[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95890-95892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31649]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 410, 411, 414, 417, 422, 423, 424, 425, and 460

[CMS-1654-CN3]
RIN 0938-AS81


Medicare Program; Revisions to Payment Policies Under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Bid Pricing Data Release; Medicare Advantage and 
Part D Medical Loss Ratio Data Release; Medicare Advantage Provider 
Network Requirements; Expansion of Medicare Diabetes Prevention Program 
Model; Medicare Shared Savings Program Requirements; Corrections

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical and typographical errors that 
appeared in the final rule published in the November 15, 2016 Federal 
Register (81 FR 80170). That rule is entitled, ``Medicare Program; 
Revisions to Payment Policies under the Physician Fee Schedule and 
Other Revisions to Part B for CY 2017; Medicare Advantage Bid Pricing 
Data Release; Medicare Advantage and Part D Medical Loss Ratio Data 
Release; Medicare Advantage Provider Network Requirements; Expansion of 
Medicare Diabetes Prevention Program Model; Medicare Shared Savings 
Program Requirements.''

DATES: This correcting document is effective January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Jessica Bruton (410) 786-5991.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc 2016-26668 (81 FR 80170 through 80562), the final rule 
entitled, ``Medicare Program; Revisions to Payment Policies under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Bid Pricing Data Release; Medicare Advantage and 
Part D Medical Loss Ratio Data Release; Medicare Advantage Provider 
Network Requirements; Expansion of Medicare Diabetes Prevention Program 
Model; Medicare Shared Savings Program Requirements'' there were a 
number of technical and typographical errors that are identified and 
corrected in this correcting document. These corrections are effective 
as if they had been included in the document published November 15, 
2016. Accordingly, the corrections are effective January 1, 2017.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 80252, in our discussion of certain primary care services, 
we made typographical errors and referenced the final HCPCS G-codes 
incorrectly.
    On page 80268, we made a typographical error in the new locality 
number for Stockton-Lodi-CA.
    On page 80330, due to a drafting error, we inadvertently stated 
that we did not receive any comments on our proposals for the 
Electroencephalogram (EEG) family of codes, CPT Codes 95812, 95813, and 
95957.
    On page 80540, we inadvertently included language in our discussion 
of ICRs regarding payment to organizations that provide Medicare 
Diabetes Prevention Program Services.
    On page 80543, due to a drafting error, in our discussion of RVUs 
relative to 2016, we inadvertently used the result descriptors 
incorrectly.
    On page 80543, due to typographical errors the title of Table 51 
and the CY 2017 RVU Budget Neutrality Adjustment are incorrect.

B. Summary and Correction of Errors in the Addenda on the CMS Web Site

    Due to a data error, the incorrect CY 2017 PE RVUs are included in 
Addendum B for HCPCS codes G0422

[[Page 95891]]

and G0423. The corrected CY 2017 PE RVUs for these codes are reflected 
in the corrected Addendum B available on the CMS Web site at 
www.cms.gov//PhysicianFeeSched/.

III. Waiver of Proposed Rulemaking

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rule in the 
Federal Register before the provisions of a rule take effect. 
Similarly, section 1871(b)(1) of the Act requires the Secretary to 
provide for notice of the proposed rule in the Federal Register and 
provide a period of not less than 60 days for public comment. In 
addition, section 553(d) of the APA and section 1871(e)(1)(B)(i) of the 
Act mandate a 30-day delay in effective date after issuance or 
publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA 
provide for exceptions from the APA notice and comment, and delay in 
effective date requirements; in cases in which these exceptions apply, 
sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide 
exceptions from the notice and 60-day comment period and delay in 
effective date requirements of the Act as well. Section 553(b)(B) of 
the APA and section 1871(b)(2)(C) of the Act authorize an agency to 
dispense with normal notice and comment rulemaking procedures for good 
cause if the agency makes a finding that the notice and comment process 
is impracticable, unnecessary, or contrary to the public interest; and 
includes a statement of the finding and the reasons for it in the rule. 
In addition, section 553(d)(3) of the APA and section 1871(e)(1)(B)(ii) 
allow the agency to avoid the 30-day delay in effective date where such 
delay is contrary to the public interest and the agency includes in the 
rule a statement of the finding and the reasons for it.
    In our view, this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This document 
merely corrects technical errors in the CY 2017 PFS final rule. The 
corrections contained in this document are consistent with, and do not 
make substantive changes to, the policies and payment methodologies 
that were proposed subject to notice and comment procedures and adopted 
in the CY 2017 PFS final rule. As a result, the corrections made 
through this correcting document are intended to resolve inadvertent 
errors so that the rule accurately reflects the policies adopted in the 
final rule.
    Even if this were a rulemaking to which the notice and comment 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 corrections in this document into 
the CY 2017 PFS final rule or delaying the effective date of the 
corrections would be contrary to the public interest because it is in 
the public interest to ensure that the rule accurately reflects our 
policies as of the date they take effect. Further, such procedures 
would be unnecessary because we are not making any substantive 
revisions to the final rule, but rather, we are simply correcting the 
Federal Register document to reflect the policies that we previously 
proposed, received public comment on, and subsequently finalized in the 
final rule. For these reasons, we believe there is good cause to waive 
the requirements for notice and comment and delay in effective date.

IV. Correction of Errors

    In FR Doc. 2016-26668 of November 15, 2016 (81 FR 80170-80562), 
make the following corrections:
    1. On page 80252,
    a. First column; in the section heading, 5. Assessment and Care 
Planning for Patients with Cognitive Impairment (GPPP6); line 3, the 
code ``(GPPP6)'' is corrected to read ``(G0505)''.
    b. Third column; first partial paragraph, line 6, the codes 
``GPPP1, GPPP2, GPPP3, GPPPX).'' are corrected to read ``G0502, G0503, 
G0504, G0507).''.
    c. Third column; first partial paragraph, line 12 and 13, the codes 
``GPPP1, GPPP2, GPPP3, and GPPPX'' are corrected to read ``G0502, 
G0503, G0504 and G0507''.
    3. On page 80268, top third of the page; in Table 15, MSA-Based Fee 
Schedule Areas in California--Continued, the list entry:

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                                  New locality    Fee schedule area (MSA
      Current locality No.             No.                name)                Counties         Transition area
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99.............................              73  Stockton-Lodi, CA......  San Joaquin.......  YES.
----------------------------------------------------------------------------------------------------------------

is corrected to read:

----------------------------------------------------------------------------------------------------------------
                                  New locality    Fee schedule area (MSA
      Current locality No.             No.                name)                Counties         Transition area
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99.............................              68  Stockton-Lodi, CA......  San Joaquin.......  YES.
----------------------------------------------------------------------------------------------------------------

    4. On page 80330, second column, third full paragraph; lines 1 and 
2 the sentence ``We did not receive any comments on our proposals for 
this family of codes.'' is corrected to read ``We received comments on 
the clinical labor task ``perform procedure'' for CPT codes 95812 and 
95813, but these comments did not address the information contained in 
the RUC's PE summary of recommendations, which served as the primary 
rationale for our proposal. Instead, the commenters stated that the 
clinical labor task is not temporally equivalent to the services 
performed by the physician.''
    5. On page 80540, third column; first full paragraph,
    a. Lines 2 through 4, the phrase ``Security Act exempts the Center 
for Medicare and Medicaid Innovation (CMMI) model tests and 
expansion,'' is corrected to read ``Security Act exempts models tested 
and expanded under section 1115A of the Act,''.
    b. Line 11, the phrase ``evaluation of CMMI models or'' is 
corrected to read ``evaluation of models or''.
    6. On page 80543,
    a. Third column, first full paragraph, line 10, the phrase ``an 
overall decrease'' is corrected to read ``an overall increase''.
    b. Third column, first full paragraph, line 12, the phrase 
``neutrality adjustment that is positive.'' is corrected to read 
``neutrality adjustment that is negative.''
    c. Bottom third of the page in Table 51, Calculation of the Final 
CY 2017 Anesthesia Conversion Factor (CM Estimate);
    (1) The parenthetical in the table heading ``(CM Estimate)'' is 
removed.

[[Page 95892]]

    (2) The list entry:

------------------------------------------------------------------------
    CY 2016 National Average
  Ansthesia Conversion Factor                                 21,9935
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CY 2017 RVU Budget Neutrality    0.013 percent (0.99987)
 Adjustment.
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is corrected to read:

------------------------------------------------------------------------
    CY 2016 National Average
  Anesthesia Conversion Factor                                21.9935
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CY 2017 RVU Budget Neutrality    -0.013 percent
 Adjustment.                      (0.99987).
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    Dated: December 22, 2016.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2016-31649 Filed 12-28-16; 8:45 am]
BILLING CODE 4120-01-P