[Federal Register: June 22, 2007 (Volume 72, Number 120)]
[Proposed Rules]
[Page 34425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn07-22]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 405, 413, and 417
[CMS-1727-RCN]
RIN 0938-AL54
Medicare Program; Provider Reimbursement Determinations and
Appeals; Extension of Timeline for Publication of Final Rule
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Extension of timeline.
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SUMMARY: Section 1871(a)(3)(A) of the Social Security Act (the Act)
requires us to publish a Medicare final rule no later than 3 years
after the publication date of the proposed rule. This notice announces
an extension of the timeline for publication of a Medicare final rule
in accordance with section 1871(a)(3)(B) of the Act, which allows us to
extend the timeline for publication of final rules under exceptional
circumstances.
DATES: The timeline for the publication of a final rule is extended
until June 25, 2008.
FOR FURTHER INFORMATION CONTACT: Morton Marcus, (410) 786-4477. Donald
Romano, (410) 786-1401.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1871(a)(3)(A) of the Act requires us to establish and
publish a regular timeline for the publication of final regulations
based on the previous publication of a proposed regulation. In
accordance with section 1871(a)(3)(B) of the Act, the timeline may vary
among different regulations based on differences in the complexity of
the regulation, the number and scope of comments received, and other
relevant factors, but may not be longer than 3 years except under
exceptional circumstances. If the Secretary intends to vary the
timeline for publication of a final rule, the Secretary is required to
publish notice of the different timeline in the Federal Register no
later than the timeline previously established for the final rule. The
notice is required to include a brief explanation of the justification
for the variation in timeline.
II. Notice of Continuation
In the June 25, 2004 Federal Register (69 FR 35716), we published a
proposed rule that would update, clarify, and revise various provisions
of the regulations governing provider reimbursement determinations,
appeals before the Provider Reimbursement Review Board (PRRB), appeals
before the intermediaries and Administrator review of decisions made by
the PRRB.
This notice extends the timeline for publication of the final rule.
We are not able to meet the 3-year timeline for publication due to the
complexity of the public comments received, and the complex policy and
legal issues raised by those comments, which require extensive
consultation and analysis. These extraordinary circumstances require an
extension of the timeline; therefore this notice extends the timeline
for publication of the final rule until June 25, 2008.
Authority: Section 1871 of the Social Security Act (42 U.S.C.
1395hh).
(Catalog of Federal Domestic Assistance Program No. 93.774,
Medicare--Supplementary Medical Insurance Program)
Dated: June 12, 2007.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. E7-11721 Filed 6-21-07; 8:45 am]
BILLING CODE 4120-01-P