[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Rules and Regulations]
[Pages 68075-68077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5905]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 411 and 424

[CMS-1810-CN2]
RIN 0938-AK67


Medicare Program, Physicians' Referrals to Health Care Entities 
With Which They Have Financial Relationships (Phase III), Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Correction of final rule.

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SUMMARY: This document corrects technical and typographical errors that 
appeared in the final rule published in the Federal Register on 
September 5, 2007 entitled ``Medicare Program, Physicians'' Referrals 
to Health Care Entities With Which They Have Financial Relationships 
(Phase III).''

DATES: Effective Date: December 4, 2007.

FOR FURTHER INFORMATION CONTACT: Lisa Ohrin, (410) 786-4565.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 07-4252 of September 5, 2007 (72 FR 51012), there were a

[[Page 68076]]

number of technical and typographical errors that are identified and 
corrected in the Correction of Errors section below. The provisions of 
this correction notice are effective as if they had been included in 
the final rule published September 5, 2007. Accordingly, the 
corrections are effective December 4, 2007.

II. Correction of Errors

    In FR Doc. 07-4252 of September 5, 2007 (72 FR 51012), make the 
following corrections:

A. Corrections to the Preamble

    1. On page 51016, 3rd column, 2nd full paragraph, lines 18 and 19, 
the phrase ``productivity bonus or profit share consistent with the 
special rules'' is corrected to read ``productivity bonus consistent 
with the special rules''.
    2. On page 51018, 1st column, 3rd full paragraph, line 11, the 
phrase ``other entity.'' is corrected to read ``other entity).''.
    3. On page 51019,
    a. First column, 1st partial paragraph,
    (1) Line 6, the phrase ``proposed rulemaking, we proposed to'' is 
corrected to read, ``proposed rulemaking (72 FR 42628), we proposed 
to''.
    (2) Line 11, the phrase `` services', '' is corrected to read `` 
services,' ''.
    b. Third column, 1st full paragraph, line 12 the phrase 
``personally refills an implanted pump ``is corrected to read 
``personally refills an implantable pump''.
    4. On page 51021, 2nd column, 1st partial paragraph, line 2, the 
phrase ``requirements of a consultation) are not'' is corrected to read 
``requirements of a consultation) is not''.
    5. On page 51024, 3rd column, 1st partial paragraph, line 46, the 
phrase ``every 3-years'' is corrected to read ``every 3 years''.
    6. On page 51025, 2nd column, 2nd full paragraph, lines 13 and 14, 
the phrase ``current 90-days'' is corrected to read ``current 90 
days''.
    7. On page 51028, 1st column,
    a. First full paragraph, lines 21 and 22, the phrase ``such 
arrangements would have been analyzed under the as'' is corrected to 
read ``such arrangements would have been analyzed as''.
    b. Second full paragraph, line 24, the phrase ``market value 
arrangement) under'' is corrected to read ``market value compensation 
arrangement) under''.
    8. On page 51032, 3rd column,
    a. First full paragraph, line 3, the phrase ``at least 8 hour'' is 
corrected to read ``at least 8 hours''.
    b. Fifth paragraph, lines 8 and 9, the phrase ``The in-office 
ancillary exception'' is corrected to read ``The in-office ancillary 
services exception''.
    9. On page 51033, 2nd column, 1st full paragraph, lines 11 and 12, 
the phrase ``ordering, or by a member of the group practice when 
furnished,'' with ``ordering the DHS, or by a member of the group 
practice when the DHS is furnished,''.
    10. On page 51035, 1st column, 4th paragraph, line 14, the phrase 
``group practice; or by an entity that is'' is corrected to read 
``group practice; or an entity that is''.
    11. On page 51037, 1st column, 1st partial paragraph, lines 4 and 
5, the phrase ``furnished by the academic medical center'' is corrected 
to read ``furnished by the academic medical center as the result of a 
referral from that physician''.
    12. On page 51043, 1st column, 3rd full paragraph, lines 4 and 5, 
the citation ``(69 FR 16084-81605)'' is corrected to read ``(69 FR 
16084-16085)''.
    13. On page 51050, 3rd column, 2nd full paragraph, lines 4 through 
7, the phrase ``people reside in the ``hole'' zip code, the hospital 
may recruit a physician to establish a practice into the ``hole'' zip 
code.'' is corrected to read ``inpatients reside in the ``hole'' zip 
code, the hospital may recruit a physician to establish a practice in 
the ``hole'' zip code''.
    14. On page 51055, 1st column, 1st partial paragraph, line 23, the 
phrase ``within 6-months'' is corrected to read ``within 6 months''.
    15. On page 51058,
    a. First column, 4th paragraph,
    (1) Line 13, the figure ``CY-2005'' is corrected to read ``CY 
2005''
    (2) Line 14, the phrase ``CY-2006, and $329 for CY-2007.'' is 
corrected to read ``CY 2006, and $329 for CY 2007.''.
    b. Third column, 1st full paragraph, line 2, the figure ``CY-
2007)'' is corrected to read ``CY 2007)''.
    16. On page 51062, 3rd column, first full paragraph,
    a. Lines 26 through 32, the phrase ``created by virtue of the 
ownership interest that does not meet an ownership exception (which, 
thus, creates a compensation arrangement), in the chain of 
relationships that runs: hospital-radiology venture-physicians.'' is 
corrected to read ``created by virtue of the chain of relationships 
that runs: hospital (contracts with) radiology venture (owned by) 
physicians.''
    b. Lines 36 through 38, the phrase ``With respect to the second 
indirect compensation arrangement, the inquiry would be whether the 
compensation'' is corrected to read ``The inquiry would be whether the 
compensation''.
    17. On page 51063, second column, third full paragraph, line 16, 
the citation ``Sec.  411.355(q)'' is corrected to read ``Sec.  
411.357(q)''.
    18. On page 51064, 1st column, fourth full paragraph, lines 2 and 
3, the phrase ``the entitys bona fide medical staff or in the entitys 
local'' is corrected to read ``the entity's bona fide medical staff or 
in the entity's local''.
    19. On page 51066, 2nd column, 1st full paragraph, lines 23 through 
28, the sentence ``(We note that the exception for retention payments 
applies to federally qualified health centers and rural health clinics 
in the same manner as it applies to hospitals.)'' is corrected to read 
``(We note that the exception for retention payments applies to 
remuneration provided by federally qualified health centers and rural 
health clinics in the same manner as it applies to remuneration 
provided by hospitals.)''.
    20. On page 51068, 1st column, the section heading ``U. Community-
Wide Health Information System'' is corrected to read ``U. Community-
Wide Health Information Systems''.

B. Corrections to the Regulations Text

    1. On page 51087, 3rd column, 3rd full paragraph, lines 8 through 
11, the phrase ``For purposes of applying the exceptions in Sec.  
411.355 and Sec.  411.357 to arrangements described in paragraphs 
(c)(1)(i) and (c)(2)(i),'' is corrected to read ``For purposes of 
applying the exceptions in Sec.  411.355 and Sec.  411.357 to 
arrangements in which a physician stands in the shoes of his or her 
physician organization,''.
    2. On page 51091, 1st column, 9th full paragraph, line 5, the 
phrase ``claims submission;'' is corrected to read ``claims 
submission.''
    3. On page 51093, 2nd column, 9th full paragraph, lines 2 through 
4, the phrase ``paragraph (e)(1) is also signed by the party to whom 
the payments are directly made.'' is corrected to read ``paragraph 
(e)(1) is also signed by the physician practice.''
    4. On page 51094, 2nd column, 8th full paragraph, line 5, the 
phrase ``specifically addressed by another'' is corrected to read 
``specifically excepted by another''.
    5. On page 51096, 2nd column,
    a. Eleventh paragraph, 1st line, the phrase ``(C) A certification 
that the future'' is corrected to read ``(C) A statement that the 
future''.
    b. Twelfth paragraph, line 2, the phrase ``anticipates relocating 
his or medical'' is corrected to read ``anticipates relocating his or 
her medical''.

[[Page 68077]]

II. Waiver of Proposed Rulemaking and 30-Day Delay in the 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)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    Therefore, for reasons noted below, we find good cause to waive 
proposed rulemaking and the 30-day delayed effective date for the 
corrections in this notice. This notice merely corrects typographical 
and technical errors in the preamble and regulations text of the 
September 5, 2007 final rule and does not make substantive changes to 
the policies that were adopted in the final rule. Therefore, we find 
that undertaking further notice and comment procedures to incorporate 
these corrections into the final rule and delaying the effective date 
of these changes is unnecessary and contrary to the public interest.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance, and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: November 27, 2007.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 07-5905 Filed 11-30-07; 8:45 am]
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