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Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules and Regulations Prescribing for Controlled Substances for a Covered Part D Drug; Payment for Office/Outpatient Evaluation and Management Services; Hospital IQR
Program; Establish New Code Categories; Medicare Diabetes Prevention Program MDPP Expanded Model Emergency Policy; Coding and Payment for Virtual Check-in Services Interim Final Rule Policy; Coding and Payment for Personal Protective Equipment PPE Interim Final Rule Policy; Regulatory Revisions in Response to the Public Health Emergency PHE for COVID19; and Finalization of Certain Provisions from the March 31st, May 8th and September 2nd Interim Final Rules in Response to the PHE for COVID19 hereinafter referred to as the CY 2021 PFS final rule.
DATES: This correction is effective March 18, 2021, and is applicable beginning January 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Terri Plumb, 410 7864481, Gaysha Brooks, 410 7869649, or Annette Brewer 410 7866580.
SUPPLEMENTARY INFORMATION:
I. Background In FR Doc. 202026815 of December 28, 2020, the CY 2021 PFS final rule 85
FR 84472, there were technical errors that are identified and corrected in this correcting document. These corrections are effective and applicable beginning January 1, 2021.

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II. Summary of Errors A. Summary of Errors in the Preamble On page 84503, in the Medicare telehealth services list, due to a typographical error, the CPT code is incorrect.
On page 84513 in Table 14: Final Services for Temporary Addition to the Medicare Telehealth Services List, we inadvertently included CPT code 96121.
On page 84516 in Table 14: Final Services for Temporary Addition to the Medicare Telehealth Services List, we inadvertently included CPT codes 99221, 99222, and 99223.
On page 84560 in Table 23: CY 2020
Work RVUs and CY 2021 Final Work RVUs, we inadvertently included CPT
codes 99492 and 99493 and inadvertently omitted HCPCS codes G2211 and G2212. There were no changes made to the work RVUs for CPT
codes 99492 and 99493 in this final rule.
On page 84562 in Table 24:
Comparison of Physician Time, and Clinical Staff Time Non-facility and Facility for HCPCS Codes, CY 2020
Values vs. 2021 Final Values, we
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inadvertently included CPT codes 99492 and 99493 and inadvertently omitted HCPCS Codes G2211 and G2212.
On page 84665 in Table 28: CY 2021
Work RVUs for New, Revised and Potentially Misvalued Codes, due to a typographical error, we inadvertently included the incorrect descriptor for HCPCS code G2216.
B. Summary and Correction of Errors in the Addenda on the CMS Website Due to a technical change that was applied in error to the indirect practice expense PE allocation for HCPCS
codes G2082 and G2083 in the final rule, the Addendum B posted on the CMS website contained errors for the Non-Facility PE RVUs, Facility PE
RVUs, Total Non-Facility RVUs, and the Total Facility RVUs. Specifically, we assigned an incorrect physician specialty in our ratesetting process to the predecessor codes for HCPCS codes G2082 and G2083 in the CY 2020 PFS
final rule and CY 2021 PFS proposed rule. We intended to correct the assigned physician specialty for these codes in the CY 2021 PFS final rule;
however, we neglected to discuss this correction in the course of PFS
rulemaking for CY 2021. Since this technical change was applied in the CY
2021 PFS final rule, but was not discussed in the course of PFS
rulemaking for CY 2021, we are removing this change for the 2021
calendar year, retroactive to January 1, 2021. The Non-Facility PE RVUs, Facility PE RVUs, Total Non-Facility RVUs, and Total Facility RVUs that resulted from the correction of this error are reflected in the revised CY 2021
Addendum B available on the CMS
website at https www.cms.gov/
medicaremedicare-fee-service-payment physicianfeeschedpfs-federalregulation-notices/cms-1734-f.
Specifically, we are correcting the following:
1. In Addendum BRelative Value Units and Related Information Used in the CY 2021 PFS final rule, line 12615
for CPT/HCPCS code G2082, Visit esketamine 56m or less, a. Seventh column, the Non-Facility PE RVUs the value 17.68 is corrected to read 24.06.
b. Eighth column, the Facility PE
RVUs the value 0.17 is corrected to read 0.27.
c. Tenth column, Total Non-Facility RVUs the value 18.43 is corrected to read 24.81.
d. Eleventh column, Total Facility RVUs the value 0.92 is corrected to read 1.02.

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2. In Addendum BRelative Value Units and Related Information Used in the CY 2021 PFS final rule, line 12616
for CPT/HCPCS G2083 for Visit esketamine, >56m, a. Seventh column the Non-Facility PE RVUs the value 25.54 is corrected to read 34.72.
b. Eighth column the Facility PE
RVUs the value 0.17 is corrected to read 0.27.
c. Tenth column, Total Non-Facility RVUs the value 26.29 is corrected to read 35.47.
d. Eleventh column Total Facility RVUs the value 0.92 is corrected to read 1.02.
III. Waiver of Proposed Rulemaking and Delay in Effective Date Under 5 U.S.C. 553b of the Administrative Procedure Act the APA, the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. Similarly, section 1871b1 of the Social Security Act the Act requires the Secretary to provide for notice of the proposed rule in the Federal Register and provide 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 553bB and 553d3 of the APA
provide for exceptions from the APA
notice and comment, and delay in effective date 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 notice and comment rulemaking procedures for good cause if the agency makes a finding that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and includes a statement of the finding and the reasons for it in the rule.
In addition, section 553d3 of the APA and section 1871e1Bii allow the agency to avoid the 30-day delay in effective date where such delay is contrary to the public interest and the agency includes in the rule a statement of the finding and the reasons for it.
In our view, this correcting document does not constitute a rulemaking that would be subject to these requirements.
This document merely corrects technical errors in the CY 2021 PFS
final rule. The corrections contained in this document are consistent with, and
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