Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Rules and Regulations 57541 

■ 2. Section 950.35 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of Final 

Publication’’ to read as follows: 

§ 950.35 Approval of Wyoming abandoned 

mine land reclamation plan amendments. 

* * * * * 

Original amendment submission date Date of final publication Citation/description 

* * * * * * * 

March 21, 2008 ...................................... October 3, 2008. .................................... Wyoming Statute (W.S.) § 35–11–1210(b) 

[FR Doc. E8–23368 Filed 10–2–08; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 411, 412, 413, 422, and 

489 

[CMS–1390–CN; CMS–1531–CN; CMS– 

1385–CN2] 

RIN 0938–AP15; RIN 0938–AO35; RIN 0938– 

AO65 

Medicare Program; Changes to the 

Hospital Inpatient Prospective 

Payment Systems and Fiscal Year 2009 

Rates; Payments for Graduate Medical 

Education in Certain Emergency 

Situations; Changes to Disclosure of 

Physician Ownership in Hospitals and 

Physician Self-Referral Rules; Updates 

to the Long-Term Care Prospective 

Payment System; Updates to Certain 

IPPS-Excluded Hospitals; and 

Collection of Information Regarding 

Financial Relationships Between 

Hospitals; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rules. 

SUMMARY: This document corrects 

technical and typographical errors that 

appeared in the final rule published in 

the Federal Register on August 19, 

2008, entitled ‘‘Medicare Program; 

Changes to the Hospital Inpatient 

Prospective Payment Systems and Fiscal 

Year 2009 Rates; Payments for Graduate 

Medical Education in Certain 

Emergency Situations; Changes to 

Disclosure of Physician Ownership in 

Hospitals and Physician Self-Referral 

Rules; Updates to the Long-Term Care 

Prospective Payment System; Updates 

to Certain IPPS-Excluded Hospitals; and 

Collection of Information Regarding 

Financial Relationships Between 

Hospitals.’’ 

DATES: Effective Date: Except for the 

items listed in section IV.B.3.a. through 

e. of this notice, the items listed in this 

correction notice are effective on 

October 1, 2008. The items listed in 

section IV.B.3.a. through e. of this notice 

are effective on October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter (410) 786–4487, Corrections to 

the preamble and addendum. Donald 

Romano, (410) 786–1401 or Lisa Ohrin, 

(410) 786–4565, Corrections to the 

regulations text for part 411. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E8–17914 of August 19, 

2008 (73 FR 48434), the final rule 

entitled Medicare Program; Changes to 

the Hospital Inpatient Prospective 

Payment Systems and Fiscal Year 2009 

Rates; Payments for Graduate Medical 

Education in Certain Emergency 

Situations; Changes to Disclosure of 

Physician Ownership in Hospitals and 

Physician Self-Referral Rules; Updates 

to the Long-Term Care Prospective 

Payment System; Updates to Certain 

IPPS-Excluded Hospitals; and 

Collection of Information Regarding 

Financial Relationships Between 

Hospitals’’ (hereinafter referred to as the 

FY 2009 IPPS final rule) there were a 

number of technical and typographical 

errors that are identified and corrected 

in the Correction of Errors section 

below. We note that the FY 2009 IPPS 

final rule had several effective dates (see 

73 FR 48343); and therefore, we are 

conforming the effective dates of the 

items listed in this notice with the 

effective dates specified in the FY 2009 

IPPS final rule. 

II. Summary of Errors 

A. Errors in the Preamble 

On page 48434, in the effective dates 

section of the final rule, we specified 

that § 411.357(p)(1)(i)(A) and (B) are 

effective on October 1, 2009. However, 

we made a technical error in codifying 

these paragraphs (see sections II.B. and 

IV.B.3.e.(B). of this notice). To ensure 

that the cross-reference is consistent 

with the regulations in § 411.357(p), we 

are correcting the cross-reference in 

section IV.A.1 of this notice. 

On pages 48491, 48497, and 48773, 

we made inadvertent typographical 

errors in two figures and a date. We 

correct these errors in section IV.A.2, 3, 

and 8 of this notice. 

On page 48509, we stated that we 

were finalizing several codes and that 

these codes will be added to the MCE 

edit for males only. However, through 

an inadvertent error the codes were not 

included in the final FY 2009 MCE 

edits. Therefore, in section IV.A.4. of 

this notice, we correct this discussion 

by adding language to note that the 

codes for MCE edit for males only will 

be added to the MCE codes for FY 2010. 

On page 48566, we discuss the 

analysis conducted by Acumen 

comparing MedPAC’s recommended 

wage indices to the current CMS wage 

index. In section IV.A.5 of this notice, 

we correct this discussion by adding a 

parenthetical statement to clarify that 

the wage index data that we provided 

did not include the effects of sections 

505 and 508 of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA). 

On page 48646, we discuss the 

deadline for submission of emergency 

Medicare graduate medical education 

(GME) affiliation agreements. In our 

example, we incorrectly stated the date 

by which hospitals are permitted to 

submit an emergency Medicare GME 

Affiliation agreement for the period 

from March 1, 2009, to June 30, 2009, 

and the period from July 1, 2009, to June 

30, 2010. The dates referenced were 

August 28, 2009, and August 28, 2010, 

respectively. In section IV.A.6 of this 

correction notice, we corrected these 

inadvertent errors. 

On page 48648, we discuss the rolling 

average and cap adjustments for FTE 

residents. In this discussion, we 

incorrectly stated that FTE residents 

training in new teaching hospitals and 

in new residency programs at existing 

teaching hospitals are excluded from the 

rolling average for the minimum 

accredited length of the program. In 

section IV.A.7. of this notice, we have 

corrected this error by revising this 

sentence to clarify that, in accordance 

with the regulations at § 413.79(d)(5), 

the exclusion from the rolling average 

applies for new programs that qualify 

for the cap adjustment under 

§ 413.79(e). 


jlentini on PROD1PC65 with RULES
57542 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Rules and Regulations 

B. Errors in the Regulation Text 

On page 48751, in the regulations text 

for § 411.353(c)(1)(ii) and (iii) and (g)(1), 

we made grammatical and typographical 

errors. We are correcting these errors in 

section IV.B.1. of this notice. 

On page 48752, in the regulations text 

for § 411.354(c)(1)(ii), we inadvertently 

omitted the quotation marks for the 

phrase ‘‘stand in the shoes’’. In section 

IV.B.2. of this notice, we are correcting 

this error. 

On pages 48752 and 48753, in the 

regulations text for § 411.357, we note 

the following errors: 

• In paragraphs (a)(5)(ii)(B), 

(b)(4)(ii)(B), (l)(3)(ii), and (p)(1)(i)(B) 

regarding rental of office space, rental of 

equipment, fair market value 

compensation, and indirect 

compensation arrangements, 

respectively, we inadvertently included 

the phrase ‘‘between the parties’’ 

instead of the phrase ‘‘by the lessor to 

the lessee’’. Therefore, our regulations 

text for these paragraphs do not 

accurately reflect our policy in the FY 

2009 IPPS final rule (see 73 FR 48713 

through 48714). We are correcting these 

errors in section IV.B.3., a., c., d., and 

e.D. of this notice. 

• In paragraph (b)(4)(ii)(A) regarding 

rental changes, we made a grammatical 

error in using the term ‘‘by’’ instead of 

‘‘through’’. We are correcting this error 

in section IV.B.3.b. of this notice. 

• In paragraph (p)(1)(i), we 

inadvertently included the last sentence 

as part of this paragraph instead of 

making that sentence the beginning of 

paragraph (p)(1)(ii). In section 

IV.B.3.e.B.., we are correcting this error 

by redesignating this language as 

paragraph (p)(1)(ii). 

• In paragraph (p)(1)(i)(A) 

(redesignated as paragraph (p)(1)(ii)(A)) 

(see section IV.B.3.e.C. of this notice) 

regarding compensation for the rental of 

office space or equipment, we 

inadvertently omitted the term ‘‘on’’ 

from the phrase ‘‘performed or business 

generated through’’. We are correcting 

this omission in section III.B.3.e.(3). of 

this notice. 

• In paragraphs (p)(1)(ii) and (iii), we 

inadvertently included regulatory text 

that also appears in paragraphs (p)(2) 

and (3) and is applicable to paragraph 

(p) in its entirety. In section IV.B.3.e.A. 

of this notice, we are correcting these 

errors by removing paragraphs (p)(1)(ii) 

and (iii). 

• In paragraph (r)(2)(ii) regarding 

remuneration of obstetrical malpractice 

insurance subsidies, we made 

grammatical errors when using the term 

‘‘payments’’. In section IV.B.3.f.A. of 

this notice, we are correcting the term 

to read ‘‘payment’’. 

• In paragraph (r)(3)(ii)(B) regarding 

the cost of malpractice insurance 

premiums, we inadvertently included 

the phrase ‘‘rural area or’’ which does 

not conform to the policy in the FY 

2009 IPPS final rule (see 73 FR 48734). 

In section IV.B.3.f.B. of this notice, we 

are correcting this error by removing the 

phrase. 

C. Errors in the Addendum 

On pages 48827 and 48881, in Tables 

2 and 3, we had erroneous wage data for 

provider number 300005 and rural New 

Hampshire, respectively. Therefore, we 

are correcting these errors in sections 

IV.C.1. and 2. of this notice. We note 

that the corrections to the wage data for 

the New Hampshire provider specified 

in this notice are consistent with our 

regulations at 42 CFR 412.64(k)(2)(ii). 

We also note that wage data corrections 

for this provider are also reflected in the 

FY 2009 final rates, wage indices, 

budget neutrality factors and tables 

included in the notice subsequent to the 

FY 2009 IPPS final rule published 

elsewhere in this Federal Register. 

On pages 49044, 49046, and 49060, 

we made technical errors in the MS– 

LTC–DRG titles for several MS–LTC– 

DRGs (that is, MS–LTC–DRGs 154 

through 156, 250, 251 and 864). We 

need to correct these titles so that they 

are consistent with the MS–DRG titles 

presented in Table 5 of the FY 2009 

IPPS final rule since the patient 

classification system utilized under the 

LTCH PPS uses the same diagnosisrelated groups (DRGs) as those used 

under the IPPS. Therefore, we are 

correcting these errors in section IV.C.3. 

of this notice. 

III. Waiver of Proposed Rulemaking 

and Delay in 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, we are waiving proposed 

rulemaking and the 30-day delayed 

effective date for the technical 

corrections in this notice. This notice 

merely corrects typographical and 

technical errors in the preamble, 

regulations text, and addendum of the 

FY 2009 IPPS final rule and does not 

make substantive changes to the policies 

or payment methodologies that were 

adopted in the final rule. As a result, 

this notice is intended to ensure that the 

FY 2009 IPPS final rule accurately 

reflects the policies adopted in the final 

rule. Therefore, we find that 

undertaking further notice and comment 

procedures to incorporate these 

corrections into the final rule or 

delaying the effective date of these 

changes is unnecessary and contrary to 

the public interest. 

IV. Correction of Errors 

In FR Doc. E8–17914 of August 19, 

2008 (73 FR 48434), make the following 

corrections: 

A. Corrections to the Preamble 

1. On page 48434, second column, 

third full paragraph, line 8, the crossreference ‘‘(p)(1)(i)(A) and (B)’’ is 

corrected to read ‘‘(p)(1)(ii)’’. 

2. On page 48491, top half of the page, 

in the untitled table, second column 

(CC/MCC (ICD–9–CM codes)), line 25, 

the figures ‘‘81.31–81.83’’ are corrected 

to read ‘‘81.31–81.38’’. 

3. On page 48497, first column, fourth 

full paragraph, last line, the phrase 

‘‘October 1, 2009’’ is corrected to read 

‘‘October 1, 2008’’. 

4. On page 48509, first column, fifth 

full paragraph, last line is corrected by 

adding the following sentences: 

‘‘However, there was an inadvertent 

omission of these codes from the MCE 

product. Therefore, we will add these 

codes in the MCE for FY 2010.’’ 

5. On page 48566, third column, first 

full paragraph, line 11, after the phrase 

‘‘FY 2007.’’ and before the word 

‘‘Acumen’s’’, the text is corrected by 

adding the following parenthetical 

sentence: 

‘‘(Note that the CMS final wage index 

Acumen analyzed excludes or removes 

the effects of sections 505 and 508 of 

MMA.)’’ 

6. On page 48646, first column, first 

paragraph 

a. Line 36, the date ‘‘August 28, 2009’’ 

is corrected to read ‘‘December 29, 

2009’’. 

b. Line 43, the date ‘‘August 28, 2010’’ 

is corrected to read ‘‘December 29, 

2010’’. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Rules and Regulations 57543 

7. On page 48648, third column, first 

paragraph, line 7, the sentence 

‘‘However, FTE residents training in 

new teaching hospitals and in new 

residency programs at existing teaching 

hospitals are excluded from the rolling 

average for the minimum accredited 

length of the program (dental and 

podiatry residents are always exempt 

from the rolling average.’’ is corrected to 

read ‘‘However, FTE residents training 

in new residency training programs that 

qualify for cap adjustments under 

§ 413.79(e) are excluded from the rolling 

average for the minimum accredited 

length of the program.’’ 

8. On page 48773, second column, last 

paragraph, line 8, the figure ‘‘0.09’’ is 

corrected to read ‘‘0.9’’. 

B. Corrections to the Regulation Text 

§ 411.353 [Corrected] 

■ 1. Section 411.353 is corrected by— 

■ a. On page 48751, in the second 

column, in paragraphs (c)(1)(ii) and (iii), 

removing the second and third commas. 

■ b. On the same page, in the third 

column, in paragraph (g)(1)(i), removing 

the word ‘‘complied’ and adding the 

word ‘‘complies’’ in its place. 

■ c. On same page in the same column, 

in paragraph (g)(1)(ii)(A), removing the 

phrase ‘‘Inadvertent, and the parties 

obtain the required signature(s) within 

90 consecutive calendar days 

immediately following the date on 

which the compensation arrangement 

becomes’’ and adding the phrase 

‘‘Inadvertent and the parties obtain the 

required signature(s) within 90 

consecutive calendar days immediately 

following the date on which the 

compensation arrangement became’’ in 

its place. 

■ d. On the same page, in the same 

column, in paragraph (g)(1)(ii)(B), 

removing the phrase ‘‘Not inadvertent, 

and the parties obtain the required 

signature(s) within 30 consecutive 

calendar days immediately following 

the date on which the compensation 

arrangement becomes’’ and adding the 

phrase ‘‘Not inadvertent and the parties 

obtain the required signature(s) within 

30 consecutive calendar days 

immediately following the date on 

which the compensation arrangement 

became’’ in its place. 

§ 411.354 [Corrected] 

■ 2. On page 48752, in the first 

columne, § 411.354(c)(1)(ii) introductory 

text is corrected by adding quotation 

marks to the phrase ‘‘stand in the 

shoes’’. 

§ 411.357 [Corrected] 

■ 3. Section 411.357 is corrected by— 

■ a. On page 45752, in the third column, 

in paragraph (a)(5)(ii)(B), removing the 

phrase ‘‘between the parties’’ and 

adding the phrase ‘‘by the lessor to the 

lessee’’ in its place. 

■ b. On the same page, in the same 

column, in paragraph (b)(4)(ii)(A), 

removing the word ‘‘by’’ and adding the 

word ‘‘through’’ in its place. 

■ c. On the same page, in the same 

column, in paragraph (b)(4)(ii)(B), 

removing the phrase ‘‘between the 

parties’’ and adding the phrase ‘‘by the 

lessor to the lessee’’ in its place. 

■ d. On page 48753, in the first column, 

in paragraph (l)(3)(ii), removing the 

phrase ‘‘between the parties’’ and 

adding the phrase ‘‘by the lessor to the 

lessee’’ in its place. 

■ e. On the same page, in the second 

column, in paragraph (p)(1)— 

■ A. Removing paragraphs (p)(1)(ii) and 

(iii). 

■ B. Redesignating the last sentence of 

paragraph (p)(1)(i) as paragraph 

(p)(1)(ii). 

■ C. In newly redesignated paragraph 

(p)(1)(ii)(A), removing the phrase 

‘‘performed or business generated 

through’’ and adding the phrase 

‘‘performed on or business generated 

through’’ in its place. 

■ D. In newly redesignated paragraph 

(p)(1)(ii)(B), removing the phrase 

‘‘between the parties’’ and adding the 

phrase ‘‘by the lessor to the lessee’’ in 

its place. 

■ f. In paragraph (r)— 

■ A. On the same page, in the third 

column, in paragraph (r)(2)(ii), removing 

the phrase ‘‘specifies the payments to be 

made by the hospital, federally qualified 

health center, or rural health clinic and 

the terms under which the payments 

are’’ and adding the phrase ‘‘specifies 

the payment to be made by the hospital, 

federally qualified health center, or 

rural health clinic and the terms under 

which the payment is’’ in its place. 

■ B. On page 48754, in the first column, 

in paragraph (r)(3)(ii)(B), removing the 

phrase ‘‘rural area or’’. 

C. Corrections to the Addendum 

1. On page 48827, in Table 2.— 

Hospital Case-Mix Indexes for 

Discharges Occurring in Federal Fiscal 

Year 2007; Hospital Wage Indexes for 

Federal Fiscal Year 2009; Hospital 

Average Hourly Wages for Federal 

Fiscal Years 2007 (2003 Wage Data), 

2008 (2004 Wage Data), and 2009 (2005 

Wage Data); and 3-Year Average of 

Hospital Average Hourly Wages, the FY 

2009 average hourly wage and the 3- 

year average hourly wage for provider 

number 300005 are corrected to read as 

follows: 

Provider No. 

Average 

hourly 

wage 

FY 2009 1

Average 

hourly 

wage** 

(3 years) 

300005 ...................... 28.2602 28.8266 

2. On page 48881, in Table 3B.—FY 

2009 and 3-Year* Average Hourly Wage 

for Rural Areas by CBSA, the FY 2009 

Average Hourly Wage and 3-Year 

Average Hourly wage for the CBSA 

Code 30 are corrected to read as follows: 

CBSA 

code 

Nonurban 

area 

FY 2009 

average 

hourly 

wage 

3-Year 

average 

hourly 

wage 

30 .... New Hampshire.33.1415 32.7814 

3. On pages 49044, 49046, and 49060, 

in Table 11.—FY 2009 MS–LTC–DRGs, 

Relative Weights, Geometric Average 

Length of Stay, and Short-Stay Outlier 

(SSO) Threshold, the MS–LTC–DRGs 

titles for the listed MS–LTC–DRGs are 

corrected as follows: 

MS–LTC– 

DRG MS–LTC–DRG Title 

154 ........... Other ear, nose, mouth, and 

throat diagnoses w MCC. 

155 ........... Other ear, nose, mouth, and 

throat diagnoses w CC. 

156 ........... Other ear, nose, mouth, and 

throat diagnoses w/o CC/ 

MCC. 

250 ........... Perc cardiovasc proc w/o coronary artery stent w MCC. 

251 ........... Perc cardiovasc proc w/o coronary artery stent w/o MCC. 

864 ........... Fever. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 25, 2008. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. E8–23082 Filed 9–29–08; 11:15 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 0 

[DA 08–2062] 

List of Office of Management and 

Budget (OMB) Approved Information 

Collection Requirements 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 


jlentini on PROD1PC65 with RULES