Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32777

On February 26, 2001, we initially

delayed the effective date of the final

rule from April 19, 2001 until June 18,

2001. This temporary 60-day delay of

effective date was necessary to give

Department officials the opportunity for

further review and consideration of

these regulations. We have determined

that a short additional period is required

properly to consider these issues. We

therefore delay the effective date of this

rule until August 17, 2001. Therefore,

provisions of the rule that must be

implemented through contracts with

managed care organizations, prepaid

health plans, health insuring

organizations, or enrollment brokers are

effective with respect to contracts that

are up for renewal or renegotiation on

or after August 17, 2001, but no later

than August 18, 2002.

To the extent that 5 U.S.C. section 553

applies to this action, it is exempt from

notice and comment because it

constitutes a rule of procedure under 5

U.S.C. section 553(b)(3)(a).

Alternatively, HCFA’s delay of

implementation of this rule without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

sections 553(b)(3)(B) and 553(d)(3), in

that seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. Given the

imminence of the effective date, seeking

prior public comment on this temporary

delay would have been impractical,

because the time available before the

effective date is too short for meaningful

comment. Moreover, to the extent that

seeking public comment would

preclude this delay, it would be

contrary to the public interest in the

orderly promulgation and

implementation of regulations in light of

the development of necessary revisions.

The immediate delay is necessary to

prevent application of inconsistent

standards while we issue the necessary

revisions.

DATES: The effective date of the final

rule with comment amending 42 CFR

parts 400, 430, 431, 434, 435, 438, 440,

and 447 that was published in the

January 19, 2001 Federal Register (66

FR 6227) and delayed until June 18,

2001 in the February 26, 2001 Federal

Register (66 FR 11546), is further

delayed until August 17, 2001.

Additionally, the implementation date

of the rule is delayed until August 17,

2001.

FOR FURTHER INFORMATION CONTACT:

Deirdre Duzor, (410) 786–4626.

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program)

Dated: June 11, 2001.

Thomas A. Scully,

Administrator, Health Care Financing

Administration.

Approved: June 14, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–15400 Filed 6–15–01; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 409, 410, 411, 413, 424,

and 484

[HCFA–1059–F2]

RIN 0938–AJ24

Medicare Program; Prospective

Payment System for Home Health

Agencies; Correction

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correcting amendments.

SUMMARY: This document corrects

technical errors that appeared in the

final rule entitled, ‘‘Medicare Program;

Prospective Payment System for Home

Health Agencies,’’ published in the

Federal Register on July 3, 2000.

EFFECTIVE DATE: October 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Sharon Ventura, (410) 786–1985.

SUPPLEMENTARY INFORMATION:

Background

In the July 3, 2000 final rule entitled,

‘‘Medicare Program; Prospective

Payment System for Home Health

Agencies,’’ (65 FR 41128), Federal

Register Docket Number 00–16432,

there were several technical errors. We

transposed a number in a code included

in the list of non-routine medical

supplies that have a duplicate Part B

code that could have been unbundled

and billed under Part B before

implementation of the prospective

payment system (PPS). The code we

listed is ‘‘A4454—Tape all types all

sizes’’ but should be ‘‘A4554—

Disposable underpads’’. In addition, we

inadvertently left out a code for

‘‘A6248—Hydrogel drg gel filler’’ that

should be added to the list.

We also noted a list of codes that

should be deleted from the list. This list

included codes ‘‘K0137—Skin barrier

liquid per oz’’, ‘‘K0138—Skin barrier

paste per oz’’, and ‘‘K0139—Skin barrier

powder per oz’’. These codes were

inadvertently retained on the final list

and should have been deleted in the

final rule.

We inadvertently used the word

‘‘start’’ instead of the word ‘‘end’’ in the

last complete sentence in the second

paragraph on page 41165.

We are correcting the table in the

middle of page 41168 to remove the

asterisks each time they appear (seven

times), as well as the corresponding

reference below the chart because in

some instances the selection of N/A at

M0825 would be valid for a Medicare

patient. For example, a patient returning

to home health care after an inpatient

stay may not warrant a significant

change in condition (SCIC) adjustment.

In this case, the response to item M0825

would be N/A.

We are revising Table 4A, ‘‘Wage

Index for Rural Areas—FY 2000 PreFloor and Pre-Reclassified’’ and Table

4B, ‘‘Wage Index for Urban Areas—FY

2000 Pre-Floor and Pre-Reclassified,’’ to

account for several technical and

typographical errors.

We are correcting a typographical

error in a footnote under the last table

on page 41184.

In Table 7, ‘‘Home Health Resource

Group Case-Mix Classification Decision

Tree Logic,’’ we are correcting a

typographical error to an OASIS item

number, and we are adding the OASIS

item number that was inadvertently not

noted in the final rule.

In the final rule, we added

§ 411.15(q), which superseded an

already existing § 411.15(q). To correct

this, we are redesignating § 411.15(q) to

§ 411.15(r) and republishing § 411.15(q)

as it existed before the publication of

the final rule.

We are making technical corrections

to the following sections of the

regulations to include additional

conforming changes that were

inadvertently not included in the July 3,

2000 final rule: §§ 484.14, 484.36, and

484.52.

Correction of Errors

In FR Doc. 00–16432 of July 3, 2000

(65 FR 41128), we are making the

following corrections:

Corrections to the Preamble

1. On page 41138, in column one, in

line 25 from the top of the page, the

code ‘‘A4454—Tape all types all sizes’’

is removed.

2. On page 41138, the following codes

are added to the list for non-routine

medical supplies that have a duplicate

Part B code that could have been

32778 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

unbundled and billed under Part B

before implementation of PPS:

(a) In column one, the code ‘‘A4554—

Disposable underpads’’ is inserted after

‘‘A4481—Tracheostoma filter’’ and

before ‘‘A4622—Tracheostomy or

larngectomy’’.

(b) In column two, the code ‘‘A6248—

Hydrogel drg gel filler’’ is inserted after

code ‘‘A6247—Hydrogel drg > 48 sq in

w/b’’ and before code ‘‘A6251—Absorpt

drg < = 16 sq in w/o b’’.

3. On page 41138, in column two,

lines 21, 22, and 23 from the bottom of

the page, the following codes are

removed: ‘‘K0137—Skin barrier liquid

per oz’’, ‘‘K0138—Skin barrier paste per

oz’’, and ‘‘K0139—Skin barrier powder

per oz’’.

4. On page 41165, at the bottom of

column two, the phrase in the last

complete sentence of the paragraph

beginning on the fifth line from the

bottom of the page is revised to read

‘‘then the MSA or non-MSA at the end

of the episode governs the labor

adjustment * * *’’

5. On page 41168, in the chart in the

center of the page, the asterisks are

removed each time they appear (seven

times), including the corresponding

reference below the chart.

6. On page 41173, in Table 4A, the

entry for Guam of 0.7268 under ‘‘Wage

Index’’ is revised to read 0.9611.

7. On page 41173, in Table 4A, the

entry for the Virgin Islands of 0.6389

under ‘‘Wage Index’’ is revised to read

0.6306.

8. On page 41174 and continuing

through page 41179, in Table 4B, ‘‘Wage

Index For Urban Areas—FY 2000 PreFloor and Pre-Reclassified,’’ the entries

for the urban areas listed below are

revised to read as follows:

MSA Urban area (constituent counties)

Wage

index

0580 ..... Auburn-Opelka, AL .....

Lee, AL .......................

0.7749

0680 ..... Bakersfield, CA ..........

Kern, CA .....................

0.9619

1080 ..... Boise City, ID .............

Ida, ID .........................

Canyon, ID .................

0.9061

4150 ..... Lawrence, KS .............

Douglas, KS ...............

0.8223

6680 ..... Reading, PA ...............

Berks, PA ...................

0.9437

7160 ..... Salt Lake City-Ogden,

UT.

Davis, UT ...................

Salt Lake, UT .............

Weber, UT ..................

0.9855

7880 ..... Springfield, IL .............

Menard, IL ..................

Sangamon, IL .............

0.8684

MSA Urban area (constituent counties)

Wage

index

8080 ..... Steubenville-Weirton,

OH–WV.

Jefferson, OH .............

Brooke, WV ................

Hancock, WV .............

0.8615

9. On page 41184, under the last table

titled ‘‘Calculation for the Part B

Therapies,’’ in the footnote beneath the

table, ‘‘57 CPT therapy codes’’ is revised

to read ‘‘54 CPT therapy codes’’.

10. On page 41194, in Table 7, ‘‘Home

Health Resource Group Case-Mix

Classification Decision Tree Logic,’’

under the heading ‘‘Service utilization

domain’’, in the first column titled

‘‘Variable’’, ‘‘M0170’’ is revised to read

‘‘M0175’’ in both instances. Also in that

column, ‘‘M0825—’’ is added before

‘‘Receipt of Therapy’’.

11. On page 41205, in column one,

beginning at line 30 from the top of the

page, in the section heading and in the

paragraph below it, ‘‘411.15(q)’’ is

revised to read ‘‘411.15(r)’’.

Corrections to the Regulations Text

List of Subjects

42 CFR Part 411

Kidney diseases, Medicare, Reporting

and recordkeeping requirements.

42 CFR Part 484

Health facilities, Health professions,

Medicare, Reporting and recordkeeping

requirements.

Accordingly, 42 CFR parts 411 and

489 are corrected by making the

following correcting amendments:

PART 411—EXCLUSIONS FROM

MEDICARE AND LIMITATIONS ON

MEDICARE PAYMENT

1. The authority citation for part 411

continues to read as follows:

Authority: Secs. 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1395hh).

§ 411.15 [Corrected]

2. Section 411.15 is amended by—

A. Republishing the introductory text

to the section.

B. Redesignating paragraph (q) as

paragraph (r).

C. Adding paragraph (q) to read as

follows:

§ 411.15 Particular services excluded from

coverage.

The following services are excluded

from coverage:

* * * * *

(q) Assisted suicide. Any health care

service used for the purpose of causing,

or assisting to cause, the death of any

individual. This does not pertain to the

withholding or withdrawing of medical

treatment or care, nutrition or hydration

or to the provision of a service for the

purpose of alleviating pain or

discomfort, even if the use may increase

the risk of death, so long as the service

is not furnished for the specific purpose

of causing death.

PART 484—HOME HEALTH SERVICES

1. The authority citation for part 484

continues to read as follows:

Authority: Secs. 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1395(hh), unless otherwise indicated.

§ 484.14 [Corrected]

2. In § 484.14, in paragraph (g), the

phrase ‘‘62 days’’ is revised to read ‘‘60

days’’.

§ 484.36 [Corrected]

3. In § 484.36, in paragraph (d)(3), the

phrase ‘‘62 days’’ is revised to read ‘‘60

days’’.

§ 484.52 [Corrected]

4. In § 484.52, in paragraph (b), the

phrase ‘‘62-day period’’ is revised to

read ‘‘60-day period’’.

(Catalog of Federal Domestic Assistance

Program No. 93.773 Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: June 6, 2001.

Brian P. Burns,

Deputy Assistant Secretary for Information

Resources Management.

[FR Doc. 01–14986 Filed 6–15–01; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR Docket No. 92–235; FCC 01–174]

Replacement of Part 90 by Part 88 To

Revise the Private Land Mobile Radio

Services and Modify the Policies

Governing Them and Examination of

Exclusivity and Frequency Assignment

Policies of the Private Land Mobile

Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petitions for

reconsideration.

SUMMARY: This document disposes of

two substantially identical petitions for

reconsideration or clarification

submitted in response to the