[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71320-71321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28396]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 409

[CMS-1611-CN]
RIN 0938-AS14


Medicare and Medicaid Programs; CY 2015 Home Health Prospective 
Payment System Rate Update; Home Health Quality Reporting Requirements; 
and Survey and Enforcement Requirements for Home Health Agencies; 
Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects a technical error in the final rule 
that appeared in the Federal Register on November 6, 2014, entitled 
``Medicare and Medicaid Programs; CY 2015 Home Health Prospective 
Payment System Rate Update; Home Health Quality Reporting Requirements; 
and Survey and Enforcement Requirements for Home Health Agencies.''

DATES: Effective Date: This document is effective on January 1, 2015.

FOR FURTHER INFORMATION: Hillary Loeffler, (410) 786-0456.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2014-26057 of November 6, 2014 (79 FR 66032), there was 
a technical error identified and corrected in the Correction of Errors 
section below. The provisions in this correction document are effective 
as if they had been included in the document that appeared in the 
November 6, 2014 Federal Register. Accordingly, the correction is 
effective January 1, 2015.

II. Summary of Errors

    On page 66104, in our discussion about our decision to finalize the 
proposed changes to the regulations at Sec.  409.44, we inadvertently 
stated that the changes were effective for episodes ``ending'' on or 
after January 1, 2015. Consistent with the comment response prior to 
the final decision discussion on page 66104 stating that ``[t]he new 
therapy reassessment requirement will apply to episodes that begin on 
or after January 1, 2015,'' we meant to state that the therapy 
reassessment changes finalized in the regulations at Sec.  409.44 are 
effective for episodes ``beginning'' on or after January 1, 2015. At 
least every 30 days a qualified therapist (instead of an assistant) 
must provide the needed therapy service and functional reassessment of 
the patient. Where more than one discipline of therapy is being 
provided, a qualified therapist from each of the disciplines must 
provide the needed therapy service and functionally reassess the 
patient at least every 30 days. Therapy reassessments are to be 
performed using a method that would include objective measurement, in 
accordance with accepted professional standards of clinical practice, 
which enables comparison of successive measurements to determine the 
effectiveness of therapy goals. Such objective measurements would be 
made by the qualified therapist using measurements which assess 
activities of daily living that may include but are not limited to 
eating, swallowing, bathing, dressing, toileting, walking, climbing 
stairs, or using assistive devices, and mental and cognitive factors. 
The measurement results and corresponding effectiveness of the therapy, 
or lack thereof, must be documented in the clinical record.

III. Waiver of Proposed Rulemaking

    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

[[Page 71321]]

interest, and incorporates a statement of the finding and the reasons 
therefore in the notice.
    Since this correction document is simply correcting an 
applicability date for one provision, it is unnecessary to follow the 
notice and comment procedure in this instance. We therefore believe 
that we have good cause to forego notice and a period for comment.

IV. Correction of Errors

    In FR Doc. 2014-26057 of November 6, 2014 (79 FR 66032), make the 
following correction:
    1. On page 66104, in the third column, in the fifth paragraph 
beginning with ``Final Decision'', in the third line of the first 
sentence, remove ``ending'' and add ``beginning'' in its place.

    Dated: November 25, 2014.
C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2014-28396 Filed 12-1-14; 8:45 am]
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