[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Rules and Regulations]
[Pages 1742-1743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00277]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 413 and 424
[CMS-1446-CN3]
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 in the correcting
document that appeared in the January 2, 2014 Federal Register entitled
``Medicare Program; Prospective Payment System and Consolidated Billing
for Skilled Nursing Facilities for FY 2014; Correction.''
DATES: Effective Date: This correcting document is effective January 8,
2014.
Applicability Date: This correcting document is applicable to
skilled nursing facility services furnished on or after January 1,
2014.
FOR FURTHER INFORMATION CONTACT: John Kane, (410) 786-0557.
SUPPLEMENTARY INFORMATION:
I. Background
In the August 6, 2013 Federal Register (78 FR 47936), we published
a final rule entitled ``Medicare Program; Prospective Payment System
and Consolidated Billing for Skilled Nursing Facilities for FY 2014''
(hereinafter referred to as the FY 2014 SNF PPS final rule). To correct
typographical and technical errors in the FY 2014 SNF PPS final rule,
we published correcting documents that appeared in the October 3, 2013
Federal Register (78 FR 61202) and the January 2, 2014 Federal Register
(79 FR 63). We left out the applicability date from the DATES section
of the January 2, 2014 correcting document; therefore, in this
correcting document, we add the applicability date.
II. Summary of Errors
On page 63 of the January 2, 2014 correcting document (79 FR 63),
we inadvertently omitted the applicability date from the DATES section.
III. Waiver of Proposed Rulemaking and Delay of Effective Date
We ordinarily publish a notice of proposed rulemaking in the
Federal
[[Page 1743]]
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 therefor 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.
In our view, this correcting document does not constitute a rule
that would be subject to the APA notice and comment or delayed
effective date requirements. This correcting document simply adds the
applicability date that was inadvertently omitted and does not make
substantive changes to the policies or payment methodologies that were
adopted in the final rule.
In addition, even if this correcting document were a rule to which
the notice and comment procedures and delayed effective date
requirements applied, we find that there is good cause to waive such
requirements. Undertaking further notice and comment procedures to
incorporate the correction in this document into the January 2, 2014
correcting document (which corrected the FY 2014 SNF PPS final rule) or
delaying the effective date would be contrary to the public interest,
because it is in the public's interest for providers to receive
appropriate SNF PPS payments in as timely a manner as possible.
Furthermore, such procedures would be unnecessary, as we are not
altering our payment methodologies or policies, but rather, are simply
adding the applicability date that was inadvertently omitted.
Therefore, we find good cause to waive notice and comment procedures,
as well as the 30-day delay in effective date.
IV. Correction of Errors
In FR Doc. 2013-31435 of January 2, 2014 (79 FR 63), make the
following corrections:
1. On page 63, in the DATES section, the caption and sentence,
``DATES: Effective Date: This correction is effective January 2,
2014.'' are corrected to read as follows:
DATES: Effective Date: This correcting document is effective January 2,
2014.
Applicability Date: This correcting document is applicable to
skilled nursing facility services furnished on or after January 1,
2014.''
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: January 6, 2014.
Jennifer Cannistra,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2014-00277 Filed 1-8-14; 4:15 pm]
BILLING CODE 4120-01-P