This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

4343 

Vol. 74, No. 15 

Monday, January 26, 2009 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 416, and 419 

[CMS–1404–CN] 

RIN 0938–AP17; RIN 0938–AL80; RIN 0938– 

AH17 

Medicare Program; Changes to the 

Hospital Outpatient Prospective 

Payment System and CY 2009 Payment 

Rates; Changes to the Ambulatory 

Surgical Center Payment System and 

CY 2009 Payment Rates; Hospital 

Conditions of Participation: 

Requirements for Approval and ReApproval of Transplant Centers To 

Perform Organ Transplants— 

Clarification of Provider and Supplier 

Termination Policy Medicare and 

Medicaid Programs: Changes to the 

Ambulatory Surgical Center 

Conditions for Coverage 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule with 

comment period. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule with comment period 

published in the Federal Register on 

November 18, 2008, entitled ‘‘Medicare 

Program; Changes to the Hospital 

Outpatient Prospective Payment System 

and CY 2009 Payment Rates; Changes to 

the Ambulatory Surgical Center 

Payment System and CY 2009 Payment 

Rates; Hospital Conditions of 

Participation: Requirements for 

Approval and Re-Approval of 

Transplant Centers To Perform Organ 

Transplants—Clarification of Provider 

and Supplier Termination Policy 

Medicare and Medicaid Programs: 

Changes to the Ambulatory Surgical 

Center Conditions for Coverage’’ 

(hereinafter referred to as the CY 2009 

OPPS/ASC final rule with comment 

period). 

DATES: Effective Date: this document is 

effective on January 26, 2009. 

Applicability Date: The corrections in 

this document are applicable on and 

after January 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Alberta Dwivedi, (410) 786–0378. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E8–26212 of November 18, 

2008 (73 FR 68502), there were a few 

technical errors that are identified in the 

‘‘Summary of Errors’’ section and 

corrected in the ‘‘Correction of Errors’’ 

section below. 

II. Summary of Errors 

We incorrectly determined the CY 

2009 status indicator for new CY 2009 

Healthcare Common Procedure Coding 

System (HCPCS) code J3300 (Injection, 

triamcinolone acetonide, preservative 

free, 1 mg) and, as a result, incorrectly 

assigned HCPCS code J3300 status 

indicator ‘‘N.’’ Status indicator ‘‘N’’ 

indicates that items and services are 

packaged into ambulatory payment 

classification (APC) rates. Payment for 

those items and services assigned status 

indicator ‘‘N’’ is packaged into payment 

for other services, including, for 

example, outliers, and, therefore, there 

is no separate APC payment. The CY 

2009 OPPS/ASC final rule with 

comment period included several 

Addenda. The erroneous assignment of 

status indicator ‘‘N’’ to HCPCS code 

J3300 appears in Addendum B on page 

69228. On that page, we are changing 

the status indicator of HCPCS code 

J3300 from ‘‘N’’ to ‘‘K’’ (NonpassThrough Drugs and Biologicals; Paid 

under OPPS; separate APC payment) to 

correctly reflect its separately payable 

status for CY 2009. As a result of our 

error in determining the status indicator 

of HCPCS code J3300, and the 

corresponding incorrect indication of 

status indicator ‘‘N’’ in Addendum B, 

we need to make two additional 

conforming changes. 

Because we incorrectly packaged 

HCPCS code J3300 in the CY 2009 

OPPS/ASC final rule with comment 

period, we provided no APC assignment 

for the HCPCS code in that rule. With 

the correct assignment of status 

indicator ‘‘K’’ to HCPCS code J3300, an 

APC must be established for payment, 

because each separately payable drug or 

biological is assigned to its own unique 

APC under the OPPS. Therefore, in 

Addendum A, on page 68831, we are 

adding APC 1253 (Triamcinolone A inj 

PRS-free) with status indicator ‘‘K.’’ 

Also, in Addendum BB, on page 69301, 

a similar change to that made in 

Addendum B needs to be made to 

correspond to the Ambulatory Surgical 

Center (ASC) payment system. 

Accordingly, we are changing the ASC 

payment indicator for HCPCS code 

J3300 from ‘‘N1’’ to ‘‘K2’’ (Drugs and 

biologicals paid separately when 

provided integral to a surgical 

procedure on ASC list; payment based 

on OPPS rate) to correctly reflect 

separate payment of HCPCS code J3300 

under the ASC payment system. 

III. Correction of Errors 

In FR Doc. E8–26212 of November 18, 

2008 (73 FR 68502), make the following 

corrections: 

Addendum A.—Final OPPS APCs for 

CY 2009 

1. On page 68831, in column 1, insert 

between APC 1251 and APC 1280, lines 

24 and 25, the final OPPS CY 2009 entry 

for APC 1253 to read as follows: 

APC Group title SI Relative 

weight 

Payment 

rate 

National 

unadjusted 

copayment 

Minimum 

unadjusted 

copayment 

1253 ........................... Triamcinolone A inj PRS-free ........................................... K ................ $3.18 ................. $0.64 

4344 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Rules and Regulations 

Addendum B.—Final OPPS Payment by 

HCPCS Code for CY 2009 

2. On page 69228, in line 31, for 

HCPCS Code J3300— 

A. In column 4, the status indicator 

‘‘N’’ is corrected to read ‘‘K.’’ 

B. In column 5, the APC is corrected 

to read ‘‘1253.’’ 

C. In column 7, the payment rate is 

corrected to read ‘‘$3.18.’’ 

D. In column 9, the minimum 

unadjusted copayment is corrected to 

read ‘‘$0.64.’’ 

The HCPCS Code for J3300 should 

read as follows: 

HCPCS 

Code Short descriptor CI SI APC Relative weight 

Payment 

rate 

National 

unadjusted 

copayment 

Minimum 

unadjusted 

copayment 

J3300 ..... Triamcinolone A inj PRS-free ....................... NI K 1253 ................ $3.18 ................. $0.64 

Addendum BB.—Final ASC Covered 

Ancillary Services Integral to Covered 

Surgical Procedures for CY 2009 

(Including Ancillary Services for Which 

Payment Is Packaged) 

3. On page 69301, in line 37, for 

HCPCS Code J3300— 

A. In column 4, the payment indicator 

‘‘N1’’ is corrected to read ‘‘K2.’’ 

B. In column 6, the CY 2009 second 

year transition payment is corrected to 

read ‘‘$3.18.’’ 

IV. 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 

notice such as this take effect, in 

accordance with section 553(b) of the 

Administrative Procedure Act (APA) 

(5 U.S.C. 553(b)). We also ordinarily 

provide a 30-day delay in the effective 

date of the provisions of a notice in 

accordance with section 553(d) of the 

APA (5 U.S.C. 553(d)). However, we can 

waive both the notice and comment 

procedure and the 30-day delay in 

effective date if the Secretary finds, for 

good cause, that it is impracticable, 

unnecessary or contrary to the public 

interest to follow the notice and 

comment procedure or to comply with 

the 30-day delay in the effective date, 

and incorporates a statement of the 

finding and the reasons in the notice. 

The policies and payment 

methodologies finalized in the CY 2009 

OPPS/ASC final rule with comment 

period have previously been subjected 

to notice and comment procedures. This 

correction notice merely provides 

technical corrections to the CY 2009 

OPPS/ASC final rule with comment 

period that was promulgated through 

notice and comment rulemaking, and 

does not make substantive changes to 

the policies or payment methodologies 

that were finalized in the final rule with 

comment period. In order to conform 

the document to the final policies of the 

CY 2009 OPPS/ASC final rule with 

comment period, this notice makes 

changes to revise inaccurate tabular 

information. Therefore, we find it 

unnecessary to undertake further notice 

and comment procedures with respect 

to this correction notice. In addition, we 

believe it is important for the public to 

have the correct information as soon as 

possible and find no reason to delay the 

dissemination of it. For the reasons 

stated above, we find that both notice 

and comment and the 30-day delay in 

effective date for this correction notice 

are unnecessary. Therefore, we find 

there is good cause to waive notice and 

comment procedures and the 30-day 

delay in effective date for this correction 

notice. 

(Catalog of Federal Domestic Assistance 

Program No. 93.774, Medicare— 

Supplementary Medical Insurance Program) 

Dated: January 16, 2009. 

Ann Agnew, 

Executive Secretary to the Department. 

[FR Doc. E9–1519 Filed 1–23–09; 8:45 am] 

BILLING CODE 4120–10–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter 1 

[FCC 08–243; WT Docket No. 00–230] 

Promoting Efficient Use of Spectrum 

Through Elimination of Barriers to the 

Development of Secondary Markets 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In the Second Order on 

Reconsideration, the Commission 

denies a petition for reconsideration or, 

in the alternative, clarification filed by 

T-Mobile USA, Inc. with respect to the 

Commission’s Secondary Markets 

Second Report and Order (Second R&O) 

in this proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Spectrum and Competition Policy 

Division: Paul D’Ari at (202) 418–1550. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Order on Reconsideration, WT Docket 

No. 00–230, adopted on October 9, 2008 

and released on October 17, 2008. The 

full text of this document is available on 

the Internet at the Commission’s Web 

site: http://hraunfoss.fcc.gov/ 

edocs_public. It is also available for 

inspection and copying from 8 a.m. to 

4:30 p.m. ET Monday through Thursday 

or from 8 a.m. to 11:30 a.m. ET on 

Fridays in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. You may 

purchase the Second Order on 

Reconsideration from the Commission’s 

duplicating contractor, Best Copy & 

Printing, Inc. (BCPI), Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 202– 

488–5300, facsimile 202–488–5563, or 

you may contact BCPI at its Web site: 

http://www.BCPIWEB.com. When 

ordering documents from BCPI, please 

provide the appropriate FCC document 

number, for example, FCC 08–243. 

Summary of the Second Order on 

Reconsideration 

1. The Second Order on 

Reconsideration denies a Petition for 

Reconsideration or, in the Alternative, 

Clarification (Petition) filed by T-Mobile 

USA, Inc. (T-Mobile). In the Second 

R&O, the Commission took several steps 

to facilitate the development of 

secondary markets in spectrum usage 

rights involving Wireless Radio 

Services. Among other things, the 

Commission established immediate 

approval procedures for spectrum 

leasing arrangements and license 

assignments and transfers of control 

where the potential lessee or assignee/ 

transferee could certify either (1) that it 

does not have more than 25 percent 

indirect foreign ownership, or (2) that it 

has previously obtained a declaratory 

ruling from the Commission 

establishing that the proposed 

transaction falls within the scope of that 

declaratory ruling, including with 

respect to type of service and geographic 

coverage area, and that there has been 

no change in foreign ownership in the