[Federal Register: May 10, 1999 (Volume 64, Number 89)]
[Rules and Regulations]               
[Page 24956-24957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my99-11]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 498

[HCFA-3139-F]
RIN 0938-AC88

 
Medicare Program and Medicaid Programs; Effective Dates of 
Provider Agreements and Supplier Approvals; Correction

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Correcting amendments.

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SUMMARY: This document restores regulations that we inadvertently 
removed when we published a final rule concerning effective dates for 
provider agreements and supplier approvals. These regulations were 
published in the August 18, 1997 issue of the Federal Register (62 FR 
43931).

EFFECTIVE DATE: September 17, 1997.

FOR FURTHER INFORMATION CONTACT: Cathy Johnson, (410) 786-5241.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of these corrections 
established uniform criteria for determining the effective dates of 
Medicare and Medicaid provider agreements.

Need for Correction

    The August 18, 1997 final rule inadvertently removed coding and 
paragraphs (a)(2) and (a)(3) from Sec. 498.3. These corrections are 
necessary to restore valid regulations in Sec. 498.3.

List of Subjects in 42 CFR Part 498

    Administrative practice and procedure, Appeals, Medicare, 
Practitioners, providers, and suppliers.

    Accordingly, 42 CFR part 498 is corrected by making the following 
correcting admendments:

[[Page 24957]]

PART 498--APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT 
PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT 
AFFECT THE PARTICIPATION OF CERTAIN ICFs/MRs AND CERTAIN NFs IN THE 
MEDICAID PROGRAM

    1. The authority citation for part 498 continues to read as 
follows:

    Authority: Secs. 1102 and 1871 of the Social Security Act (42 
U.S.C. 1302 and 1395hh).

    2. In Sec. 498.3, paragraph (a) is revised to read as follows:


Sec. 498.3  Scope and applicability.

    (a) Scope. (1) This part sets forth procedures for reviewing 
initial determinations that HCFA makes with respect to the matters 
specified in paragraph (b) of this section, and that the OIG makes with 
respect to the matters specified in paragraph (c) of this section. It 
also specifies, in paragraph (d) of this section, administrative 
actions that are not subject to appeal under this part.
    (2) The determinations listed in this section affect participation 
in the Medicare program. Many of the procedures of this part also apply 
to other determinations that do not affect participation in Medicare. 
Some examples follow:
    (i) HCFA's determination to terminate an NF's Medicaid provider 
agreement.
    (ii) HCFA's determination to cancel the approval of an ICF/MR under 
section 1910(b) of the Act.
    (iii) HCFA's determination, under the Clinical Laboratory 
Improvement Act (CLIA), to impose alternative sanctions or to suspend, 
limit, or revoke the certificate of a laboratory even though it does 
not participate in Medicare.
    (3) The following parts of this chapter specify the applicability 
of the provisions of this part 498 to sanctions or remedies imposed on 
the indicated entities:
    (i) Part 431, subpart D--for nursing facilities (NFs).
    (ii) Part 488, subpart E (Sec. 488.330(e))--for SNFs and NFs.
    (iii) Part 493, subpart R (Sec. 493.1844)--for laboratories.
* * * * *
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program; No. 93.773, Medicare--Hospital Insurance; and 
Program No. 93.774, Medicare--Supplementary Medical Insurance 
Program)

    Dated: April 28, 1999.
Neil J. Stillman,
Deputy Assistant, Secretary for Information Resources Management.
[FR Doc. 99-11510 Filed 5-7-99; 8:45 am]
BILLING CODE 4120-01-P