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Federal Register Highlights – 7/5/16

July 5, 2016

Unpublished, time-sensitive and proposed rules for July 5, 2016:

PROPOSED RULE: This proposed rule would update the Home Health Prospective Payment System (HHPPS) payment rates, including the national, standardized 60-day episode payment rates, the national per-visit rates, and the non-routine medical supply (NRS) conversion factor, effective for home health episodes of care ending on or after January 1, 2017. This proposed rule also: Implements the last year of the 4-year phase-in of the rebasing adjustments to the HHPPS payment rates; updates the HHPPS case-mix weights using the most current, complete data available at the time of rulemaking; implements the 2nd-year of a 3-year phase-in of a reduction to the national, standardized 60-day episode payment to account for estimated case- mix growth unrelated to increases in patient acuity (that is, nominal case-mix growth) between CY 2012 and CY 2014; proposes changes to the methodology used to calculate outlier payments (with regards to payments made under the HHPPS for high-cost “outlier” episodes of care (that is, episodes of care with unusual variations in the type or amount of medically necessary care)); proposes changes in payment for Negative Pressure Wound Therapy (NPWT) performed using a disposable device for patient’s under a home health plan of care; discusses our efforts to monitor the potential impacts of the rebasing adjustments mandated; includes an update on subsequent research and analysis as a result of the findings from the home health study; solicits comments on a potential process for grouping HHPPS claims centrally during claims processing; and proposes changes to the Home Health Value-Based Purchasing (HHVBP) Model, which was implemented on January 1, 2016; and proposes updates to the Home Health Quality Reporting Program (HHQRP). To be assured consideration, comments must be received no later than 5 p.m. on August 26, 2016. (To submit comments, visit www.regulations.gov, reference file code CMS–1648–P.)

PROPOSED RULE: This proposed rule would revise the procedures that the Department of Health and Human Services would follow at the Administrative Law Judge level for appeals of payment and coverage determinations for items and services furnished to Medicare beneficiaries, enrollees in Medicare Advantage and other Medicare competitive health plans, and enrollees in Medicare prescription drug plans, as well as appeals of Medicare beneficiary enrollment and entitlement determinations, and certain Medicare premium appeals. In addition, this proposed rule would revise procedures that the Department of Health and Human Services would follow at the Centers for Medicare & Medicaid Services (CMS) and the Medicare Appeals Council (Council) levels of appeal for certain matters affecting the Administrative Law Judge level. To be assured consideration, comments must be received no later than 5 p.m. eastern standard time (e.s.t.) on August 29, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. HHS–2015–49.)

TEMPORARY RULE: The Coast Guard is establishing a special local regulation for all waters of the Cumberland River beginning at mile marker 190.0 and ending at mile marker 191.5 from 9 a.m. until noon on July 30, 2016. This special regulation is necessary to provide safety for the participants in the “Music City SUP Race” marine event. This rulemaking prohibits persons and vessels from being in the special local regulated area unless authorized by the Captain of the Port Ohio Valley or a designated representative. This rule is effective from 9 a.m. until noon on July 30, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; and Model A300 B4–600, B4–600R, and F4–600R series airplanes, and Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes). This AD was prompted by a report of cracking of the lower tension bolt area at the rib one junction (both sides) of the lower wing. This AD requires repetitive inspections for cracking of the fasteners and of the fitting around the fastener holes at the frame (FR) 40 lower wing location, and corrective actions if necessary. We are issuing this AD to detect and correct crack initiation of the fittings of the FR40 lower wing locations, which could result in reduced structural integrity of the airplane. This AD becomes effective August 9, 2016.

RULE: We are publishing a new airworthiness directive (AD) for Airbus Helicopters Model AS332L2 and Model EC225LP helicopters, which was sent previously to all known U.S. owners and operators of these helicopters. This AD immediately prohibits flight of all Model AS332L2 and EC225LP helicopters. This AD is prompted by an accident involving an EC225LP helicopter in which the main rotor hub (MRH) detached from the main gearbox (MGB). These actions are intended to prevent failure of the main rotor system and subsequent loss of control of the helicopter. This AD becomes effective July 20, 2016 to all persons except those persons to whom it was made immediately effective by Emergency AD 2016–12–51, issued on June 3, 2016, which contains the requirements of this AD.

RULE: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–400 series airplanes. This AD requires an inspection to determine if certain left and right main landing gear (MLG) retract actuator rod ends are installed and repetitive liquid penetrant inspections (LPIs) of affected left and right MLG retract actuator rod ends, and corrective actions if necessary. This AD also provides optional terminating action for the inspections. This AD was prompted by a report of cracked MLG retract actuator rod ends. We are issuing this AD to detect and correct fatigue cracking of the left and right MLG retract actuator rod ends, which could lead to left or right MLG collapse. This AD becomes effective July 20, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2012–12– 04, for certain The Boeing Company Model 737–300, –400, and –500 series airplanes. AD 2012–12–04 required repetitive external detailed inspections and nondestructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S–1 and S– 2R, between station (STA) 400 and STA 460, and repair if necessary. This new AD requires a preventive modification of the fuselage skin at crown stringers S–1 and S–2R. This new AD also reduces the inspection threshold for certain airplanes. This AD was prompted by a determination that, for certain airplanes, the skin pockets adjacent to the Air Traffic Control (ATC) antenna are susceptible to widespread fatigue damage. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane. This AD is effective August 9, 2016.

RULE: We are superseding Airworthiness Directive (AD) 2008–05– 06 for certain The Boeing Company Model 737–100, –200, –300, –400, and –500 series airplanes. AD 2008–05–06 required repetitive inspections for fatigue cracking in the longitudinal floor beam web, upper chord, and lower chord located at certain body stations, and repair if necessary. This new AD requires, for certain airplanes, an inspection to determine if tapered fillers are installed, and related investigative and corrective actions if necessary. This AD was prompted by reports of cracks in the center wing box longitudinal floor beams, upper chord, and lower chord. We are issuing this AD to detect and correct fatigue cracking of the upper and lower chords and web of the longitudinal floor beams, which could result in rapid loss of cabin pressure. This AD is effective August 9, 2016.

PROPOSED RULE: The Federal Energy Regulatory Commission (Commission) proposes to amend the Commission’s regulations to implement provisions of the Fixing America’s Surface Transportation Act that pertain to the designation, protection and sharing of Critical Electric Infrastructure Information. Separately, the Commission proposes to amend its regulations that pertain to Critical Energy Infrastructure Information. Comments are due August 19, 2016. (To submit comments, visit www.regulations.gov, reference Docket No. RM16–15–000.)

PROPOSED RULE: The Securities and Exchange Commission (“Commission” or “SEC”) is proposing a new rule and rule amendments under the Investment Advisers Act of 1940 (“Advisers Act”). The proposed rule would require SEC-registered investment advisers to adopt and implement written business continuity and transition plans reasonably designed to address operational and other risks related to a significant disruption in the investment adviser’s operations. The proposal would also amend rule 204–2 under the Advisers Act to require SEC-registered investment advisers to make and keep all business continuity and transition plans that are currently in effect or at any time within the past five years were in effect. Comments should be received on or before September 6, 2016. (To submit comments, visit www.regulations.gov, reference File No. S7–13–16.)

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