Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Fiscal Year 2010 Rates and to the Long Term Care Hospital Prospective Payment System and Rate Year 2010 Rates etc.; Corrections
Federal Register: June 17, 2010 (Volume 75, Number 116)
Notices
Page 34614-34616
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr17jn10-159
Page 34614
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
CMS-1406-CN2
RIN 0938-AQ03
Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Fiscal Year 2010 Rates and to the Long-
Term Care Hospital Prospective Payment System and Rate Year 2010 Rates:
Final Fiscal Year 2010 Wage Indices and Payment Rates Implementing the
Affordable Care Act; Corrections
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correction of notice.
SUMMARY: This document corrects technical errors in the notice entitled
``Medicare Program; Hospital Inpatient Prospective Payment Systems for
Acute Care Hospitals and Fiscal Year 2010 Rates and to the Long-Term
Care Hospital Prospective Payment System and Rate Year 2010 Rates:
Final Fiscal Year 2010 Wage Indices and Payment Rates Implementing the
Affordable Care Act'' which appeared in the June 2, 2010 Federal
Register.
DATES: Effective Date: This document corrects technical errors that appeared in a notice that described revised standard Federal rates effective for payment years beginning October 1, 2009. Hospitals are paid based on the rates published in that notice, as corrected by this document, for discharges on or after April 1, 2010.
FOR FURTHER INFORMATION CONTACT: Tzvi Hefter, (410) 786-4487.
SUPPLEMENTARY INFORMATION:
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Background
In FR Doc. 2010-12563 of June 2, 2010 (that is, the fiscal year 2010 hospital inpatient prospective payment systems/rate year 2010 long-term care hospital prospective payment system (FY 2010 IPPS/RY 2010 LTCH PPS) notice), there were several technical and typographic errors that are identified and corrected in the Correction of Errors section below. This document corrects technical errors that appeared in the FY 2010 IPPS/RY 2010 LTCH PPS notice that described revised standard Federal rates effective for payment years beginning October 1, 2009. Hospitals are paid based on the rates published in that notice, as corrected by this document, for discharges on or after April 1, 2010.
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Summary of Errors
In the Addendum to the notice, we made technical and typographical errors in the titles of the Tables 1A through 1E and 4J. In Tables 1A through 1E, we inadvertently indicated that the values listed in the tables were applicable to payments made for discharges on or after
October 1, 2009 through discharges on or before September 30, 2010 instead of the second half of the fiscal year which is April 1, 2010 through September 30, 2010. Although these rates are effective for all of FY 2010 and RY 2010 as applicable, hospitals were not paid on the basis of the rates until April 1, 2010. Therefore, in section III. 1. and 2. of this notice, we correct this error in the listing of tables on page 31147 as well as the table headings on page 31148. In Table 4J, we made errors in the table heading in this list of tables and the table heading and table description that immediately precede the table.
We are correcting these errors in section III.5. of this correction notice.
In addition, we inadvertently included two section 508 hospitals in the FY 2010 wage index as reclassified under the Medicare Geographic
Classification Review Board (MGCRB) rather than assigning them their section 508 reclassification. Therefore, in section III.3., 4. and 6.b. of this notice, we are correcting, Tables 2, 4C, and 9B. In Table 9B, we also inadvertently titled the third column ``Geographic CBSA'' instead of ``Section 508 Reclassification CBSA.'' We are correcting this error in section III.6.a. of this correction notice.
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Correction of Errors
In FR Doc. 2010-12563 of June 2, 2010, make the following corrections: 1. On page 31147, a. First column, in the title for Table 1A, the date ``October 1, 2009'' is corrected to read ``April 1, 2010.'' b. Second column--
(1) In the title for Table 1B, the date ``October 1, 2009'' is corrected to read ``April 1, 2010.''
(2) In the title for Table 1C, the date ``October 1, 2009'' is corrected to read ``April 1, 2010.''
(3) In the title for Table 1D, the date ``October 1, 2009'' is corrected to read ``April 1, 2010.''
(4) In the title for Table 1E, the date ``October 1, 2009'' is corrected to read ``April 1, 2010.''
(5) In the title for Table 2, the parenthetical phrase, ``(April 1, 2010 through September 30, 2010)'' is corrected to read ``(April 1, 2010 through September 30, 2010 unless otherwise footnoted).'' c. Third column, the title, ``Table 4J.--Out-Migration Adjustment--
FY 2010 (April 1, 2010 through September 30, 2010)'' is corrected to read ``Table 4J.--(Abbreviated) Out-Migration Adjustment for Acute Care
Hospitals--FY 2010 (April 1, 2010 through September 30, 2010)'' 2. On page 31148-- a. First column--
(1) In the title for Table 1A, in the bracketed statement, the date
``October 1, 2009'' is corrected to read ``April 1, 2010.''
(2) In the title for Table 1B, in the bracketed statement, the date
``October 1, 2009'' is corrected to read ``April 1, 2010.''
(3) In the title for Table 1C, in the bracketed statement, the date
``October 1, 2009'' is corrected to read ``April 1, 2010.'' b. Second column
(1) In the title for Table 1D, in the bracketed statement, the date
``October 1, 2009'' is corrected to read ``April 1, 2010.''
(2) In the title for Table 1E, in the bracketed statement, the date
``October 1, 2009'' is corrected to read ``April 1, 2010.'' 3. On pages 31148 through 31211, in Table 2, a. In the title for Table 2, the parenthetical phrase ``(April 1, 2010 through September 30, 2010)'' is corrected to read ``(April 1, 2010 through September 30, 2010 unless otherwise footnoted).'' b. The listed entries are corrected to read as follows:
Page 34615
Table 2--Hospital Case-Mix Indexes for Discharges Occurring in Federal Fiscal Year 2008; Hospital Wage Indexes for Federal Fiscal Year 2010 (April 1, 2010 Through September 30, 2010 Unless Otherwise Footnoted); Hospital
Average Hourly Wages for Federal Fiscal Years 2008 (2004 Wage Data), 2009 (2005 Wage Data), and 2010 (2006 Wage
Data); and 3-Year Average of Hospital Average Hourly Wages
Average hourly Average hourly
Provider No.
Case-mix index FY 2010 wage Average hourly Average hourly wage FY 2010 wage \**\ (3
\2\
index
wage FY 2008 wage FY 2009
\1\
years)
070006 \6\
1.5739
1.2695
39.3935
41.2165
41.9550
40.8714 070010 \6\
1.6536
1.2695
36.7227
38.6114
38.7345
38.0240 070015
1.5383
1.2695
37.3454
39.9249
42.4738
39.9522 070018 \6\
1.4603
1.2695
41.8460
42.4771
44.1370
42.8524 070028 \6\
1.5644
1.2695
38.0855
40.9645
41.2950
40.1488 070033
1.4800
1.2695
41.7955
44.6717
46.5982
44.4108 070034 \6\
1.4667
1.2695
40.1685
42.4111
45.7694
42.8155 070036 \6\
1.6717
1.2886
42.3391
43.6374
44.0756
43.3656 310002
1.8480
1.2769
37.8652
37.9484
39.7599
38.5483 310009
1.4222
1.2769
33.6165
35.4624
37.9098
35.6657 310015
1.9526
1.2769
39.2928
40.8229
39.5076
39.8655 310017
1.3448
1.2769
35.7308
35.9806
34.8881
35.5276 310018
1.1786
1.2769
32.9704
32.6956
33.5069
33.0673 310021 \6\
1.6643
1.2769
31.6562
32.2064
33.2554
32.3743 310028 \6\
1.1675
1.2769
33.9911
34.8332
37.2987
35.4152 310038
1.9228
1.2769
36.3344
39.8707
40.7395
39.0018 310039
1.3348
1.2769
33.2100
32.6425
33.4253
33.0853 310050 \6\
1.3393
1.2769
32.3686
37.9214
32.5213
34.0930 310051 \6\
1.5305
1.2769
38.1174
39.7671
37.9104
38.5967 310054
1.4187
1.2769
36.9095
38.2432
37.2851
37.4826 310060 \6\
1.2940
1.2769
27.8242
27.9134
30.4626
28.7274 310070
1.4413
1.2769
36.3279
36.9999
36.8951
36.7447 310076
1.7144
1.2769
37.5163
38.1671
39.0325
38.2365 310083
1.3697
1.2769
31.9151
28.3406
28.2875
29.3819 310093
1.2441
1.2769
30.2860
32.3860
33.4460
32.0464 310096
1.8766
1.2769
35.0707
34.2014
36.3201
35.2111 310108
1.4508
1.2769
34.5866
36.2848
38.3403
36.4174 310115 \6\
1.3215
1.2769
31.9208
32.1197
33.7061
32.6067 310119
1.8872
1.2769
41.5702
41.2997
46.1339
42.9802 310120 \6\
1.1045
1.2769
33.3861
35.1661
36.3365
34.9295 330023 \6\
1.5109
1.2930
36.4736
37.5135
40.9595
38.3939 330027
1.3567
1.2930
45.1920
45.9571
49.0573
46.6599 330049 \6\
1.5474
1.2930
34.8585
34.9740
38.0110
36.0057 330067 \6\
1.4022
1.2930
29.2571
30.7537
31.5572
30.4995 330126 \6\
1.3626
1.2930
36.5689
37.7807
40.0542
38.1472 330135 \6\
1.2423
1.2930
32.0525
33.2314
35.3624
33.5938 330167
1.6734
1.2930
39.1251
39.2421
40.8753
39.7618 330181
1.3412
1.2930
43.0977
46.2181
47.2523
45.4811 330182
2.2325
1.2930
41.3033
42.7962
46.6346
43.5697 330198
1.4522
1.2930
34.8985
35.8715
37.9641
36.3109 330205 \6\
1.2381
1.2930
33.9418
35.3792
37.0171
35.4769 330225
1.2075
1.2930
35.7651
32.9036
33.7052
34.1540 330259
1.5187
1.2930
36.4788
39.0213
38.5914
37.9800 330331
1.3291
1.2930
41.2694
44.1734
44.3947
43.3044 330332
1.3587
1.2930
37.0111
38.6932
40.8557
38.8521 330372
1.2862
1.2930
35.1297
37.0323
40.3348
37.4455
\6\ The wage index for these section 508 and special exception providers are effective October 1, 2009 due to section 3137, as amended by section 10317 of the Affordable Care Act. 4. On pages 31206 through 31209, in Table 4C, the wage index and geographic adjustment factors for the listed entries are corrected to read as follows:
Table 4C--Wage Index and Capital Geographic Adjustment Factor (GAF) for Acute Care Hospitals That Are
Reclassified by CBSA and by State--FY 2010 (April 1, 2010 Through September 30, 2010)
Wage Index includes rural floor budget neutrality adjustment
Wage
CBSA Code
Area
State
index
GAF
35644............................... New York-White Plains-Wayne, CT....................
1.2695
1.1775
NY-NJ. 35644............................... New York-White Plains-Wayne, NJ....................
1.2769
1.1822
NY-NJ. 35644............................... New York-White Plains-Wayne, NY....................
1.2930
1.1924
NY-NJ.
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5. On page 31211, in Table 4J, the table title and description are corrected to read as follows:
Table 4J--(Abbreviated) Out-Migration Adjustment for Acute Care
Hospitals--FY 2010 (April 1, 2010 Through September 30, 2010)
The following abbreviated version of Table 4J lists one hospital that is added to the list of hospitals eligible to have their area wage index increased by the out-migration adjustment as a result of the implementation of the provisions of the Affordable Care Act. Hospitals cannot receive the out-migration adjustment if they are reclassified under section 1886(d)(10) of the Act or redesignated under section 1886(d)(8)(B) of the Act or if they are receiving a section 508 reclassification or special exception wage index. Hospitals that have already been reclassified under section 1886(d)(10) of the Act or redesignated under section 1886(d)(8)(B) of the Act, or that will now receive a section 508 reclassification or special exception wage index are designated with an asterisk. 6. On pages 31212 through 31213, in Table 9B-- a. Third column, the column heading ``Geographic CBSA'' is corrected to read ``Section 508 Reclassification CBSA.'' b. The table is corrected by adding the following providers:
Table 9B--Hospital Reclassifications and Redesignations by Individual Hospital Under Section 508 of Public Law 108-173
Revised as of April 1, 2010 and effective October 1, 2009 through September 30, 2010
Section 508
Wage index CBSA
Provider No.
Note
reclassification
section 508
Own wage
CBSA
reclassification
index
070010............................. ......................
35644
1.2695 ........... 070028............................. ......................
35644
1.2695 ...........
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Waiver of Proposed Rulemaking
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)). We also ordinarily provide a 30-day delay in the effective date of the provisions of a rule in accordance with section 553(d) of the APA.
However, we can waive this notice and comment procedure and the 30-day delay in the effective date 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.
The changes made by this notice do not constitute agency rulemaking. This correction notice merely corrects typographical and technical errors in the addendum of the FY 2010 IPPS/RY 2010 LTCH PPS notice and does not make substantive changes to either that notice or the policies or methodologies set forth in the FY 2010 IPPS/RY 2010
LTCH PPS final rule. Instead, this correction notice is intended to ensure that the FY 2010 IPPS/RY 2010 LTCH PPS notice accurately describes the changes to the FY 2010 IPPS and RY 2010 LTCH PPS payment amounts required by the Affordable Care Act. We further note that this document makes corrections to a notice that itself did not constitute agency rulemaking; we refer readers to section III.B. of the FY 2010
IPPS/RY 2010 LTCH PPS notice for additional discussion on that point.
However, to the extent that notice and comment rulemaking or a delay in effective date or both would otherwise apply, we find that notice and comment rulemaking and a delay in effective date would be unnecessary and impracticable for the reasons set forth above, as well as for the reasons articulated in section III.B. of the FY 2010 IPPS/RY 2010 LTCH PPS notice.
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: June 15, 2010.
Dawn L. Smalls,
Executive Secretary to the Department.
FR Doc. 2010-14810 Filed 6-15-10; 4:15 pm
BILLING CODE 4120-01-P
