[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Rules and Regulations]
[Pages 8-10]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28005]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 403, 409, 410, 411, 414, 415, 416, 418, 424, 425, 489,
and 498
[CMS-1715-CN]
RIN 0938-AT72
Medicare Program; CY 2020 Revisions to Payment Policies Under the
Physician Fee Schedule and Other Changes to Part B Payment Policies;
Medicare Shared Savings Program Requirements; Medicaid Promoting
Interoperability Program Requirements for Eligible Professionals;
Establishment of an Ambulance Data Collection System; Updates to the
Quality Payment Program; Medicare Enrollment of Opioid Treatment
Programs and Enhancements to Provider Enrollment Regulations Concerning
Improper Prescribing and Patient Harm; and Amendments to Physician
Self-Referral Law Advisory Opinion Regulations Final Rule; and Coding
and Payment for Evaluation and Management, Observation and Provision of
Self-Administered Esketamine Interim Final Rule; 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 final rule that
appeared in the November 15, 2019 Federal Register entitled, ``Medicare
Program; CY 2020 Revisions to Payment Policies Under the Physician Fee
Schedule and Other Changes to Part B Payment Policies; Medicare Shared
Savings Program Requirements; Medicaid Promoting Interoperability
Program Requirements for Eligible Professionals; Establishment of an
Ambulance Data Collection System; Updates to the Quality Payment
Program; Medicare Enrollment of Opioid Treatment Programs and
Enhancements to Provider Enrollment Regulations Concerning Improper
Prescribing and Patient Harm; and Amendments to Physician Self-Referral
Law Advisory Opinion Regulations Final Rule; and Coding and Payment for
Evaluation and Management, Observation and Provision of Self-
Administered Esketamine Interim Final Rule'' (referred to hereafter as
the ``CY 2020 PFS final rule'').
DATES: This correcting document is effective January 1, 2020.
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FOR FURTHER INFORMATION CONTACT: Terri Plumb, (410) 786-4481, Gaysha
Brooks, (410) 786-9649, or Annette Brewer (410) 786-6580.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2019-24086 of November 15, 2019, the CY 2020 PFS final
rule (84 FR 62568), there were technical errors that are identified and
corrected in this correcting document. These corrections are effective
and applicable beginning January 1, 2020.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 62568 of the CY 2020 PFS final rule, under DATES, we
inadvertently omitted the applicability date for certain provisions,
consistent with and as described in section II.P. of the final rule,
Payment for Evaluation and Management Services.
On page 62699, we inadvertently included language that we intended
to delete.
On page 62910, we inadvertently included the word ``levels''.
On page 62932, we inadvertently stated incorrectly that the lone
amendment to our regulation at Sec. 424.535 was the addition of
paragraph (a)(22).
On page 62972, third column, last paragraph, lines 20 through 21,
we inadvertently omitted language.
On page 62973, first column, first paragraph, lines 4 through 7, we
inadvertently included certain language and inadvertently omitted other
language.
B. Summary of Errors in Regulations Text
On page 63185, we inadvertently omitted language in the amendatory
instruction.
C. Summary of Errors in the Addenda
On page 63205, due to a typographical error, language was
inadvertently omitted in the table title for Table Group A, the title
is incorrect.
On page 63212, due to a typographical error, language was
inadvertently omitted in the table title for Table Group AA, the title
is incorrect.
On page 63438, the last sentence of Table D.12 contains a
typographical error.
On page 63516, the Activity ID entry contains a typographical
error.
On pages 63539 through 63563, Appendix 2 was inadvertently included
twice.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the
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 Social Security Act (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 2020 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 2020 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 2020 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. 2019-24086 (84 FR 62568), published November 15, 2019,
make the following corrections:
A. Correction of Errors in the Preamble
1. On page 62568, in the second column, the first full paragraph is
corrected to read:
``DATES:
Effective date: These regulations are effective on January 1, 2020.
Applicability date: The following provisions as described in
section II.P. of this final rule, Payment for Evaluation and Management
Services, are applicable beginning January 1, 2021: (1) Adoption of
certain new coding, prefatory language, and interpretive guidance that
has been approved by the American Medical Association/Common Procedural
Terminology (AMA/CPT) Editorial Panel; (2) establishment of certain AMA
Relative Value Scale Update Committee (RUC)-recommended work values for
office/outpatient E/M visit codes; and (3) establishment and valuation
of a single add-on code for visit complexity inherent to evaluation and
management associated with medical care services that serve as the
focal point for al needed health care services and/or with medical care
services that are part of ongoing care related to a patient's single,
serious, or complex chronic condition.''.
2. On page 62699, second column, under the heading, ``7. Rural
Health Clinics (RHCs) and Federally-Qualified Health Centers (FQHCs)'',
first paragraph, lines 9 through 11, that reads ``health services, and
we are allowing G0511 to also be billed when the requirements for PCM
are met.'' is corrected to read ``health services.''.
3. On page 62910, third column, second full paragraph, line 6, that
reads ``(or payment models levels within a
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track)'' should read ``(or payment models within a track)''.
4. On page 62932, second column, third full paragraph, lines 15
through 17, that reads ``(a)(15); the lone amendment to Sec. 424.535
is the addition of paragraph (a)(22).'' is corrected to read ``(a)(15);
the only amendments to Sec. 424.535 are our previously mentioned
revision to paragraph (a)(14) and the addition of paragraph (a)(22).''.
5. On page 62972, third column, last paragraph, lines 20 through
21, that reads ``Hospitalists, medical oncologists, and radiation
specialties'' is corrected to read ``Hospitalists and radiation
oncologists,''.
6. On page 62973, first column, first partial paragraph, lines 4
through 7, that reads ``Other oncology specialties, including
hematology oncology, medical oncology, gynecological oncology, and
rheumatology' is corrected to read ``Rheumatology and other oncology
specialties, including hematology oncology, medical oncology, and
gynecological oncology,''.
B. Correction of Errors in the Regulatory Text
Sec. 403.902 [Corrected]
0
1. On page 63185, in the third column, amendatory instruction 2.b. is
corrected to read ``In the definition of ``Covered recipient'' by
revising paragraph (1).
C. Correction of Errors in the Addenda
1. On page 63205, the title ``TABLE Group A: New Quality Measures
Finalized for the 2022 MIPS Payment Year and Future Years'' is
corrected to read: ``TABLE Group A: New Quality Measures Finalized and
Not Finalized for the 2022 MIPS Payment Year and Future Years''.
2. On page 63212, the title ``TABLE Group AA: New Quality Measures
Finalized for the 2023 MIPS Payment Year and Future Years'' is
corrected to read: ``TABLE Group AA: New Quality Measure Not Finalized
for the 2023 MIPS Payment Year and Future Years''.
3. On page 63438, the last sentence of Table D.12 is corrected by
replacing ``Q112'' with ``Q113''.
4. On page 63516, the Activity ID entry ``IA_CC_18'' is corrected
to read ``IA_CC_19''.
5. On pages 63539 through 63563, the second occurrence of Appendix
2 is removed.
Dated: December 19, 2019.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2019-28005 Filed 12-30-19; 4:15 pm]
BILLING CODE 4120-01-P