1567)’’, line 4, the 

figure ‘‘1567’’ is corrected to read 

‘‘1532’’. 

4. On page 94114, second column, 

a. First partial paragraph, 

(1) Lines 1 through 3, ‘‘APC 1567 

(New Technology—Level 30 ($6001– 

6500)) with a $6,250.50 payment rate’’ 

is corrected to read ‘‘APC 1532 (New 

Technology—Level 32 ($7001–7500)) 

with a $7,250.50 payment rate’’. 

(2) Lines 12 through 13, ‘‘APC 1567 

with a payment rate of $6,250.50’’ are 

corrected to read ‘‘APC 1532 with a 

payment rate of $7,250.50’’. 

b. First full paragraph, lines 12 

through 13 ‘‘APC 1567 ((New 

Technology—Level 30 ($6001–$6500))’’ 

is corrected to read ‘‘APC 1532 (New 

Technology—Level 32 ($7001–7500))’’. 

5. On page 94120, second column, 

second full paragraph, lines 4 through 9 

that read ‘‘We note that we will replace 

HCPCS code C9734 with CPT code 

5X008 (55882) effective January 1, 2025, 

as well as assign the underlying claims 

associated with C9734 to CPT code 

5X008 (55882)’’ are corrected in their 

entirety to read, ‘‘We note that we will 

crosswalk claims for HCPCS code C9734 

to CPT code 5X008 (55882) to determine 

the APC assignment for CPT code 5X008 

(55882) for CY 2025. HCPCS C9734 will 

continue to be assigned to APC 5115 

(Level 5 Musculoskeletal Procedures) in 

CY 2025.’’ 

6. On page 94368, first column, 

second footnoted paragraph (footnote 

270), lines 4 through 6, the link ‘‘https:// 

www.cms.gov/About-CMS/AgencyInformation/OMH/OMH_DwnldCMSEquityPlanforMedicare_

090615.pdf’’ is corrected to read 

‘‘https://www.cms.gov/About-CMS/ 

Agency-Information/OMH/OMH_

Dwnld-CMS_EquityPlanforMedicare_

090615.pdf#:∼:text=The

%20Centers%20for%20Medicare%20

%26%20Medicaid%20Services%20

%28CMS%29,evidence%20base%2C

%20identifying%20opportunities

%2C%20and%20gathering

%20stakeholder%20input’’. 

7. On page 94380, first column, fourth 

footnoted paragraph (footnote 316), 

lines 3 through 5, the link ‘‘https://

www.beckersasc.com/asc-coding-billingand-collections/hopds-vs-ascs-10- 

considerations-for-2024.html.’’ is 

corrected to read ‘‘https://

www.beckersasc.com/asc-coding-billingand-collections/hopds-vs-ascs-10- 

considerations-for-2024.html’’. 

8. On page 94407, third column, first 

partial paragraph, 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2635 

a. Line 19, the punctuation mark ‘‘,’’ 

is replaced with ‘‘.’’ 

b. Lines 19 through 22, the language 

‘‘which is administered on the first day 

post-procedure and then followed up at 

14 days.’’ is removed. 

9. On page 94411, first column, 

second footnoted paragraph (footnote 

446), lines 4 through 8, the link ‘‘https:// 

p4qm.org/sites/default/files/2023-09/ 

Guidebook-of-Policies-and-Proceduresfor-Pre-Rulemaking-Measure-Review-

%28PRMR%29-and-MeasureSetReview-%28MSR%29-Final_0.pdf’’ is 

corrected to read ‘‘https://p4qm.org/ 

sites/default/files/2023-09/Guidebookof-Policies-and-Procedures-for-PreRulemaking-Measure-Review-

%28PRMR%29-and-Measure-SetReview-%28MSR%29-Final_0.pdf’’. 

10. On page 94412, third column, first 

footnoted paragraph (footnote 461), 

lines 4 through 6, the link: ‘‘https://

p4qm.org/sites/default/files/2024-02/ 

PRMR-Hospital-RecommendationGroup-MeetingSummary-Final.pdf’’ is 

corrected to read ‘‘https://p4qm.org/ 

sites/default/files/2024-02/PRMRHospital-Recommendation-GroupMeeting-Summary-Final.pdf’’. 

11. On page 94416, within table note 

**** corresponding to Table 163 titled 

‘‘NEWLY FINALIZED HOSPITAL OQR 

PROGRAM MEASURE SET BEGINNING 

WITH THE CY 2027 PAYMENT 

DETERMINATION’’, line 3, section 

reference ‘‘XV.B.3.B’’ is corrected to 

read ‘‘XV.C.1.b’’. 

12. On page 94417, 

a. Within table note *** 

corresponding to Table 164 titled 

‘‘NEWLY FINALIZED HOSPITAL OQR 

PROGRAM MEASURE SET BEGINNING 

WITH THE CY 2031 PAYMENT 

DETERMINATION’’, line 3, section 

reference ‘‘XV.B.3.B’’ is corrected to 

read section ‘‘XV.C.1.b’’. 

b. Third column, last full paragraph, 

lines 3 through 10, ‘‘(77 FR 68484; 80 

FR 70521, 87 FR 72110 through 72112; 

78 FR 75097 through 75100; and 88 FR 

82004 through 82006, respectively) for 

information regarding our claims-based, 

web-based, eCQM, chart-abstracted, 

PRO–PM, and survey-based data 

submission and reporting 

requirements.’’ is corrected to read ‘‘(78 

FR 75111 and 75112; 80 FR 70521 

through 70522; 86 FR 63863 through 

63866; 87 FR 72110 through 72112; 88 

FR 82004 through 82009, respectively) 

for information regarding our claimsbased, web-based, survey-based, chartabstracted, eCQM, and PRO–PM data 

submission and reporting 

requirements.’’. 

13. On page 94442, first column, last 

paragraph, line 6, the figure ‘‘$2.8 

million’’ is corrected to read ‘‘2.8 

million’’. 

14. On page 94446, third column, 

fourth full paragraph, line 2, ‘‘that that’’ 

is corrected to read ‘‘that’’. 

15. On page 94448, third column, 

second full paragraph, line 22, 

‘‘communities that rely upon rely upon’’ 

is corrected to read ‘‘communities that 

rely upon’’. 

16. On page 94452, third column, last 

paragraph, line 31 ‘‘mistrusted the 

health care at higher’’ is corrected to 

read as ‘‘mistrusted the health care 

system at higher’’. 

17. On page 94455, second column, 

first fully footnoted paragraph (footnote 

586), ‘‘As of November 27, 2024, HRSA 

has not finalized these proposed 

changes to FORHP’s definition of rural.’’ 

is corrected to read ‘‘As of the 

development of this final rule, HRSA 

had not finalized these proposed 

changes to FORHP’s definition of rural.’’ 

18. On page 94481, third column, first 

partial paragraph, line 12 the word 

‘‘biannual’’ is corrected to read 

‘‘biennial’’. 

19. On page 94483, first column, 

a. Eighth bullet, line 5, the word 

‘‘biannual’’ is corrected to read 

‘‘biennial’’. 

b. Last bullet, line 5 the word 

‘‘biannual’’ is corrected to read 

‘‘biennial’’. 

20. On page 94522, 

a. Second column, last partial 

paragraph, line 2, the figure ‘‘four’’ is 

corrected to read ‘‘three’’. 

b. Third column, first partial 

paragraph, 

(1) Line 1, the word ‘‘and’’ is inserted 

before ‘‘(3)’’. 

(2) Line 7, the phrase ‘‘; and (4)’’ is 

corrected to read ‘‘. We are also 

adopting’’. 

21. On page 94542, third column, 

a. First partial paragraph, line 17, the 

word ‘‘biannually’’ is corrected to read 

‘‘biennially’’. 

b. First full paragraph, line 13 the 

word ‘‘biannual’’ is corrected to read 

‘‘biennial’’. 

22. On page 94561, 

a. The table title, ‘‘Table 207: Four 

Walls: Accounting Statement: Medicaid 

Clinic Services Four Walls Exceptions’’ 

is corrected to read as ‘‘TABLE 207: 

ACCOUNTING STATEMENT: 

MEDICAID CLINIC SERVICES FOUR 

WALLS EXCEPTIONS’’ 

b. Third column, first full paragraph, 

line 1, section reference ‘‘XXVI.B’’ is 

corrected to ‘‘XXVI.A’’. 

23. On page 94562, 

a. First column, 

(1) First full paragraph, line 8, section 

reference ‘‘XXVI.B’’ is corrected to 

‘‘XXVI.A’’. 

(2) Last paragraph, line 8, section 

reference ‘‘XXVI.B’’ is corrected to 

‘‘XXVI.A’’. 

b. Third column, first full paragraph, 

line 1, section reference ‘‘XXVI.C’’ is 

corrected to ‘‘XXVI.B’’. 

24. On page 94563, 

a. First column, first full paragraph, 

line 8, section reference ‘‘XXVI.C’’ is 

corrected to ‘‘XXVI.B’’. 

b. Second column, second full 

paragraph, line 1, section reference 

‘‘XXVI.D’’ is corrected to ‘‘XXVI.C’’. 

c. Third column, first full paragraph, 

line 8, section reference ‘‘XXVI.D’’ is 

corrected to ‘‘XXVI.C’’. 

25. On page 94569, first column, first 

partial paragraph, line 6 the word 

‘‘biannually’’ is corrected to read 

‘‘biennially.’’ 

26. On page 94571, bottom of the 

page, first column; first partial 

paragraph, line 12, the word ‘‘biannual’’ 

is corrected to read ‘‘biennial.’’ 

27. On page 94572, 

a. Second column, first partial 

paragraph, line 1, the word ‘‘biannual’’ 

is corrected to read ‘‘biennial’’. 

b. Third column, first partial 

paragraph, line 44, the word ‘‘biannual’’ 

is corrected to read ‘‘biennial’’. 

28. On page 94573, third column; first 

partial paragraph, line 1, the word 

‘‘biannual’’ is corrected to read 

‘‘biennial’’. 

List of Subjects 

42 CFR Part 406 

Diseases, Health facilities, Medicare. 

42 CFR Part 457 

Administrative practice and 

procedure, Grant programs—health, 

Health insurance, Reporting and 

recordkeeping requirements. 

42 CFR Part 482 

Grant programs—health, Hospitals, 

Medicaid, Medicare, Reporting and 

recordkeeping requirements. 

42 CFR Part 485 

Grant programs—health, Health 

facilities, Medicaid, Privacy, Reporting 

and recordkeeping requirements. 

Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correcting amendments: 

PART 406—HOSPTIAL INSURANCE 

ELIGIBILITY AND ENTITLEMENT 

■ 1. The authority citation for part 406 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1395i–2, 

1395i–2a, 1395p, 1395q and 1395hh. 

§ 406.27 [Amended] 

■ 2. Amend § 406.27 in the second 

sentence of paragraph (d)(1)(i) by adding 


ddrumheller on DSK120RN23PROD with RULES1
2636 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

1 82 FR 58348. 

2 82 FR 27431. 

3OMB Memorandum M–25–02 (December 17, 

2024). 

the word ‘‘the’’ before the phrase 

‘‘custody of penal authorities and . . .’’ 

PART 457—ALLOTMENTS AND 

GRANTS TO STATES 

■ 3. The authority citation for part 457 

continues to read as follows: 

Authority: 42 U.S.C. 1302. 

■ 4. Revise § 457.342 to read as follows: 

§ 457.342 Continuous eligibility for 

children. 

(a) A State must provide continuous 

eligibility for children under a separate 

CHIP in accordance with the terms of 

§ 435.926 of this chapter, and subject to 

a child remaining ineligible for 

Medicaid, as required by section 

2110(b)(1) of the Act and § 457.310 

(related to the definition and standards 

for being a targeted low-income child) 

and the requirements of section 

2102(b)(3) of the Act and § 457.350 

(related to eligibility screening and 

enrollment). 

(b) [Reserved] 

PART 482—CONDITIONS OF 

PARTICIPATION FOR HOSPITALS 

■ 5. The authority citation for part 482 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1395hh, and 

1395rr, unless otherwise noted. 

§ 482.59 [Amended] 

■ 6. Amend § 482.59 in paragraph (c)(3) 

by correcting the word ‘‘biannual’’ to 

read ‘‘biennial’’. 

PART 485—CONDITIONS OF 

PARTICIPATION FOR CRITICAL 

ACCESS HOSPITALS 

■ 7. The authority citation for part 485 

continues to read as follows: 

Authority: 42 U.S.C. 1302 and 1395(hh). 

§ 485.649 [Amended] 

■ 8. Amend § 485.649 in paragraph 

(c)(3) by correcting the word ‘‘biannual’’ 

to read ‘‘biennial’’. 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2025–00081 Filed 1–8–25; 8:45 am] 

BILLING CODE 4120–01–P 

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 2025 

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 2025 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, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

William Langer, Assistant General 

Counsel, National Endowment for the 

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

20506, Telephone: 202–682–5595. 

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 Chair of the 

National Endowment for the Arts. 

The Office of Management and Budget 

has issued guidance on implementing 

and calculating the 2025 adjustment 

under the 2015 Act.3 Per this guidance, 

the CPI–U adjustment multiplier for this 

annual adjustment is 1.02598. 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, 2025. 

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 $13,945. 

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 

the nearest dollar. Between October 

2023 and October 2024, the CPI–U 

increased by a multiplier of 102.598%. 

Therefore, the new post-adjustment 

maximum penalty under the PFCRA for 


ddrumheller on DSK120RN23PROD with RULES1