Medicare and Medicaid: Correction,

[Federal Register: August 10, 1999 (Volume 64, Number 153)]

[Rules and Regulations]

[Page 43295]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10au99-13]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 498

[HCFA-2054-CN]

RIN 0938-AJ59

Medicare and Medicaid Program; Appeal of the Loss of Nurse Aide Training Programs; Correction

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Correction of interim final rule with comment period.

SUMMARY: This document corrects a technical error that appeared in the interim final rule with comment period published in the Federal Register on July 23, 1999, entitled ``Medicare and Medicaid Programs; Appeal of the Loss of Nurse Aide Training Programs.''

EFFECTIVE DATE: July 23, 1999.

FOR FURTHER INFORMATION CONTACT: Jeffrey Golland, (202) 619-3377.

SUPPLEMENTARY INFORMATION:

Background

In FR Doc. 99-18802 of July 23, 1999, (64 FR 39934), there was a technical error. The error relates to an omission of a needed change to our hearing regulations and the accompanying preamble discussion. Specifically, the interim final regulation explicitly made appealable determinations of substandard quality of care that lead to a nursing home's loss of its nurse aide training program. What was inadvertently omitted was a needed revision to Sec. 498.3(b)(12) (Initial determinations by HCFA) which excludes a loss of nurse aide training from the list of initial determinations that are appealable. Because this provision is so flatly inconsistent with the rest of the recently published interim final rule, which made this determination appealable, Sec. 498.3(b)(12) needs to be revised as well to make it consistent with the rest of the nurse aide training appeal rule.

The provision in this correction notice is effective as if it had been included in the document published in the Federal Register on July 23, 1999.

Correction of Errors

In FR Doc. 99-18802 of July 23, 1999, make the following corrections:

1. On page 39936, column one, a paragraph is added after the second full paragraph to read as follows:

   ``We are revising Sec. 498.3(b) (Initial determinations by HCFA) by revising paragraph (12) to remove the reference to the loss of the approval for a nurse aide training program as an exception to an initial determination.''

   Sec. 498.3 [Corrected]

2. On page 39937, in column 3, in the regulations text, the amendatory language for item 2 should be revised to read as follows:

   ``2. In Sec. 498.3, paragraphs (b)(12) and (b)(13) are revised, a new paragraph (b)(15) is added, and paragraph (d)(10)(iii) is revised to read as follows:''

3. On page 39937, in column 3, in Sec. 498.3, paragraph (b)(12) is correctly revised to read as follows:

   Sec. 498.3 Scope and applicability

   * * * * *

   (b) * * *

   (12) With respect to an SNF or NF, a finding of noncompliance that results in the imposition of a remedy specified in Sec. 488.406 of this chapter, except the State monitoring remedy. * * * * * (Sections 1866(b) and (h) of the Social Security Act (42 U.S.C. 1395cc(b) and (h)).

   (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program)

   (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare--Hospital Insurance; and Program No. 93.774, Medicare-- Supplementary Medical Insurance Program)

   Dated: August 2, 1999. Kerry Weems, Deputy Assistant Secretary for Information Resources Management.

   [FR Doc. 99-20402Filed8-9-99; 8:45 am]

   BILLING CODE 4120-01-P