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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations 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 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 errors in the FY 2022

Technology
FDA
Newness/Start Date
IPPS/LTCH PPS final rule and the FY
2022 IPPS/LTCH PPS final rule correcting amendment, 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 FY
2022 IPPS/LTCH 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 the FY 2022 IPPS/LTCH PPS final rule accurately reflects our policies.
Furthermore, such procedures would be unnecessary, as we are not altering our payment methodologies or policies, but rather, we are simply implementing correctly the methodologies and policies that we previously proposed, requested comment on, and subsequently finalized. This final rule correction is intended solely to ensure that the FY

NTAP
Start Date
NTAP Status for FY 2022

67875

2022 IPPS/LTCH PPS final rule accurately reflects these payment methodologies and policies. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. Moreover, even if these corrections were considered to be retroactive rulemaking, they would be authorized under section 1871e1Aii of the Act, which permits the Secretary to issue a rule for the Medicare program with retroactive effect if the failure to do so would be contrary to the public interest. As we have explained previously, we believe it would be contrary to the public interest not to implement the corrections in this final rule correction because it is in the publics interest for providers to receive appropriate payments in as timely a manner as possible, and to ensure that the FY 2022 IPPS/LTCH PPS final rule accurately reflects our policies.
IV. Correction of Errors A. Correction of Errors in the Final Rule In FR Doc. 202116519 of August 13, 202186 FR 44774, we are making the following corrections:
1. On page 44974, in the table titled Continuation of Technologies Approved for FY 2021 New Technology Add-On Payments and Still Considered New for FY 2022, the entry in row 3 is corrected to read as follows:

Previous Final Rule Citations
Maximum NTAP
Amount for FY2022

Coding Used to Identify Cases Eligible for NTAP

85 FR 58716
through 58717

$22,750

0JH60MZ in combination with 03HK3MZ or 03HL3MZ

3.

BAROSTIM
NED
System
08/16/2019

10/01/2020

Continue because 3-year anniversary date 8/16/2022
will occur in the second half ofFY2022

lotter on DSK11XQN23PROD with RULES1

B. Correction of Errors in the Correcting Document In FR Doc. 202122724 of October 20, 2021 86 FR 58019, we are making the following corrections:
1. On page 58023, lower half of the page following the table, third column:
a. Preceding the beginning of the partial paragraph before item 10, the paragraph is corrected by adding items 7 through 9 to read as follows:
7. On page 45133, top of the page,
VerDate Sep<11>2014

15:56 Nov 29, 2021

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a. First column, partial paragraph, 1 Line 4, the figure $31,500 is corrected to read $63,000.
2 Line 5, the figure $10,500 is corrected to read $21,000.
b. Second column, partial paragraph, last line, the figure $20,475 is corrected to read $40,950.
8. On page 45150, second column, last full paragraph, lines 27 through 31, the phrase in combination with one of the following ICD10CM codes: D65

PO 00000

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Fmt 4700

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Disseminated intravascular coagulation or D68.2 Hereditary deficiency of other clotting factors. is corrected to read in combination with one of the following ICD10CM codes:
D62 Acute posthemorrhagic anemia, D65 Disseminated intravascular coagulation, D68.2 Hereditary deficiency of other clotting factors, D68.4 Acquired coagulation factor deficiency or D68.9 Coagulation defect, unspecified..

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30NOR1

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