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Centers for Medicare & Medicaid Services (CMS), HHS.
Correction of final rule with comment period.
This document corrects several technical and typographical errors in the final rule with comment period that appeared in the November 29, 2010 Federal Register entitled “Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2011; Final Rule” (75 FR 73170).
Effective Date: This correction is effective January 1, 2011.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Rebecca Cole or Erin Smith, (410) 786-4497.End Further Info End Preamble Start Supplemental Information
In FR Doc. 2010-27969 of November 29, 2010 (75 FR 73170) (hereinafter referred to as the Calendar Year (CY) 2011 Physician Fee Schedule (PFS) final rule with comment period), there were a number of technical and typographical errors that are identified and corrected in the Correction of Errors section of this notice. The provisions of this notice are effective as if they had been included in the CY 2011 PFS final rule with comment period. Accordingly, the corrections are effective January 1, 2011.
On November 30, 2010, the Physician Payment and Therapy Relief Act of 2010 (Pub. L. 111-286) was signed into law. Section 3 of Public Law 111-286 changed the policy finalized in the CY 2011 PFS final rule with comment period regarding payment reductions applied to multiple therapy services provided to the same patient on the same day and paid for under the PFS effective January 1, 2011.
Further, on December 15, 2010, the Medicare and Medicaid Extenders Act of 2010 (Pub. L. 111-309) was signed into law. Section 101 of Public Law 111-309 provides for a 1-year zero-percent update to the Medicare physician fee schedule (PFS) for CY 2011.
As this correction notice corrects the CY 2011 physician fee schedule final rule with comment period that was released prior to enactment of the statutory changes contained in the two laws noted above, the statutory changes to PFS payments for CY 2011 are not reflected in this correction notice. Payment files reflecting current law as of January 1, 2011 will be made available through usual CMS notices and data files.
II. Summary of Errors
A. Errors in the Preamble
1. Errors in the Budget Neutrality, Conversion, Anesthesia, and Other Factors
On page 73276, we are correcting the adjustments to the PE and malpractice RVUs to match the proportions of the RVU shares to the rebased and revised Medicare Economic Index (MEI), resulting from the corrections of work, PE, and malpractice RVUs discussed in this section. We are making the corresponding changes to Table 45—Calculation of the CY 2011 PFS CF.
On pages 73283 and 73284, we are correcting the figures for the CY 2011 budget neutrality factors, conversion factor (CF), and anesthesia CF to reflect the updated values resulting from the corrections to the work, PE, and malpractice RVUs discussed in this section.
On page 73388, we are correcting Table 60—CY 2011 RVUs for CPT code 77080 to reflect the corrected CF.
2. Errors in Work RVUs
On page 73328, we are correcting the count of AMA RUC work RVU recommendations with which we agreed or disagreed. Due to a typographical error, the published count was incorrect.
On page 73340, we are correcting the CY 2011 Interim Final Work RVU value for CPT code 52332 that was listed incorrectly due to a typographical error.
On page 73341, we are correcting the CY 2011 Interim Final Work RVU value for CPT code 77427 that was incorrect due to a technical error.
On pages 73342 through 73349, we are correcting Table 53: AMA RUC Recommendations and Interim Final Work RVUs for CY 2011 New, Revised, and Potentially Misvalued Codes to reflect the corrections previously listed for CPT codes 52332 and 77427, and to make these additional corrections:
- The AMA RUC-Recommended Work RVU value for CPT code 77427 was incorrect due to a typographical error.
- The CMS Decision and CY 2011 Interim Final Work RVU fields for CPT code 64483 were incorrect due to typographical errors.
3. Errors in the PE RVUs
On pages 73352 and 73353, in Table 54—CPT Codes With Accepted AMA RUC Direct PE Recommendations for CY 2011 Codes, we listed codes for which we accepted on an interim final basis the AMA RUC direct PE recommendations. However, due to technical errors, we did not apply the correct inputs when calculating the PE values for the following CPT codes: 31296, 31297, 37223, 90945, 95800, and 95801. Similar technical errors in the creation of the direct practice expense database resulted in incorrect direct PE inputs for five other CPT codes: 77750, 92506, 93224, 93225, and 93226. The corrections to these direct PE inputs are included in the corrected final CY 2011 direct PE database available under downloads for the CY 2011 PFS final rule with comment period on the CMS Web site at: http://www.cms.gov/PhysicianFeeSched/PFSFRN/list.asp#TopOfPage.
Changes to the PE RVUs resulting from the corrections to the direct PE inputs and the work RVU corrections previously noted are reflected in changes to Addendum B and Addendum C. We also note that because work RVUs factor into the calculation for both the malpractice (MP) and practice expense (PE) RVUs, those values for these CPT codes may have also changed, and these subsequent changes are reflected in Addenda B and C. In addition, on page 73188, we are correcting errors in Table 2—Calculation of PE RVUs Under Methodology for Selected Codes (we are correcting the table in its entirety) as a result of changed values for PE RVUs that indirectly resulted from the changes to work RVUs.
Finally, we note that changes in the RVUs for these codes affect additional codes due to various factors related to the relativity of the system including budget neutrality and adjustments to maintain PE RVU shares.
4. Errors in the Malpractice RVUs
In section II.B.2 of the preamble to the CY 2011 PFS final rule with comment period, we discussed malpractice RVUs for new and revised services. These codes are listed on pages 73209 through 73213 in Table 8: Source Codes for CY 2011 New/Revised Codes Used to Set the Malpractice RVUs, and their MP RVU values are listed in Addendum B Start Printed Page 1671and Addendum C. Due to a technical error in the application of the methodology used to calculate the MP RVUs as described in the CY 2011 PFS final rule with comment period, the MP RVU values listed for the following CPT codes were incorrect: 92606, 92607, 92608, 92609, 93452, 93452TC, 93453, 93453TC, 93454, 93454TC, 93457, 93457TC, 93458, 93458TC, 93459, 93459TC, 93460, 93460TC, 93461, 93461TC.
Additionally, changes to the MP RVUs resulting from the correction to the work RVUs for CPT codes 77427 and 52332 as previously described are also reflected in Addendum B and Addendum C. Finally, we note that changes in RVUs previously described affect MP RVUs for additional codes due to various factors related to the relativity of the system.
Due to the changes previously noted, we are correcting errors on pages 73595 through 73596 in Table 101: CY 2011 PFS Final Rule Total Allowed Charge Estimated Impact for RVU, MPPR, and MEI Rebasing Changes and on pages 73598 through 73600 in Table 102: Impact of Final Rule with Comment Period and Estimated Physician Update on CY 2011 Payment for Selected Procedures by replacing the tables in their entirety.
B. Errors in the Addenda
On pages 73630 through 73809 and 73810 through 73815, in Addendum B: CY 2011—Relative Value Units and Related Information Used in Determining Medicare Payments and Addendum C: Codes with Interim RVUs, respectively, we need to correct errors in the work, PE, or MP RVUs (or combinations of these RVUs) for certain existing new and revised CY 2011 CPT codes. These errors are a result of the technical and typographical errors identified and summarized in section II.A. of this correction notice. We note that we are providing these addenda in their entirety.
On page 73831 in Addendum J: List of CPT 1/HCPCS Codes Used to Define Certain Designated Health Service Categories 2 under Section 1877 of the Social Security Act Effective January 1, 2011 we are correcting a technical error in the short descriptor for HCPCS code G0431.
On pages 73841 through 73859, in Addendum K: CY 2011 ESRD Wage Index for Urban Areas Based on CBSA Labor Market Areas, we made technical and typographical errors in the composite rate wage index for CBSA codes 11540, 12060, 19060, 27740, and 35380, and in the ESRD PPS wage index for CBSA codes 40980 and 43780. On page 73848, we also made a typographical error in the CBSA code for Houston-Sugar Land-Baytown, TX.
On page 73859, in Addendum L: CY 2011 ESRD Wage Index for Rural Areas Based on CBSA Labor Market Areas, we made a technical error in the composite wage index for the nonurban area of Alaska.
III. Correction of Errors
In FR Doc. 2010-27969 of November 29, 2010 make the following corrections:
A. Corrections to the Preamble
1. On page 73188, in Table 2—Calculation of PE RVUs Under Methodology for Selected Codes, the table is corrected to read as follows:Start Printed Page 1672
|Step||Source||Formula||99213 Office visit, est nonfacility||33533 CABG, arterial, single facility||71020 Chest x-ray nonfacility||71020-TC||71020-26 Chest xray nonfacility||93000 ECG, complete nonfacility||93005 ECG, tracing nonfacility||93010 ECG, report nonfacility|
|(1) Labor cost (Lab)||Step 1||AMA||13.32||77.52||5.74||5.74||0.00||6.12||6.12||0.00|
|(2) Supply cost (Sup)||Step 1||AMA||2.98||7.34||3.39||3.39||0.00||1.19||1.19||0.00|
|(3) Equipment cost (Eqp.)||Step 1||AMA||0.19||0.65||8.17||8.17||0.00||0.12||0.12||0.00|
|(4) Direct cost (Dir)||Step 1||=(1)+(2)+(3)||16.50||85.51||17.31||17.31||0.00||7.43||7.43||0.00|
|(5) Direct adjustment (Dir. Adj)||Steps 2-4||See footnote*||0.50||0.50||0.50||0.50||0.50||0.50||0.50||0.50|
|(6) Adjusted Labor||Steps 2-4||=Lab * Dir Adj||=(1)*(5)||6.65||38.68||2.86||2.86||0.00||3.05||3.05||0.00|
|(7) Adjusted Supplies||Steps 2-4||= Sup * Dir Adj||=(2)*(5)||1.49||3.66||1.69||1.69||0.00||0.60||0.60||0.00|
|(8) Adjusted Equipment||Steps 2-4||= Eqp * Dir Adj||=(3)*(5)||0.10||0.33||4.08||4.08||0.00||0.06||0.06||0.00|
|(9) Adjusted direct||Steps 2-4||=(6)+(7)+(8)||8.23||42.67||8.64||8.64||0.00||3.71||3.71||0.00|
|(10) Conversion Factor (CF)||Step 5||PFS||36.87||36.87||36.87||36.87||36.87||36.87||36.87||36.87|
|(11) Adj. labor cost converted||Step 5||=(Lab * Dir Adj)/CF||=(6)/(10)||0.18||1.05||0.08||0.08||0.00||0.08||0.08||0.00|
|(12) Adj. supply cost converted||Step 5||=(Sup * Dir Adj)/CF||=(7)/(10)||0.04||0.10||0.05||0.05||0.00||0.02||0.02||0.00|
|(13) Adj. equipment cost converted||Step 5||=(Eqp * Dir Adj)/CF||=(8)/(10)||0.00||0.01||0.11||0.11||0.00||0.00||0.00||0.00|
|(14) Adj. direct cost converted||Step 5||=(11)+(12)+(13)||0.22||1.16||0.23||0.23||0.00||0.10||0.10||0.00|
|(15) Work RVU||Setup File||PFS||0.97||33.75||0.22||0.00||0.22||0.17||0.00||0.17|
|(16) Dir_pct||Steps 6, 7||Surveys||0.26||0.18||0.29||0.29||0.29||0.29||0.29||0.29|
|(17) Ind_pct||Steps 6, 7||Surveys||0.74||0.82||0.71||0.71||0.71||0.71||0.71||0.71|
|(18) Ind. Alloc. Formula (1st part)||Step 8||See Step 8||((14)/(16)) * (17)||((14)/(16)) * (17)||((14)/(16)) * (17)||((14)/(16)) * (17)||((14)/(16)) * (17)||((14)/(16)) * (17)||((14)/(16)) * (17)||((14)/(16)) * (17)|
|(19) Ind. Alloc. (1st part)||Step 8||See (18)||0.65||5.27||0.58||0.58||0.00||0.25||0.25||0.00|
|(20) Ind. Alloc. Formulas (2nd part)||Step 8||See Step 8||(15)||(15)||(15)+(11)||(11)||(15)||(15)+(11)||(11)||(15)|
|(21) Ind. Alloc. (2nd part)||Step 8||See (20)||0.97||33.75||0.30||0.08||0.22||0.25||0.08||0.17|
|(22) Indirect Allocator (1st + 2nd)||Step 8||=(19)+(21)||1.62||39.02||0.88||0.66||0.22||0.50||0.33||0.17|
|(23) Indirect Adjustment (Ind. Adj.)||Steps 9-11||See footnote**||0.37||0.37||0.37||0.37||0.37||0.37||0.37||0.37|
|(24) Adjusted indirect allocator||Steps 9-11||=Ind Alloc * Ind Adj||0.60||14.46||0.32||0.24||0.08||0.19||0.12||0.06|
|(25) Ind. Practice Cost Index (IPCI)||Steps 12-16||See Steps 12-16||1.11||0.83||0.89||0.89||0.89||0.92||0.92||0.92|
|(26) Adjusted Indirect||Step 17||= Adj.Ind Alloc * PCI||=(24) * (25)||0.67||12.05||0.29||0.22||0.07||0.17||0.11||0.06|
|(27) MEI Rebasing Adjustment||Step 18||PFS||1.18||1.18||1.18||1.18||1.18||1.18||1.18||1.18|
|(28) MPPR Adjustment||Step 18||PFS||1.01||1.01||1.01||1.01||1.01||1.01||1.01||1.01|
|(29) PE RVU||Step 18||=(Adj Dir + Adj Ind) * budn * MEI Adj * MPPR Adj||=((14)+(26)) * budn * (27) * (28)||1.06||15.69||0.62||0.53||0.09||0.32||0.25||0.07|
|Note: PE RVUs in table 2, row 29, may not match Addendum B due to rounding.|
|* The direct adj = [current pe rvus * CF * avg dir pct]/[sum direct inputs] = [Step 2]/[Step 3].|
|** The indirect adj = [current pe rvus * avg ind pct]/[sum of ind allocators] = [Step 9]/[Step 10].|
2. On page 73276, third column,
a. Second full paragraph,
(1) Line 23, the figure “1.181” is corrected to read “1.182.”
(2) Line 24, the figure “1.358” is corrected to read “1.361.”
(3) Line 28, the figure “1.358” is corrected to read “1.361.”
b. Last partial paragraph,
(1) Line 10, the figure “0.9181” is corrected to read “0.9175.”
(2) Line 11, the figure “1.181” is corrected to read “1.182.”
(3) Line 12, the figure “1.358” is corrected to read “1.361.”
3. On page 73283,
a. Top half of the page,
(1) First column, first full paragraph,
(a) Line 1, the figure “$25.5217” is corrected to read “$25.4999.”
(b) Line 3, the figure “$15.8085” is corrected to read “$15.7999.”
(2) Second column, second partial paragraph, last line, the figure “1.0045” is corrected to read “1.0043.”
(3) Third column, first partial paragraph,
(a) Line 6, the figure “0.9181” is corrected to read “0.9175.”
(b) Line 15, the figure “$25.5217” is corrected to read “$25.4999”
b. Bottom half of the page, in Table 45—Calculation of the CY 2011 PFS CF, the listed entries are corrected to read as follows:
|CY 2011 RVU Budget Neutrality Adjustment||0.4 percent (1.0043).|
|CY 2011 Rescaling to Match MEI Weights Budget Neutrality Adjustment||−8.3 percent (0.9175).|
|CY 2011 Conversion Factor||$25.4999|
4. On pages 73283 and 73284, top of the page, in Table 46—Calculation of the CY 2011 Anesthesia Conversion Factor, the listed entries are corrected to read as follows:
|CY 2011 Anesthesia Adjustment||−2.4 percent (0.9760).|
|CY 2011 Anesthesia Conversion Factor||$15.7999|
5. On page 73328, first column, last paragraph,
a. Line 4, the figure “207” is corrected to read “206.”
b. Line 7, the figure “84” is corrected to read “85.”
6. On page 73340, first column, first full paragraph,
a. Line 9, the number “1.47” is corrected to read “2.60.”
b. Line 10, the phrase “25th percentile” is corrected to read “low value.”
c. Line 14, the number “1.47” is corrected to read “2.60.”
7. On page 73341, third column, last paragraph, line 12, the figure “2.92” is corrected to read “3.37.”
8. On pages 73342 through 73349, in Table 53—AMA RUC Recommendations and Interim Final Work RVUs for CY 2011 New, Revised, and Potentially Misvalued Codes the listed entries are corrected to read as follows:
|CPT code||Short descriptor||Valued in relation to a potentially misvalued code screen||AMA RUC- recommended work RVUs||CMS decision||CY 2011 interim final work RVUs|
|52332||Cystoscopy and treatment||x||2.83||Disagree||2.60|
|64483||Inj foramen epidural l/s||x||1.90||Disagree||1.75|
|77427||Radiation tx management x5||x||3.45||Disagree||3.37|
9. On page 73388, lower third of the page,
a. First column, first paragraph, last line, the figure “$25.5217” is corrected to read “$25.4999.”
b. Table 60—CY 2011 RVUs for CPT Code 77080, the table is corrected to read as follows:
|CY 2011 CPT code||Mod||CY 2011 physician work RVUs||CY 2011 nonfacility PE RVUs||CY 2011 facility PE RVUs||CY 2011 malpractice RVUs|
10. On pages 73595 and 73596, in Table 101—CY 2011 PFS Final Rule Total Allowed Charge Estimate Impact for RVU, MPPR, and MEI Rebasing Changes, the table is corrected to read as follows:Start Printed Page 1674 Start Printed Page 1675
11. On pages 73598 through 73600, in Table 102—Impact of Final Rule with Comment Period and Estimated Physician Update on CY 2011 Payment for Selected Procedures, the table is corrected to read as follows:Start Printed Page 1676 Start Printed Page 1677
B. Corrections to the Addenda
1. On pages 73630 through 73809, in Addendum B: CY 2011-Relative Value Units and Related Information Used in Determining Medicare Payments, the addendum is corrected to read as follows:Start Printed Page 1678 Start Printed Page 1679 Start Printed Page 1680 Start Printed Page 1681 Start Printed Page 1682 Start Printed Page 1683 Start Printed Page 1684 Start Printed Page 1685 Start Printed Page 1686 Start Printed Page 1687 Start Printed Page 1688 Start Printed Page 1689 Start Printed Page 1690 Start Printed Page 1691 Start Printed Page 1692 Start Printed Page 1693 Start Printed Page 1694 Start Printed Page 1695 Start Printed Page 1696 Start Printed Page 1697 Start Printed Page 1698 Start Printed Page 1699 Start Printed Page 1700 Start Printed Page 1701 Start Printed Page 1702 Start Printed Page 1703 Start Printed Page 1704 Start Printed Page 1705 Start Printed Page 1706 Start Printed Page 1707 Start Printed Page 1708 Start Printed Page 1709 Start Printed Page 1710 Start Printed Page 1711 Start Printed Page 1712 Start Printed Page 1713 Start Printed Page 1714 Start Printed Page 1715 Start Printed Page 1716 Start Printed Page 1717 Start Printed Page 1718 Start Printed Page 1719 Start Printed Page 1720 Start Printed Page 1721 Start Printed Page 1722 Start Printed Page 1723 Start Printed Page 1724 Start Printed Page 1725 Start Printed Page 1726 Start Printed Page 1727 Start Printed Page 1728 Start Printed Page 1729 Start Printed Page 1730 Start Printed Page 1731 Start Printed Page 1732 Start Printed Page 1733 Start Printed Page 1734 Start Printed Page 1735 Start Printed Page 1736 Start Printed Page 1737 Start Printed Page 1738 Start Printed Page 1739 Start Printed Page 1740 Start Printed Page 1741 Start Printed Page 1742 Start Printed Page 1743 Start Printed Page 1744 Start Printed Page 1745 Start Printed Page 1746 Start Printed Page 1747 Start Printed Page 1748 Start Printed Page 1749 Start Printed Page 1750 Start Printed Page 1751 Start Printed Page 1752 Start Printed Page 1753 Start Printed Page 1754 Start Printed Page 1755 Start Printed Page 1756 Start Printed Page 1757 Start Printed Page 1758 Start Printed Page 1759 Start Printed Page 1760 Start Printed Page 1761 Start Printed Page 1762 Start Printed Page 1763 Start Printed Page 1764 Start Printed Page 1765 Start Printed Page 1766 Start Printed Page 1767 Start Printed Page 1768 Start Printed Page 1769 Start Printed Page 1770 Start Printed Page 1771 Start Printed Page 1772 Start Printed Page 1773 Start Printed Page 1774 Start Printed Page 1775 Start Printed Page 1776 Start Printed Page 1777 Start Printed Page 1778 Start Printed Page 1779 Start Printed Page 1780 Start Printed Page 1781 Start Printed Page 1782 Start Printed Page 1783 Start Printed Page 1784 Start Printed Page 1785 Start Printed Page 1786 Start Printed Page 1787 Start Printed Page 1788 Start Printed Page 1789 Start Printed Page 1790 Start Printed Page 1791 Start Printed Page 1792 Start Printed Page 1793 Start Printed Page 1794 Start Printed Page 1795 Start Printed Page 1796 Start Printed Page 1797 Start Printed Page 1798 Start Printed Page 1799 Start Printed Page 1800 Start Printed Page 1801 Start Printed Page 1802 Start Printed Page 1803 Start Printed Page 1804 Start Printed Page 1805 Start Printed Page 1806 Start Printed Page 1807 Start Printed Page 1808 Start Printed Page 1809 Start Printed Page 1810 Start Printed Page 1811 Start Printed Page 1812 Start Printed Page 1813 Start Printed Page 1814 Start Printed Page 1815 Start Printed Page 1816 Start Printed Page 1817 Start Printed Page 1818 Start Printed Page 1819 Start Printed Page 1820 Start Printed Page 1821 Start Printed Page 1822 Start Printed Page 1823 Start Printed Page 1824 Start Printed Page 1825 Start Printed Page 1826 Start Printed Page 1827 Start Printed Page 1828 Start Printed Page 1829 Start Printed Page 1830 Start Printed Page 1831 Start Printed Page 1832 Start Printed Page 1833 Start Printed Page 1834 Start Printed Page 1835 Start Printed Page 1836 Start Printed Page 1837 Start Printed Page 1838 Start Printed Page 1839 Start Printed Page 1840 Start Printed Page 1841 Start Printed Page 1842 Start Printed Page 1843 Start Printed Page 1844 Start Printed Page 1845 Start Printed Page 1846 Start Printed Page 1847 Start Printed Page 1848 Start Printed Page 1849 Start Printed Page 1850 Start Printed Page 1851 Start Printed Page 1852 Start Printed Page 1853 Start Printed Page 1854 Start Printed Page 1855 Start Printed Page 1856 Start Printed Page 1857
3. On page 73831, in Addendum J: List of CPT 1/HCPCS Codes Used to Define Certain Designated Health Service Categories 2 under Section 1877 of the Social Security Act Effective January 1, 2011, the listed entry is corrected to read as follows:
4. On pages 73841 through 73859, in Addendum K: CY 2011 ESRD Wage Index for Urban Areas Based on CBSA Labor Market Areas, the listed entries are corrected to read as follows:Start Printed Page 1858 Start Printed Page 1859
4. On page 73859, in Addendum L: CY 2011 ESRD Wage Index for Rural Areas Based on CBSA Labor Market Areas, the listed entry is corrected to read as follows:
III. Waiver of Proposed Rulemaking and Delay in Effective Date
We ordinarily publish a notice of proposed rulemaking in the Federal Register to provide a period for public comment before the provisions of a rule take effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we can waive the notice and comment procedure if the Secretary finds, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons for it in the rule.
Section 553(d) of the APA ordinarily requires a 30-day delay in the effective date of final rules after the date of their publication. This 30-day delay in effective date can be waived, however, if an agency finds for good cause that the delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued.
This document merely corrects typographical and technical errors made in the CY 2011 PFS final rule with comment period, which appeared in the November 29, 2010 Federal Register (75 FR 73170), and is (with limited exceptions not relevant to these corrections, but noted in the rule), effective January 1, 2011. The provisions of the final rule with comment period have been subjected previously to notice and comment procedures. The corrections contained in this document are consistent with, and do not make substantive changes to, the payment methodologies and policies adopted in the CY 2011 PFS final rule with comment period. As such, these corrections are being made to ensure the CY 2011 PFS final rule with comment period accurately reflects the policies adopted in that rule. Therefore, we find for good cause that it is unnecessary and would be contrary to the public interest to undertake further notice and comment procedures to incorporate these corrections into the CY 2011 PFS final rule with comment period.
For the same reasons, we are also waiving the 30-day delay in effective date for these corrections. We believe that it is in the public interest to ensure that the CY 2011 PFS final rule with comment period accurately states our policies as of the date they take effect. Therefore, we find that delaying the effective date of these corrections beyond the effective date of the final rule with comment period would be contrary to the public interest. In so doing, we find good cause to waive the 30-day delay in the effective date.Start Signature
Dated: December 29, 2010.
Dawn L. Smalls,
Executive Secretary to the Department.
BILLING CODE 4120-01-P
[FR Doc. 2010-33264 Filed 12-30-10; 4:15 pm]
BILLING CODE 4120-01-C