[Federal Register Volume 66, Number 97 (Friday, May 18, 2001)]
[Rules and Regulations]
[Pages 27598-27599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12765]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 416, 482, and 485

RIN 0938-AK08


Medicare and Medicaid Programs: Hospital Conditions of 
Participation: Anesthesia Services: Delay of Effective Date

AGENCY: Health Care Financing Administration, (HCFA), Department of 
Health and Human Services (DHHS).

ACTION: Final Rule; Delay of Effective Date.

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SUMMARY: To give the Department an opportunity to obtain comment on 
modifications to the rule entitled Medicare and Medicaid Programs: 
Hospital Conditions of Participation: Anesthesia Services, the 
Department is delaying until November 14, 2001 the effective date of 
the rule, which was published in the Federal Register on January 18, 
2001, 66 F.R. 4674, pending the Department's action on a forthcoming 
notice of proposed rulemaking. The rule's effective date was previously 
delayed by 60 days on March 19, 2001, in accordance with the memorandum 
of January 20, 2001, from the Assistant to the President and Chief of 
Staff, entitled A Regulatory Review Plan, published in the Federal 
Register on January 24, 2001. See 66 F.R. 15352.

DATES: The final rule, Medicare and Medicaid Programs; Hospital 
Conditions of Participation; Anesthesia Services, published in the 
Federal Register on January 18, 2001, at 66 FR 4674 and delayed on 
March 19, 2001 at 66 FR 15352 until May 18, 2001 is further delayed 
until November 14, 2001.

FOR FURTHER INFORMATION CONTACT: Stephanie Dyson, Health Care Financing 
Administration, (410) 786-9226.

[[Page 27599]]


SUPPLEMENTARY INFORMATION: On January 18, 2001, the Department of 
Health and Human Services (DHHS) published in the Federal Register a 
Final Rule, with an effective date of March 19, 2001 (66 F.R. 4674), 
intended to amend Subpart D of 42 CFR part 482, Subpart C of 42 CFR 
part 416, and Subpart F of 42 CFR part 485 of the Code of Federal 
Regulations.
    The Department has determined that there is a need to delay this 
rule's effective date in order to consider (1) whether a Governor may 
certify to the Department, after consultation with the State's Boards 
of Medicine and Nursing, or their equivalents, and consistent with 
State law, that it is in the best interests of the citizens of the 
State that licenced Certified Registered Nurse Anesthetists (CRNAs) 
within the State administer anesthesia services without physician 
supervision, and (2) whether a prospective study should be undertaken 
to assess the impact of different state CRNA practices. The Department 
will, therefore, very shortly issue a proposed rule to afford the 
public the opportunity to comment on these changes.
    The notice and comment requirements of 5 U.S.C. 553 do not apply to 
this delay of the rule's effective date, which is a rule of procedure. 
See 5 U.S.C. 553(b)(3)(A). To the extent that section 553 applies in 
these circumstances, however, the Department finds that the action 
comes within that provision's good cause exceptions in that obtaining 
public comment is impracticable, unnecessary, and contrary to the 
public interest. See 5 U.S.C. 553(b)(3)(B). Given the imminence of the 
effective date, and the imminence of a new notice of proposed 
rulemaking, seeking prior public comment on this delay is 
impracticable, as well as contrary to the public interest in the 
orderly promulgation and implementation of regulations. Further, 
comment is unnecessary because no harm is caused by delay of the 
effective date of the regulations, as the current rules will remain in 
effect pending any further action by the Department, and any action 
taken will be subject to notice and comment before final publication.

    Dated: May 16, 2001.
Tommy G. Thompson,
Secretary.
[FR Doc. 01-12765 Filed 5-17-01; 8:45 am]
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