[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Rules and Regulations]
[Pages 52923-52924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18902]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 412 and 482
[CMS-1731-CN and CMS-1744-CN]
RIN-0938-AU07 and 0938-AU31
Medicare Program; FY 2021 Inpatient Psychiatric Facilities
Prospective Payment System (IPF PPS) and Special Requirements for
Psychiatric Hospitals for Fiscal Year Beginning October 1, 2020 (FY
2021); Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
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SUMMARY: In the August 4, 2020 issue of the Federal Register, we
published a final rule entitled ``FY 2021 Inpatient Psychiatric
Facilities Prospective Payment System (IPF PPS) and Special
Requirements for Psychiatric Hospitals for Fiscal Year Beginning
October 1, 2020 (FY 2021)''. The August 4, 2020 final rule updates the
prospective payment rates, the outlier threshold, and the wage index
for Medicare inpatient hospital services provided by Inpatient
Psychiatric Facilities (IPF), which include psychiatric hospitals and
excluded psychiatric units of an Inpatient Prospective Payment System
(IPPS) hospital or critical access hospital. In addition, we adopted
more recent Office of Management and Budget (OMB) statistical area
delineations, and applied a 2-year transition for all providers
negatively impacted by wage index changes. This correction document
corrects the statement of economic significance in the August 4, 2020
final rule.
DATES: This correction is effective October 1, 2020.
FOR FURTHER INFORMATION CONTACT: The IPF Payment Policy mailbox at
[email protected] for general information.
Nicolas Brock, (410) 786-5148, for information regarding the
statement of economic significance.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2020-16990 (85 FR 47042), the final rule entitled ``FY
2021 Inpatient Psychiatric Facilities Prospective Payment System (IPF
PPS) and Special Requirements for Psychiatric Hospitals for Fiscal Year
Beginning October 1, 2020 (FY 2021)'' (hereinafter referred to as the
FY 2021 IPF PPS final rule) there was an error in the statement of
economic significance and status as major under the Congressional
Review Act (5 U.S.C. 801 et seq.). Based on an estimated total impact
of $95 million in increased transfers from the federal government to
IPF providers, we previously stated that the final rule was not
economically significant under Executive Order (E.O.) 12866, and that
the rule was not a major rule under the Congressional Review Act.
However, the Office of Management and Budget designated this rule as
economically significant under E.O. 12866 and major under the
Congressional Review Act. We are correcting our previous statement in
the August 4, 2020 final rule accordingly. This correction is effective
October 1, 2020.
II. Summary of Errors
On page 47064, in the third column, the third full paragraph under
B. Overall Impact should be replaced entirely. The entire paragraph
stating:
``We estimate that this rulemaking is not economically significant
as measured by the $100 million threshold, and hence not a major rule
under the Congressional Review Act. Accordingly, we have prepared a
Regulatory Impact Analysis that to the best of our ability presents the
costs and benefits of the rulemaking.''
should be replaced with:
``We estimate that the total impact of this final rule is close to
the $100 million threshold. The Office of Management and Budget has
designated this rule as economically significant under E.O. 12866 and a
major rule under the Congressional Review Act (5 U.S.C. 801 et seq.).
Accordingly, we have prepared a Regulatory Impact Analysis that to the
best of our ability presents the costs and benefits of the
rulemaking.''
III. 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 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 of the
Department of Human Services 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.
This correction document does not constitute a rulemaking that
would be subject to these requirements because it corrects only the
statement of economic significance included in the FY 2021 IPF PPS
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 adopted and subjected to notice and comment
procedures in the FY 2021 IPF PPS final rule. Rather, the corrections
made through this correction document are intended to ensure that the
FY 2021 IPF PPS final rule accurately reflects OMB's determination
about its economic significance and major status under the
Congressional Review Act (CRA). Executive Order 12866 and CRA
determinations are functions of the Office of Management and Budget,
not the Department of Health and Human Services, and are not rules as
defined by the Administrative Procedure Act (5 U.S. Code 551(4)).
We ordinarily provide a 60-day delay in the effective date of final
rules after the date they are issued, in accordance with the CRA (5
U.S.C. 801(a)(3)). However, section 808(2) of the CRA provides that, if
an agency finds good cause that notice and public procedure are
impracticable, unnecessary, or contrary to the public interest, the
rule shall take effect at such time as the agency determines. Even if
this were a rulemaking to which the delayed effective date requirement
applied, we found, in the FY 2021 IPF PPS Final Rule (85 FR 47043),
good cause to waive the 60-day delay in the effective date of the IPF
PPS final rule. In the final rule, we explained that, due to CMS
prioritizing efforts in support of containing and combatting the COVID-
[[Page 52924]]
19 public health emergency by devoting significant resources to that
end, the work needed on the IPF PPS final rule was not completed in
accordance with our usual rulemaking schedule. We noted that it is
critical, however, to ensure that the IPF PPS payment policies are
effective on the first day of the fiscal year to which they are
intended to apply and therefore, it would be contrary to the public
interest to not waive the 60-day delay in the effective date.
Undertaking further notice and comment procedures to incorporate the
corrections in this document into the FY 2021 IPF PPS final rule or
delaying the effective date would be contrary to the public interest
because it is in the public's interest to ensure that the policies
finalized in the FY 2021 IPF PPS are effective as of the first day of
the fiscal year to ensure providers and suppliers receive timely and
appropriate payments. Further, such procedures would be unnecessary,
because we are not altering the payment methodologies or policies.
Rather, the correction we are making is only to indicate that the FY
2021 IPF PPS final rule is economically significant and a major rule
under the CRA. For these reasons, we find we have good cause to waive
the notice and comment and effective date requirements.
IV. Correction of Errors in the Preamble
In FR Doc. 2020-16990, appearing on page 47042 in the Federal
Register of Tuesday, August 4, 2020, the following correction is made:
1. On page 47064, in the 3rd column, under B. Overall Impact,
correct the third full paragraph to read as follows:
We estimate that the total impact of this final rule is very close
to the $100 million threshold. The Office of Management and Budget has
designated this rule as economically significant under E.O. 12866 and a
major rule under the Congressional Review Act (5 U.S.C. 801 et seq.).
Accordingly, we have prepared a Regulatory Impact Analysis that to the
best of our ability presents the costs and benefits of the rulemaking.
Dated: August 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2020-18902 Filed 8-26-20; 8:45 am]
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