Medicare Program; FY 2016 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements; Correcting Amendment
| Published date | 31 August 2020 |
| Citation | 85 FR 53679 |
| Record Number | 2020-18905 |
| Section | Rules and Regulations |
| Court | Centers For Medicare & Medicaid Services |
Federal Register, Volume 85 Issue 169 (Monday, August 31, 2020)
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53679-53680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18905]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 418
[CMS-1629-F2]
RIN-0938-AS39
Medicare Program; FY 2016 Hospice Wage Index and Payment Rate
Update and Hospice Quality Reporting Requirements; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting amendment.
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SUMMARY: In the August 6, 2015 issue of the Federal Register, we
published a final rule that provided hospice quality reporting program
updates, including finalizing the proposal to codify the Hospice
Quality Reporting Program Submission Extension and Exemption
Requirements. The effective date of the final rule was October 1, 2015.
This correcting amendment corrects an omission identified in the August
6, 2015 final rule.
DATES: Effective date: August 31, 2020.
Applicability dates: This correcting amendment is applicable
beginning October 1, 2015.
FOR FURTHER INFORMATION CONTACT: Cindy Massuda, (443) 570-9589.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2015-19033 (80 FR 47142), the final rule entitled ``FY
2016 Hospice Wage Index and Payment Rate Update and Hospice Quality
Reporting Requirements'' (hereinafter referred to as the FY 2016 final
rule), there were technical errors that are identified and corrected in
the regulations text of this correcting amendment. The provisions of
this correcting amendment are applicable beginning October 1, 2015.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 47194, in the first paragraph of the second column states,
``Final Action: After consideration of comments, and given the
clarification above, CMS is finalizing our proposal to codify the HQRP
Submission Extension and Exemption Requirements at Sec. 418.312.'' The
revision needs to be added to the regulations text and the Code of
Federal Regulations (CFR).
[[Page 53680]]
B. Summary of Errors in the Regulations Text
On page 47207 of the FY 2016 final rule, we made technical errors
in the regulations text of Sec. 418.312. In this section, we
inadvertently omitted language on our extension and exemption
requirements policy. Accordingly, we are adding Sec. 418.312(i) to
accurately reflect our policy on extension and exemption requirements
for the hospice quality reporting program (HQRP).
C. Summary and Corrections of Errors in the Addenda on the CMS Website
We inadvertently omitted language on our extension and exemption
requirements policy. Accordingly, we are adding Sec. 418.312(i) to
accurately reflect our policy on extension and exemption requirements
for the HQRP.
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 Health and Human Services (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.
Section 553(d) of the APA ordinarily requires a 30-day delay in
effective date of final rules after the date of their publication in
the Federal Register. This 30-day delay in effective date can be
waived, however, if an agency finds for good cause that the delay is
impracticable, unnecessary, or contrary to the public interest, and the
agency incorporates a statement of the findings and its reasons in the
rule issued.
Our policy on HQRP Submission Extension and Exemption Requirements
at Sec. 418.312 in the FY 2016 final rule has previously been
subjected to notice and comment procedures. These corrections are
consistent with the discussion of this policy in the FY 2016 final rule
and do not make substantive changes to this policy as referenced at 80
FR 47193, ``in order to be considered, a request for an exemption or
extension must contain all of the finalized requirements as outlined on
our website at https://wayback.archive-it.org/2744/20150127181435/http:/www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/Hospice-Quality-Reporting/index.html.''
This correcting amendment merely corrects technical errors in the
regulations text of the FY 2016 final rule. As a result, this
correcting amendment is intended to ensure that the FY 2016 final rule
accurately reflects the policy adopted in the final rule. Therefore, we
find that undertaking further notice and comment procedures to
incorporate these corrections into the final rule is unnecessary and
contrary to the public interest.
For the same reasons, we are also waiving the 30-day delay in
effective date for this correcting amendment. We believe that it is in
the public interest to ensure that the FY 2016 final rule accurately
states our policy on HQRP Submission Extension and Exemption
Requirements at Sec. 418.312. Thus delaying the effective date of
these corrections would be contrary to the public interest. Therefore,
we also find good cause to waive the 30-day delay in effective date.
List of Subjects in 42 CFR Part 418
Health facilities, Hospice care, Medicare, Reporting and
recordkeeping requirements.
Accordingly, 42 CFR chapter IV is corrected by making the following
correcting amendments:
PART 418--HOSPICE CARE
0
1. The authority citation for part 418 continues to read as follows:
Authority: 42 U.S.C. 1302 and 1395hh.
0
2. Section 418.312 is amended by adding paragraph (i) to read as
follows:
Sec. 418.312 Data submission requirements under the hospice quality
reporting program.
* * * * *
(i) Exemptions and extensions requirements. (1) A hospice may
request and CMS may grant exemptions or extensions to the reporting
requirements under paragraph (b) of this section for one or more
quarters, when there are certain extraordinary circumstances beyond the
control of the hospice.
(2) A hospice requesting an exemption or extension must do so
within 90 days of the date that the extraordinary circumstances
occurred by sending an email to CMS Hospice QRP Reconsiderations at
[email protected] that contains all of the
following information:
(i) Hospice CMS Certification Number (CCN).
(ii) Hospice Business Name.
(iii) Hospice Business Address.
(iv) CEO or CEO-designated personnel contact information including
name, title, telephone number, email address, and mailing address (the
address must be a physical address, not a post office box).
(v) Hospice's reason for requesting the exemption or extension.
(vi) Evidence of the impact of extraordinary circumstances beyond
the hospice's control, including, but not limited to photographs,
newspaper, other media articles, or independent sources attesting to
the incident that can be reasonably corroborated. Include dates of
occurrence and other documentation that may support the rationale for
seeking extension or exemption.
(vii) Date when the hospice believes it will be able to again
submit data under paragraph (b) of this section and a justification for
the proposed date.
(3) CMS may grant exemptions or extensions to hospices without a
request if it determines that one or more of the following has
occurred:
(i) An extraordinary circumstance, such as an act of nature
including a pandemic, affects an entire region or locale.
(ii) A systemic problem with one of CMS' data collection systems
directly affect the ability of a hospice to submit data under paragraph
(b) of this section.
Dated: August 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2020-18905 Filed 8-28-20; 8:45 am]
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