19188 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules

DEPARTMENT OF HEALTH AND timely will be available for public 3. Payment Provisions—Facility-Specific HUMAN SERVICES inspection as they are received, Rate generally beginning approximately 3 II. Update of Payment Rates Under the Health Care Financing Administration weeks after publication of a document, Prospective Payment System for Skilled Nursing Facilities in Room 443–G of the Department’s A. Federal Prospective Payment System 42 CFR Parts 411 and 489 office at 200 Independence Avenue, 1. Cost and Services covered by the Federal SW., Washington, DC, on Monday [HCFA±1112±P] Rates through Friday of each week from 8:30 2. Methodology Used for the Calculation of RIN 0938±AJ93 to 5 p.m. (phone: (202) 690–7061). the Federal Rates FOR FURTHER INFORMATION CONTACT: B. Case-Mix Adjustment and Options C. Wage Index Adjustment to Federal Rates Medicare Program; Prospective Dana Burley, (410) 786–4547 or Sheila Payment System and Consolidated D. Updates to the Federal Rates Lambowitz, (410) 786–7605 (for E. Relationship of RUG–III Classification Billing for Skilled Nursing FacilitiesÐ information related to the case-mix Update System to Existing Skilled Nursing classification methodology). Facility Level-of-Care Criteria AGENCY: Health Care Financing John Davis, (410) 786–0008 (for III. Three-Year Transition Period Administration (HCFA), HHS. information related to the Wage IV. The Skilled Nursing Facility Market Index). Basket Index ACTION: Notice of proposed rulemaking. Bill Ullman, (410) 786–5667 (for A. Facility-Specific Rate Update Factor information related to consolidated B. Federal Rate Update Factor SUMMARY: This proposed rule sets forth V. Consolidated Billing updates to the payment rates used under billing). VI. Provisions of the Proposed Rule the prospective payment system (PPS) Steve Raitzyk, (410) 786–4599 (for VII. Collection of Information Requirements for skilled nursing facilities (SNFs), for information related to the facility- VIII. Response to Comments fiscal year 2001. Furthermore, it specific transition rates). IX. Regulatory Impact Analysis Bill Ullman, (410) 786–5667 and Susan specifically proposes changes to the A. Background Burris (410) 786–6655 (for general B. Impact of this Proposed Rule SNF PPS case-mix methodology. information). X. Federalism Annual updates to the PPS rates are Regulations Text required by section 1888(e) of the Social SUPPLEMENTARY INFORMATION: Copies: To Technical Appendix A Security Act, as amended by the order copies of the Federal Register A. Creation of the Analytic Sample Medicare, Medicaid and State Child containing this document, send your B. Characteristics of the Sample Health Insurance Program Balanced request to: New Orders, Superintendent C. Test and Validation Samples Budget Refinement Act of 1999, related of Documents, P.O. Box 371954, D. Creation of Measure of Non-Therapy to Medicare payments and consolidated Pittsburgh, PA 15250–7954. Please Ancillary Charges from SNF Claims billing for SNFs. In addition, this specify the date of the issue requested 1. Cost-to-Charge Multiplier and enclose a check or money order E. Analysis and Findings—RUG–III proposed rule sets forth certain Refinements conforming revisions to the regulations payable to the Superintendent of 1. Costs for Beneficiaries Who Qualify for that are necessary in order to implement Documents, or enclose your Visa or Both Extensive Services and amendments made to the Act by section Master Card number and expiration Rehabilitation 103 of the Medicare, Medicaid and State date. Credit card orders can also be 2. Non-Therapy Ancillary Index Models Child Health Insurance Program placed by calling the order desk at (202) F. Model Performance Balanced Budget Refinement Act of 512–1800 (or toll free at 1–888–293– 1. RUG–III CMI Adjustment 1999. 6498) or by faxing to (202) 512–2250. 2. RUG–III (proposed, version 2001) The cost for each copy is $8. As an 3. Weighted Index Model (WIM1) DATES: 4. Weighted Index Model 2 (WIM2) We will consider comments if alternative, you can view and we receive them at the appropriate 5. Unweighted Index Model (UWIM) photocopy the Federal Register G. RUG–III Medications Data address, as provided below, no later document at most libraries designated than 5 p.m. on June 9, 2000. 1. Creation of MDS-Based Cost Measures as Federal Depository Libraries and at 2. RUG–Based Imputation Method ADDRESSES: Mail written comments (1 many other public and academic 3. State and Year-Based Imputation original and 3 copies) to the following libraries throughout the country that Method address: Health Care Financing receive the Federal Register. In addition, because of the many Administration, Department of Health To assist readers in referencing terms to which we refer by abbreviation and Human Services, Attention: HCFA– sections contained in this document, we in this rule, we are listing these 1112–P, P.O. Box 8013, Baltimore, MD are providing the following table of abbreviations and their corresponding 21244–8013. contents. terms in alphabetical order below: If you prefer, you may deliver your written comments (1 original and 3 Table of Contents ADL—Activity of Daily Living copies) to one of the following I. Background BBA—Balanced Budget Act of 1997 BBRA—Balanced Budget Refinement Act of addresses: A. Current System for Payment of Skilled Nursing Facility Services Under Part A 1999 Room 443–G, Hubert H. Humphrey of the Medicare Program BLS—(U.S.) Bureau of Labor Statistics Building, 200 Independence Avenue, B. Requirements of the Balanced Budget CPI—Consumer Price Index SW., Washington, DC 20201, or Act of 1997 for Updating the Prospective HCFA— Health Care Financing Room –15–03, 7500 Security Payment System for Skilled Nursing Administration Boulevard, Baltimore, MD 21244– Facilities HCPCS—HCFA Common Procedure Coding 8150. C. The Medicare, Medicaid and State Child System IFC—Interim Final Rule with Comments Because of staffing and resource Health Insurance Program (SCHIP) Balanced Budget Refinement Act of 1999 MDS—Minimum Data Set limitations, we cannot accept comments D. Skilled Nursing Facility Prospective MSA—Metropolitan Statistical Area by facsimile (FAX) transmission. In Payment—General Overview PPI—Producer Price Index commenting, please refer to file code 1. Payment Provisions—Federal Rates PPS—Prospective Payment System HCFA–1112–P. Comments received 2. Payment Provisions—Transition Period PRM—Provider Reimbursement Manual

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RUG—Resource Utilization Group services that, before July 1, 1998, had blend used changes for each cost SCHIP—State Child Health Insurance been paid under Part B but furnished to reporting period after a facility migrates Program Medicare beneficiaries in a SNF during to the new system. For most facilities, SNF—Skilled Nursing Facility a Part A covered stay. Rates are case-mix the facility-specific rate is based on I. Background adjusted using a refined classification allowable costs from FY 1995. As a system (Resource Utilization Groups, result of section 102 of the BBRA of A. Current System for Payment of version III (RUG–III)) based on 1999, SNFs may elect immediate Skilled Nursing Facility Services Under beneficiary assessments (using the transition to the Federal rate on or after Part A of the Medicare Program Minimum Data Set (MDS) 2.0). The December 15, 1999 for cost reporting Section 4432 of the Balanced Budget proposed refinement to the RUG periods beginning on or after January 1, Act of 1997 (BBA) (Pub. L. 105–33) classification system is based on critical 2000. There is no such election for cost mandated the implementation of a per analysis which examined various reporting periods beginning before diem prospective payment system (PPS) options to account more precisely for January 1, 2000. SNFs may elect for skilled nursing facilities (SNFs), the variation in non-therapy ancillary immediate transition up to 30 days after covering all costs (routine, ancillary, services in our payments and the care the start of their cost reporting period. and capital) of covered SNF services needs of medically complex patients. • Coverage: The PPS statute did not furnished to beneficiaries under Part A The proposed RUG refinement includes change Medicare’s fundamental of the Medicare program, effective for the addition of new categories and requirements for SNF coverage. cost reporting periods beginning on or incorporation of an ancillary index, as However, because RUG–III classification after July 1, 1998. The SNF PPS discussed in further detail in section is based, in part, on the beneficiary’s payment methodology features a case- II.B. In addition, the Federal rates are need for skilled nursing care and mix adjustment that utilizes data from adjusted by the hospital wage index to therapy, we have attempted where the comprehensive assessment process account for geographic variation in possible to coordinate claims review required for every SNF beneficiary in wages. At this time, data for the FY 2001 procedures with the outputs of order to group them clinically in terms hospital wage index is not yet available; beneficiary assessment and RUG–III of their degree of resource intensity. The therefore, the index applied in this classifying activities. For example, we case-mix adjustment is designed to proposed rule is the same index used in believe that when an initial Medicare ensure that the amount of the PPS per the July 30, 1999 update notice. We will required (5-day) assessment, properly diem payment is appropriate to the be updating the wage index in the final completed, places the beneficiary in one individual beneficiary’s actual rule using the latest hospital wage data. of the upper RUG–III classifications that condition, and is sufficient to purchase Further, the rates are adjusted annually we designate as representing a covered the full range of care and services that using an SNF market basket index. level of SNF care (see section II.E. of a beneficiary with a particular clinical Lastly, as a result of section 101 of the this preamble), this provides the basis profile would typically be expected to BBRA, for SNF services furnished on or for us to assume that the beneficiary require. We are setting forth this after April 1, 2000, and before the later needed such care upon admission and proposed rule in accordance with of October 1, 2000, or implementation at least up until the assessment section 1888(e)(4)(H)(ii) of the Social by the Secretary of Health and Human reference date for the initial Medicare- Security Act (the Act), which requires Services of a refined RUG system, per required assessment. We will, however, us to publish each year in the Federal continue to make individual review diem adjusted payments are increased Register any changes in the case-mix determinations for claims of those by 20 percent for 15 RUGs falling under classification system that we use to individuals who classify in one of the categories for Extensive Services, make the case-mix adjustment. lower RUG–III categories. Special Care, Clinically Complex, High Although we are not proposing any • Consolidated Billing: The statute Rehabilitation and Medium other changes in the overall PPS includes a billing provision that Rehabilitation. This 20 percent increase payment methodology at present, we are requires a SNF to submit consolidated nonetheless including a detailed serves solely as a temporary, interim Medicare bills for its beneficiaries for discussion of the overall payment adjustment to the payment rates and virtually all services that are covered methodology in section I.C. below, in RUG–III classification system as under either Part A or Part B. The order to provide a context for the published in the final rule of July 30, statute excludes a small list of services proposed changes to the case-mix 1999, until we have had the opportunity (primarily those of physicians and classification system. In addition, we to implement the case-mix refinements certain other types of practitioners). As are incorporating revisions based on the proposed in this rule. At that point, the discussed later in this preamble, section Medicare, Medicaid and State Child temporary adjustment afforded by the 103 of the BBRA has identified certain Health Insurance Program (SCHIP) 20 percent increase will no longer be additional services for exclusion, Balanced Budget Refinement Act of applicable, as payment will be made in effective April 1, 2000. 1999 (BBRA). Major elements of the accordance with the newly-refined As noted above, an interim final rule system were implemented in an interim RUGs. The RUG–III groups to which this implementing the SNF PPS was final rule that was published in the adjustment applies are: SE3, SE2, SE1, published in the Federal Register on Federal Register on May 12, 1998 (63 SSC, SSB, SSA, CC2, CC1, CB2, CB1, May 12, 1998, for which the comment FR 26252), and in a final rule that was CA2, CA1, RHC, RMC and RMB. In period was initially scheduled to close published in the Federal Register on addition, for FY 2001 and FY 2002, the on July 13, 1998. A subsequent notice July 30, 1999 (64 FR 41644). These adjusted Federal per diem payment to a extended the public comment period for elements are discussed in greater detail facility is increased by 4 percent in each an additional 60 days (July 13, 1998, (63 in section I.C. below, and include: year, calculated exclusive of the 20 FR 37498)), and a second notice • Rates: Per diem Federal rates were percent RUG rate increase. reopened the comment period for established for urban and rural areas • Transition: The SNF PPS includes a another 30 days (November 27, 1998 (63 using allowable costs from fiscal year 3-year, phased transition that blends a FR 65561)). In addition, a correction (FY) 1995 cost reports. These rates also facility-specific payment rate with the notice was published October 5, 1998 included an estimate of the cost of Federal case-mix adjusted rate. The (63 FR 53301) that made a number of

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 19190 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules minor technical and editorial specific RUG–III groups to which this from their cost reporting period corrections to the interim final rule. In adjustment applies are: SE3, SE2, SE1, beginning in FY 1998. In order to be the July 30, 1999, final rule we SSC, SSB, SSA, CC2, CC1, CB2, CB1, eligible for this special payment, a SNF responded to the public comments CA2, CA1, RHC, RMC, and RMB. The must meet the following criteria: began received on the interim final rule and statute provides that the 20 percent participation in the Medicare program made a number of modifications in the increase takes effect with SNF services before January 1, 1995; have at least 80 regulation. This final rule was followed that are furnished on or after April 1, percent of the total inpatient days of the by a correction notice published on 2000, and continues until the later of facility in the cost reporting period November 4, 1999 (64 FR 60122), which October 1, 2000, or implementation by beginning in FY 1998 comprised of made a technical correction to the final the Secretary of a refined RUG system. persons entitled to Medicare; and, be rule’s preamble. Also on July 30, 1999, Thus, the 20 percent increase serves located in Baldwin or Mobile County, we issued an update notice (64 FR solely as a temporary, interim Alabama. adjustment to the payment rates and 41684), followed by a correction notice Special SNF PPS Payment Provisions RUG–III classification system as published on October 5, 1999 (64 FR for SNFs with Certain Types of Patient published in the final rule of July 30, 54031). We have also issued several Populations Program Memoranda on claims 1999, until we have implemented the processing and billing under the SNF case-mix refinements that we now Section 105 of the BBRA adds PPS that are available on the SNF PPS propose elsewhere in this document, paragraph (12) to section 1888(e) of the home page at the HCFA website on the which we expect to accomplish by Act and permits certain SNFs to receive Internet, at the following location: October 1, 2000. Once we have 50 percent of the facility specific rate implemented the case-mix refinements, and 50 percent of the Federal per diem the temporary adjustment afforded by rate, effective from November 29, 1999, B. Requirements of the Balanced Budget the 20 percent increase will no longer be until September 30, 2001. In order to be Act of 1997 for Updating the Prospective applicable, as we will then make eligible, a SNF must: have been certified Payment System for Skilled Nursing payment in accordance with the newly- as an SNF under Medicare prior to July Facilities refined RUGs. 1, 1992; be a hospital-based facility; As described above, section For FY 2001 and FY 2002, section 101 and, in the cost reporting period 1888(e)(4)(H) of the Act requires that we of the BBRA also provides for an across- beginning in FY 1998, have had a publish in the Federal Register: the-board increase in the adjusted patient population, eligible for Part A 1. The unadjusted Federal per diem Federal per diem payment rates by 4 benefits, of which at least 60 percent rates to be applied to days of covered percent in each year, calculated were ‘‘immuno-compromised secondary SNF services furnished during the FY. exclusive of the 20 percent RUG rate to an infectious disease,’’ with ‘‘specific 2. The case-mix classification system increase discussed above. Unlike the 20 diagnoses specified by the Secretary.’’ to be applied with respect to these percent increase, which is targeted at The statute gives the Secretary the services during the FY. certain particular RUG–III groups, this 4 authority to specify the diagnosis 3. The factors to be applied in making percent increase will apply equally to associated with this provision, and we the area wage adjustment with respect all RUG groups. believe the legislative history provides some guidance concerning the to these services. Election For Immediate Transition to In addition, in the July 30, 1999 final application of this provision. The House Federal Rate rule, we indicated that we would Ways and Means Committee report (H. announce any changes to the guidelines As noted earlier, under section 102 of Rep. 106–436, Part 1 at 47) indicates for Medicare level of care the BBRA, all SNFs may now elect to that this provision is directed at determinations related to Part A SNF bypass the transition and be paid based facilities that serve ‘‘* * * very services or to the RUG–III upon 100 percent of the Federal rate. specialized patients * * * whose classifications. This election applies to cost reporting medical conditions are not well- This proposed rule updates the rates periods beginning on or after January 1, accounted for in the RUG classification as mandated by the Medicare statute. 2000. There is no such election for cost system.’’ The Senate Finance Committee reporting periods beginning before Report (S. Rep. 106–199 at 8) indicates C. The Medicare, Medicaid and State January 1, 2000. SNFs may make this the need to study ‘‘* * * alternative Child Health Insurance Program election beginning on or after December payment methods for skilled nursing (SCHIP) Balanced Budget Refinement 15, 1999 and up to 30 days after the start facilities that specialize in providing Act of 1999 of their cost reporting periods. An care to extremely high cost, chronically As a result of enactment of the BBRA, election to bypass the transition is ill populations * * *’’ such as ‘‘a there are several new provisions that effective for all subsequent periods and facility that exclusively specializes in result in adjustments to the PPS for cannot be rescinded once it is effective. caring for AIDS patients * * *’’ In light SNFs. The following highlights the Further information can be found in of this general Congressional intent, we major provisions involving the PPS for Program Memorandum A–99–53. believe that the scope of this provision SNFs: should be limited and propose that this Special Payment Adjustment for Certain provision be applied to human Temporary Increase in Payment for SNFs immunodeficiency virus (HIV) as coded Certain High Cost Residents Section 155 of the BBRA provides that in ICD–9–CM with the following code: As noted previously, section 101 of PPS payments to certain SNF providers 042. the BBRA provides for a temporary, 20 located in Baldwin or Mobile County, percent increase in the per diem Alabama, will be based on 100 percent Provision for Part B Add-Ons for adjusted payment rates for 15 specified of their facility specific rates for cost Facilities Participating in the Nursing RUGs, falling under categories for reporting periods that begin in FY 2000 Home Case-Mix and Quality (NHCMQ) Extensive Services, Special Care, or FY 2001. In addition, it requires that Demonstration Project Clinically Complex, High Rehabilitation the facility specific portion of their Under prior law, section 1888(e)(3) of and Medium Rehabilitation. The payment rate be calculated using data the Act provided for an add-on to the

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules 19191 payment rates for Part B services D. Skilled Nursing Facility Prospective combined. We compute and apply furnished during the course of a Part A Payment—General Overview separately the payment rates for covered stay for those facilities that did The Medicare SNF PPS was facilities located in urban and rural not participate in the demonstration that implemented for cost reporting periods areas. In addition, we adjust the portion preceded SNF PPS. However, the Act beginning on or after July 1, 1998. of the Federal rate attributable to wage did not provide for a similar add-on for Under the PPS, SNFs are paid through related costs by a wage index. The Federal rate also incorporates facilities that did participate in the per diem prospective case-mix adjusted adjustments to account for facility case- demonstration project. Therefore, payment rates applicable to all covered mix using a classification system that section 104 of the BBRA amended SNF services. These payment rates accounts for the relative resource section 1888(e)(3) to provide that SNFs cover all the costs of furnishing covered utilization of different patient types. skilled nursing services (that is, routine, that had participated in the Nursing This classification system, RUG–III, ancillary, and capital-related costs) Home Case Mix and Quality utilizes beneficiary assessment data Demonstration (NHCMQ) project are other than costs associated with (from the Minimum Data Set or MDS) eligible for the inclusion of a Part B add- approved educational activities. completed by SNFs to assign on amount in their facility specific PPS Covered SNF services include beneficiaries into one of 178 groups. rates. This provision is effective as if posthospital SNF services for which The May 12, 1998 interim final rule (63 included in the enactment of the BBA benefits are provided under Part A and FR 26252) has a complete and detailed and, therefore, applies to all cost all items and services that, before July description of the original (44 group) reporting periods subject to the PPS 1, 1998, had been paid under Part B RUG–III classification system. A transition. (other than physician and certain other detailed discussion of the proposed services specifically excluded under the changes to the RUG classification For the purpose of computing facility BBA) but furnished to Medicare specific rates, the base year for system is found in Section II.B. of this beneficiaries in a SNF during a Part A proposed rule. providers participating in the NHCMQ covered stay. (For a complete discussion The Federal rates reflected in this demonstration project is calendar year of these provisions, see the May 12, notice update the rates in the July 30, 1997 rather than FY 1995 (which is the 1998 interim final rule (63 FR 26252)). 1999 update notice (64 FR 41684) by a base year for SNFs not participating in 1. Payment Provisions—Federal Rate factor equal to the SNF market basket the demonstration project). Therefore, index minus 1 percentage point. the Part B add-on amounts for the The statute sets forth a fairly According to section 1888(e)(4)(E)(ii) of demonstration SNFs will be calculated prescriptive methodology for calculating the Act, for FYs 2001 and 2002, we will using data from the appropriate periods the amount of payment under the SNF update the rate by adjusting the current in 1997. Because of the time period PPS. The PPS utilizes per diem Federal rates by the SNF market basket change necessary for us to compute these payment rates based on mean SNF costs minus 1 percentage point. For amounts, existing Part B data from 1995 in a base year updated for inflation to subsequent FYs, we will adjust the rates will be updated for inflation and used the first effective period of the PPS. We by the applicable SNF market basket as the bases for payment on an interim developed the Federal payment rates change. using allowable costs from hospital- basis until we can develop the final based and freestanding SNF cost reports 2. Payment Provisions—Transition amounts using the 1997 data, at which for reporting periods beginning in FY Period point earlier payments will be adjusted 1995. The data used in developing the Beginning with a provider’s first cost to reflect the correct data. Federal rates also incorporate an reporting period beginning on or after Exclusion of Certain Additional estimate of the amounts that would be July 1, 1998, there is a transition period Services from the SNF PPS Bundle and payable under Part B for covered SNF covering three cost reporting periods. Consolidated Billing services to individuals who were During the transition period, SNFs receiving Part A covered services in an receive a payment rate comprising a The original SNF PPS legislation in SNF. In developing the rates for the blend between the Federal rate and a the BBA identified several service initial period, we updated costs to the facility-specific rate based on each categories that were excluded from the first effective year of PPS (15-month facility’s FY 1995 cost report. Under SNF consolidated billing requirement, period beginning July 1, 1998) using a section 1888(e)(2)(E)(ii) of the Act, SNFs as well as from the bundled Part A SNF market basket index, and that received their first payment from payment made under the SNF PPS standardized for facility differences in Medicare on or after October 1, 1995 itself. Effective with services furnished case-mix and for geographic variations receive payment according to the on or after April 1, 2000, section 103(a) in wages. Providers that received ‘‘new Federal rates only. of the BBRA has amended section provider’’ exemptions from the routine For SNFs subject to transition, the 1888(e)(2)(A) to exclude certain cost limits were excluded from the composition of the blended rate varies additional types of services from the database used to compute the Federal depending on the year of transition. For consolidated billing requirement, thus payment rates. In addition, costs related the first cost reporting period beginning to payments for exceptions to the on or after July 1, 1998, we make allowing these services to be billed routine cost limits were excluded from payment based on 75 percent of the separately to Part B. Section 103(b) of the database used to compute the facility-specific rate and 25 percent of the BBRA has also amended section Federal rates. In accordance with the the Federal rate. In the next cost 1888(e)(4)(G) to provide for a formula prescribed in the BBA, we set reporting period, the rate consists of 50 corresponding proportional reduction in the Federal rates at a level equal to the percent of the facility-specific rate and Part A SNF payments, beginning with weighted mean of freestanding costs 50 percent of the Federal rate. In the FY 2001. We discuss these additional plus 50 percent of the difference following cost reporting period, the rate excluded service categories in section V. between the freestanding mean and consists of 25 percent of the facility- of this preamble, on consolidated weighted mean of all SNF costs specific rate and 75 percent of the billing. (hospital-based and freestanding) Federal rate. For all subsequent cost

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 19192 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules reporting periods, we base payments reporting periods beginning in 1995). furnished to a beneficiary of an SNF entirely on the Federal rates. The facility-specific portion of the rate during a Medicare-covered stay. As noted earlier, in accordance with phases out over the course of a three section 102 of the BBRA, SNFs that 1. Cost and Services Covered by the year cost reporting transition period, Federal Rates would otherwise be subject to the after which the SNFs will be paid on a statutory three-year, phased transition fully Federal rate. The statutory The Federal rates apply to all costs from facility-specific to Federal rates, language removes the Federal portion of (that is, routine, ancillary, and capital may elect to bypass the transition and the rate from administrative and judicial related costs) of covered SNF services go directly to the full Federal rate. This review, while allowing for a limited other than costs associated with amendment applies to elections made review of the facility-specific portion of operating approved educational on or after December 15, 1999, except the rate related to an SNFs Part A activities as defined in § 413.85. Under that no election will be effective for a historical costs from the 1995 base year. section 1888(e)(2) of the Act, covered cost reporting period beginning before The language of the interim final rule SNF services include posthospital SNF January 1, 2000; an election is effective with comment and the Medicare services for which benefits are provided under Part A (the hospital insurance for a cost reporting period beginning no Provider Reimbursement Manual (PRM) program), as well as all items and earlier than 30 days before the date of contemplate situations where services (other than those services the election. adjustments are made to the excluded by statute) that, before July 1, reimbursement amounts allowable in 3. Payment Provisions—Facility- 1998, were paid under Part B (the the base year that are used to set the Specific Rate supplementary medical insurance For most facilities, we compute the facility-specific portion of a provider’s program) but furnished to Medicare facility-specific payment rate utilized PPS rate. Adjustments may be made in beneficiaries in a SNF during a Part A for the transition using the allowable the cost report settlement process and/ covered stay. (These excluded service costs of SNF services for cost reporting or providers may have appealed specific categories are discussed in greater detail periods beginning in FY 1995 (cost cost report adjustments. Where in section V.B.2. of the May 12, 1998 reporting periods beginning on or after adjustments are made to the base year interim final rule (63 FR 26295–97). October 1, 1994 and before October 1, costs either through final settlement of Also, as mentioned previously, section 1995). Included in the facility-specific the cost report or as a result of an appeal 103 of the BBRA has identified certain per diem rate is an estimate of the of the base year Notice of Program additional types of services for amount that would be payable under Reimbursement (NPR), such exclusion from the SNF PPS bundle, Part B for covered SNF services adjustments may be applied to the and has provided for a corresponding furnished during FY 1995 to individuals facility-specific portion of the PPS rate proportional reduction in Part A SNF who were beneficiaries of the facility for any cost years that are open or are payments beginning with FY 2001.). and receiving Part A covered services. within the time periods subject to 2. Methodology Used for the Calculation The facility-specific rate, in contrast to reopening under the regulations at 42 of the Federal Rates the Federal rates, includes amounts paid CFR 405.1885. Additionally, providers to SNFs for exceptions to the routine may challenge the facility-specific The methodology to compute the cost limits. In addition, we also take portion of their rates by appealing the unadjusted Federal rates incorporates into account ‘‘new provider’’ facility-specific rate notice they receive several changes since we published the exemptions from the routine cost limits, from their fiscal intermediary before the final rule on July 30, 1999 (64 FR but only to the extent that routine costs start of SNF PPS. The fiscal 41684). First, to facilitate the do not exceed 150 percent of the routine intermediaries will apply any incorporation of our proposed cost limit. adjustments resulting from a successful refinement to the case mix classification We update the facility-specific rate for challenge to this rate notice to all open system, we are creating a new each cost reporting period after FY 1995 transition years. Providers may also component of the payment rates to to the first cost reporting period challenge their facility-specific rates by account for non-therapy ancillary beginning on or after July 1, 1998 (the appealing their transition year NPRs. services. This component is being initial period of the PPS) by a factor Adjustments obtained through a NPR created by moving the non-therapy equal to the SNF market basket challenge will only be applied to the ancillary costs used in establishing the percentage increase minus 1 percentage year under appeal. Moreover, in nursing case-mix component of the point. For FYs 1998 and 1999, we accordance with the judicial review payment rates to a separate component. updated this rate by a factor equal to the prohibitions contained in section For the payment rates associated with SNF market basket increase minus 1 1888(e)(8)(B) of the Act, all reviews of urban areas, 43.4 percent of the nursing percentage point, and in each facility-specific rates are limited to case mix component is related to non- subsequent year, we will update it by challenges relating to specific Medicare therapy ancillary services (including the applicable SNF market basket Part A costs in the base year. Part B services). For the payment rates increase. associated with rural areas, 42.7 percent II. Update of Payment Rates Under the of the nursing case mix component is Appeals Rights Prospective Payment System for Skilled related to non-therapy ancillary services In enacting SNF PPS, Congress Nursing Facilities (including Part B services). These imposed limitations on the rights of A. Federal Prospective Payment System percentages were previously identified SNFs to appeal their new payment rates in a Federal Register notice dated (section 1888(e)(8) of the Social Security This rule sets forth a proposed November 27, 1998 (63 FR 65561). This Act). Similar to the hospital PPS, the schedule of Federal prospective new component of the payment rates is new SNF system begins with a payment rates applicable to Medicare presented in Tables 1 and 2 of this transition period, wherein a portion of Part A SNF services beginning October proposed rule. the payment rates (that is, the facility- 1, 2000. The schedule incorporates per In addition, in accordance with specific rate) is based upon the diem Federal rates designed to provide section 103 of the BBRA, the Federal facilities’ costs in a base period (cost Part A payment for all costs of services rates will be adjusted to reflect the

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules 19193 exclusion of certain items and services see the May 12, 1998 interim final rule. midpoint of the Federal FY beginning from consolidated billing, as explained In addition, based on section 101 of the October 1, 1999 and the midpoint of the previously. The complexity and time BBRA, we have provided for a 4 percent Federal FY beginning October 1, 2000, necessary for computing the numeric increase in the adjusted Federal rate for and ending September 30, 2001, to adjustment itself does not allow us to FY 2001. This 4 percent adjustment is which the payment rates apply. In present it in this proposed rule. not reflected in the rate tables (Tables 1, accordance with section 1888(e)(4)(B) of However, we describe the general 2, 5, and 6 of this proposed rule). In the Act, the payment rates are updated methodology that we plan to use later in accordance with the statute, it is applied between FY 2000 and FY 2001 by a this preamble (in the discussion of the after all adjustments (wage and case- factor equivalent to the annual market mix). See the example in Section III; PPS Rate Tables). As required by the basket index percentage increase minus Table 9, of this proposed rule. statute, the rates are updated using the The SNF market basket is used to 1 percentage point. This factor is equal latest market basket percentage minus 1 adjust each per diem component of the to 1.01833. Tables 1 and 2 below reflect percentage point. For a complete Federal rates forward to reflect cost the updated components of the description of the multi-step process, increases occurring between the unadjusted Federal rates.

TABLE 1.ÐUNADJUSTED FEDERAL RATE PER DIEM: URBAN

Nursing Medical Therapy Therapy Non-case- Rate component case-mix ancillary case-mix non-case mix mix

Per Diem Amount ...... $64.49 $49.45 $85.79 $11.32 $58.25

TABLE 2.ÐUNADJUSTED FEDERAL RATE PER DIEM: RURAL

Nursing Medical Therapy Therapy Non-case- Rate component case-mix ancillary case-mix non-case mix mix

Per Diem Amount ...... $62.50 $46.58 $99.11 $12.10 $59.32

B. Case-Mix Adjustment and Options Extensive category is associated with Data Sources As required by the BBA, HCFA must the highest per diem non-therapy Since ensuring the equity and publish the SNF PPS case-mix ancillary costs of any of the RUG–III accuracy of the SNF PPS has been, and classification methodology applicable categories. The research also indicated continues to be, a major HCFA priority, for the next Federal FY before August 1 that, while the Extensive Services the studies were initiated shortly after of each year. This proposed rule category did capture a disproportionate the introduction of the new payment discusses options for refinements to the share of high cost beneficiaries, there system. In fact, the research was RUG–III system, describes ongoing was considerable variance in costs conducted before actual PPS claims and research and analyses, shares the initial within this category as well as within acuity data became available. For this results that we propose be incorporated other categories. In the current project, reason, the analyses described here were into the Medicare PPS system effective additional studies were conducted to conducted using a large cross-linked October 1, 2000, and solicits comments extend the analysis of non-therapy research data base that included clinical from all interested parties. During the ancillary costs and within-group assessment data collected from the next 60 days, comments will be variance to other RUG–III categories. Federally-mandated MDS, drug reviewed and considered, additional information, our claims data, and analyses will be conducted, and final The researchers focused on the organizational data on nursing home decisions will be made on the need for, following analyses to identify options, providers. The data sets used in the and types of, RUG–III refinements to be and the results were used to develop the analyses are described below: implemented. A final rule will then be proposed RUG–III refinements Minimum Data Set (MDS) promulgated before August 1, 2000. discussed in this rule: MDS data were collected from 6 Research Goals 1. Evaluate the ability of the current RUG–III system to predict variance in states: Kansas, Maine, Mississippi, We commissioned a study to review Ohio, South Dakota, and Texas. (As drug, respiratory or other non-therapy the RUG–III classification system with explained in Technical Appendix A, we ancillary costs. particular emphasis on the care needs of were unable to utilize data from a medically complex Medicare 2. Evaluate the ability of specific MDS seventh state, New York, due to that beneficiaries and the variation in non- items to predict variance in non-therapy state’s use of an all-inclusive payment therapy ancillary services within RUG– ancillary costs, and identify the MDS rate.) These states were selected because III categories. This project is a major items most closely associated with the MDS data had been collected and priority for us, the provider industry, differences in non-therapy ancillary used for rate-setting purposes prior to and others. The initial research costs. the start of the Medicare SNF PPS identified potential refinements to the 3. Design/test potential refinements to (either through the HCFA Case-Mix Demonstration Project or for state system that we propose to implement the RUG–III methodology. effective October 1, 2000. Medicaid payment systems), and A key part of this research was the A detailed description of the provided a greater number of MDS exploration of potential refinements to methodology used to conduct these records over a longer period of time the Extensive Services category. analyses is included in the Technical than available from any other source. In Previous research showed that the Appendix A to this proposed rule. addition, previous demonstration

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 19194 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules project reliability studies and state On-Line Survey Certification and classify into the Extensive Services validation activities indicated a Reporting System (OSCAR) Data category based on clinical conditions generally high level of data accuracy. The OSCAR data provide facility-level but who, because they are also receiving MDS data used in this study were for information, such as the results from rehabilitation services, classify into one of the Rehabilitation categories instead calendar years 1995, 1996 and 1997 annual survey inspections and (due to the hierarchical logic of the (except for Texas, where data were only information regarding facility type. RUG–III classification system). These available for 1997), and included OSCAR data from 1991 through 1998 were linked serially into a longitudinal beneficiaries carry with them the same assessments for Medicare beneficiaries, non-therapy ancillary costs associated file. The analytic database constructed Medicaid recipients and private pay with their complex clinical needs even for this research has been merged to this patients. While some states required though they are classified into a RUG– longitudinal OSCAR file through the MDS assessments for all beneficiaries III Rehabilitation category. admitted to the SNF regardless of the linking of facility identifiers, using the The high costs for beneficiaries in the length of stay, most of the assessments OSCAR information from the survey Extensive Services category suggest that were prepared following the Federal dates closest to the MDS assessment the payment rate for Extensive Services guidelines in effect at the time; that is, data. should be increased. However, assessments required by day 14 of the Case Mix Research Findings increasing the payment rate without further adjustments could adversely SNF admission. While maintaining the general affect provider incentives to provide structure of RUG–III, we found that the MDS Drug Data therapy to beneficiaries requiring two most viable ways to refine the Extensive Services. Therefore, we Facilities participating in the HCFA system are by adding new categories expanded the scope of the proposed Case-Mix Demonstration project and end splits to the system, and by refinement to include a new category for submitted medications data as part of developing a new index system to beneficiaries who qualify for both their MDS assessments. In addition, reflect the variation of non-therapy Extensive Services and a RUG–III several of the states, including Maine, ancillary service costs. Adoption of Rehabilitation category. South Dakota, and Ohio, required the these refinements will add additional Our research findings showed little or medications data with every MDS, groups to the case-mix system, no correlation between the groups regardless of payor source. The somewhat increasing its complexity. within the Extensive Services category medications reported on the MDSs were This proposed change also may (that is, SE1, SE2, SE3) and the level of collected from seven states, the six introduce some initial uncertainty for rehabilitation services used. For this states used for this study, plus New providers, who would have to become reason, the structure for the new York (see Technical Appendix A for familiar with the refined system and hierarchy level proposed here would details on the use of New York data). modify existing operational and support mirror that of the existing Rehabilitation systems. categories. Thus, we would add to the Up to 18 medications administered In evaluating a particular change, we during the assessment reference period current RUG–III model fourteen (14) first identified the drawbacks of that new ‘‘Rehabilitation and Extensive can be reported on an MDS record. The change (for example, added complexity MDS drug data were cleansed and Services’’ sub-categories that use the of the RUG–III model and time and same Rehabilitation sub-category and verified through a combination of effort required by providers, contractors, ADL splits as the current system (See manual examination (by either a clinical and beneficiaries to assimilate the Table 4 for the proposed RUG–III pharmacist or physician) and change). Then, to evaluate the overall structure). computerized reclassification of desirability of the potential change, we The second component of the National Drug Codes (NDC). The data weighed these drawbacks against the proposed refinement is the development were then ordered into therapeutic benefits, such as the expected of a separate ‘‘non-therapy ancillary’’ groups for easier analysis. improvement in payment and clinical index based on clinical variables on the accuracy. In addition, we evaluated SNF Claims MDS. We tested MDS items to identify potential refinements in terms of clinical conditions and services that are All SNF Medicare claims spanning possible incentives and disincentives predictive of non-therapy ancillary the years 1995 through 1997 were related to access, quality and cost- costs. First, we analyzed each MDS downloaded from the HCFA Data Center effectiveness of SNF care. We variable independently, and identified and matched to MDS files. The files incorporated this analysis into our all MDS items that had a significant were constructed so that there are evaluation of potential RUG–III positive relationship (at the 5 percent multiple observations per SNF stay if refinements. level) with per diem non-therapy multiple MDS assessments were After careful review and extensive ancillary costs. Next, we identified performed. analysis, we then identified several combinations of MDS items that were possible RUG–III refinements that will associated with significant cost Staff Time Measurement (STM) Study improve the accuracy of SNF PPS differences. We then evaluated variables Data payments. One such refinement is the for clinical validity and potential development of new categories for incentive effects. For example, we This analysis incorporated HCFA beneficiaries who qualify for both the rejected consideration of indwelling STM Study data (combined 1995 and RUG–III Rehabilitation and Extensive catheters as case-mix adjustors due to 1997). The May 12, 1998 interim final Services categories. As expected, our the potential negative incentive factors rule described the STM Study, and the analyses indicated that ancillary costs associated with their use in the index. methodology used to incorporate the were much higher for Medicare See Table 3 for a list of MDS items that STM data into Medicare PPS rate- beneficiaries in the Extensive Services were found to be associated with setting. These data were used to impute category than for those in other significant differences in ancillary costs. staff time costs for the observations used categories. There are also a significant Once we identified the critical in this study. number of beneficiaries who would predictive variables, we investigated a

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules 19195 number of index model approaches. We in addition to some others, either alone these clinical conditions. As soon as the developed weighted and unweighted or in combinations. grouper software identifies that one versions of a non-therapy ancillary The last step to grouping using the combination of MDS items’ values is index. Both versions improved the unweighted index model (UWIM) that present on the MDS that satisfies this variance prediction of the case-mix we are proposing is based on a count of domain, it will credit the case with a system. The unweighted index model clinical variables, up to a maximum of count of 1 in addition to whatever other assigns a non-therapy ancillary level 11. There are 11 ‘‘domains,’’ some of domain criteria are satisfied by the based on a count of the variables which are comprised of multiple MDS MDS. clinical variables. The clinical (selected MDS items) associated with The identified clinical variables are conditions and services that define the non-therapy ancillary costs. Under the used for classification of every Medicare domains are shown in Table 3. Within weighted index model, different weights MDS in the Clinically Complex category a domain, any one clinical variable, or and above, regardless of the other are assigned to the selected MDS items combination of variables, satisfies the qualifying conditions and services based on the difference in costs criteria for being included in the count reported on the MDS. This means that associated with the item. In this study, for classification into one of the refined a beneficiary who has a count of 2 of the the researchers assigned the weights RUG–III groups. For example, the first relevant clinical variables, will classify based on quantitative analysis of the domain is ‘‘Parenteral/IV feeding with into the ‘‘3’’ level of the particular data. With both indices, thresholds were greater than 76 percent total calories.’’ refined RUG–III subcategory for which determined to form subgroups which In order for the domain to be counted he or she qualifies. As described above, vary logically in cost. However, these for determining the final step in RUG– the ‘‘3’’ level signifies a count of 1 or 2 cost variations relate to the research III classification in the UWIM, the MDS of the clinical variables used for data base, and need to be verified items K5a and K6a must be coded to determining the non-therapy ancillary against the national MDS/Medicare reflect the receipt by the beneficiary of end split. claims data base. at least 76 percent of total nutrition received via parenteral or IV feeding in For example, a beneficiary who has The grouping logic used for the the previous 7 days. pneumonia, an ADL sum score of 8, refined RUG–III is very similar to that Other domains are comprised of many dehydration, a fever, and a surgical currently used. The same 108 MDS more MDS items than the parenteral/IV wound that requires twice daily items that are used to classify feeding domain. An example of this is dressing changes, will classify to the beneficiaries into the 44 RUG–III groups the domain entitled, ‘‘Oxygen and either Special Care category. Within the will be used to classify beneficiaries pneumonia or respiratory infection with Special Care category, the ADL score of into the refined RUG–III subcategories fever, or pneumonia or respiratory 8 will classify this beneficiary into the in either the unweighted or weighted infection, chronic obstructive ‘‘SC’’ subcategory. The count of the index models. It is only at the last level pulmonary disease, congestive heart items that are used to make the final of classification that additional MDS failure, coronary artery disease with classification is 2, as the pneumonia and items are considered. The MDS items shortness of breath.’’ This domain will the wound care with dressing changes used for the last step of classification only count once toward classification are the two clinical variables that will include some of the 108 items that are even though it is possible for a affect classification of this beneficiary to used for the first level of classification beneficiary to have values for all of the SC3 group.

TABLE 3.ÐMDS ITEMS ASSOCIATED WITH DIFFERENCES IN ANCILLARY CHARGESÐREFINED VARIABLE LIST FOLLOWING CLINICAL INPUT

MDS items Percent of Regression domains sample coefficient Standard error t±Statistic

Parenteral/IV with >76 percent total calories ...... 1 153.97 14.63 10.53 Tracheostomy ...... 1 109.87 16.57 6.63 Suctioning ...... 2 106.76 10.23 10.43 IV Medication ...... 15 77.33 3.71 20.86 Oxygen and either pneumonia or resp. inf. with fever, or pneumonia or resp. inf., COPD, CHF, CAD with SOB ...... 44 26.42 2.60 10.17 Pneumonia ...... 10 25.64 4.06 6.32 Tube feeding with >76 percent total calories ...... 6 23.21 4.33 5.36 Respiratory Infection ...... 7 18.81 4.87 3.87 Application of dressing with/with-out topical medication and presence of ul- cers or other skin lesions/ wounds ...... 5 13.38 5.15 2.60 Skin wound/ulcer care ...... 25 7.01 2.77 2.53 Stage 4 Pressure Ulcer ...... 4 6.87 3.09 2.22 Notes: N = 8,087 (Based on analysis of test sample onlyÐ20 percent of observations) Data Source: Medicare MDS and SNF Claims Data 1995±1997, excluding ME, OH, SD.

Using the selected MDS items, we index methodology in Technical Extensive Services category (including calculated a non-therapy ancillary index Appendix A. beneficiaries in rehabilitation who also score for each MDS and classified them An index model can differ with qualify for Extensive Services) or to to the appropriate non-therapy ancillary respect to the RUG-III categories to apply the index option to a broader level. We are including a more detailed which the model is applied. Two group of RUG-III categories. The description of the non-therapy ancillary options that we considered were to research indicated very little difference apply the index model only to the in ancillary costs for beneficiaries in the

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Impaired Cognition, Behavior and levels, an approach similar to that used assigned after the RUG–III end-splits Physical Function categories. currently in RUG-III for classification (that is, ADLs, depression, restorative Differences in ancillary costs were into the Extensive Services category. At nursing) have been calculated. identified within the Rehabilitation, this phase of our analysis, we have The third digit of the proposed RUG– Clinically Complex, Special Care, and concluded that the added complexity of III coding structure will indicate the Extensive Services groups. For this the weighted model offsets any benefits non-therapy ancillary index level. In the reason, we propose to apply the non- gained. Therefore, we are proposing the unweighted non-therapy ancillary therapy ancillary index model to all unweighted non-therapy ancillary index model, there are 4 levels determined by residents in the Clinically Complex model that will be applied to the the number of MDS non-therapy category or above (where over 90 combined Rehabilitation/Extensive ancillary qualifying items (See Table 4 percent of Medicare patients fall). In Services, Rehabilitation, Extensive for the complete list of qualifiers.) addition, we propose to apply a single Services, Special Care and Clinically non-therapy ancillary index factor to Complex categories of the RUG-III Index Number qualifiers met each of the lower levels of the RUG-III hierarchy. level model (that is, Impaired Cognition, Adopting a new Extensive Services 5 ...... 6 or more. Behavior, and Physical Function). with Rehabilitation category and adding 4 ...... 3±5. Index models can also be applied a non-therapy ancillary index 3 ...... 1±2. differently across RUG-III levels. The component will require modifications to 2 ...... 0. most straightforward method is to apply the naming conventions used to identify 1 ...... RegularÐfor impaired cognition a fixed dollar amount for each level of each RUG-III group. Based on these behavior and physical function the index. In this case, the add-on for a recommendations, we have updated the categories. non-therapy ancillary index score of 3 RUG-III structure to incorporate the would be the same regardless of the proposed refinements, as displayed in For example, under the current RUG– beneficiary’s RUG-III group. Separate Table 4. These proposed RUG-III groups III model, a beneficiary whose MDS indices can also be calculated for each are based upon the existing 3 digit RUG- reflects an ADL sum score of 11, a level of the hierarchy. In this case, the III coding structure, but will designate tracheostomy, suctioning, pneumonia, dollar amount of the non-therapy the non-therapy ancillary level as well IV medications and receipt of 380 ancillary index level of 3 would be as the RUG-III category. minutes per week of physical therapy, different for beneficiaries in different The first letter of the RUG-III code would group into the RHB rehabilitation levels of the RUG-III hierarchy, for defines the hierarchy level. First, a new group. example, clinically complex, special hierarchy level is being added to In the refined RUG-III model with the care, rehabilitation, etc. Separate indices recognize beneficiaries needing a unweighted non-therapy ancillary are more appropriate when there is combination of Extensive and index, this beneficiary would group into significant inter-group variance. Using Rehabilitation Services. The codes used the LB4 group with the first digit, L, the research data base, we found to reflect the hierarchy level are also indicating a combination of Extensive significant variation. In projecting rates being expanded to identify separately Services and High Rehabilitation, the for both the UWIM (Tables 5 and 6) and each level of Rehabilitation (that is, second digit, B, indicating the ADL level WIM 2 (Technical Appendix A, Tables Ultra High, Very High, High, Medium of 11, and the third digit, 4, indicating 6.1 and 6.2) models, we calculated and Low) either in combination with the non-therapy ancillary level for a separate index values for each of the 8 Extensive Services or separately. beneficiary with 4 qualifiers. See Table proposed hierarchy levels. This 4 for a crosswalk from the current RUG- approach will be analyzed and RUG CODEÐFIRST LETTER III groups to the new groups. evaluated using the national PPS/MDS In Example 2, we will show the data base. Hierarchy Code proposed classification for a beneficiary Finally, index models can also differ who receives no rehabilitation services. with respect to the number of non- Extensive with Rehabilitation: This beneficiary is a quadriplegic, who therapy ancillary index groups that are Ultra High ...... J has an ADL sum score of 17, a stage 4 Very High ...... K used. Six groups were developed for the High ...... L pressure ulcer, treatment for the weighted index model. Four groups Medium ...... M pressure ulcer, pneumonia, and daily were used for the unweighted model. Low ...... N respiratory therapy. This beneficiary The weighted index model performs Rehabilitation: currently classifies into the Special Care slightly better than its unweighted Ultra High ...... U category, into the SSC group. In the counterpart. However, it adds a Very High ...... V refined classification system he or she significant level of complexity both in High ...... W will group into the SA4 group, showing terms of the number of additional RUG- Medium ...... X that he or she is in the Special Care III variations and the addition of a new Low ...... Y category, with an ADL sum score of 17– Extensive Services ...... E type of MDS scoring methodology based Special Services ...... S 18, and 3–5 of the MDS non-therapy on cost instead of clinical criteria. In Clinically Complex ...... C ancillary qualifiers. addition, as stated above, the weighted Impaired Cognition ...... I A naming convention has also been index model break points are not Behavior ...... B established for the weighted model. The representative of national ancillary Reduced Physical Function ...... P first 2 digits are the same as for the costs. unweighted model. The third digit, the On the other hand, the unweighted The second letter of the proposed non-therapy ancillary indicator, uses index model relies on a count of MDS RUG–III coding structure is an alpha alpha characters A through F, with ‘‘F’’ items to differentiate among index character that indicates the final group as the lowest ancillary level.

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TABLE 4.ÐRUG REFINEMENT CROSSWALK

Current Refined RUG±III Description of category Non-therapy RUG±III group ancillary split group

Rehab: At least 720 minutes/week in 1 disciplines, one discipline at least 5 days/week ...... 6 JA5 Extensive: At least one of the following: IV feeding in last 7 days, IV medications in last 14 days, suctioning in last 14 days, tracheostomy care in last 14 days, ventilator/respirator in last 14 days ADL Sum Score: 16±18 3±5 JA4 1±2 JA3 0 JA2 Rehabilitation: As above for ultra high rehabilitation ...... 6 JB5 Extensive: As above ADL Sum Score: 9±15 3±5 JB4 1±2 JB3 0 JB2 Rehabilitation: As above for ultra high rehabilitation ...... 6 JC5 Extensive: As above ADL Sum Score: 7±8 3±5 JC4 1±2 JC3 0 JC2 Rehabilitation: At least 500 minutes/week. At least one discipline 5 days/week ...... 6 KA5 Extensive: As above ADL Sum Score: 16±18 3±5 KA4 1±2 KA3 0 KA2 Rehabilitation: As above for Very High Rehabilitation ...... 6 KB5 Extensive: As above ADL Sum Score: 9±15 3±5 KB4 1±2 KB3 0 KB2 Rehabilitation: As above for Very High Rehabilitation ...... 6 KC5 Extensive: As above ADL Sum Score: 7±8 3±5 KC4 1±2 KC3 0 KC2 Rehabilitation: High Rehabilitation: At least 325 minutes/week. One discipline at least 5 times/ 6 LA5 week. Extensive: As above. ADL Sum Score: 13±18 3±5 LA4 1±2 LA3 0 LA2 Rehabilitation: As above for High Rehabilitation ...... 6 LB5 Extensive: As above ADL Sum Score: 8±12 3±5 LB4 1±2 LB3 0 LB2 Rehabilitation: As above for High Rehabilitation ...... 6 LC5 Extensive: As above ADL Sum Score: 7 3±5 LC4 1±2 LC3 0 LC2 Rehabilitation: Medium Rehabilitation: At least 150 minutes/week. Must have therapy on 5 6 MA5 days, any discipline combination. Extensive: As above ADL Sum Score: 15±18 3±5 MA4 1±2 MA3 0 MA2 Rehabilitation: As above for Medium Rehabilitation ...... 6 MB5 Extensive: As above ADL Sum Score: 8±14 3±5 MB4 1±2 MB3 0 MB2

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TABLE 4.ÐRUG REFINEMENT CROSSWALKÐContinued

Current Refined RUG±III Description of category Non-therapy RUG±III group ancillary split group

Rehabilitation: As above for Medium Rehabilitation ...... 6 MC5 Extensive: As above ADL Sum Score: 7 3±5 MC4 1±2 MC3 0 MC2 Rehabilitation: Low Rehabilitation: At least 45 minutes/week on at least 3 days/week. Nursing 6 NA5 Rehabilitation therapy must be provided in two activities, for 15 minutes, 6 days/week. Extensive: As above ADL Sum Score: 14±18 3±5 NA4 1±2 NA3 0 NA2 Rehabilitation: As above for Low Rehabilitation ...... 6 NB5 Extensive: As above. ADL Sum Score: 7±13 3±5 NB4 1±2 NB3 0 NB2 ULTRA HIGH Rehabilitation: At least 720 minutes/week in at least 2 therapy disciplines. At least one dis- 6 UA5 RUC. cipline must be provided at least 5 days/week. ADL Sum Score: 16±18 3±5 UA4 1±2 UA3 0 UA2 RUB ...... Rehabilitation: As above for Ultra High Rehabilitation ...... 6 UB5 ADL Sum Score: 9±15 3±5 UB4 1±2 UB3 0 UB2 RUA ...... Rehabilitation: As above for Ultra High Rehabilitation ...... 6 UC5 ADL Sum Score: 4±8 3±5 UC4 1±2 UC3 0 UC2 RVC ...... Rehabilitation: Very High Rehabilitation: At least 500 minutes/week. One discipline at least 5 6 VA5 days/week. ADL Sum Score: 16±18 3±5 VA4 1±2 VA3 0 VA2 RVB Rehabilitation: As above for Very High Rehabilitation ...... 6 VB5 ADL Sum Score: 9±15 3±5 VB4 1±2 VB3 0 VB2 ...... Rehabilitation: As above for Very High Rehabilitation ...... 6 VC5 ADL Sum Score: 4±8 3±5 VC4 1±2 VC3 0 VC2 RHC ...... Rehabilitation: High Rehabilitation: At least 325 minutes/week and at least one discipline 5 6 WA5 days/week. ADL Sum Score: 13±18 3±5 WA4 1±2 WA3 0 WA2 RHB ...... Rehabilitation: As above for High Rehabilitation ...... 6 WB5 ADL Sum Score: 8±12 3±5 WB4 1±2 WB3 0 WB2 RHA ...... Rehabilitation: As above for High Rehabilitation ...... 6 WC5 ADL Sum Score: 4±7 3±5 WC4 1±2 WC3 0 WC2

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TABLE 4.ÐRUG REFINEMENT CROSSWALKÐContinued

Current Refined RUG±III Description of category Non-therapy RUG±III group ancillary split group

RMC ...... Rehabilitation: At least 150 minutes/week and at least 5 days/week in one therapy discipline ... 6 XA5 3±5 XA4 1±2 XA3 0 XA2 RMB ...... Rehabilitation: As above for Medium Rehabilitation ...... 6 XB5 ADL Sum Score: 8±14 3±5 XB4 1±2 XB3 0 XB2 RMA ...... Rehabilitation: As above for Medium Rehabilitation ...... 6 XC5 ADL Sum Score: 4±7 3±5 XC4 1±2 XC3 0 XC2 RLB ...... Rehabilitation: Low Rehabilitation: At least 45 minutes/week on at least 3 days/week. Nursing 6 YA5 rehabilitation therapy must be provided in two activities, for 15 minutes, 6 days/week. ADL Sum Score: 14±18 3±5 YA4 1±2 YA3 0 YA2 RLA ...... Rehabilitation: As above for Low Rehabilitation ...... 6 YB5 ADL Sum Score: 4±13 3±5 YB4 1±2 YB3 0 YB2 SE3 ...... EXTENSIVE SERVICESÐ(if ADL <7, beneficiary classifies to Special Care) ...... 6 EA5 IV feeding in the past 7 days (K5a). IV medications in the past 14 days (P1ac). Suctioning in the past 14 days (P1ai). Tracheostomy care in the last 14 days (P1aj). Ventilator/respirator in the last 14 days (P1al). ADL Sum Score: 7±18. 3±5 EA4 Qualification for the EA, EB, EC levels is dependent on ADL score and additional clinical quali- 1±2 EA3 fiers identified in the Special Care and Clinically Complex criteria. No change from the cur- rent RUG±III system. 0 EA2 SE2 ...... Extensive Services: As above ...... 6 EB5 ADL Sum Score: 7±18 3±5 EB4 1±2 EB3 0 EB2 SE1 ...... Extensive Services: As above ...... 6 EC5 ADL Sum Score: 7±18 3±5 EC4 1±2 EC3 0 EC2 SSC ...... SPECIAL CAREÐ(if ADL <7 beneficiary classifies to Clinically Complex) ...... 6 SA5 Multiple Sclerosis (I1w) and an ADL score of 10 or higher ...... Quadriplegia (I1z) and an ADL score of 10 or higher ...... Cerebral Palsy (I1s) and an ADL score of 10 or higher ...... Respiratory therapy (P1bdA must = 7 days) ...... Ulcers, pressure or stasis; 2 or more of any stage (M1a,b,c,d) and treatment (M5a, b,c,d,e,g,h) Ulcers, pressure; any stage 3 or 4 (M2a) and treatment (M5a,b,c,d,e,g,h) ...... Radiation therapy (P1ah) ...... Surgical, Wounds (M4g) and treatment (M5f,g,h) ...... Open Lesions (M4c) and treatment (M5f,g,h) ...... Tube Fed (K5b) and Aphasia (I1r) and feeding accounts for at least 51 percent of daily cal- ories (K6a = 3 or 4) OR at least 26 percent of daily calories and 501cc daily intake (K6b = 2,3,4 or 5). Fever (J1h) with Dehydration (J1c), Pneumonia (Ie2),Vomiting (J1o) or Weight loss (K 3a) ...... Fever (J1h) with Tube Feeding (K5b) and, as above, (K6a = 3 or 4) &/or (K6b = 2,3,4, or 5) ...... ADL Sum Score: 17±18 ...... 3±5 SA4

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TABLE 4.ÐRUG REFINEMENT CROSSWALKÐContinued

Current Refined RUG±III Description of category Non-therapy RUG±III group ancillary split group

1±2 SA3 0 SA2 SSB ...... Special Care: As above ...... 6 SB5 ADL Sum Score: 15±16 3±5 SB4 1±2 SB3 0 SB2 SSA ...... Special Care: As above ...... 6 SC5 ADL Sum Score: 7±14 3±5 SC4 1±2 SC3 0 SC2 CC2 ...... CLINICALLY COMPLEXÐ 6 CA5 Burns (M4b) ...... Coma (B1) and Not awake (N1 = d) and completely ADL dependent (G1aa, G1ba, G1ha, G1ia = 4 or 8). Septicemia (I2g) ...... Pneumonia (I2e) ...... Foot/Wounds (M6b,c) and treatment (M6f) ...... Internal Bleed (J1j) ...... Dialysis (P1ab) ...... Tube Fed (K5b) and feeding accounts for: at least 51% of daily calories (K6a = 3 or 4) OR 26 percent of daily calories and 501cc daily intake (K6b = 2, 3, 4 or 5). Dehydration (J1c) ...... Oxygen therapy (P1ag) ...... Transfusions (P1ak) ...... Hemiplegia (I1v) and an ADL score or 10 or higher ...... Chemotherapy (P1aa) ...... No. Of Days in last 14 there were Physician Visits and order changes: ...... visits > = 1 days and order changes > = 4 days; or visits > = 2 days and order changes on > =2 days...... Diabetes mellitus (I1a) and injections on 7 days (O3> = 7). ADL Sum Score: 17±18 ...... 3±5 CA4 Positive for Signs of Depression CC1 ...... Clinically Complex: As above ...... 6 CB5 ADL Sum Score: 17±18 ...... No signs of depression ...... 3±5 CB4 1±2 CB3 0 CB2 CB2 ...... Clinically Complex: As above ...... 6 CC5 ADL Sum Score: 12±16 ...... 3±5 CC4 Positive for Signs for Depression 1±2 CC3 0 CC2 CB1 ...... Clinically Complex: As above ...... 6 CD5 ...... ADL Sum Score: 12±16 ...... 3±5 CD4 No signs of depression ...... 1±2 CD3 0 CD2 CA2 ...... Clinically Complex: As above ...... 6 CE5 ADL Sum Score: 4±11 ...... 3±5 CE4 Positive for Signs of Depression 1±2 CE3 1 CE2 CA1 ...... Clinically Complex: As above ...... 6 CF5 ADL Sum Score: 4±11 ...... 3±5 CF4 No Signs of Depression 1±2 CF3 0 CF2 IB2 ...... Impaired Cognition: Score on MDS2.0 Cognitive Performance Scale >= 3 ...... IA1 Receiving Nursing rehabilitation therapy in two activities, for 15 minutes, 6 days/week. ADL Sum Score: 6±10. IB1 ...... Impaired Cognition: Score on MDS2.0 Cognitive Performance Scale >= 3 ...... IB1 ADL Sum Score: 6±1 IA2 ...... Impaired Cognition: Score on MDS2.0 Cognitive Performance Scale >= 3 ...... IC1 Receiving Nursing rehabilitation therapy in two activities, for 15 minutes, 6 days/week. ADL Sum Score: 4±5.

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TABLE 4.ÐRUG REFINEMENT CROSSWALKÐContinued

Current Refined RUG±III Description of category Non-therapy RUG±III group ancillary split group

IA1 ...... Impaired Cognition: Score on MDS2.0 Cognitive Performance Scale >= 3 ...... ID1 ADL Sum Score: 4±5 BB2 ...... BEHAVIOR ONLY ...... BA1 Coded on MDS 2.0 items: 4+ days a weekÐwandering, physical or verbal abuse, inappro- priate behavior or resists care; or hallucinations, or delusions checked. Receiving Nursing rehabilitation therapy in two activities, for 15 minutes, 6 days/week. ADL Sum Score: 6±10. BB1 ...... Behavior: As above ...... BB1 No nursing rehabilitation received ADL Sum Score: 6±10 BA2 ...... Behavior: As above ...... BC1 Nursing Rehabilitation received, at level described above ADL Sum Score: 4±5 BA1 ...... Behavior: As above ...... BD1 No nursing rehabilitation received ADL Sum Score: 4±5 PE2 ...... Physical Function Impaired ...... PA1 Nursing Rehabilitation received, at level described above ADL Sum Score:16±18 PE1 ...... Physical Function Impaired ...... PB1 ADL Sum Score: 16±18 PD2 ...... Physical Function Impaired ...... PC1 Nursing Rehabilitation received, at level described above ADL Sum Score:11±15 PD1 ...... Physical Function Impaired ...... PD1 ADL Sum Score: 11±15 PC2 ...... Physical Function Impaired ...... PE1 Nursing Rehabilitation received, at level described above ADL Sum Score: 9±10 PC1 ...... Physical Function Impaired ...... PF1 ADL Sum Score: 9±10 PB2 ...... Physical Function Impaired ...... PG1 Nursing Rehabilitation received, at level described above ADL Sum Score: 6±8 PB1 ...... Physical Function Impaired ...... PH1 ADL Sum Score: 6±8 PA2 ...... Physical Function Impaired ...... PI1 Nursing Rehabilitation received, at level described above ADL Sum Score: 4±5 PA1 ...... Physical Function Impaired ...... PJ1 ADL Sum Score: 4±5 BC1 ...... ((1)) BC1 1Default Code

Additional Research Plans refinement to the RUG–III classification extent to which MDS data reflects short system on the FY 2001 Federal per diem stay patients. The research data base As noted above, we performed the rates. In addition, for comparison utilized MDS assessments from 1995 RUG–III refinement analyses on a purposes, we have developed rate tables through 1997, a period when MDSs research data base rather than on PPS for the WIM2 model that are shown in were often not completed for Medicare claims and MDS data. The Technical Appendix A (Tables 6.1 and beneficiaries who were in a SNF for less research data base was appropriate and 6.2). However, in reviewing these tables, than 14 days. By contrast, the PPS data extremely useful in testing hypotheses, it is important to recognize the base includes short-stay beneficiaries, and identifying areas where refinements following limitations: and we will take any special needs of could be introduced. However, research The nursing index is a critical factor this population into account by using data always have limitations, and HCFA in accurately calibrating the system to actual PPS data to validate the initial and contractor staff have identified link payment to acuity levels. The findings. several areas of concern. Fortunately, nursing indices shown in Tables 5 In addition, the methodology used to since actual PPS claims and MDS data through 6 assume that the distribution adjust non-therapy ancillary charges to are now available, we are already of the actual Medicare population is the cost used the older, non-therapy conducting additional analyses of the same as the distribution of the research ancillary charges and facility cost-to- unweighted and weighted models to data base. We are now reworking these charge ratios. In developing the PPS address these concerns and validate the calculations using national PPS data to data base, we will use PPS claims data research findings. ensure accurate calibration of the and the latest available cost-to-charge For this proposed rule, we have system. ratios. developed Tables 5 and 6 to illustrate Using the actual PPS data base also Using the smaller research data base, the application of the proposed adjusts for a second data limitation: the it was not always possible to obtain a

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Second, we have adjusted imputed ancillary costs, and applied methodology, it is certainly possible the nursing case mix component of the these imputed costs to the non-therapy that additional testing will identify new rate to remove the non-therapy ancillary ancillary index used in the rate-setting issues or support variations of the component that is part of the current projections. Using the national PPS data models to those presented here. We nursing index used in PPS rate-setting. base will allow better differentiation remain open to suggestions during the We will need to adjust one or both of between the non-therapy ancillary index comment period and will carefully these components based on the levels for the new, combined evaluate the validation analyses before additional analyses. Rehabilitation and Extensive Services proceeding to final rulemaking. To categories, particularly in index levels 2 illustrate the impact of these proposed We integrated these proposed and 3 of the unweighted model (and B changes based on the best data currently refinements into the rate-setting and C of the weighted model.) (See available, we have developed rate methodology, and we list the estimated Tables 5 and 6 for the UWIM model and Tables 5 and 6 using the unweighted per diem Federal rates for 178 separate Technical Appendix A Tables 6.1 and model. (For an additional discussion of RUG–III classification groups in Tables 6.2 for the WIM2 model.) the weighted model, including a 5 and 6. We list the case-mix adjusted Finally, we will continue the process schedule of rates, see Technical payment rates separately for urban and of identifying possible negative Appendix A.) These projections should rural SNFs (178 each), with the incentives associated with MDS items not be viewed as final nursing indices, corresponding case-mix index values. used in the non-therapy ancillary index. non-therapy ancillary indices, or These tables list the rates in total and by We will carefully evaluate each item payment rates. component. The application of the wage before incorporating it into the final Further, as noted above, we based the index, described later in this section, is index. Then, we will develop methods non-therapy ancillary indices on the the final adjustment applied to the to monitor coding practices and to mean adjusted derived cost (that is, projected Federal rates in these tables. identify changes in coding patterns for charges adjusted by facility ancillary In accordance with section 101 of the use in medical review, quality assurance cost-to-charge ratios) of non-therapy BBRA, we will make a four percent and program integrity activities. We will ancillary services. Mean costs were upward adjustment to the adjusted per issue clarifications, through Program calculated separately for each of the Memoranda and other appropriate eight proposed levels of the RUG–III diem Federal rate for FY 2001. This means, of MDS requirements needed to hierarchy. For the research data base, estimated adjustment is shown in Table maintain the integrity of the RUG–III we used the cost-to-charge ratio 9. system. applicable to the service date of the Finally, these projected rates do not Using the national PPS data base, we claim. For the follow up analyses using reflect the BBRA requirement (section will recalculate the distribution of the actual PPS claims data, we are using the 103) to reduce the Part A SNF payment beneficiary population across RUG–III most recent available cost-to-charge rates to account for those services that categories, including the proposed ratio. We expect that using the newer are newly excluded from consolidated combined Rehabilitation and Extensive cost-to-charges ratios will enhance the billing and, thus, will be separately Services category. Then, we will accuracy of the calculations. However, billable to Part B by the supplier. As perform the necessary analyses and due to the lag time between SNF PPS mentioned in section II.A.2. above, sensitivity tests to compare the results claims submission and cost report because of the complexity of the process with those derived from the research processing, it is impossible to match the and the amount of time needed to data base. We will reevaluate program claims service dates perfectly with the implement this requirement, we are options (for example, unweighted vs. cost report period used for the cost-to- unable at present to adjust the proposed weighted non-therapy ancillary index, charge ratios. For the SNF PPS data rates to reflect this. However, we will etc.) based on the additional analyses, base, we are proposing to use make these adjustments prospectively in and modify the proposed refinements as approximately 9 months of claims data the final rule establishing payment rates needed. We expect these final analyses starting from January 1, 1999, the date for FY 2001, using the methodology to be available in late Spring 2000, and almost all providers became subject to described below. we plan to incorporate them in the final PPS. The cost reports for calendar year rule to be issued before August 1, 2000. 1999 are not due until April 2000. In order to compute the level of this Finally, the research findings in this adjustment, we propose to determine PPS Rate Tables proposed rule include the use of the per diem amount of allowed charges We are confident that the additional ‘‘imputed’’ data in situations where the associated with the specific HCPCS analyses based on national data will cell size (for example, number of codes identified in the statute (and later confirm the need for refinements in the records meeting the criteria for a in this rule) using the same 1995 data RUG–III model by adding the new specific RUG–III group, etc.) was too on Part B services used in establishing combined Extensive and Rehabilitation small for accurate measurement. When the Federal rates. These data are Service groups and by creating a new using the national data base, we expect described in detail in section II.A.2.b of non-therapy ancillary index. However, that the relevant data cells will be the May 12, 1998 interim final rule (63 it is very likely the values of some of the adequately populated and that all FR 26251) and final rule (64 FR 41644) model components (for example, analyses used in developing the final associated with the implementation of average ancillary cost by RUG–III group, rule will be based on actual rather than the SNF PPS. The per diem amount will frequency distribution by RUG–III imputed data. be subtracted from the non-therapy group, relative weights, etc.) will be These tables reflect two adjustments ancillary component of the Federal rates further refined through use of the in particular. First, our nursing and shown in Tables 5 and 6 of this rule. We national data base. For this reason, it is therapy staff time indices (combined expect this adjustment to be minimal.

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Summary of Proposed RUG–III Physical Function categories exhibited a submissions beginning October 1, 1999. Refinements much smaller ancillary cost variation, Subsequently, in the final rule we calculated a single ancillary add-on published in the Federal Register on Based on the research described here, amount. The ancillary add-on amounts July 30, 1999, we announced a delay of we are proposing the addition of new were calculated separately for each of that requirement and stated our RUG–III groups to recognize the needs the eight proposed RUG–III categories. intention to require completion of of Medicare beneficiaries with both The refinements will achieve Section U beginning October 1, 2000. heavy medical and rehabilitation needs important improvements in the PPS However, we are currently unable to and the development of an unweighted model, and allow for more accurate implement the collection of medication index model that would account more payment rates. In addition, after further data on the MDS beginning October 1, precisely for the variation in non- analysis and review of public 2000. Accordingly, we will not require therapy ancillary services. Since the comments, we may adjust these completion and submission of Section U research shows substantial ancillary proposed refinements further to reflect of the MDS beginning October 1, 2000, cost variation in the Rehabilitation and actual PPS experience. Extensive Services, Rehabilitation, as we had planned. We are currently Extensive Services, Special Care, and Collection of Medication Data examining issues related to the Clinically Complex categories, we have In the interim final rule published in implementation of this requirement and proposed four ancillary index levels to the Federal Register on May 12, 1998, we plan to address this matter when we capture variation in ancillary costs we stated that we would require implement the SNF PPS payment accurately. Since beneficiaries in the facilities to complete and include MDS update for FY 2001. Impaired Cognition, Behavior, and Section U with their Medicare MDS BILLING CODE 4120±03±U

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BILLING CODE 4120±03±C

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C. Wage Index Adjustment to Federal For rates addressed in this proposed that are greater or less than would Rates rule, we are using wage index values otherwise be made in the absence of the that are based on hospital wage data wage adjustment. In this third PPS year Section 1888(e)(4)(G)(ii) of the Act from cost reporting periods beginning in (Federal rates effective October 1, 2000), requires that we provide for adjustments FY 1996, the same wage data as used to we are updating the wage index to the Federal rates to account for compute the FY 2000 wage index values applicable to SNF payments using the differences in area wage levels using an for the inpatient hospital PPS. We will most recent hospital wage data and ‘‘appropriate’’ wage index as incorporate updated wage data in the applying an adjustment to fulfill the determined by the Secretary. In final rule for the FY 2001 SNF PPS budget neutrality requirement. This addition, it is our intent to evaluate a update. requirement will be met by multiplying wage index based specifically on SNF The computation of the wage index is each of the per diem rate components by data once it becomes available. The SNF similar to past years in that we the ratio of the volume weighted mean wage data are currently being collected incorporate the latest data and wage adjustment factor (using the wage methodology used to construct the and evaluated to determine if we can index from the previous year) to the hospital wage index (see the discussion utilize them in the future. If a wage volume weighted mean wage in the May 12, 1998 interim final rule index based on SNF data is developed, adjustment factor, using the wage index (63 FR 26274)). The wage index we will publish it for comment. for the FY beginning October 1, 2000. However, in the interim, many adjustment is applied to the labor- related portion of the Federal rate, The same volume weights are used in commenters urged us to incorporate the which is 77.663 percent of the total rate. both the numerator and denominator latest wage data available. We continue The schedule of Federal rates below and will be derived from 1997 Medicare to believe that, until a wage index based shows the Federal rates by labor-related Provider Analysis and Review File on SNF wage data is collected and and non-labor-related components. (MedPAR) data. The wage adjustment analyzed, the hospital wage index’s As discussed above and in the interim factor used in this calculation is defined wage data provide the best available final rule, until an appropriate wage as the labor share of the rate component measure of comparable wages that index based specifically on SNF data is multiplied by the wage index plus the should be paid by SNFs. We believe, available, we will use the latest non-labor share. The budget neutrality since hospitals and SNFs compete in the available hospital wage index data in factor for FY 2001 is multiplied by each same labor market area, that the use of making annual updates to the payment of the Federal rate components. This this index’s wage data results in an rates. In making these annual updates, factor will be established when the appropriate adjustment to the labor section 1888(e)(4)(G)(ii) of the Act updated wage data for the FY 2001 portion of SNF costs based on an requires that the application of this hospital wage index is available and set appropriate wage index, as required wage index be made in a manner that forth in the final rule establishing the under section 1888(e) of the Act. does not result in aggregate payments FY 2001 SNF PPS rates.

TABLE 7.ÐCASE-MIX ADJUSTED FEDERAL RATES FOR URBAN SNFSBYLABOR AND NON-LABOR COMPONENT [In dollars]

Total RUG III category Labor Non-labor federal related related rate

JA5 ...... 544.64 156.64 701.28 JA4 ...... 391.79 112.68 504.47 JA3 ...... 331.88 95.45 427.33 JA2 ...... 331.88 95.45 427.33 JB5 ...... 528.61 152.03 680.64 JB4 ...... 375.76 108.07 483.83 JB3 ...... 315.85 90.84 406.69 JB2 ...... 315.85 90.84 406.69 JC5 ...... 520.09 149.59 669.68 JC4 ...... 367.25 105.62 472.87 JC3 ...... 307.34 88.39 395.73 JC2 ...... 307.34 88.39 395.73 KA5 ...... 481.65 138.53 620.18 KA4 ...... 328.80 94.57 423.37 KA3 ...... 268.89 77.34 346.23 KA2 ...... 268.89 77.34 346.23 KB5 ...... 475.14 136.66 611.80 KB4 ...... 322.29 92.70 414.99 KB3 ...... 262.38 75.47 337.85 KB2 ...... 262.38 75.47 337.85 KC5 ...... 463.12 133.20 596.32 KC4 ...... 310.27 89.24 399.51 KC3 ...... 250.36 72.01 322.37 KC2 ...... 250.36 72.01 322.37 LA5 ...... 448.33 128.95 577.28 LA4 ...... 295.48 84.99 380.47 LA3 ...... 235.58 67.75 303.33 LA2 ...... 235.58 67.75 303.33 LB5 ...... 443.33 127.79 571.12

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TABLE 7.ÐCASE-MIX ADJUSTED FEDERAL RATES FOR URBAN SNFSBYLABOR AND NON-LABOR COMPONENTÐ Continued [In dollars]

Total RUG III category Labor Non-labor federal related related rate

LB4 ...... 291.48 83.83 375.31 LB3 ...... 231.57 66.60 298.17 LB2 ...... 231.57 66.60 298.17 LC5 ...... 433.31 124.62 557.93 LC4 ...... 280.46 80.66 361.12 LC3 ...... 220.55 63.43 283.98 LC2 ...... 220.55 63.43 283.98 MA5 ...... 443.52 127.56 571.08 MA4 ...... 290.67 83.60 374.27 MA3 ...... 230.76 66.37 297.13 MA2 ...... 230.76 66.37 297.13 MB5 ...... 434.00 124.83 558.83 MB4 ...... 281.16 80.86 362.02 MB3 ...... 221.25 63.63 284.88 MB2 ...... 221.25 63.63 284.88 MC5 ...... 432.00 124.25 556.25 MC4 ...... 279.15 80.29 359.44 MC3 ...... 219.24 63.06 282.30 MC2 ...... 219.24 63.06 282.30 NA5 ...... 413.85 119.03 532.88 NA4 ...... 261.00 75.07 336.07 NA3 ...... 201.09 57.84 258.93 NA2 ...... 201.09 57.84 258.93 NB5 ...... 400.83 115.29 516.12 NB4 ...... 247.99 71.32 319.31 NB3 ...... 188.08 54.09 242.17 NB2 ...... 188.08 54.09 242.17 UA5 ...... 322.57 92.78 415.35 UA4 ...... 323.34 93.00 416.34 UA3 ...... 288.01 82.84 370.85 UA2 ...... 273.03 78.53 351.56 UB5 ...... 309.05 88.89 397.94 UB4 ...... 309.82 89.11 398.93 UB3 ...... 274.49 78.95 353.44 UB2 ...... 259.51 74.64 334.15 UC5 ...... 301.54 86.73 388.27 UC4 ...... 302.31 86.95 389.26 UC3 ...... 266.98 76.79 343.77 UC2 ...... 252.00 72.48 324.48 VA5 ...... 264.10 75.96 340.06 VA4 ...... 264.87 76.18 341.05 VA3 ...... 229.54 66.02 295.56 VA2 ...... 214.56 61.71 276.27 VB5 ...... 257.09 73.94 331.03 VB4 ...... 257.86 74.16 332.02 VB3 ...... 222.53 64.00 286.53 VB2 ...... 207.55 59.69 267.24 VC5 ...... 245.07 70.48 315.55 VC4 ...... 245.83 70.71 316.54 VC3 ...... 210.51 60.54 271.05 VC2 ...... 195.52 56.24 251.76 WA5 ...... 232.28 66.81 299.09 WA4 ...... 233.05 67.03 300.08 WA3 ...... 197.72 56.87 254.59 WA2 ...... 182.74 52.56 235.30 WB5 ...... 227.27 65.37 292.64 WB4 ...... 228.04 65.59 293.63 WB3 ...... 192.71 55.43 248.14 WB2 ...... 177.73 51.12 228.85 WC5 ...... 219.27 63.06 282.33 WC4 ...... 220.03 63.29 283.32 WC3 ...... 184.71 53.12 237.83 WC2 ...... 169.72 48.82 218.54 XA5 ...... 217.95 62.69 280.64

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TABLE 7.ÐCASE-MIX ADJUSTED FEDERAL RATES FOR URBAN SNFSBYLABOR AND NON-LABOR COMPONENTÐ Continued [In dollars]

Total RUG III category Labor Non-labor federal related related rate

XA4 ...... 218.72 62.91 281.63 XA3 ...... 183.39 52.75 236.14 XA2 ...... 168.41 48.44 216.85 XB5 ...... 214.45 61.68 276.13 XB4 ...... 215.22 61.90 277.12 XB3 ...... 179.89 51.74 231.63 XB2 ...... 164.91 47.43 212.34 XC5 ...... 212.45 61.10 273.55 XC4 ...... 213.22 61.32 274.54 XC3 ...... 177.89 51.16 229.05 XC2 ...... 162.91 46.85 209.76 YA5 ...... 194.80 56.03 250.83 YA4 ...... 195.57 56.25 251.82 YA3 ...... 160.24 46.09 206.33 YA2 ...... 145.26 41.78 187.04 YB5 ...... 180.78 51.99 232.77 YB4 ...... 181.55 52.21 233.76 YB3 ...... 146.22 42.05 188.27 YB2 ...... 131.23 37.75 168.98 EA5 ...... 336.39 96.75 433.14 EA4 ...... 264.57 76.10 340.67 EA3 ...... 207.73 59.75 267.48 EA2 ...... 186.23 53.56 239.79 EB5 ...... 319.36 91.85 411.21 EB4 ...... 247.54 71.20 318.74 EB3 ...... 190.70 54.85 245.55 EB2 ...... 169.20 48.66 217.86 EC5 ...... 308.34 88.68 397.02 EC4 ...... 236.52 68.03 304.55 EC3 ...... 179.68 51.68 231.36 EC2 ...... 158.18 45.49 203.67 SA5 ...... 156.71 45.07 201.78 SA4 ...... 174.76 50.26 225.02 SA3 ...... 148.65 42.75 191.40 SA2 ...... 134.82 38.77 173.59 SB5 ...... 152.70 43.92 196.62 SB4 ...... 170.75 49.11 219.86 SB3 ...... 144.64 41.60 186.24 SB2 ...... 130.81 37.62 168.43 SC5 ...... 150.70 43.34 194.04 SC4 ...... 168.75 48.53 217.28 SC3 ...... 142.64 41.02 183.66 SC2 ...... 128.80 37.05 165.85 CA5 ...... 207.29 59.62 266.91 CA4 ...... 207.29 59.62 266.91 CA3 ...... 162.35 46.70 209.05 CA2 ...... 135.09 38.85 173.94 CB5 ...... 200.78 57.75 258.53 CB4 ...... 200.78 57.75 258.53 CB3 ...... 155.85 44.82 200.67 CB2 ...... 128.58 36.98 165.56 CC5 ...... 196.77 56.60 253.37 CC4 ...... 196.77 56.60 253.37 CC3 ...... 151.84 43.67 195.51 CC2 ...... 124.57 35.83 160.40 CD5 ...... 193.26 55.59 248.85 CD4 ...... 193.26 55.59 248.85 CD3 ...... 148.33 42.66 190.99 CD2 ...... 121.06 34.82 155.88 CE5 ...... 192.77 55.44 248.21 CE4 ...... 192.77 55.44 248.21 CE3 ...... 147.83 42.52 190.35 CE2 ...... 120.56 34.68 155.24 CF5 ...... 188.76 54.29 243.05

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TABLE 7.ÐCASE-MIX ADJUSTED FEDERAL RATES FOR URBAN SNFSBYLABOR AND NON-LABOR COMPONENTÐ Continued [In dollars]

Total RUG III category Labor Non-labor federal related related rate

CF4 ...... 188.76 54.29 243.05 CF3 ...... 143.82 41.37 185.19 CF2 ...... 116.56 33.52 150.08 IA1 ...... 109.33 31.44 140.77 IB1 ...... 108.32 31.16 139.48 IC1 ...... 103.32 29.71 133.03 ID1 ...... 101.31 29.14 130.45 BA1 ...... 114.97 33.07 148.04 BB1 ...... 113.47 32.64 146.11 BC1 ...... 108.96 31.34 140.30 BD1 ...... 104.96 30.19 135.15 PA1 ...... 120.25 34.58 154.83 PB1 ...... 117.74 33.86 151.60 PC1 ...... 116.74 33.57 150.31 PD1 ...... 114.23 32.86 147.09 PE1 ...... 113.73 32.71 146.44 PF1 ...... 107.22 30.84 138.06 PG1 ...... 106.72 30.70 137.42 PH1 ...... 106.22 30.55 136.77 PI1 ...... 104.72 30.12 134.84 PJ1 ...... 104.72 30.12 134.84

TABLE 8.ÐCASE-MIX ADJUSTED FEDERAL RATES FOR RURAL SNFSBYLABOR AND NON-LABOR COMPONENT [In dollars]

Total RUG III category Labor Non-labor federal related related rate

JA5 ...... $550.79 $158.41 $709.20 JA4 ...... 406.81 117.01 523.82 JA3 ...... 350.38 100.77 451.15 JA2 ...... 350.38 100.77 451.15 JB5 ...... 535.25 153.95 689.20 JB4 ...... 391.28 112.54 503.82 JB3 ...... 334.84 96.31 431.15 JB2 ...... 334.84 96.31 431.15 JC5 ...... 527.00 151.57 678.57 JC4 ...... 383.03 110.16 493.19 JC3 ...... 326.59 93.93 420.52 JC2 ...... 326.59 93.93 420.52 KA5 ...... 479.34 137.86 617.20 KA4 ...... 335.36 96.46 431.82 KA3 ...... 278.93 80.22 359.15 KA2 ...... 278.93 80.22 359.15 KB5 ...... 473.02 136.05 609.07 KB4 ...... 329.05 94.64 423.69 KB3 ...... 272.61 78.41 351.02 KB2 ...... 272.61 78.41 351.02 KC5 ...... 461.37 132.70 594.07 KC4 ...... 317.40 91.29 408.69 KC3 ...... 260.96 75.06 336.02 KC2 ...... 260.96 75.06 336.02 LA5 ...... 441.21 126.90 568.11 LA4 ...... 297.24 85.49 382.73 LA3 ...... 240.80 69.26 310.06 LA2 ...... 240.80 69.26 310.06 LB5 ...... 437.33 125.78 563.11 LB4 ...... 293.36 84.37 377.73 LB3 ...... 236.92 68.14 305.06 LB2 ...... 236.92 68.14 305.06

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TABLE 8.ÐCASE-MIX ADJUSTED FEDERAL RATES FOR RURAL SNFSBYLABOR AND NON-LABOR COMPONENTÐ Continued [In dollars]

Total RUG III category Labor Non-labor federal related related rate

LC5 ...... 426.65 122.71 549.36 LC4 ...... 282.68 81.30 363.98 LC3 ...... 226.24 65.07 291.31 LC2 ...... 226.24 65.07 291.31 MA5 ...... 434.43 124.95 559.38 MA4 ...... 290.46 83.54 374.00 MA3 ...... 234.02 67.31 301.33 MA2 ...... 234.02 67.31 301.33 MB5 ...... 425.21 122.30 547.51 MB4 ...... 281.24 80.89 362.13 MB3 ...... 224.80 64.66 289.46 MB2 ...... 224.80 64.66 289.46 MC5 ...... 423.27 121.74 545.01 MC4 ...... 279.30 80.33 359.63 MC3 ...... 222.86 64.10 286.96 MC2 ...... 222.86 64.10 286.96 NA5 ...... 401.47 115.47 516.94 NA4 ...... 257.50 74.06 331.56 NA3 ...... 201.06 57.83 258.89 NA2 ...... 201.06 57.83 258.89 NB5 ...... 388.85 111.84 500.69 NB4 ...... 244.88 70.43 315.31 NB3 ...... 188.44 54.20 242.64 NB2 ...... 188.44 54.20 242.64 UA5 ...... 340.94 98.06 439.00 UA4 ...... 341.66 98.27 439.93 UA3 ...... 308.38 88.70 397.08 UA2 ...... 294.27 84.64 378.91 UB5 ...... 327.83 94.29 422.12 UB4 ...... 328.55 94.50 423.05 UB3 ...... 295.27 84.93 380.20 UB2 ...... 281.16 80.87 362.03 UC5 ...... 320.55 92.20 412.75 UC4 ...... 321.28 92.40 413.68 UC3 ...... 288.00 82.83 370.83 UC2 ...... 273.89 78.77 352.66 VA5 ...... 273.86 78.76 352.62 VA4 ...... 274.58 78.97 353.55 VA3 ...... 241.30 69.40 310.70 VA2 ...... 227.19 65.34 292.53 VB5 ...... 267.06 76.81 343.87 VB4 ...... 267.78 77.02 344.80 VB3 ...... 234.50 67.45 301.95 VB2 ...... 220.39 63.39 283.78 VC5 ...... 255.41 73.46 328.87 VC4 ...... 256.13 73.67 329.80 VC3 ...... 222.85 64.10 286.95 VC2 ...... 208.74 60.04 268.78 WA5 ...... 237.19 68.22 305.41 WA4 ...... 237.91 68.43 306.34 WA3 ...... 204.63 58.86 263.49 WA2 ...... 190.52 54.80 245.32 WB5 ...... 232.34 66.82 299.16 WB4 ...... 233.06 67.03 300.09 WB3 ...... 199.78 57.46 257.24 WB2 ...... 185.67 53.40 239.07 WC5 ...... 224.57 64.59 289.16 WC4 ...... 225.29 64.80 290.09 WC3 ...... 192.01 55.23 247.24 WC2 ...... 177.90 51.17 229.07 XX5 ...... 221.19 63.62 284.81 XA4 ...... 221.91 63.83 285.74 XA3 ...... 188.64 54.25 242.89 XA2 ...... 174.52 50.20 224.72

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TABLE 8.ÐCASE-MIX ADJUSTED FEDERAL RATES FOR RURAL SNFSBYLABOR AND NON-LABOR COMPONENTÐ Continued [In dollars]

Total RUG III category Labor Non-labor federal related related rate

XB5 ...... 217.79 62.64 280.43 XB4 ...... 218.51 62.85 281.36 XB3 ...... 185.23 53.28 238.51 XB2 ...... 171.12 49.22 220.34 XC5 ...... 215.85 62.08 277.93 XC4 ...... 216.57 62.29 278.86 XC3 ...... 183.29 52.72 236.01 XC2 ...... 169.18 48.66 217.84 YA5 ...... 194.54 55.95 250.49 YA4 ...... 195.26 56.16 251.42 YA3 ...... 161.98 46.59 208.57 YA2 ...... 147.87 42.53 190.40 YB5 ...... 180.95 52.04 232.99 YB4 ...... 181.67 52.25 233.92 YB3 ...... 148.39 42.68 191.07 YB2 ...... 134.28 38.62 172.90 EA5 ...... 323.82 93.14 416.96 EA4 ...... 256.18 73.68 329.86 EA3 ...... 202.64 58.28 260.92 EA2 ...... 182.38 52.45 234.83 EB5 ...... 307.32 88.39 395.71 EB4 ...... 239.68 68.93 308.61 EB3 ...... 186.13 53.54 239.67 EB2 ...... 165.87 47.71 213.58 EC5 ...... 296.64 85.32 381.96 EC4 ...... 229.00 65.86 294.86 EC3 ...... 175.46 50.46 225.92 EC2 ...... 155.19 44.64 199.83 SA5 ...... 153.73 44.22 197.95 SA4 ...... 170.73 49.11 219.84 SA3 ...... 146.13 42.03 188.16 SA2 ...... 133.11 38.29 171.40 SB5 ...... 149.85 43.10 192.95 SB4 ...... 166.85 47.99 214.84 SB3 ...... 142.25 40.91 183.16 SB2 ...... 129.23 37.17 166.40 SC5 ...... 147.91 42.54 190.45 SC4 ...... 164.91 47.43 212.34 SC3 ...... 140.31 40.35 180.66 SC2 ...... 127.29 36.61 163.90 CA5 ...... 201.36 57.91 259.27 CA4 ...... 201.36 57.91 259.27 CA3 ...... 159.03 45.74 204.77 CA2 ...... 133.35 38.35 171.70 CB5 ...... 195.05 56.10 251.15 CB4 ...... 195.05 56.10 251.15 CB3 ...... 152.72 43.93 196.65 CB2 ...... 127.04 36.54 163.58 CC5 ...... 191.17 54.98 246.15 CC4 ...... 191.17 54.98 246.15 CC3 ...... 148.84 42.81 191.65 CC2 ...... 123.16 35.42 158.58 CD5 ...... 187.77 54.00 241.77 CD4 ...... 187.77 54.00 241.77 CD3 ...... 145.44 41.83 187.27 CD2 ...... 119.76 34.44 154.20 CE5 ...... 187.28 53.87 241.15 CE4 ...... 187.28 53.87 241.15 CE3 ...... 144.96 41.69 186.65 CE2 ...... 119.27 34.31 153.58 CF5 ...... 183.40 52.75 236.15 CF4 ...... 183.40 52.75 236.15 CF3 ...... 141.07 40.58 181.65 CF2 ...... 115.39 33.19 148.58 IA1 ...... 108.50 31.20 139.70

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TABLE 8.ÐCASE-MIX ADJUSTED FEDERAL RATES FOR RURAL SNFSBYLABOR AND NON-LABOR COMPONENTÐ Continued [In dollars]

Total RUG III category Labor Non-labor federal related related rate

IB1 ...... 107.52 30.93 138.45 IC1 ...... 102.67 29.53 132.20 ID1 ...... 100.73 28.97 129.70 BA1 ...... 113.80 32.73 146.53 BB1 ...... 112.35 32.31 144.66 BC1 ...... 107.97 31.06 139.03 BD1 ...... 104.09 29.94 134.03 PA1 ...... 118.89 34.20 153.09 PB1 ...... 116.46 33.50 149.96 PC1 ...... 115.49 33.22 148.71 PD1 ...... 113.07 32.52 145.59 PE1 ...... 112.58 32.38 144.96 PF1 ...... 106.27 30.57 136.84 PG1 ...... 105.78 30.43 136.21 PH1 ...... 105.30 30.29 135.59 PI1 ...... 103.84 29.87 133.71 PJ1 ...... 103.84 29.87 133.71

For any RUG–III group, to compute a Further, regulations at § 413.345 provide facilities choosing to bypass the wage-adjusted Federal payment rate, the that the information included in each transition in accordance with section labor-related portion of the payment rate update of the Federal payment rates in 102 of the BBRA; these facilities will be is multiplied by the SNF’s appropriate the Federal Register will include the paid based on 100 percent of the Federal wage index factor. The wage index designation of those specific RUGs rate. factor has not been updated since the under the classification system that The facility-specific per diem rate is publication of the July 30, 1999 update represent the required SNF level of care, the sum of the facility’s total allowable notice (64 FR 41684). The product of as provided in § 409.30. Accordingly, Part A Medicare costs and an estimate that calculation is added to the we hereby propose to designate the of the amounts that would be payable corresponding non-labor-related following RUG–III classifications for under Part B for covered SNF services component. The resulting amount is the this purpose: all groups within the for cost reporting periods beginning in Federal rate applicable to a beneficiary Rehabilitation and Extensive category; FY 1995 (base year). The base year cost in that RUG–III group for that SNF. all groups within the Ultra High report used to compute the facility- Rehabilitation category; all groups specific per diem rate in the transition D. Updates to the Federal Rates within the Very High Rehabilitation period may be settled (either tentative or In accordance with section category; all groups within the Medium final) or as-submitted for Medicare 1888(e)(4)(E) of the Act, the proposed Rehabilitation category; all groups payment purposes. Under section payment rates listed here have been within the Low Rehabilitation category; 1888(e)(3) of the Act, any adjustments to updated by the SNF market basket all groups within the Extensive Services the base year cost report made as a minus 1 percentage point, which equals category; and, all groups within the result of settlement or other action by 1.01833 percent. For each succeeding Clinically Complex category. the fiscal intermediary, including cost FY, we will publish the rates in the limit exceptions and exemptions, or III. Three-Year Transition Period Federal Register before August 1 of the results of an appeal, will result in a year preceding the affected Federal FY. Under sections 1888(e)(1) and (2) of revision to the facility-specific per diem For the current FY (FY 2001), and for the Act, during a facility’s first three rate. The instructions for calculating the FY 2002, section 1888(e)(4)(E)(ii) of the cost reporting periods that begin on or facility-specific per diem rate are Act requires the rates to be increased by after July 1, 1998 (that is, the transition described in detail in the May 12, 1998 a factor equal to the SNF market index period), the facility’s PPS rate will be interim final rule. In order to implement change minus 1 percentage point. For equal to the sum of a percentage of an section 104 of the BBRA, for providers subsequent FYs, this section requires adjusted facility-specific per diem rate that received payment under the RUG– the rates to be increased by the and a percentage of the adjusted Federal III demonstration during a cost reporting applicable SNF market basket index per diem rate, as discussed in Section period that began in calendar year 1997, increase. I.D.2. above. After the transition period, we will determine their facility-specific the PPS rate will equal the adjusted per diem rate using the methodology E. Relationship of RUG–III Classification Federal per diem rate. The transition described below. System to Existing Skilled Nursing period payment method will not apply It is possible that some providers Facility Level-of-Care Criteria to SNFs that first received Medicare participated in the demonstration but As discussed in II.B above, we are payments (interim or otherwise) on or did not have a cost reporting period that proposing a number of refinements in after October 1, 1995 under present or began in calendar year 1997. For those the RUGs classifications in this notice. previous ownership, or to those providers, we will determine their

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules 19229 facility-specific per diem rate by using Step 4—Add the amount determined of the facility-specific per diem rate and the calculations outlined in the May 12, in step 3, to the appropriate Part B add- 50 percent of the Federal per diem rate. 1998 Federal Register interim final rule on amount determined according to For the third cost reporting period, the (63 FR 26251, section III. (A)(1)(a), (b), Program Memorandum transmittal no. SNF payment will be the sum of 25 or (c)). As with the facility-specific per A–99–53 (December 1999). percent of the facility-specific per diem diem applicable to other providers, the The amount in Step 4 is the facility- rate and 75 percent of the Federal per allowable costs will be subject to change specific rate that is applicable for the diem rate. For all subsequent cost based on the settlement of the cost facility’s first cost reporting period reporting periods beginning after the beginning on or after October 1, 2000. report used to determine the total transition period, the SNF payment will payment under the demonstration. In Computation of the Skilled Nursing be equal to 100 percent of the Federal addition, we derive a special market Facility Prospective Payment System per diem rate. An example is given basket inflation factor to adjust the 1997 Rate During the Transition: costs to the midpoint of the rate setting For the first three cost reporting below computing the SNF PPS rate and period (October 1, 2000 to September periods beginning on or after July 1, SNF payment. 30, 2001.) 1998 (the transition period), an SNF’s Example of computation of adjusted Step 1—Determine the aggregate payment under the PPS is the sum of a PPS rates and SNF payment: percentage of the facility-specific per payment during the cost reporting Using the XYZ SNF described in diem rate and a percentage of the period that began in calendar year Table 9, the following shows the 1997—RUG–III payment plus routine adjusted Federal per diem rate. Under adjustments made to the facility-specific capital costs plus ancillary costs (other section 1888(e)(2)(C) of the Act, for the than occupational therapy, physical first cost reporting period in the per diem rate and the Federal per diem therapy, and speech pathology). transition period, the SNF payment will rate to compute the provider’s actual per Step 2—Divide the amount in Step 1, be the sum of 75 percent of the facility- diem PPS payment in the transition by the applicable total inpatient days for specific per diem rate and 25 percent of period. XYZ’s 12-month cost reporting the cost reporting period. the Federal per diem rate. For the period begins October 1, 2000. (This is Step 3—Adjust the amount in Step 2, second cost reporting period, the SNF the provider’s second cost reporting by 1.094828 (inflation factor). payment will be the sum of 50 percent period under the transition.)

STEP 1 Compute: Facility-specific per diem rate ...... $570.00 Market Basket Adjustment (Table 10.C) ...... x 1.13320

Adjusted facility-specific rate ...... $645.92

Step 2 Compute Federal per diem rate:

TABLE 9 [SNF XYZ from above is located in State College, PA with a wage index of 0.9138.]

Labor Adjusted Nonlabor Adjusted 4 percent Medicare RUG group portion* Wage index labor portion* rate adjustment days Payment

VA5 ...... $264.10 0.9138 $241.33 $75.96 $317.29 $329.98 50 $16,499 WA5 ...... 232.28 0.9138 212.26 66.81 279.07 290.23 50 14,512

Total ...... 100 31,011 * From Table 7. STEP 3 Apply transition period percentages: Facility-specific per diem rate $645.92 × 100 days = ...... $64,592 Times transition percentage (50 percent) ...... 50

Actual facility-specific PPS payment ...... 32,296

Federal PPS payment ...... 31,011 Times transition percentage (50 percent) ...... 50

Actual Federal PPS payment ...... 15,506 STEP 4 Compute total PPS payment: XYZ’s total PPS payment ($32,296 + $15,506) ...... 47,802

IV. The Skilled Nursing Facility Market SNF market basket index (input price PPS. This rule incorporates the latest Basket Index index) that reflects changes over time in estimates of the SNF market basket Section 1888(e)(5)(A) of the Act the prices of an appropriate mix of index at the time of this proposed rule. requires the Secretary to establish an goods and services included in the SNF The final rule will incorporate updated

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 19230 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules projections based on the latest available TABLE 10.BÐSKILLED NURSING FACIL- specific portion and Federal portion of projections as of that point in time. ITY TOTAL COST MARKET BASKET, the SNF PPS rates. Accordingly, as described below, we FORECASTED CHANGE, 1997±2002 A. Facility-Specific Rate Update Factor have developed a SNF market basket index that encompasses the most Skilled Under section 1888(e)(3)(D)(i) of the commonly used cost categories for SNF nursing Act, for the facility-specific portion of facility the SNF PPS rate, we will update a routine services, ancillary services, and Fiscal years beginning October 1 total cost capital-related expenses. In the May 12, market facility’s base year costs up to the 1998 Federal Register, we included a basket corresponding cost reporting period complete discussion on rebasing the beginning October 1, 2000, and ending October 1996, FY 1997 ...... 2.4 September 30, 2001, by the SNF market SNF market basket to FY 1992, and October 1997, FY 1998 ...... 2.8 basket percentage. We took the revising the index to include capital and October 1998, FY 1999 ...... 2.8 following steps to develop the 12-month ancillary costs. There are 21 separate October 1999, FY 2000 ...... 3.1 October 2000, FY 2001 ...... 2.8 cost reporting period facility-specific cost categories and respective price rate update factors shown in Table 10.C. proxies. These cost categories were October 2001, FY 2002 ...... 2.9 Forecasted Average: 2000±2002 2.9 For the facility rate, we developed illustrated in Tables 4.A, 4.B, and factors to inflate data from cost Appendix A, found in the May 12, 1998 Source: Standard & Poor's DRI HCC, 4th reporting periods beginning October 1, Federal Register. QTR, 1999;@USSIM/TREND25YR1199 @CISSIM/TRENDLONG1199. 1994, through September 30, 1995, to Each year we calculate a revised the corresponding cost reporting period Released by HCFA, OACT, National labor-related share based on the relative beginning in FY 2001. According to Health Statistics Group section 1888(e)(3)(D) of the Act, the importance of labor-related cost Use of the Skilled Nursing Facility categories in the input price index. Market Basket Percentage: years through FY 1999 were inflated at Table 10.A below summarizes the Section 1888(e)(5)(B) of the Act a rate of market basket minus 1 updated labor-related share for FY 2001. defines the SNF market basket percentage point, while FY 2000 and FY percentage as the percentage change in 2001 are to be inflated at the full market TABLE 10.AÐFY 2001 LABOR- the SNF market basket index, described basket rate of increase. RELATED SHARE in the previous section, from the 1. We first determined the total midpoint of the prior FY (or period) to growth from the midpoint of each 12- FY 2000 FY 2001 the midpoint of the current FY (or other month cost reporting period that began during the period from October 1, 1994, Cost category relative relative period) involved. The facility-specific impor- impor- through September 30, 1995, to the tance tance portion and Federal portion of the SNF PPS rates addressed in this proposed midpoint of the corresponding period beginning in FY 2001. Wages and Salaries 56.647 56.744 rule are based on cost reporting periods Employee Benefits .... 12.321 12.405 beginning in the base year, Federal FY 2. From this total growth, we Nonmedical Profes- 1995. For the Federal rates, the determined the average annual growth sional Fees ...... 1.959 1.953 percentage increases in the SNF market rate for each time span. Labor-intensive Serv- basket index will be used to compute 3. We subtracted 1 percentage point ices ...... 3.738 3.733 the update factors occurring between from each average annual growth rate Capital-related ...... 2.880 2.828 the midpoint of FY 2000 and the through FY 1999. midpoint of FY 2001. We used the 4. These reduced average annual Total ...... 77.545 77.663 Standard & Poor’s DRI CC, 4th quarter growth rates were converted to 1999 historical and forecasted cumulative growth rates, using market The forecasted rates of growth used to percentage increases of the revised and basket minus one for the first four years, compute the projected SNF market rebased SNF market basket index for and with full market basket for the final basket percentages, described in the routine, ancillary, and capital-related two years. (For example, if the time next section, are shown in Table 10.B. expenses, described in the previous span were for 9 years, we would inflate section, to compute the update factors. at the market basket minus 1 percentage Finally, the update factors, as described point annual rate for 7 years and at below, will be used to adjust the base annual market basket rate for 2 year costs for computing the facility- additional years).

TABLE 10.CÐUPDATE FACTORS 1 FOR FACILITY-SPECIFIC PORTION OF THE SNF PPS RATESÐADJUST TO 12-MONTH COST REPORTING PERIODS BEGINNING ON OR AFTER OCTOBER 1, 2000 AND BEFORE OCTOBER 1, 2001 FROM COST REPORTING PERIODS BEGINNING IN FY 1995 (BASE YEAR)

Adjust from 12-month cost reporting period in base year that Using update If 12-month cost reporting period in initial period begins begins factor of

October 1, 2000 ...... October 1, 1994 ...... 1.13320 November 1, 2000 ...... November 1, 1994 ...... 1.13302 December 1, 2000 ...... December 1, 1994 ...... 1.13276 January 1, 2001 ...... January 1, 1995 ...... 1.13260 February 1, 2001 ...... February 1, 1995 ...... 1.13273 March 1, 2001 ...... March 1, 1995 ...... 1.13315 April 1, 2001 ...... April 1, 1995 ...... 1.13363 May 1, 2001 ...... May 1, 1995 ...... 1.13391 June 1, 2001 ...... June 1, 1995 ...... 1.13401 July 1, 2001 ...... July 1,1995 ...... 1.13411

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TABLE 10.CÐUPDATE FACTORS 1 FOR FACILITY-SPECIFIC PORTION OF THE SNF PPS RATESÐADJUST TO 12-MONTH COST REPORTING PERIODS BEGINNING ON OR AFTER OCTOBER 1, 2000 AND BEFORE OCTOBER 1, 2001 FROM COST REPORTING PERIODS BEGINNING IN FY 1995 (BASE YEAR)ÐContinued

Adjust from 12-month cost reporting period in base year that Using update If 12-month cost reporting period in initial period begins begins factor of

August 1, 2001 ...... August 1, 1995 ...... 1.13443 September 1, 2001 ...... September 1, 1995 ...... 1.13497 1 Source: Standard & Poor's DRI, 1st Qtr 2000; @USSIM/TREND25YR0299@CISSIM/CONTROL991

B. Federal Rate Update Factor V. Consolidated Billing 2000. The original statutory exclusions Section 4432(b) of the BBA sets forth enacted by the BBA consisted of a To update each facility’s costs up to number of broad service categories, and the common period, we: a consolidated billing requirement applicable to all SNFs providing encompassed all of the individual 1. Determined the total growth from Medicare services. SNF consolidated services that fall within those categories. the average market basket level for the billing is a comprehensive billing By contrast, the additional exclusions period of October 1, 1999 through requirement (similar to the one that has enacted in the BBRA apply only to September 30, 2000 to the average been in effect for inpatient hospital certain specified, individual services market basket level for the period of services for well over a decade), under within a number of broader service October 1, 2000 through September 30, which the SNF itself is responsible for categories that otherwise remain subject 2001. billing Medicare for virtually all of the to consolidated billing. Within the affected service categories—that is, 2. Calculated the rate of growth services that its beneficiaries receive. As chemotherapy items and their between the midpoints of the two with hospital bundling, the law contains administration, radioisotope services, periods. a list of services (primarily those of physicians and certain other types of and customized prosthetic devices—the 3. Calculated the annual average rate medical practitioners) that are excluded exclusion applies only to those of growth for number 2, above. from SNF consolidated billing and, individual services that are specifically 4. Subtracted 1 percentage point from thus, can be separately billed to Part B identified by HCPCS code in the this annual average rate of growth. directly by the outside entity that legislation itself, while all other services furnishes them to the Medicare within those broader categories remain 5. Using the annual average minus 1 beneficiary (see section 1888(e)(2)(A)(ii) subject to consolidated billing. See percentage point rate of growth, of the Act). Table 11, Post-BBA Consolidated Billing determined the cumulative growth Section 103(a)(2) of the BBRA added Exclusions. We have issued Program between the midpoints of the two section 1888(e)(2)(A)(iii) to the Act to Memorandum (PM) no. AB–00–18 periods specified above. provide for the exclusion of certain (March 2000), which lists the HCPCS This revised update factor was used to additional types of services from SNF codes of those particular services compute the Federal portion of the SNF consolidated billing, effective with identified by the BBRA as excluded PPS rate shown in Tables 1 and 2. services furnished on or after April 1, from consolidated billing.

TABLE 11.ÐPOST-BBA CONSOLIDATED BILLING EXCLUSIONS

Effective Exclusion Exclusion authority date Comments

Chemotherapy & Administration...... Section 103 of BBRA; section 4/1/2000 Only applies to those HCPCS codes 1888(e)(2)(A) (iii) (II) and (III) of the Act. specified in legislation; Excluded re- gardless of whether they are furnished in a hospital or nonhospital setting. Radioisotope Services...... Section 103 of BBRA; section 4/1/2000 Only applies to those HCPCS codes 1888(e)(2)(A) (iii) (IV) of the Act. specified in legislation; Excluded re- gardless of whether they are furnished in a hospital or nonhospital setting. Customized prosthetic devices...... Section 103 of BBRA; section 4/1/2000 Only applies to those HCPCS codes 1888(e)(2)(A) (iii) (V) of the Act. specified in legislation; Excluded re- gardless of whether they are furnished in a hospital or nonhospital setting. Ambulance Services furnished in conjunc- Section 103 of BBRA; section 4/1/2000 Subject to the medical necessity require- tion with Part B Dialysis services. 1888(e)(2)(A) (iii) (I) of the Act. ments that apply to ambulance serv- ices generally. Outpatient hospital services that HCFA § 411.15(p)(2)(x) and (p)(3)(iii), as pro- 7/1/1998 Excluded from consolidated billing only has identified (see Program Memo- mulgated in the SNF PPS Interim Final when furnished in the outpatient hos- randum A±98±;37, 11/1998) as being Rule (5/12/1998). pital setting. beyond the general scope of SNF care plans, along with associated ambu- lance services: • Cardiac catheterization; • CT scans; • Magnetic resonance imaging (MRIs);

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TABLE 11.ÐPOST-BBA CONSOLIDATED BILLING EXCLUSIONSÐContinued

Effective Exclusion Exclusion authority date Comments

• Ambulatory surgery involving the use of an operating room; • Emergency services; • Radiation therapy; • Angiography; • Venous and lymphatic procedures

The BBRA Conference report (H.R. excluded ambulance services (that is, corrections, section 321(g)(2) of the Conf. Rep. No. 106–479 at 854) those needed to transport a SNF BBRA, has revised the statute at section characterizes the individual services resident who receives Part B dialysis 1833(h)(5)(A)(iii) of the Act to make it that this legislation targets for exclusion services offsite at a certified dialysis clear that clinical diagnostic tests as ‘‘* * * high-cost, low probability facility) still remain subject to the furnished to a SNF resident are subject events that could have devastating overall medical necessity requirement to the consolidated billing requirement. financial impacts because their costs far that applies to ambulance services Finally, while we have implemented exceed the payment [SNFs] receive generally; that is, that ambulance consolidated billing in connection with under the prospective payment system coverage is available only in those services furnished to SNF residents * * *.’’ According to the conferees, situations where the use of other means during Medicare-covered stays, we have section 103(a) ‘‘is an attempt to exclude of transportation is medically not yet implemented so-called ‘‘Part B’’ from the PPS certain services and costly contraindicated. (H.R. Conf. Rep. No. consolidated billing, in connection with items that are provided infrequently in 106–479 at 854.) services furnished to SNF residents who SNFs * * *.’’ Some chemotherapy Further, we note that the statutory are in noncovered stays. As we drugs, which are relatively inexpensive exclusion of those ambulance services explained in the July 30, 1999 final rule, and are administered routinely in SNFs, that are furnished to SNF residents in the overriding need to accomplish were excluded from this provision [and conjunction with Part B dialysis systems renovations in time to achieve thus continue to be subject to services does not extend to ambulance Year 2000 (Y2K) compliance forced us consolidated billing requirements]. Id. services furnished to SNF residents in to delay certain other projects that Further, we note that the conjunction with any of the other types involved significant systems exceptionally costly and intensive of services that this section of the BBRA modifications of their own, including outpatient hospital services, such as identifies as excluded. For example, the implementation of this aspect of magnetic resonance imaging (MRIs) and when a SNF resident is temporarily consolidated billing. Now that the Y2K- cardiac catheterization, that we transported offsite via ambulance to related systems changes have been identified previously under the receive a type of chemotherapy that is completed, we have been able to resume regulations at § 411.15(p)(3)(iii) (see the excluded by the BBRA, the ambulance work on these other projects. In this preamble discussion in the May 12, services themselves remain subject to context, we have been reexamining 1998 interim final rule at 63 FR 26298– the SNF consolidated billing provision, some of the operational implications of 99, and in the July 30, 1999 final rule and are not separately billable to Part B. consolidated billing that are specific to at 64 FR 41675–76) are excluded from Section 103 of the BBRA also gives implementing the ‘‘Part B’’ aspect of this consolidated billing only when the Secretary the authority to designate provision. furnished in the outpatient hospital additional, individual services for For example, under regulations at setting. By contrast, as indicated in exclusion within each of the specified § 411.15(p)(3)(iv), if a beneficiary leaves Table 11, the services identified in service categories. The BBRA the SNF and then returns within 24 section 103 of the BBRA are excluded Conference report notes that ‘‘* * * hours of departure, his or her status as regardless of whether they are furnished [n]ew, extremely costly items may come an SNF ‘‘resident’’ (for consolidated in a hospital or nonhospital setting. into use or codes may change over billing purposes) continues during the In addition, section 103(a)(2) of the time’’, H.R. Conf. Rep. No. 106–479 at absence, regardless of whether the SNF BBRA excludes from consolidated 854 and the discretionary authority has effected a formal discharge. This billing those ambulance services that are provided in the BBRA affords the would make the SNF responsible for furnished to an SNF beneficiary in Secretary the flexibility to revise the billing Medicare for any services that a conjunction with dialysis services that exclusion list as warranted by changing beneficiary receives during a temporary are covered under Part B. We note that conditions that may occur in the future. absence of up to 24 hours, other than Part B dialysis services themselves are For example, we note that the BBRA’s those that are specifically excluded (see already excluded from consolidated conference agreement requests the GAO the preamble discussion in the SNF PPS billing (see regulations at 42 CFR to conduct a review, by July 1, 2000, of interim final rule (63 FR 26298 through 411.15(p)(2)(vii)), as are those the appropriateness of the codes that 26299, May 12, 1998)). Since ambulance services that are furnished to this legislation has designated for consolidated billing is currently in a beneficiary who is not considered an exclusion from consolidated billing. We effect only for those SNF stays that are SNF ‘‘resident’’ for consolidated billing will carefully consider the GAO’s covered by Part A and paid by the PPS, purposes (see § 411.15(p)(2)(x))—for findings to determine whether further this essentially means that such a example, a beneficiary who receives one refinements in the exclusion list are beneficiary remains a SNF ‘‘resident’’ of the excluded outpatient hospital warranted. after leaving the SNF only if he or she services under § 411.15(p)(3)(iii). The Also, we note that the BBRA made a then returns to the SNF by midnight, BBRA Conference Committee report number of technical corrections in the thus making the day of departure a further indicates that the newly provisions of the BBA. One of these covered Part A day. However, once

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules 19233 consolidated billing is fully (emphasis added)). Thus, under this VIII. Response to Comments implemented, this will effectively policy, a patient ‘‘day’’ begins at 12:01 Because of the large number of items convert the policy regarding services A.M., and midnight of a particular day of correspondence we normally receive furnished during a beneficiary’s occurs at the very end of that day rather on Federal Register documents temporary absence from the current than at the very beginning. For example, published for comment, we are not able ‘‘midnight rule’’ to the full ‘‘24 hour under the ‘‘midnight rule,’’ if a to acknowledge or respond to them rule’’ described in the regulations. beneficiary begins a leave of absence individually. We will consider all As explained in the SNF PPS interim from the SNF at 10:00 A.M. on July 1 comments we receive by the date and final rule, we initially established a 24- but subsequently returns to the SNF by time specified in the DATES section of hour window in the regulations in order 12:00 A.M. that night, the beneficiary to prevent a SNF from being able to this preamble, and, if we proceed with would continue to be considered a a subsequent document, we will unbundle a particular service merely by ‘‘resident’’ of the SNF, for consolidated sending a beneficiary offsite briefly to respond to the comments in the billing purposes, during his or her preamble to that document. receive the service as an outpatient of a absence. By contrast, if the beneficiary hospital or clinic. However, we note does not return to the SNF until 1:00 IX. Regulatory Impact Analysis that SNFs basically have a financial A.M. on the morning of July 2, his or her We have examined the impacts of this incentive to unbundle such services ‘‘resident’’ status, for consolidated rule as required by Executive Order (EO) only in connection with a resident billing purposes, would end as of 10:00 12866, the Unfunded Mandates Reform whose stay is covered under Part A, A.M. on July 1, and would not resume Act (UMRA) (Pub. L. 104–4), the since unbundling the service would until the actual point of readmission to Regulatory Flexibility Act (RFA) (Pub. mean that it could be paid separately the SNF (that is, as of 1:00 A.M. on July L. 96–354), and the Federalism under Part B, rather than out of the 2). Executive Order (EO) 13132. global per diem amount that Part A pays Executive Order 12866 directs the SNF for the covered stay itself. By VI. Provisions of the Proposed Rule agencies to assess costs and benefits of contrast, a resident who is in a The provisions of this proposed rule noncovered stay does not qualify for available regulatory alternatives and, are as follows: when regulation is necessary, to select comprehensive coverage of the entire • In § 411.15, paragraph (p)(2)(vii) regulatory approaches that maximize institutional package of care under Part would be revised to exclude from A, but only for Part B coverage of the net benefits (including potential consolidated billing those ambulance economic, environmental, public health individual medical and other health services that are furnished to an SNF services specified in section 1861(s) of and safety effects, distributive impacts, resident in conjunction with dialysis and equity). A regulatory impact the Act. This means that when a SNF services that are covered under Part B. resident is in a noncovered stay, Part B analysis (RIA) must be prepared for • In § 411.15, paragraph (p)(2) would major rules with economically would pay individually for each also be revised to list the additional covered medical or other health service significant effects ($100 million or more services that the BBRA has excluded furnished to that resident, regardless of annually). This notice is a major rule as from consolidated billing. whether the SNF or an outside supplier defined in Title 5, United States Code, • In § 411.15, paragraph (p)(3)(iv), the submits the bill. section 804(2), because we estimate its Thus, as the financial incentives for phrase ‘‘within 24 consecutive hours’’ impact will be to increase the payments unbundling are associated with covered would be revised to read ‘‘by midnight to SNFs by approximately $900 million stays, we believe that it may be of the day of departure’’. in FY 2001. The update set forth in this • appropriate to have a standard with In § 489.20, paragraph (s) would be notice applies to payments in FY 2001. regard to SNF ‘‘resident’’ status that, in revised to list the additional services Accordingly, the analysis that follows actual practice, is not more stringent for that BBRA has excluded from describes the impact of this one year noncovered stays. We could revise the consolidated billing, and a conforming only. In accordance with the regulations at § 411.15(p)(3)(iv) to change would be made in § 489.21(h). requirements of the Act, we will publish provide for continuing a beneficiary’s • In § 489.20, paragraph (s)(7) would a notice for each subsequent FY that ‘‘resident’’ status during a temporary be revised to exclude from consolidated will provide for an update to the absence only if he or she returns by billing those ambulance services that are payment rates and include an associated midnight of the day of departure. This furnished to an SNF resident in impact analysis. would, in effect, utilize the same conjunction with dialysis services that The UMRA also requires (in section standard that currently applies to are covered under Part B. 202) that agencies prepare an covered stays for noncovered stays as • Section 489.20(s)(11) and assessment of anticipated costs and well, and we invite comments on the § 411.15(p)(2)(xi), would be revised to benefits before developing any rule that appropriateness of such a revision. reflect editorial revisions in the may result in an annual expenditure by As a point of clarification, we note paragraphs concerning the State, local, or tribal governments, in the that the phrase ‘‘midnight of the day of transportation costs of aggregate, or by the private sector, of departure’’ refers to the midnight that electrocardiogram equipment. $100 million or more in any given year. immediately follows the actual moment This rule will have no consequential VII. Collection of Information of departure, rather than to the midnight effect on State, local, or tribal Requirements that immediately precedes it (see, for governments. We believe the private example, the discussion of a ‘‘leave of This document does not impose sector cost of this rule falls below these absence’’ in section 3103.3 of the information collection and thresholds as well. Medicare Intermediary Manual, Part 3 recordkeeping requirements. Executive Order 13132 (effective (HCFA Pub. 13–3), which indicates that Consequently, it need not be reviewed November 2, 1999), establishes certain the day a patient returns to the hospital by the Office of Management and requirements that an agency must meet from a leave of absence ‘‘* * * is Budget under the authority of the when it promulgates regulations that counted as an inpatient day if he is Paperwork Reduction Act of 1995 (44 impose substantial direct compliance present at midnight of that day’’ U.S.C. 3501 et.seq.). costs on State and local governments,

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 19234 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules preempts State law, or otherwise have projected effects of the policy changes national data reflecting the distribution Federalism implications. As stated in the SNF PPS update notice, as well of payments and service days under the above, this rule will have no as statutory changes effective for FY new RUG–III classification model can be consequential effect on State and local 2001, on various SNF categories. We assembled before promulgation of the governments. estimate the effects of each policy final rule associated with this update. The RFA requires agencies to analyze change by estimating payments while While the refinement to the case-mix options for regulatory relief of small holding all other payment variables classification system results in no entities. For purposes of the RFA, small constant. We use the best data available, greater or lesser aggregate payments to entities include small businesses, but we do not attempt to predict SNFs under the Medicare SNF PPS, we nonprofit organizations, and behavioral responses to our policy believe it is important to estimate the governmental agencies. Most SNFs and changes, and we do not make potential distributional impact of most other providers and suppliers are adjustments for future changes in such incorporating the refined RUG–III case- small entities, either by virtue of their variables as days or case-mix. mix groups and indices. Consequently, nonprofit status or by having revenues This analysis incorporates the latest for the final rule implementing the FY of $5 million or less annually. For estimates of growth in service use and 2001 SNF PPS rates, we anticipate using purposes of the RFA, all States and payments under the Medicare SNF such a national data base of SNF PPS tribal governments are not considered to benefit based on Medicare claims from claims and MDS 2.0 data to estimate be small entities, nor are intermediaries 1998. Some of the data used for this more accurately the impact of this or carriers. Individuals and States are analysis are the same data used to update, including the distributional not included in the definition of a small develop the impact analysis associated effect of the case-mix refinements on entity. The policies contained in this with the SNF PPS update notice payments for different facility types and rule would update the SNF PPS rates by promulgated on July 30, 1999 (64 FR locations. However, based on the data increasing the payment rates published 41684). These data were used to currently available, we believe that the in the July 30, 1999 notice, but will not estimate the effects of changing only one method we have used to develop the have a significant effect upon small payment variable at a time. We have impact analysis for this proposed rule entities. also utilized MDS 2.0 data from the offers the most accurate estimate of the In addition, section 1102(b) of the Act States used for the RUG–III refinement FY 2001 update to the SNF PPS. requires us to prepare a regulatory research (described in section 2.B For this proposed rule, we have impact analysis if a rule may have a earlier) to illustrate the effect of case attempted to convey a sense of the effect significant impact on the operations of mix refinements on the classification of of the case-mix refinements on the a substantial number of small rural the patient population in the study classification of residents in SNFs. hospitals. This analysis must conform to States. In addition, we are unable at this Below, we have prepared Table 12 the provisions of section 604 of the time to demonstrate the distributional which displays the distribution of RFA. For purposes of section 1102(b) of impact of these case mix refinements on patients in the six-state sample used to the Act, we define a small rural hospital facility payments but anticipate doing develop the case-mix refinements, as as a hospital that is located outside of so in the final rule planned for later this shown for both the existing RUG–III a Metropolitan Statistical Area and has year. groups and for the refined model fewer than 50 beds. We are not We have used the best avaliable data proposed in this rule. This table details preparing a rural impact statement since on SNF case mix in calculating the FY a comparison of the distribution of an we have determined, and the Secretary 2001 impact for this proposed rule; identical group of Medicare patients certifies, that this notice will not have however, we note that the data currently across both the existing and proposed a significant economic impact on the available on Medicare SNF claims and RUG–III classification models. In operations of a substantial number of MDS 2.0 do not reflect the refined case addition, Table 6, in Technical small rural hospitals. mix classification system and case-mix Appendix A accompanying this rule, indices proposed in this rule. While we illustrates a comparison of the A. Background still have only a partial database of SNF distribution of this same group of This notice sets forth proposed PPS claims and MDS 2.0 data at the patients across the existing RUG–III updates of the SNF PPS rates contained present time due to the phased-in system and the alternate ancillary index in the update notice, published on July manner in which SNFs came into the refinement approach (WIM2) discussed 30, 1999. Table 13 below, presents the PPS, we are confident that sufficient earlier in this proposed rule.

TABLE 12.ÐDISTRIBUTIONAL SHIFTS OF BENEFICIARIES BETWEEN EXISTING RUG±III±MODEL AND THE REFINED MODEL PROPOSED IN THIS RULE

Refined RUG± RUG III category Existing RUG± Refined RUG III III III category (UWIM)

RUC+SE ...... JA5 14 RUC+SE ...... JA4 91 RUC+SE ...... JA3 78 RUC+SE ...... JA2 0 RUB+SE ...... JB5 9 RUB+SE ...... JB4 82 RUB+SE ...... JB3 190 RUB+SE ...... JB2 0 RUA+SE ...... JC5 0 RUA+SE ...... JC4 4 RUA+SE ...... JC3 23 RUA+SE ...... JC2 0

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TABLE 12.ÐDISTRIBUTIONAL SHIFTS OF BENEFICIARIES BETWEEN EXISTING RUG±III±MODEL AND THE REFINED MODEL PROPOSED IN THIS RULEÐContinued

Refined RUG± RUG III category Existing RUG± Refined RUG III III III category (UWIM)

RVC+SE ...... KA5 5 RVC+SE ...... KA4 80 RVC+SE ...... KA3 75 RVC+SE ...... KA2 0 RVB+SE ...... KB5 2 RVB+SE ...... KB4 77 RVB+SE ...... KB3 169 RVB+SE ...... KB2 0 RVA+SE ...... KC5 0 RVA+SE ...... KC4 13 RVA+SE ...... KC3 18 RVA+SE ...... KC2 0 RHC+SE ...... LA5 12 RHC+SE ...... LA4 89 RHC+SE ...... LA3 143 RHC+SE ...... LA2 0 RHB+SE ...... LB5 1 RHB+SE ...... LB4 37 RHB+SE ...... LB3 91 RHB+SE ...... LB2 0 RHA+SE ...... LC5 0 RHA+SE ...... LC4 0 RHA+SE ...... LC3 1 RHA+SE ...... LC2 0 RMC+SE ...... MA5 40 RMC+SE ...... MA4 333 RMC+SE ...... MA3 376 RMC+SE ...... MA2 0 RMB+SE ...... MB5 5 RMB+SE ...... MB4 183 RMB+SE ...... MB3 563 RMB+SE ...... MB2 2 RMA+SE ...... MC5 0 RMA+SE ...... MC4 1 RMA+SE ...... MC3 15 RMA+SE ...... MC2 0 RLB+SE ...... NA5 0 RLB+SE ...... NA4 12 RLB+SE ...... NA3 28 RLB+SE ...... NA2 0 RLA+SE ...... NB5 0 RLA+SE ...... NB4 4 RLA+SE ...... NB3 31 RLA+SE ...... NB2 0 RUC ...... 971 UA5 1 RUC ...... UA4 63 RUC ...... UA3 424 RUC ...... UA2 300 RUB ...... 3072 UB5 1 RUB ...... UB4 106 RUB ...... UB3 1100 RUB ...... UB2 1584 RUA ...... 1222 UC5 0 RUA ...... UC4 30 RUA ...... UC3 349 RUA ...... UC2 816 RVC ...... 853 VA5 1 RVC ...... VA4 53 RVC ...... VA3 350 RVC ...... VA2 289 RVB ...... 2812 VB5 0 RVB ...... VB4 81 RVB ...... VB3 1091 RVB ...... VB2 1392 RVA ...... 1383 VC5 0

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TABLE 12.ÐDISTRIBUTIONAL SHIFTS OF BENEFICIARIES BETWEEN EXISTING RUG±III±MODEL AND THE REFINED MODEL PROPOSED IN THIS RULEÐContinued

Refined RUG± RUG III category Existing RUG± Refined RUG III III III category (UWIM)

RVA ...... VC4 41 RVA ...... VC3 471 RVA ...... VC2 840 RHC ...... 1808 WA5 0 RHC ...... WA4 75 RHC ...... WA3 721 RHC ...... WA2 768 RHB ...... 1795 WB5 0 RHB ...... WB4 38 RHB ...... WB3 601 RHB ...... WB2 1027 RHA ...... 900 WC5 0 RHA ...... WC4 23 RHA ...... WC3 309 RHA ...... WC2 567 RMC ...... 3834 XX5 0 RMC ...... XA4 205 RMC ...... XA3 1601 RMC ...... XA2 1279 RMB ...... 7142 XB5 0 RMB ...... XB4 160 RMB ...... XB3 2487 RMB ...... XB2 3742 RMA ...... 2426 XC5 0 RMA ...... XC4 68 RMA ...... XC3 801 RMA ...... XC2 1541 RLB ...... 404 YA5 0 RLB ...... YA4 18 RLB ...... YA3 182 RLB ...... YA2 164 RLA ...... 703 YB5 0 RLA ...... YB4 19 RLA ...... YB3 249 RLA ...... YB2 400 SE3 ...... 2059 EA5 106 SE3 ...... EA4 1021 SE3 ...... EA3 932 SE3 ...... EA2 0 SE2 ...... 2944 EB5 65 SE2 ...... EB4 913 SE2 ...... EB3 1934 SE2 ...... EB2 32 SE1 ...... 272 EC5 0 SE1 ...... EC4 33 SE1 ...... EC3 227 SE1 ...... EC2 12 SSC ...... 3129 SA5 2 SSC ...... SA4 391 SSC ...... SA3 1907 SSC ...... SA2 829 SSB ...... 3598 SB5 0 SSB ...... SB4 370 SSB ...... SB3 2168 SSB ...... SB2 1060 SSA ...... 6251 SC5 0 SSA ...... SC4 424 SSA ...... SC3 3688 SSA ...... SC2 2139 CC2 ...... 58 CA5 0 CC2 ...... CA4 1 CC2 ...... CA3 28 CC2 ...... CA2 29 CC1 ...... 309 CB5 0 CC1 ...... CB4 18

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TABLE 12.ÐDISTRIBUTIONAL SHIFTS OF BENEFICIARIES BETWEEN EXISTING RUG±III±MODEL AND THE REFINED MODEL PROPOSED IN THIS RULEÐContinued

Refined RUG± RUG III category Existing RUG± Refined RUG III III III category (UWIM)

CC1 ...... CB3 171 CC1 ...... CB2 120 CB2 ...... 262 CC5 0 CB2 ...... CC4 9 CB2 ...... CC3 104 CB2 ...... CC2 149 CB1 ...... 1423 CD5 0 CB1 ...... CD4 36 CB1 ...... CD3 619 CB1 ...... CD2 768 CA2 ...... 802 CE5 0 CA2 ...... CE4 18 CA2 ...... CE3 319 CA2 ...... CE2 465 CA1 ...... 4977 CF5 0 CA1 ...... CF4 107 CA1 ...... CF3 2075 CA1 ...... CF2 2795 IB2 ...... 60 IA1 60 IB1 ...... 565 IB1 565 IA2 ...... 12 IC1 12 IA1 ...... 379 ID1 379 BB2 ...... 1 BA1 1 BB1 ...... 52 BB1 52 BA2 ...... 2 BC1 2 BA1 ...... 71 BD1 71 PE2 ...... 41 PA1 41 PE1 ...... 401 PB1 401 PD2 ...... 119 PC1 119 PD1 ...... 1184 PD1 1184 PC2 ...... 33 PE1 33 PC1 ...... 342 PF1 342 PB2 ...... 39 PG1 39 PB1 ...... 602 PH1 602 PA2 ...... 40 PI1 40 PA1 ...... 1185 PJ1 1185

We note that certain events may B. Impact of This Proposed Rule changes in addition to the effect of the update to the rates. combine to limit the scope or accuracy As stated previously in this preamble, As seen in table 13 below, some of of our impact analysis, because such an the aggregate increase in payments analysis is future-oriented and, thus, these areas result in increased aggregate associated with this update is estimated payments and others tend to lower very susceptible to forecasting errors to be $900 million. There are three areas due to other changes in the forecasted them. The breakdown of the various of change that produce this increase for categories of data in the table are as impact time period. Some examples of facilities— such possible events are newly follows: 1. The effect of the Federal transition, In column one, the first row of the legislated general Medicare program that results in many facilities being paid table includes the effects on all funding changes by the Congress, or 75 percent at the Federal rate and 25 facilities. The next six rows show the changes specifically related to SNFs. In percent at the facility-specific rate effects on facilities split by hospital- addition, changes to the Medicare instead of the current 50 percent Federal based versus freestanding and urban program may continue to be made as a rate and 50 percent facility-specific rate. versus rural. The rest of the table shows result of the BBA. Although these There is also the additional effect of the the effects on urban versus rural status changes may not be specific to SNF PPS, BBRA option to bypass the transition by census region. due to the nature of the Medicare and be paid according to 100 percent of The second column in the table shows program the changes may interact, and the Federal rate; the number of facilities in the impact the complexity of the interaction of 2. The implementation of various database. The third column shows the these changes could make it very other provisions in the BBRA; and, effect of the transition to the Federal difficult to predict accurately the full 3. The total change in payments from rates. It includes the impact of the scope of the impact upon SNFs. FY 2000 levels to FY 2001 levels. This normal progression of facilities in the includes all of the previously noted transition to new cost reporting periods

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 19238 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules and, therefore, blended payment The fourth column shows the will increase by 2.0 percent in total if amounts (that is, facility-specific versus projected effect of the 4 percent add-on there are no behavioral changes by the Federal rates) as well as those facilities to the adjusted Federal rate mandated facilities. As can be seen from this table, that, as a result of the BBRA, elect to by the BBRA. As expected, this the effects of the update itself do not bypass the transition and go provision results in an increase in vary significantly by specific types of immediately to the full Federal rate). payments for all facilities. However, as providers or by location. This change has an overall effect of seen in the table, the varying effect of The sixth column of the table shows raising payments by .3 percent, with the SNF PPS transition results in a the effect of all of the changes on the FY most of the increase coming from distributional impact of this provision. 2001 payments. This includes all of the freestanding facilities. There are several In addition, since this increase only previous changes, including the update regions that have decreased payments applies to the Federal portion of the to this year’s payment rates by the due to this provision, but the majority payment rate, the effect on total market basket. Therefore, it is assumed (and most populous) of the regions expenditures is less than 4 percent. that payments will increase by 5.8 evidence higher payments, with the The fifth column of the table shows percent in total, assuming facilities do largest increase being in the New the effect of the update to the Federal not change their care delivery and and facility-specific payment rates. It billing practices in response. As can be England and mid-Atlantic regions for reflects an update to the Federal rates of seen from this table, the combined both urban and rural facilities. 1.833 percent, which is equivalent to effects of all of the changes vary much We estimate that approximately 51 the market basket increase minus 1 more widely by specific types of percent of SNFs currently under the percentage point, as required by law. In providers and by location. For example, transition will elect to be paid based on addition, it reflects an update to the freestanding facilities enjoy more 100 percent of the Federal rate. Of these facility-specific rates of 2.833 percent, significant payment increases due to the facilities, we estimate 22 percent are which is equivalent to the full market policy changes, while the effects of the hospital-based and 78 percent are basket increase for this period. For this transition tend to diminish the increase freestanding. analysis, it is assumed that payments for hospital-based providers.

TABLE 13.ÐPROJECTED IMPACT OF FY 2001 UPDATE TO THE SNF PPS

Total FY Number of Transition to Add on to Update 2001 facilities federal rates federal rates change change (percent) (percent) (percent) (percent)

Total ...... 9037 0.3 3.4 2.0 5.8 Urban ...... 6300 0.0 3.4 2.0 5.5 Rural ...... 2737 1.4 3.5 1.9 6.9 Hospital based urban ...... 683 ¥6.1 2.9 2.1 ¥1.3 Freestanding urban ...... 5617 1.2 3.5 2.0 6.8 Hospital based rural ...... 533 ¥3.2 3.2 2.0 1.9 Freestanding rural ...... 2204 2.5 3.6 1.9 5.8 Urban by region: New England ...... 630 6.1 3.8 1.9 12.2 Middle Atlantic ...... 877 5.1 3.7 1.9 11.1 South Atlantic ...... 959 ¥2.0 3.2 2.0 3.2 East North Central ...... 1232 1.5 3.5 1.9 7.0 East South Central ...... 212 ¥1.3 3.3 2.0 4.0 West North Central ...... 469 0.3 3.4 2.0 5.8 West South Central ...... 519 ¥6.8 2.9 2.1 ¥2.1 Mountain ...... 303 ¥4.6 3.0 2.1 0.3 Pacific ...... 1070 ¥2.5 3.2 2.0 2.6 Rural by region: New England ...... 88 6.0 3.9 1.9 12.2 Middle Atlantic ...... 144 4.0 3.7 1.9 9.9 South Atlantic ...... 373 0.6 3.5 2.0 6.2 East North Central ...... 561 2.6 3.6 1.9 8.3 East South Central ...... 255 ¥0.4 3.4 2.0 5.0 West North Central ...... 581 3.9 3.6 1.9 9.7 West South Central ...... 354 ¥3.2 3.2 2.0 1.9 Mountain ...... 204 0.2 3.4 2.0 5.7 Pacific ...... 151 1.7 3.6 1.9 7.4 Notes: 1. The effects of the various changes are not additive. 2. The percent differences illustrated in this table are measured against the policies and payment rates in effect for FY 2000 as described in the SNF PPS Notice published on July 30, 1999 (64 FR 42684). 3. This table reflects Federal payment rates based on the case-mix methodology and wage index used for FY 2000. As explained in the text, the FY 2001 wage index and national case-mix data based on the refined RUG±III model are not currently available, but will be for the final rule.

In the final rule implementing the as well as the latest available data on showing the projected distributional SNF PPS update for FY 2001, we will estimates of program growth in services effect of the refined case-mix revise the estimates listed in Table 13 to and expenditures. Table 13 will also classification system based on actual reflect the final FY 2001 payment rates incorporate two additional columns MDS 2.0 data and updated wage index

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules 19239 across the various facility types and account more precisely for the variation B. Revising paragraphs (p)(2)(vii) and locations, as discussed earlier. We will in non-therapy ancillary services. The (p)(2)(xi). also indicate the impact of the reduction refinements will achieve important C. Adding new paragraphs (p)(2)(xii), in the Federal rates to account for the improvements in the PPS and allow for (p)(2)(xiii), (p)(2)(xiv), and (p)(2)(xv). new services excluded from more accurate payment rates, thus D. Revising paragraph (p)(3)(iv). consolidated billing under section 103 meeting our responsibility to provide for § 411.15 Particular services excluded from of the BBRA. equitable payments to providers while coverage. As discussed earlier in this rule, ensuring access to quality SNF care for The following services are excluded Section 101 of the BBRA provides for a Medicare beneficiaries. In evaluating the from coverage. 20 percent positive adjustment to the different options, it is important to adjusted Federal rates associated with analyze the overall impact of * * * * * 15 RUG–III groups for the period of implementing a refined case-mix (p) Services furnished to SNF April 1, 2000 through October 1, 2000. system. Adoption of any of these residents. *** In addition, it provides for a four refinements will increase the (2) Exceptions. The following services percent positive adjustment to the complexity of the PPS and may are not excluded from coverage: Federal rates associated with all RUG– introduce some initial uncertainty for * * * * * III categories for FY 2001 and FY 2002, providers, who would have to become (vii) Dialysis services and supplies, as regardless of whether refinements to the familiar with the refined system and defined in section 1861(s)(2)(F) of the case-mix adjustment are implemented. modify existing operational and support Act, and those ambulance services that However, were we not to implement systems. As discussed in section II.B of are furnished in conjunction with them. case-mix refinements such as those this proposed rule, we propose adoption * * * * * proposed in this rule for FY 2001, the of the UWIM model because we believe (xi) The transportation costs of Federal rates for this period would be it best represents an appropriate balance electrocardiogram equipment (HCPCS based on the existing RUG–III model between improvements in the accuracy code R0076), but only with respect to currently in use and maintain the 20 of our payments and the complexity and those electrocardiogram test services percent adjustments to the 15 specified uncertainty which results from changes furnished during 1998. RUG–III groups. As indicated in Table of this nature. (xii) Those chemotherapy items 13, the effect of this proposed rule will Finally, in accordance with the identified, as of July 1, 1999, by HCPCS be an increase in expenditures of 900 provisions of Executive Order 12866, codes J9000–J9020; J9040–J9151; J9170– million dollars (or +5.8 percent) over this notice was reviewed by the Office J9185; J9200–J9201; J9206–J9208; J9211; the payment rates and policies as of Management and Budget. J9230–J9245; and J9265–J9600. described in the SNF PPS Notice (xiii) Those chemotherapy published on July 30, 1999 (64 FR X. Federalism administration services identified, as of 41684). However, were we not to We have reviewed this final rule July 1, 1999, by HCPCS codes 36260– implement case-mix refinements, the under the threshold criteria of Executive 36262; 36489; 36530–36535; 36640; effect of this BBRA provision would be Order 13132, Federalism, and we have 36823; and 96405–96542. a larger increase in expenditures determined that it does not significantly (xiv) Those radioisotope services equaling 1.9 billion dollars (or +12.5 affect the rights, roles, and identified, as of July 1, 1999, by HCPCS percent). At the present time, we are responsibilities of States. codes 79030–79440. unable to illustrate the distributional (xv) Those customized prosthetic impact of maintaining this 20 percent List of Subjects devices (including artificial limbs and add-on, but will attempt to develop the 42 CFR Part 411 their components) identified, as of July data to allow us to do so for the final 1, 1999, by HCPCS codes L5050–L5340; rule associated with the FY 2001 Kidney diseases, Medicare, Reporting L5500–L5611; L5613–L5986; L5988; update. It is important to note that such and recordkeeping requirements. L6050–L6370; L6400–6880; L6920– a result would also have negative 42 CFR Part 489 L7274; and L7362–L7366, which are consequences for the beneficiary. delivered for a resident’s use during a Section 101 of the BBRA provides the Health facilities, Medicare, Reporting stay in the SNF and intended to be used 20 percent add-on for certain RUG–III and recordkeeping requirements. by the resident after discharge from the rehabilitation groups, resulting in higher For the reasons set forth in the SNF. payments for such groups even though preamble, 42 CFR chapter IV would be (3) SNF resident defined. *** they are associated with a lower amended as follows: (iv) The beneficiary is formally intensity of service than other PART 411ÐEXCLUSIONS FROM discharged (or otherwise departs) from rehabilitation groups. This results in a the SNF, unless the beneficiary is perverse incentive where some facilities MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT readmitted (or returns) to that or another may choose to provide less SNF by midnight of the day of rehabilitation services to beneficiaries in A. Part 411 is amended as set forth departure. order to receive the higher payments. below: * * * * * Because this provision of the law takes 1. The authority citation for part 411 effect on April 1, 2000, it may already continues to read as follows: PART 489ÐPROVIDER AGREEMENTS be resulting in a reduction of needed AND SUPPLIER APPROVAL services. Adoption of the refinements Authority: Secs. 1102 and 1871 of the proposed in this rule would eliminate Social Security Act (42 U.S.C. 1302 and B. Part 489 is amended to read as 1395hh). this perverse incentive. follows: As noted previously, we are Subpart AÐGeneral Exclusions and 1. The authority citation for part 489 proposing the addition of new RUG–III Exclusion of Particular Services continues to read as follows: categories to recognize the needs of Authority: Secs. 1102 and 1871 of the Medicare beneficiaries with both heavy 2. Section 411.15 is amended by: Social Security Act (42 U.S.C. 1302 and medical and rehabilitation needs and to A. Republishing the introductory text. 1395hh).

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Subpart BÐEssentials of Provider Dated: March 20, 2000. facility level, and these facilities were Agreements Nancy-Ann Min DeParle, excluded. This step resulted in the exclusion Administrator, Health Care Financing of 10,915 MDS assessments. Administration. 4. Exclude all beneficiaries with per diem 2. Section 489.20 is amended by: ancillary charges greater than $1,000. Two A. Republishing the introductory text Approved: March 27, 2000. hundred fifty-three (253) observations with and paragraph (s) introductory text. Donna E. Shalala, per diem total ancillary charges greater than Secretary. $1,000 were excluded from the refinement B. Revising paragraphs (s)(7) and analyses. Summary measures of statistical (s)(11). Note: The following appendix will not performance such as R-squared are typically appear in the Code of Federal Regulations. C. Adding new paragraphs (s)(12), sensitive to outliers, and these extreme (s)(13), (s)(14), and (s)(15). values were judged unlikely to be accurate. Technical Appendix A—Technical In addition, such values have § 489.20 Basic commitments. Features of the RUG–III Refinements disproportionate leverage in the design of Analyses potential refinements. The exclusion of The provider agrees to the following: extreme outliers in refinement analyses does The purpose of the research discussed in * * * * * not mean that their costs cannot be this proposed rule is to develop potential considered when determining payment rates. (s) In the case of an SNF, either to refinements to the PPS that would better The resulting analytic sample included furnish directly or make arrangements ensure accurate and equitable payment. An 103,603 assessments, which were assigned analytic (or research) data base consisting of randomly to either the test or validation (as defined in § 409.3 of this chapter) for linked MDS assessments and Medicare all Medicare-covered services furnished samples. We assigned approximately 60 claims data was developed, and used to percent of this sample—61,929 to a resident (as defined in perform the analyses described in this assessments—to the test sample which was § 411.15(p)(3) of this chapter) of the proposed rule. used to develop and test potential SNF, except the following: A. Creation of Analytic Sample refinements. The remaining 41,674 * * * * * In creating the analytic sample used to assessments comprised the validation sample. (7) Dialysis services and supplies, as develop and test potential refinements, we defined in section 1861(s)(2)(F) of the were guided by the desire to have a large, B. Characteristics of the Sample representative sample and the need to Table 1 shows the sociodemographic Act, and those ambulance services that exclude assessments likely to contain characteristics of the sample stratified by an are furnished in conjunction with them. reporting errors. Our original sample aggregate of the RUG–III categories. The included 733,300 MDS assessments from * * * * * majority of beneficiaries were female (65 seven States, representing the years 1995 percent), with little variation in the (11) The transportation costs of through 1997. We then reduced this sample proportion across the RUG–III categories. electrocardiogram equipment (HCPCS through implementation of the following Beneficiaries classified in the Behavior code R0076), but only with respect to exclusion criteria: 1. Exclude all assessments from New York. category were less likely to be male (37 those electrocardiogram test services percent) and those in the Physical Function furnished during 1998. All assessments from New York were excluded from analyses that used Medicare categories were the least likely to be male (30 (12) Those chemotherapy items claims data because many facilities in the percent). The majority of beneficiaries were identified, as of July 1, 1999, by HCPCS State billed SNF stays using an all-inclusive white, of non-Hispanic origin (84 percent). rate. Because these facilities did not use the Approximately nine percent of beneficiaries codes J9000–J9020; J9040–J9151; J9170– were black and 2 percent were Hispanic. J9185; J9200–J9201; J9206–J9208; J9211; revenue codes that we used to measure prescription drug, respiratory therapy or Overall, nearly one quarter of the J9230–J9245; and J9265–J9600. other non-therapy ancillary charges, beneficiaries were severely cognitively (13) Those chemotherapy measured ancillary charges for most New impaired. Among beneficiaries classified in a York beneficiaries were zero in some or all Rehabilitation category, 35 percent were administration services identified, as of moderately impaired and 14 percent were July 1, 1999, by HCPCS codes 36260– of the revenue codes analyzed for this study. The exclusion of New York results in the severely cognitively impaired. The 36262; 36489; 36530–36535; 36640; removal of 525,215 of the 733,300 total MDS distribution of cognitive impairment among 36823; and 96405–96542. assessments from our analytic sample. those classified as Reduced Physical (14) Those radioisotope services 2. Exclude all assessments for which a Function was similar to that of the Rehabilitation category. Beneficiaries identified, as of July 1, 1999, by HCPCS cost-to-charge ratio could not be calculated. Medicare cost report data were used to classified as Extensive Services or Special codes 79030–79440. calculate the facility-specific ratio of Total Care also had a similar distribution of (15) Those customized prosthetic Part A allowed cost to total Part A charges cognitive impairment level. Approximately devices (including artificial limbs and for each facility in each year. Facilities one third of each were moderately impaired. Thirty-nine percent of beneficiaries were their components) identified, as of July missing Medicare cost reports for at least two years between 1995 and 1997 were excluded classified as dependent in activities of daily 1, 1999, by HCPCS codes L5050–L5340; because we were not able to calculate cost- living and only 7 percent with no limitations. L5500–L5611; L5613–L5986; L5988; to-charge ratios for the facility. This resulted Beneficiaries in the Behavior category were L6050–L6370; L6400–6880; L6920– in the exclusion of 93,314 additional most likely to have only minimal limitations L7274; and L7362–L7366, which are assessments. in physical functioning (28 percent). delivered for a resident’s use during a 3. Exclude all facilities for which the Beneficiaries classified in the Clinically stay in the SNF and intended to be used correlation between a measure of drug costs Complex (14 percent), Cognitively Impaired calculated from Section U and one calculated (13 percent), or Physical Function (14 by the resident after discharge from the from Medicare claims data was less than percent) categories were also more likely to SNF. zero. We used drug charge data derived from have minimal limitations relative to the other (Catalog of Federal Domestic Assistance Medicare claims in the refinement analyses, RUG–III categories. Beneficiaries in the Extensive Services (58 percent) and Special Program No. 93.773, Medicare—Hospital but used the Section U data to identify facilities with unreliable drug cost data. For Care (56 percent) categories were most likely Insurance Program; and No. 93.774, facilities that have a negative correlation to be classified as dependent in activities of Medicare—Supplementary Medical between the two drug cost measures, there is daily living. Insurance Program) a concern about inaccurate reporting on The active clinical diagnoses documented either claims or MDS assessments at the for beneficiaries in the sample are shown

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Among these RUG–III of beneficiaries had congestive heart failure these conditions relative to the Impaired groups, beneficiaries in the the Extensive and 9 percent had peripheral vascular Cognition and Behavioral Problem categories. Services categories were the most likely to be diseases. On average, 43 percent of The prevalence of hypothyroidism (10 taking anti-infective agents (39 percent). Less beneficiaries had documented hypertension. percent) did not vary by RUG–III group. than 15 percent of beneficiaries in other While the distribution of beneficiaries with Pooling across all States and the three RUG–III groups received these drugs. coronary artery disease appeared similar years, there is little variation by RUG–III Overall, 47 percent received at least one across RUG–III groups, congestive heart group in total daily drug cost as measured by analgesic. Impaired Cognition (32 percent) failure and arrhythmia were more common in Section U. Median costs within the and Behavior beneficiaries (39 percent) were the Extensive Services, Special Care, and Rehabilitation groups range from less likely to receive analgesics than those in Clinically Complex categories. For most of approximately $6.50 (Low Rehabilitation) to the Rehabilitation category (60 percent). the cardiovascular conditions, beneficiaries approximately $9.00 (Ultra-high Similar trends were apparent with in the Impaired Cognition category were less Rehabilitation) whereas the lowest costs of hematological agents (approximately 20 likely to have these diseases relative to other medications were experienced by the percent Impaired Cognition vs. RUG–III categories. A similar, but attenuated Impaired Cognition category (approximately approximately 35 percent in the pattern was noted for beneficiaries in the $3.00). The groups with the higher Rehabilitation groups), and topical agents Behavior category. interquartile range (approximately $13) were (approximately 20 percent vs. approximately Neurological diseases were also common. the Extensive Services categories and some of 37 percent in the Special Care groups). Overall, 9 percent of beneficiaries had the Rehabilitation groups (for example, RVC Conversely, beneficiaries in the Impaired Alzheimer’s disease documented. Twenty- was approximately $12). The Impaired Cognition (approximately 46 percent) and eight percent had other dementia Cognition category also demonstrated the documented. Nearly one quarter of least variation in costs of medications, with Behavior (over 50 percent) categories were beneficiaries had an active clinical diagnosis an interquartile range of approximately $5. more likely to receive CNS drugs relative to of stroke and 6 percent had Parkinson’s To better understand which classes of the other RUG–III groups (approximately 33 disease. While the proportion of beneficiaries drugs may be driving costs, we classified the percent). with Parkinson’s disease did not vary by drugs according to fourteen major therapeutic The highest proportion of total costs due to RUG–III group, the proportion with other classes. The most expensive therapeutic drug anti-infective use is found in the Extensive neurological conditions varied substantially classes are anti-infective agents (Median: Services and Clinically Complex groups, by RUG–III group. Beneficiaries in the $6.53) and biologics (Median: $9.73). The with approximately 50 percent of drug costs Impaired Cognition group were more likely least expensive therapeutic drug classes are attributable to the anti-infective agents. Use to have Alzheimer’s disease (22 percent) and analgesics (Median: $0.10) and nutritional of biologics was relatively infrequent other dementia (54 percent) documented and products (Median: $0.18). The proportion of (approximately 1.2 percent) and the less likely to have had a stroke (15 percent) beneficiaries within each of the major RUG– proportion of drug costs due to these agents compared to other RUG–III groups. Similar to III categories are shown in Table 1.2. was highly variable among the users, the Impaired Cognition group, beneficiaries Variations in medication use across RUG–III regardless of RUG–III group. Among people in the Behavior category were more likely to groups were apparent for many medication receiving anti-neoplastic medications have other dementia (41 percent) and less classes and corresponded to observed (approxmiately 2.2 percent of beneficiaries), likely to have had a stroke (12 percent) variations in the active clinical diagnoses these agents accounted for one quarter of compared to other RUG–III groups, but this shown by RUG–III group in Table 1.1. their total daily drug cost (Median: 27 category had a similar proportion of Beneficiaries were least likely to be on percent; 25th percentile: 13 percent; 75th beneficiaries with Alzheimer’s disease. The biologics (1 percent) and anti-neoplastics (2 percentile: 49 percent). Regardless of RUG– distribution of neurological conditions percent), regardless of RUG–III class. The III group, this measure is highly variable. among beneficiaries classified as Extensive majority of beneficiaries were on at least one While nearly one third of all beneficiaries Services, Special Care, and Clinically cardiovascular medication, with substantial received an endocrine medication, these Complex was similar. A third of beneficiaries variation across RUG–III groups. agents only accounted for 8 percent of the classified as Extensive Services and Special Beneficiaries in the Rehabilitation category total daily drug costs among users. Care had non-Alzheimer’s dementia and one (67 percent) and in the Clinically Complex Cardiovascular medications accounted for 18 quarter had suffered a stroke. category (64 percent) were the most likely to percent of the total daily drug cost, which Only 5 percent of beneficiaries had anxiety be receiving at least one cardiovascular varies slightly across RUG–III group (+/¥ and 16 percent had depression documented medication. Beneficiaries in the Impaired approximately 4 percent). There appears to as a diagnosis on the MDS. Across RUG–III Cognition (47 percent) and Behavior (53 be slightly less variation in this measure groups, the proportion of beneficiaries with percent) categories were the least likely to be among the Extensive Services, Special Care, anxiety and depression was similar. receiving cardiovascular medications. and Clinically Complex groups as compared However, the prevalence of anxiety (8 Similar trends were observed across RUG– to other RUG–III categories. Among the 19 percent) and depression (22 percent) was III groups for both gastrointestinal agents and percent of beneficiaries using respiratory higher in the Behavior category. Twelve endocrine/metabolic agents. More than half medications, 12 percent of their drug costs percent of beneficiaries had cataracts and 7 of beneficiaries had taken at least one were due to these agents. Higher median percent had glaucoma. These conditions did gastrointestinal agent with beneficiaries in proportions and greater variability occurred not vary substantially by RUG–III group. the Rehabilitation categories (67 percent) the at the end splits within the aggregate RUG– Overall, septicemia was rare (1 percent), and most likely to use gastrointestinal products III categories. A similar pattern is observed only 8 percent of beneficiaries had and beneficiaries in the Impaired Cognition among users of gastrointestinal agents. These pneumonia, while 17 percent had urinary or Behavioral Problem categories the least medications accounted for only 13 percent tract infections. Beneficiaries in the likely to receive these drugs (approximately (median) of the total daily costs. This Extensive Services category were more likely 50 percent). With endocrine and metabolic measure is highly variable, regardless of to have septicemia (2 percent), pneumonia agents, over one third of beneficiaries in the RUG–III group. Only 5 percent of (17 percent), and urinary tract infections (24 Rehabilitation, Extensive Services, Special beneficiaries had used a genitourinary percent) compared to other RUG–III Care, and Clinically Complex categories medication, accounting for only 13 percent of categories. Other diagnoses and conditions received these drugs, relative to total drug costs (median value). This measure were common. Twenty-one percent of approximately 25 percent of other RUG–III varied slightly across RUG–III groups.

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TABLE 1.ÐSOCIODEMOGRAPHIC CHARACTERISTICS OF RESIDENTS OF SNF STAYS BY RUG±III GROUP

Physical All Rehabilita- Extensive Special care Clinically Impaired Behaviors function re- tion services complex cognition only duced

Male ...... 35 37 36 34 36 35 37 30 Race/Ethnicity: White ...... 84 90 83 83 82 80 84 83 Hispanic ...... 2 1 2 2 2 3 3 2 Black ...... 9 6 9 9 9 11 8 9 Asian/Pacific Islander 0.5 0.2 0.7 0.5 0.6 0.7 0.7 0.6 American Indian ...... 1 0.7 2 2 2 1 1 1 Missing= ...... 3 .9 3 4 4 3 3 3 Cognitive Impairment:@ Mild (CPS: 0±1) ...... 41 51 33 35 47 0 50 53 Moderate (CPS: 2±4) 35 35 31 34 35 67 50 32 Severe (CPS: 5±6) ... 23 14 34 31 17 33 0 14 Physical Functioning: Minimal limitations .... 7 6 0 3 14 13 28 14 Moderate limitations .. 44 53 37 36 51 58 49 47 Dependent ...... 39 18 58 56 31 20 7 26 Missing= ...... 9 23 6 4 4 9 16 12 @ CPS = Cognitive Performance Scale. =Missing data percentages shown when greater than 3% missing data occurred. Totals may not equal 100% due to rounding.

TABLE 1.1ÐACTIVE CLINICAL DIAGNOSES FOR BENEFICIARIES BY RUG±III GROUP

Physical All Rehabilita- Extensive Special care Clinically Impaired Behaviors function re- tion services complex cognition only duced

Heart/Circulation: Coronary artery dis- ease ...... 20 14 22 22 22 21 19 21 Cardiac arrhythmia ... 14 15 16 15 14 11 8 12 Congestive heart fail- ure ...... 24 22 27 25 27 16 20 21 Hypertension ...... 43 44 42 42 44 37 40 42 Peripheral vascular diseases ...... 9 8 10 12 9 6 7 7 Other cardiovascular diseases ...... 20 20 21 21 21 16 16 17 Neurological: Alzheimer's disease .. 9 5 9 9 8 22 11 8 Other dementia ...... 28 18 30 30 27 54 41 28 Cerebrovascular dis- ease ...... 23 26 24 25 25 15 12 16 Parkinson's disease .. 6 5 6 6 5 6 5 6 Psychiatric: Anxiety ...... 5 6 5 5 6 5 8 5 Depression ...... 16 17 15 17 18 15 22 15 Sensory: Cataract ...... 12 6 14 14 14 14 13 13 Glaucoma ...... 7 5 7 7 7 6 8 7 Infections: Septicemia ...... 1 1 2 1 1 0 0 0 Pneumonia ...... 8 8 17 8 10 0 0 0 Urinary tract infection 17 16 24 19 13 10 9 12 Other: Allergies ...... 21 23 22 22 21 14 19 17 Anemia ...... 19 16 23 22 19 15 14 17 Arthritis ...... 22 22 23 22 21 17 19 24 Cancer ...... 12 11 14 13 13 7 8 9 Emphysema/COPD ... 15 14 17 15 19 10 14 10 Diabetes mellitus ...... 22 22 22 23 24 15 19 18 Hypothyroidism ...... 10 10 10 10 10 9 9 9 Osteoporosis ...... 8 9 8 8 8 6 6 9

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TABLE 1.2ÐDRUG UTILIZATION BY THERAPEUTIC CLASS AND RUG±111 GROUP

Physical All Rehabilita- Extensive Special care Clinically Impaired Behaviors function re- tion services complex cognition only duced

Anti-infectives ...... 26 29 39 28 23 12 12 16 Biologics ...... 1 0.3 1 2 1 1 1 1 Anti-neoplastics ...... 2 2 2 2 3 1 2 1 Endocrine ...... 31 36 30 30 33 22 26 26 Cardiovascular ...... 61 67 59 59 64 51 55 58 Respiratory ...... 19 23 21 18 23 9 17 13 Gastrointestinal ...... 61 67 60 62 62 47 53 58 Genitourinary ...... 5 6 5 5 5 4 3 5 CNS ...... 36 43 32 33 38 46 55 34 Analgesics ...... 47 60 43 45 44 32 39 44 Neuromuscular ...... 13 13 13 13 12 14 18 12 Hematological ...... 30 35 30 31 29 20 19 26 Topical ...... 30 26 34 37 28 20 20 23

C. Test and Validation Samples into these conceptually meaningful Extensive Services groups are associated with The recursive strategies employed by categories. The categories and their related the highest per diem non-therapy ancillary stepwise regression, AID, and other fitting revenue codes included the following: charges of any of the RUG–III classifications, techniques may produce over-optimistic prescription drugs/pharmacy (250–259), including the rehabilitation categories. For measures of variance explanation. For that drugs requiring ID (630–639), IV therapy the purposes of this project, ancillary costs reason, assessment of the explanatory power (260–269), medical and surgical supplies were divided into three categories: of alternative models required use of data (270–270; 620–622), respiratory services medications (by far the most critical that were not used in forming the models (410–419), laboratory (300–309), oxygen predictor of overall ancillary costs), themselves. We selected at random 60 (600–604), and dialysis (820–829, 830–839, respiratory therapy, and other ancillaries. percent of the sample for use as a test sample 880–889). This research also showed significantly and the remaining 40 percent for use as a 1. Cost-to-Charge Multiplier higher non-therapy ancillary costs and intra- validation sample. Refinements to RUG–III It is important to note that the actual group variance related to the variety of were developed based solely on analysis of ancillary costs for beneficiaries in the sample ancillary supplies and services needed to the test sample and evaluated solely on their are not observed. The covered charges treat the various acute and severe health performance with the validation sample. reported in claims are routinely discounted conditions characterizing beneficiaries who Since aberrations in the test sample that may classify into the Extensive Services category. have influenced the design of refinements by the intermediary responsible for Figures 1 through 3 compare the mean, per were absent in the validation sample, any processing on the basis of audited reasonable unsupported features of the proposed models cost. Inclusion of ancillary charges without diem costs of ancillary services for should be exposed by this approach. further adjustment in our measure of per beneficiaries in the Extensive Services diem ancillary charges would overstate the category with those of beneficiaries in other D. Creation of Measure of Non-therapy true level of reimbursable costs, since these RUG–III categories. Ancillary Charges From SNF Claims charges are routinely discounted before Another key to more accurate accounting Medicare Part A SNF claims were used to payment under the present system. of the cost(s) associated with treating measure the perdiem ancillary charges. For Using the appropriate annual SNF cost Extensive Services beneficiaries is ancillary charges developed using Medicare report (that is, the cost report for the service disentangling some of the overlap between claims data, it was not possible to identify period covered by the claim), conversion the Extensive Services and Rehabilitation items with a date of service that corresponds factors were computed for each SNF categories. Under the current PPS system, the to the period covered by the MDS assessment included in the research data base. To be as payment rate (under an index maximization (used to establish the RUG–III classification). consistent as possible, we calculated one approach) is the same for beneficiaries who Per diem charges were calculated using average discount factor (the ratio of total Part qualify for both Extensive Services and one Medicare claims with a covered date within A allowed cost to total Part A charges) for of the top three rehabilitation categories a specified range of a date covered by MDS each facility in each year. This discount (Ultra High, Very High and High assessment. Operationally, per diem charges factor was applied to the facility’s ancillary Rehabilitation) as for those beneficiaries who are derived by the sum of the charges of the charges before analysis to approximate the qualify only for one of the top three ancillary therapies divided by the number of costs of ancillary services. rehabilitation categories. Using this research days covered by claims. data base, we found a significant number of We then estimated the costs of non-therapy E. Analysis and Findings—RUG–III beneficiaries qualifying for both Extensive ancillaries, using revenue codes as extracted Refinements Services and Rehabilitation. from the claims data. First, we identified As shown by previous research and target revenue codes and categorized charges confirmed in this study, the RUG–III BILLING CODE 4120±03±U

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BILLING CODE 4120±03±C

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1. Costs for Beneficiaries Who Qualify for Rehabilitation, compared to those who Extensive Services than for those who Both Extensive Services and Rehabilitation qualified only for Rehabilitation. (See Figure qualified for Rehabilitation but not Extensive As shown in Figures 4 through 7, across all 4 for comparison of drug charges across all Services (Figure 6). five Rehabilitation categories based on • three ancillary categories, costs were Total average ancillary charges for whether the beneficiary also qualified for significantly higher for beneficiaries who beneficiaries who qualified for both Extensive Services.) Rehabilitation and Extensive Services were qualified for both Extensive Services and • A similar pattern was observed for Rehabilitation compared to those who qualify also significantly higher than for those respiratory therapy. Across all five qualifying only for rehabilitation (Figure 7). only for a Rehabilitation category. Therefore, rehabilitation categories, respiratory therapy we considered whether those qualifying for Based on these results, it makes sense, for costs were more than twice as high for statistical, incentive-related, and clinical both categories should be separately beneficiaries who also qualified for Extensive identified. reasons, to consider potential refinements Services as for those who qualified only for which reflect the higher costs of beneficiaries • Across all five Rehabilitation categories, Rehabilitation (Figure 5). in the Rehabilitation categories who also mean prescription drug costs were • Other non-therapy ancillary costs were qualify for Extensive Services. approximately double for beneficiaries who considerably higher for beneficiaries who qualified for both Extensive Services and qualified for both Rehabilitation and BILLING CODE 4120±03±U

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BILLING CODE 4120±03±C • The index model can be applied improvements in the proportion of the These cost differences suggested that a separately to each major category; that is, variance predicted by the case-mix system potential refinement could be based on each level of the RUG–III hierarchy. and some improvement in the system’s interactions between existing RUG–III In our analysis of ancillary costs, the ability to identify high-cost beneficiaries. The categories. Such a change could be results did not indicate strong interaction weighted version allowed items that predict implemented in either of two ways: effects. There were two implications of this much higher costs (such as receipt of IV • A new terminal split within the current finding. First, the variables effects were medications) to have more impact on RUG–III Rehabilitation groups based on principally additive and models which predicted costs than less-influential items whether the beneficiary also qualified for develop indexes are indicated. Second, the such as shortness of breath. For this study, Extensive Services. These changes would be appropriate approach was to use regression reflected in changes in the Case Mix Index analysis to form indexes, rather than PC- the weights were assigned by the researchers (CMI) for nursing in calculating payments for Group to identify tree models. (It should be based on a combination of expert opinion the Rehabilitation categories. noted that PC-Group still has some unique and a comparison of cost data for the various • A new RUG–III category for beneficiaries capabilities, employed later, to help identify MDS items. The weighted index model who qualify for both Extensive Services and optimal thresholds for an index.) exhibited enhanced explanatory power, but Rehabilitation. The new category (which One way an index model could be used is at the cost of additional complexity and could be called ‘‘Rehabilitation and in an ‘‘add-on’’ system for predicting non- subjectivity. Extensive Services’’) would be at the top of therapy ancillary charges. RUG–III could be the hierarchical case-mix system. used for predicting staff time costs and the F. Model Performance non-therapy ancillary index would be We tested a number of potential 2. Non-Therapy Ancillary Index Models ‘‘added-on’’ to determine the total payment refinements, but selected only the most In addition, variations in non-therapy rate for beneficiaries with given powerful alternative from each type for ancillary costs could be addressed through characteristics. The motivation for this presentation here. The most promising types several types of index model-based approach is that RUG–III has been well tested of potential refinements are summarized in refinements. There are a number of ways that and validated for predicting staff time costs, Table 2, and discussed below. index model-based refinements can be but was not designed to capture variance in 1. RUG–III CMI Adjustment: This potential implemented: non-therapy ancillary charges. Although such refinement improved the ability of the case- • The models can be based on an a system can be described as consisting of mix system to capture variance in ancillary unweighted count of the number of index two components, it could easily be and total costs. Changes to the CMI alone model variables present or on a weighted implemented as an integrated system, as (that is, changes to the payment rates index that assigns a relative cost factor to though the non-therapy ancillary component each of the index model variables. defined a new set of end-splits to RUG–III. associated with different groups but no • The index models can differ with respect The index model approach allowed for a changes to the case-mix system) will reduce to the RUG–III categories to which the model large number of items to be considered the proportion of beneficiaries for whom is applied. simultaneously in determining payment costs are greater than payment, but will not • The index models can differ with respect rates, including additional measures of affect the proportion of variance in costs to the number of index groups that are used. severity that are not reflected in RUG–III. We captured by the case-mix system. The current • The index models can also vary based on designed both weighted and unweighted RUG–III methodology accounted for about 6 the thresholds used to define groups. For the versions of a non-therapy ancillary index for percent of the variance in ancillary charges weighted index model, beneficiaries were each level of the RUG–III hierarchy, and and 11 percent of the variance in total costs classified based on their predicted costs. showed that both versions resulted in large (See Table 2).

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TABLE 2.ÐSTATISTICAL PERFORMANCE OF POTENTIAL RUG±III REFINEMENTS±MODEL DESCRIPTION

R-squared validation sample Specificity and sensitivity (test sample) analyses validation sample Model description Number of groups Min/Max δ Ancillary ★ charges (per- Total costs Specificity Sensitivity ◆ cent) (percent) (percent)

RUG±IIIÐ(CMI changes only) ...... 44 ...... 5.9 11.0 111/239 91.7 26.1% (6.5) (11.2) RUG III (version 2001) RUG±III with new 58 ...... 7.8 13.7 116/355 91.5 27.8 category ``Extensive Services and Re- (8.3) (13.7) habilitation''. WIM 1ÐWeighted index model applied 58 plus a six-group 11.2 16.8 114/458 91.5 31.7% to Extensive Services (includes new ancillary add-on (12.5) (17.6) category ``Extensive Services and Re- system. habilitation''). WIM 2ÐWeighted index model applied 58 plus a six-group 13.4 19.0 111/456 92.3 32.2% to Extensive Services beneficiaries (in- ancillary add-on (14.2) (19.4) cludes new category ``Extensive Serv- system. ices and Rehabilitation'') and to Reha- bilitation, Special Care, and Clinically Complex. UWIMÐUnweighted index model applied 58 plus a four-group 10.9 17.1 104/447 92.0 30.8% to Extensive Services (includes new ancillary add-on (12.6) (18.0) category ``Extensive Services and Re- system. habilitation'') and to Rehabilitation, Special Care, and Clinically Complex. Notes: ▲: Predicted total costs for the lowest and highest reimbursed groups in the refined case mix system. ²: Note that all index model-based refinements also include the ``Extensive Services and Rehabilitation'' category. ★: Specificity is measured as the proportion of beneficiaries who are not in the top 10 percent of predicted ancillary charges and also not in the top 10 percent in terms of actual ancillary charges. ◆: Sensitivity is measured as the proportion of beneficiaries in the top 10 percent in terms of both predicted and actual ancillary charges. Data sources: Medicare claims, Minimum Data Set 1995±1997.

2. RUG–III (proposed, version 2001): Services and Rehabilitation categories) would 4. Weighted Index Model 2 (WIM2): Model Adding the new Extensive Services and receive an ancillary ‘‘add-on’’ based on the WIM2 extends the use of the non-therapy Rehabilitation categories resulted in small beneficiary’s predicted, per diem ancillary ancillary index to 40 RUG–III (proposed, improvements in statistical performance. The costs for the index model qualifiers. The version 2001) groups (14 Rehabilitation/ validation sample R-squared increased to 7.8 ancillary index has 6 groups with break Extensive Services, 3 Extensive Services, 14 percent for ancillary charges, an increase of points at costs at the 50th percentile or Rehabilitation, 3 Special Care and 6 about 2 percent relative to RUG–III, and to below, from the 51st through 75th percentile, Clinically Complex groups), and accounted 13.7 percent for total costs. However, the from the 76th through 90th percentile, from for 19 percent of the variance in total costs improvements associated solely with a the 91st through 95th percentile, from the and 13 percent of the variance in ancillary charges. This was more than twice the R- change in the RUG–III (proposed, version 96th through 98th percentile, and the 99th 2001) methodology were substantially less squared of the existing RUG–III or the percentile. The break points were calculated than those produced by the other potential proposed RUG–III (version 2001) alone. The separately for each level of the RUG–III refinements that incorporated a combination range of payments was similar to that of hierarchy. of RUG–III and index model-based WIM1. Using WIM2, 32 percent of refinements. Application of WIM1 resulted in some beneficiaries in the top 10 percent in terms In conducting this analysis, new CMIs had improvement relative to RUG–III (proposed, of actual ancillary charges were also in the to be constructed. For this research, the CMIs version 2001). For the validation sample, the top 10 percent in terms of predicted ancillary were developed from the same 1995 through model accounted for 11 percent of the charges. 1997 staff time measurement studies that variance in ancillary charges and 17 percent Table 4 shows the distribution of Medicare were used to construct the indices used of the variance in total costs. Nearly 32 beneficiaries in the 6 non-therapy ancillary under the current RUG–III methodology. (See percent of beneficiaries in the top 10 percent index levels by RUG–III (proposed version Table 3) of ancillary charges were also in the top 10 2001) category. The cut-off points used to 3. Weighted Index Model (WIM1): Under percent in terms of predicted costs, compared define these groups are the same as for WIM1, Extensive Services beneficiaries to 27.8 percent for RUG–III (proposed, WIM1. (including those in the new Extensive version 2001). BILLING CODE 4120±03±U

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BILLING CODE 4120±03±C

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In the Regulatory Impact Analysis, we and employs a more familiar methodology less than for WIM2. Using UWIM, showed the distributional impact of these similar to that used in classifying beneficiaries are split into four groups based case mix refinements using the UWIM model beneficiaries into the Extensive Services on the number of index model variables proposed in this rule. Table 6 shows the groups. Second, in developing the weighted present. distributional shifts of beneficiaries between models, the researchers had to rely more the existing RUG-III model and the WIM2 heavily on imputed data to develop the Number of qualifiers Ancillary Option. In addition, Tables 6.1 and 6.2 show number of index levels, and the cut-off level the projected rates using the WIM2 model. points. Therefore, even though the WIM (See Table 12 in the Proposed rule for the models appear to have slightly more 0 ...... 2 UWIM model.) predictive power, they are based upon more 1±2 ...... 3 5. Unweighted Index Model (UWIM): This subjective criteria. However, the WIM models 3±5 ...... 4 6 or more ...... 5 model is the unweighted counterpart to are subject to additional testing using the full WIM2. While this model performed better PPS data base, and, based on the results, this than the current RUG-III and proposed RUG- model may be reconsidered. Table 5 shows the distribution of Medicare III (version 2001) models, it was slightly UWIM accounted for 11 percent of the beneficiaries in the 4 non-therapy ancillary index levels by RUG–III (proposed, version outperformed by WIM2. However, we regard variance in ancillary charges and 17 percent 2001) category. the unweighted model as preferable to WIM2, of the variance in total costs. The sensitivity for two reasons. First, it is relatively simple, and specificity of the model were slightly BILLING CODE 4120±03±U

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BILLING CODE 4120±03±c beneficiaries. However, since there are a WIM and UWIM models to the Impaired The models described here focus on those small number of beneficiaries in the research Cognition, Behavior, and Physical Function upper RUG–III categories that are reflective of data base who may be classified into one of categories. Almost all the beneficiaries in the skilled care needs of Medicare the lower RUG–III levels, we also applied the these three levels of the RUG–III hierarchy

VerDate 202000 22:49 Apr 07, 2000 Jkt 190000 PO 00000 Frm 00103 Fmt 4701 Sfmt 4702 E:\FR\FM\10APP4.SGM pfrm03 PsN: 10APP4 19290 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Proposed Rules grouped into the two lowest non-therapy find a relationship between costs and the will include these RUG–III categories in ancillary index levels. In fact, in the UWIM index value for these beneficiaries. However, additional analyses using the full PPS data model, 90 percent of the Impaired Cognition, including these groups in the model resulted base. Based on the results, we will review the 87.8 percent of the Behavior and 85 percent in minimal additional improvement in applicability of the non-therapy ancillary of the Physical Function observations fell statistical performance (See Table 7). index to the Impaired Cognition, Behavior, into the lowest level of the non-therapy While these groups have not been included and Physical Function categories. ancillary index. In these analyses, we did in the refinements proposed in this rule, we

TABLE 7.ÐSTATISTICAL PERFORMANCE OF POTENTIAL RUG±III REFINEMENTSÐMODEL DESCRIPTION

R-squared validation sam- ple (test sample) Model description Number of groups Ancillary charges Total costs (percent) (percent)

UWIMÐUnweighted index model applied to Extensive Services residents 58 plus a four-group ancillary add-on 10.9 17.1 (includes new category ``Extensive Services and Rehabilitation'') jkand to system. ¥12.6 ¥18.0 Rehabilitation, Special Care, and Clinically Complex residents. UWIM±ALL-Unweighted index model applied to all residents (including new 58 plus a four-group ancillary add-on 10.9 17.1 ``Extensive Services and Rehabilitation'' category). system. ¥12.7 ¥18.2 Data sources: Medicare claims, Minimum Data Set 1995±1997.

G. RUG–III Medications Data regimens for bundling. The Physician Desk as part of the imputation process, it Although the bulk of the development and Reference, the Red Book and other sources theoretically could explain more of the analysis of potential RUG–III refinements to were used in addition to the documented variance in the dependent variable simply date have been based on Medicare claims AWP to determine a likely constant by which because RUG was used as part of the data, the Section U drug cost data holds to divide the cost for each potential problem. imputation algorithm. The coefficients of the unique promise as a source of detailed In many instances, not enough information variables used to impute cost data may be information on the drug use of particular was available to make an appropriate amplified relative to other coefficients in the beneficiaries. In the coming months, once the estimate. In these cases, the drug cost explanatory models. Depending on the characteristics of these new data are more remained as indicated by the AWP. correlation between the RUG groups and fully understood, we plan to use Section U While we were able to successfully map other variables, these coefficients will also be drug cost data to analyze the behavior of NDC codes to drug names (nested within biased in unpredictable ways. This problem high-cost individuals as well as the potential therapeutic classes and sub-classes), could be small if the between-group variance effects of case mix refinements. successfully matching to a drug cost required is small (overall variance can be broken more information. Specifically, assigning an down into between-group and within-group 1. Creation of MDS-Based Drug Cost AWP to a drug requires both the strength of Measures components). Given the potential for the drug administered and complete introducing bias in our models, we opted to The following types of pricing are available information regarding the frequency with create two imputation algorithms. in the Medispan Master Drug Data Base: which the medication was administered. Average wholesale price (AWP), Direct Price, Unfortunately, many of the NDC codes 2. RUG-Based Imputation Method Wholesaler Acquisition Cost, HCFA Federal included in the MDS data did not include We assigned drug costs based on NDC Financial Participation (FFP) limit price, information regarding strength.1 For codes recorded on Section U of the MDS Average AWP, and the generic equivalent example, we may know that a beneficiary evaluation forms using the following average price. While we translated the received aspirin, but we do not know if it algorithm. First, if the NDC code was listed medications listed on the MDS with NDC was 80 mg, 325 mg, or some other strength. among the approximately 150,000 codes codes to therapeutic classes and sub-classes, As a result, we have substantial missing cost tracked by Medispan, we used the pricing we needed to cross-link the two data systems data. Because of the extent of missing data, information collected by Medispan. If the to identify the cost of the medications. We we opted to impute the drug costs as opposed NDC code was not listed, but the exact name used the average wholesale price (AWP) for to excluding cases for which we did not have of the generic drug was listed, we calculated medication costs for several reasons. The complete drug cost information. Analyses of pricing as follows. In those instances where AWP is a national figure and not subject to the extent of missing data revealed that the RUG code (as calculated for our recording regional influence resulting from purchasing missing data did not vary by RUG group, purposes and provided on the ‘‘raw’’ data contracts and other local market factors. This State, year, or type of medication. files) was observed among beneficiaries using helps to account for the cost of dispensing. Nonetheless, by imputing missing drug the drug, if only one cost was associated with Using AWP is conservative when the price of costs, we have introduced random variations the drug, it was used. If multiple costs were a medication is relatively low or high, and in the data that were not generated by the associated, the most likely cost was chosen AWP is not subject to institutional cost- underlying process that we are attempting to based on the distribution of observed costs shifting. Additionally, AWP, compared to model. Consequently, variables that explain among beneficiaries. If the RUG code was not other pricing options, was found to yield the variance in non-missing data will have no observed, we applied the process to a pooled lowest amount of missing cost data. explanatory power for imputed data. The distribution over all of the medication codes In evaluating the drug regimens of coefficients on these variables will, therefore, observed among all of the MDS records for beneficiaries in our sample, we realized that be biased toward zero. This bias will be small all of the beneficiaries. If we could not match because of the way some drugs are packaged, if the proportion of total variance attributable the exact generic name, we sought a match the AWP price may reflect a price for to imputation is small. However, variables for the leading words in the generic name, multiple doses. Examples include injectables, explicitly or implicitly used in the and if matched, we applied the same inhalants, elixirs, and other drugs that imputation process may have explanatory approach (that is, selecting the most likely indicated a multi-day supply in the drug power with regard to the imputed values. For drug cost based on the RUG distribution). In description. We generated a printout of all example, if the RUG group is implicitly used cases where no reasonable match could be potential problems of this sort. A clinical found, no price was assigned to the pharmacist reviewed the potential 1 The MDS instruction manual references NDC medication. This algorithm was iterative over appropriateness of multiple use and long- codes which do not contain drug strength the observed distribution among acting dosage forms and unique treatment information. beneficiaries.

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3. State and Year-Based Imputation Method During the course of initial analyses, we admission to have a 30-day blister pack Because of our concerns regarding bias, we noted discrepancies between costs as ordered for each specified drug the resident implemented a similar, but alternative measured by MDS Section U and costs as was taking upon admission to the nursing algorithm to estimate the drug costs based on measured by SNF claims. The discrepancies home. Since most residents came from the data contained in Section U of the MDS. We between the Section U-based drug cost hospital where drugs are dispensed daily, thought that missing data might vary measure and the drug cost measure estimated they generally arrive at the nursing home systematically by State owing to differing from SNF claims may be due to several with less than a one-day supply of data collection procedures (and software) factors. The pharmacy cost detail codes used medications. As a result, the transition and among States. Further, we considered that from the SNF claim include treatments that ordering of medications must be very quick. coding of drugs might have improved over would not necessarily be included on the In turn, the ‘‘charge’’ for the drug will, in time. If both assumptions were true, the Section U according to the MDS instructions. many instances, include drugs that may have pattern of missing data would vary For example, radiation treatment supplies already been changed by the 14th day of the systematically through time and place. It and other procedure-related drug supplies stay, when the MDS Section U would be follows that an imputation method based on are clearly not included on Section U. completed. The net result of this practice of time and place would be reasonable. If the Furthermore, while applying the cost to delivering and billing for a full 30-day supply NDC code was not listed among the 150,000 charge ratio for pharmacy charges might is a higher observed cost than would be Medispan codes, but the exact name of the appear to estimate ‘‘costs’’, this adjustment produced by estimating per diem drug cost generic drug was listed, we calculated may only capture the administrative step- based on an enumeration of the drugs pricing as follows. If only one cost was down from the facility cost report since, in received. associated with the drug within a given State all but the largest facilities, consultant Thus, we believe that Section U-based drug and year, it was used. If multiple costs were pharmacy firms supply all drugs to cost measures may eventually provide further associated, we chose the most likely cost beneficiaries. The charge to the facility insight into drug utilization patterns in the based on the distribution of observed costs includes both its ‘‘cost’’ (from the SNF population as these potential sources of among beneficiaries. If we could not match pharmaceutical firm or supplier) as well as data inconsistency yield to further analysis. the exact generic name, we sought a match the value-added labor of the facility’s However, in view of the delay in for the leading words in the generic name, consultant pharmacists who perform its drug implementing the collection of medication and if matched, we applied the same utilization review, along with any mark-up data on the MDS, and given the current need approach (that is, selecting the most likely that the consultant pharmacy contractor to address and resolve these issues before drug cost using the State and year). In cases applies. These charges for services provided proceeding, the analysis of potential RUG-III where no reasonable match could be found, represent ‘‘costs’’ to the facility, and so refinements described in this report was no price was assigned to the medication. As applying the facility cost to charge ratio only based on SNF claims data. with the RUG-based imputation measure, this discounts its administrative step-down. algorithm was iterative over the observed Finally, in most States and areas, the typical [FR Doc. 00–8481 Filed 4–7–00; 8:45 am] distribution among beneficiaries. practice in nursing homes is for a new BILLING CODE 4120±01±U

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