of Beauregard, Grant, and St. Mary period on September 28, 2007. The wage index for Boston-Quincy, MA
parishes on November 6, 2007. correction notice appeared in the (CBSA 14484).
* * * * * October 10, 2007 Federal Register In Tables 2, 4A, and 4C of the FY
[FR Doc. E7–21687 Filed 11–5–07; 8:45 am] hereinafter referred to as the second FY 2008 IPPS final rule with comment
2008 IPPS correction notice. period and the second FY 2008 IPPS
BILLING CODE 6560–50–P
The provisions in this correction correction notice, there was also an
notice are effective as if they had been inadvertent error in the wage index
included in the FY 2008 IPPS final rule calculation for two core-based statistical
DEPARTMENT OF HEALTH AND with comment period. Accordingly, the areas (CBSAs). In calculating the wage
HUMAN SERVICES corrections are effective October 1, indices in the FY 2008 IPPS final rule
2007. with comment period, a provider was
Centers for Medicare & Medicaid
inadvertently included in CBSA 16180
Services II. Summary of Errors
Carson City, NV, when it is actually
We recently discovered a small geographically located in CBSA 39900
42 CFR Parts 411, 412, 413, and 489 number of inadvertent technical or Reno-Sparks, NV. The effect of this
[CMS–1533–CN3] typographical errors. Therefore, this change is that the wage indices for the
notice corrects the errors that appeared eight providers in these two CBSAs will
RIN 0938–A070
in the FY 2008 IPPS final rule with change. Therefore, in section III. of this
Medicare Program; Changes to the comment period and the second FY notice, we are correcting the wage
Hospital Inpatient Prospective 2008 IPPS correction notice. indices for these providers in these two
In the second FY 2008 IPPS correction CBSAs in Tables 2, 4A, and 4C. We note
Payment Systems and Fiscal Year 2008
notice (72 FR 57637), there were that wage index corrections may be
Rates; Correction
typographical errors in some of the case retroactive to the beginning of the
AGENCY: Centers for Medicare & mix indices listed in Table 2. The case Federal fiscal year if the requirements
Medicaid Services (CMS), HHS. mix index (CMI) values for some of the specified in § 412.64(k)(2)(ii) are met.
ACTION: Correction of final rule with providers listed in Table 2 of that The requirements in § 412.64(k)(2)(ii)
comment period. correction notice were intended to be are as follows: (1) The fiscal
the same as the CMI values in Table 2 intermediary or Medicare
SUMMARY: This document corrects wage of the FY 2008 IPPS final rule with Administrative Contractor (FI/MAC) or
index, case-mix index, and geographic comment period. However, there was an CMS made an error in tabulating data
adjustment factor errors in the final rule inadvertent typographical error that used for the wage index calculation; (2)
with comment period that appeared in resulted in the CMI values for certain the hospital knew about the error in its
the August 22, 2007 Federal Register providers being displayed on the wrong wage data and requested the FI/MAC
entitled ‘‘Medicare Program; Changes to line. Therefore, in this notice, we are and CMS to correct the error both
the Hospital Inpatient Prospective correcting some of the entries in Table within the established schedule for
Payment Systems and Fiscal Year 2008 2 to reflect the proper CMI values for making corrections to the wage data
Rates Final Rule’’; and the correction these providers. (which is at least before the beginning
notice that appeared in the October 10, Table 2 also contained errors in wage of the fiscal year for the applicable
2007 Federal Register entitled indices for providers 140B10 and update to the hospital inpatient
‘‘Medicare Program; Changes to the 220074. Each hospital is a part of a prospective payment system) and using
Hospital Inpatient Prospective Payment multicampus hospital, and each the established process; and (3) CMS
Systems and Fiscal Year 2008 Rates; hospital is reclassified to the labor agreed before October 1 that the FI/MAC
Correction’’. market area where other hospitals or CMS made an error in tabulating the
associated with its provider number are hospital’s wage data and the wage index
DATES: Effective Date: October 1, 2007. located. We note that these hospitals should be corrected. Since the wage
FOR FURTHER INFORMATION CONTACT: were properly assigned the reclassified indices errors that are corrected in this
Miechal Lefkowitz, (410) 786–5316. wage index in the FY 2008 IPPS final notice meet the requirements specified
Valerie Miller, (410) 786–4535. rule with comment period. However, in in § 412.64 of our regulations, these
SUPPLEMENTARY INFORMATION: the second FY 2008 IPPS correction corrections are effective October 1,
notice, Table 2 inadvertently listed each 2007.
I. Background hospital’s geographic area wage index Table 4C of the second FY 2008 IPPS
In FR Doc 07–3820 of August 22, 2007 rather than the hospital’s reclassified correction notice also contained
(72 FR 47130) and in FR Doc. 07–4875 wage index. Provider 140B10 was typographical errors in the geographic
of October 10, 2007 (72 FR 57634), there mistakenly assigned 1.0583, the area adjustment factor (GAF) for two CBSAs,
were a number of technical and wage index for Lake County-Kenosha CBSA 13820 (Birmingham-Hoover, AL)
typographical errors that are identified County, IL–WA (CBSA 29404). and CBSA 26620 (Huntsville, AL).
and corrected in the Correction of Errors Therefore, in section III. item 1 of this Therefore, in this notice, we are
section of this notice. notice (correction of Table 2), the wage correcting the GAFs for these CBSAs.
We issued the fiscal year (FY) 2008 index for provider 140B10 is corrected We note that the wage indices for these
hospital inpatient prospective payment to 1.0472, the reclassified wage index CBSAs were correct in the second FY
systems (IPPS) final rule with comment for Chicago-Naperville-Joliet, IL (CBSA 2008 IPPS correction notice and are
period on August 1, 2007. The FY 2008 16974). In addition, provider 220074 included in this notice to provide the
IPPS final rule with comment period was mistakenly assigned 1.0533, the reader with the wage indices and along
appeared in the August 22, 2007 area wage index value for Providence- with the corrected GAFs.
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62586 Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Rules and Regulations
1. On pages 57637 through 57698, in Federal Fiscal Year 2008; Hospital Wage Data); and 3-Year Average of
Table 2— Hospital Case-Mix Indexes for Average Hourly Wages for Federal Hospital Average Hourly Wages, the
Discharges Occurring in Federal Fiscal Fiscal Years 2006 (2002 Wage Data), listed entries are corrected to read as
Year 2006; Hospital Wage Indexes for 2007 (2003 Wage Data), and 2008 (2004 follows:
TABLE 2.—HOSPITAL CASE-MIX INDEXES FOR DISCHARGES OCCURING IN FEDERAL FISCAL YEAR 2006; HOSPITAL WAGE
INDEXES FOR FEDERAL FISCAL YEAR 2008; HOSPITAL AVERAGE HOURLY WAGES FOR FEDERAL FISCAL YEARS 2006
(2002 WAGE DATA), 2007 (2003 WAGE DATA), AND 2008 (2004 WAGE DATA); AND 3-YEAR AVERAGE OF HOSPITAL
AVERAGE HOURLY WAGES
FY 2008 wage Average hourly Average hourly Average hourly Average hourly
Provider No. Case-mix index index wage FY 2006 wage FY 2007 wage FY 2008 wage (3 years)
2. On pages 57698 through 57721, in Geographic Adjustment Factor (GAF) for listed entries are corrected to read as
Table 4A—Wage Index and Capital Urban Areas by CBSA—FY 2008, the follows:
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Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Rules and Regulations 62587
Wage
CBSA code Urban area (constituent counties) GAF
index
3. On pages 57722 through 57726, in Geographic Adjustment (GAF) for the listed entries are corrected to read as
Table 4C—Wage Index and Capital Hospitals that are Reclassified by CBSA, follows:
TABLE 4C.—WAGE INDEX AND CAPITAL GEOGRAPHIC ADJUSTMENT FACTOR (GAF) FOR HOSPITALS THAT ARE
RECLASSIFIED BY CBSA—FY 2008
Wage
CBSA code Area GAF
index
IV. Waiver of Proposed Rulemaking substantive changes to the policies or DEPARTMENT OF COMMERCE
and the 30-Day Delay in the Effective payment methodologies that were
Date adopted in the final rule with comment National Oceanic and Atmospheric
period. As a result, this notice is Administration
We ordinarily publish a notice of
proposed rulemaking in the Federal intended to ensure that the FY 2008
IPPS final rule with comment period 50 CFR Part 229
Register to provide a period for public
comment before the provisions of a rule accurately reflects the policies adopted [Docket No. 071030629–7630–01]
take effect in accordance with section in the FY 2008 IPPS final rule with
RIN 0648–XD72
553(b) of the Administrative Procedure comment period. Therefore, we find that
Act (APA) (5 U.S.C. 553(b)). However, undertaking further notice and comment Taking of Marine Mammals Incidental
we can waive this notice and comment procedures to incorporate these to Commercial Fishing Operations;
procedure if the Secretary finds, for corrections into the final rule or Atlantic Large Whale Take Reduction
good cause, that the notice and delaying the effective date of these Plan
comment process is impracticable, changes is unnecessary and contrary to
unnecessary, or contrary to the public the public interest. AGENCY: National Marine Fisheries
interest, and incorporates a statement of Service (NMFS), National Oceanic and
(Catalog of Federal Domestic Assistance Atmospheric Administration (NOAA),
the finding and the reasons therefore in
Program No. 93.773, Medicare—Hospital Commerce.
the notice.
Insurance; and Program No. 93.774,
Section 553(d) of the APA ordinarily ACTION: Temporary rule.
Medicare—Supplementary Medical
requires a 30-day delay in effective date Insurance Program)
of final rules after the date of their SUMMARY: The Assistant Administrator
publication in the Federal Register. Dated: October 31, 2007. for Fisheries (AA), NOAA, announces
This 30-day delay in effective date can Ann C. Agnew, temporary restrictions consistent with
be waived, however, if an agency finds the requirements of the Atlantic Large
Executive Secretary to the Department.
for good cause that the delay is Whale Take Reduction Plan’s
[FR Doc. 07–5513 Filed 11–1–07; 10:12 am]
impracticable, unnecessary, or contrary (ALWTRP) implementing regulations.
BILLING CODE 4120–01–P These regulations apply to lobster trap/
to the public interest, and the agency
incorporates a statement of the findings pot and anchored gillnet fishermen in
and its reasons in the rule issued. an area totaling approximately 2,031
For reasons noted below, we find nm2 (6,966 km2), southeast of Portland,
good cause to waive proposed Maine, for 15 days. The purpose of this
rulemaking and the 30-day delayed action is to provide protection to an
effective date for the technical aggregation of northern right whales
corrections in this notice. This notice (right whales).
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