[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61202-61203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24080]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 413 and 424

[CMS-1446-CN]
RIN 0938-AR65


Medicare Program; Prospective Payment System and Consolidated 
Billing for Skilled Nursing Facilities for FY 2014; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the August 6, 2013, Federal Register entitled 
``Medicare Program; Prospective Payment System and Consolidated Billing 
for Skilled Nursing Facilities for FY 2014.''

DATES: These corrections are effective October 1, 2013.

FOR FURTHER INFORMATION CONTACT: John Kane, (410) 786-0557.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2013-18776 of August 6, 2013 (78 FR 47936), there were a 
number of technical errors that are 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 FR Doc. 2013-
18776 published August 6, 2013, hereinafter referred to as the FY 2014 
SNF PPS final rule. Accordingly, the corrections are effective October 
1, 2013.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 47958, in our discussion of consolidated billing, a 
citation to the Medicare Claims Processing Manual (CMS Publication 100-
04) was inadvertently abbreviated incorrectly.
    On page 47963, in our discussion of ensuring accuracy in grouping 
to rehabilitation RUG-IV categories, a citation to the Medicare Benefit 
Policy Manual (CMS Publication 100-02) was inadvertently abbreviated 
incorrectly.

B. Summary of Errors in the Addenda

    On pages 47969 through 47975, in Table A: FY 2014 Wage Index for 
Urban Areas Based on CBSA Labor Market Areas, we inadvertently included 
several incorrect urban area titles for certain core-based statistical 
areas (CBSAs). As the result of receiving a corrected hospital cost 
report file, we also determined that we had inadvertently used 
incorrect wage data in calculating the wage index value for CBSA 30780 
(Little Rock-North Little Rock-Conway AR), producing an incorrect wage 
index value for this CBSA.

III. Waiver of Proposed Rulemaking and Delayed 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.
    We find for good cause that it is unnecessary to undertake notice 
and comment rulemaking because this document merely provides technical 
corrections to the FY 2014 SNF PPS final rule in the preamble and 
addenda. We are not making substantive changes to our payment 
methodologies or policies, but rather, are simply implementing 
correctly the payment methodologies and policies that we previously 
proposed, received comment on, and subsequently finalized. This 
correction document is intended solely to ensure that the FY 2014 SNF 
PPS final rule accurately reflects these payment methodologies and 
policies. Therefore, we believe that undertaking further notice and 
comment rulemaking activity in connection with it would be unnecessary 
and contrary to the public interest.
    Further, we believe a delayed effective date is unnecessary because 
this correction document merely corrects inadvertent technical errors. 
The corrections noted above do not make any substantive changes to the 
SNF PPS payment methodologies or policies. Moreover, we regard imposing 
a delay in the effective date as being contrary to the public interest. 
We believe that it is in the public interest for providers to receive 
appropriate SNF PPS payments in as timely a manner as possible and to 
ensure that the FY 2014 SNF PPS final rule accurately reflects our 
payment methodologies, payment rates, and policies. Therefore, we find 
good cause to waive notice and comment procedures, as well as the 30-
day delay in effective date.

Correction of Errors

    In FR Doc. 2013-18776 of August 6, 2013 (78 FR 47936), make the 
following corrections:

A. Corrections to the Preamble

    1. On page 47958, third column, first paragraph, lines 30 and 31, 
the parenthetical citation ``(see Pub. L. 100-04, ch. 6, Sec.  20.4)'' 
is corrected to read ``(see Pub. 100-04, ch. 6, Sec.  20.4)''.
    2. On page 47963, first column, third full paragraph, lines 10 and 
11, the parenthetical citation ``(see Pub. L. 100-02, ch. 8, Sec.  
30.6)'' is corrected to read ``(see Pub. 100-02, ch. 8, sec. 30.6)''.

B. Corrections to the Addendum

    1. On pages 47969 through 47975 in Table A--FY 2014 Wage Index for 
Urban Areas Based on CBSA Labor Market Areas,
    a. The urban areas for the listed entries (CBSAs) are corrected to 
read as follows:

------------------------------------------------------------------------
                                   Urban area  (constituent       Wage
          CBSA code                       counties)               index
------------------------------------------------------------------------
12420........................  Austin-Round Rock-San Marcos,      0.9576
                                TX.
12540........................  Bakersfield-Delano, CA.........    1.1579
13644........................  Bethesda-Rockville-Frederick,      1.0319
                                MD.
16740........................  Charlotte-Gastonia-Rock Hill,      0.9447
                                NC-SC.
22744........................  Fort Lauderdale-Pompano Beach-     1.0378
                                Deerfield, FL.
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    b. The wage index for the listed entry (CBSA 30780) is corrected to 
read as follows:

[[Page 61203]]



------------------------------------------------------------------------
                                   Urban area  (constituent       Wage
          CBSA code                       counties)               index
------------------------------------------------------------------------
30780........................  Little Rock-North Little Rock-     0.8632
                                Conway, AR.
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    c. The urban areas for the listed entries (CBSAs) are corrected to 
read as follows:

------------------------------------------------------------------------
                                   Urban area  (constituent       Wage
          CBSA code                       counties)               index
------------------------------------------------------------------------
36740........................  Orlando-Kissimmee-Sanford, FL..    0.9063
38900........................  Portland-Vancouver-Hillsboro,      1.1766
                                OR-WA.
41700........................  San Antonio-New Braunfels, TX..    0.8911
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(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: September 27, 2013.
Jennifer M. Cannistra,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2013-24080 Filed 9-30-13; 4:15 pm]
BILLING CODE 4120-01-P