[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Rules and Regulations]
[Page 15352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6773]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 416, 482, and 485

[HCFA-3049-F2]
RIN 0938-AK08


Medicare and Medicaid Programs; Hospital Conditions of 
Participation: Anesthesia Services: Delay of Effective Date

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

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, this action temporarily delays for 60 days the 
effective date of the rule entitled ``Hospital Conditions of 
Participation: Anesthesia Services,'' published in the Federal Register 
on January 18, 2001 (66 FR 4674). That rule concerns the Anesthesia 
Services Condition of Participation (CoP) for hospitals, the Surgical 
Services Condition of Participation for Critical Access Hospitals 
(CAHs), and the Ambulatory Surgical Center (ASC) Conditions of 
Coverage--Surgical Services. That final rule changes the physician 
supervision requirement for certified registered nurse anesthetists 
furnishing anesthesia services in hospitals, CAHs, and ASCs. Under that 
final rule, State laws will determine which professionals are permitted 
to administer anesthesia and the level of supervision required, 
recognizing a State's traditional domain in establishing professional 
licensure and scope-of-practice laws. To the extent that 5 U.S.C. 
section 553 applies to this action, it is exempt from notice and 
comment because it constitutes a rule of procedure under 5 U.S.C. 
section 553(b)(3)(A). Alternatively, HCFA's implementation of this rule 
without opportunity for public comment, effective immediately upon 
publication today in the Federal Register, is based on the good cause 
exceptions in 5 U.S.C. section 553(b)(3)(B) and 553(d)(3), in that 
seeking public comment is impracticable, unnecessary and contrary to 
the public interest. The temporary 60-day delay in effective date is 
necessary to give Department officials the opportunity for further 
review and consideration of new regulations, consistent with the 
Assistant to the President's memorandum of January 20, 2001. Given the 
imminence of the effective date, seeking prior public comment on this 
temporary delay would have been impractical, as well as contrary to the 
public interest, in the orderly promulgation and implementation of 
regulations.

DATES: The effective date of the final rule, Hospital Conditions of 
Participation: Anesthesia Services, published in the Federal Register 
on January 18, 2001 (66 FR 4674), is delayed for 60 days, from March 
19, 2001 to a new effective date of May 18, 2001.

FOR FURTHER INFORMATION CONTACT: Stephanie Dyson, Health Care Financing 
Administration, (410) 786-9226.

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

    Dated: February 27, 2001.
Michael McMullan,
Acting Deputy Administrator, Health Care Financing Administration.
    Approved: March 12, 2001.
Tommy G. Thompson,
Secretary.
[FR Doc. 01-6773 Filed 3-16-01; 8:45 am]
BILLING CODE 4120-01-M