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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
are correcting the status indicator from B to A. We are also assigning 98972
to comment indicator CH to indicate that its status indicator has changed.
In Addendum B of the CY 2021
OPPS/ASC final rule with comment period, HCPCS codes G2010 and G2012
were incorrectly assigned to status indicator A to indicate that they should be paid under a fee schedule or payment system other than the OPPS.
However, because these codes were replaced with HCPCS codes G2250 and G2251 for certain non-physician practitioners, including rehabilitation therapists, effective January 1, 2021, we assigned them to status indicator B
under the OPPS to indicate that other more appropriate codes should be reported. Therefore, in the Addendum B
Final OPPS Payment by HCPCS code for CY 2021, we corrected the following:
HCPCS code G2010 Remote evaluation of recorded video and/or images submitted by an established patient e.g., store and forward, including interpretation with follow-up with the patient within 24 business hours, not originating from a related e/
m service provided within the previous 7 days nor leading to an e/m service or procedure within the next 24 hours or soonest available appointment. We made a typographical error in the status indicator assignment. Specifically, we are correcting the status indicator from A to B.
HCPCS code G2012 Brief communication technology-based service, e.g., virtual check-in, by a physician or other qualified health care professional who can report evaluation and management services, provided to an established patient, not originating from a related e/m service provided within the previous 7 days nor leading to an e/m service or procedure within the next 24 hours or soonest available appointment; 510 minutes of medical discussion. We made a typographical error in the status indicator assignment.
Specifically, we are correcting the status indicator from A to B.
In Addendum B of the CY 2021
OPPS/ASC final rule with comment period, HCPCS code G2211 was incorrectly assigned to status indicator N to indicate that it should be packaged under the OPPS. We intended to assign this code to status indicator B to indicate that it should not be payable under the OPPS because this code is an add-on code to existing Evaluation and Management codes that are assigned to status indicator B.
Therefore, in the Addendum B Final OPPS Payment by HCPCS code for CY
2021, we corrected the following:

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HCPCS code G2211 Visit complexity inherent to evaluation and management associated with medical care services that serve as the continuing focal point for all needed health care services and/or with medical care services that are part of ongoing care related to a patients single, serious condition or a complex condition. addon code, list separately in addition to office/outpatient evaluation and management visit, new or established.
We made a typographical error in the status indicator assignment.
Specifically, we are correcting the status indicator from N to B.
In Addendum B of the CY 2021
OPPS/ASC final rule with comment period, HCPCS code A9591 had an incorrect payment rate of $0.752. We corrected the following:
For HCPCS A9591 Fluoroestradiol f 18, diagnostic, 1 millicurie, we included an incorrect payment rate.
Specifically, we are correcting the payment rate from $0.752 to $626.583.
In Addendum C of the CY 2021
OPPS/ASC final rule with comment period, APC 9370, HCPCS code A9591
had an incorrect payment rate of $0.752.
We corrected the following:
For APC 9370 Fluoroestradiol f 18, HCPCS code A9591 Fluoroestradiol f 18, diagnostic, 1 millicurie, we included an incorrect payment rate.
Specifically, we are correcting the payment rate from $0.752 to $626.583.
In Addendum P, in the tab titled 2021 FR Device Intensive List, we inadvertently omitted CPT code 0404T
from this list. CPT code 0404T was finalized as a device-intensive procedure for CY 2021 with a device offset percentage of 31 percent. We have added this procedure to the list of device-intensive procedures on this tab in Addendum P.
To view the corrected CY 2021 OPPS
status indicators, comment indicators, APC assignments, relative weights, payment rates, copayment rates, deviceintensive status, and short descriptors in Addenda A, B, C, and P, we refer readers to the Addenda and supporting files that are posted on the CMS website at: http www.cms.gov/Medicare/
Medicare-Fee-for-Service-Payment/
HospitalOutpatientPPS/index.html.
Select CMS1736CN from the list of regulations. All corrected Addenda for this correcting document are contained in the zipped folder titled 2021 OPPS
Final Rule Addenda at the bottom of the page for CMS1736CN.
2. ASC Payment System Addenda Posted on the CMS Website In Addenda AA and BB, we inadvertently applied an incorrect ASC

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weight scalar to calculate payment rates under the ASC payment system. In our CY 2021 OPPS/ASC final rule with comment period, we finalized a policy to unpackage HCPCS code J1097
phenylephrine 10.16 mg/ml and ketorolac 2.88 mg/ml ophthalmic irrigation solution, 1 ml for CY 2021
85 FR 86172. However, in our budget neutrality adjustment calculation, we inadvertently omitted prospective expenditures related to J1097 for CY
2021. This error impacted the calculation of the ASC weight scalar and ASC payment rates. Accordingly, we have updated Addenda AA and BB to accurately reflect the ASC payment rates based on the revised ASC weight scalar, as corrected in this notice and updated to include the increased MPFS rates required by section 101a of Division N, Title I of the Consolidated Appropriations Act, 2021.
In Addendum BB of the CY 2021
OPPS/ASC final rule with comment period, HCPCS code A9591 had an incorrect payment rate of $0.75. We corrected the following:
For HCPCS A9591 Fluoroestradiol f 18, diagnostic, 1 millicurie, we included an incorrect payment rate.
Specifically, we are correcting the payment rate from $0.75 to $626.58.
To view the corrected final CY 2021
ASC payment indicators, payment weights, payment rates, and multiple procedure discounting indicator in Addenda AA and BB, we refer readers to the Addenda and supporting files on the CMS website at: https
www.cms.gov/Medicare/Medicare-Feefor-Service-Payment/ASCPayment/ASCRegulations-and-Notices.html. Select CMS1736CN from the list of regulations. All corrected ASC addenda for this correcting document are contained in the zipped folder titled Addendum AA, BB, DD1, DD2, and EE at the bottom of the page for CMS
1736CN.
III. Waiver of Proposed Rulemaking, 60-Day Comment Period, 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 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 notice of the proposed rulemaking in the Federal Register and a period of not less than 60
days for 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
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