[Federal Register: November 4, 1999 (Volume 64, Number 213)]
[Rules and Regulations]               
[Page 60122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no99-12]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 409, 411, 413, and 489

[HCFA-1913-CN]
RIN 0938-AI47

 
Medicare Program; Prospective Payment System and Consolidated 
Billing for Skilled Nursing Facilities; Correction

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

ACTION: Correction of final rule.

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SUMMARY: This document corrects a technical error that appeared in the 
final rule published in the Federal Register on July 30, 1999 entitled 
``Medicare Program; Prospective Payment System and Consolidated Billing 
for Skilled Nursing Facilities.''

EFFECTIVE DATE: This correction is effective September 28, 1999.

FOR FURTHER INFORMATION CONTACT: Bill Ullman, (410) 786-5667.

SUPPLEMENTARY INFORMATION:

Background

    In FR Doc. 99-19478 of July 30, 1999 (64 FR 41644), there was a 
technical error in the preamble. This error relates to the counting of 
minutes of therapy provided by a therapy student on the Minimum Data 
Set (MDS) resident assessment instrument. The correction appears in 
this document under the heading ``Correction of Errors.''
    In the preamble to the final rule (page 41661, column 2) we stated, 
``Medicare recognizes the costs associated with approved educational 
activities as a pass-through'' and referenced regulations at 42 CFR 
413.85 that refer to the costs incurred by approved medical education 
programs. Based on this section of the regulations, we indicated that 
the minutes of therapy provided by a therapy student may not be 
recorded on the MDS resident assessment instrument of the beneficiary 
receiving the service.
    However, in this notice we are now retracting our statement with 
regard to recording of therapy minutes because, contrary to what was 
indicated in the preamble, Sec. 413.85 (Cost of educational activities) 
is not applicable to therapy student field experience in the skilled 
nursing facility (SNF) setting. Except for possible rare instances, 
SNFs are not approved medical education programs under that section of 
the regulations. Approved programs, such as a residency program 
operated by the institution in which it takes place, are actively 
engaged in the training process and incur costs in that regard. By 
contrast, SNFs provide only the setting in which the training for these 
students takes place, not the management of the program itself. Because 
Sec. 413.85 does not apply, our statement as to the counting of student 
therapy minutes is also inapplicable.
    We are, therefore, retracting the statement in the final rule that 
the minutes of therapy provided by a therapy student are not to be 
recorded on the MDS as minutes of therapy received by the beneficiary. 
Providers should record the minutes of therapy provided by therapy 
students in accordance with the past practice established under the 
instructions in the Long Term Care Resident Assessment Instrument 
User's Manual and other HCFA guidelines.
    The provision in this correction notice is effective as if it had 
been included in the document published in the Federal Register on July 
30, 1999, that is September 28, 1999.

Correction of Errors

    In FR Doc. 99-19478 of July 30, 1999 (64 FR 41644), we are making 
the following correction:

Correction to Preamble

    On page 41661, in column 2, line 18, the following sentence is 
removed: ``Further, none of the minutes of therapy services provided by 
the students may be recorded on the MDS as minutes of therapy received 
by the beneficiary.''

(Authority: Section 1888 of the Social Security Act (42 U.S.C. 
1395yy))

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: October 20, 1999.
Brian P. Burns,
Deputy Assistant Secretary for Information Resources Management.
[FR Doc. 99-28575 Filed 11-3-99; 8:45 am]
BILLING CODE 4120-01-P