Medicare Program; Modernizing and Clarifying the Physician Self-Referral Regulations Extension of Timeline for Publication of Final Rule

• Published date: 27 August 2020
• Record Number: 2020-18867
• Section: Proposed rules
• Court: Centers For Medicare & Medicaid Services

Federal Register, Volume 85 Issue 167 (Thursday, August 27, 2020)

[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
                [Proposed Rules]
                [Pages 52940-52941]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-18867]
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                DEPARTMENT OF HEALTH AND HUMAN SERVICES
                Centers for Medicare & Medicaid Services
                42 CFR Part 411
                [CMS-1720-RCN]
                RIN 0938-AT64
                Medicare Program; Modernizing and Clarifying the Physician Self-
                Referral Regulations Extension of Timeline for Publication of Final
                Rule
                AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
                ACTION: Extension of timeline for publication of final rule.
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                SUMMARY: This notice announces an extension of the timeline for
                publication of a Medicare final rule in accordance with the Social
                Security Act, which allows us to extend the timeline for publication of
                the final rule.
                DATES: As of August 26, 2020, the timeline for publication of the final
                rule to finalize the provisions of the October 17, 2019 proposed rule
                (84 FR 55766) is extended until August 31, 2021.
                FOR FURTHER INFORMATION CONTACT: Lisa O. Wilson, (410) 786-8852.
                SUPPLEMENTARY INFORMATION: In the October 17, 2019 Federal Register (84
                FR 55766), we published a proposed rule that addressed undue regulatory
                impact and burden of the physician self-referral law. The proposed rule
                was issued in conjunction with the Centers for Medicare & Medicaid
                Services' (CMS) Patients over Paperwork initiative and the Department
                of Health and Human Services' (the Department or HHS) Regulatory Sprint
                to Coordinated Care. In the proposed rule, we proposed exceptions to
                the physician self-referral law for certain value-based compensation
                arrangements between or among physicians, providers, and suppliers; a
                new exception for certain arrangements under which a physician receives
                limited remuneration for items or services actually provided by the
                physician; a new exception for donations of cybersecurity technology
                and related services; and amendments to the existing exception for
                electronic health records (EHR) items and services. The proposed rule
                also provides critically necessary guidance for physicians and health
                care providers and suppliers whose financial relationships are governed
                by the physician self-referral statute and regulations. This notice
                announces an extension of the timeline for publication of the final
                rule and the continuation of effectiveness of the proposed rule.
                 Section 1871(a)(3)(A) of the Social Security Act (the Act) requires
                us to establish and publish a regular timeline for the publication of
                final regulations based on the previous publication of a proposed
                regulation. In accordance with section 1871(a)(3)(B) of the Act, the
                timeline may vary among different regulations based on differences in
                the complexity of the regulation, the number and scope of comments
                received, and other relevant factors, but may not be longer than 3
                years except under exceptional circumstances. In addition, in
                accordance with section 1871(a)(3)(B) of the Act, the Secretary may
                extend the initial targeted publication date of the final regulation if
                the Secretary, no later than the regulation's previously established
                proposed publication date, publishes a notice with the new target date,
                and such notice includes a brief explanation of the justification for
                the variation.
                 We announced in the Spring 2020 Unified Agenda (June 30, 2020,
                www.reginfo.gov) that we would issue the final rule in August 2020.
                However, we are still working through the
                [[Page 52941]]
                complexity of the issues raised by comments received on the proposed
                rule and therefore we are not able to meet the announced publication
                target date. This notice extends the timeline for publication of the
                final rule until August 31, 2021.
                 Dated: August 24, 2020.
                Wilma M. Robinson,
                Deputy Executive Secretary to the Department, Department of Health and
                Human Services.
                [FR Doc. 2020-18867 Filed 8-26-20; 8:45 am]
                BILLING CODE 4120-01-P