Medicare and Medicaid Programs; CY 2022 Home Health Prospective Payment System Rate Update; Home Health Value-Based Purchasing Model Requirements and Model Expansion; Home Health and Other Quality Reporting Program Requirements; Home Infusion Therapy Services Requirements; Survey and Enforcement Requirements for Hospice Programs; Medicare Provider Enrollment Requirements; and COVID-19 Reporting Requirements for Long-Term Care Facilities; Correction

CourtCenters For Medicare & Medicaid Services
Citation86 FR 72531
Record Number2021-27568
Publication Date22 December 2021
72531
Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations
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[FR Doc. 2021–27580 Filed 12–21–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 409, 424, 483, 484, 488,
489, and 498
[CMS–1747–CN and CMS–5531–CN]
RINs 0938–AU37 and 0938–AU32
Medicare and Medicaid Programs; CY
2022 Home Health Prospective
Payment System Rate Update; Home
Health Value-Based Purchasing Model
Requirements and Model Expansion;
Home Health and Other Quality
Reporting Program Requirements;
Home Infusion Therapy Services
Requirements; Survey and
Enforcement Requirements for
Hospice Programs; Medicare Provider
Enrollment Requirements; and COVID–
19 Reporting Requirements for Long-
Term Care Facilities; Correction
AGENCY
: Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION
: Final rule; correction.
SUMMARY
: This document corrects
technical and typographical errors that
appeared in the final rule published in
the Federal Register on November 9,
2021 titled ‘‘Medicare and Medicaid
Programs; CY 2022 Home Health
Prospective Payment System Rate
Update; Home Health Value-Based
Purchasing Model Requirements and
Model Expansion; Home Health and
Other Quality Reporting Program
Requirements; Home Infusion Therapy
Services Requirements; Survey and
Enforcement Requirements for Hospice
Programs; Medicare Provider
Enrollment Requirements; and COVID–
19 Reporting Requirements for Long-
Term Care Facilities’’.
DATES
: This correcting document is
effective January 1, 2022.
FOR FURTHER INFORMATION CONTACT
:
Brian Slater, (410) 786–5229, for home
health payment inquiries.
Frank Whelan (410) 786–1302, for
provider enrollment inquiries.
SUPPLEMENTARY INFORMATION
:
I. Background
In FR Doc. 2021–23993 of November
9, 2021 (86 FR 62431), there were a
number of technical errors that are
identified and corrected in this
correcting document. The provisions in
this correction document are effective as
if they had been included in the
document that appeared in the
November 9, 2021 Federal Register.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 62240, we inadvertently
included a website address that is not
related to Home Health Value Based
Purchasing Model.
On pages 62250 and 62251, in our
discussion of the functional impairment
levels under the Patient-Driven
Groupings Model (PDGM), we made
typographical errors in an Outcome and
Assessment Information Set (OASIS)
item number.
On page 62251, we inadvertently
omitted a note following the table titled
‘‘Table 2: OASIS Points Table for those
Items Associated with Increases
Resource Use Using a Reduced Set of
OASIS Items, CY 2020’’.
B. Summary of Errors in the Regulations
Text
On page 62419, in our amendatory
instructions for § 424.525, we made an
inadvertent error in specifying the
revisions to § 424.525(a)(3).
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (APA),
the agency is required to publish a
notice of the proposed rulemaking 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 rulemaking 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 notice
and comment and delay in effective date
APA 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 rulemaking requirements for
good cause if the agency makes a
finding that the notice and comment
process are impracticable, unnecessary,
or contrary to the public interest. In
addition, both section 553(d)(3) of the
APA and section 1871(e)(1)(B)(ii) of the
Act allow the agency to avoid the 30-
day delay in effective date where such
delay is contrary to the public interest
and an agency includes a statement of
support.
We believe that this final rule
correction does not constitute a rule that
would be subject to the notice and
comment or delayed effective date
requirements. This document corrects
typographical and technical errors in
the CY 2022 HH PPS final rule, but does
not make substantive changes to the
policies or payment methodologies that
were adopted in the final rule. As a
result, this final rule correction is
intended to ensure that the information
in the CY 2022 HH PPS final rule
accurately reflects the policies adopted
in that document.
In addition, even if this were a rule to
which the notice and comment
procedures 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 final rule or delaying
the effective date would be contrary to
the public interest because it is in the
public’s interest for providers to receive
appropriate payments in as timely a
manner as possible, and to ensure that
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72532
Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations
the CY 2022 HH PPS final rule
accurately reflects our policies.
Furthermore, such procedures would be
unnecessary, as we are not altering our
payment methodologies or policies, but
rather, we are simply implementing
correctly the methodologies and policies
that we previously proposed, requested
comment on, and subsequently
finalized. This final rule correction is
intended solely to ensure that the CY
2022 HH PPS final rule accurately
reflects these payment methodologies
and policies. Therefore, we believe we
have good cause to waive the notice and
comment and effective date
requirements. Moreover, even if these
corrections were considered to be
retroactive rulemaking, they would be
authorized under section
1871(e)(1)(A)(ii) of the Act, which
permits the Secretary to issue a rule for
the Medicare program with retroactive
effect if the failure to do so would be
contrary to the public interest. As we
have explained previously, we believe it
would be contrary to the public interest
not to implement the corrections in this
final rule correction because it is in the
public’s interest for providers to receive
appropriate payments in as timely a
manner as possible, and to ensure that
the CY 2022 HH PPS final rule
accurately reflects our policies.
IV. Correction of Errors
In FR Doc. 2021–23993 of November
9, 2021 (86 FR 62240), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 62240, second column,
fifth full paragraph, lines 3 through 5,
the phrase ‘‘https://share.cms.gov/
center/CCSQ/CSG/DIQS/LTC/
LTCCOVIDReportingfinalrule/ please
visit’’ is corrected to read ‘‘please visit’’.
2. On page 62250, second column,
second full paragraph, line 7, the figure
‘‘M1032’’ is corrected to read ‘‘M1033’’.
3. On page 62251:
a. In the Table titled ‘‘Table 2: OASIS
Points Table for those Items Associated
with Increased Resource Use Using a
Reduced Set of OASIS Items, CY 2020’’,
last row, first column, the ‘‘M1032’’ is
corrected to read ‘‘M1033’’.
b. Following the table, after the table
note that begins ‘‘Source: CY 2020’’ and
ends ‘‘July 12, 2021’’, the table notes are
corrected by adding the following:
‘‘Note: For the OASIS items in this
table, the association between OASIS
points and responses is directly
associated with the resource use for
each item.’’.
B. Correction of Errors in the
Regulations Text
§ 424.525 [Corrected]
1. On page 62419, second column, in
§ 424.525, amendatory instruction 7b. is
corrected to read as follows:
‘‘b. In—
i. Paragraphs (a)(2) and (b) by
removing the phrase ‘‘prospective
provider’’ and adding the word
‘‘provider’’ in its place; and
ii. Paragraph (a)(3) by removing the
phrase ‘‘prospective institutional
provider’’ and adding the phrase
‘‘institutional provider’’ in its place;
and’’.
Karuna Seshasai,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2021–27568 Filed 12–21–21; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XB675]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Temporary rule; fishery
reopening.
SUMMARY
: NMFS reopens the General
category fishery for four days within the
December 2021 General category
subquota period. This action is intended
to provide a reasonable opportunity to
harvest the annual U.S. bluefin tuna
(BFT) quota without exceeding it, while
maintaining an equitable distribution of
fishing opportunities across time
periods. This action affects Atlantic
Tunas General category (commercial)
permitted vessels and Highly Migratory
Species (HMS) Charter/Headboat
permitted vessels with a commercial
sale endorsement when fishing
commercially for BFT.
DATES
: Effective 12:30 a.m., local time,
December 20, 2021, through 11:30 p.m.,
local time, December 23, 2021.
FOR FURTHER INFORMATION CONTACT
:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, Nicholas Velseboer,
nicholas.velsboer@noaa.gov, 978–281–
9260, or Thomas Warren,
thomas.warren@noaa.gov, 978–281–
9347.
SUPPLEMENTARY INFORMATION
: Atlantic
HMS fisheries, including BFT fisheries,
are managed under the authority of the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (FMP)
and its amendments are implemented
by regulations at 50 CFR part 635.
Section 635.27 divides the U.S. BFT
quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest
quotas under relevant international
fishery agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
The 2021 baseline quota for the
General category is 555.7 mt. The
General category baseline subquota for
the December time period is 28.9 mt.
Effective January 1, 2021, NMFS
transferred 19.5 mt of BFT quota from
the December 2021 subquota time-
period to the January through March
2021 subquota time-period resulting in
an adjusted subquota of 9.4 mt for the
December 2021 time period (85 FR
83832, December 23, 2020). Effective
December 1, 2021, NMFS transferred 9.5
mt of Reserve category quota and 20.2
mt of Harpoon category quota to the
General category resulting in an
adjusted December subquota of 39.1 mt
(86 FR 66975, November 24, 2021).
NMFS recently adjusted the December
General category subquota by adding
15.5 mt of underharvest from the
adjusted September and October
through November time periods
resulting in an adjusted December
subquota of 54.6 mt (86 FR 71393,
December 16, 2021). In that same action,
NMFS projected that the adjusted
December 2021 subquota of 54.6 mt
would be reached shortly, and
accordingly, closed the General category
on December 14, 2021.
General Category Reopening
As of December 16, 2021, preliminary
landings data indicate that the General
category December fishery landed 48.8
mt of the adjusted 54.6 mt subquota
before closing, leaving resulting in 5.8
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