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72531

Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations TABLE 1 TO PARAGRAPH aContinued Pesticide chemical
CAS Reg. No.

10-undecen-1-yl acetate

DEPARTMENT OF HEALTH AND
HUMAN SERVICES

I. Background In FR Doc. 202123993 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.

Centers for Medicare & Medicaid Services 42 CFR Parts 409, 424, 483, 484, 488, 489, and 498
CMS1747CN and CMS5531CN
RINs 0938AU37 and 0938AU32

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 LongTerm Care Facilities; Correction Centers for Medicare &
Medicaid Services CMS, Department of Health and Human Services HHS.
ACTION: Final rule; correction.
AGENCY:

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 LongTerm Care Facilities.
DATES: This correcting document is effective January 1, 2022.
SUMMARY:

khammond on DSKJM1Z7X2PROD with RULES

When ready for use, the end-use concentration is not to exceed 100 ppm.

Brian Slater, 410 7865229, for home health payment inquiries.
Frank Whelan 410 7861302, for provider enrollment inquiries.
SUPPLEMENTARY INFORMATION:

BILLING CODE 656050P

16:01 Dec 21, 2021

112196

FOR FURTHER INFORMATION CONTACT:

FR Doc. 202127580 Filed 122121; 8:45 am
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Limits
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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 424.525a3.
III. Waiver of Proposed Rulemaking and Delay in Effective Date Under 5 U.S.C. 553b 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 1871b1 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
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public comment. In addition, section 553d of the APA, and section 1871e1Bi of the Act mandate a 30day delay in effective date after issuance or publication of a rule. Sections 553bB and 553d3 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 1871b2C and 1871e1Bii 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 553bB of the APA
and section 1871b2C 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 553d3 of the APA and section 1871e1Bii of the Act allow the agency to avoid the 30day 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 publics interest for providers to receive appropriate payments in as timely a manner as possible, and to ensure that
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