95-21541. Medicare Program; Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 1996 Rates  

  • [Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
    [Rules and Regulations]
    [Pages 45778-45946]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-21541]
    
    
    
    
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    Part II
    
    
    
    
    
    Department of Health and Human Services
    
    
    
    
    
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    Health Care Financing Administration
    
    
    
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    42 CFR Part 412, et al.
    
    
    
    Medicare Program; Changes to the Hospital Inpatient Prospective Payment 
    Systems and Fiscal Year 1996 Rates; Final Rule
    
    Federal Register / Vol. 60, No. 170 / Friday, September 1, 1995 / 
    Rules and Regulations
    
    
    [[Page 45778]]
    
    
    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Health Care Financing Administration
    
    42 CFR Parts 412, 413, 424, 485, and 489
    
    [BPD-825-FC]
    RIN 0938-AG95
    
    
    Medicare Program; Changes to the Hospital Inpatient Prospective 
    Payment Systems and Fiscal Year 1996 Rates
    
    AGENCY: Health Care Financing Administration (HCFA), HHS.
    
    ACTION: Final rule with comment period.
    
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    SUMMARY: We are revising the Medicare hospital inpatient prospective 
    payment systems for operating costs and capital-related costs to 
    implement necessary changes arising from our continuing experience with 
    the system. In addition, in the addendum to this final rule, we are 
    describing changes in the amounts and factors necessary to determine 
    prospective payment rates for Medicare hospital inpatient services for 
    operating costs and capital-related costs. These changes are applicable 
    to discharges occurring on or after October 1, 1995. We are also 
    setting forth rate-of-increase limits as well as policy changes for 
    hospitals and hospital units excluded from the prospective payment 
    systems. Finally, we are setting forth several requirements concerning 
    Essential Access Community Hospitals (EACHs) and Rural Primary Care 
    Hospitals (RPCHs), in accordance with provisions of the Social Security 
    Act Amendments of 1994.
    
    DATES: Effective Date: This final rule is effective on October 1, 1995, 
    except that revised Sec. 412.46 (concerning the physician attestation 
    requirement for inpatient claims) is effective September 1, 1995.
        Comments: Comments on revised Sec. 485.645 (concerning the 
    requirements for RPCH providers of long-term care services (``swing 
    beds'')) will be considered if we receive them at the appropriate 
    address, as provided below, no later than 5 p.m. on October 31, 1995. 
    We will not consider comments concerning any other issue.
    
    ADDRESSES: Mail written comments (1 original and 3 copies) to the 
    following address: Health Care Financing Administration, Department of 
    Health and Human Services, Attention: BPD-825-FC, P.O. Box 7517, 
    Baltimore, MD 21207-0517.
        If you prefer, you may deliver your written comments (1 original 
    and 3 copies) to one of the following addresses: Room 309-G, Hubert H. 
    Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201, 
    or Room C5-09-26, 7500 Security Boulevard, Baltimore, MD 21244-1850.
        Because of staffing and resource limitations, we cannot accept 
    comments by facsimile (FAX) transmission. In commenting, please refer 
    to file code BPD-825-FC. Comments received timely will be available for 
    public inspection as they are received, generally beginning 
    approximately 3 weeks after publication of a document, in Room 309-G of 
    the Department's offices at 200 Independence Avenue SW., Washington, 
    DC, on Monday through Friday of each week from 8:30 a.m. to 5 p.m. 
    (phone: (202) 690-7890).
        Copies: To order copies of the Federal Register containing this 
    document, send your request to: New Orders, Superintendent of 
    Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. Specify the date 
    of the issue requested and enclose a check or money order payable to 
    the Superintendent of Documents, or enclose your Visa or Master Card 
    number and expiration date. Credit card orders can also be placed by 
    calling the order desk at (202) 512-1800 or by faxing to (202) 512-
    2250. The cost for each copy is $8.00. As an alternative, you can view 
    and photocopy the Federal Register document at most libraries 
    designated as Federal Depository Libraries and at many other public and 
    academic libraries throughout the country that receive the Federal 
    Register.
    
    FOR FURTHER INFORMATION CONTACT:
    Nancy Edwards, (410) 786-4531, Operating Prospective Payment, DRG, Wage 
    Index Issues.
    Tzvi Hefter, (410) 786-4529, Capital Prospective Payment, Excluded 
    Hospitals, EACH, RPCH.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
    A. Summary
    
        Under section 1886(d) of the Social Security Act (the Act), a 
    system of payment for the operating costs of acute care hospital 
    inpatient stays under Medicare Part A (Hospital Insurance) based on 
    prospectively-set rates was established effective with hospital cost 
    reporting periods beginning on or after October 1, 1983. Under this 
    system, Medicare payment for hospital inpatient operating costs is made 
    at a predetermined, specific rate for each hospital discharge. All 
    discharges are classified according to a list of diagnosis-related 
    groups (DRGs). The regulations governing the hospital inpatient 
    prospective payment system are located in 42 CFR part 412. On September 
    1, 1994, we published a final rule with comment period (59 FR 45330) to 
    implement changes to the prospective payment system for hospital 
    operating costs beginning with Federal fiscal year (FY) 1995.
        For cost reporting periods beginning before October 1, 1991, 
    hospital inpatient operating costs were the only costs covered under 
    the prospective payment system. Payment for capital-related costs had 
    been made on a reasonable cost basis because, under sections 1886 
    (a)(4) and (d)(1)(A) of the Act, those costs had been specifically 
    excluded from the definition of inpatient operating costs. However, 
    section 4006(b) of the Omnibus Budget Reconciliation Act of 1987 
    (Public Law 100-203) revised section 1886(g)(1) of the Act to require 
    that, for hospitals paid under the prospective payment system for 
    operating costs, capital-related costs would also be paid under a 
    prospective payment system effective with cost reporting periods 
    beginning on or after October 1, 1991. As required by section 1886(g) 
    of the Act, we replaced the reasonable cost-based payment methodology 
    with a prospective payment methodology for hospital inpatient capital-
    related costs. Under the new methodology, effective for cost reporting 
    periods beginning on or after October 1, 1991, a predetermined payment 
    amount per discharge is made for Medicare inpatient capital-related 
    costs. (See subpart M of 42 CFR part 412, and the August 30, 1991, 
    final rule (56 FR 43358) for a complete discussion of the prospective 
    payment system for hospital inpatient capital-related costs.)
    
    B. Major Contents of the Provisions of the June 2, 1995 Proposed Rule
    
        On June 2, 1995, we published a proposed rule in the Federal 
    Register (60 FR 29202) setting forth proposed changes to the Medicare 
    hospital inpatient prospective payment systems for both operating costs 
    and capital-related costs, as well as changes affecting hospitals 
    excluded from those payment systems. The following is a summary of the 
    major changes that we proposed to make:
         We proposed changes for FY 1996 DRG classifications and 
    relative weighting factors as required by section 1886(d)(4)(C) of the 
    Act.
         We proposed to update the wage index for FY 1996. Specific 
    issues included allocation of general service salaries and hours to 
    excluded areas, and revisions to the wage index based on hospital 
    redesignations. 
    
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         We also proposed revisions to the criteria for seeking 
    MGCRB reclassification and discussed comments received on alternative 
    labor market areas.
         We discussed several provisions of the regulations in 42 
    CFR parts 412, 424, and 485 and set forth certain proposed changes 
    concerning the following:
    
    --Payment for transfer cases.
    --Rural referral centers.
    --Determination of number of beds in determining the indirect medical 
    education adjustment.
    --Disproportionate share adjustment.
    --Essential access community hospitals (EACHs) and rural primary care 
    hospitals (RPCHs).
    --Rebasing the hospital market baskets.
    
         We discussed several provisions of the regulations in 42 
    CFR part 412 concerning the prospective payment system for capital 
    related costs and set forth certain proposed changes concerning the 
    following:
    
    --New update framework.
    --Specific adjustment for taxes to the capital prospective payment 
    system Federal rate.
    
         We discussed changes to the regulations at 42 CFR parts 
    412 and 413 for hospitals and hospital units excluded from the 
    prospective payment system. The proposed changes concerned the 
    following:
    
    --Requirements for certain long-term care hospitals excluded from the 
    prospective payment systems.
    --Payment window for preadmission services.
    --Criteria for exclusion.
    --Request for payment adjustment.
    
         In the addendum to the proposed rule, we set forth 
    proposed changes to the amounts and factors for determining the FY 1996 
    prospective payment rates for operating costs and capital-related 
    costs. We also proposed new update factors for determining the rate-of-
    increase limits for cost reporting periods beginning in FY 1996 for 
    hospitals and hospital units excluded from the prospective payment 
    system.
         In Appendix A of the proposed rule, we set forth an 
    analysis of the impact that the proposed changes would have on affected 
    entities.
         In Appendix B of the proposed rule, we set forth our 
    technical appendix on the proposed FY 1996 capital acquisition model.
         In Appendix C to the proposed rule as corrected (60 FR 
    39304, August 2, 1995), we included our report to Congress on our 
    initial estimate of an update factor for FY 1996 for both hospitals 
    included in and hospitals excluded from the prospective payment systems 
    as required by section 1886(e)(3)(B) of the Act.
         As required by sections 1886 (e)(4) and (e)(5) of the Act, 
    in Appendix D, we provided our recommendation of the appropriate 
    percentage change for FY 1996 for the following:
    
    --Large urban area and other area average standardized amounts (and 
    hospital-specific rates applicable to sole community hospitals) for 
    hospital inpatient services paid for under the prospective payment 
    system for operating costs.
    --Target rate-of-increase limits to the allowable operating costs of 
    hospital inpatient services furnished by hospitals and hospital units 
    excluded from the prospective payment system.
    
         In the proposed rule, we discussed in detail the March 1, 
    1995 recommendations made by the Prospective Payment Assessment 
    Commission (ProPAC). ProPAC is directed by section 1886(e)(2)(A) of the 
    Act to make recommendations on the appropriate percentage change factor 
    to be used in updating the average standardized amounts. In addition, 
    section 1886(e)(2)(B) of the Act directs ProPAC to make recommendations 
    regarding changes in each of the Medicare payment policies under which 
    payments to an institution are prospectively determined. In particular, 
    the recommendations relating to the hospital inpatient prospective 
    payment systems are to include recommendations concerning the number of 
    DRGs used to classify patients, adjustments to the DRGs to reflect 
    severity of illness, and changes in the methods under which hospitals 
    are paid for capital-related costs. Under section 1886(e)(3)(A) of the 
    Act, the recommendations required of ProPAC under sections 1886(e)(2) 
    (A) and (B) of the Act are to be reported to Congress not later than 
    March 1 of each year.
        We printed ProPAC's March 1, 1995 report, which included its 
    recommendations, as Appendix E of the proposed rule. The 
    recommendations, and the actions we proposed to take with regard to 
    them (when an action is recommended), were discussed in detail in the 
    appropriate sections of the preamble, the addendum, or the appendices 
    to the proposed rule. Set forth below in sections II, III, IV, V, VI, 
    and VII of this preamble, the addendum to this final rule, and the 
    appendices are detailed discussion of the June 2 proposed rule, the 
    public comments received in response to the proposed rule, and the 
    responses to those comments, as well as the changes we are making.
    
    C. Public Comments Received in Response to the June 2 Proposed Rule
    
        A total of 2,006 items of correspondence containing comments on the 
    proposed rule were received timely. Two issues, physician attestation 
    of hospital patient claims and the DRG classification of the procedure 
    for insertion of a coronary artery stent, were the subject of write-in 
    campaigns. We received close to 1,000 letters on physician attestation 
    and over 700 letters on coronary stent. Of the remaining letters, the 
    main areas of concern addressed by the commenters were the following:
         The adjustment for taxes to the capital prospective 
    payment system Federal rate.
         The new requirements for certain long-term hospitals 
    excluded from the prospective payment system.
         The discussion on the definition of a transfer case.
    
    II. Changes to DRG Classifications and Relative Weights
    
    A. Background
    
        Under the prospective payment system, we pay for inpatient hospital 
    services on the basis of a rate per discharge that varies by the DRG to 
    which a beneficiary's stay is assigned. The formula used to calculate 
    payment for a specific case takes an individual hospital's payment rate 
    per case and multiplies it by the weight of the DRG to which the case 
    is assigned. Each DRG weight represents the average resources required 
    to care for cases in that particular DRG relative to the average 
    resources used to treat cases in other DRGs.
        Congress recognized that it would be necessary to recalculate the 
    DRG relative weights periodically to account for changes in resource 
    consumption. Accordingly, section 1886(d)(4)(C) of the Act requires 
    that the Secretary adjust the DRG classifications and relative weights 
    annually. These adjustments are made to reflect changes in treatment 
    patterns, technology, and any other factors that may change the 
    relative use of hospital resources. The changes to the DRG 
    classification system and the recalibration of the DRG weights for 
    discharges occurring on or after October 1, 1995, are discussed below.
    B. DRG Reclassification
    
    1. General
        Cases are classified into DRGs for payment under the prospective 
    payment 
    
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    system based on the principal diagnosis, up to eight additional 
    diagnoses, and up to six procedures performed during the stay, as well 
    as age, sex, and discharge status of the patient. The diagnosis and 
    procedure information is reported by the hospital using codes from the 
    International Classification of Diseases, Ninth Edition, Clinical 
    Modification (ICD-9-CM). The Medicare fiscal intermediary enters the 
    information into its claims system and subjects it to a series of 
    automated screens called the Medicare Code Editor (MCE). These screens 
    are designed to identify cases that require further review before 
    classification into a DRG can be accomplished.
        After screening through the MCE and any further development of the 
    claims, cases are classified by the GROUPER software program into the 
    appropriate DRG. The GROUPER program was developed as a means of 
    classifying each case into a DRG on the basis of the diagnosis and 
    procedure codes and demographic information (that is, sex, age, and 
    discharge status). It is used both to classify past cases in order to 
    measure relative hospital resource consumption to establish the DRG 
    weights and to classify current cases for purposes of determining 
    payment. The records for all Medicare hospital inpatient discharges are 
    maintained in the Medicare Provider Analysis and Review (MedPAR) file. 
    The data in this file are used to evaluate possible DRG classification 
    changes and to recalibrate the DRG weights.
        Currently, cases are assigned to one of 492 DRGs in 25 major 
    diagnostic categories (MDCs). Most MDCs are based on a particular organ 
    system of the body (for example, MDC 6, Diseases and Disorders of the 
    Digestive System); however, some MDCs are not constructed on this basis 
    since they involve multiple organ systems (for example, MDC 22, Burns).
        In general, principal diagnosis determines MDC assignment. However, 
    there are five DRGs to which cases are assigned on the basis of 
    procedure codes rather than first assigning them to an MDC based on the 
    principal diagnosis. These are the DRGs for liver, bone marrow, and 
    lung transplant (DRGs 480, 481, and 495, respectively) and the two DRGs 
    for tracheostomies (DRGs 482 and 483). Cases are assigned to these DRGs 
    before classification to an MDC.
        Within most MDCs, cases are then divided into surgical DRGs (based 
    on a surgical hierarchy that orders individual procedures or groups of 
    procedures by resource intensity) and medical DRGs. Medical DRGs 
    generally are differentiated on the basis of diagnosis and age. Some 
    surgical and medical DRGs are further differentiated based on the 
    presence or absence of complications or comorbidities (hereafter CC).
        Generally, GROUPER does not consider other procedures; that is, 
    nonsurgical procedures or minor surgical procedures generally not 
    performed in an operating room are not listed as operating room (OR) 
    procedures in the GROUPER decision tables. However, there are a few 
    non-OR procedures that do affect DRG assignment for certain principal 
    diagnoses, such as extracorporeal shock wave lithotripsy for patients 
    with a principal diagnosis of urinary stones.
        We proposed to make several changes to the DRG classification 
    system for FY 1996. These proposed changes, the comments we received 
    concerning them, our responses to those comments, and the final DRG 
    changes, are set forth below.
    2. MDC 5 (Diseases and Disorders of the Circulatory System)
        a. Automatic Implantable Cardioverter Defibrillator (AICD) 
    Procedures (DRG 116). For several years, we have received 
    correspondence regarding the appropriate DRG assignment of certain 
    procedures involving automatic implantable cardioverter defibrillators 
    (AICDs). When a patient whose principal diagnosis is classified to MDC 
    5 (Diseases and Disorders of the Circulatory System) receives a total 
    AICD system implant or replacement (procedure code 37.94), the case is 
    assigned to DRG 104 or 105 (Cardiac Valve Procedures With or Without 
    Cardiac Catheterization). However, for discharges occurring before 
    October 1, 1992, if a procedure was performed that involved the 
    implantation or replacement of only part of the AICD system (that is, 
    replacement or implant of either the leads or pulse generator only), 
    the case was assigned to DRG 120 (Other Circulatory System OR 
    Procedures). Effective with discharges occurring on or after October 1, 
    1992, these procedures were reclassified to DRG 116 (Other Permanent 
    Cardiac Pacemaker Implant or AICD Lead or Generator Procedure). In the 
    proposed rule, we presented our analysis of AICD cases based on FY 1994 
    MedPAR data. We concluded that these cases continue to be appropriately 
    assigned to DRG 116. Therefore, we did not propose any further changes 
    to the DRG assignment. We received two public comments on our analysis 
    and conclusion.
        Comment: One commenter commended the continued assignment to DRG 
    116 of cases in which replacement or implantation of only part of the 
    AICD system is performed. However, the other commenter requested that 
    we change the DRG assignment for these cases to DRG 115 (Permanent 
    Cardiac Pacemaker Implantation with AMI, Heart Failure or Shock). The 
    second commenter stated that the resource use of these patients is 
    similar to those in DRG 115, even though the patients in DRG 115 have 
    much longer lengths of stay.
        Response: Since reassignment of these procedures to DRG 116, we 
    have annually analyzed the cases based on the most recent data. Based 
    on data in the latest update of the FY 1994 MedPAR file (June 1995), 
    the average standardized charge for the 2,569 AICD cases assigned to 
    DRG 116 is $27,806. The average standardized charge for all cases in 
    DRG 116 is $19,637 and for DRG 115, is $29,086. The $8,169 difference 
    between the average charge for AICD cases in DRG 116 and all cases in 
    DRG 116 is within the normal range of charges for that DRG. (One 
    standard deviation from the mean of the charges for DRG 116 is 
    $10,512.) We note that, compared to last year's analysis using FY 1993 
    MedPAR data, the average charge for the AICD cases has decreased 
    slightly as has the difference in charges between all cases in DRG 116 
    and the AICD cases.
        The average length of stay for the AICD cases in DRG 116 is 3.98 
    days compared to 5.89 days for all cases in DRG 116. However, the 
    length of stay for cases in DRG 115 is 11.8. In general, the patients 
    classified to DRG 115 are seriously ill and the long length of stay 
    supports this contention. We continue to believe that the AICD patients 
    are clinically much more similar to the patients classified to DRG 116 
    than to those in DRG 115 and that it is the cost of the AICD device 
    that is responsible for the high average charge for these cases and not 
    the intensity of hospital services required to treat the patient.
        In the September 1, 1994 final rule (59 FR 45346), we stated our 
    belief that as new AICD devices were approved by the FDA and entered 
    the market, increased competition would result in a decrease in the 
    price of the devices and a corresponding drop in the average charge for 
    a hospital stay for AICD procedures. Second and third generations of 
    several manufacturers' devices are now on the market. In addition, we 
    believe that the slight decrease in average charges seen in the FY 1994 
    data compared to the FY 1993 data is a direct result of hospitals' 
    ability to obtain AICD devices from multiple sources. (The increase in 
    
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    charges for AICD cases between the FY 1992 and FY 1993 data was 
    approximately $6,000.) Based on this evidence, we will continue to 
    assign the AICD implant cases to DRG 116 for FY 1996. However, we will 
    reassess this assignment as a part of our FY 1997 DRG analysis in order 
    to verify that the current pattern is maintained.
        b. Sympathectomy Procedures. When performed in connection with a 
    principal diagnosis assigned to MDC 5, procedure code 05.24 (presacral 
    sympathectomy) is assigned to DRGs 478 and 479 (Other Vascular 
    Procedures) 1. However, the four other sympathectomy procedures 
    related to MDC 5 diagnoses are classified to DRG 120 (Other Circulatory 
    System OR Procedures). In order to improve clinical consistency, we 
    proposed to assign procedure code 05.24 to DRG 120 rather than to DRGs 
    478 and 479.
    
        \1\ A single title combined with two DRG numbers is used to 
    signify pairs. Generally, the first DRG is for cases with CC and the 
    second DRG is for cases without CC. If a third number is included, 
    it represents cases of patients who are age 0-17. Occasionally, a 
    pair of DRGs is split on age >17 and age 0-17.
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        We received one comment on this proposal, which supported our 
    proposed change. Therefore, we are adopting this change as final.
    3. MDC 15 (Newborns and Other Neonates with Conditions Originating in 
    the Perinatal Period)
        In the September 1, 1994, final rule (59 FR 45341), we stated our 
    intention to improve the classification and relative weights of the 
    DRGs that apply to newborns, children, and maternity patients. Because 
    the Medicare population does not include many of these individuals, the 
    original DRG classification system was developed from analysis of 
    claims data representative of the total inpatient population. Non-
    Medicare discharge records from Maryland and Michigan hospitals were 
    used to calculate the original Medicare weights for the DRGs to which 
    newborns, children, and maternity patients are classified. Since that 
    time, because of the lack of Medicare data, these low-volume DRGs have 
    not been analyzed and refined, and the relative weights assigned to 
    them may no longer be entirely reflective of the resources needed to 
    treat patients.
        Accordingly, we have acquired hospital claims data representative 
    of the total inpatient population for analysis and evaluation. These 
    data, collected and formatted by the Urban Institute under contract 
    with HCFA (Contract 500-92-0024), represent claims for non-Medicare 
    payers from 19 States. The data base contains approximately 17 million 
    discharge records. Using these data, we are evaluating possible 
    modifications to MDC 15 that would better address the requirements for 
    an all-patient population.
        As we have not yet completed this evaluation, we did not propose an 
    MDC 15 DRG reclassification structure for FY 1996. However, we did 
    propose to adjust the DRG relative weights for 36 Medicare low-volume 
    DRGs (defined as those DRGs with fewer than 10 cases). These DRGs are 
    generally those assigned to patients age 0-17, many of the neonate and 
    newborn MDC 15 DRGs, and one DRG in MDC 14 (Pregnancy, Childbirth and 
    Puerperium). The proposed DRG relative weights for these low-volume 
    DRGs were calculated based on the non-Medicare data we acquired from 
    the 19 States. We note that, based on the June 1995 update to the FY 
    1994 MedPAR file, there are only 34 low-volume DRGs in the final 
    recalibration.
        During the year, we have received suggestions from the public 
    concerning improvements for the neonate DRG classifications. Among 
    these suggestions have been recommendations concerning specific 
    diagnoses that are currently considered significant problems in 
    determining the assignment of a neonate case to DRG 390 (Neonate with 
    Other Significant Problems) rather than DRG 391 (Normal Newborn). 
    Another issue is the assignment to MDC 15 of discharges with a 
    principal diagnosis of certain congenital defects regardless of the age 
    of the patient. Because the MDC 15 modifications that we are 
    considering should resolve these concerns, we did not propose to revise 
    the assignment of these diagnoses and conditions. Rather, we indicated 
    that we would incorporate the necessary and appropriate assignment of 
    these cases with our overall modification of the neonate DRGs.
        Comment: We received two comments on our proposal to base the 
    relative weights for low-volume DRGs on all patient data, both of which 
    supported our proposal. However, one of these commenters objected to 
    the proposed assignment of a weight of 0.1460 to DRG 391 (Normal 
    Newborn), the only DRG within MDC 15 for which the proposed relative 
    weight decreased compared to the previous year's weights. This 
    commenter stated that changes to the relative weight of DRG 391 should 
    be postponed until our evaluation of claims data has been completed.
        Response: In previous years, we computed the weight for the low-
    volume DRGs by adjusting the original weights of these DRGs as 
    calculated based on 1981 bills by the percentage change in the average 
    weight of the cases in the remaining DRGs. Thus, the weight for these 
    DRGs was not based solely on actual experience and was, in some cases, 
    artificially inflated. Using empirical data from more recent actual 
    claims resulted in figures that more accurately reflect current 
    utilization and resource use. We note that of the final 34 low-volume 
    DRGs, only 8 experienced an increase in relative weight based on the 
    all-patient data. Of these eight DRGs, four are in MDC 15. The decrease 
    in the relative weight for DRG 391 is the one exception within that 
    MDC. The decrease in weight is a function of the expanded data base and 
    the difference between applying an automatic percentage increase and 
    calculating a relative weight using an averaging process as we do for 
    the other DRGs. Taking into account the changes in practice for 
    treating normal newborns that have taken place over the last several 
    years, it is not surprising that the weight for DRG 391 has decreased.
        In any case, we see no reason why we should adjust all the low-
    volume weights to the new data except DRG 391. Therefore, we will 
    proceed with the proposed methodology for updating these weights.
    4. MDC 24 (Multiple Significant Trauma)
        Several years ago, we created a new MDC 24 to classify cases of 
    multiple significant trauma. In order to be assigned to this MDC, a 
    patient must have a principal diagnosis of trauma and at least two 
    significant trauma diagnosis codes from two different body sites 
    reported as either principal or secondary diagnoses. We recognize eight 
    different body site categories: head, chest, abdomen, kidney, urinary, 
    pelvis and spine, upper limb, and lower limb.
        It was brought to our attention that diagnosis code 851.06 
    (Cerebral cortex contusion with loss of consciousness of unspecified 
    duration) was excluded from the list of diagnoses that count as 
    principal or secondary diagnoses in the significant head trauma section 
    of MDC 24. Because this code is clinically similar to those already on 
    the list of principal or secondary diagnoses that cause assignment to 
    DRG 487 (Other Multiple Significant Trauma), we proposed to add this 
    diagnosis to the significant head trauma list effective with discharges 
    occurring on or after October 1, 1995.
        The one comment we received in response to this proposal stated 
    that the change was appropriate. Thus, we have 
    
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    included this change in the final DRG classifications.
    5. Surgical Hierarchies
        Some inpatient stays entail multiple surgical procedures, each one 
    of which, occurring by itself, could result in assignment of the case 
    to a different DRG within the MDC to which the principal diagnosis is 
    assigned. It is, therefore, necessary to have a decision rule by which 
    these cases are assigned to a single DRG. The surgical hierarchy, an 
    ordering of surgical classes from most to least resource intensive, 
    performs that function. Its application ensures that cases involving 
    multiple surgical procedures are assigned to the DRG associated with 
    the most resource-intensive surgical class.
        Because the relative resource intensity of surgical classes can 
    shift as a function of DRG reclassification and recalibration, we 
    reviewed the surgical hierarchy of each MDC, as we have for previous 
    reclassifications, to determine if the ordering of classes coincided 
    with the intensity of resource utilization, as measured by the same 
    billing data used to compute the DRG relative weights.
        A surgical class can be composed of one or more DRGs. For example, 
    in MDC 5, the surgical class ``heart transplant'' consists of a single 
    DRG (DRG 103) and the class ``coronary bypass'' consists of two DRGs 
    (DRGs 106 and 107). Consequently, in many cases, the surgical hierarchy 
    has an impact on more than one DRG. The methodology for determining the 
    most resource-intensive surgical class, therefore, involves weighting 
    each DRG for frequency to determine the average resources for each 
    surgical class. For example, assume surgical class A includes DRGs 1 
    and 2 and surgical class B includes DRGs 3, 4, and 5, and that the 
    average charge of DRG 1 is higher than that of DRG 3, but the average 
    charges of DRGs 4 and 5 are higher than the average charge of DRG 2. To 
    determine whether surgical class A should be higher or lower than 
    surgical class B in the surgical hierarchy, we would weight the average 
    charge of each DRG by frequency (that is, by the number of cases in the 
    DRG) to determine average resource consumption for the surgical class. 
    The surgical classes would then be ordered from the class with the 
    highest average resource utilization to that with the lowest, with the 
    exception of ``other OR procedures'' as discussed below.
        This methodology may occasionally result in a case involving 
    multiple procedures being assigned to the lower-weighted DRG (in the 
    highest, most resource-intensive surgical class) of the available 
    alternatives. However, given that the logic underlying the surgical 
    hierarchy provides that the GROUPER searches for the procedure in the 
    most resource-intensive surgical class, which may sometimes occur in 
    cases involving multiple procedures, this result is unavoidable.
        We note that, notwithstanding the foregoing discussion, there are a 
    few instances when a surgical class with a lower average relative 
    weight is ordered above a surgical class with a higher average relative 
    weight. For example, the ``other OR procedures'' surgical class is 
    uniformly ordered last in the surgical hierarchy of each MDC in which 
    it occurs, regardless of the fact that the relative weight for the DRG 
    or DRGs in that surgical class may be higher than that for other 
    surgical classes in the MDC. The ``other OR procedures'' class is a 
    group of procedures that are least likely to be related to the 
    diagnoses in the MDC but are occasionally performed on patients with 
    these diagnoses. Therefore, these procedures should only be considered 
    if no other procedure more closely related to the diagnoses in the MDC 
    has been performed.
        A second example occurs when the difference between the average 
    weights for two surgical classes is very small. We have found that 
    small differences generally do not warrant reordering of the hierarchy 
    since, by virtue of the hierarchy change, the relative weights are 
    likely to shift such that the higher-ordered surgical class has a lower 
    average weight than the class ordered below it.
        Based on the preliminary recalibration of the DRGs, we proposed to 
    modify the surgical hierarchy as set forth below:
         In MDC 2 (Diseases and Disorders of the Eye), we proposed 
    to reorder Extraocular Procedures Except Orbit (DRGs 40 and 41) above 
    Retinal Procedures (DRG 36).
         In MDC 8 (Diseases and Disorders of the Musculoskeletal 
    System and Connective Tissue), we proposed to reorder Major Thumb or 
    Joint Procedures or Other Hand or Wrist Procedures with CC (DRG 228) 
    above Major Shoulder/Elbow Procedures or Other Upper Extremity 
    Procedures with CC (DRG 223).
        We received one comment in support of both surgical hierarchy 
    changes. In addition, based on a test of the proposed changes using the 
    most recent MedPAR file and the revised GROUPER software, we have found 
    that the changes are still supported by the data and no additional 
    changes are indicated. Therefore, we are now incorporating the proposed 
    surgical hierarchy as final.
    6. Refinement of Complications and Comorbidities List
        a. Addition or Deletion of CCs. There is a standard list of 
    diagnoses that are considered complications or comorbidities (CCs). We 
    developed this list using physician panels to include those diagnoses 
    that, when present as a secondary condition, would be considered a 
    substantial complication or comorbidity. In preparing the original CC 
    list, a substantial CC was defined as a condition that, because of its 
    presence with a specific principal diagnosis, would increase the length 
    of stay by at least 1 day for at least 75 percent of the patients.
        Based upon clinical review by our medical consultants and analysis 
    of charge data, we proposed to revise the list of diagnoses that are 
    considered CCs as follows:
         We proposed to add diagnosis code 008.49 (Bacterial 
    enteritis) to the CC list. This diagnosis would be considered a CC for 
    any principal diagnosis not shown in Table 6f, Addition to the CC 
    Exclusions List (see discussion of CC Exclusions list in section V of 
    the addendum below).
         We proposed to delete diagnosis code 276.8 
    (Hypopotassemia) from the CC list. This diagnosis would no longer be 
    considered a CC for any principal diagnosis.
        Comment: We received one comment that supported our addition of 
    diagnosis code 008.49 to the list of CCs. However, two commenters 
    disagreed with our proposal to remove diagnosis code 276.8 from the 
    list. The commenters state that hypokalemia, which is one of the 
    conditions coded to 276.8, is a serious medical condition that can 
    complicate a patient's treatment and increase the length of stay.
        Response: We agree that severe cases of hypokalemia can affect a 
    patient's clinical course. However, based on our analyses and the 
    judgment of our expert medical advisors, we believe that when a patient 
    has a case of hypokalemia severe enough to affect the clinical course 
    of treatment, there will be additional manifestations of the condition. 
    Thus, we expect that in such cases, in addition to an abnormal 
    laboratory report finding of low potassium, the patient will have other 
    manifestations of this condition, many of which are coded to diagnoses 
    considered to be CCs. Therefore, we believe that a patient with severe 
    hypoalemia will be classified to a CC DRG based on his other secondary 
    diagnoses. However, an abnormal 
    
    [[Page 45783]]
    laboratory finding of low potassium, which is one of the conditions 
    coded to 276.8, does not by itself generally result in increased 
    resource use.
        Comment: One commenter requested that we add the following 
    diagnoses to the CC list:
    
    008.45  Clostridium difficile
    331.0  Alzheimer's disease
    423.9  Unspecified disease of the pericardium
    348.5  Cerebral edema
    333.4  Huntington's chorea
    458.0  Orthostatic hypotension
    458.9  Hypotension, not otherwise specified
    
        In addition, the commenter suggested that the following diagnoses 
    be added as CCs for DRGs 121 and 122 only:
    
    434.xx  Occlusion of cerebral arteries
    436  Acute but ill-defined, cerebrovascular disease
    
        Response: Our analysis of FY 1994 MedPAR data did not support 
    granting CC status to these diagnoses. However, we have limited 
    Medicare data on several of these codes. We will reevaluate these codes 
    as part of our DRG analysis for FY 1997.
        b. CC Exclusion List. We proposed a limited revision of the CC 
    Exclusions List to take into account the changes that will be made in 
    the ICD-9-CM diagnosis coding system effective October 1, 1995, as well 
    as the proposed CC changes in Section II.B.6.a. described above. (See 
    section II.B.8 for a discussion of the diagnosis coding system 
    changes.) The proposed revisions were made in accordance with the 
    principles established when we created the CC Exclusions List in 1987.
        Tables 6G and 6H in section V of the addendum to this final rule 
    contain the revisions to the CC Exclusions List that will be effective 
    for discharges occurring on or after October 1, 1995. Each table shows 
    the principal diagnoses with changes to the excluded CCs. Each of these 
    principal diagnoses is shown with an asterisk, and the additions or 
    deletions to the CC Exclusions List are provided in an indented column 
    immediately following the affected principal diagnosis.
        CCs that are added to the list are in Table 6G--Additions to the CC 
    Exclusions List. Beginning with discharges occurring on or after 
    October 1, 1995, the indented diagnoses will not be recognized by the 
    GROUPER as valid CCs for the asterisked principal diagnosis.
        CCs that are deleted from the list are in Table 6H--Deletions from 
    the CC Exclusions List. Beginning with discharges occurring on or after 
    October 1, 1995, the indented diagnoses will be recognized by the 
    GROUPER as valid CCs for the asterisked principal diagnosis.
        Copies of the original CC Exclusions List applicable to FY 1988 can 
    be obtained from the National Technical Information Service (NTIS) of 
    the Department of Commerce. It is available in hard copy for $84.00, 
    plus $6.00 for shipping and handling and on microfiche for $20.50, plus 
    $4.00 for shipping and handling. A request for the FY 1988 CC 
    Exclusions List (which should include the identification accession 
    number (PB) 88-133970) should be made to the following address: 
    National Technical Information Service; U.S. Department of Commerce; 
    5285 Port Royal Road, Springfield, VA 22161; or by calling (703) 487-
    4650.
        Users should be aware of the fact that all revisions to the CC 
    Exclusions List (FYs 1989, 1990, 1991, 1992, 1993, 1994, and 1995) and 
    those in Tables 6G and 6H of this document must be incorporated into 
    the list purchased from NTIS in order to obtain the CC Exclusions List 
    applicable for discharges occurring on or after October 1, 1995.
        Alternatively, the complete documentation of the GROUPER logic, 
    including the current CC Exclusions List, is available from 3M/Health 
    Information Systems (HIS), which, under contract with HCFA, is 
    responsible for updating and maintaining the GROUPER program. The 
    current DRG Definitions Manual, Version 13.0, which includes the 
    changes set forth in this final rule, is available for $195.00, which 
    includes $15.00 for shipping and handling. Manuals may be obtained by 
    writing 3M/HIS at: 100 Barnes Road; Wallingford, CT 06492; or by 
    calling (203) 949-0303.
    7. Review of Procedure Codes in DRGs 468, 476, and 477
        Each year, we review cases assigned to DRG 468 (Extensive OR 
    Procedure Unrelated to Principal Diagnosis), DRG 476 (Prostatic OR 
    Procedure Unrelated to Principal Diagnosis), and DRG 477 (Nonextensive 
    OR Procedure Unrelated to Principal Diagnosis) in order to determine 
    whether it would be appropriate to change the procedures assigned among 
    these DRGs.
        DRGs 468, 476, and 477 are reserved for those cases in which none 
    of the OR procedures performed is related to the principal diagnosis. 
    These DRGs are intended to capture atypical cases, that is, those cases 
    not occurring with sufficient frequency to represent a distinct, 
    recognizable clinical group. DRG 476 is assigned to those discharges in 
    which one or more of the following prostatic procedures are performed 
    and are unrelated to the principal diagnosis:
    
    60.0  Incision of prostate
    60.12  Open biopsy of prostate
    60.15  Biopsy of periprostatic tissue
    60.18  Other diagnostic procedures on prostate and periprostatic tissue
    60.2  Transurethral prostatectomy
    60.61  Local excision of lesion of prostate
    60.69  Prostatectomy NEC
    60.81  Incision of periprostatic tissue
    60.82  Excision of periprostatic tissue
    60.93  Repair of prostate
    60.94  Control of (postoperative) hemorrhage of prostate
    60.95  Transurethral balloon dilation of the prostatic urethra
    60.99  Other operations on prostate
    
        All remaining OR procedures are assigned to DRGs 468 and 477, with 
    DRG 477 assigned to those discharges in which the only procedures 
    performed are nonextensive procedures that are unrelated to the 
    principal diagnosis. The original list of the ICD-9-CM procedure codes 
    for the procedures we consider nonextensive procedures if performed 
    with an unrelated principal diagnosis was published in Table 6c in 
    section IV of the addendum to the September 30, 1988 final rule (53 FR 
    38591). As part of the final rules published on September 4, 1990, 
    August 30, 1991, September 1, 1992, September 1, 1993, and September 1, 
    1994, we moved several other procedures from DRG 468 to 477. (See 55 FR 
    36135, 56 FR 43212, 57 FR 23625, 58 FR 46279, and 59 FR 45336, 
    respectively.)
        a. Adding Procedure Codes to MDCs. We annually conduct a review of 
    procedures producing DRG 468 or 477 assignments on the basis of volume 
    of cases in these DRGs with each procedure. Our medical consultants 
    then identify those procedures occurring in conjunction with certain 
    principal diagnoses with sufficient frequency to justify adding them to 
    one of the surgical DRGs for the MDC in which the diagnosis falls. This 
    year's review did not identify any necessary changes; therefore, we did 
    not propose to move any procedures from DRG 468 or DRG 477 to one of 
    the surgical DRGs.
        b. Reassignment of Procedures Among DRGs 468, 476, and 477. We also 
    reviewed the list of procedures that produce assignments to each of DRG 
    468, 476, and 477 to ascertain if any of those procedures should be 
    moved to one of the other DRGs based on average charges and length of 
    stay. Generally, we move only those procedures for which we have an 
    adequate number of discharges to analyze the data. Based on 
    
    [[Page 45784]]
    our review this year, we proposed to move a limited number of 
    procedures.
        In reviewing the list of OR procedures that produce DRG 468 
    assignments, we analyzed the average charge and length of stay data for 
    cases assigned to that DRG to identify those procedures that are more 
    similar to the discharges that currently group to either DRG 476 or 
    477. We identified several procedures that are significantly less 
    resource intensive than the other procedures assigned to DRG 468. These 
    procedures occur in the same ``family'' (that is, they relate to 
    procedures on the same body part or system) and at least one of this 
    family of codes is already present within DRG 477. Therefore, we 
    proposed to move the following procedures to the list of procedures 
    that result in assignment to DRG 477:
    
    18.21  Excision of preauricular sinus
    18.31  Radical excision of lesion of external ear
    18.39  Other excision of external ear
    18.5  Surgical correction of prominent ear
    18.6  Reconstruction of external auditory canal
    18.71  Construction of auricle of ear
    18.72  Reattachment of amputated ear
    18.9  Other operations of external ear
    
        We conducted a similar analysis of the procedures that are assigned 
    to DRG 477 to determine if any of those procedures might more 
    appropriately be classified to DRG 468. Again, we analyzed charge and 
    length of stay data to identify procedures that were more similar to 
    discharges assigned to DRG 468 than to those classified in DRG 477. We 
    did not identify any procedures in DRG 477 that should be assigned to 
    DRG 468.
        Comment: We received one comment that objected to our proposed move 
    of procedure codes 18.21, 18.31, 18.39, 18.5, 18.6, 18.71, 18.72, 18.9 
    from DRG 468 to DRG 477. The commenter did not indicate the basis of 
    the objections.
        Response: In analyzing the procedures that produce assignments to 
    each of DRG 468, 476, and 477 for possible reassignment, we evaluate 
    both average charge and length of stay, as well as clinical evaluation 
    to determine the appropriate classification. These procedure codes were 
    significantly less resource intensive than other procedures assigned to 
    DRG 468, and more closely resembled the average charge and length of 
    stay for procedures classified to DRG 477. Our data continue to support 
    the reclassification of these procedures to DRG 477. Therefore, we are 
    reassigning these procedures from DRG 468 to DRG 477 as proposed.
        All of the reassignments of procedures in DRGs 468 and 477 will be 
    effective with discharges occurring on or after October 1, 1995.
    8. Changes to the ICD-9-CM Coding System
        As discussed above in section II.B.1 of this preamble, the ICD-9-CM 
    is a coding system that is used for the reporting of diagnoses and 
    procedures performed on a patient. The ICD-9-CM Coordination and 
    Maintenance Committee, a Federal interdepartmental committee formed in 
    1985, is charged with the mission of maintaining and updating the ICD-
    9-CM. That mission includes approving coding changes, and developing 
    errata, addenda, and other modifications to the ICD-9-CM to reflect 
    newly developed procedures and technologies and newly identified 
    diseases. The Committee is also responsible for promoting the use of 
    Federal and non-Federal educational programs and other communication 
    techniques with a view toward standardizing coding applications and 
    upgrading the quality of the classification system.
        The Committee is co-chaired by the National Center for Health 
    Statistics (NCHS) and HCFA. The NCHS has lead responsibility for the 
    ICD-9-CM diagnosis codes included in Volume 1--Diseases: Tabular List 
    and Volume 2--Diseases: Alphabetic Index, while HCFA has lead 
    responsibility for the ICD-9-CM procedure codes included in Volume 3--
    Procedures: Tabular List and Alphabetic Index.
        The Committee encourages participation in the above process by 
    health-related organizations. In this regard, the Committee holds 
    public meetings for discussion of educational issues and proposed 
    coding changes. These meetings provide an opportunity for 
    representatives of recognized organizations in the coding fields, such 
    as the American Health Information Management Association (AHIMA) 
    (formerly American Medical Record Association (AMRA)), the American 
    Hospital Association (AHA), and various physician specialty groups as 
    well as physicians, medical record administrators, health information 
    management professionals, and other members of the public to contribute 
    ideas on coding matters. After considering the opinions expressed at 
    the public meetings and in writing, the Committee formulates 
    recommendations, which then must be approved by the agencies.
        The Committee presented proposals for FY 1996 coding changes at 
    public meetings held on May 5 and December 1 and 2, 1994, and finalized 
    the coding changes after consideration of comments received at the 
    meetings and in writing within 30 days following the December 1994 
    meeting. The initial meeting for consideration of coding issues for 
    implementation in FY 1997 was held on May 4, 1995. Copies of the 
    minutes of these meetings may be obtained by writing to one of the co-
    chairpersons representing NCHS and HCFA. We encourage commenters to 
    address suggestions on coding issues involving diagnosis codes to: Sue 
    Meads, Co-Chairperson; ICD-9-CM Coordination and Maintenance Committee; 
    NCHS; Rm. 9-58; 6525 Belcrest Road; Hyattsville, MD 20782.
        Questions and comments concerning the procedure codes should be 
    addressed to: Patricia E. Brooks, Co-Chairperson; ICD-9-CM Coordination 
    and Maintenance Committee; HCFA, Office of Hospital Policy; Division of 
    Prospective Payment System; Room C5-06-27; 7500 Security Boulevard; 
    Baltimore, MD 21244-1850.
        The ICD-9-CM code changes that have been approved will become 
    effective October 1, 1995. The new ICD-9-CM codes are listed, along 
    with their DRG classifications, in Tables 6a and 6b (New Diagnosis 
    Codes and New Procedure Codes, respectively) in section V of the 
    addendum to this final rule. As we stated above, the code numbers and 
    their titles were presented for public comment in the ICD-9-CM 
    Coordination and Maintenance Committee meetings. Both oral and written 
    comments were considered before the codes were approved. Therefore, we 
    solicited comments on the proposed DRG classifications only.
        Further, the Committee has approved the expansion of certain ICD-9-
    CM codes to require an additional digit for valid code assignment. 
    Diagnosis codes that have been replaced by expanded codes, other codes, 
    or have been deleted, are in Table 6c (Invalid Diagnosis Codes). The 
    procedure codes that have been replaced by expanded codes or have been 
    deleted are in Table 6d (Invalid Procedure Codes). These invalid 
    diagnosis and procedure codes will not be recognized by the GROUPER 
    beginning with discharges occurring on or after October 1, 1995. The 
    corresponding new or expanded codes are included in Tables 6a and 6b. 
    Revisions to diagnosis and procedure code titles are in Tables 6e 
    (Revised Diagnosis Code Titles) and 6f (Revised Procedure Code Titles), 
    which also include the DRG assignments for these revised codes.
        There are three new procedure codes that were previously included 
    in codes 
    
    [[Page 45785]]
    classified as operating room procedures even though the specific 
    procedures specified by the new codes may not be routinely performed in 
    an operating room. The three codes are as follows:
    
    48.36  [Endoscopic] polypectomy of rectum
    59.72  Injection of implant into urethra and/or bladder neck
    92.3  Stereotactic radiosurgery
    
        In the proposed rule, these three new codes were classified as non-
    OR procedures that affect DRG assignment and are indicated as such in 
    Table 6b--New Procedure Codes. We will continue to assign these three 
    codes to the surgical DRGs to which they are currently assigned.
        Comment: We received over 700 comments requesting that we assign 
    cases involving the insertion of a coronary artery stent along with 
    percutaneous transluminal coronary angioplasty (PTCA) to a different 
    DRG than conventional PTCA. These cases are all currently assigned to 
    DRG 112 (Percutaneous Cardiovascular Procedures). The commenters stated 
    that hospital costs for inserting coronary stents along with an 
    angioplasty are significantly greater than those for conventional 
    angioplasty alone and the clinical results of the stent implantation 
    are significantly better, leading to a reduction in the need for repeat 
    interventions and to improved quality of care. These comments are based 
    on two studies that were published in the August 25, 1994, New England 
    Journal of Medicine as well the results of an analysis commissioned by 
    the manufacturer of one of the two stent devices currently approved by 
    the Food and Drug Administration (FDA).
        In this latter analysis, the contractor used the Medicare cases 
    reported to DRG 112 in the FY 1994 MedPAR file and information provided 
    voluntarily by 19 hospitals on interventional catheter procedures 
    performed between July 1, 1994, and September 30, 1994, including 
    information on coronary stent implantation. By matching the individual 
    hospital data to the MedPAR file, the contractor identified 655 cases 
    of PTCA, 68 of which involved insertion of a stent device. The 
    following are the findings of the analysis:
         The difference between the average length of stay for the 
    stent cases and the non-stent cases is 2.8 days (7.7 days versus 4.9 
    days).
         The difference between the average standardized charges 
    for stent cases and non-stent cases was approximately $8,500 ($22,500 
    versus $14,000).
         The contractor projects that approximately 10 percent of 
    the PTCA cases assigned to DRG 112 during FY 1996 will receive a stent, 
    resulting in approximately 10,000 stent cases.
        One commenter stated that section 1886(d)(4)(C) of the Act gives 
    HCFA the authority to adjust the DRG classifications and relative 
    weights annually to ``reflect changes in treatment patterns, 
    technology, and other factors that may change the relative use of 
    hospital resources.'' Because insertion of the coronary stent is both a 
    new technology and a change in treatment patterns, the commenter 
    believes that we have a duty to revise the DRG classification for this 
    procedure.
        The commenter also noted that we have used this authority in the 
    past, citing two other changes made in response to technology changes. 
    Effective for discharges occurring in FY 1993, we reclassified certain 
    automatic implantable cardiac defibrillator (AICD) cases from DRG 120 
    (Other Circulatory System OR Procedures) to DRG 116 (Other Permanent 
    Cardiac Pacemaker Implant or AICD Lead or Generator Procedure). (See 57 
    FR 39749, September 1, 1992.) The commenter stated that this change was 
    made in response to complaints that hospitals were not adequately 
    compensated for these procedures. Also, effective for discharges 
    occurring in FY 1987, we reclassified all extracorporeal shockwave 
    lithotripsy (ESWL) cases to DRG 323 (Urinary Stones with CC and/or 
    ESWL) even in the absence of a CC (which would have resulted in 
    classification to DRG 324 (Urinary Stones without CC)). (See 51 FR 
    31485, September 3, 1986.) The commenter stated that we made this 
    change even though we did not conduct an analysis of Medicare data and 
    instead relied on an outside source for the analysis. Thus, the 
    commenter believes that HCFA could make a change in the assignment of 
    stent cases even though HCFA cannot, at this time, conduct a complete 
    analysis based on Medicare data. The commenter requested that a 
    separate DRG be created for coronary stent implantation and that 
    payment be established at a level that is appropriate for the cost of 
    the procedure.
        We received one comment supporting our proposed assignment of 
    coronary stent implant as non-OR. The commenter stated that the 
    published studies that were the basis for FDA approval do not show an 
    overwhelming improvement in any clinical event when a stent was used in 
    place of balloon PTCA. Thus, the commenter believes that it is obvious 
    that coronary stenting is not a ``good buy,'' and further studies are 
    needed.
        Response: Currently, the insertion of coronary stents are included 
    in the codes for PTCA (procedure codes 36.01, 36.02, and 36.05). That 
    is, there is no separate code to indicate that a coronary stent was 
    inserted during a PTCA procedure. Therefore, at this time, we cannot 
    identify which PTCA cases in the MedPAR file include insertion of a 
    stent. Effective October 1, 1995, a new procedure code for insertion of 
    a coronary stent (code 36.06) will be introduced. We have designated 
    this code as non-OR and have not assigned it to a specific DRG (see 
    Table 6b in section V of the addendum to this final rule). However, 
    since it is always performed in connection with PTCA, the cases will 
    continue to be assigned to DRG 112.
        When a new code is introduced, our longstanding practice is to 
    assign it to the same DRG category as its predecessor code. One 
    compelling reason for this practice is our inability to move the cases 
    associated with a new code to a new DRG assignment as part of DRG 
    reclassification and recalibration. We have discussed this policy in 
    several previous rules, most recently in the September 1, 1994, final 
    rule (59 FR 45340).
        Since coronary angioplasty with stent is currently assigned 
    currently to the same DRG as those without stent, this classification 
    will continue until data on the new procedure code are available. 
    Hospitals will begin coding claims with procedure code 36.06 beginning 
    with discharges in FY 1996. Therefore, the resource use and other data 
    associated with that code will be available to us for analysis as part 
    of the FY 1998 DRG changes. We will evaluate the DRG assignment of 
    coronary stent insertion at that time.
        We agree with the commenter who stated that section 1886(d)(4)(C) 
    of the Act gives HCFA the authority to adjust DRG classification and 
    relative weights. In fact, that section of the law requires that the 
    Secretary adjust the DRG classifications and relative weights annually. 
    However, we virtually always limit our adjustments to those that are 
    supported by Medicare data we have collected through the claims 
    submittal process. Although the change in DRG assignment for AICD 
    procedures was requested by commenters because they did not believe 
    that the payment associated with DRG 120 was adequate compensation, the 
    revision in DRG assignment was based on our analysis of the FY 1991 
    MedPAR data. In fact, we had conducted other analyses of these cases in 
    several previous years that did not support a DRG change. (See final 
    rules published September 1, 1989 (54 
    
    [[Page 45786]]
    FR 36465), September 4, 1990 (55 FR 36023), and August 30, 1991 (56 FR 
    43216).)
        Concerning the change for ESWL cases made effective October 1, 
    1986, we note that this revision was made in response to a ProPAC 
    recommendation and was based on ProPAC's analysis, which found that 
    payment under DRG 324 substantially understated the cost of ESWL. As 
    discussed in detail in the September 3, 1986 final rule, a commenter 
    had requested that the ESWL cases be assigned to a separate DRG based 
    on a study conducted by the National Health Services and Practice 
    Pattern Survey (51 FR 31486). Our response was that we are generally 
    opposed to the creation of a single procedure DRG and that ``. . . this 
    avenue should be employed only if there is substantial evidence of 
    inequity through classification in any of the existing clinically 
    consistent groupings.'' In addition, we stated that we intended ``. . . 
    to monitor ESWL closely as Medicare data become available. If it 
    becomes apparent that reclassification is necessary in the future, we 
    will consider the alternative of developing a specific DRG for ESWL 
    among the options for reclassification.'' We note that, since 1986, the 
    assignment of ESWL has never been revised.
        We intend to maintain the non-OR designation of procedure code 
    36.06 until we have collected claims data from all hospitals performing 
    this procedure, which will be available in 1997. We will carefully 
    examine these data as part of our analysis of DRG changes for FY 1998 
    and we will discuss our findings in the FY 1998 proposed rule.
    9. DRG Refinements
        For several years, we have been analyzing major refinements to the 
    DRG classification system to compensate hospitals more equitably for 
    treating severely ill Medicare patients. These refinements, generally 
    referred to as severity of illness adjustments, would create DRGs 
    specifically for hospital discharges involving very ill patients who 
    consume far more resources than do other patients classified to the 
    same DRGs in the current system. This approach has been taken by 
    various other groups in refining the Medicare DRG system to include 
    severity measurements, most notably the research done for Yale, the 
    changes incorporated by the State of New York into its all patient (AP) 
    DRG system, and the all-patient refined (APR) DRGs, which are a joint 
    effort of 3M/HIS and the National Association of Children's Hospitals 
    and Related Institutions.
        In the May 27, 1994, proposed rule, we announced the availability 
    of a paper we had prepared that describes our preliminary severity DRG 
    classification system as well as the analysis upon which our proposal 
    was formulated. Comments were due to HCFA by September 30, 1994. We 
    received 99 individual letters commenting on the DRG refinements. Many 
    of the commenters supported the change in theory, but there were 
    numerous specific comments on the methodology.
        Our plan was to incorporate comments and suggestions we received 
    and to consider proposing the complete revised DRG system as part of 
    the FY 1996 prospective payment system proposed rule. However, as the 
    final rule published on September 1, 1992 (57 FR 39761) indicated, we 
    would not propose to make significant changes to the DRG classification 
    system unless we were able either to improve our ability to predict 
    coding changes by validating in advance the impact that potential DRG 
    changes may have on coding behavior, or to make methodological changes 
    to prevent building the inflationary effects of the coding changes into 
    future program payments.
        Besides the mandate of section 1886(d)(4)(C)(iii) of the Act, which 
    provides that aggregate payments may not be affected by DRG 
    reclassification and recalibration changes, we do not believe it is 
    prudent policy to make changes for which we cannot predict the effect 
    on the case-mix index and, thus, payments. Our goal is to refine our 
    methodology so that we can fulfill, in the most appropriate manner, 
    both the statutory requirement to make appropriate DRG classification 
    changes and to recalibrate DRG relative weights (as mandated by section 
    1886(d)(4)(C) of the Act) as well as to make DRG changes in a budget 
    neutral manner.
        One approach to this problem would be to maintain the average case 
    weight at 1.0 after recalibration, thereby eliminating the process of 
    normalization. In other words, after recalibration, we would not scale 
    the new relative weights upward to carry forward the cumulative effects 
    of past case-mix increases. We would, instead, make an adjustment or 
    include in the annual update factor a specific allowance for any real 
    case-mix change that occurred during the previous year. This is a 
    relatively simple and straightforward system for preventing the effects 
    of year-to-year increase in the case-mix index from accumulating in the 
    DRG weights and to account for expected changes in coding practice. In 
    addition, we are exploring a means of estimating anticipated case-mix 
    change due to changes in coding practice that are a result of DRG 
    classification revisions. (See section VII.E of this preamble for a 
    more detailed description of this process in response to a ProPAC 
    recommendation.) However, since we have not yet resolved these issues, 
    we were unable to propose our refined DRG severity system for FY 1996. 
    We will continue to analyze the comments we received and validate our 
    previous research with later MedPAR data. We remain committed to 
    proposing our revised system as soon as possible.
        We received several comments on our plan to introduce refinements 
    to the DRG classification to include a measure of severity. In general, 
    these comments were supportive of the concept of a severity-adjusted 
    DRG system to improve compensation for the treatment of severely ill 
    patients.
        Comment: One commenter supported HCFA's decision to postpone a 
    final proposal until all related issues were resolved. Another 
    commenter stated we should not postpone new refinements on the basis of 
    political reasons that arise due to shifts in payments. Other 
    commenters, while stating appreciation of our desire to predict 
    beforehand the effect of severity changes on coding behavior, urged us 
    to resolve the issues regarding the effect of severity-adjusted DRGs on 
    case mix, payment, and budget neutrality. One commenter stated we 
    should set standards for ``predictive accuracy'' that are reasonable 
    and attainable.
        Response: We continue to maintain our position that, until we can 
    improve our ability to predict coding changes, or prevent inflationary 
    effects of coding change through methodological changes to DRG 
    recalibration, we will not propose any significant changes to the DRG 
    classification system. However, we note that we have continued to 
    evaluate approaches to resolve this issue.
        One approach to improving our ability to predict coding changes is 
    to develop a data base of abstracted medical records to be used to 
    estimate the real and coding components of case-mix change and to 
    forecast future coding improvements. As we stated in the proposed rule 
    (60 FR 29247), HCFA has recently implemented a record reabstracting 
    process being conducted by two clinical data abstraction centers 
    (CDACs) under contract with the Health Standards and Quality Bureau 
    (HSQB). This will provide a data base consisting of 30,000 records per 
    year. When we have evaluated the results of this reabstracting effort, 
    we will determine if it is suitable for predicting coding 
    
    [[Page 45787]]
    behavior. We believe we are proceeding at an appropriate pace that will 
    result in both reasonable and attainable predictive standards.
        As to the statement that HCFA should not postpone DRG refinements 
    because of political reasons due to payment shifts, we note that we are 
    constricted by the mandate of section 1886(d)(4)(C)(iii) of the Act, 
    which provides that aggregate payments may not be affected by DRG 
    reclassification and recalibration changes. We have experienced severe 
    inflationary effects in prior years (see the September 1, 1989, final 
    rule for a discussion of the inflationary effect of the FY 1987 DRG 
    changes (54 FR 36468)), and reiterate our position that it would not be 
    prudent payment policy to make changes for which we cannot predict nor 
    control the effects.
        Comment: One commenter recommended that HCFA issue a GROUPER that 
    includes the severity refinements for review and comment by the 
    industry.
        Response: We believe it would be neither cost effective nor 
    efficient to issue a GROUPER preliminary to a decision to proceed with 
    the severity refinements. Thus, because the severity methodology is 
    still in the preliminary planning stages, we have not prepared a public 
    use GROUPER for release. The figures used in the initial analysis will 
    be subject to change based on more current data and to modification 
    based on comments received. At such time as the severity-adjusted 
    methodology is officially implemented, a GROUPER will be made 
    available. This is consistent with HCFA policy on the availability of 
    GROUPER software for other modifications to the DRG classification 
    system. We note that we made a complete FY 1992 MedPAR file with the 
    current and revised (severity) DRG designations available to the public 
    as part of the May 27, 1994 proposed rule (59 FR 27756).
    10. Other Issues
        a. Epilepsy (DRGs 24, 25, and 26). Comment: We received two 
    comments concerning the classification in DRGs 24, 25, and 26 (Seizure 
    and Headache) of patients with intractable epilepsy, specifically those 
    admitted for neurodiagnostic monitoring. The commenters believe that a 
    revision to the existing DRGs is necessary to account for the greater 
    resource use and length of stay for these patients. The commenters 
    stated that the financial risk is greatest in DRG 25, the DRG most 
    commonly used by specialized centers to evaluate patients, and that 
    these patients are typically under age 40.
        The commenters referred to an analysis conducted by HCFA based on 
    FY 1993 Medicare data that indicated that the charges for cases 
    assigned to DRG 25 were twice as great per patient for intractable 
    epilepsy patients with monitoring than for all other patients in that 
    DRG. This analysis was discussed in the September 1, 1994, final rule 
    (59 FR 45343). Based on these results, the commenters argue that a 
    change in the DRG classification system for FY 1996 is imperative, 
    using the following criteria to classify patients into a separate DRG:
         A diagnosis of intractable epilepsy (diagnosis codes 345.0 
    through 345.9, with a 5th digit of 1); and
         Procedure code 89.19 for video and radio-telemetered 
    monitoring.
        In addition, one commenter noted that the relatively low volume of 
    cases of intractable epilepsy with telemetered monitoring (fewer than 
    500) is not a valid objection to establishing a separate DRG for these 
    cases because there are currently over 70 DRGs with 500 or fewer cases.
        Response: The epilepsy treatment community has for some time 
    expressed concern that the resources used to treat intractable epilepsy 
    patients far exceeded those needed for other patients in the same DRGs, 
    and that Medicare payment is inadequate to meet these costs. We have 
    addressed the issue of Medicare payment for intractable epilepsy cases 
    for the past 4 years. As a result of our previous analyses, we 
    concluded that although intractable epilepsy patients incur higher 
    average charges than other patients in the same DRGs, there is neither 
    sufficient differential in the charges nor sufficient volume to warrant 
    a DRG change.
        We updated our most recent study and evaluated the March 1995 
    update of the FY 1994 MedPAR file. We identified 2,385 intractable 
    epilepsy cases with an average charge of $9,084, compared to an average 
    charge of $7,636 for all patients in the same DRGs (that is, DRGs 24, 
    25, and, 26).
        We note that, although the incidence of inpatient admissions for 
    all cases of epilepsy decreased nearly 30 percent in FY 1993, in FY 
    1994 intractable epilepsy inpatient admissions increased by a little 
    over 4 percent, with nonintractable epilepsy admissions continuing to 
    decrease (down 21 percent). The largest increase in admissions occurred 
    in DRG 25, up more than 16 percent. Nonintractable epilepsy cases 
    incurred an average charge of $7,458, for 10,536 cases.
        The following table summarizes our most recent epilepsy analysis 
    findings, comparing the average charges between epilepsy and other 
    cases assigned to the same DRG (the number of cases is included in 
    parentheses):
    
    ----------------------------------------------------------------------------------------------------------------
                                             Intractable       Nonintractable                                       
                     DRG                       epilepsy           epilepsy         All epilepsy        All cases    
    ----------------------------------------------------------------------------------------------------------------
    24..................................            $11,083             $8,626             $8,937             $8,649
                                                    (1,065)            (7,342)            (8,407)           (58,726)
    25..................................              7,471              4,762              5,555              4,946
                                                    (1,320)            (3,190)            (4,510)           (22,121)
    26..................................                  0            $13,060            $13,060              7,834
                                                        (0)                (4)                (4)               (43)
    All cases...........................              9,084              7,458              7,758              7,636
                                                    (2,385)           (10,536)           (12,921)           (80,890)
    ----------------------------------------------------------------------------------------------------------------
    
        Based on the recommendation of the commenters, we focused our 
    analysis on DRG 25, with and without video-telemetered monitoring 
    (procedure code 89.19). Our results parallel the expectations of the 
    commenters. That is, patients with intractable epilepsy who receive 
    monitoring incur charges significantly higher than both intractable 
    cases without monitoring and nonintractable cases with monitoring. 
    Also, this differential is greatest in DRG 25, with an average charge 
    of $11,088 for intractable patients with monitoring compared to $5,397 
    for intractable patients not receiving monitoring. We note that the 
    number of intractable epilepsy inpatient admissions has increased over 
    last year; the number of cases with monitoring has increased almost 34 
    percent in DRG 25. Thus, it would appear that access to care is not 
    being jeopardized, particularly in this area over which 
    
    [[Page 45788]]
    commenters expressed the greatest concern. It is notable, also, that 
    the charges for treating intractable epilepsy patients with monitoring 
    increased 9 percent, while the cost of treating these patients without 
    monitoring decreased 2 percent. The results of our analysis of DRG 25 
    are summarized in the following table:
    
    ------------------------------------------------------------------------
                                                 Intractable  Nonintractable
                        DRG                        epilepsy      epilepsy   
    ------------------------------------------------------------------------
    24 with 89.19..............................     $14,299         $9,826  
                                                      (107)           (35)  
    24 without 89.19...........................      10,724          8,620  
                                                      (958)        (7,307)  
    25 with 89.19..............................      11,088          7,454  
                                                      (481)           (88)  
    25 without 89.19...........................       5,397          4,685  
                                                      (839)        (3,102)  
    26 with 89.19..............................           0              0  
                                                        (0)            (0)  
    26 without 89.19...........................           0         13,060  
                                                        (0)            (4)  
    ------------------------------------------------------------------------
    
        As we did last year, we evaluated the experience of intractable 
    epilepsy patients under age 65 in DRG 25. These patients qualify for 
    Medicare benefits on the basis of disability rather than age. We 
    focused our analysis on DRG 25 because patients admitted for 
    neurodiagnostic monitoring must be relatively healthy and, thus, do not 
    usually have any complicating conditions. Again, we found that those 
    patients under 65 years of age with intractable epilepsy and 
    telemetered monitoring (454 cases) incurred higher average charges 
    ($11,330) than similar patients (27 cases) over 65 ($7,030).
        The results of our analysis of DRG 25 by age category are as 
    follows:
    
    ------------------------------------------------------------------------
         DRG 25           Age <65 age="">65       All ages    
    ------------------------------------------------------------------------
    All Epilepsy...             $6,002             $4,911             $5,555
                               (2,659)            (1,851)            (4,510)
    All Intractable              7,757              5,383              7,470
                               (1,161)              (159)            (1,320)
    Intractable                                                             
     with 89.19....             11,330              7,030             11,088
                                 (454)               (27)              (481)
    Intractable                                                             
     without 89.19.              5,464              5,046              5,397
                                 (707)              (132)              (839)
    All                                                                     
     Nonintractable              4,643              4,867              4,762
                               (1,498)            (1,692)            (3,190)
    Nonintractable                                                          
     with 89.19....              7,679              5,699              7,454
                                  (78)               (10)               (88)
    Nonintractable                                                          
     without 89.19.              4,476              4,862              4,685
                               (1,420)            (1,682)            (3,102)
    ------------------------------------------------------------------------
    
        We also reviewed the intractable cases where sphenoidal electrodes 
    were inserted and identified 62 cases, with an average charge of 
    $12,220. It is interesting to note that while there was more than a 14 
    percent increase in the incidence of these cases, the average charge 
    actually decreased. These patients continue to incur higher charges 
    than those with video-telemetered monitoring.
        We note that, as a group, the intractable epilepsy cases are not 
    the most resource intensive set of cases assigned to DRGs 24, 25, and 
    26. The highest volume of epilepsy cases are coded 345.3 (Epilepsy, 
    Grand Mal status), with 5,608 cases and an average charge of $12,054. 
    Of the epilepsy diagnoses, the average charge for grand mal epilepsy is 
    exceeded only by intractable epilepsy partialis continua (diagnosis 
    code 345.71) with an average charge of $13,095, but only 94 cases.
        In response to the commenters' contention that epilepsy centers are 
    at financial risk, we also evaluated the distribution of epilepsy cases 
    across hospitals. There were 740 hospitals treating intractable 
    epilepsy patients: approximately 55 percent treated only one patient; 
    an additional 20 percent treated 2 patients; and 7 percent treated 3 
    patients. Of the providers treating 10 or more cases of intractable 
    epilepsy (7 percent or 52 hospitals), 34 treated more than 20 
    intractable cases (approximately 5 percent of the total providers). 
    Recognized epilepsy specialty centers accounted for about 3 percent of 
    total intractable admissions (24 epilepsy center providers). As in our 
    prior analyses, we found that among the high volume hospitals, charges 
    for these cases were normally distributed, with only 21 percent 
    incurring charges greater than the average charge for intractable 
    epilepsy cases with telemetered monitoring, and 33 percent above the 
    average for all epilepsy cases. Accounting for those cases that fall 
    within the average range, 69 percent of the providers incurred average 
    charges below the overall average for intractable cases with 
    monitoring, and 61 percent incurred charges below the average for all 
    epilepsy cases.
        Of the 30 recognized epilepsy treatment centers, only 24 reported 
    any intractable epilepsy discharges in FY 1994. Approximately 71 
    percent (17 of 24 centers) treated 10 or more cases. However, of the 
    total 2,385 intractable epilepsy cases, only 20 percent (477 cases) 
    were treated at epilepsy centers. There were 16 centers (67 percent) 
    with average charges at or below the average charge of $9,084 for all 
    intractable epilepsy cases; only 8 centers incurred average charges 
    above the intractable average charge for treating intractable epilepsy 
    cases.
        As we have stated in previous final rules, we acknowledge that, 
    even though the volume of hospitals is small, many hospitals treating 
    high numbers of intractable epilepsy patients may incur charges above 
    the average. This is particularly true for the specialized treatment 
    centers. However, we note that these hospitals are, for the most part, 
    large urban or teaching hospitals or both and, as such, receive some of 
    the highest Medicare payment rates.
        We are not recommending any DRG modification for epilepsy cases at 
    this time. Although the intractable epilepsy cases, especially those 
    using procedure 89.19, result in higher charges than other cases in the 
    same DRGs, neither the volume nor the differential in average charges 
    is sufficient to justify a separate DRG for these patients.
        Concerning the comment that there are over 70 DRGs with fewer than 
    500 cases, we note that the vast majority of these lower volume DRGs 
    (59 out of 89 for FY 1994) are for patients age 0 to 17 years, or are 
    located in MDC 14 (Pregnancy, Childbirth, and Puerperium) or MDC 15 
    (Newborns and Other Neonates with Conditions Originating in the 
    Perinatal Period). None of these is reflective of the Medicare 
    population, who are primarily 
    
    [[Page 45789]]
    age 65 or older. Many of the remaining lower volume DRGs are for cases 
    that are generally no longer performed in the hospital inpatient 
    setting. That is, they are assigned to surgical procedures that have 
    moved from being generally performed in the inpatient setting to being 
    performed in an outpatient setting. A few remaining DRGs were 
    established during the initial classification of cases and were 
    determined to have no other clinically appropriate DRG assignment (for 
    example, DRG 43 (Hyphema)). This is not true for epilepsy cases, which 
    are clinically similar to other cases in the DRGs to which they are 
    currently assigned.
        Comment: One commenter expressed concern that, in order to ensure 
    access to care, DRG revisions must occur to account for the higher 
    charges incurred by intractable epilepsy patients receiving 
    neurodiagnostic monitoring.
        Response: We believe that the increase in the number of intractable 
    epilepsy cases overall (up 4 percent) and the 27 percent increase in 
    intractable epilepsy admissions for video-telemetered monitoring are 
    evidence that access to care is adequate for these patients. Also, a 
    hospital may not refuse to provide a covered service to a Medicare 
    beneficiary if it provides that service to other patients. 
    Specifically, the Medicare regulations at 42 CFR 489.53(a)(2) provide 
    that HCFA may terminate a hospital's Medicare provider agreement if it 
    finds that the hospital places restrictions on the persons it accepts 
    for treatment and fails to apply them to Medicare beneficiaries the 
    same as to all other persons seeking care.
        Comment: One commenter noted that many other payers utilize 
    Medicare's DRG classification system, causing an even greater financial 
    loss attributable to treating intractable epilepsy patients because of 
    an arguably inadequate DRG payment.
        Response: We have regularly cautioned against the use of the DRG 
    classification system for populations other than the one for which it 
    was designed. Medicare serves a predominantly elderly population, and, 
    thus, the assignment of cases reflects the unique needs and conditions 
    of this age group. To attempt to classify other populations within this 
    structure may result in inappropriate designation of cases. We do not 
    believe that we should develop a system that reflects the experience of 
    another patient group and expect to apply such categorizations to the 
    elderly population. Nor can we assume responsibility for other payers 
    who may attempt to use the Medicare classification system for 
    populations for which it was not intended.
        b. Cochlear Implants (DRG 49). Comment: We received one comment 
    regarding cochlear implants. The commenter expressed concern that the 
    proposed weight for DRG 49 (Major Head and Neck Procedures) is 
    insufficient to compensate hospitals for the cost of providing the 
    cochlear implant to Medicare patients. The commenter is concerned that 
    this will exacerbate a growing access problem for those who need the 
    device. The commenter stated that several hospitals each year have 
    determined that the loss suffered in providing the cochlear implant to 
    the Medicare population makes an ongoing cochlear implant program 
    unsustainable. The commenter quotes utilization figures for the past 4 
    years, indicating a steady decline in Medicare patient volume.
        Because the cochlear implant is a technology-intensive rather than 
    a labor-intensive procedure, the commenter believes that the current 
    system, designed to encourage hospitals to control their costs, 
    suppresses the diffusion of the cochlear implant among the Medicare 
    population. In the absence of a payment policy that the commenter 
    believes will adequately reimburse technology intensive procedures, 
    they requested the following:
         Cochlear implant procedures be placed in DRG 1 (Craniotomy 
    Age >17 except for Trauma).
         HCFA allow separate payment of the speech processor which 
    is not provided during the hospital stay.
         A separate, temporary DRG be created, with a weight of at 
    least 3.0, until such time that a more acceptable policy for 
    technology-intensive DRG's is implemented.
        Response: Cochlear implants were first covered by Medicare in 1986 
    and were assigned to DRG 49 (Major Head & Neck Procedures), the highest 
    weighted surgical DRG in MDC 3 (Diseases and Disorders of the Ear, 
    Nose, Mouth and Throat). Since that time, the cochlear industry has 
    contended that the weight of DRG 49 is too low and does not adequately 
    reflect the resources necessary for the cochlear implant procedure. In 
    response to these concerns, we have analyzed Medicare data every year 
    since 1986.
        Our latest analysis, using FY 1994 Medicare claims data, identified 
    a total of 76 cochlear implant cases. Of these cases, 67 were assigned 
    to DRG 49 (9 cases were assigned to DRG 468, Extensive OR Procedure 
    Unrelated to Principal Diagnosis), representing 3.3 percent of all 
    cases in DRG 49. These 67 cases incurred an average charge of $21,793, 
    compared to an average charge of $15,938 for all cases in DRG 49. The 
    average charge for cochlear implant cases is down slightly from FY 1993 
    claims ($22,386) while the average charge for all cases in DRG 49 shows 
    a small increase (up from $15,679). This increase is most likely a 
    function of the reclassification, effective October 1, 1993, of the low 
    charge procedure, partial glossectomy, from DRG 49 to DRGs 168 and 169 
    (Mouth Procedures).
        Although there is a higher charge for the 67 cochlear cases than 
    for many of the other cases in DRG 49, we note that the cochlear cases 
    are distributed across 44 hospitals, with no more than 6 cases at any 
    one hospital. The majority of hospitals (30 of 44 hospitals, or 68 
    percent) have only one case.
        We have repeatedly addressed the recommendation that we assign 
    cochlear implants to DRG 1, most recently in the September 1994 
    prospective payment final rule (59 FR 45342). Our rejection of this 
    suggestion continues to be based on our conclusion that the diagnosis 
    code associated with cochlear cases (diagnosis code 389, hearing loss) 
    is not clinically coherent with the diagnosis codes assigned to MDC 1. 
    A basic premise of DRG classification is the assignment of clinically 
    similar discharges within categories based on a common body system or 
    organ system. To reassign cochlear implant cases to MDC 1, we would 
    have to move the principal diagnosis code 389 from MDC 3, the 
    clinically appropriate MDC.
        The commenter requested that HCFA allow separate payment of the 
    speech processor, which is typically provided to the patient 4 to 6 
    weeks after the surgery, thus ``unbundling'' these costs from other 
    inpatient supplies and services to be billed by the surgeon or 
    audiologist to Medicare Part B. Prior to implementation of the 
    prospective payment system, it was a practice for certain nonphysician 
    services and supplies furnished to hospital inpatients to be billed 
    directly to patients under Medicare Part B. However, with the enactment 
    of Public Law 98-21 and the implementation of the prospective payment 
    system, several statutory changes concerning the bundling policy were 
    made. Specifically, section 1862(a)(14) of the Act provides that, to 
    qualify for Medicare payment, all nonphysician services (with limited 
    exceptions) furnished to hospital inpatients must be provided directly 
    or arranged for by the hospital. Thus, these services become inpatient 
    hospital services payable under Medicare Part A. Section 1833(d) of the 
    Act, in turn, provides that services payable under 
    
    [[Page 45790]]
    Part A may not be paid for under Part B. Therefore, all the services 
    provided to a Medicare beneficiary as part of the inpatient hospital 
    stay are covered under Part A and may not be billed under Part B. This 
    includes the external components of the cochlear device that are 
    implanted during an inpatient stay covered under Part A. Therefore, we 
    do not allow separate Part B payment for part of the cochlear device.
        In response to the recommendation submitted by the commenter to 
    assign cochlear implant cases to a new DRG with a weight of at least 
    3.0, we believe the process for assigning cases as well as calculating 
    DRG relative weights needs to be clarified. HCFA does not assign 
    weights to DRGs arbitrarily, but, rather, calculates the weight for 
    each DRG based on the resources necessary to treat patients assigned to 
    that DRG relative to all other DRGs. A DRG weight cannot be adjusted or 
    a new DRG created without affecting the weight of other DRGs. It would 
    be inappropriate and inadvisable for us to create a new DRG with a 
    specified weight assigned, as such action would impact the weight and, 
    therefore, the payment, for other DRGs. The process by which DRG 
    weights are recalibrated is described in detail below in section II.C 
    of this preamble.
        We acknowledge that the Medicare payment for cochlear implant 
    patients has been an issue for several years. However, we find no 
    justification for creating a special DRG for cochlear implants. We have 
    consistently classified clinically similar patients in DRGs who use 
    approximately the same amount of hospital resources. In addition, we 
    prefer to maintain DRGs with enough cases to ensure a normal 
    distribution and relative stability over time.
        Although some technologies may not be flexible in their costs, and 
    thus, not lend themselves readily to cost control techniques, there are 
    other areas within the hospital's control that are responsive to cost 
    containment. Thus, the incentive to the hospital is to treat a mix of 
    patients and to manage its operations in such a way to offset lower 
    payment-to-cost cases with those where the payment is in excess of 
    cost.
        We continue to believe that the low volume of these cases does not 
    justify the establishment of a new DRG specific to cochlear implants. 
    Nor do we generally create DRGs that are specific to a single 
    technology, especially those available through a single source 
    manufacturer.
        In response to the commenter's concern that cochlear implants may 
    not be available to Medicare beneficiaries in the future, as stated 
    above in section II.B.10.a of this preamble, we note that a hospital 
    may not refuse to provide a covered service to a Medicare beneficiary 
    if it provides that service to other patients. Specifically, the 
    Medicare regulations at Sec. 489.53(a)(2) provide that HCFA may 
    terminate a hospital's Medicare provider agreement if it finds that the 
    hospital places restrictions on the number of Medicare beneficiaries it 
    will accept for a particular treatment without placing the same 
    restriction on the other populations it treats.
        c. Bipolar Hip Replacement (DRG 209). We received a comment 
    concerning the DRG assignment of certain cases in MDC 8 (Diseases and 
    Disorders of the Musculoskeletal System and Connective Tissue).
        Comment: The commenter believes that cases of bipolar hip 
    replacement should be assigned to DRGs 210, 211, and 212 (Hip and Femur 
    Procedures Except Major Joint) rather than to its current assignment, 
    DRG 209 (Major Joint and Limb Reattachment Procedures of Lower 
    Extremity). The commenter stated that procedure code 81.52 (partial hip 
    replacement) is very similar to procedure code 79.35 (open reduction of 
    fracture of the femur with internal fixation), which is already 
    assigned to DRGs 210, 211, and 212. Further, the commenter believes 
    that partial hip replacement patients are generally more frail 
    individuals as compared to the population that elects total hip 
    replacement surgery, and that they should, therefore, not be assigned 
    to the same DRG.
        Response: In recent years, we have conducted several analyses of 
    the procedures assigned to the surgical DRGs in MDC 8. In the final 
    rules dated September 4, 1990 (56 FR 43205) and September 1, 1993 (58 
    FR 46286), we addressed two of those analyses in detail. Although the 
    specific issues that concern the commenter were not addressed, the 
    result of our analyses was to retain the current DRGs 209, and 210, 
    211, and 212 classifications. We will, however, reexamine these 
    assignments as part of our annual update and revision process for FY 
    1997.
        d. Add-On Payment for Blood Clotting for Hemophiliacs. We received 
    one comment regarding payment for blood clotting factors administered 
    to hemophilia inpatients.
        Comment: The commenter questioned why there was no reference in the 
    proposed rules to the continuation of the add-on payment for blood 
    clotting factors administered to Medicare hemophilia patients. The 
    commenter believes that if this additional payment program is not 
    continued, then some other mechanism should be developed to help 
    alleviate the financial burden of treating these patients.
        Response: We did not include a discussion of the payment for blood 
    clotting factors provided to hemophilia inpatients in the proposed rule 
    because the legislation that required this add-on payment expired 
    effective with discharges beginning on or after October 1, 1994.
        Section 6011 of the Omnibus Budget Reconciliation Act of 1989 
    (Public Law 101-239), as amended by section 13505 of the Omnibus Budget 
    Reconciliation Act of 1993 (Public Law 103-66), provided that 
    prospective payment hospitals receive an additional payment for blood 
    clotting factors furnished to Medicare hospital inpatients who are 
    hemophiliacs for discharges occurring on or after June 19, 1990, and 
    before October 1, 1994.
        We discussed the issue of payment for Medicare inpatients with 
    hemophilia who require blood clotting factors in detail in the 
    September 1, 1992 final rule in response to a ProPAC recommendation 
    that the add-on payment was no longer necessary. Briefly, ProPAC found 
    that, even though hemophiliacs were more costly to treat than the 
    average case within a given DRG, there were insufficient data to 
    indicate that these differences were due to the administration of the 
    clotting factor. In addition, ProPAC found that not only was there a 
    low volume of patients receiving the blood clotting factor, there were 
    very few hospitals with a significant number of cases. Analyses 
    performed by HCFA resulted in similar findings. Thus, we agreed with 
    ProPAC's conclusion that this add-on payment for blood clotting factors 
    is not necessary.
        e. Stem Cell Transplant. Comment: We received one comment 
    requesting that we classify procedure code 41.04 (autologous 
    hematopoietic stem cell transplant) as an OR procedure. The code was 
    effective beginning October 1, 1994, and was classified as a non-OR 
    procedure at that time. The commenter believes that we should 
    reconsider this policy based on the resource use associated with stem 
    cell transplant. In addition, the commenter requested that the code be 
    assigned to DRG 481 (Bone Marrow Transplant) along with the other codes 
    in category 41.0 (bone marrow transplant).
        Response: As discussed in the September 1, 1994, final rule in 
    response to a similar comment, prior to the creation of procedure code 
    41.04 for stem cell transplants, this procedure 
    
    [[Page 45791]]
    was included in procedure code 99.73 (therapeutic erythrocytapheresis), 
    a non-OR procedure (59 FR 45340). As we have noted several times, our 
    practice is to assign a new code to the same category as its 
    predecessor code. Because we could not separately identify the stem 
    cell transplant cases from the other cases coded with 99.73 in order to 
    reclassify them and their charges to another DRG, we were unable to 
    predict the resources required for this code and unable to calculate 
    the new weights of both the DRG in which this code was classified and 
    the DRG to which it would be assigned. Therefore, we were prevented 
    from redesignating code 41.04 as an OR procedure and assigning it to 
    another DRG.
        Although it was requested that this code be reassigned to DRG 481, 
    we note that the procedure represented by this code is not a bone 
    marrow transplant procedure. While it may consume hospital resources 
    similar to those transplant procedures, we will be unable to verify 
    that assumption until we can evaluate the newly coded stem cell 
    transplant cases in the FY 1995 MedPAR file. That file will be 
    available in calendar year 1996 and we will analyze the cases with 
    procedure code 41.04 as a part of our DRG agenda for FY 1997.
    
    C. Recalibration of DRG Weights
    
        We proposed to use the same basic methodology for the FY 1996 
    recalibration as we did for FY 1995. (See the September 1, 1994, final 
    rule (59 FR 45347).) That is, we proposed to recalibrate the weights 
    based on charge data for Medicare discharges. However, we proposed to 
    use the most current charge information available, the FY 1994 MedPAR 
    file, rather than the FY 1993 MedPAR file. The MedPAR file includes 
    fully-coded diagnostic and surgical procedure data for all Medicare 
    inpatient hospital bills.
        The proposed recalibrated DRG relative weights were constructed 
    from FY 1994 MedPAR data, based on bills received by HCFA through 
    December 1994, from all hospitals subject to the prospective payment 
    system and short-term acute care hospitals in waiver States. The FY 
    1994 MedPAR file at that time included data for approximately 10.9 
    million Medicare discharges. The MedPAR file updated through June 1995 
    includes data from approximately 11 million discharges and is the file 
    used to calculate the weights set forth in Table 5 of the addendum to 
    this final rule.
        Although we are using the same basic methodology for recalibration, 
    we are making two revisions which are described below. The methodology 
    used to calculate the DRG relative weights from the FY 1994 MEDPAR file 
    is as follows:
         To the extent possible, all the claims were regrouped 
    using the DRG classifications discussed above in section II.B of this 
    preamble. As noted in section II.B.4, due to the unavailability of 
    final GROUPER software, we must simulate some classification changes to 
    approximate the placement of cases under the revised reclassification. 
    However, there are some changes that cannot be modeled.
         Charges were standardized to remove the effects of 
    differences in area wage levels, indirect medical education costs, 
    disproportionate share payments, and, for hospitals in Alaska and 
    Hawaii, the applicable cost-of-living adjustment.
         The average standardized charge per DRG was calculated by 
    summing the standardized charges for all cases in the DRG and dividing 
    that amount by the number of cases classified in the DRG.
         We then eliminated statistical outliers. In computing the 
    FY 1995 weights, we eliminated all cases outside of 3.0 standard 
    deviations from the mean of the log distribution of charges per case 
    for each DRG. For the FY 1996 relative weights, we proposed to 
    eliminate a case only if it met the current criterion and also was 
    outside of 3.0 standard deviations from the mean log of distribution of 
    charges per day. We believe that this refinement to the methodology 
    reduces the risk of eliminating cases with unusually low or high total 
    charges that are nevertheless accurately reported. For example, a case 
    with extremely high charges and a corresponding extremely long length 
    of stay would be less likely to be eliminated under the revised 
    methodology.
        We received no comment on this refinement and we have identified 
    the statistical outliers in the final recalibration using this 
    methodology.
         The average charge for each DRG was then recomputed 
    (excluding the statistical outliers) and divided by the national 
    average standardized charge per case to determine the relative weight. 
    The second revision we proposed to make is in the treatment of transfer 
    cases. In past recalibrations, we have counted transfer cases as full 
    cases. This may distort the average standardized charges, particularly 
    in DRGs with a high percentage of transfer cases, because the charges 
    associated with a transfer case often do not reflect the resources 
    necessary for a complete course of treatment. Therefore, in calculating 
    the proposed FY 1996 relative weights, a transfer case was counted as a 
    fraction of a case based on the ratio of its length of stay to the 
    geometric mean length of stay of the cases assigned to the DRG. That 
    is, a 5-day length of stay transfer case assigned to a DRG with a 
    geometric mean length of stay of 10 days was counted as 0.5 of a total 
    case.
        We received one comment concerning this methodology, which 
    supported our change. Therefore, we have included it in the final 
    recalibration.
         We established the relative weight for heart and liver 
    transplants (DRGs 103 and 480) in a manner consistent with the 
    methodology for all other DRGs except that the transplant cases that 
    were used to establish the weights were limited to those Medicare-
    approved heart and liver transplant centers that have cases in the FY 
    1994 MedPAR file. (Medicare coverage for heart and liver transplants is 
    limited to those facilities that have received approval from HCFA as 
    transplant centers.) Similarly, we limited the lung transplant cases we 
    used to establish the weight for DRG 495 (Lung Transplant) to those 
    hospitals that are established lung transplant centers. (As discussed 
    in detail in the final notice with comment period of Medicare coverage 
    of lung transplants published in the Federal Register on February 2, 
    1995 (60 FR 6543), payment for lung transplants is limited to Medicare-
    approved facilities, effective July 31, 1995.)
         Acquisition costs for kidney, heart, liver, and lung 
    transplants continue to be paid on a reasonable cost basis. Unlike 
    other excluded costs, the acquisition costs are concentrated in 
    specific DRGs (DRG 302 (Kidney Transplant); DRG 103 (Heart Transplant); 
    DRG 480 (Liver Transplant); and DRG 495 (Lung Transplant)). Because 
    these costs are paid separately from the prospective payment rate, it 
    is necessary to make an adjustment to prevent the relative weights for 
    these DRGs from including the effect of the acquisition costs. 
    Therefore, we subtracted the acquisition charges from the total charges 
    on each transplant bill that showed acquisition charges before 
    computing the average charge for the DRG and before eliminating 
    statistical outliers.
        When we recalibrated the DRG weights for previous years, we set a 
    threshold of 10 cases as the minimum number of cases required to 
    compute a reasonable weight. We proposed to use that same case 
    threshold in recalibrating the DRG weights for FY 1996. Using the final 
    FY 1994 MedPAR data set, there are 34 DRGs that contain fewer than 10 
    cases. As discussed in detail in section II.B.3 of this preamble, we 
    computed the 
    
    [[Page 45792]]
    weight for the 34 low-volume DRGs using the non-Medicare cases from 19 
    States.
        The weights developed according to the methodology described above, 
    using the DRG classification changes, result in an average case weight 
    that is different from the average case weight before recalibration. 
    Therefore, the new weights are normalized by an adjustment factor, so 
    that the average case weight after recalibration is equal to the 
    average case weight before recalibration. This adjustment is intended 
    to ensure that recalibration by itself neither increases nor decreases 
    total payments under the prospective payment system.
        Section 1886(d)(4)(C)(iii) of the Act requires that, beginning with 
    FY 1991, reclassification and recalibration changes be made in a manner 
    that assures that the aggregate payments are neither greater than nor 
    less than the aggregate payments that would have been made without the 
    changes. Although normalization is intended to achieve this effect, 
    equating the average case weight after recalibration to the average 
    case weight before recalibration does not necessarily achieve budget 
    neutrality with respect to aggregate payments to hospitals because 
    payment to hospitals is affected by factors other than average case 
    weight. Therefore, as we have done in past years and as discussed in 
    section II.A.4.b of the Addendum to this final rule, we are making a 
    budget neutrality adjustment to implement that the requirement of 
    section 1886(d)(4)(C)(iii) of the Act.
    III. Changes to the Hospital Wage Index
    
    A. Background
    
        Section 1886(d)(3)(E) of the Act requires that, as part of the 
    methodology for determining prospective payments to hospitals, the 
    Secretary must adjust the standardized amounts ``for area differences 
    in hospital wage levels by a factor (established by the Secretary) 
    reflecting the relative hospital wage level in the geographic area of 
    the hospital compared to the national average hospital wage level.'' In 
    accordance with the broad discretion conferred by this provision, we 
    currently define hospital labor market areas based on the definitions 
    of Metropolitan Statistical Areas (MSAs) issued by the Office of 
    Management and Budget (OMB). In addition, as discussed below, we adjust 
    the wage index to take into account the geographic reclassification of 
    hospitals in accordance with sections 1886(d)(8)(B) and 1886(d)(10) of 
    the Act.
        Section 1886(d)(3)(E) of the Act also requires that the wage index 
    be updated annually beginning October 1, 1993. This section further 
    provides that the Secretary base the update on a survey of wages and 
    wage-related costs of short-term, acute care hospitals. The survey 
    should measure, to the extent feasible, the earnings and paid hours of 
    employment by occupational category and must exclude data with respect 
    to the wages and wage-related costs incurred in furnishing skilled 
    nursing services.
        For determining prospective payments to hospitals in FY 1996, the 
    wage index is based on the data collected from the Medicare cost 
    reports submitted by short-term, acute care hospitals for cost 
    reporting periods beginning in FY 1992 (that is, cost reporting periods 
    beginning on or after October 1, 1991 and before October 1, 1992). The 
    FY 1996 wage index includes wages and salaries paid by a hospital, home 
    office salaries, fringe benefits, and certain contract labor costs. The 
    current computation for the wage index excludes salaries and wages 
    associated with nonhospital-type services, such as skilled nursing 
    facility services, home health agency services, or other subprovider 
    components that are not subject to the prospective payment system.
        As discussed in detail below, we proposed to use updated wage data 
    to construct the wage index as required by section 1886(d)(3)(E) of the 
    Act. Set forth below is a discussion of that update as well as a 
    discussion of other wage index issues. In addition, we proposed to 
    change certain guidelines for hospital reclassification used by the 
    Medicare Geographic Classification Review Board (MGCRB). That change is 
    discussed in section III.E of this preamble.
    
    B. FY 1996 Wage Index Update
    
        We proposed to base the FY 1996 wage index, effective for hospital 
    discharges occurring on or after October 1, 1995 and before October 1, 
    1996, on the data collected from the Medicare cost report (Worksheet S-
    3, Part II) submitted by hospitals for cost reporting periods beginning 
    in FY 1992.
        We proposed to use all of the categories of data collected from 
    Worksheet S-3, Part II. Therefore, the FY 1996 wage index reflects the 
    following:
         Total short-term, acute care hospital salaries and hours.
         Home office costs and hours.
         Fringe benefits associated with hospital and home office 
    salaries.
         Direct patient care related contract labor costs and 
    hours.
         The exclusion of salaries and hours for nonhospital 
    services such as skilled nursing facility services, home health 
    services, or other subprovider components that are not subject to the 
    prospective payment system.
        Although we did not propose any changes in the reporting of 
    hospital wage index data, we received some comments on this issue.
        Comment: One commenter noted that, in early 1995, HCFA distributed 
    special audit instructions to the fiscal intermediaries that defined 
    ``direct patient care'' as ``hands on care.'' The commenter believes 
    that the ``hands on'' definition will create problems because it may be 
    subject to various interpretations. Also, the commenter objects to a 
    recent HCFA statement that ``travel time'' in connection with contract 
    labor is excluded in costs and hours if the information is specifically 
    identified, but otherwise is included. Again, the commenter believes 
    there will be inconsistencies when travel time cannot be identified. 
    Rather than continually refining the definition of direct patient care, 
    the commenter suggested that we adopt a different approach, such as 
    ``chargeable services'' or ``services provided in revenue producing 
    cost centers.'' In addition, the commenter recommends that HCFA consult 
    with industry representatives before any special data requests or audit 
    instructions are issued that involve large numbers of hospitals.
        Response: Before FY 1994, the wage index did not include any costs 
    associated with contract services because the data collected on 
    contract services as part of the 1988 wage survey were unreliable. (See 
    the September 1, 1993 final rule, 58 FR 46295.) However, many hospitals 
    indicated that they were inappropriately disadvantaged because they 
    were forced to contract out for nurses and technicians due to shortages 
    of these services in their areas. To alleviate this problem, we revised 
    the cost report effective for FY 1990 to collect the data associated 
    with any direct patient care service contracts such as service 
    contracts for nurses, therapists, and diagnostic imaging technicians. 
    We specifically excluded any Part B services, Part A physician 
    services, management contracts, or any contract for services not 
    directly involved with patient care.
        The contract labor definition is limited to those services directly 
    related to hands-on patient care. This definition was adopted to 
    address the main concern expressed by hospitals with respect to the 
    inclusion of contract labor 
    
    [[Page 45793]]
    in the wage index, that is, that many hospitals have problems hiring 
    nurses in areas experiencing nursing shortages and must rely on 
    contract labor sources. We believe that defining direct patient care as 
    ``chargeable services'' or ``services provided in revenue producing 
    cost centers'' would result in confusion on the part of hospitals 
    attempting to exclude nonlabor-related expenses such as payments for 
    equipment and supplies and nonpatient care contract services such as 
    management and housekeeping services.
        Regarding the exclusion of travel time in connection with contract 
    labor, we believe that it is appropriate to exclude from the wage data 
    those nonlabor costs associated with contract services that are billed 
    separately. Contract labor typically involves negotiating a dollar 
    amount for labor to be provided. This negotiated amount may include 
    other costs involved in providing the labor, such as travel costs for 
    lodging, mileage, and time. However, if these nonlabor costs are billed 
    separately from the negotiated contract, they are not to be included in 
    the contract labor wage data.
        We believe that our definition of direct patient care is accurate 
    and clear. Special audit instructions were issued earlier this year 
    because we were receiving many inquiries regarding contract labor for 
    services such as pharmacy and clinical laboratory. In the instructions, 
    which were issued in February 1995, we provided all fiscal 
    intermediaries with written guidelines concerning our policy to exclude 
    payments and hours not attributable to direct patient care-related 
    contract services, which would include pharmacy and clinical laboratory 
    services.
        We believe it is appropriate to issue clarifying instructions to 
    our fiscal intermediaries on policies without industry input, but we 
    agree with the commenter that we should consult with industry 
    representatives before making changes in the types of costs that are 
    included in the wage index. In fact, virtually all our recent proposals 
    were made in response to requests from hospital and industry 
    representatives. In addition, we have conducted special surveys and 
    task forces to address these issues. One example of our efforts to 
    involve industry representatives before making a change in policy is 
    the summer 1993 survey concerning which costs should be recognized as 
    fringe benefit costs. (See the September 1, 1994 final rule (59 FR 
    45356).)
        Comment: The national representative of a group of fiscal 
    intermediaries requested that the February 1995 special instruction be 
    distributed to all fiscal intermediaries.
        Response: The February 1995 instruction on direct patient care 
    related contract services was distributed to all fiscal intermediaries. 
    Therefore, there should be consistent application of this policy in 
    future data collection.
        Comment: One commenter noted that the wage index for seven out of 
    eight MSAs in one State decreased between FY 1995 and the proposed FY 
    1996 values while other areas of the country experienced significant 
    increases. The commenter suggested that HCFA review in detail those 
    MSAs that experience significant increases in their wage index values 
    from the prior year in order to maintain consistency and equity of the 
    payment system.
        Response: HCFA does review the percent change in the updated wage 
    index from the prior year wage index, by MSA and by urban and rural 
    hospital location. In addition, we review the wage data for any area 
    that experiences a wage index change of 10 percent or more to determine 
    the reason for the fluctuation. When necessary, we contact the 
    appropriate fiscal intermediary to ensure the validity of the data or 
    to obtain an explanation for the change. We note that none of the MSAs 
    referred to by the commenter experienced a change of 10 percent or 
    more. Therefore, they were not subject to any special review.
        We also analyze the impact of the updated wage index on hospitals 
    using categories such as census division, teaching status, and 
    geographic reclassification status. This impact analysis is located in 
    section VI.C of Appendix A to this final rule. We include this impact 
    analysis in both the proposed and final rules.
    1. Verification of Wage Data from the Medicare Cost Report
        The data for the FY 1996 wage index were obtained from Worksheet S-
    3, Part II, of the HCFA-2552 form submitted and certified for accuracy 
    by short-term, acute care hospitals for cost reporting periods 
    beginning during FY 1992 (October 1, 1991 through September 30, 1992). 
    The wage data are reported electronically to HCFA through the Hospital 
    Cost Report Information System (HCRIS). As in past years, we initiated 
    an intensive review of the wage data submitted by hospitals and 
    performed numerous edits to ensure quality and accuracy. Medicare 
    intermediaries were instructed to transmit any revisions in wage data 
    made as a result of their review through HCRIS by early January 1995. 
    In the proposed rule, we discussed in detail our review of the wage 
    data as well as the process that hospitals could use to verify their 
    wage data and to submit corrections if necessary (60 FR 29211).
        The wage file used to construct the proposed wage index included 
    data obtained in late January 1995 from the HCRIS data base and 
    subsequent changes we received from intermediaries through March 21, 
    1995. To allow sufficient time to process changes, we instructed 
    hospitals to submit requests for corrections to their intermediaries by 
    May 15, 1995. To be reflected in the final wage index, wage data 
    corrections had to be reviewed, verified, and transmitted to HCFA 
    through HCRIS on or before June 15, 1995 (except for tabulation or data 
    entry errors). All data elements that failed edits have been resolved 
    and are reflected in this final rule.
        Comment: One commenter stated that the fiscal intermediaries should 
    not be given as much discretion to make determinations regarding which 
    costs should be allowed as wage data for purposes of calculating the 
    wage index. The commenter believes that HCFA should clearly define 
    allowable items, and intermediaries should be required to use those 
    definitions. It is the commenter's opinion that this action would 
    greatly improve the comparability of wage data from one MSA to another.
        Response: We promote consistency in the treatment of allowable wage 
    costs to the extent possible. We have provided the intermediaries with 
    the wage data cost report instructions and guidelines for allowable 
    wage data in the desk review, but it is not possible to define every 
    allowable wage data item. (See the September 1, 1993 final rule, 58 FR 
    46299.) We believe that the fiscal intermediaries are generally in the 
    best position to make determinations regarding the appropriateness of a 
    particular cost and whether it should be included in the wage index 
    data. We note that, effective October 1, 1994, hospital cost reports 
    were revised to further promote equitable and consistent treatment of 
    wage-related costs (59 FR 45357, September 1, 1994).
        Comment: One commenter is concerned that HCFA's edits are not 
    adequate to ensure consistent treatment of the wage data by the fiscal 
    intermediaries and to produce wage index values that reflect the true 
    labor market situation. The commenter is also concerned about delays in 
    making changes to improve the wage index.
        Response: In response to concerns voiced in the past about 
    inconsistent treatment of wage data, we have taken steps that we 
    believe should eliminate 
    
    [[Page 45794]]
    most inconsistencies. Specifically, in November and December of each 
    year, the fiscal intermediaries perform desk reviews on the wage data 
    reported by each hospital. These reviews are conducted based on 
    reasonableness parameters (edits) established by HCFA. HCFA also edits 
    the wage data using additional edits, such as comparing each hospital's 
    current year wage data to the prior year wage data, comparing each 
    hospital's wage data to its MSA's data, and reviewing aggregate data 
    such as all hospitals with average hourly wages below the second 
    percentile for all hospitals nationally. The FY 1992 data that were 
    used to calculate the FY 1996 wage index were subjected to a total of 
    55 edits. We have also instructed fiscal intermediaries to contact HCFA 
    when questions arise. In addition, if a hospital disagrees with how a 
    fiscal intermediary deals with a particular issue, the hospital is 
    encouraged to bring it to our attention.
        Regarding the fluctuations in the wage index by area, as discussed 
    in a previous response, we analyze the impact of the updated wage index 
    and review the data for any area that experienced a wage index value 
    change of 10 percent or more to determine the reason for the 
    fluctuation. When necessary, we contact the intermediary to determine 
    the validity of the data or to obtain an explanation for the change.
        Regarding changes to improve the wage index, we note that the cost 
    report form for reporting wage data has been revised effective for FY 
    1995 (that is, for cost reporting periods that begin on or after 
    October 1, 1994 and before October 1, 1995). Because this revised cost 
    report form and instructions are more specific, we expect that the 
    reporting of wage data and the review of that data will be more 
    consistent across hospitals and fiscal intermediaries. However, because 
    of the 4-year time lag between improved data reporting and the use of 
    those data in the wage index, there is a necessary delay before the 
    changes can affect the wage index.
    2. Requests for Wage Data Corrections
        In the proposed rule, we noted that we would make a diskette 
    available in mid-August that would contain the finalized raw wage data 
    used to construct the wage index values in this final rule. As with the 
    diskette made available in March 1995, HCFA made the August diskette 
    available to hospital associations and the public. The August diskette 
    is available only for the limited purpose of identifying any potential 
    errors made by HCFA or the intermediary in the entry of the final wage 
    data that result from the process described above, not for the 
    initiation of new wage data correction requests (60 FR 29212).
        If, after reviewing the data in the August diskette or in this 
    final rule, a hospital believes that its wage data are incorrect due to 
    a fiscal intermediary or HCFA error in the entry or tabulation of the 
    final wage data, it should send a letter to both its fiscal 
    intermediary and HCFA. These letters should outline why the hospital 
    believes an error exists. These requests must be received by the 
    intermediary and HCFA no later than September 21, 1995 to allow 
    inclusion in the wage index values effective October 1, 1995. Requests 
    should be sent to: Office of Hospital Policy; Attention: Nancy Edwards, 
    Director; Division of Prospective Payment System; Room C5-06-27; 7500 
    Security Boulevard; Baltimore, Maryland 21244-1850. The intermediary 
    will review requests upon receipt, and, if it is determined that an 
    intermediary or HCFA error exists, the fiscal intermediary will notify 
    HCFA immediately.
        As noted in the proposed rule, after mid-August, we will make 
    changes to the hospital wage data only in those very limited situations 
    involving an error by the intermediary or HCFA that the hospital could 
    not have known about before its review of the August diskette. 
    Specifically, neither the intermediary nor HCFA will accept the 
    following types of requests in conjunction with this mid-August 
    process: requests for wage data corrections that were submitted too 
    late to be included in the data transmitted to the HCRIS system on or 
    before June 15, 1995; requests for correction of errors made by the 
    hospital that were not, but could have been, identified during the 
    hospital's review of the March 1995 data; or requests to revisit 
    factual determinations or policy interpretations made by the 
    intermediary or HCFA during the wage data correction process. Verified 
    corrections to the wage index made as a result of an intermediary or 
    HCFA error received timely (that is, by September 21, 1995) will be 
    effective October 1, 1995.
        We believe the wage data correction process described above 
    provides hospitals with sufficient opportunity to bring errors made by 
    the hospital during the preparation of Worksheet S-3 to the 
    intermediary's attention. Moreover, because hospitals had access to the 
    raw wage data in mid-August, they will have had the opportunity to 
    detect any data entry or tabulation errors made by the intermediary or 
    HCFA before the implementation of the prospective payment rates on 
    October 1. We believe that if hospitals avail themselves of these 
    opportunities, the wage index implemented on October 1 should be free 
    of such errors. Nevertheless, in the unlikely event that such errors 
    should occur, we retain the right to make midyear changes to the wage 
    index under very limited circumstances.
        Specifically, in accordance with Sec. 412.63(s)(2), we may make 
    midyear corrections to the wage index only in those limited 
    circumstances where a hospital can show: (1) that the intermediary or 
    HCFA made an error in tabulating its data, and (2) that the hospital 
    could not have known about the error, or did not have an opportunity to 
    correct the error, before the beginning of FY 1996 (that is, by the 
    September 21, 1995 deadline). As indicated earlier, since a hospital 
    will have the opportunity to verify its data, and the intermediary will 
    notify the hospital of any changes, we do not foresee any specific 
    circumstances under which midyear corrections would be made. However, 
    should a midyear correction be necessary, the wage index change for the 
    affected area will be made prospectively from the date the correction 
    is made. We received several comments concerning the collection and 
    verification of the wage data.
        Comment: One commenter is concerned that the definition of ``HCFA 
    or intermediary error'' related to requests for wage data corrections 
    has been modified to mean only those errors relating to the entry or 
    tabulation of the wage data. The commenter also stated that it is not 
    clear if this would remove inconsistent applications or interpretations 
    of HCFA policy by the intermediary from the definition of an error. The 
    commenter disagrees with excluding an inconsistent application of 
    policy from the definition of errors.
        Response: In the proposed rule, we stated that, after mid-August, 
    we would make changes to the hospital wage data only in those very 
    limited situations involving an error by the intermediary or HCFA that 
    the hospital could not have known about before its review of the 
    diskette we made available in August (60 FR 29212). We specified that 
    after the May 15 deadline for submission of requests for corrections, 
    hospitals would not be able to request that we reconsider factual 
    determinations or policy interpretations made by the intermediary or 
    HCFA. We believe that hospitals had sufficient opportunities to raise 
    these types of issues, including review of the March 1995 data. Thus, 
    after May 15, correctable errors to the wage data are limited to data 
    entry or tabulation errors made by HCFA or the intermediary.
    
    [[Page 45795]]
    
        Comment: One commenter believes that any wage data and wage index 
    changes made for one hospital after the final rule is published should 
    not have a negative impact on other hospitals. While acknowledging 
    budget neutrality limitations, the commenter stated that, last year, 
    several MSAs were subject to wage index changes even though only one 
    MSA had a hospital that made a mistake in reporting certain data.
        Response: We do not believe it is appropriate to make a ``partial 
    correction,'' that is, correcting a hospital's wage data but not 
    incorporating the effects of the correction into the wage index value 
    for all hospitals in the MSA. We note that we make both types of 
    corrections--those that decrease the wage index value of an MSA as well 
    as those that result in an increase in the wage index value.
        Comment: One commenter requested that we specify a date by which 
    intermediaries must notify hospitals regarding determinations on wage 
    data correction requests. The commenter believes the rules should be 
    changed to specify a date prior to the June 15 deadline, in order to 
    give hospitals the opportunity to appeal the intermediary decision to 
    HCFA.
        Response: In order to allow sufficient time to review and process 
    the wage data so that the final wage index and prospective payment 
    rates can be published by September 1, it is necessary that the 
    intermediary transmit any wage data corrections to HCFA through HCRIS 
    on or before June 15. The raw hospital wage data become available to 
    the public in mid-March, and we allow hospitals 2 months to review 
    their wage data and submit wage data corrections, including all 
    documentation necessary to support the requested change. We then allow 
    the intermediary 1 month in which to review, verify and submit revised 
    data in response to these correction requests. We do not believe that 
    it would be appropriate to shorten the time available to the 
    intermediaries for these determinations.
        In each of the past two years, a commenter has suggested that we 
    establish a formal appeals process for disputes over corrections 
    submitted by hospitals to intermediaries (58 FR 46301 and 59 FR 45351). 
    We continue to believe that a formal appeals process is neither 
    necessary nor feasible. We believe that maintaining the current 
    timeframes gives hospitals more flexibility in their review. We 
    encourage hospitals to submit their wage data correction requests to 
    the fiscal intermediary as soon as possible in order to allow the 
    intermediary sufficient time to review the request prior to June 15.
        Comment: One commenter requested changes in the format of the wage 
    data diskette that we make available to the industry. The commenter 
    believes that HCFA should provide additional information on the wage 
    data diskette, such as each hospital's MSA, redesignated MSAs, and 
    inflation factors. This would allow purchasers of the diskette to group 
    hospitals by MSA in order to make comparisons and to verify the 
    published wage index.
        Response: The purpose of the diskette that HCFA makes available is 
    to allow each hospital to review its wage data in order to verify that 
    it is correct before it is used in the calculation of the final wage 
    index. We agree with the commenter that the hospital's MSA should be 
    included in the diskette and we will revise the format accordingly. 
    However, we are unable to add any other data elements to the diskette 
    because of space limitations. That is, we would be forced to expand to 
    two diskettes, requiring the purchase of both diskettes to obtain all 
    wage data. We are, however, considering the possibility of providing 
    all of the requested data elements electronically (that is, on-line). 
    In the meantime, we note that there is a Payment Impact file available 
    for both the proposed and final rules. This file contains the data used 
    to estimate payments, and we suggest that members of the public who 
    wish to make comparisons order this disk. See our June 2, 1995 proposed 
    rule for ordering information (60 FR 29250).
    3. Effect of Judicial Reversal of Wage Data Denial
        It has been our longstanding policy to make midyear revisions to 
    wage index data prospectively only (see, for example, 49 FR 258 
    (January 3, 1984); 54 FR 36478 (September 1, 1989)), and we continue to 
    believe that, to the extent that midyear wage data revisions are 
    appropriate, those revisions should be made prospectively only. Some 
    hospitals whose requests for wage data revisions have been denied by 
    HCFA have sought relief in the Federal courts. While no court has yet 
    reversed an HCFA decision denying a hospital's wage data revision 
    request, these cases have the potential to present the question of what 
    effect we would give to such a final judicial decision.
        Because we had not previously addressed this question in any 
    rulemaking, we proposed to clarify our position regarding the temporal 
    effect of a final judicial decision reversing an HCFA denial of a 
    hospital's request for a wage data revision. We proposed to add a new 
    Sec. 412.63(s)(5) to clarify that such a decision has limited 
    retroactive effect. If a final judicial decision reverses an HCFA 
    denial of a hospital's wage data revision request, we proposed to treat 
    the hospital as if HCFA's decision on the hospital's wage data revision 
    request had been favorable rather than unfavorable. HCFA would pay the 
    hospital by applying a revised wage index that reflects the revised 
    wage data at issue. The revised wage data would not be considered for 
    purposes of revisiting past adjudications of requests for geographic 
    reclassification under section 1886(d)(10) of the Act. Under the 
    statutory scheme established by Congress, decisions on applications for 
    MGCRB reclassification must be finalized prior to the Federal fiscal 
    year for which the reclassifications would take effect.
        In some Federal fiscal years, wage data revision requests were 
    initially reviewed by the fiscal intermediaries and forwarded to HCFA 
    for a determination of whether a revision should be made. In other 
    years, the fiscal intermediaries themselves have made determinations on 
    wage data revision requests (with input from HCFA when necessary). The 
    latter is our current policy. In the foregoing discussion, the phrases 
    ``HCFA denial of a hospital's wage data revision request'' and ``HCFA 
    decision on the hospital's wage data revision request'' mean the 
    decision by either HCFA's Office of Hospital Policy or the intermediary 
    denying a hospital's request for a wage data revision.
        We considered proposing to apply a strict policy of prospectivity 
    to final judicial decisions reversing HCFA denials of wage data 
    revision requests--that is, adopting a policy to apply such judicial 
    decisions prospectively from the date they are made. While we continue 
    to believe that prospective-only changes are most appropriate under a 
    prospective rate-setting system such as the hospital inpatient 
    prospective payment system, we also recognize that hospitals have 
    sought, and will continue to seek, judicial review of unfavorable HCFA 
    decisions on hospitals' requests for wage data revisions. Applying a 
    policy of strict prospectivity to final judicial decisions reversing 
    HCFA denials of wage data revision requests might be viewed, in some 
    cases, as frustrating the purpose of judicial review, since such a 
    decision might not be made until after the close of the fiscal year or 
    years at issue. Therefore, on balance, we believe the better policy is 
    the one we proposed, 
    
    [[Page 45796]]
    under which we would give effect to a final judicial decision reversing 
    a HCFA denial of a hospital's wage data revision request by applying a 
    revised wage index that reflects the revised wage data as if HCFA's 
    decision had been favorable rather than unfavorable.
        No comments were received on this proposal. Therefore, we will 
    implement the change as proposed effective beginning FY 1996, that is, 
    October 1, 1995.
    4. Computation of the Wage Index
        As noted above, we are basing the FY 1996 wage index on wage data 
    reported on the FY 1992 cost report. The final wage index is based on 
    data from 5,269 hospitals paid under the prospective payment system and 
    short-term, acute care hospitals in waiver States. The method used to 
    compute the FY 1996 wage index is as follows:
        Step 1--We gathered data from each of the non-Federal short-term, 
    acute care hospitals for which data were reported on the Worksheet S-3, 
    Part II of the Medicare cost report for the hospital's cost reporting 
    periods beginning on or after October 1, 1991, and before October 1, 
    1992.
        Each hospital was assigned to its appropriate urban or rural area 
    prior to any reclassifications under section 1886(d)(8) or 1886(d)(10) 
    of the Act. In addition, we included data from a few hospitals that had 
    cost reporting periods beginning in September 1991 and had reported a 
    cost reporting period exceeding 52 weeks. The data were included 
    because no other data from these hospitals would be available for the 
    cost reporting period described above, and particular labor market 
    areas might be affected due to the omission of these hospitals. 
    However, we generally describe these wage data as FY 1992 data.
        Step 2--For each hospital, we subtracted the excluded salaries 
    (that is, direct salaries attributable to skilled nursing facility 
    services, home health services, and other subprovider components not 
    subject to the prospective payment system) from gross hospital salaries 
    to determine net hospital salaries. To the net hospital salaries, we 
    added hospital contract labor costs, hospital fringe benefits, and any 
    home office salaries and fringe benefits reported by the hospital to 
    determine total salaries plus fringe benefits.
        Step 3--For each hospital, we inflated or deflated, as appropriate, 
    the total salaries plus fringe benefits resulting from Step 2 to a 
    common period to determine total adjusted salaries. To make the wage 
    inflation adjustment, we used the percentage change in average hourly 
    earnings for each 30-day increment from October 15, 1991 through 
    September 14, 1993, for hospital industry workers from Standard 
    Industry Classification 806, Bureau of Labor Statistics Employment and 
    Earnings Bulletin. The annual inflation rates used were 5.6 percent for 
    FY 1991, 4.8 percent for FY 1992, and 3.6 percent for FY 1993. The 
    inflation factors used to inflate the hospital's data were based on the 
    midpoint of the cost reporting period as indicated below.
    
                        Midpoint of Cost Reporting Period                   
    ------------------------------------------------------------------------
                                                                  Adjustment
                         After                         Before       factor  
    ------------------------------------------------------------------------
    10/14/91......................................     11/15/91     1.059411
    11/14/91......................................     12/15/91     1.055280
    12/14/91......................................     01/15/92     1.051165
    01/14/92......................................     02/15/92     1.047066
    02/14/92......................................     03/15/92     1.042983
    03/14/92......................................     04/15/92     1.038916
    04/14/92......................................     05/15/92     1.034865
    05/14/92......................................     06/15/92     1.030830
    06/14/92......................................     07/15/92     1.026810
    07/14/92......................................     08/15/92     1.022806
    08/14/92......................................     09/15/92     1.018818
    09/14/92......................................     10/15/92     1.014845
    10/14/92......................................     11/15/92     1.011859
    11/14/92......................................     12/15/92     1.008881
    12/14/92......................................     01/15/93     1.005912
    01/14/93......................................     02/15/93     1.002952
    02/14/93......................................     03/15/93     1.000000
    03/14/93......................................     04/15/93     0.997057
    04/14/93......................................     05/15/93     0.994123
    05/14/93......................................     06/15/93     0.991197
    06/14/93......................................     07/15/93     0.988280
    07/14/93......................................     08/15/93     0.985372
    08/14/93......................................     09/15/93     0.982472
    ------------------------------------------------------------------------
    
        For example, the midpoint of a cost reporting period beginning 
    January 1, 1992 and ending December 31, 1992 is June 30, 1992. An 
    inflation adjustment factor of 1.026810 would be applied to the wages 
    of a hospital with such a cost reporting period. In addition, for the 
    data for any cost reporting period that began in FY 1992 and covers a 
    period of less than 360 days or greater than 370 days, we annualized 
    the data to reflect a 1-year cost report. Annualization is accomplished 
    by dividing the data by the number of days in the cost report and then 
    multiplying the results by 365.
        Step 4--For each hospital, we subtracted the reported excluded 
    hours from the gross hospital hours to determine net hospital hours. We 
    increased the net hours by the addition of any reported contract labor 
    hours and home office hours to determine total hours.
        Step 5--As part of our editing process, we deleted data for 37 
    hospitals for which we lacked sufficient documentation to verify data 
    that failed edits because the hospitals are no longer participating in 
    the Medicare program or are in bankruptcy status. We retained the data 
    for other hospitals that are no longer participating in the Medicare 
    program because these hospitals contributed to the relative wage levels 
    in their labor market areas during their FY 1992 cost reporting period.
        Step 6--Within each urban or rural labor market area, we added the 
    total adjusted salaries plus fringe benefits obtained in Step 3 for all 
    hospitals in that area to determine the total adjusted salaries plus 
    fringe benefits for the labor market area.
        Step 7--We divided the total adjusted salaries plus fringe benefits 
    obtained in Step 6 by the sum of the total hours (from Step 4) for all 
    hospitals in each labor market area to determine an average hourly wage 
    for the area.
        Step 8--We added the total adjusted salaries plus fringe benefits 
    obtained in Step 3 for all hospitals in the nation and then divided the 
    sum by the national sum of total hours from Step 4 to arrive at a 
    national average hourly wage. Using the data as described above, the 
    national average hourly wage is $18.9296.
        Step 9--For each urban or rural labor market area, we calculated 
    the hospital wage index value by dividing the area average hourly wage 
    obtained in Step 7 by the national average hourly wage computed in Step 
    8.
        Comment: One commenter noted that Flagstaff, Arizona, a new MSA, 
    was not designated as an MSA for either wage index or hourly wage 
    purposes in the proposed rule. The commenter requested that we reflect 
    this change in the final rule.
        Response: After publication of the proposed rule on June 2, Office 
    of Management and Budget (OMB) Bulletin Number 95-04 established two 
    new MSAs effective June 30, 1995: Flagstaff, Arizona-Utah MSA 
    (comprising Coconino County, Arizona and Kane County, Utah) and Grand 
    Junction, Colorado MSA (comprising Mesa County, Colorado). The bulletin 
    also changed the name of the Hickory-Morganton, North Carolina MSA to 
    Hickory-Morganton-Lenoir, North Carolina MSA. These new MSAs and the 
    revised designation are incorporated in the final wage index (see 
    Tables 4a and 4d).
        Comment: One commenter requested that we establish a wage index 
    floor for each of the labor market areas in Puerto Rico equal to the 
    level of the wage index at the time Puerto Rico became subject to the 
    prospective payment system (October 1, 1987). An alternative proposal 
    made by the commenter was to 
    
    [[Page 45797]]
    establish a wage index floor based on the current wage index for rural 
    Mississippi. The commenter also suggested that, after making either of 
    the two recommended wage index changes, we should adjust the Puerto 
    Rico standardized amounts to reflect the higher wage index values 
    leading to a decrease in the labor share percentage of the Puerto Rico 
    standardized amounts.
        Response: At this time, we do not believe it would be appropriate 
    to set up a floor level for the wage index. The wage index measures 
    relative hospital wage levels, so that labor market areas that 
    experience slower wage growth than the national average wage growth (on 
    a percentage basis) experience wage index decreases while those who 
    experience faster growth receive wage index increases. Since the wages 
    in Puerto Rico have increased at a significantly slower level than 
    national wages, Puerto Rico's wage index values have decreased 
    accordingly. The average hourly wage for rural Puerto Rico has 
    increased 51.7 percent (from $5.40 to $8.19) from FY 1984 to FY 1992, 
    while the national average hourly wage has increased 94.0 percent (from 
    $9.76 to $18.93). Consequently, the wage index for rural Puerto Rico 
    has decreased from 0.5536 in FY 1988, which is based on the FY 1984 
    data, to 0.4326 in FY 1996, which is based on the FY 1992 wage data.
        While we are concerned about the fall in the wage index values in 
    Puerto Rico, the implementation of a wage index floor would create new 
    problems. For example, we also must consider that the introduction of a 
    wage index floor would have to be executed in a budget neutral manner. 
    Thus, any wage index floor would deprive hospitals with wage index 
    values above the floor level of their appropriate payment level through 
    lower standardized amounts. We will continue to study this issue in the 
    hope of finding a solution that is equitable to hospitals in all areas. 
    Since we do not believe a wage index floor is appropriate, we will not 
    be making any changes to the labor share percentage for Puerto Rico 
    standardized amounts.
        Comment: One commenter suggested that we eliminate the Puerto Rico 
    Rural Area classification and classify those hospitals to their nearest 
    geographic area (that is, one of the urban Puerto Rico areas). The 
    commenter's suggestion is based on the belief that there is no 
    socioeconomic difference between the rural hospitals and any other 
    hospital on the island.
        Response: We do not believe it is appropriate to offer special 
    treatment for any rural area. Unless and until we decide to adopt a new 
    method for defining labor market areas, we will continue to use rural 
    areas for hospitals in counties that are not designated as part of 
    MSAs. We note that the Puerto Rico rural wage index value has increased 
    since publication of the proposed rule based on corrections we have 
    received. The final rural area wage index value is 0.4326, an increase 
    of 11 percent over the proposed value of 0.3888, and only a slight 
    decrease from the FY 1995 wage index value.
    
    C. Allocation of General Service Salaries and Hours to Areas Excluded 
    From the Wage Index
    
        In constructing the wage index, we exclude the direct wages and 
    hours associated with certain subprovider components of the hospital, 
    such as skilled nursing facilities and home health agencies. The cost 
    reporting form used to collect the FY 1992 wage data also includes 
    within the definition of excluded areas any rehabilitation and 
    psychiatric distinct part units of the hospital that are excluded from 
    the prospective payment system. Thus, the wage index is constructed by 
    including only the direct wages and hours associated with those areas 
    of the hospital subject to the prospective payment systems. However, 
    the general service hours associated with excluded areas are not 
    currently excluded from the wage index calculation.
        In the May 26, 1993 proposed rule, we discussed our analysis of our 
    first attempt to allocate overhead salaries and hours to areas of the 
    hospital that are excluded from the prospective payment system (58 FR 
    30237). This analysis was prompted by several suggestions from hospital 
    representatives that, in addition to excluding the direct salaries and 
    hours for subprovider components of the hospital, HCFA should also 
    exclude the general service, or overhead, wages and hours that are 
    associated with these areas. For example, we currently include all of 
    the wage costs associated with housekeeping in the wage index data, 
    even if a facility has excluded subprovider components that receive 
    housekeeping services. As we discussed in detail in the May 26, 1993 
    proposed rule, we identified several problems with the data collected 
    that led us to the conclusion that it would be inappropriate to use the 
    data in allocating the overhead wages and hours. Thus, we did not 
    allocate general service salaries and hours to the excluded areas of 
    hospitals in calculating the FY 1994 wage index.
        In the September 1, 1993 final rule, we indicated that we would 
    revisit this issue when the data for cost reporting periods beginning 
    in FY 1992 became available (58 FR 46298). We believed that the 
    retroactive determination of overhead hours for the FY 1990 cost 
    reports may have caused some of the problems with the data. We stated 
    that the FY 1992 cost report might allow a more accurate allocation 
    since both overhead salaries and overhead hours would be directly 
    reported on the cost report.
        In calculating the FY 1996 wage index, we used data for cost 
    reporting periods beginning in FY 1992. We received general service 
    hour data for 4,356 of the 4,441 hospitals that reported excluded 
    salaries. We analyzed these data to determine whether we could 
    reasonably allocate the overhead wages and hours to the excluded areas 
    of the hospital. First, we determined the total general service wages 
    (including fringe benefits) from Worksheet A of the cost report. We 
    then developed a ratio of total indirect costs (net of capital costs) 
    allocated to the excluded areas of the hospital to total noncapital 
    general service costs (using Worksheet B, Parts I, II, and III from the 
    cost report). We call this the ``indirect cost ratio.'' We computed the 
    general service salaries and hours allocated to the excluded areas by 
    multiplying the indirect cost ratio by the total general service 
    salaries and by the total general service hours reported by the 
    hospital on the cost report.
        For example, if 10 percent of a hospital's total indirect costs 
    were allocated to excluded areas, we allocated 10 percent of its 
    overhead salaries and 10 percent of its overhead hours to the excluded 
    areas.
        In the June 2, 1995 proposed rule (60 FR 29214), we discussed in 
    detail our analysis of the general service allocation. We found that 
    after we completed the data edits, 4,199 hospitals still had overhead 
    allocations. Of these, 71 percent (2,978) had average hourly wages that 
    were lower after the overhead allocation was made to the excluded 
    areas. The average difference between the pre- and post-allocation 
    average hourly wage was -0.14 percent. Eighty-six hospitals had a 
    percentage change of more than 10 percent in their average hourly wage, 
    of which 45 were decreases. An additional 158 hospitals had a 
    percentage change of between 5 and 10 percent, of which 104 were 
    decreases. Thirty-seven of 49 rural labor market areas would experience 
    decreases in their wage index value if we performed the allocation, 
    while 195 of 317 urban areas would experience decreases. The average 
    wage index value for all hospitals would decrease 
    
    [[Page 45798]]
    0.08 percentage points if we performed the overhead allocation.
        Thus, we again concluded that it would not be appropriate to 
    perform the allocation of overhead salaries and hours to excluded areas 
    of the hospital in computing the wage index. The data still have the 
    same variations that were prevalent when we declined to use this 
    methodology in the proposed rule for FY 1994: many hospitals were 
    removed due to the edits, many have large swings in their average 
    hourly wages, and many more hospitals' average hourly wages would 
    decrease as a result of the allocation than would increase, 
    particularly for rural hospitals. As we noted in the September 1, 1993 
    final rule (58 FR 46297), if these allocations are accurate, it would 
    mean that for the majority of hospitals with excluded areas, the 
    average hourly wage for the overhead areas (such as laundry and 
    housekeeping) is higher than that for patient care areas (such as 
    nursing). We do not believe that this could be the case for such a 
    large number of hospitals, and we have therefore concluded that the 
    reported data regarding overhead hours are inaccurate. As a result, we 
    decided not to employ the allocation of general service salaries and 
    hours to excluded areas of the hospital in constructing the FY 1996 
    wage index.
        We note that hospital representatives that support the allocation 
    of overhead salaries to excluded areas do so because they believe that, 
    for those hospitals with excluded areas, the current average hourly 
    wage is artificially weighted downward. (See the September 1, 1994 
    final rule (59 FR 45359).) They believe that the current methodology, 
    which removes the higher nursing costs in excluded areas from the 
    hospital's direct salaries, but leaves in the lower general services 
    salaries, distorts wages downward. The reported data, however, are not 
    consistent with this concern.
        While we continue to believe that an allocation of overhead 
    salaries and hours to the excluded subprovider components may be 
    appropriate, it would not benefit the hospital industry or the Medicare 
    program to implement an allocation that is not reliable. Clearly, the 
    overhead hours reported by many hospitals did not accurately reflect 
    the salaries reported. In addition, we realize that the allocation 
    method described above may not necessarily be the most accurate method 
    to make this allocation. We invited public comment concerning 
    alternative methods that might produce a more accurate and uniform 
    allocation method and at the same time impose little or no additional 
    reporting burden on the hospital industry. We noted that, under any 
    acceptable allocation method, we would require that the method be used 
    by all hospitals with excluded areas and that the intermediary be able 
    to verify the accuracy of the reported data.
        The cost report effective for FY 1995 (that is, for cost reporting 
    periods that begin on or after October 1, 1994 and before October 1, 
    1995) will collect overhead data, both paid hours and the related 
    salaries, by general service area. These data will be used to construct 
    the wage index for FY 1999. We proposed to reevaluate an allocation of 
    overhead salaries and hours to excluded areas of the hospital once the 
    data from this new cost report are available or possibly earlier if we 
    receive comments or suggestions from the public or otherwise determine 
    alternative methods to better allocate overhead salaries.
        Comment: Three commenters expressed support for the exclusion of 
    overhead salaries and hours associated with excluded areas of the 
    hospital and made suggestions regarding allocation methods. One 
    commenter stated that HCFA's allocation method had merits in terms of 
    modeling the impact and collectability of the data and requested that 
    we continue to apply the same methodology in future studies. Another 
    commenter suggested that HCFA incorporate in this final rule the 
    collection of data on overhead dollars and hours separately and the 
    exclusion of overhead salaries and hours associated with excluded 
    subprovider components. A third commenter suggested a stepped-down cost 
    finding basis for the allocation of salaries and hours from general 
    service areas. This commenter believes that the data necessary to 
    perform the step-down would be readily available to the intermediary 
    and recommended that HCFA add cost center hours to Worksheet B-1 of the 
    HCFA 2552-89 to facilitate data collection.
        Response: As discussed above, while we agree with the commenters 
    that an allocation of overhead salaries and hours to the excluded 
    subprovider components may be appropriate, we believe that it would not 
    benefit the hospital industry or the Medicare program to implement at 
    this time an allocation that is not reliable.
        Both the commenters who suggested a change in methodology based 
    that change on the collection of new data. We do not agree with one 
    commenter's suggestion to employ an allocation method based on stepped-
    down cost finding as it would impose additional reporting burden on the 
    hospital industry. The approach would require a new or revised cost 
    reporting form to allocate overhead hours and salaries to all of a 
    hospital's cost centers. In addition, hospitals would have to adopt 
    uniform statistics for allocating costs to cost centers to ensure data 
    comparability. As we noted above, any method we use should impose 
    little or no additional reporting burden. At this time, we do not 
    believe the merits of an allocation of general service salaries and 
    hours to excluded areas warrant the additional reporting burden. We 
    have implemented new cost reporting instructions concerning overhead 
    data. We will wait to evaluate those data (which will be available for 
    the FY 1999 wage index) before imposing any additional data 
    collections.
    
    D. Revisions to the Wage Index Based on Hospital Redesignation
    
        Under section 1886(d)(8)(B) of the Act, hospitals in certain rural 
    counties adjacent to one or more Metropolitan Statistical Areas (MSAs) 
    are considered to be located in one of the adjacent MSAs if certain 
    standards are met. Under section 1886(d)(10) of the Act, the Medicare 
    Geographic Classification Review Board (MGCRB) considers applications 
    by hospitals for geographic reclassification for purposes of payment 
    under the prospective payment system.
        The methodology for determining the wage index values for 
    redesignated hospitals is applied jointly to the hospitals located in 
    those rural counties that were deemed urban under section 1886(d)(8)(B) 
    of the Act and those hospitals that were reclassified as a result of 
    the MGCRB decisions under section 1886(d)(10) of the Act. Section 
    1886(d)(8)(C) of the Act provides that the application of the wage 
    index to redesignated hospitals is dependent on the hypothetical impact 
    that the wage data from these hospitals would have on the wage index 
    value for the area to which they have been redesignated. Therefore, 
    pursuant to section 1886(d)(8)(C) of the Act, the wage index values 
    were determined by considering the following:
         If including the wage data for the redesignated hospitals 
    reduces the MSA wage index value for the area to which the hospitals 
    are redesignated by 1 percentage point or less, the MSA wage index 
    value determined exclusive of the wage data for the redesignated 
    hospitals applies to the redesignated hospitals.
         If including the wage data for the redesignated hospitals 
    reduces the wage index value for the area to which the hospitals are 
    redesignated by more than 1 percentage point, the hospitals that are 
    redesignated are subject to the wage index value of the area that 
    results from including the wage data of the 
    
    [[Page 45799]]
    redesignated hospitals (the ``combined'' wage index value). However, 
    the wage index value for the redesignated hospitals cannot be reduced 
    below the wage index value for the rural areas of the State in which 
    the hospitals are located.
         Rural areas whose wage index values would be reduced by 
    excluding the data for hospitals that have been redesignated to another 
    area continue to have their wage index calculated as if no 
    redesignation had occurred. Those rural areas whose wage index value 
    increases as a result of excluding the wage data for the hospitals that 
    have been redesignated to another area have their wage index calculated 
    exclusive of the redesignated hospitals.
         The wage index value for an urban area is calculated 
    exclusive of the wage data for hospitals that have been reclassified to 
    another area. However, geographic reclassification may not reduce the 
    wage index for an urban area below the Statewide rural average, 
    provided the wage index prior to reclassification was greater than the 
    Statewide rural wage index value.
         A change in classification of hospitals from one area to 
    another may not result in the reduction in the wage index for any urban 
    area whose wage index is below the rural wage index for the State. This 
    provision also applies to any urban area that encompasses an entire 
    State.
        We note that, except for those rural areas where redesignation 
    would otherwise reduce the rural wage index value, and for urban areas 
    whose wage index values are already below the rural wage index and 
    would otherwise be reduced by redesignations, the wage index value for 
    each area is computed exclusive of the data for hospitals that have 
    been redesignated from the area for purposes of their wage index. As a 
    result, several MSAs listed in Table 4a have no hospitals remaining in 
    the MSA. This is because all the hospitals originally in these MSAs 
    have been reclassified to another area by the MGCRB. For those areas, 
    we have listed the Statewide rural wage index value.
        Comment: We received one comment on our policy of assigning the 
    Statewide rural wage index value to MSAs where all of the hospitals 
    have been reclassified to another area. The commenter believes that our 
    policy is unfair to new hospitals that open in such an MSA, because 
    they would be automatically assigned the Statewide rural wage index 
    value, which is generally much lower than the pre-reclassified value 
    for the MSA. The commenter stated that the Statewide rural wage index 
    value would not reflect the labor costs in the labor market in which 
    the hospital would be operating. Therefore, the commenter requested 
    that we revise this policy and assign the MSA's pre-reclassified wage 
    index value to the empty MSA.
        Response: We adopted our current policy in response to comments as 
    part of the August 30, 1991 final rule (56 FR 43222). Upon 
    reconsideration, we agree with the commenter that the wage levels a new 
    hospital must pay may be better reflected by the pre-reclassified wage 
    index value for the area than the State-wide rural wage index value. 
    Therefore, effective October 1, 1995, we will assign the pre-
    reclassified wage index value for an MSA to any MSA where all of the 
    hospitals have been reclassified to another area. That value would 
    apply as long as the MSA remains empty or until the new hospital has 
    reported wage data that are used to calculate a wage index value 
    (approximately 4 years). This change has been incorporated into the 
    final wage index tables.
        The final revised wage index values for FY 1996 are shown in Tables 
    4a, 4b, and 4c of the addendum to this final rule. Hospitals that are 
    redesignated should use the wage index values shown in Table 4c. For 
    some areas, more than one wage index value will be shown in Table 4c. 
    This occurs when hospitals from more than one State are included in the 
    group of redesignated hospitals, and one State has a higher Statewide 
    rural wage index value than the wage index value otherwise applicable 
    to the redesignated hospitals. Tables 4d and 4e list the average hourly 
    wage for each labor market area based on the FY 1992 wage data. In 
    addition, Table 3c (Hospital Case-Mix Indexes for Discharges) includes 
    the average hourly wage for each hospital based on the FY 1992 data. 
    Hospitals may use the average hourly wage published in this final rule 
    for purposes of applying to the MGCRB for wage index reclassifications 
    in FY 1997.
        We note that in adjudicating these wage reclassification requests 
    during FY 1996, the MGCRB will use the average hourly wages for each 
    hospital and labor market area that are reflected in the final FY 1996 
    wage index. The FY 1996 wage index values incorporate all hospital 
    redesignations for FY 1996. At the time the final wage index was 
    constructed, the MGCRB had completed its review. Any changes to the 
    wage index that resulted from withdrawals of requests for 
    reclassification, wage index corrections, appeals, and the 
    Administrator's review process are incorporated into the wage index 
    values published in the final rule. For FY 1996, 420 hospitals are 
    redesignated for purposes of the wage index (including hospitals 
    redesignated under both sections 1886(d)(8)(B) and 1886(d)(10) of the 
    Act).
    E. Changes to the MGCRB Guidelines
    
    1. Limitations on Hospital Reclassification (Secs. 412.230, 412.232, 
    and 412.234)
        a. Elimination of Individual Hospital Reclassification From Rural 
    to Other Urban Areas for Purposes of the Standardized Amount. Section 
    1886(d)(10)(C)(i)(I) of the Act requires the MGCRB to consider 
    applications of hospitals requesting reclassification for purposes of 
    the standardized amount. Section 1886(d)(10)(D)(i)(II) of the Act 
    requires that the MGCRB utilize guidelines published by the Secretary 
    for determining whether the county in which a particular hospital is 
    located should be treated as being a part of a particular MSA. 
    Accordingly, the MGCRB allows reclassifications for purposes of the 
    standardized amount for individual hospitals that meet the guidelines 
    under Sec. 412.230, and for groups of rural and urban hospitals that 
    represent an entire county and that meet the guidelines under 
    Secs. 412.232 and 412.234 respectively.
        As required by section 1886(d)(3)(A)(iii) of the Act, effective for 
    discharges occurring on or after October 1, 1994, the average 
    standardized amount for hospitals located in a rural area was made 
    equal to the average standardized amount for hospitals located in other 
    urban areas. The standardized amount effective for those areas is now 
    known as the standardized amount for ``other areas.'' Large urban areas 
    continue to receive a separate, higher standardized amount. The effect 
    of this provision is that in FY 1995 or later, hospitals reclassified 
    from rural to other urban areas for purposes of the standardized amount 
    receive no increase in their standardized payment amount, since the two 
    rates are now the same.
        However, we continue to receive applications from individual 
    hospitals seeking to be reclassified from rural to other urban areas 
    for the standardized amount because of certain payment advantages that 
    accompany the urban designation. When an individual hospital 
    reclassifies from a rural to an urban area for purposes of the 
    standardized amount, we consider the hospital urban for all purposes 
    except the wage index. For some rural hospitals, the urban designation 
    enables them to qualify as a disproportionate share hospital (DSH) and 
    to receive special payment adjustments. For other 
    
    [[Page 45800]]
    rural hospitals that already qualify for DSH payments, the urban 
    designation qualifies them for a higher DSH adjustment than they would 
    receive as a rural hospital.
        We proposed to provide under new Sec. 412.230(a)(5)(ii) that a 
    hospital may not be reclassified for purposes of the standardized 
    amount if the area to which the hospital seeks reclassification does 
    not have a higher standardized amount than that currently received by 
    the hospital. This change would be effective for hospital applications 
    due October 2, 1995, requesting reclassification for FY 1997. (Since 
    October 1 is a Sunday, the MGCRB will accept applications through 
    October 2, 1995.)
        We note that, under this change, individual rural hospitals could 
    continue to receive reclassifications to large urban areas, since the 
    standardized amount for large urban areas is greater than that of rural 
    (or other urban) areas. Also, group applications from all hospitals in 
    a rural county for reclassification to urban areas would not be 
    affected, since these hospitals are required to meet a different 
    ``metropolitan character'' criterion under Sec. 412.232(b) and would 
    receive the other area's wage index.
        We received 15 comments in response to our proposal to eliminate 
    standardized amount reclassifications for individual hospitals from a 
    rural area to an other urban area. All of the commenters were opposed 
    to our proposed change. Four of the comments we received were from 
    individual hospitals that stated that they would no longer qualify for 
    higher DSH payments as a result of the change.
        Comment: Several commenters raised questions about whether the 
    statute gives us the authority to eliminate standardized amount 
    reclassifications from rural to other urban areas and whether we are 
    interpreting the MGCRB provisions of the statute correctly. One 
    commenter stated that the statute contains no language that modifies or 
    limits the areas to which hospitals may seek reclassification, or 
    restricts the types of hospitals that may seek changes in the 
    standardized amount. The commenter believes that, because section 
    1886(d)(10)(C)(i) of the Act provides that the MGCRB shall consider 
    applications of hospitals seeking reclassification, rather than stating 
    that the MGCRB may consider such applications, the MGCRB is obligated 
    to consider applications from hospitals seeking to be reclassified from 
    rural areas to other urban areas. The commenter argues that the statute 
    gives the Secretary the authority only to establish guidelines for 
    evaluating hospital-specific facts, not to preclude specific classes of 
    hospitals from being reclassified. Another commenter stated that since 
    Congress had not specifically provided in legislation that rural to 
    other urban standardized amount reclassification would no longer be 
    allowed after the rural and other urban rates were made equal, HCFA 
    does not have the statutory authority to make this change.
        Response: We believe the proposed policy of eliminating individual 
    hospital reclassifications from rural areas to other urban areas for 
    purposes of the standardized amount is fully consistent with the 
    language and purpose of the Medicare statute. Although the statute 
    states that the MGCRB ``shall'' consider applications for 
    reclassification, the statute does not require the Board to consider a 
    reclassification request for any purpose whatsoever. Instead, the 
    relevant terms of the statute provide that the Board ``shall consider'' 
    applications for reclassification ``for purposes of determining * * * 
    the hospital's average standardized amount.'' Accordingly, the statute 
    requires the Board to consider requests for standardized amount 
    reclassification only if the ``purpose'' of the request is for the 
    hospital to receive the other area's standardized amount. Since the 
    standardized amount for rural areas now equals the standardized amount 
    for other urban areas, there is no reason for a rural hospital to be 
    reclassified to another urban area ``for purposes of'' the standardized 
    amount itself.
        Under the proposed policy, qualifying rural hospitals (and other 
    urban hospitals too) may continue to seek standardized amount 
    reclassification to large urban areas because large urban areas have a 
    different standardized amount (base payment rate). Thus, consistent 
    with the statute, the Board ``shall consider'' applications for 
    standardized amount reclassification from hospitals seeking to receive 
    the other area's (higher) standardized amount. As explained further 
    below, we also believe that the proposed change is consistent with the 
    purpose of the statute, as well as the language of the statute.
        Comment: Several commenters argued that the proposed policy is 
    contrary to the purpose of the geographic reclassification system. Some 
    commenters believe that our proposal is contrary to congressional 
    intent that geographic reclassification be available to hospitals to 
    address competitive inequities. One commenter stated that HCFA had 
    previously interpreted the purpose of geographic reclassification as 
    addressing those situations where a hospital is more like the hospitals 
    in a geographic adjacent area than the hospitals in its own geographic 
    area, and that the proposed policy of not allowing rural hospitals to 
    be reclassified to other urban areas contravened the agency's 
    interpretation of the statute and placed those hospitals at a 
    competitive disadvantage. Another commenter stated that we were 
    changing our standard as to the purpose of geographic reclassification 
    from providing hospitals with a more appropriate geographic 
    classification to providing only a more appropriate standardized 
    payment rate.
        One commenter suggested that HCFA was interpreting the statute very 
    narrowly in this instance, but in other cases, such as allowing rural 
    to rural reclassification, HCFA had been more liberal. Another 
    commenter acknowledged that the statute addressed only the wage index 
    and standardized amount as reasons for reclassification, but said that 
    the intent of the MGCRB provisions was to provide an opportunity for 
    rural hospitals sharing certain characteristics with urban hospitals to 
    partially escape the disadvantage of their rural status. Still another 
    commenter believes Congress intended that, if a rural hospital 
    satisfied HCFA's criteria for standardized amount reclassification to 
    an other urban area, the hospital should be considered urban for 
    purposes of disproportionate share payments as well because the 
    hospital had proved that it was similar to urban hospitals.
        Response: We believe the proposed policy is fully consistent with 
    the purpose of the statute, as well as the language. The geographic 
    reclassification process enables hospitals to be reclassified to 
    another geographic area for purposes of receiving the other area's 
    standardized amount or wage index, the two major components of a 
    hospital's prospective payment rate. As indicated in the June 4, 1991 
    final rule implementing the reclassification process, ``we believe 
    geographic reclassification should be limited to those hospitals which 
    are disadvantaged by their current geographic classification because 
    they compete with the hospitals that are located in the geographic area 
    to which they seek to be reclassified.'' (56 FR 25469.)
        For purposes of determining an appropriate standardized amount, a 
    hospital is not disadvantaged by its ``current geographic 
    classification'' if the area to which it seeks reclassification has the 
    same 
    
    [[Page 45801]]
    standardized amount. Rural hospitals requesting reclassification to 
    another urban area would receive the same standardized amount. We 
    believe it is appropriate to limit reclassifications ``for purposes 
    of'' the standardized amount to hospitals seeking reclassification to 
    an area with a higher standardized amount. We note that the statute 
    confers broad authority on the Secretary to determine the circumstances 
    under which reclassification is appropriate.
        In essence, the commenters are arguing that hospitals should be 
    allowed to seek reclassification solely for purposes of the DSH 
    adjustment. However, the statute specifies only two purposes for which 
    hospitals may seek reclassification--the standardized amount and the 
    wage index, the two major components that determine a hospital's base 
    prospective payment rate. We believe that, if it is appropriate not to 
    reclassify a hospital for purposes of the base payment rate itself, as 
    contemplated by the statute, it is appropriate not to reclassify the 
    hospital solely for purposes of the DSH adjustment to the base payment 
    rate.
        In response to the arguments that our proposed policy would place 
    rural hospitals unable to receive higher DSH payments at a competitive 
    disadvantage, any hospital unable to satisfy the criteria for 
    reclassification could claim it was placed at a competitive 
    disadvantage. For example, rural hospitals slightly beyond the 
    qualifying mileage requirement of 35 miles do not qualify for 
    reclassification even if they have costs like those of an urban 
    hospital. Almost every rural hospital in the country could argue that 
    it shares some characteristics with urban hospitals. However, a rural 
    hospital cannot argue now that it is disadvantaged because it is unable 
    to receive the standardized amount of an adjacent other urban area.
        Since all hospitals pay for geographic reclassification through the 
    budget neutrality process, it is HCFA's responsibility to develop 
    guidelines to determine when reclassification is appropriate. We 
    believe it is appropriate not to reclassify individual rural hospitals 
    to other urban areas for purposes of the standardized amount.
        Comment: Some commenters stated that the proposed change was 
    inconsistent with our previous policy of allowing rural hospitals to 
    reclassify to other urban areas and considering them urban for all 
    purposes (except the wage index). Many of the commenters were concerned 
    about the equity of our proposal since rural hospitals located near 
    large urban areas could continue to reclassify for the standardized 
    amount and receive higher DSH payments if they qualified, but rural 
    hospitals located next to other urban areas could not. Some of the 
    commenters also stated that since rural hospitals have proved that 
    their costs are similar to those of other urban hospitals they should 
    be eligible for any payments and adjustments that those hospitals 
    receive.
        Response: We believe that our proposed policy is consistent with 
    the previous policy of allowing rural hospitals to reclassify to other 
    urban areas for purposes of the standardized amount and considering 
    such hospitals urban for all purposes, including DSH payments. It is 
    important to consider the circumstances underlying each policy. At the 
    time the previous policy was implemented, the standardized amount for 
    rural areas was different from the standardized amount for other urban 
    areas, so it was appropriate to reclassify qualifying rural hospitals 
    to other urban areas and to consider them urban for purposes of the 
    standardized amount. We decided that, once a hospital was reclassified 
    as urban for purposes of the standardized amount, the hospital would 
    also be considered to be urban for all purposes (except the wage 
    index).
        As this analysis suggests, there is a two-step inquiry in 
    determining whether a rural hospital should be considered urban for a 
    purpose other than the standardized amount. The first, and threshold, 
    question is whether it is appropriate to reclassify the hospital for 
    purposes of the standardized amount itself, as contemplated by the 
    statutory language? Only if this threshold question is answered 
    affirmatively does one reach the second question: should the hospital 
    be considered urban for other purposes as well?
        Applying this analysis, rural hospitals seeking standardized amount 
    reclassification to other urban areas would now receive the same 
    standardized amount. Therefore, as explained earlier, we believe it is 
    appropriate not to reclassify these rural hospitals as urban ``for 
    purposes of'' the standardized amount. Since there is now no reason to 
    consider these hospitals as urban for purposes of the standardized 
    amount, we do not reach the second question of whether the hospitals 
    should be considered urban for other purposes as well.
        We recognize that there may be some possible inequity between rural 
    hospitals seeking reclassification to other urban areas and rural 
    hospitals seeking reclassification to large urban areas. However, the 
    statute does not mandate that hospitals reclassified as urban for 
    purposes of the standardized amount also be considered urban for 
    purposes of DSH. We could have decided initially that rural hospitals 
    reclassified to large urban areas for purposes of the standardized 
    amount would not be considered urban for other purposes. But then 
    arguably there would be some inequity between hospitals located in 
    urban areas and rural hospitals reclassified as urban for purposes of 
    the standardized amount.
        As explained above, we believe the most appropriate policy is to 
    first address the threshold question: whether it is appropriate to 
    reclassify certain rural hospitals for purposes of the standardized 
    amount. If the answer is yes, then we reach the second question: 
    whether the hospitals should be considered urban for other purposes. We 
    believe that all of our policies are consistent with this analysis.
        Comment: One commenter suggested that we were continuing to allow 
    rural hospitals adjacent to large urban areas to seek reclassification 
    because the large urban standardized amount is much higher than the 
    other standardized amount and few hospitals would be able to qualify 
    for such reclassification.
        Response: As stated earlier, we believe, consistent with the 
    statutory language and purpose, that it is appropriate for hospitals to 
    seek reclassification from rural areas to large urban areas for 
    purposes of the standardized amount because the other area has a higher 
    standardized amount.
        Comment: Two commenters mentioned the impact that this change would 
    have on rural referral centers. One commenter stated that many 
    hospitals had voluntarily relinquished their rural referral center 
    status in order to qualify for higher DSH payments and that HCFA had 
    previously acknowledged the benefit of such reclassification to these 
    hospitals. The commenters also stated that 18 hospitals eligible for 
    rural referral center status were reclassified to other urban areas in 
    FY 1995 and would lose $13.8 million if the proposal were implemented.
        Response: While we recognize that many hospitals voluntarily 
    relinquished their rural referral center status in the past to qualify 
    for DSH as an urban hospital and we are sympathetic to the financial 
    impact that the loss of higher DSH payments will have on these 
    hospitals, we believe it is appropriate not to allow these hospitals to 
    be reclassified for purposes of the standardized amount to another area 
    with the same standardized amount. Eligible hospitals may seek to have 
    rural referral center status reinstated. Although these hospitals would 
    not be considered urban for purposes of DSH 
    
    [[Page 45802]]
    payments, we note that, under section 1886(d)(5)(F)(iv) of the Act, 
    rural referral centers receive special treatment for purposes of DSH. 
    In addition, we have previously recognized the role that sole community 
    hospitals and rural referral centers play in preserving access to care 
    for rural Medicare beneficiaries by means of the MGCRB special access 
    rule, which waives the mileage requirement for such hospitals seeking 
    reclassification. (See 42 CFR 412.230(a)(3).)
        Comment: One commenter claims that our proposed change contravenes 
    the rationale behind HCFA's requirement that DSH be included in the 
    standardized amount reclassification test. The commenter asserts that 
    since HCFA has noted that DSH payments change depending on whether or 
    not a hospital is urban or rural and should be included in the 
    standardized amount calculation, hospitals that can qualify to 
    reclassify based upon including their DSH payments and costs should be 
    allowed to do so.
        Response: Again, there is a two-step analysis: first, is it 
    appropriate to reclassify rural hospitals to other urban areas (or 
    large urban areas) for purposes of the standardized amount; second, if 
    the answer to that threshold question is yes, then should the hospitals 
    be considered urban for purposes other than the standardized amount? As 
    indicated above, we believe it is appropriate not to reclassify a rural 
    hospital to an other urban area for purposes of the standardized amount 
    because the hospital would receive the same standardized amount. In 
    contrast, it is appropriate to reclassify rural hospitals to large 
    urban areas for purposes of the standardized amount, and when a rural 
    hospital qualifies to be considered urban for purposes of the 
    standardized amount, we believe it is appropriate to consider the 
    hospital urban for purposes of DSH. Applying this policy in determining 
    the geographic area (rural or large urban) to which a hospital should 
    be classified for purposes of the standardized amount, we believe that 
    applicable DSH payments and costs should be included in the qualifying 
    cost test because they reflect the costs and payments of the hospital 
    under the alternative scenarios.
        After considering the comments, we have decided to adopt the change 
    as proposed.
        b. Reclassification for Purposes of the Wage Index. Section 
    1886(d)(10)(C)(i)(II) of the Act requires the MGCRB to consider the 
    application of any prospective payment hospital for purposes of 
    changing its applicable wage index. Sections 412.230, 412.232, and 
    412.234 set forth the types of individual and group reclassifications 
    that are currently allowed. An individual rural hospital may reclassify 
    to another rural area or to an urban area. An individual urban hospital 
    may reclassify to another urban area for purposes of the wage index, 
    the standardized amount or both. A rural group may reclassify to an 
    urban area and an urban group may reclassify to another urban area, but 
    only for purposes of both the wage index and the standardized amount. 
    In the proposed rule we stated that we do not believe it is appropriate 
    for hospitals to seek reclassification to an area with a lower wage 
    index in an effort to use the MGCRB system inequitably (60 FR 29217).
        Therefore, under the proposed rule, a hospital that seeks to 
    reclassify for the purpose of the wage index may apply for 
    reclassification only to an area that has a higher pre-reclassified 
    average hourly wage than the pre-reclassified average hourly wage in 
    the hospital's original geographic area. We proposed revisions to 
    Secs. 412.230, 412.232, and 412.234 to reflect these changes.
        For group reclassifications, we proposed that either the pre-
    reclassified average hourly wage or the standardized amount of the area 
    to which the hospitals seek reclassification must be higher than the 
    corresponding figure of the area in which the hospitals are located for 
    the group to qualify for reclassification. These revisions are 
    effective for applications for reclassification due by October 2, 1995, 
    for reclassifications effective October 1, 1996. We received two 
    comments on our proposal to prohibit a hospital from reclassifying to 
    an area in which the pre-reclassification average hourly wage is lower 
    than the pre-reclassification average hourly wage in the hospital's 
    current area, both of which agreed with our changes. Therefore, we will 
    implement this requirement beginning with MGCRB applications due 
    October 2, 1995, effective for reclassifications for FY 1997.
        Comment: Although we made no proposal regarding the 108 percent 
    criterion, two commenters wrote to state their concern about the impact 
    of that criterion in relation to hospital reclassification for wage 
    index purposes. The current regulations require that among other 
    criteria, a hospital that seeks to be reclassified must have an average 
    hourly wage that equals or exceeds 108 percent of the average hourly 
    wage of the area in which it is located. One commenter believes that 
    this test is inappropriate, especially for hospitals that are the 
    predominant wage payers in an area. The commenter states that as a 
    hospital's wage influence in a labor market area increases, it becomes 
    proportionately less likely to satisfy the 108 percent rule.
        Response: We continue to believe that the 108 percent test is a 
    reliable measure for determining whether hospitals are truly aberrant 
    within their labor market areas and merit reclassification. We also do 
    not believe that it would be appropriate to exclude a hospital from its 
    labor market area in order for the hospital to qualify for 
    reclassification. Our policy has been that the wage data for all 
    hospitals located in a labor market area is to be used when determining 
    reclassification qualification. If one hospital is so dominant as to 
    affect the labor market area to the extent noted by the commenter, the 
    resulting average hourly wage (and thus the wage index value of the 
    area) is also affected by that hospital. Removing the dominant 
    hospital's data from the hourly wage calculation for purposes of 
    meeting the 108 percent test would, in our view, lead to inappropriate 
    reclassifications.
    2. Hospital Requests for Wage Data from HCFA
        Currently, regulations at Sec. 412.266 provide that a hospital may 
    request from HCFA certain wage data that are necessary for a complete 
    reclassification application to the MGCRB. The regulations also set 
    forth dates by which HCFA must respond to such requests. Before 1994, 
    hospitals needed to obtain data on average hourly wages directly from 
    HCFA, since the data were not available from any other source. 
    Beginning with the May 27, 1994, proposed rule, we have included the 
    average hourly wage data for each hospital in the proposed and final 
    rules as part of Table 3c. Therefore, hospitals no longer need to 
    contact HCFA to obtain the data necessary to apply for 
    reclassification. Thus, we are revising Sec. 412.266 to indicate that 
    hospitals are to obtain the necessary data from the Federal Register 
    document. We received no comments on this change and are adopting it as 
    proposed.
    3. Elimination of the MGCRB
        As discussed above, under section 1886(d)(10) of the Act, the MGCRB 
    is charged with reviewing and making decisions on hospital requests for 
    geographic reclassification. Since implementation of this process 5 
    years ago, many changes have been made to the criteria that hospitals 
    must meet in order to qualify for reclassification. The majority of 
    these criteria are now 
    
    [[Page 45803]]
    objective standards that are easily assessed. However, the MGCRB 
    application process remains essentially unchanged. We solicited 
    comments concerning alternatives for revising and simplifying the 
    reclassification system (60 FR 29218) including the possibility of 
    eliminating the MGCRB and transferring its decisionmaking authority to 
    HCFA. In addition, we suggested that if the reclassification process 
    was revised and simplified, it might be possible to use more current 
    wage data in making reclassification decisions.
        Comment: We received seven comments in response to our suggestion 
    that the MGCRB could be eliminated. Five of the commenters were opposed 
    to this suggestion and two stated that they were not opposed to such a 
    change. One of the latter two commenters agreed with us that the 
    criteria for reclassification are essentially mechanical and can be 
    applied unambiguously by an administering agency.
        The commenters opposed to the elimination of the MGCRB believe that 
    the Board remains the appropriate entity for reviewing reclassification 
    applications and should be preserved. Commenters stated that the 
    independent administrative review offered by the MGCRB is necessary to 
    counterbalance the authority that HCFA holds over the process through 
    its implementation of strict numerical standards and the statutory 
    prohibition on judicial review of MGCRB and Administrator decisions. 
    Several commenters requested that, rather than eliminate the Board 
    because of the more mechanical nature of its review, HCFA should 
    restructure the qualifying criteria for reclassification to allow the 
    MGCRB the ability to consider a wide range of hospital-specific facts 
    in determining whether geographic reclassification would be appropriate 
    for a particular hospital or group of hospitals.
        One commenter stated that in proposing to use more current wage 
    data HCFA must not have examined its own time line. Using more current 
    data would require either not allowing hospitals time to review their 
    wage data prior to reclassification, or moving the fiscal intermediary 
    review of wage data to earlier in the wage data verification process. 
    The commenter believes that it is essential not to limit the amount of 
    time hospitals have to review their own wage data before it is 
    implemented.
        Another commenter noted that it might be possible to improve the 
    MGCRB process without transferring the Board's functions to HCFA. The 
    commenter stated that they would support a legislative proposal to 
    change the March 30 deadline for MGCRB decisions if it would allow for 
    the improvement of the process and the use of more accurate data.
        Response: We will take the commenters' suggestions into account as 
    we consider whether to pursue statutory changes in the law governing 
    the reclassification process. Regarding the comments that eliminating 
    the Board would grant too much authority to HCFA, we believe that 
    instituting a process in which HCFA rather than the MGCRB makes the 
    geographic reclassification decisions would not result in a 
    significantly different outcome. This is because of the basically 
    objective nature of the current reclassification criteria and provision 
    for the Administrator's discretionary review as set forth in the 
    regulations at Sec. 412.278(c). In addition, we believe that a process 
    that is handled entirely by HCFA could lead to some administrative 
    simplification in the application process. We understand the concerns 
    about using more recent wage data that has not been thoroughly verified 
    through the process described in section III. B of this preamble and 
    will bear these concerns in mind as we further analyze potential 
    changes.
    4. MGCRB Address Change
        The MGCRB has recently moved its offices to a new location. 
    Therefore, hospitals that wish to apply to the MGCRB for geographic 
    reclassification for FY 1997 should submit their applications to the 
    following new mailing address: MGCRB; P.O. Box 31713; Baltimore, MD, 
    21207-8713. The address for deliveries is: MGCRB; 7500 Security 
    Boulevard; Room C1-09-13; Baltimore, MD 21244-1850.
    
    F. Alternative Labor Market Areas
    
        In the proposed rule, we summarized our position with regard to 
    further research into changing labor market areas and summarized the 
    major comments we received in response to last year's proposals for 
    potential revisions to labor market areas. There was no consensus among 
    the commenters on the potential options for new labor market areas. 
    Many individual hospitals that commented expressed dissatisfaction with 
    all of the proposals.
        One of the options for revising labor market areas was a blended 
    wage index that used the MSA-based system but generally gave a 
    hospital's own wages a higher weight than under the current system. 
    Under this option the wage index of each hospital would be based on a 
    average of that hospital's own average hourly wages and the average 
    hourly wages of other hospitals in its labor area (either an MSA or 
    Statewide rural area). We stated that while we believed a blended wage 
    index might have merit, we were not planning to propose it given the 
    generally negative comments we received on changes in the labor market 
    areas.
        Comment: We received two comments in response to our summary of 
    labor market comments in the proposed rule. One commenter endorsed our 
    statement that there was no clear ``best'' labor market option to 
    pursue. The commenter also stated that the current wage areas coupled 
    with the reclassification process best measures hospital labor market 
    areas. The other commenter expressed disappointment that we had decided 
    not to endorse an alternative labor market classification system such 
    as the blended wage index. This commenter asserted that a blended wage 
    index, in which a hospital's wages would generally be given greater 
    weight in developing the hospital's wage index than under the current 
    system, would not cause hospitals to increase their wages in order to 
    increase payments. The commenter also expressed disappointment that we 
    did not propose a method for redefining the Boston New England County 
    Metropolitan Area (NECMA) which the commenter believes is too large to 
    encompass the actual Boston labor market area.
        Response: The Boston NECMA was expanded by OMB as part of its 
    revised MSA definitions based on 1990 data. As we noted in the 
    September 1, 1993 final rule (58 FR 46292) in response to a similar 
    comment, pursuant to our broad discretion under section 1886(d)(3)(E) 
    of the Act, we currently define labor market areas for purposes of the 
    wage index on the basis of MSAs and NECMAs. Thus, until alternative 
    labor market areas are established we believe the MSA definitions 
    should be applied consistently for purposes of the wage index. Since 
    there does not appear to be a consensus among hospitals on new labor 
    market areas, we have not made any proposals in this area. As we stated 
    in the proposed rule, we are willing to conduct additional research if 
    we receive recommendations of feasible options that we have not 
    explored previously.
    IV. Other Decisions and Changes to the Prospective Payment System for 
    Inpatient Operating Costs
    
    A. Payment for Transfer Cases (Section 412.4)
    
        The prospective payment system distinguishes between 
    ``discharges,'' 
    
    [[Page 45804]]
    situations in which a patient leaves an acute-care hospital after 
    receiving complete treatment, and ``transfers,'' situations in which 
    the patient is transferred to another acute-care hospital for related 
    care. If a full DRG payment were made to each hospital involved in a 
    transfer situation irrespective of the length of time the patient spent 
    in the ``sending'' hospital before transfer, this would create a strong 
    incentive to increase transfers, thereby unnecessarily endangering 
    patients' health. Therefore, the regulations at Sec. 412.4(d) provide 
    that, in a transfer situation, full payment is made to the final 
    discharging hospital and each transferring hospital is paid a per diem 
    rate for each day of the stay, not to exceed the full DRG payment that 
    would have been made if the patient had been discharged without being 
    transferred.
        Currently, the per diem rate paid to a transferring hospital is 
    determined by dividing the full DRG payment that would have been paid 
    in a nontransfer situation by the geometric mean length-of-stay for the 
    DRG into which the case falls. Transferring hospitals are also eligible 
    for outlier payments for cases that meet the cost outlier criteria 
    established for all cases (nontransfer and transfer cases alike) 
    classified to the DRG. They are not, however, eligible for day outlier 
    payments. Two exceptions to the transfer payment policy are transfer 
    cases classified into DRG 385 (Neonates, Died or Transferred to Another 
    Acute Care Facility) or DRG 456 (Burns, Transferred to Another Acute 
    Care Facility), which are not paid on a per diem basis but instead 
    receive the full DRG payment.
        In the May 27, 1994 proposed rule, we proposed to revise our 
    payment methodology for transfer cases. Under the proposal, for the 
    first day of a transfer, the per diem amount would be doubled, while a 
    flat per diem amount would be paid for each succeeding day, up to the 
    full DRG payment (59 FR 27734). We also proposed at that time to change 
    our definition of a transfer case to include cases transferred from an 
    acute-care setting paid under the prospective payment system to a 
    hospital or unit excluded from the prospective payment system. When we 
    published the September 1, 1994 final rule with comment period, we 
    withdrew these proposals for FY 1995 (59 FR 45362) based on negative 
    comments and further analysis. In that final rule, however, we stated 
    our intention to continue to evaluate the appropriateness of our 
    transfer policy.
        For FY 1996, we again proposed to adopt a graduated per diem 
    payment methodology for transfer cases. Again, under this methodology, 
    we would pay double the per diem amount for the first day and the per 
    diem amount for subsequent days (up to the full DRG amount). We did not 
    propose to revise our definition of transfers. However, we noted that 
    we were concerned about an accelerating trend toward earlier discharges 
    to postacute settings. Therefore, we solicited public comments 
    regarding this trend and the implications this has for the design of 
    our payment systems. In its March 1, 1995 report, ProPAC supported our 
    proposed payment methodology (Recommendation 11) and expressed its 
    concern ``about the continuity of care across treatment settings.'' The 
    Commission also indicated its willingness to work with the Secretary to 
    explore this issue. The following discussion describes our change to 
    the transfer payment methodology and some of the issues identified by 
    our further analysis of transfer cases.
    1. Payment for Transfer Cases
        As part of a study of Medicare transfer cases funded by HCFA 
    (``Transfers of Medicare Hospital Patients under the Prospective 
    Payment System'', PM-191-HCFA, January 1994), RAND found that among 
    cases transferred before reaching the geometric mean length-of-stay, 1-
    day stays cost 2.096 times the per diem payment amount for cases in 
    nonsurgical DRGs and 2.576 times the per diem for surgical DRGs (based 
    on FY 1991 data). Among nonsurgical transfer cases, the costs of 2-day 
    stays were about 1.215 times the per diem payment amount, and cases 
    transferred after 2 days cost about 10 percent more than the applicable 
    per diem amount. Among surgical cases, the costs of stays of 2 or more 
    days were actually about 7 percent below the applicable per diem 
    amount.
        In order to pay hospitals more appropriately for the treatment they 
    furnish to patients before transfer, we proposed to revise 
    Sec. 412.4(d)(1) to pay transfers twice the per diem amount for the 
    first day of any transfer stay plus the per diem amount for each of the 
    remaining days before transfer, up to the full DRG amount. (Our 
    concerns about basing the gradation of the per diem scale on the actual 
    coefficients as estimated by RAND were described in last year's 
    proposed and final rules, as referenced above.) This change will apply 
    uniformly for both medical and surgical transfer cases; although 
    surgical transfer cases appear to be more costly on average for the 
    first day, they are relatively less costly for the second day and 
    beyond.
        If the patient is transferred again before final discharge, then, 
    under this change, all sending hospitals involved would be paid using 
    the graduated per diem methodology rather than the flat per diem rate 
    they currently receive. For example, a case transferred from a 
    community hospital to a tertiary care hospital for a procedure that is 
    not performed at the community hospital, may subsequently be 
    transferred back to the community hospital, which ultimately discharges 
    the patient home. In such a case, the community hospital and the 
    tertiary care hospital would be paid using the transfer payment 
    methodology for the first two phases of the hospitalization, and the 
    community hospital would also receive a DRG amount for the final phase 
    when it discharges the patient. This is our current policy, as well. 
    Each phase of the hospitalization is assigned a DRG based on the 
    diagnosis and procedures applicable to that particular phase; 
    therefore, a different DRG could be assigned to each phase.
        Transfer cases would continue to be eligible for additional 
    payments as cost outliers. In the September 1, 1993 final rule, we set 
    forth revised qualifying criteria for transfer cases to be eligible for 
    cost outlier payments (58 FR 46305). Before that change, transfer cases 
    were required to meet the same criteria to qualify for cost outliers as 
    were discharges. The revised policy adjusts the outlier threshold for 
    transfer cases to reflect the fact that transfer cases were receiving a 
    reduced payment amount under the per diem methodology. Last year, when 
    we revised the cost outlier qualifying criteria so that it was based on 
    a fixed loss threshold, the qualifying criteria for transfers continued 
    to reflect the fact that their payment amounts are reduced relative to 
    the full DRG amount. Although we did not state this explicitly in the 
    September 1, 1994 final rule, it is the policy we have employed, and 
    intend to continue to employ, since the fixed loss threshold was 
    implemented October 1, 1994. In the proposed rule, we described the 
    cost outlier threshold for transfer cases as equal to the fixed loss 
    amount (for FY 1995, the prospective payment rate for the DRG plus 
    $20,500), divided by the geometric mean for the DRG, multiplied by the 
    length of stay before transfer. In order to maintain the correct 
    relationship between the payment received under the new graduated per 
    diem methodology and the outlier threshold, for FY 1996, the per diem 
    outlier threshold should be multiplied by the length of stay before 
    transfer plus one day. Of course, the threshold is limited 
    
    [[Page 45805]]
    to the prospective payment rate for the DRG plus the fixed loss amount.
        Using the graduated per diem methodology, RAND estimated the 
    payment-to-cost ratio of transfer cases that were transferred before 
    reaching the geometric mean length of stay would be 0.9321. While this 
    is somewhat less than the payment-to-cost ratio for nontransfer cases 
    (0.9645), it represented a significant improvement over the current 
    ratio for transfer cases (0.7224). Using more recent data (FY 1993 
    MedPAR) and payment policies (FY 1995), we estimated the improvement in 
    the payment-to-cost ratio for transfer cases to be from 0.7548 under 
    the current flat per diem policy to 0.9701 under the graduated per diem 
    policy.
        Section 109 of the Social Security Act Amendments of 1994 (Public 
    Law 103-432), which amended section 1886(d)(5)(I) of the Act, 
    authorized the Secretary to make adjustments to the prospective payment 
    system standardized amounts so that adjustments to the payment policy 
    for transfer cases do not affect aggregate payments. In light of this 
    authority, we believe the benefits of the graduated per diem 
    methodology now outweigh the concerns that we expressed in the 
    September 1, 1994 final rule. Our methodology for applying this 
    adjustment was described in section II of the Addendum to the proposed 
    rule and is included in this final rule as well.
        Finally, we proposed to revise the DRG recalibration methodology so 
    that transfer cases are treated as a proportion of a full case based on 
    the transfer payment amount (as discussed above in section II.C of this 
    preamble). Specifically, we proposed to weight transfer cases as less 
    than a full discharge based on the proportion of the total DRG amount 
    the hospital receives under the graduated per diem transfer payment 
    methodology. This has the effect of increasing the relative weights of 
    the DRGs with a high number of short-stay transfer cases.
        Comment: All of the comments we received regarding our revision to 
    the transfer payment methodology were in support of the proposal. 
    ProPAC wrote that ``(t)his policy will improve payment equity for 
    hospitals that must transfer a large number of patients to other 
    hospitals.''
        Response: All of the comments favored our proposal, and we have 
    adopted the proposal without change. We appreciate ProPAC's valuable 
    contribution to the analysis of the transfer payment methodology. We 
    share its conclusion that this change will appropriately benefit 
    hospitals that transfer large numbers of patients.
    2. Definition of a Transfer Case
        Under current policy, cases that are transferred from an acute-care 
    hospital paid under the prospective payment system to another type of 
    provider or unit are considered to be discharges (as opposed to 
    transfers) from the acute-care hospital. As a discharge, payment for 
    the case is the full DRG amount.
        As noted above, we are concerned that the current trend of 
    declining average lengths of stay as hospitals transfer Medicare 
    patients into alternative health care settings (other than acute care) 
    in less time may result in a misalignment of payments and costs under 
    our existing payment systems. In particular, we are concerned that 
    hospitals paid under the prospective payment system may be shifting 
    costs (for which they are compensated through the DRG payments) to 
    alternative settings, which in turn may be paid on a cost basis.
        In the September 1, 1994 final rule, we explained our rationale for 
    proposing to consider patients transferred to excluded hospitals or 
    units as transfers rather than discharges. Briefly, our proposal was 
    ``based upon the premise that an increasing number of patients are 
    being transferred to excluded hospitals or units and that these 
    patients are still in the acute care phase of treatment when they are 
    transferred.'' (See 59 FR 45364.) We also explained our reason for 
    continuing to consider patients going to a skilled nursing facility 
    (SNF) as discharges. In that regard, we stated that ``(w)e did not 
    propose to consider discharges to SNFs as transfers because we do not 
    consider SNFs to be hospital settings; thus, there is generally little 
    overlap with acute care hospitals in the services provided.'' Based 
    upon further analysis of patient discharge trends and research on the 
    type and outcomes of care provided in SNFs, as well as anecdotal 
    evidence drawn from the health care industry, we no longer believe 
    there is a clear distinction between the type of care provided in SNFs 
    and the type of care provided in hospitals or units excluded from the 
    prospective payment system, such as rehabilitation and long-term care 
    facilities.
        Therefore, we considered proposing to expand our definition of 
    transfers to include not only cases going from one hospital paid under 
    the prospective payment system to another but also cases transferred to 
    excluded hospitals and units as well as SNFs. However, as discussed 
    below, our analysis has identified problems that need to be addressed. 
    Nevertheless, once we are convinced these problems can be effectively 
    handled, we intend to proceed with implementing policy changes designed 
    to remedy this issue.
        First, our analysis (as well as anecdotal evidence) indicates that 
    the settings where acute care is now being delivered are rapidly 
    expanding and evolving. To the extent that payment is affected by where 
    a patient goes after an acute hospitalization, it is critical to 
    understand the clinical capabilities of different types of settings, so 
    that the incentives created by the payment system do not unduly 
    influence the choice of where to send a patient for postacute care. 
    That is, all like provider settings should be treated equally in terms 
    of payment incentives. Currently, the settings that are considered as 
    alternatives to acute care are expanding rapidly, and we want to be 
    sure that we do not create unforeseen financial incentives toward one 
    alternative over another by any redefinition of transfers.
        In addition, as discussed in last year's final rule, hip 
    replacement cases (which, as a group, constitute one of the largest 
    sources of Medicare cases moving from acute to postacute settings) 
    would be systematically underpaid under either the current or the 
    proposed per diem methodology. This is because the cost of the surgery 
    including the prosthetic device, which is incurred in the first day or 
    two of the stay, constitutes a large percentage of the total cost of 
    the stay. A graduated per diem would have to be skewed greatly toward 
    the first day to approximate the daily cost distribution.
        We, therefore, solicited public comment with regard to these 
    issues. Specifically, we were interested in suggestions on how best to 
    adapt our payment methodologies for hospitals and units (both acute 
    care paid under the prospective payment system and those excluded from 
    this system), SNFs, and home health agencies in response to the 
    evolving integrated delivery systems. We were particularly interested 
    in comments and suggestions on how to design a comprehensive payment 
    system that better matches payments with the costs providers actually 
    incur in furnishing care (that is, reducing hospital payments when a 
    significant phase of a patient's acute episode is treated in other than 
    an acute hospital inpatient setting). A major issue in developing such 
    an integrated payment system is to neutralize the incentives that arise 
    in terms of where patients are treated. For example, hospitals should 
    continue to be adequately compensated for acute inpatient 
    hospitalization where appropriate, so that there will not 
    
    [[Page 45806]]
    be an adverse incentive to move patients prematurely to alternative 
    settings.
        We appreciate the numerous comments we received in response to this 
    solicitation. Many of them shed new light on our understanding of the 
    complicated issues involved, and will serve to enhance our analysis as 
    we grapple with these issues in the future.
        Comment: Many commenters misinterpreted our discussion related to 
    the definition of transfer cases as a proposal to expand the definition 
    to include patients moving from an acute care hospital to a hospital or 
    unit excluded from the prospective payment system or to an SNF.
        Response: We wish to make clear that we did not propose a change to 
    the definition of transfers. We identified an expanded definition (one 
    that would encompass patients going to SNFs) as one possible approach. 
    We went on, however, to discuss why we were not proposing to make such 
    a change to the definition at this time. Furthermore, we did not 
    suggest that we would pay postacute care providers on the basis of the 
    hospital DRGs.
        Comment: The majority of the commenters who discussed an expanded 
    definition of transfers as one approach to address the blurring 
    distinction between different sites of care were opposed to it. Several 
    commenters argued that there remains a clear distinction between the 
    care provided in acute care hospitals and that provided by postacute 
    care providers, and therefore it would be inappropriate to consider 
    these cases as transfers. The point was also raised that defining these 
    cases as transfers would create a financial incentive to hold them in 
    the acute care hospital longer, in order to avoid a reduction in 
    payment. On the other hand, some commenters pointed to ``perverse 
    incentives'' under the current system that encourage early discharges.
        Some commenters who argued against last year's proposal wrote to 
    support a redefinition of transfers that includes SNFs. These 
    commenters indicated they were in favor of an expanded definition if it 
    included cases going to SNFs as transfers. Conversely, several 
    commenters opposed including cases going to SNFs, arguing that ``HCFA 
    will not accomplish its goal since it will effectively remove any 
    incentive for hospitals to move patients into a more cost-effective 
    setting for subacute care.'' Not surprisingly, opinions on whether any 
    redefinition of transfers should include cases going to SNFs divided 
    along lines of whether the commenter represented SNFs or excluded 
    hospitals.
        Response: We would like to make clear that we recognize the 
    importance of rehabilitative care as a necessary and distinct phase of 
    the episode of care for many patients. Similarly, we recognize the 
    historical distinctions between different providers of postacute care, 
    as evidenced, for example, by our different payment policies for 
    excluded hospitals and SNFs. Nevertheless, we are convinced these 
    distinctions have recently become increasingly ill-defined. Part of the 
    difficulty in addressing this issue, however, is that, while some 
    providers have taken great strides toward integrating their health care 
    delivery systems, many others continue to operate under the more 
    traditional approach, with clear distinctions existing between the 
    providers at different phases of patients' care.
        We have repeatedly indicated our belief that the incentives created 
    by our payment policy should be neutral in terms of the settings where 
    patients receive care. That is, the payment received should correspond 
    to the costs of the care provided, so that decisions regarding the 
    appropriate site of care are based on clinical, not economic, concerns. 
    As noted above, our concern stems from increasing indications that in 
    certain contexts our present payment system no longer reflects provider 
    costs as accurately as it once did. On the other hand, we believe that, 
    for the most part, our per diem payment methodology for transfer cases 
    does meet this test. Although payments for transfer cases are reduced 
    relative to full discharges, they reflect the reduction in resources 
    hospitals commit to these cases (particularly under our graduated per 
    diem methodology). However, one of the issues of expanding this 
    transfer payment methodology to cases going to excluded hospitals and 
    units, as well as SNFs, is the underpayment for hip replacements. To 
    the extent that the transfer payment is below costs, economic 
    considerations are more likely to enter into the decision of when to 
    release a patient and to which type of setting.
        Finally, with regard to whether any redefinition of transfers 
    should or should not include SNFs, we noted in the proposed rule (and 
    reiterated above) that patients appear to be going to SNFs sooner from 
    acute care settings. On the whole, the comments we received reinforced 
    this belief. We will, however, continue to evaluate this issue.
        Comment: Some commenters indicated that the redefinition of 
    transfers should apply only to hospital-based distinct part units or in 
    the case of long-term care hospitals, to a ``hospital within a 
    hospital,'' where the incentive to transfer early is strongest. In the 
    words of two commenters: ``(t)his perverse situation is becoming more 
    common as States make it easier for hospitals to circumvent the normal 
    health planning process to convert excess acute care beds to cost-
    based, distinct part units.''
        Response: We share many of the concerns expressed in these comments 
    regarding the special potential for abuse that exists in such 
    situations, and have addressed some of the potential abuses inherent in 
    the ``hospital within a hospital'' arrangements in section IV of this 
    preamble. However, we have historically recognized that many of the 
    distinct part unit situations arise from legitimate efficiency 
    incentives on the part of hospital administrators. In addition, 
    implementing such a proposal would likely multiply the types of 
    problems arising in the ``hospital within a hospital'' issue, as 
    hospitals devise new relationships for postacute care.
        Comment: It was suggested that, if we redefine transfers to include 
    cases moving to excluded hospitals and units as well as SNFs, one State 
    should be exempted because, among other reasons, the State's hospitals 
    cannot establish exempt units without receiving a State Certificate of 
    Need.
        Response: One of the major factors leading us to pursue refinements 
    with respect to this issue is the fact that not all areas of the 
    country have equal access to postacute care alternatives. Currently, 
    among those DRGs experiencing the most dramatic declines in length of 
    stay, the relative weights are declining as the resources expended for 
    these cases by acute care hospitals around the country decline. 
    Because, effective for FY 1996, for purposes of recalibrating the DRGs, 
    transfer cases are weighted in proportion to their payments, expanding 
    the definition of transfer cases would alleviate some of the downward 
    impact these cases have on the DRG weights. Hospitals lacking the 
    opportunity to decrease their lengths of stay by transferring patients 
    to postacute care settings would thereby benefit.
        Comment: A number of commenters suggested that the appropriate 
    means to address the issue of declining lengths of stay was through the 
    DRGs and the prospective payment system, not the definition of a 
    transfer. One commenter, for example, correctly asserts that the 
    reduced resources attributable to cases discharged early from the acute 
    hospital would ultimately result in lower DRG weights. Others called 
    for the system to be rebased in order to capture the savings from the 
    shorter lengths of stay. 
    
    [[Page 45807]]
    Many commenters argued that it would be inappropriate to reduce 
    payments for cases discharged prior to the mean without simultaneously 
    increasing payments for cases discharged after the mean.
        Response: An integral concept of the prospective payment system is 
    that a predetermined payment can be made for an identifiable and 
    distinct phase of care. To the extent that hospitals can provide this 
    acute phase of patients' care at costs below average, they profit under 
    this system. In response to this incentive, lengths of stay declined 
    dramatically in the first few years after implementation of the 
    prospective payment system.
        Our concern regarding the misalignment of payments and costs arises 
    when the acute phase of care may no longer be completed within the 
    hospital. At that point, it is no longer sufficient to rely on the 
    recalibration of the relative weights of the DRGs to correct the 
    balance between payments and costs. Recalibration is, by definition, a 
    budget neutral process. While payments will decline for the DRGs with 
    cases that are being moved earlier out of the hospital, this decline 
    will necessarily be offset by relative increases for other DRGs. The 
    net result is that total payments systemwide are the same despite the 
    cost reductions.
        One way of potentially capturing these reductions would be to 
    rebase the standardized amounts using more recent cost data. We are not 
    convinced at this time, however, that such a dramatic approach is 
    warranted. In addition, due to the need to use audited cost data in any 
    such rebasing, it is questionable to what extent rebasing at this time 
    would capture these savings, since this trend has apparently begun to 
    accelerate only in the last year or two.
        We disagree with the comments that it is inappropriate to reduce 
    payments for cases discharged prior to the mean without simultaneously 
    increasing payments for cases discharged after the mean. Cases with 
    long lengths of stay may be eligible for outlier payments. In addition, 
    as we pointed out in last year's final rule, generally fewer than 10 
    percent of cases in the DRGs most likely to receive postacute care 
    leave the acute care hospital before the geometric mean length of stay, 
    minus one day, and would therefore receive payment under the per diem 
    methodology (59 FR 45365).
        Comment: Several commenters noted that our current payment 
    methodologies are predominately fee-for-service, and that this method 
    of paying for health care will become much less prevalent in the near 
    future. These commenters suggested that under a Medicare capitated 
    payment methodology many of the issues with which we are concerned will 
    resolve themselves.
        Response: We agree that issues pertaining to properly allocating 
    payments among service providers is significantly a function of our 
    fee-for-service payment systems, which are largely required by the 
    Medicare law. Nevertheless, given the amount of money currently paid 
    through our fee-for-service systems, and the projections from the 
    Office of the Actuary regarding the Medicare Trust Fund, the need to 
    address this issue is pressing. Therefore, given the uncertainty about 
    major legislative changes to our payment systems, we intend to pursue a 
    solution that can be implemented relatively soon.
        Comment: In response to our request, we received numerous 
    suggestions for alternative approaches to address the evolving 
    integration of the various phases of a patient's care across different 
    provider settings. In the timeframe we are under to publish this final 
    rule, we cannot appropriately analyze and respond to all of them. 
    Additional comments we received included the following:
         There is no current infrastructure to accommodate a 
    bundled payment system for acute and postacute care.
         HCFA should rely on the utilization review process to 
    identify individual abusive providers and deal with them on an 
    individual basis.
         HCFA should pursue its stated intention to better 
    understand the clinical capabilities of various postacute settings.
         All types of providers of inpatient rehabilitation 
    services should be under the same payment system (the Functional 
    Related Groups concept was suggested).
         Hospital outpatient services should be included in the 
    analysis of postacute care.
         HCFA should establish a commission to consider both the 
    financial and clinical aspects of postacute care.
         A new discharge status code should be established for 
    patients transferred for subacute, rather than postacute, care.
        A number of revisions to SNF payment policy were also recommended, 
    including a more stringent review of cost limit exception requests, a 
    cap on exceptions based on like providers, elimination of the 3-day 
    hospital stay requirement for Medicare SNF coverage, permitting 
    providers to establish multiple distinct parts, and applying the 
    hospital-based routine cost limits to freestanding SNFs.
        Response: As noted above, we appreciate the many suggestions we 
    received and will take each into consideration as we pursue our 
    options. In addition, we anticipate that we will continue to work with 
    the hospital industry as we proceed in our efforts to address this 
    problem.
    
    B. Physician Attestation (Section 412.46)
    
        Under current Medicare regulations at Sec. 412.46(a), physicians 
    are required to sign an attestation statement for each hospital 
    discharge before the claim can be submitted to the intermediary for 
    payment. With this attestation, the physician is certifying the 
    accuracy of the principal and secondary diagnoses and the major 
    procedures performed for each patient during the inpatient stay. 
    Because this information dictates which DRG is assigned to a case, it 
    is extremely important that it be correct so that proper Medicare 
    payment can be made.
        The attestation statement the physicians sign reads as follows:
    
        I certify that the narrative descriptions of the principal and 
    secondary diagnoses and the major procedures performed are accurate 
    and complete to the best of my knowledge. (Sec. 412.46(a).)
    
    Although a hospital official is required to certify on each Medicare 
    claim form that all the data are correct, when the prospective payment 
    system was first implemented, we believed that we needed a clear 
    statement for each claim concerning the validity of that data. At the 
    time, we believed that the physician was in the best position to attest 
    to the information.
        The hospital must also have on file a signed and dated 
    acknowledgement from the attending physician that the physician has 
    received the following notice:
    
        Notice to Physicians: Medicare payment to hospitals is based in 
    part on each patient's principal and secondary diagnoses and the 
    major procedures performed on the patients, as attested to by the 
    patient's attending physician by virtue of his or her signature in 
    the medical record. Anyone who misrepresents, falsifies, or conceals 
    essential information required for payment of Federal funds, may be 
    subject to fine, imprisonment, or civil penalty under applicable 
    Federal laws. (Sec. 412.46(c)(1).)
    
    We implemented these requirements to ensure a means of holding 
    hospitals and physicians accountable for the information they submit on 
    the Medicare claims form. At the time, we believed that these 
    statements were valuable tools for ensuring the validity of DRG claims.
        Over the years, we have received many complaints from both 
    hospitals 
    
    [[Page 45808]]
    and physicians concerning the administrative burden of completing the 
    attestation and acknowledgement statements. In a final rule with 
    comment period published in the Federal Register on March 9, 1994 (59 
    FR 11003), we revised the regulations to require that a physician need 
    sign the acknowledgement statement only upon receiving admitting 
    privileges at a hospital and no longer was required to sign the 
    statement every year.
        In practice, review of attestation statements by the Peer Review 
    Organizations (PROs) as a part of DRG validation review has resulted in 
    less than a 0.01 percent denial rate of sampled claims. Therefore, in 
    an effort to reduce burden, we are revising the regulations to 
    eliminate the physician attestation requirement.
        We believe that this will reduce the burden on both physicians, who 
    must sign an attestation on each of the approximately 11 million 
    Medicare inpatient claims a year, and on hospitals, which are 
    responsible for obtaining the signatures before they can submit 
    completed claims for payment. In addition, the hospital claim form (UB-
    92), which must be signed by a hospital representative, contains a 
    certification statement that reads as follows:
    
        Anyone who misrepresents or falsifies essential information 
    requested by this form may upon conviction be subject to fine and 
    imprisonment under Federal or State law.
    
    Because the hospital remains responsible for certifying that the 
    hospital claim is accurate, we believe that we can hold the hospital 
    responsible for the accuracy of the diagnostic and procedural 
    information. We are revising revise Sec. 412.46 by eliminating 
    paragraphs (a), (b), (d), and (e). We note that on January 20, 1995, 
    HCFA notified its Regional Offices that the PROs would no longer be 
    responsible for performing attestation review.
        Although this revision was not included in the proposed rule, we 
    did receive many comments requesting that we eliminate the physician 
    attestation requirement. In addition, this change was announced in July 
    by Vice President Albert Gore, as one of the Administration's health 
    care regulatory reforms.
    
    C. Rural Referral Centers (Section 412.96)
    
        Under the authority of section 1886(d)(5)(C)(i) of the Act, 
    Sec. 412.96 sets forth the criteria a hospital must meet in order to 
    receive special treatment under the prospective payment system as a 
    rural referral center. For discharges occurring before October 1, 1994, 
    rural referral centers received the benefit of payment based on the 
    other urban payment rate rather than the rural payment rate. As of that 
    date, the other urban and rural payment rates are the same. However, 
    rural referral centers continue to receive special treatment under both 
    the disproportionate share hospital payment adjustment and the criteria 
    for geographic reclassification.
        One of the criteria under which a rural hospital may qualify as a 
    referral center is to have 275 or more beds available for use. A rural 
    hospital that does not meet the bed size criterion can qualify as a 
    rural referral center if the hospital meets two mandatory criteria 
    (number of discharges and case-mix index) and at least one of three 
    optional criteria (medical staff, source of inpatients, or volume of 
    referrals). With respect to the two mandatory criteria, a hospital may 
    be classified as a rural referral center if its--
         Case-mix index is at least equal to the lower of the 
    median case-mix index for urban hospitals in its census region, 
    excluding hospitals with approved teaching programs, or the median 
    case-mix index for all urban hospitals nationally; and
         Number of discharges is at least 5,000 discharges per year 
    or, if fewer, the median number of discharges for urban hospitals in 
    the census region in which the hospital is located. (The number of 
    discharges criterion for an osteopathic hospital is at least 3,000 
    discharges per year.)
    1. Case-Mix Index
        Section 412.96(c)(1) provides that HCFA will establish updated 
    national and regional case-mix index values in each year's annual 
    notice of prospective payment rates for purposes of determining rural 
    referral center status. In determining the proposed national and 
    regional case-mix index values, we followed the same methodology we 
    used in the November 24, 1986 final rule, as set forth in regulations 
    at Sec. 412.96(c)(1)(ii). Therefore, the proposed national case-mix 
    index value included all urban hospitals nationwide, and the proposed 
    regional values were the median values of urban hospitals within each 
    census region, excluding those with approved teaching programs (that 
    is, those hospitals receiving indirect medical education payments as 
    provided in Sec. 412.105).
        The values in the proposed rule were based on discharges occurring 
    during FY 1994 (October 1, 1993 through September 30, 1994) and 
    included bills posted to HCFA's records through December 1994. 
    Therefore, in addition to meeting other criteria, we proposed that to 
    qualify for initial rural referral center status or to meet the 
    triennial review standards for cost reporting periods beginning on or 
    after October 1, 1995, a hospital's case-mix index value for FY 1994 
    would have to be at least--
         1.3165; or
         Equal to the median case-mix index value for urban 
    hospitals (excluding hospitals with approved teaching programs as 
    identified in Sec. 412.105) calculated by HCFA for the census region in 
    which the hospital is located. (See the table set forth in the June 2, 
    1995 proposed rule at 60 FR 29222.)
        Based on the latest data available (FY 1994 bills received through 
    June 1995), the final national case-mix value is 1.3184 and the median 
    case-mix values by region are set forth in the table below:
    
    ------------------------------------------------------------------------
                                                                    Case-mix
                                Region                               index  
                                                                     value  
    ------------------------------------------------------------------------
    1. New England (CT, ME, MA, NH, RI, VT)......................     1.2135
    2. Middle Atlantic (PA, NJ, NY)..............................     1.2077
    3. South Atlantic (DE, DC, FL, GA, MD, NC, SC, VA, WV).......     1.3141
    4. East North Central (IL, IN, MI, OH, WI)...................     1.2288
    5. East South Central (AL, KY, MS, TN).......................     1.2814
    6. West North Central (IA, KS, MN, MO, NE, ND, SD)...........     1.1892
    7. West South Central (AR, LA, OK, TX).......................     1.2986
    8. Mountain (AZ, CO, ID, MT, NV, NM, UT, WY).................     1.3630
    9. Pacific (AK, CA, HI, OR, WA)..............................     1.3300
    ------------------------------------------------------------------------
    
        For the benefit of hospitals seeking to qualify as referral centers 
    or those wishing to know how their case-mix index value compares to the 
    criteria, we are publishing each hospital's FY 1994 case-mix index 
    value in Table 3C in section V of the addendum to this final rule. In 
    keeping with our policy on discharges, these case-mix index values are 
    computed based on all Medicare patient discharges subject to DRG-based 
    payment.
    2. Discharges
        Section 412.96(c)(2)(i) provides that HCFA will set forth the 
    national and regional numbers of discharges in each year's annual 
    notice of prospective payment rates for purposes of determining 
    referral center status. As specified in section 1886(d)(5)(C)(ii) of 
    the Act, the national standard is set at 5,000 discharges. However, we 
    proposed to update the regional standards. The proposed regional 
    standards were based on discharges for 
    
    [[Page 45809]]
    urban hospitals' cost reporting periods that began during FY 1993 (that 
    is, October 1, 1992 through September 30, 1993). That is the latest 
    year for which we have complete discharge data available.
        Therefore, in addition to meeting other criteria, we proposed that 
    to qualify for initial rural referral center status or to meet the 
    triennial review standards for cost reporting periods beginning on or 
    after October 1, 1995, the number of discharges a hospital must have 
    for its cost reporting period that began during FY 1994 would have to 
    be at least--
         5,000; or
         Equal to the median number of discharges for urban 
    hospitals in the census region in which the hospital is located. (See 
    the table set forth in the June 2, 1995 proposed rule at 60 FR 29222.)
        Based on the latest discharge data available, the final median 
    numbers of discharges for urban hospitals by census regions are as 
    follows:
    
    ------------------------------------------------------------------------
                                                                    No. of  
                               Region                             discharges
    ------------------------------------------------------------------------
    1. New England (CT, ME, MA, NH, RI, VT).....................       6815 
    2. Middle Atlantic (PA, NJ, NY).............................       8618 
    3. South Atlantic (DE, DC, FL, GA, MD, NC, SC, VA, WV)......       7500 
    4. East North Central (IL, IN, MI, OH, WI)..................       7155 
    5. East South Central (AL, KY, MS, TN)......................       5582 
    6. West North Central (IA, KS, MN, MO, NE, ND, SD)..........       5135 
    7. West South Central (AR, LA, OK, TX)......................       4464 
    8. Mountain (AZ, CO, ID, MT, NV, NM, UT, WY)................       8179 
    9. Pacific (AK, CA, HI, OR, WA).............................       5594 
    ------------------------------------------------------------------------
    
        We reiterate that, to qualify for rural referral center status for 
    cost reporting periods beginning on or after October 1, 1995, an 
    osteopathic hospital's number of discharges for its cost reporting 
    period that began during FY 1994 would have to be at least 3,000.
    3. Retention of Referral Center Status
        Section 412.96(f) states the general rule that each hospital 
    receiving the referral center adjustment is reviewed every 3 years to 
    determine if the hospital continues to meet the criteria for referral 
    center status. To retain status as a referral center, a hospital must 
    meet the criteria for classification as a referral center specified in 
    Sec. 412.96 (b)(1) or (b)(2) or (c) for 2 of the last 3 years, or for 
    the current year. A hospital may meet any one of the three sets of 
    criteria for individual years during the 3-year period or the current 
    year. For example, a hospital may meet the two mandatory requirements 
    in Sec. 412.96(c)(1) (case-mix index) and (c)(2) (number of discharges) 
    and the optional criterion in paragraph (c)(3) (medical staff) during 
    the first year. During the second or third year, the hospital may meet 
    the criteria under Sec. 412.96(b)(1) (rural location and appropriate 
    bed size).
        A hospital must meet all of the criteria within any one of these 
    three sections of the regulations in order to meet the retention 
    requirement for a given year. That is, it will have to meet all of the 
    criteria of Sec. 412.96(b)(1) or Sec. 412.96(b)(2) or Sec. 412.96(c). 
    For example, if a hospital meets the case-mix index standards in 
    Sec. 412.96(c)(1) in years 1 and 3 and the number of discharge 
    standards in Sec. 412.96(c)(2) in years 2 and 3, it will not meet the 
    retention criteria. All of the standards would have to be met in the 
    same year.
        In accordance with Sec. 412.96(f)(2), the review process is limited 
    to the hospital's compliance during the last 3 years. Thus, if a 
    hospital meets the criteria in effect for at least 2 of the last 3 
    years or if it meets the criteria in effect for the current year (that 
    is, the criteria for FY 1996 outlined above in this section of the 
    preamble), it will retain its status for another 3 years. We have 
    constructed the following chart and example to aid hospitals that 
    qualify as referral centers under the criteria in Sec. 412.96(c) in 
    projecting whether they will retain their status as a referral center.
        Under Sec. 412.96(f), to qualify for a 3-year extension effective 
    with cost reporting periods beginning in FY 1996, a hospital must meet 
    the criteria in Sec. 412.96(c) for FY 1996 or it must meet the criteria 
    for 2 of the last 3 years as follows:
    
    ----------------------------------------------------------------------------------------------------------------
                                                                          Use the                                   
                                                                      discharges for                                
                                                      Use hospital's  the hospital's    Use numerical standards as  
     For the cost reporting period beginning during   case-mix index  cost reporting     published in the Federal   
                           FY                             for FY          period                Register on         
                                                                         beginning                                  
                                                                         during FY                                  
    ----------------------------------------------------------------------------------------------------------------
    1995............................................            1993            1993  September 1, 1994.            
    1994............................................            1992            1992  September 1, 1993.            
    1993............................................            1991            1991  September 1, 1992.            
    ----------------------------------------------------------------------------------------------------------------
    
        Example: A hospital with a cost reporting period beginning July 1 
    qualified as a referral center effective July 1, 1993. The hospital has 
    fewer than 275 beds. Its 3-year status as a referral center is 
    protected through June 30, 1996 (the end of its cost reporting period 
    beginning July 1, 1995). To determine if the hospital should retain its 
    status as a referral center for an additional 3-year period, we will 
    review its compliance with the applicable criteria for its cost 
    reporting periods beginning July 1, 1993, July 1, 1994, and July 1, 
    1995. The hospital must meet the criteria in effect either for its cost 
    reporting period beginning July 1, 1996, or for two out of the three 
    past periods. For example, to be found to have met the criteria at 
    Sec. 412.96(c) for its cost reporting period beginning July 1, 1994, 
    the hospital's case-mix index value during FY 1992 must have equaled or 
    exceeded the lower of the national or the appropriate regional standard 
    as published in the September 1, 1993 final rule with comment period. 
    The hospital's total number of discharges during its cost reporting 
    year beginning July 1, 1992, must have equaled or exceeded 5,000 or the 
    regional standard as published in the September 1, 1993 final rule with 
    comment period.
        For those hospitals that seek to retain referral center status by 
    meeting the criteria of Sec. 412.96(b)(1)(i) and (ii) (that is, rural 
    location and at least 275 beds), we will look at the number of beds 
    shown for indirect medical education purposes (as defined at 
    Sec. 412.105(b)) on the hospital's cost report for the appropriate 
    year. We will consider only full cost reporting periods when 
    determining a hospital's status under Sec. 412.96(b)(1)(ii). This 
    definition varies from the number of beds criterion used to determine a 
    hospital's initial status as 
    
    [[Page 45810]]
    a referral center because we believe it is important for a hospital to 
    demonstrate that it has maintained at least 275 beds throughout its 
    entire cost reporting period, not just for a particular portion of the 
    year.
        Comment: One commenter noted that the American Osteopathic Hospital 
    Association had changed its name to the American Osteopathic Healthcare 
    Association and requested that Sec. 412.96(c)(2)(B)(ii) be revised to 
    reflect this change.
        Response: Section 412.96(c)(2)(B)(ii) specifies that a rural 
    osteopathic hospital that is recognized by the American Osteopathic 
    Hospital Association can meet the number of discharges criterion at 
    Sec. 412.96(c)(2) if it has at least 3,000 discharges for the 
    hospital's most recently completed cost reporting period. As requested, 
    we are revising Sec. 412.96(c)(2)(B)(ii) to reflect the organization's 
    new name. To qualify as an osteopathic hospital, the hospital must be 
    recognized by the American Osteopathic Healthcare Association (or any 
    successor organizations).
    D. Determination of Number of Beds Used in Calculating the Indirect 
    Medical Education Adjustment (Section 412.105)
    
        In the September 1, 1994 final rule (59 FR 45373), in an effort to 
    clarify our policy, we amended the regulations at Sec. 412.105(b), that 
    describe how to determine the number of beds in a hospital for purposes 
    of the indirect medical education adjustment. At that time, we added 
    language to the regulations that specifically excludes ``nursery'' beds 
    assigned to newborns ``that are not in intensive care areas'' from the 
    bed count. This change was supposed to clarify that, with regard to 
    infants, only beds in a nursery used for newborns (see section 2815 of 
    the Provider Reimbursement Manual-Part 2) are excluded from the count. 
    As we stated in the May 27, 1994 proposed rule (59 FR 27741), we made 
    this revision ``to exclude specifically only beds assigned to newborns 
    in the nursery'' (emphasis added). Furthermore, when we published the 
    final rule, we added the reference to nursery beds directly into the 
    text of Sec. 412.105(b) ``(t)o prevent any future confusion about the 
    term `newborn' '' (59 FR 45374).
        Although we received no comments in response to the May 27, 1994 
    proposed rule as to whether beds occupied by sick infants in areas 
    other than a neonatal intensive care area or a nursery could be 
    counted, we continue to receive questions on this issue. Therefore, in 
    the June 2, 1995 proposed rule, we proposed to revise Sec. 412.105(b) 
    to further clarify our bed counting policy. This year, rather than 
    specifically identifying intensive care beds occupied by infants as 
    eligible to be counted, we proposed to delete that phrase and insert 
    the phrase ``beds in the healthy newborn nursery.'' As we stated in the 
    June 2 proposed rule, our policy is and has been that only beds in a 
    healthy, or regular, baby nursery are excluded from the count. All 
    other beds available for occupancy by a newborn are to be counted. We 
    received a number of comments on our policy clarification.
        Comment: Several commenters believe that, rather than a policy 
    clarification, the proposed language represents a policy shift in how 
    we count beds. Several of these commenters indicated that the proposed 
    language was not supported within the construct of current regulations 
    and manual instructions. Specifically, commenters stated that the 
    current Sec. 412.105(b) and the manual instructions at section 
    2202.7.II of the Provider Reimbursement Manual-Part 2 (which defines 
    intensive care units) indicate that the only beds assigned to infants 
    that are to be counted are those in a neonatal intensive care unit.
        Response: This change to the regulation language does not represent 
    a policy shift. While the manual section referenced by the commenters 
    does distinguish explicitly between neonatal intensive care units and a 
    regular well-baby unit, this distinction clearly is not exhaustive of 
    all of the possibilities for counting beds assigned to infants. In 
    fact, the same manual section goes on to indicate that subintensive 
    care type units, that is, those not meeting the criteria for intensive 
    care units, are considered as general routine care areas. Although this 
    discussion does not specifically mention neonatal subintensive care 
    units, we believe it is applicable for these units as well.
        In addition, section 2815 of the Provider Reimbursement Manual-Part 
    2 has long included a definition of newborn inpatient days that 
    indicates that our policy for including inpatient days attributable to 
    sick infants is not restricted to the neonatal intensive care unit in 
    describing the days that are to be included in the completion of 
    Worksheet D-1 of the Provider Cost Reporting Form 2552.
    
        ``Newborn inpatient days are the days that an infant occupies a 
    newborn bed in the nursery. Include [as inpatient days] an infant 
    remaining in the hospital after the mother is discharged who does 
    not occupy a newborn bed in the nursery, an infant delivered outside 
    the hospital and later admitted to the hospital but not occupying a 
    newborn bed in the nursery, or an infant admitted or transferred out 
    of the nursery for an illness in inpatient days. Also, include an 
    infant born in and remaining in the hospital and occupying a newborn 
    bed in the nursery after the mother is discharged in newborn 
    inpatient days.''
    
        Total inpatient days reported on that form exclude those days 
    applicable to newborn days. However, as clearly stated, days of care 
    for newborns outside the nursery are not considered to be newborn days.
        We believe this decades-old manual instruction (in place since 
    1975) supports our position that all references to the exclusion of the 
    costs, days, or beds of nursery units refer only to the regular, 
    healthy baby nursery, and that the proposed language represents a 
    clarification rather than a shift in policy. We recognize that some of 
    these references may not have been as precise as they could have been 
    when they refer only to ``newborn beds'' or ``nursery beds,'' and this 
    imprecision occasionally has led to confusion both within and outside 
    the agency. However, where the instructions are specific, these terms 
    are sufficiently well-defined so that they can reasonably be 
    interpreted to refer only to a regular, healthy baby nursery.
        Comment: Commenters suggested that past practice on the part of 
    Medicare's fiscal intermediaries with regard to counting these beds has 
    been inconsistent. That is, some intermediaries have allowed hospitals 
    to exclude only those days that a newborn is in the nursery, while 
    other intermediaries have allowed hospitals to exclude any day a 
    newborn is not in a certified-intensive care unit. Therefore, the 
    commenters believe it would be improper to begin to exclude them now. 
    Commenters questioned whether we would require intermediaries to adjust 
    unsettled past cost reports where these beds were excluded incorrectly. 
    It was suggested that doing so would constitute retroactive rulemaking.
        Response: We recognize that there have been inconsistencies in the 
    application of this policy. We believe this has stemmed from the 
    absence of a specific provision in the instructions on the treatment of 
    subintensive/intermediate care beds, which this clarification should 
    remedy. In light of these previous inconsistencies, we expect that all 
    fiscal intermediaries that have not been correctly counting newborn 
    beds consistent with our policy, as clarified in this final rule, must 
    ensure that they revise their practices effective for cost reporting 
    periods beginning on or after October 1, 1995. We expect that those 
    fiscal 
    
    [[Page 45811]]
    intermediaries that have been applying our policy appropriately will 
    continue that practice.
        Comment: Several commenters questioned whether the costs of these 
    neonatal intermediate units were included in the calculation of the 
    prospective payment system standardized amounts. They stated that 
    unless we could demonstrate that the costs of these units were included 
    in the base year used to calculate the standardized amounts, there is 
    no basis for counting these beds when determining the resident-to-bed 
    ratio.
        Response: As indicated above in a previous response to comment, our 
    policy to include the days, costs, and beds of these units predates the 
    prospective payment system, as well as the base year (1981) that was 
    used to set the standardized payment amounts. Consequently, we disagree 
    that we should be prohibited from clarifying this policy due to 
    apparent inconsistencies in its implementation.
        Comment: Additional comments related specifically to how we 
    differentiate between healthy baby nursery beds and special care beds. 
    Commenters requested guidance on the status of those beds that are 
    occasionally used to treat less healthy newborns, but that are actually 
    located within a regular, healthy baby nursery. The commenters noted 
    that currently there is no clear definition in the regulations or 
    manual instructions that could be used to identify an intermediate 
    level of special care between a healthy, or regular, nursery and a 
    neonatal intensive care unit. Finally, one commenter suggested that we 
    consider licensure criteria for distinguishing between treatment units.
        Response: Our bed counting policy essentially is determined by our 
    policies for including or excluding costs and days from the calculation 
    of Medicare costs on the cost report. These policies have consistently 
    followed the general principle that we do not attribute costs or days 
    to individual beds, but rather to units or departments. Therefore, 
    individual beds that are occasionally used to treat less healthy 
    infants, but that are located within a regular, healthy baby nursery, 
    continue to be treated as part of the unit in which they are located, 
    that is, as part of the healthy baby nursery. In considering whether 
    the beds used to treat sick infants constitute an intermediate neonatal 
    care unit, one must consider the cost center concept. Section 2302.8 of 
    the Provider Reimbursement Manual-Part 2 describes a cost center ``as 
    an organizational unit, generally a department or its subunit, having a 
    common functional purpose for which direct and indirect costs are 
    accumulated * * *.'' A regular, healthy baby nursery serves as a 
    custodian of healthy infants, whereas the intermediate or subintensive 
    neonatal care unit provides medical care to sick infants with very 
    different types of costs being incurred. Therefore, the appropriate 
    cost center with which to count the beds of an intermediate neonatal 
    care unit is the Adults and Pediatrics cost center.
        While there is a great deal of variation in the types of units that 
    exist to care for infants, the Medicare fiscal intermediaries have been 
    required for some time to distinguish between nurseries and 
    intermediate units for cost reporting purposes.
        Also, concerning the suggestion that we rely on licensure 
    designations to differentiate between units, we do not believe this 
    would be a feasible alternative due to variations in licensing criteria 
    across the country.
        Comment: A representative of a group of Medicare's fiscal 
    intermediaries requested that we retain the language in Sec. 412.105(b) 
    specifically including neonatal intensive care beds in the bed count. 
    This commenter also pointed out that what we refer to as beds are often 
    referred to instead as bassinets, and that we should include both 
    phrases in the regulations. Finally, we were asked to clarify our 
    policy regarding the counting of beds or bassinets kept in the mother's 
    room, for example, in an alternative birthing center.
        Response: We proposed deleting the reference to the inclusion of 
    neonatal intensive care unit beds from the regulations because we 
    believe that reference led to confusion concerning the beds excluded 
    from the hospital bed count. We continue to believe that the proposed 
    wording, combined with the policy clarification published in last 
    year's proposed and final rules, sufficiently defines our intentions as 
    to which beds are to be excluded. We agree that ``bassinets'' should be 
    included in the definition for determination of the number of beds. 
    Therefore, we are revising Sec. 412.105(b) accordingly.
        With regard to beds placed in the mother's room rather than in a 
    healthy baby nursery, these beds or bassinets are not counted in 
    addition to the mother's bed already present in that room. We do not 
    believe, however, that it is necessary at this time to add a reference 
    to this issue in Sec. 412.105. Nevertheless, we will continue to 
    evaluate the policy implications of these arrangements in the future.
    
    E. Disproportionate Share Adjustment (Section 412.106)
    
        Section 1886(d)(5)(F) of the Act provides for additional payments 
    for hospitals that serve a disproportionate share of low income 
    patients. A hospital's disproportionate share adjustment is determined 
    by calculating two patient percentages (Medicare Part A/Supplemental 
    Security Income (SSI) covered days to total Medicare covered days, and 
    Medicaid but not Medicare Part A covered days to total inpatient 
    hospital days), adding them together, and comparing that total 
    percentage to the hospital's qualifying criteria. These calculations 
    are done by HCFA and the fiscal intermediary on a Federal fiscal year 
    basis. However, Sec. 412.106(b)(3) currently states that if a hospital 
    prefers that HCFA use its cost reporting period instead of the Federal 
    fiscal year, it must furnish to its intermediary, in machine-readable 
    format as prescribed by HCFA, data on its Medicare Part A patients for 
    its cost reporting period. These data take the place of the Federal 
    fiscal year MedPAR file data in obtaining the Medicare Part A/SSI 
    percentage. To ensure that the hospital is reporting actual Medicare 
    Part A patient days, we match the hospital's data to the HCFA MedPAR 
    data. In addition, we have required that a hospital accept the 
    recalculated percentage, even if it is lower than the Federal fiscal 
    year percentage.
        In the last few years, this process has proven to be unsatisfactory 
    for several reasons. First, it is an administrative burden for the 
    hospital to prepare a tape that includes all its Medicare Part A 
    inpatient days. In addition, the hospital's tape data have seldom 
    exactly matched the MedPAR data. In that case, we can use only the data 
    that match. Finally, and probably often due to this second problem, the 
    resulting disproportionate patient percentages are invariably lower 
    than the original HCFA determined percentage. We proposed to alleviate 
    these problems by continuing to provide hospitals an alternative to 
    base their percentage on their cost reporting year, but relieving them 
    of the tape requirement.
        Therefore, we proposed that if a hospital wishes a recalculation 
    based on its cost reporting period, the hospital would notify HCFA in 
    writing of its request that the Medicare Part A/SSI percentage be 
    calculated based on its own cost reporting year. The hospital would be 
    required to provide HCFA with its name, provider number, and cost 
    report period end date. HCFA, in turn, would use all MedPAR records for 
    that hospital from the requested time 
    
    [[Page 45812]]
    period, as opposed to only those records that matched between the 
    MedPAR file and the hospital's tape data. This should provide hospitals 
    with more appropriate Medicare Part A/SSI percentages.
        In addition, we proposed to process these requests on a quarterly 
    basis. Processing these individual requests for recalculation on a flow 
    basis has become an administrative burden on the available HCFA 
    computer processing resources. Therefore, we believe it is necessary to 
    batch these requests and run the MedPAR data on a set schedule. This 
    will be much more efficient and predictable.
        Accordingly, we proposed to revise Sec. 412.106(b)(3) to provide 
    that HCFA will accept a hospital's written request, transmitted through 
    its fiscal intermediary, for a recalculation of its Medicare Part A/SSI 
    percentage based on its cost reporting period. The written request 
    should include the hospital's name, provider number, and cost report 
    period end date. We would perform a recalculation only once per 
    hospital per cost report period, and the resulting percentage becomes 
    the hospital's official Medicare Part A/SSI percentage for that period.
        Comment: We received three comments, all of which supported our 
    proposal to use the MedPAR file data to recalculate Medicare Part A/SSI 
    percentages rather than continuing the requirement that hospitals 
    submit a tape of their Medicare Part A data based on their cost 
    reporting periods. However, one commenter was concerned that HCFA 
    provide an opportunity for hospitals to verify the data, and another 
    commenter requested that we add a provision that would hold a hospital 
    harmless if the Medicare Part A/SSI percentages decreased when this 
    alternative was requested. The latter commenter suggested that a 
    hospital affected by the ``hold harmless'' provision be subject to a 
    processing fee for the unused cost reporting period.
        Response: Since there was no opposition to the proposed change, we 
    are adopting it in this final rule. Because the SSI data used in the 
    calculation are protected by the Privacy Act, we cannot provide an 
    opportunity for hospitals to verify these data. The data that the 
    Social Security Administration (SSA) uses to determine the Medicare 
    Part A/SSI percentage are not released to HCFA and therefore we are 
    unable to produce these data for hospitals. We must accept the data 
    that are officially collected and compiled by the SSA on a monthly 
    basis. The SSA is responsible for administering the SSI program and 
    keeps track, on a monthly basis, of those individuals who receive SSI 
    benefits.
        Concerning the request for a ``hold harmless'' provision, it has 
    been our consistent policy that a hospital that requests a 
    recalculation of its Medicare Part A/SSI percentage based on its cost 
    reporting period must accept the result of that calculation in place of 
    the Federal fiscal year calculation. We believe that this policy 
    prevents hospitals from taking advantage of the opportunity to request 
    this procedure merely so that they can choose the higher percentage. 
    Ideally, a hospital will request a recalculation only if it has not 
    qualified for a disproportionate share adjustment but believes it is 
    close to qualifying.
    
    F. Essential Access Community Hospitals (EACHs) and Rural Primary Care 
    Hospitals (RPCHs) (Sections 412.109, 413.70, 424.15, 485.603, 485.606, 
    485.614, 485.620, and 485.639, 485.645)
    
        On May 26, 1993, we published a final rule to implement the EACH 
    program (58 FR 30630). The rule set forth the requirements for 
    designating certain hospitals as EACHs or RPCHs, the conditions that an 
    RPCH must meet to participate in Medicare, and the rules for Medicare 
    payment for services furnished by EACHs and RPCHs. The final rule 
    implemented section 1820 of the Act, as added by sections 6003(g) and 
    6116(b)(2) of Public Law 101-239 and revised by section 4008(d) of 
    Public Law 101-508. The amendments were intended to promote 
    regionalization of rural health services in grant States, improve 
    access to hospital and other health services for rural residents, and 
    enhance the provision of emergency and other transportation services 
    related to health care.
        Section 102 of the Social Security Act Amendments of 1994, Public 
    Law 103-432 (SSAA '94), made significant changes in the provisions of 
    the Medicare law governing the EACH/RPCH program. To implement these 
    changes, we proposed to revise the regulations as follows:
    1. Designation of Urban Hospitals as EACHs (Section 412.109)
        Section 1820(e) of the Act previously provided that only rural 
    facilities could be designated as EACHs, and all EACHs were to be paid 
    as sole community hospitals (SCHs). Section 102(b)(1) of SSAA '94 
    revised section 1820(e) of the Act to allow hospitals located in urban 
    areas to be designated as EACHs if they have entered into network 
    agreements with RPCHs and meet other applicable requirements. As EACHs, 
    these urban facilities may qualify for EACH grants. However, they are 
    not eligible for the special payment methodology afforded rural EACHs. 
    For payment purposes, rural EACHs are treated as sole community 
    hospitals (SCH). Section 1886(d)(5)(D) of the Act was amended to 
    clarify that only hospitals designated as EACHs and located in rural 
    areas are treated as SCHs for payment purposes. Urban EACHs will 
    therefore continue to be paid at the applicable urban rates.
        To implement this provision, we proposed to revise Sec. 412.109 to 
    remove the current rural location requirement for EACH designation, and 
    to provide that payment as an SCH is limited to EACHs in rural areas. 
    As explained below, we also proposed to revise that section to allow a 
    State that has received an EACH grant to designate an otherwise 
    qualified hospital in an adjoining State as an EACH.
        In conjunction with this change, we proposed to make a technical 
    correction to a reference in Sec. 485.603.
        We received no comments in response to these proposals, and are, 
    therefore, adopting them as proposed.
    2. Designation of EACHs and RPCHs in States Adjoining Grant States 
    (Sections 412.109 and 485.606)
        Section 1820(c) of the Act previously provided that hospitals could 
    be designated as EACHs only if they were located in States receiving 
    EACH grants. Section 1820(i)(2) of the Act did authorize designation of 
    RPCHs outside the grant States; however, the number of facilities 
    designated under this authority was limited to 15 nationally, and only 
    the Secretary, not individual grant States, could make the designation. 
    Section 1820(i)(2) of the Act further requires the Secretary, in making 
    the special designations, to give preference to facilities that have 
    entered into network agreements with other facilities in grant States, 
    thus indicating a strong preference for designation of RPCHs in States 
    adjoining grant States. Section 102(b)(2) of SSAA '94 amended section 
    1820 of the Act to authorize the individual grant States to make 
    designations of both EACHs and RPCHs in adjoining States, if the 
    facilities so designated are otherwise qualified and have entered into 
    network agreements with EACHs or RPCHs in the grant State. The 
    legislation does not limit the number of such designations. To 
    implement this change, we proposed to revise Secs. 412.109 and 485.606 
    to permit these new designations of EACHs and RPCHs by adjacent States 
    that have received grants. We proposed that hospitals designated in 
    this way will be required to meet other applicable requirements, and we 
    plan to make such designations subject to review and 
    
    [[Page 45813]]
    approval by the HCFA regional offices on the same basis as designations 
    of facilities in the grant State. That is, the designation will not 
    result in recognition of a facility as an EACH or RPCH for Medicare or 
    Medicaid purposes until HCFA has determined that the requirements are 
    met.
        We received no comments in response to these proposals, and are, 
    therefore, adopting them as proposed.
    3. Designation of EACHs and RPCHs by States That Have Received Grants 
    (Sections 412.109 and 485.606)
        Section 1820(a)(1) of the Act establishes a program under which the 
    Secretary makes grants available to not more than seven States to carry 
    out certain activities, including designating hospitals or facilities 
    in the State as either an EACH or an RPCH. Because there is no 
    assurance that funding of this grant program will continue, some or all 
    of the seven States may not receive grants under section 1820(a)(1) of 
    the Act in the future. Since States may not continue to ``receive'' 
    grants, we proposed to revise the regulations pertaining to EACHs and 
    RPCHs by replacing references to ``States receiving grants'' with 
    references to ``States that have received grants'' or ``a State that 
    has received a grant,'' as appropriate. Specifically, we proposed to 
    revise the designation of EACHs and RPCHs under current Sec. 412.109(b) 
    and (c), and Sec. 485.606, respectively, to include these revised 
    references. Should the grant program expire, these proposed revisions 
    would prevent any uncertainty that may arise as to the status of 
    designations made by States that have received grants.
        We received no comments in response to these proposals, and are, 
    therefore, adopting them as proposed.
    4. Change in Payment for Outpatient RPCH Services (Section 413.70)
        Previously, section 1834(g) of the Act provided that payments to 
    RPCHs for outpatient services under the cost-based facility fee plus 
    professional charges method were to be determined under section 
    1833(a)(2)(B) of the Act. That section states that payment is to be 
    made at the lesser of the reasonable cost of the services or the 
    customary charges for the services. (This is commonly referred to as 
    ``LCC,'' that is, the lesser of costs or charges.) Current regulations 
    at Sec. 413.70(b)(2)(i) require that payment to RPCHs under the cost-
    based facility fee plus professional services be made in accordance 
    with the LCC principle. This principle is set forth under Sec. 413.13.
        Section 102(e)(2) of SSAA '94 amended section 1834(g)(1) of the Act 
    to provide that payment for outpatient RPCH services under the cost-
    based facility fee plus professional charges method are to be 
    determined without regard to the amount of the customary charge. To 
    implement this change, we proposed to amend Sec. 413.70(b)(2)(i) to 
    provide that for payment for RPCH outpatient services made under the 
    cost-based RPCH payment plus professional services method, the 
    principle of the lesser of costs or charges does not apply.
        We received no comments in response to these proposals, and are, 
    therefore, adopting them as proposed.
    5. Content of Required Physician Certification (Section 424.15)
        Section 1814(a)(8) of the Act previously provided that Medicare 
    Part A could pay for inpatient RPCH services only if a physician 
    certified that the services were required to be furnished immediately 
    on a temporary, inpatient basis. Section 102(a)(3) of SSAA '94 deleted 
    this requirement and provided instead that Medicare Part A will pay for 
    the inpatient RPCH services only if a physician certifies that the 
    individual may reasonably be expected to be discharged or transferred 
    to a hospital within 72 hours after admission to the RPCH. We proposed 
    to revise Sec. 424.15 to reflect the new requirement.
        We received no comments in response to this proposal, and are, 
    therefore, adopting it as proposed.
    6. Length-of-Stay Requirement for RPCHs (Sections 485.614 and 485.620)
        Section 1820(f)(1)(F) of the Act previously allowed all RPCHs to 
    keep inpatients no longer than 72 hours before discharging them or 
    transferring them to a full-service hospital, unless discharge or 
    transfer was precluded by inclement weather or other emergency 
    conditions. Section 102(a)(1) of SSAA '94 removed the per-stay 
    limitation and substituted for it a provision under which the Secretary 
    may terminate the designation of a facility as an RPCH if the Secretary 
    finds that the average length of stay in the preceding year exceeded 72 
    hours. The provision further states that periods of stay in excess of 
    72 hours that occurred because discharge or transfer were precluded by 
    inclement weather or other emergency conditions are not to be taken 
    into account in computing a facility's average length of stay for this 
    purpose.
        To implement this change, we proposed to revise Secs. 485.614 and 
    485.620 to delete the current per-stay limitation, and to replace it 
    with a requirement for a facility-wide average length of stay that does 
    not exceed 72 hours, excluding parts of stays in excess of 72 hours 
    that occurred because of inclement weather or other emergencies. In the 
    case of a currently participating RPCH, termination of the RPCH 
    designation can be made effective only by ending Medicare 
    participation. Therefore, we proposed to revise Sec. 489.53 to 
    authorize termination of the provider agreement of an RPCH if HCFA 
    finds that it does not maintain the required average length of stay.
        We received no comments in response to these proposals, and are, 
    therefore, adopting them as proposed.
    7. Restriction on Scope of Surgical Services to RPCH Inpatients 
    (Section 485.614 and new Section 485.639)
        Before the Social Security Act Amendments of 1994 were enacted, 
    there were no explicit restrictions on the type or extent of surgical 
    activity that could be performed in a RPCH. These facilities and their 
    practitioners were, however, required to conform to applicable State 
    licensure and scope of practice laws. Section 102(a)(1) of SSAA '94 
    added an explicit restriction on surgical activity by RPCHs. 
    Specifically, a State may not designate a facility as an RPCH if the 
    facility provides inpatient hospital services consisting of surgery or 
    any other service requiring the use of general anesthesia (other than 
    surgical procedures specified by the Secretary under section 
    1833(i)(1)(A) of the Act), unless the attending physician certifies 
    that the risk associated with transferring the patient to a hospital 
    for such services outweighs the benefits of transferring the patient to 
    a hospital for such services. The procedures specified by the Secretary 
    under section 1833(i)(1)(A) of the Act are those that are performed on 
    an inpatient basis in a hospital but which also can be performed safely 
    on an ambulatory basis in an ambulatory surgical center (ASC) or in a 
    hospital outpatient department. Implementing regulations for section 
    1833(i)(1)(A) of the Act are set forth at Sec. 416.65. HCFA also 
    publishes a list of covered surgical procedures in Addendum A to Part 3 
    of the Medicare Carriers Manual.
        To implement this change, we proposed to revise Sec. 485.614 to 
    reflect the new statutory provision. We note that the law still does 
    not limit the scope of surgical procedures that can be performed for 
    RPCH outpatients, and that both hospitals and ASCs, the other two 
    facilities in which ASC procedures can be performed, are subject to 
    specific health and safety rules on administration of anesthesia and 
    performance of the surgery. To ensure 
    
    [[Page 45814]]
    adequate health and safety protection for RPCH patients and to apply 
    Medicare standards uniformly to ASC-type procedures, we also proposed 
    to add, at Sec. 485.639, a new RPCH condition of participation for 
    surgical services. We note that the new condition would apply the same 
    rules in the RPCH as now apply in an ASC, and that it would apply to 
    both inpatient and outpatient surgery. Given the similarities between 
    RPCHs and ASCs and the fact that identical procedures can be performed 
    in each, we believe uniform health and safety rules are needed.
        We received no comments in response to these proposals, and are, 
    therefore, adopting them as proposed.
    G. New Provision Subject to Public Comment To Allow Provision of 
    Skilled Nursing Facility (SNF) Services by RPCHs (Section 485.645)
    
        When we issued regulations (Sec. 485.645) to implement the RPCH 
    provisions in section 1820 of the Social Security Act (see 58 FR 30630, 
    May 26, 1993), we made a number of interpretations or elaborations to 
    deal with situations that were not explicitly dealt with by the 
    statute. Among them were these two policies: an RPCH with a swing-bed 
    agreement could have no more than 12 beds for the use of inpatients 
    (Sec. 485.645(a)(1)); and all 12 beds could ``swing,'' that is, could 
    be used to furnish both RPCH-level (acute) care as well as a SNF-level 
    of care, as the individual patient required.
        Congress changed those policies when it enacted section 102 of the 
    Social Security Act Amendments of 1994. First, Congress rejected the 
    12-bed limit. Section 102(c) of SSAA '94 amended section 1820(f)(3) of 
    the Act to provide instead that in the case of a hospital with a swing-
    bed agreement under section 1883 of the Act that applies to become a 
    RPCH, the number of beds that the RPCH can use for furnishing SNF-level 
    services may not exceed the total number of beds that were licensed 
    beds at the time the hospital applies to become an RPCH, minus the 
    number of inpatient RPCH beds. (Thus, the number of beds an RPCH may 
    have for SNF-level care could be more or fewer than 12.)
        Second, amended section 1820(f)(3) now refers only to ``the number 
    of beds used [by the RPCH] for the furnishing of such [SNF-level] 
    services.'' This language does not also refer to using those beds to 
    furnish such SNF-level services along with RPCH-level services.
        Third, Congress provided that the six RPCH-level beds could not 
    also be used to furnish SNF-level services. Specifically, section 
    1820(f)(3) now explicitly states that the number of beds an RPCH can 
    use for furnishing SNF-level services must be calculated ``minus the 
    number of inpatient beds used for providing inpatient [RPCH-level 
    (acute)] care.'' The latter indicates that Congress did not anticipate 
    the six RPCH-level beds would also be used to furnish SNF-level 
    services.
        Further, in section 102(g) of SSAA '94, Congress enacted a number 
    of conforming technical amendments to make explicit that various 
    provisions applicable to hospitals should also be applicable to RPCHs. 
    In doing so, however, it conspicuously failed similarly to amend 
    section 1883 of the Act, ``Hospital Providers of Extended Care 
    Services.'' That is the provision that permits hospitals to have swing 
    beds. Not amending section 1883 is consistent with our conclusion that 
    Congress intended to permit certain RPCHs to have a limited number of 
    beds for furnishing SNF-level services, but not dual-purpose swing 
    beds.
        We believe these Congressional policy changes are based on sound 
    policy reasons. First, the six-bed limit for inpatient RPCH-level care 
    is reconfirmed. That was a major element in Congress' decision in the 
    original legislation to encourage small rural hospitals to convert from 
    being full service hospitals to become limited purpose facilities. 
    Second, all RPCHs are now treated the same with respect to the limit on 
    the number of RPCH-level inpatient beds. Third, hospitals that had 
    swing-bed agreements can continue to furnish SNF-level services when 
    they become RPCHs, without interfering with the other RPCH provisions.
        As noted, although section 1820 of the Act, as amended by section 
    102(c) of SSAA '94, does not provide for an RPCH to continue to use its 
    beds interchangeably to provide RPCH-level and SNF-level services, it 
    does provide for an existing swing-bed hospital to be designated as an 
    RPCH (with up to 6 beds used exclusively for inpatient RPCH-level 
    services) and retain its remaining beds to be used exclusively for SNF-
    level services. Payment for the RPCH-level care provided by the RPCH 
    would be determined in accordance with 42 CFR 413.70(a). In 
    establishing the payment methodology for the SNF-level services 
    provided by the RPCH, we have concluded that since SNF-level services 
    provided by the hospital had previously been paid under the methodology 
    specified for swing-bed hospitals at 42 CFR 413.114, it is consistent 
    with sound application of these reasonable cost principles to continue 
    to pay for those services under that methodology.
        In this final rule, we are revising Sec. 485.645 accordingly to set 
    forth the eligibility and payment policies described above. We 
    recognize that there may be concerns about the implementation of this 
    provision with respect to facilities originally designated as RPCHs 
    before the effective date of the new amendments, and are providing a 
    60-day public comment period on the Sec. 485.645 changes only. (As 
    discussed above in section IV.F of this preamble, the other changes 
    needed to implement section 102 of SSAA '94 were included in the 
    proposed rule and, in the absence of public comment, are being adopted 
    without change.) Because we did not include these changes in the 
    proposed rule, we considered delaying the implementation of section 
    102(c) further in order to allow time for full notice-and-comment 
    rulemaking. However, the statutory effective date is October 31, 1994, 
    and several facilities have indicated an interest in being designated 
    as RPCHs under the new provisions. Moreover, we believe these changes 
    may be necessary to assure access to SNF-level care in rural areas. In 
    this context, we believe it would be contrary to the public interest to 
    further delay implementation by the amount of time needed for proposed 
    rulemaking. We will consider carefully all comments we receive, and 
    make any further changes needed as the result of them in a final rule. 
    We also are considering whether other, more stringent health and safety 
    rules may be needed in light of the new provisions, and may propose 
    further changes in this area in the future.
    H. Rebasing the Hospital Market Basket
    
        Our practice has been to update or rebase the market basket about 
    every 5 years. Occasionally, we have adjusted this timing to coincide 
    with the Department of Commerce, Bureau of Economic Analysis' schedule 
    for updating the interindustry model of the United States (U.S.) 
    economy, which is released every 5 to 7 years. The interindustry model 
    includes detailed cost analyses of the entire U.S. economy including 
    the hospital industry. In developing the current market basket, 
    effective beginning October 1, 1990, we used 1987 hospital data from 
    the American Hospital Association's (AHA's) 1988 Annual Survey for six 
    major expense categories (wages and salaries, employee benefits, 
    professional fees, depreciation, interest, and a residual ``all other'' 
    category). We used AHA's Hospital Administrative Services (HAS) data 
    from 1987 to derive the weights for professional liability 
    
    [[Page 45815]]
    insurance, food, and pharmaceutical products. Weights for most of the 
    remaining subcategories were derived from Department of Commerce, 
    Bureau of Economic Analysis data trended forward to 1987. For a 
    detailed description of the rebased market basket effective October 1, 
    1990, see the September 1, 1990 final rule (55 FR 36043).
        Although it has been 5 years since the most recent rebasing of the 
    market basket, in the proposed rule we announced our intention to 
    schedule market basket rebasing for FY 1997. We believe that a 1-year 
    delay in the usual schedule is advantageous for the following reasons. 
    First, it provides an opportunity to review and incorporate two 
    important new data sources that are not available at this time. The 
    first of these, the FY 1992 and 1993 Medicare cost report data, contain 
    more detailed data on labor-related and capital-related costs. We are 
    planning on replacing the AHA Annual Survey data with Medicare cost 
    report data for the main operating and capital cost weights. In the 
    next several months, we are planning to compare and analyze the impact 
    of this change to ensure the validity and consistency of the rebased 
    market baskets for operating and capital costs. We believe that using 
    the Medicare data would be an improvement since these data are reported 
    directly to HCFA by Medicare participating hospitals, are readily 
    available to us in a timely manner, and would free us from relying on 
    data that is collected by outside organizations.
        The second new data source we anticipate obtaining and analyzing is 
    the 1992 Bureau of the Census' Assets and Expenditures Survey, which 
    will be available later this year. The Census survey will provide much 
    more detailed operating and capital cost data, and we anticipate that 
    we will be able to use this survey to allocate the main cost category 
    weights into more detailed subcategory weights for both operating and 
    capital costs.
        In addition to using the market basket to update the payment rates, 
    we also use the percentages of the labor-related items (that is, wages 
    and salaries, employee benefits, professional fees, business services, 
    computer and data processing, blood services, postage, and all other 
    labor-intensive services) to determine the labor-related portion of the 
    standardized amounts. The labor-related portion of the standardized 
    amounts is that portion that is subject to adjustment by the hospital 
    wage index. In order to estimate if postponement of the market basket 
    rebasing would adversely affect hospital payments due to a potential 
    change in the labor-related portion of the payment amounts, we 
    conducted an analysis using the 1987 index rebasing methodology (with 
    1992 equivalents of the data sources used in 1987). This analysis 
    indicates only a minor difference in the 1987 and 1992 AHA cost shares 
    for compensation costs, which are the major portion of labor-related 
    costs. Therefore, we believe that delaying the market basket rebasing 
    until FY 1997 will not disadvantage hospitals and will allow us to use 
    more detailed and current data. We did not receive any comments 
    opposing this plan, and we intend to rebase the market basket as a part 
    of our FY 1997 changes to the prospective payment system.
    V. Changes and Clarifications to the Prospective Payment System for 
    Capital-Related Costs
    
    A. Update Framework for Prospective Payment System for Inpatient 
    Hospital Capital-Related Costs and Possible Revisions to the Federal 
    Rate (Section 412.308(c)(1)(ii))
    
    1. Introduction
        For FY 1992 through FY 1995, Sec. 412.308(c)(1) provides that the 
    update for the capital prospective payment rates (Federal rate and 
    hospital-specific rate) will be based on a 2-year moving average of 
    actual increases in Medicare inpatient capital costs per discharge. The 
    regulations provide that, beginning in FY 1996, HCFA will determine the 
    update in the capital prospective payment rates based on an analytical 
    framework that will take into account (1) changes in the price of 
    capital (which we will incorporate into a capital input price index), 
    and (2) appropriate changes in capital requirements resulting from 
    development of new technologies and other factors (such as existing 
    hospital capacity and utilization). The objective of the capital update 
    framework is to determine a rate of increase in aggregate capital 
    prospective payments that, along with a rate of increase in DRG 
    operating payments, ensures a flow of capital and operating services 
    for efficient and effective care for Medicare patients.
        In the June 2, 1995 proposed rule we presented a formal proposal 
    for an update framework for the prospective payment system for hospital 
    inpatient capital-related costs (60 FR 29227). The proposal followed a 
    series of preliminary models of an update framework in our FY 1992, FY 
    1993, FY 1994, and FY 1995 rulemaking documents. We received numerous 
    public comments on the proposed framework, and we present our responses 
    to those comments below.
        The proposed update framework included a capital input price index 
    (CIPI) that parallels the operating input price index. The CIPI 
    measures the pure price changes associated with changes in capital-
    related costs (prices x ``quantities''). The composition of capital-
    related costs is maintained at base-year FY 1987 proportions in the 
    CIPI. As such, the composition of capital reflects the underlying 
    capital acquisition process. We employ FY 1987 as the base year for 
    this preliminary CIPI for consistency with the operating input price 
    index. We will periodically update both the operating and the capital 
    input price indexes to reflect the changing composition of inputs for 
    capital and operating costs.
        The proposed capital update framework, like the operating update 
    framework, incorporated several policy adjustments in addition to the 
    CIPI. We proposed to adjust the CIPI rate of increase for case-mix 
    index-related changes, for intensity, and for error in previous CIPI 
    forecasts. We also discussed a possible adjustment for the efficient 
    and cost-effective use of capital (such as movable equipment, buildings 
    and fixed equipment) in the hospital industry.
        In the proposed framework, we attempted to maximize consistency 
    with the current operating framework, in order to facilitate the 
    eventual development of a single prospective payment system update 
    framework. We also attempted to promote the goals that motivated the 
    adoption of the capital prospective payment system, especially the 
    goals of promoting more effective and efficient utilization of capital 
    resources in the hospital industry and establishing incentives for 
    hospitals to make cost-effective decisions regarding acquisition of new 
    capital resources.
        We invited comments and recommendations on all aspects of the 
    proposed framework. We expressed interest in suggestions regarding the 
    CIPI, the proposed policy adjustment factors, and alternative 
    methodologies for deriving the factors. We were especially interested 
    in comments on a possible efficiency adjustment.
    2. ProPAC Recommendation for Updating the Capital Prospective Payment 
    System Federal Rate
        In its March 1, 1995 report to Congress, ProPAC recommended the use 
    of an update framework that includes a capital market basket component. 
    The ProPAC market basket measures 1-year changes in the purchase prices 
    of a fixed basket of capital goods purchased by 
    
    [[Page 45816]]
    hospitals. The ProPAC framework also includes several policy adjustment 
    factors. A forecast error correction factor adjusts payment rates so 
    that the effects of past errors are not perpetuated. A financing policy 
    adjustment accounts for the effects of substantial deviations from 
    long-term trends in interest rates on hospital capital costs. The 
    ProPAC capital update framework also includes adjustments for 
    scientific and technological advances, productivity, and case-mix 
    change similar to those employed in the ProPAC operating update 
    framework. ProPAC also recommends the adoption of a single update 
    framework for adjusting operating and capital prospective payment rates 
    when the transition to full Federal rate capital payments is complete. 
    ProPAC believes that using a simplified approach comparing annual price 
    changes in capital would facilitate the development of such a unified 
    framework.
        Our long-term goal is to develop a single prospective payment 
    system update framework. We will soon begin to study development of a 
    unified framework. In the meantime, we will continue to maintain as 
    much consistency as possible with the current operating framework in 
    order to facilitate the eventual development of a unified framework.
        The ProPAC and HCFA update frameworks share certain goals. The goal 
    of each framework is to provide a rate of increase in capital 
    prospective payments that, along with the rate of increase in operating 
    prospective payments, will ensure a flow of capital and operating 
    resources that will allow for efficient and effective care for Medicare 
    patients. Both frameworks are designed to provide increases for the 
    purchase of quality-enhancing new technologies. Both frameworks provide 
    for case-mix adjustments to remove the effects of upcoding and to 
    adjust for changes in within-DRG severity. Both frameworks also seek to 
    encourage efficient capital spending behavior. Although the frameworks 
    adopt different methodologies for promoting some of these goals, they 
    are compatible to the degree that they share these goals.
        The major difference between the ProPAC and HCFA frameworks 
    concerns the purpose and structure of the capital input price index, or 
    market basket. ProPAC's framework is based on the premise that capital 
    prospective payments are only for future capital purchases and should 
    not reflect the vintage nature of capital. Thus, ProPAC's proposed 
    capital market basket reflects the projected increase in the purchase 
    price of capital goods from one year to the next. HCFA's framework is 
    based on the premise that capital prospective payments are for 
    hospitals' capital-related expenses, which include the expenses related 
    to future capital-related purchases. That is, HCFA's framework 
    addresses the input price component of expenses associated with 
    hospitals' given stock of capital in a particular fiscal year; ProPAC's 
    framework ignores hospitals' present stock of capital and focuses on 
    changes in input prices associated with capital purchases that 
    hospitals will make in a particular fiscal year.
        The HCFA CIPI projects the price changes associated with the 
    accounting or vintage costs of capital assets. The HCFA CIPI is based 
    on a definition of capital-related expenses and associated capital-
    related prices derived from accounting practice (including required 
    HCFA prospective payment system accounting practice) and consistent 
    with economic theory. HCFA believes that the concept of capital-related 
    prices incorporated into the HCFA CIPI is more appropriate than the 
    concept incorporated into the ProPAC market basket because the 
    consumption of capital is not just what is purchased in one year. The 
    consumption of capital has a time-dimension: Capital is not used up 
    immediately but rather over time. This feature of capital is reflected 
    in the accounting definition of capital cost, and it should be 
    reflected as well in the concept of capital prices in the CIPI. The 
    transition from reasonable cost reimbursement to payment under a 
    prospective system does not cancel the applicability of general 
    accounting practice or the HCFA accounting practice derived from it. 
    Thus the concepts of capital-related expenses and capital-related 
    prices continue to be appropriate. Furthermore, the base capital rates 
    were computed on the basis of accounting costs. HCFA believes that it 
    is more consistent to update those rates on the basis of the changes in 
    prices associated with those costs rather than on the basis of changes 
    in current year purchase prices alone.
        The HCFA CIPI captures the vintage feature of capital price by 
    using a vintage average approach, that is, weighted averages of 
    purchase prices and interest rates up to and including the current 
    year. The use of vintage averages as the measure of price changes 
    tracks the flow of consumption of capital. The vintage approach better 
    reflects what hospital cash-flow needs are as new assets are brought 
    on, since hospitals still bear the costs of older assets as the new 
    assets are brought on.
        HCFA believes that the CIPI appropriately reflects the prices 
    associated with past and current period purchases of capital. Under the 
    HCFA approach, the price change associated with the capital costs for 
    any year is a weighted average of the prices associated with 
    depreciation, interest and other capital costs for that year. The 
    prices associated with the depreciation costs during the year are an 
    average of the prorated purchase prices for the assets in use during 
    that year (25 years for buildings and fixed equipment, 10 years for 
    movable equipment, including current year purchases). The prices 
    associated with the interest costs during the year are an average of 
    the interest rates on debt instruments in effect during that year (22 
    years, including debt instruments that are new in the current year). 
    Capital-related costs for insurance have an annual time dimension, and 
    therefore the prices associated with those expenses are current year 
    prices only.
        In addition to the disagreement over whether the CIPI should 
    reflect the vintage nature of capital, HCFA and ProPAC also disagree 
    over the treatment of interest. ProPAC proposes to account for interest 
    rate changes through a separate financing policy adjustment that would 
    account for significant changes in long-term interest rates. This 
    adjustment would increase the update in case of significant long-term 
    interest rate increases, and decrease the update in cases of 
    significant interest rate decreases. (ProPAC has not identified the 
    threshold that constitutes ``significant'' interest rate changes.)
        HCFA believes that there must be an interest rate component in a 
    capital input price index. Sound accounting practice includes interest, 
    along with depreciation, as a component of capital cost. The interest 
    and depreciation components of capital cost track the flow of 
    consumption of capital inputs. Price is a component factor of cost 
    (that is, cost is the product of price and quantity), and capital cost 
    has both depreciation and interest components. There must therefore be 
    an interest component of capital price just as there is an interest 
    component of capital cost.
        Furthermore, ProPAC's treatment of interest assumes that only 
    current year interest rate changes need to be measured to capture the 
    relevant price effects of interest rate changes. HCFA believes that the 
    price aspects of interest costs, like the price aspects of depreciation 
    costs, have a time dimension that must be captured in the CIPI. Whether 
    the current year interest rate reflects a net lower price of financing 
    to the hospital depends not on comparison of the current year's 
    interest rate to the previous year's interest rate, 
    
    [[Page 45817]]
    but on the effect of the current year interest rate on all the 
    hospital's debt instruments. For example, assume that the previous 
    year's interest rate was 8 percent, and the current year's interest 
    rate is 5 percent. However, as the hospital enters new financing 
    arrangements at the current rate of 5 percent, it retires debt 
    instruments from 20 years earlier that bore an interest rate of 3 
    percent. The price effect of the current year's interest rate is thus 
    higher, not lower, as new debt instruments at 5 percent replace old 
    debt instruments at 3 percent. HCFA believes it to be a great advantage 
    of its CIPI that it directly tracks price effects such as these.
        Finally, the pure price aspects of interest costs (that is, the 
    interest rate and the purchase price that is represented in the amount 
    of loan principal) are typically beyond the control of the hospital 
    industry. To be sure, the actual decision to purchase capital assets or 
    acquire debt is a ``quantity'' decision and typically is discretionary 
    for a particular span of time. However, in measuring the actual 
    expected price per unit of real capital, independently of any 
    evaluation of the propriety of any actual purchase decisions, it is 
    essential to recognize that the industry has some control over the 
    amount of capital it purchases but little or no control over the price 
    it pays for capital. Thus, the pure price aspect of interest cost 
    changes must be incorporated into the CIPI. Otherwise, the CIPI will 
    not accurately reflect the prices faced by hospitals who must borrow to 
    finance necessary capital acquisitions. Limitations on the quantity of 
    capital are appropriately implemented through policy adjustment 
    factors. The ProPAC approach artificially eliminates pure price changes 
    related to interest costs from the CIPI and incorporates them into a 
    discretionary adjustment factor. The HCFA CIPI retains all price 
    components of increases in interest costs as one measure of inflation 
    in capital-related expenses. It thereby keeps price and quantity 
    aspects distinct, allowing separate analysis of each factor of 
    increases in capital expenses.
        We do not agree with the ProPAC that the approach of comparing 
    annual price changes in capital is more conducive to a single update 
    factor. We believe that price changes in current hospital capital 
    expenses are analogous to price changes in current hospital operating 
    expenses. The HCFA CIPI measures the price change in capital expenses, 
    and is, therefore, the appropriate analog to the input price index used 
    to update operating payments under prospective payment. We provide 
    further comments on particular ProPAC recommendations in section V.A.3 
    of this preamble.
    3. Measurement of Capital Input Price Increases
        a. Introduction. HCFA discussed a capital input price index as one 
    component in developing future update factors for the Federal rate in 
    the September 1, 1992 Federal Register (57 FR 40016). We have presented 
    revised versions of the capital input price index in the May 26, 1993 
    (58 FR 30448), September 1, 1993 (58 FR 46490), May 27, 1994 (59 FR 
    27876), and September 1, 1994 (59 FR 45517) issues of the Federal 
    Register.
        In the June 2, 1995 proposed rule (60 FR 29229), we formally 
    presented a capital input price index for public comments prior to 
    adoption of this final rule. The proposed CIPI parallels the operating 
    input price index. Both the CIPI and the operating input price index 
    are designed to measure input price changes for hospitals' current year 
    expenses, that is, to separate pure price changes from quantity and 
    expenditure changes. The operating sector input price index measures 
    input price changes for operating-related expenses. The capital input 
    price index measures input price changes for capital-related expenses, 
    which include depreciation, interest, and other expenses (such as 
    insurance related to capital goods).
        b. HCFA Capital Input Price Index Methodology. The CIPI is based on 
    the following assumptions:
         The Federal rate is based on the concept of capital-
    related expenses of capital assets used for patient care in the fiscal 
    year and, therefore, any change in the Federal rate should take into 
    account expected changes in the input price aspects of capital-related 
    expenses.
         Capital-related expenses are defined as the sum of 
    depreciation expense, capital-related interest costs, and other 
    capital-related costs, including insurance and leases.
         The input prices related to capital-related expenses are 
    typically beyond the control of the hospital industry (that is, the 
    hospital is a price-taker, not a price-setter).
        These assumptions lead directly to a definition of a CIPI that 
    takes into account the price aspects of changes in depreciation 
    expense, interest costs, and other capital-related costs. Thus, the 
    CIPI includes three categories of capital-related expenses: 
    depreciation, interest, and other capital-related costs (such as 
    insurance). Further, the assumptions lead directly to input prices for 
    depreciation and interest costs that, unlike operating costs, have a 
    time dimension that must be captured in the CIPI.
        Comment: A commenter suggested that the HCFA CIPI is flawed because 
    it relies excessively on assumptions that could cause the update to be 
    more likely to overstate or understate the true changes in prices than 
    an input price index measuring year-to-year changes.
        Response: We believe that the HCFA CIPI appropriately and 
    accurately reflects the ``pure'' price change in capital expenses for 
    the current year as well as other years or vintages. The CIPI was 
    developed based on accepted accounting definitions of capital expenses 
    and conceptually sound methodologies using appropriate data. We have 
    continually improved the index by using more relevant data, as well as 
    implementing comments received on three prior rulemaking documents. The 
    assumptions we have made regarding price proxies, base year weights, 
    and expected lives have been explained thoroughly and refined in the 
    prospective payment system rulemaking documents for the last three 
    fiscal years. These assumptions are based on accepted accounting, 
    economic, and financial reasoning. Thus, we believe that those 
    assumptions lead to valid results.
        Current depreciation costs represent the summed depreciation for 
    all purchases of capital assets that are still depreciable in the 
    current period. The input prices associated with these depreciation 
    expenses are the purchase prices attached to all past and current 
    capital purchases for capital still depreciable in the current period. 
    A weighted average of these purchase prices thus represents the input 
    price associated with depreciation expenses in the current period. 
    Thus, the depreciation input price for the current period measures 
    price aspects of current depreciation expenses for capital, just as the 
    operating input price index for the current period measures price 
    aspects of current operating expenses for labor and non-capital goods 
    and services. The depreciation input price appropriately differs from 
    the operating input price in that the depreciation input price is a 
    vintage-weighted composite of all past capital purchase prices, while 
    the operating index input price measures purchase prices for current 
    periods only.
        Comment: Two commenters contended that HCFA's vintage-weighting 
    approach will not provide sufficient updates to allow for replacement 
    of capital. They conclude that the CIPI should therefore include only 
    increases in current year purchase 
    
    [[Page 45818]]
    prices. One of the commenters submitted a detailed technical analysis 
    concluding that the HCFA CIPI will allow HCFA to match payment 
    increases for depreciation and interest with increases in depreciation 
    and interest expenses, but will not allow HCFA to match increases in 
    replacement costs of assets. This commenter questioned whether a focus 
    solely on depreciation and interest is a necessary requirement for 
    prospective payment for capital. The other commenter implied that the 
    non-vintage approach will provide sufficient capital reimbursement to 
    replace needed capital assets, while the HCFA CIPI looks at the current 
    capital stock that has already been acquired and paid for.
        Response: We concur with the comment that the HCFA CIPI captures 
    increases in the price component of depreciation expenses, and, under 
    reasonable assumption, will match price increases in interest rates. 
    The issue of providing for replacement of capital assets is a difficult 
    one. We agree with the commenters that an adequate update framework 
    should be able to provide updates to payment rates sufficient to fund 
    replacement of capital assets, where it is appropriate to do so. We do 
    not necessarily believe, however, that it is appropriate for the 
    Medicare program to support full replacement of assets where excess 
    capital capacity exists.
        As in the case of other issues regarding the update framework, the 
    issue of replacement costs has both price and quantity aspects. Full 
    replacement cost involves increases reflecting both price and quantity 
    sufficient to replace existing assets. In this section, we discuss the 
    replacement issue from the price aspect: that is, whether the vintage-
    weighting approach in the HCFA CIPI can provide, where appropriate, 
    updates sufficient to fund full replacement. In this analysis, we make 
    the assumption that it is appropriate to set the policy adjustments 
    within the update framework at levels to provide for the quantities 
    necessary to provide full replacement. In section V.A. below, we 
    discuss our continuing analysis of capital cost increases during the 
    period just prior to the implementation of prospective payment for 
    capital. During that period, the Medicare program paid for operating 
    costs on a prospective basis, but hospitals continued to receive cost-
    based payment for capital. That analysis suggests that an excess 
    capacity of capital assets over efficient levels may exist. If that is 
    the case, then adjustments to provide for less than full replacement of 
    capital assets may be appropriate since underused capacity implies 
    inefficient use of social resources.
        We do not agree with the suggestion that the HCFA CIPI cannot 
    adequately provide for replacement of assets. The HCFA CIPI provides 
    increases in the price component of replacement costs for new capital 
    by adequately reflecting price increases in capital expenses. 
    Medicare's payment for capital has changed from retrospective cost-
    based reimbursement to prospective payment for an efficient level of 
    capital. However, the concept of paying for capital expenses remains 
    the same under capital prospective payment, just as the concept of 
    paying for operating expenses has not changed. That is, under 
    prospective payment, hospitals will be paid for an efficient level of 
    operating and capital expenses.
        The HCFA CIPI provides a conceptually sound measure of price 
    changes associated with the capital expenses incurred by hospitals. The 
    level of capital expenses incurred by a hospital in a given year is not 
    a function merely of the annual percent change in the new capital 
    purchase prices, but rather of the purchase prices and interest rates 
    associated with all capital assets that are still in use for patient 
    care and that are not yet fully depreciated. Because of the vintage 
    nature of the CIPI, the percent change in the CIPI can appropriately be 
    above, below, or equal to the annual percent change in capital purchase 
    prices in any given year.
        Analysis by the HCFA Office of the Actuary suggests that the CIPI 
    should provide updates adequate to finance replacement of capital under 
    reasonable assumptions about prudent hospital financial management. 
    Industry sources and Medicare cost report data indicate that capital is 
    not typically paid for in full when it is acquired. Rather, debt 
    funding is the major form of capital financing used by hospitals. 
    Actual cash outlays for capital thus consist primarily of payments for 
    principal and interest on loans. The interest component inherent in the 
    capital prospective payment system should cover interest costs for an 
    efficient hospital.
        The issue concerning replacement of assets is thus whether the 
    depreciation component implicit in the prospective capital payment can, 
    assuming an allowance for replacement of the full quantity of assets, 
    cover the principal costs of debt for an efficient hospital while 
    allowing accumulation of a reserve adequate to provide the necessary 
    down payment for future capital purchases. In the early years of debt 
    repayment, principal payments are relatively small. During that period, 
    the portion of the rate payment related to depreciation in excess of 
    principal costs of debt can be accumulated in a sinking fund. Sound 
    financial management suggests that payments for capital expenses 
    (depreciation and interest) that are in excess of the hospital's actual 
    capital cash outlays (principal and interest) be accumulated and 
    invested to provide for adequate replacement of assets. In other words, 
    prudent hospitals would invest the sinking fund to earn interest. Based 
    on examination of historical relationships and projected trends, we 
    believe that accumulation of the sinking fund over the life of the 
    asset will, on average, provide an adequate amount for asset 
    replacement.
        Current interest expenses represent the total interest costs for 
    all still-active past debt instruments associated with past and current 
    purchases of all capital assets currently used for patient care. The 
    input prices associated with these interest expenses are the interest 
    rates associated with all past debt instruments that are still active 
    in the current period. A weighted average of these interest rates thus 
    represents the input price associated with interest expenses in the 
    current period. Thus, the interest input price for the current period 
    measures price aspects of current interest expenses, just as the 
    operating input price index for the current period measures price 
    aspects of current operating expenses for labor and non-capital goods 
    and services. The interest input price appropriately differs from the 
    operating input price in that the interest input price is a vintage-
    weighted composite of all interest rates for debt instruments that are 
    still active in the current period, while the operating index input 
    price measures purchase prices for current periods only.
        Comment: A commenter agreed with HCFA's inclusion of interest in 
    the CIPI. However, the commenter did not agree with the HCFA vintage 
    approach to determining the interest component. The commenter instead 
    recommended measuring annual price changes in financing costs.
        Response: We agree with this commenter that the price increases in 
    interest are an integral and accepted component of capital costs and 
    therefore should be included in the CIPI. However, we do not believe 
    that using annual price changes in interest rates will appropriately 
    measure the price change for interest expenses that have a vintage 
    nature. The HCFA CIPI measures the price aspects associated with 
    current interest expense, which include interest costs for all still-
    active past debt instruments appropriately 
    
    [[Page 45819]]
    weighted. It would be inappropriate to update the interest expense 
    component of the CIPI by the annual change in the current year interest 
    rate when current year interest expense reflects interest rates on debt 
    in various years, or vintages. Also, using the change in the current 
    year interest rate would create a volatile series in the CIPI that 
    would lack predictability, as well as inappropriately measure price 
    increases in current year interest expense. The HCFA CIPI should 
    include a vintage-weighted interest component, appropriately weighted, 
    to validly measure price increases in current year interest expense.
        Comment: One commenter stated that once the negative interest 
    adjustment proposed by HCFA is eliminated, ProPAC's CIPI and HCFA's 
    CIPI show very little difference.
        Response: HCFA has not proposed a negative adjustment for interest, 
    but merely requires that the price aspect of interest expense be 
    appropriately measured in the CIPI. In the most recent historical and 
    forecasted periods, it is true that the interest component is negative; 
    however, it is correctly negative because the effect of interest rate 
    decreases in recent years has been to decrease the interest price faced 
    by hospitals for all the debt instruments that are still in effect. In 
    addition, the commenter's contention about the result of removing the 
    interest component from the CIPI is erroneous. In many of the years 
    from 1979 to 1994, removal of the interest component creates larger 
    differences between the HCFA CIPI and the ProPAC CIPI.
        Our original version of the CIPI employed proportional annual 
    weights in determining the moving averages of the purchase prices 
    associated with depreciation and interest. A commenter on a previous 
    version of the CIPI recommended that proportional annual vintage 
    weights for capital price proxies be replaced by non-proportional 
    annual vintage weights that reflect the relative vintage purchases of 
    capital. The commenter pointed out that annual purchases of real 
    capital tend to increase over time. As annual purchases of real capital 
    increase, the later years in the moving average of depreciation and 
    interest costs should be weighted more heavily than the earlier years. 
    We agree with this comment. Accordingly, a special data base was 
    prepared to provide appropriate historical vintage weights for 
    depreciation and interest input prices. The non-proportional vintage 
    weights in the CIPI appropriately reflect the relative contributions of 
    current capital purchase prices and current interest rates to total 
    capital price in the current year.
        Current year other capital-related expenses (for example, 
    insurance) have an annual time dimension and, therefore, prices 
    associated with these expenses are, like operating input prices, 
    current year prices only.
        Comment: One commenter recommended that HCFA use a more recent year 
    as the base year for the CIPI to increase consistency with current 
    hospital capital expenditure patterns. Another commenter agreed that 
    delaying the rebasing will improve the market basket and, therefore, is 
    appropriate.
        Response: We agree that using a more recent base year is desirable 
    and, as we discussed in the June 2, 1995 (60 FR 29229) proposed rule, 
    we have done preliminary research into the effects of changing the base 
    year from FY 1987 to FY 1992. The initial results from currently 
    available data sources have shown small differences between the FY 1987 
    and FY 1992 base year weights, resulting in a minimal effect on the 
    CIPI. We intend to use expanded capital-related data in the FY 1992 and 
    FY 1993 Medicare cost reports in the rebasing effort. The expanded 
    capital-related data is available beginning with FY 1992 cost reports; 
    therefore, we are examining the data thoroughly for reliability and 
    accuracy using FY 1993 as a validity check. To ensure that the data is 
    reasonable, we plan to compare data from other sources, some of which 
    are not available at this time, to the expanded capital-related data in 
    the Medicare cost reports. Exercising this added discretion before 
    using the expanded capital Medicare data will not only produce more 
    representative and reliable data, but would also ensure that the data 
    are less subject to interpretation and error. It is for these reasons 
    that we delayed the rebasing originally planned for FY 1996.
        The FY 1987 composite data base starts with financial variables 
    from the American Hospital Association (AHA) Panel Survey. These data 
    are augmented by data from the Medicare cost reports and from the 
    Department of Commerce Capital Expenditure Survey. The composite data 
    base provides annual estimates of nominal purchases for building and 
    fixed equipment and for movable equipment. Leasing amounts were 
    distributed among building and fixed equipment and movable equipment 
    nominal purchases by first computing the percentage of total owner-
    operated nominal purchases attributable to each type of equipment, and 
    then applying these percentages to total leasing amounts. Nominal 
    purchases were then converted to annual real (that is, constant dollar) 
    purchases by dividing nominal expenditures by an appropriate purchase 
    price proxy.
        Expected life for building and fixed equipment and for movable 
    equipment were derived from Medicare cost reports by dividing the book 
    value of assets by current year depreciation amounts. The relative 
    distribution of real capital purchases within the respective life for 
    building and fixed equipment (25 years) and for movable equipment (10 
    years) were derived from the special data base. These relative 
    distributions are shown in Table 1. Relative distributions for a number 
    of different time periods were averaged to obtain the distributions in 
    Table 1. These distributions were all very similar regardless of the 
    periods chosen and, therefore, we selected an average of the 
    distributions in order to simplify the calculations.
    
          Table 1.--Relative Weights for Capital-Related Price Proxies      
                                                                            
                                                                            
    Building and Fixed Equipment Expected Life: 25 years:                   
    1............................................................      0.015
    2............................................................      0.019
    3............................................................      0.022
    4............................................................      0.024
    5............................................................      0.023
    6............................................................      0.022
    7............................................................      0.020
    8............................................................      0.021
    9............................................................      0.025
    10...........................................................      0.030
    11...........................................................      0.033
    12...........................................................      0.034
    13...........................................................      0.034
    14...........................................................      0.035
    15...........................................................      0.038
    16...........................................................      0.043
    17...........................................................      0.049
    18...........................................................      0.053
    19...........................................................      0.056
    20...........................................................      0.057
    21...........................................................      0.060
    22...........................................................      0.066
    23...........................................................      0.071
    24...........................................................      0.075
    25...........................................................      0.077
    ------------------------------------------------------------------------
      Total......................................................      1.000
    ========================================================================
    Movable Equipment Expected Life: 10 years:                              
    1............................................................      0.064
    2............................................................      0.072
    3............................................................      0.077
    4............................................................      0.085
    5............................................................      0.095
    6............................................................      0.101
    7............................................................      0.109
    8............................................................      0.122
    9............................................................      0.132
    10...........................................................      0.142
    ------------------------------------------------------------------------
      Total......................................................      1.000
    ========================================================================
    
    [[Page 45820]]
                                                                            
    Interest Expected Life: 22 years:                                       
    1............................................................      0.007
    2............................................................      0.009
    3............................................................      0.010
    4............................................................      0.011
    5............................................................      0.013
    6............................................................      0.015
    7............................................................      0.017
    8............................................................      0.020
    9............................................................      0.023
    10...........................................................      0.027
    11...........................................................      0.032
    12...........................................................      0.038
    13...........................................................      0.043
    14...........................................................      0.050
    15...........................................................      0.057
    16...........................................................      0.064
    17...........................................................      0.074
    18...........................................................      0.083
    19...........................................................      0.090
    20...........................................................      0.098
    21...........................................................      0.105
    22...........................................................      0.114
    ------------------------------------------------------------------------
      Total......................................................      1.000
    Source: Health Care Financing Administration, Office of the Actuary     
      (Medicare Cost Reports, AHA Panel Survey, Securities Data Inc.)       
    
    
        Table 2 shows the historical, annual percentage changes in the 
    capital-related price proxies employed in the CIPI prior to vintage-
    weighting. These proxies are as follows: the institutional construction 
    index maintained by Boeckh for the unit prices of fixed assets; the 
    machinery and equipment component of the Producer Price Index (PPI-11) 
    for movable equipment; the average yield on domestic municipal bonds 
    from the Bond Buyer index of 20 bonds (Muni); the average yield on 
    Moody's corporate bonds (AAA); a composite of Muni and AAA indexes 
    (Combined Muni/AAA); and the residential rent component of the Consumer 
    Price Index (CPI Rent) for other capital costs.
        We previously used the Engineering News-Record (ENR) building cost 
    index as a price proxy for the unit price of fixed assets. However, we 
    believe that the Boeckh institutional construction index is more 
    applicable to the industry. The variation between the two indexes is 
    minimal.
        We applied the relative vintage depreciation weights from Table 1 
    to the appropriate non-vintage weighted historical, annual index levels 
    (base year FY 1987) of depreciation price proxies to generate the 
    current year, vintage-weighted component index levels for the CIPI 
    depreciation sector. The annual percentage change between the non-
    vintage weighted historical, annual depreciation index levels are 
    listed in Table 2. The annual percentage changes between the annual, 
    vintage-weighted depreciation component index levels (base year FY 
    1987) are listed in Table 3. For example, the FY 1996 movable equipment 
    index component percentage change of 1.8 percent in Table 3 was 
    computed as the percentage change between the FY 1995 and FY 1996 
    vintage-weighted movable equipment component index levels. The FY 1996 
    movable equipment component index (base year FY 1987) represents the 
    weighted-average of the index levels in the movable equipment price 
    proxy (PPI-11 in Table 2) for the previous 10 years (that is, FY 1987 
    through 1996), weighted by the relative vintage weights listed for 
    movable equipment in Table 1. These calculations are slightly different 
    than prior versions of the CIPI in the Federal Register, and reflect a 
    more refined weighting methodology.
    
    Table 2.--Annual Percent Changes for Non-Vintage Weighted Capital Input Price Proxies, Fiscal Years 1949 to 2000
    [Proxy name--BOECKH--institutional construction, PPI-11-machinery and equipment, Muni--average yield on domestic
    municipal bonds--bond buyer (20 bonds), AAA--average yield on moody's AAA corporate bonds, CPI rent (all urban)--
                                                    residential rent]                                               
    ----------------------------------------------------------------------------------------------------------------
                                                                                              Combined              
                Fiscal year                BOECKH       PPI-11        Muni         AAA        Muni/AAA     CPI rent 
    ----------------------------------------------------------------------------------------------------------------
    1949..............................          3.3          7.4         -4.4         -3.1         -4.2          4.4
    1950..............................          1.4          0.5         -9.4         -4.2         -8.4          3.9
    1951..............................          8.6         13.6         -5.8          7.1         -3.4          3.7
    1952..............................          3.7          1.6         12.9          5.7         11.4          4.2
    1953..............................          3.5          0.8         25.9          7.3         22.2          4.7
    1954..............................          1.5          2.7         -8.2         -6.3         -7.9          4.8
    1955..............................          1.8          1.9         -0.4          1.1         -0.1          1.4
    1956..............................          4.8          7.5          7.8          7.6          7.8          1.7
    1957..............................          3.6          8.0         24.0         18.0         23.0          1.9
    1958..............................          1.8          3.2         -3.7         -1.1         -3.3          1.9
    1959..............................          3.1          1.6         11.5         13.3         11.8          1.3
    1960..............................          2.7          1.5          1.7          4.9          2.3          1.6
    1961..............................          1.1         -0.3         -3.1         -3.2         -3.2          1.3
    1962..............................          2.2          0.0         -6.4          0.8         -5.1          1.3
    1963..............................          2.3          0.0         -3.4         -2.8         -3.3          1.0
    1964..............................          2.8          0.9          3.2          3.3          3.2          1.0
    1965..............................          3.1          0.6         -0.5          1.6         -0.1          1.0
    1966..............................          3.8          2.7         16.5         11.0         15.4          1.2
    1967..............................          5.3          3.8          2.4          8.3          3.5          1.7
    1968..............................          7.3          2.8         14.7         14.5         14.6          2.4
    1969..............................          8.4          3.3         21.5          9.8         19.2          2.8
    1970..............................          7.0          4.2         22.2         18.0         21.4          4.1
    1971..............................          8.7          4.2        -13.9         -4.9        -12.3          4.7
    1972..............................          8.0          2.2         -5.8         -3.8         -5.4          3.6
    1973..............................          6.0          2.6         -1.8          0.8         -1.3          4.0
    1974..............................          8.0          9.9         12.6         12.5         12.6          4.9
    1975..............................         11.1         19.5         19.2          7.9         16.9          5.2
    1976..............................          7.6          6.7         -1.2         -3.2         -1.5          5.3
    1977..............................          8.5          6.0        -15.8         -6.4        -14.1          5.8
    1978..............................          6.6          7.6          1.1          5.6          2.0          6.7
    1979..............................          7.5          8.7          7.3          8.9          7.6          7.1
    1980..............................          8.6         11.5         26.9         22.9         26.1          8.6
    1981..............................          9.8         10.6         32.9         20.7         30.5         8.8 
    
    [[Page 45821]]
                                                                                                                    
    1982..............................          9.6          7.1         16.2          5.5         14.2          8.0
    1983..............................          7.0          3.2        -22.5        -17.7        -21.7          6.3
    1984..............................          5.2          2.3          4.8          6.9          5.1          5.0
    1985..............................          2.0          2.2         -5.3         -7.1         -5.6          5.9
    1986..............................          1.6          1.5        -18.1        -19.6        -18.4          6.2
    1987..............................          2.1          1.5         -5.5         -5.3         -5.5          4.5
    1988..............................          2.3          2.2          7.1          9.9          7.6          3.8
    1989..............................          3.6          3.5         -6.7         -4.8         -6.3          3.8
    1990..............................          2.5          3.1         -1.2         -2.0         -1.3          4.2
    1991..............................          2.7          2.2         -2.7         -2.6         -2.7          3.9
    1992..............................          3.1          0.5         -7.4         -8.2         -7.5          2.6
    1993..............................          2.4          0.4        -10.6         -8.9        -10.3          2.4
    1994..............................          2.8          0.8          0.0          0.2          0.0          2.3
    1995..............................          3.1          1.4          6.2          8.1          6.5          2.7
    1996..............................          2.8          3.0         -6.9         -6.0         -6.7          3.0
    1997..............................          3.4          2.4          4.2          1.5          3.7          2.2
    1998..............................          3.4          2.5         -2.3          1.3          2.1          3.6
    1999..............................          3.2          2.4         -1.3         -0.6         -1.2          2.5
    2000..............................          3.2          2.5          0.5          0.6          0.5         2.7 
    ----------------------------------------------------------------------------------------------------------------
    Source: DRI/McGraw-Hill HCC, 2nd Qtr 1995; @USSIM/TRENDLONG0595; @CISSIM/CCONTROL952.                           
    Released By: HCFA, OACT, Office of National Health Statistics.                                                  
    
    
    
        Table 3.--HCFA Capital Input Price Index Percent Changes, Total and Components, Fiscal Years 1979 to 2000   
    ----------------------------------------------------------------------------------------------------------------
                                                                  Depreciation                                      
                                                    ---------------------------------------                         
                Fiscal year                Total                    Building                  Interest      Other   
                                                        Total      and fixed     Movable                            
                                                                   equipment    equipment                           
    ----------------------------------------------------------------------------------------------------------------
    Weights (FY1987)..................       1.0000       0.6510       0.3054       0.3456       0.3274       0.0216
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
                                                     Price Changes                                                  
    ----------------------------------------------------------------------------------------------------------------
    1979..............................          5.6          7.4          6.9          7.7          2.6          7.1
    1980..............................          7.1          7.9          7.2          8.6          5.6          8.6
    1981..............................          8.8          8.4          7.6          9.1          9.5          8.8
    1982..............................          9.3          8.5          7.9          9.0         10.6          8.0
    1983..............................          6.7          8.0          7.8          8.1          4.7          6.3
    1984..............................          6.3          7.2          7.5          6.9          4.8          5.0
    1985..............................          5.1          6.2          6.7          5.7          3.3          5.9
    1986..............................          3.7          5.5          6.1          5.0          0.4          6.2
    1987..............................          3.1          4.9          5.6          4.3         -0.5          4.5
    1988..............................          3.0          4.5          5.3          3.8          0.1          3.8
    1989..............................          2.7          4.3          5.1          3.6         -0.7          3.8
    1990..............................          2.4          3.9          4.8          3.2         -1.0          4.2
    1991..............................          2.1          3.6          4.5          2.7         -1.3          3.9
    1992..............................          1.7          3.2          4.3          2.1         -2.1          2.6
    1993..............................          1.3          2.9          4.1          1.8         -2.9          2.4
    1994..............................          1.3          2.8          4.0          1.6         -2.7          2.3
    1995..............................          1.5          2.7          3.9          1.6         -1.9          2.7
    1996..............................          1.5          2.8          3.8          1.8         -2.5          3.0
    1997..............................          1.7          2.8          3.7          1.9         -2.0          2.2
    1998..............................          1.9          2.8          3.6          2.0         -1.5          3.6
    1999..............................          1.9          2.8          3.5          2.0         -1.4          2.5
    2000..............................          1.9          2.8          3.5          2.0         -1.2         2.7 
    ----------------------------------------------------------------------------------------------------------------
    Source: DRI/McGraw-Hill HCC, 2nd Qtr 1995; @USSIM/TRENDLONG0595;                                                
    @CISSIM/CONTROL952.                                                                                             
    Released By: HCFA, OACT, Office of National Health Statistics.                                                  
    
        As we have discussed in connection with previous versions of the 
    CIPI, stability is an important criterion for evaluating such an index. 
    Stability is an inherent characteristic of capital because of its 
    vintage nature; since capital assets are consumed over time, they are 
    replaced at a relatively slow rate. An input price index for capital 
    
    [[Page 45822]]
    should reflect the relative stability of capital assets themselves. 
    Furthermore, excessive volatility in a price index deprives the index 
    of predictability, thus inhibiting the ability of institutions to plan 
    for changes in capital payments resulting from changes in the CIPI. We 
    graphically demonstrated (using the projections available at that time) 
    the stability of the annual HCFA vintage-weighted CIPI compared to 
    annual changes in non-vintage-weighted capital purchase prices in 
    Figures 1 and 2 in our discussion of May 27, 1994 (59 FR 27882).
        ProPAC recommends a capital input price index based on annual 
    changes in current capital purchase prices excluding consideration of 
    weighted historical capital purchase prices (that is, not vintage 
    weighted). We previously argued that the ProPAC index was not 
    consistent with the operating input price index that is currently used 
    to assist in updating DRG payment rates. We would add that the greater 
    volatility in annual purchase prices would introduce an unacceptable 
    degree of volatility in prospective capital payments and does not 
    reflect the inherent stability that comes from the vintage nature of 
    capital.
        Comment: One commenter contended that the HCFA CIPI is excessively 
    complicated, considering that its purpose is to update just a small 
    portion (approximately 10 percent) of payments to hospitals for 
    inpatient services. The commenter recommended that a simpler approach 
    be adopted.
        Response: Capital expenses for prospective payment hospitals are 
    expected to be about $7.8 billion in FY 1996, a significant amount that 
    warrants an appropriate input price index. While the HCFA CIPI does 
    include vintage-weighting of both depreciation and interest prices, the 
    HCFA CIPI is actually a simplification of the complicated capital 
    accumulation process it is measuring. It would not be appropriate to 
    accept an index that does not measure capital prices as well just 
    because it is simpler. The HCFA CIPI is complicated only to the point 
    that it accurately measures price increases for capital purchased in a 
    financial world that is itself inherently complicated by the vintage 
    nature of capital. Despite its necessary complexities, the HCFA CIPI 
    provides an accurate, less volatile measure of price increases than 
    annual price changes, providing hospitals with the ability to plan for 
    changes in capital payments. As stated earlier, the vintage nature of 
    capital requires that the index reflect the stability of capital 
    assets.
        Another commenter on a previous version of the CIPI recommended 
    that data from Securities Data Corporation be incorporated into the 
    CIPI interest computations. This source provides information on 
    hospital issuances of municipal and commercial bonds. From this data 
    base, we incorporated information showing that the average expected 
    life of hospital bond debt instruments (that is, the time interval 
    between the issue date and the maturation date) was about 13 years for 
    municipal serial bonds and about 25 years for municipal term bonds. The 
    weighted average life for the 2 types of bonds was 22 years.
        The relative nominal capital purchases within various 22-year 
    periods provided appropriate vintage weights for annual changes in 
    interest rates. Not all capital purchases are funded by debt. Medicare 
    cost reports suggest that about 80 percent of new capital acquisitions 
    are financed by debt and about 20 percent by equity financing. However, 
    if the proportion of total purchases financed by debt does not change 
    substantially from year to year, then it is irrelevant whether we use 
    the full amount or a constant proportion of the full amount of nominal 
    capital acquisitions as weights for relative amounts of the debt 
    instruments still active in the current period.
        A third commenter on a previous version of the CIPI recommended 
    that we investigate the effects on interest rate changes of changing 
    structures of hospital bond ratings. If bond ratings are deteriorating, 
    hospitals incur higher interest rate charges; if bond ratings improve, 
    hospitals incur lower interest rates. Our CIPI currently recognizes 
    only changes in pure interest rates and does not recognize changes in 
    effective interest rates due to changes in bond ratings.
        We reviewed a hospital municipal-bond data base from Securities 
    Data Corporation to examine that issue. The data showed that serial 
    bonds continue to dominate short-term financing and that term bonds 
    dominate long-term financing. We classified all bond amounts by ratings 
    found in the data base for years 1980 to 1993. The distribution of 
    those issues described with a Moody's Quality Rating, shown in Table 4 
    (portions are applied to dollar amount of debt issued), indicates a 
    trend toward higher quality issues since 1984. Although the annual, 
    aggregate issue amounts in Moody's quality range Aaa through A have 
    remained approximately constant since 1980, issue amounts in the 
    highest quality band have become substantially higher since inception 
    of the prospective payment system. Both issue amounts in the Aaa-Aa3 
    ranges and those in the Aaa-A range are greater in 1993 than at any 
    time since 1980. We conclude there is not sufficient evidence to 
    justify a component for deteriorating bond ratings in the CIPI.
    
      Table 4.--Percent Distribution of Hospital Municipal Bond Amounts by  
                            Moody's Quality Rating.*                        
    ------------------------------------------------------------------------
                                   Pre-          Post-prospective payment   
                                prospective               system            
                              payment system -------------------------------
                             ----------------    1984-1988       1989-1993  
                                 1980-1983   -------------------------------
                             ----------------                               
                                 (percent)       (percent)       (percent)  
    ------------------------------------------------------------------------
    Aaa-Aa3.................             7.1            36.8            49.0
    Aa-A....................            50.6            24.1            21.7
    Baa1-Ba.................             9.6             3.6             8.0
    Not Rated...............            31.0            32.7            17.9
    ------------------------------------------------------------------------
    * Distributions do not sum to 100 percent due to a residual category of 
      missing data.                                                         
    Notes:                                                                  
    (1) Aggregate issues from Aaa-A have remained fairly constant since     
      1980.                                                                 
    (2) Issue amounts in the highest quality band have become substantially 
      higher since inception of the prospective payment system.             
    (3) Both issue amounts in the Aaa-Aa3 ranges and those in the Aa-A      
      ranges are greater in 1993 than at any time since 1980.               
    
    
    [[Page 45823]]
    
        Relative vintage interest weights derived from our procedure are 
    shown in Table 1. When combined with index levels (base year FY 1987) 
    of annual, non-vintage weighted interest rate proxies, the relative 
    interest weights provide current year, vintage-weighted component index 
    levels for interest rates in the CIPI. The annual percentage change 
    between the non-vintage-weighted historical, annual interest index 
    levels are listed in Table 2. The annual percentage change between the 
    annual, vintage-weighted interest component index levels (base year FY 
    1987) are listed in Table 3. Thus, for example, the interest rate 
    component change of -2.5 percent in Table 3 for FY 1996 represents the 
    annual percentage change between the 1995 and 1996 vintage-weighted 
    interest component index levels. The 1996 interest component index 
    level (base year FY 1987) is computed as the vintage-weighted average 
    of the previous 22 years in the interest rate proxy index level 
    (Combined Muni/AAA) in Table 2, weighted by the interest weights listed 
    in Table 1. We use an index level for a combined municipal and AAA 
    commercial bond interest rate (percent changes shown in Table 2 as 
    Combined Muni/AAA), giving the municipal rate an 85 percent weight and 
    the AAA rate a 15 percent weight, reflecting the relative hospital 
    debts of the government/non-profit hospital sector and the for-profit 
    sector.
        Although Medicare cost reports show that only 60 percent of current 
    hospital debt is in the form of notes or bonds (about 40 percent is in 
    the form of mortgages), we assumed that the relative annual weights for 
    all debt and the relative annual changes in interest rates for all debt 
    were the same as bond-related weights and price changes. We are still 
    searching for an appropriate source of information on hospital 
    commercial mortgage data. We do not expect that the discovery of such 
    data will materially alter our current conclusions about trends in 
    effective interest rates over time.
        c. Projection of the CIPI for Fiscal Year 1996. DRI projects a 1.5 
    percent increase in the CIPI for FY 1996 (Table 3). This is the outcome 
    of a 2.8 percent increase in projected weighted depreciation prices in 
    FY 1996, partially offset by a 2.5 percent decline in vintage-weighted 
    interest rates in FY 1996.
        d. ProPAC Input Price Index. 
        i. Introduction. Three major differences distinguish ProPAC's CIPI 
    from HCFA's CIPI:
         The ProPAC CIPI measures changes in capital asset purchase 
    prices in the year the asset is purchased (that is, not vintage-
    weighted). HCFA's CIPI is designed to measure changes in a vintage-
    weighted composite of capital asset purchase prices.
         The ProPAC CIPI uses the Marshall and Swift hospital 
    equipment index as the movable equipment purchase price proxy while 
    HCFA uses the Producer Price Index for machinery and equipment.
         The ProPAC CIPI has no interest component. ProPAC treats 
    interest rate changes as an optional separate update policy adjustment 
    factor.
        Through 1996, for example, ProPAC expects that long term interest 
    rates will remain relatively stable and, therefore, believes that it is 
    not appropriate to adjust capital input prices for forecasted changes 
    in interest rates in the target year.
        HCFA incorporates a vintage-weighted composite of interest rates in 
    its CIPI for the target year.
        ii. Depreciation. ProPAC states that its CIPI is analogous to the 
    prospective payment operating price index. We disagree. The components 
    of the operating index represent price changes in ongoing hospital 
    expenses for labor and non-capital goods and services. The analogous 
    capital expenses in this context are current depreciation costs, 
    interest costs, and other capital-related expenses (such as insurance). 
    Current depreciation and interest costs, according to HCFA, IRS, and 
    accounting principles, are a cumulative composite of segments of 
    expenses incurred in current and prior periods. Current interest costs 
    are a cumulative composite of segments of past and current year debt 
    costs. Since both depreciation and interest costs have a vintage 
    component, the price aspect of these costs must have a vintage 
    component as well. The HCFA CIPI attempts to capture these vintage 
    components.
        Differences between HCFA and ProPAC with respect to choices for 
    annual non-vintage-weighted rates of change in alternative price 
    proxies for movable equipment are small for much of the historical 
    period. (We illustrated this fact in Figure 8 (Inset) in the May 27, 
    1994 proposed rule (59 FR 27890), using earlier projections.) As noted 
    in our September 1, 1992 final rule, one basic criterion for accepting 
    price proxies is public availability of documentation on data sources 
    and methodology (57 FR 40018-40019). Despite repeated efforts, neither 
    we nor Data Resources Inc. have been able to obtain documentation on 
    the movable price proxy recommended by ProPAC (Marshall and Swift 
    hospital equipment index) that explains how it is derived and what 
    sampling frame and sampling error attach to the estimates. In the 
    absence of such information we cannot adopt the ProPAC alternative.
        HCFA's assumption is that prices for movable equipment purchased by 
    hospitals change at about the same rate as prices for machinery and 
    equipment generally. This assumption is justified in part by the fact 
    that not all movable equipment purchased by hospitals is medical 
    equipment; it stands to reason that the prices for non-medical movable 
    equipment purchased by hospitals, such as automobiles, desks, chairs, 
    etc., would change at about the same rate as prices for all machinery 
    and equipment. To examine this assumption further, we measured the rate 
    of change in the HCFA movable price proxy relative to prices for 
    medical equipment only by preparing a composite index of medical prices 
    from the Bureau of Labor Statistics Producer Price Index (PPI) for two 
    commodity categories--medical instruments/equipment and X-ray/electro-
    medical equipment. The two PPI commodity indexes were then merged using 
    their respective PPI weights. Price changes for this index are not 
    available for years prior to 1984. Annual price changes for medical 
    equipment follow the annual HCFA price proxy more closely than the 
    ProPAC price proxy for most of the historical period. We will continue 
    to monitor trends in these indexes to ensure that appropriate price 
    proxies are incorporated in the CIPI.
        iii. Interest. ProPAC has proposed to project annual interest rates 
    to future periods and then to decide whether to allow an add-on to the 
    Federal capital rate depending on the magnitude of the projection. 
    ProPAC has presented no objective criteria for determining when an 
    interest adjustment is appropriate. We previously noted that a single-
    year projection for interest rates is conceptually inappropriate since 
    interest costs must be vintage-weighted. In addition to this conceptual 
    problem, the ProPAC approach is impractical because future annual 
    interest rates are volatile, vulnerable to unpredictable market forces, 
    and subject to exogenous influences (such as Federal Reserve Board 
    decisions) that are difficult to anticipate. Thus, any projection of 
    future annual interest rates is likely to be inaccurate, resulting in 
    underpayment or overpayment of the Federal capital rate relative to the 
    capital-related expenses that the rate is supposed to reflect. The 
    resulting uncertainty in payments under future Federal capital rates 
    further complicates future capital expenditure decisions by hospitals. 
    On the other hand, the 
    
    [[Page 45824]]
    projected HCFA CIPI interest component for the target year is the 
    weighted average change over 22 years of interest rate history, of 
    which 20 years experience in the non-vintage weighted price proxy is 
    appropriately historical. The projected annual, non-vintage weighted 
    experience in the price proxy for the most recent 2 years may be as 
    inaccurate as any ProPAC projection, but any error will have minimal 
    effects on Federal rates due to the appropriately weighted effect of 
    the historical data in the HCFA CIPI. This stability in the interest 
    rate component of the HCFA CIPI provides hospital planners with a 
    degree of certainty about future Federal rate payments, other things 
    remaining equal.
        iv. The Composite CIPI. Annual percentage changes in the historical 
    and projected HCFA and ProPAC CIPIs differ markedly as shown in Table 
    5. The 2.9 percent increase for the ProPAC capital market basket in 
    Table 5 for FY 1996 is lower than the 4.1 percent increase presented in 
    ProPAC's March 1995 Report and Recommendation to the Congress. In the 
    ProPAC March report, ProPAC used the 4th quarter 1994 DRI forecasts, 
    while the figure in this final rule represents 2nd quarter 1995 DRI 
    forecasts. Between 4th quarter 1994 and 2nd quarter 1995, DRI revised 
    its forecast downward by 1.2 percentage points to reflect slower price 
    growth in 1996 than originally expected. A lower forecast for the 
    movable equipment price proxy (Marshall and Swift) was responsible for 
    roughly 60 percent of the 1.2 percentage point decline between 
    forecasts. The remaining 40 percent of the decline was the result of 
    lower forecasts in the fixed equipment price proxy (Boeckh) and the 
    other capital-related expenses price proxy (CPI-residential rent), 
    which accounted for roughly 23 percent and 12 percent, respectively. We 
    emphasize that the later forecast was not available when ProPAC 
    released its March report.
        The ProPAC CIPI is much more volatile than the HCFA CIPI in the 
    historical period through 1994 because it does not reflect vintage-
    weighted capital input price factors for depreciation. Further, the 
    ProPAC CIPI omits conceptually relevant interest rates. The cumulative 
    effect of declining interest rates for all debt instruments in recent 
    years has driven the rate of change in the HCFA vintage-weighted 
    interest rate component downward, a trend projected by DRI into future 
    rate years. The declining interest rate component appropriately brings 
    the HCFA CIPI below the ProPAC CIPI in the projection period. Other 
    things being equal, the ProPAC index would result in overpayment 
    through the Federal rate because anticipated actual capital-related 
    expenses will be less than ProPAC projects due to the effects of lower 
    interest rates on capital-related expenses.
    
     Table 5.--Annual Percent Changes in HCFA Capital Input Price Index and 
                 the ProPAC Capital Market Basket, 1979 to 2000             
    ------------------------------------------------------------------------
                                                            HCFA            
                                                           capital   ProPAC 
                         Fiscal year                        input    capital
                                                            price    market 
                                                            index    basket 
    ------------------------------------------------------------------------
    1979................................................       5.6       8.3
    1980................................................       7.1       9.2
    1981................................................       8.8      10.0
    1982................................................       9.3       7.7
    1983................................................       6.7       4.6
    1984................................................       6.3       3.9
    1985................................................       5.1       2.2
    1986................................................       3.7       1.7
    1987................................................       3.1       2.1
    1988................................................       3.0       3.5
    1989................................................       2.7       4.6
    1990................................................       2.4       2.3
    1991................................................       2.1       3.0
    1992................................................       1.7       2.2
    1993................................................       1.3       2.1
    1994................................................       1.3       2.8
    1995................................................       1.5       3.4
    1996................................................       1.5       2.9
    1997................................................       1.7       3.4
    1998................................................       1.9       3.3
    1999................................................       1.9       3.2
    2000................................................       1.9      3.4 
    ------------------------------------------------------------------------
    Source: DRI/McGraw-Hill HCC, 2nd Qtr 1995; @USSIM/TRENDLONG0595; @CISSIM/
      CONTROL952.                                                           
    Released By: HCFA, OACT, Office of National Health Statistics.          
    
        ProPAC believes that Medicare program payments should reflect both 
    savings from low interest rate levels on new debt instruments and the 
    additional costs of high interest rate levels. As explained above, the 
    Commission has proposed accomplishing this through an interest policy 
    adjustment. However, ProPAC has neither presented a threshold level for 
    making an interest adjustment nor established a process for determining 
    the amount of the adjustment. The HCFA CIPI, on the other hand, 
    automatically registers the price effects of interest rate changes on 
    new debt instruments that carry over into future periods, although 
    those effects are appropriately registered only very gradually.
        When interest rate levels decline, hospitals may refinance their 
    existing debt. Refinancing has a price effect as new debt instruments 
    with lower prices (interest rate levels) replace older debt instruments 
    with higher prices (interest rate levels). ProPAC believes its interest 
    policy adjustment can and should capture this behavior. In this way, 
    Medicare can share in the savings from refinancing. The HCFA CIPI does 
    not now automatically register the price effects of refinancing. 
    Whether to do so or not is a policy judgment concerning whether HCFA 
    should share in refinancing savings or allow hospitals to realize the 
    full effects of refinancing. A refinancing adjustment would not only 
    reflect actual hospital behavior, but would also add to the existing 
    incentives of a rate-based system for hospitals to replace high 
    interest debt instruments with lower interest debt instruments. 
    However, the absence of a refinancing adjustment could allow individual 
    hospitals to refinance and keep the savings, just as individual 
    hospitals who become relatively more efficient in furnishing care for 
    specific DRGs are rewarded for the more efficient behavior.
        Since refinancing is a price matter, the adjustment would 
    appropriately be on the price side of the framework, rather than on the 
    policy adjustment side, which deals with quantities. However, the 
    adjustment would not be included directly within the CIPI because the 
    price effect of refinancing involves a shift in the vintage weights 
    applied to index levels. That is, interest expense associated with 
    prices (interest rate levels) in the year the debt is originated would 
    be shifted to reflect interest expense associated with prices in the 
    year the debt is refinanced. This essentially would reduce the relative 
    vintage weights for interest in the CIPI (Table 1) in some years and 
    increase the relative vintage weights for interest in other years. Yet 
    by definition, the fixed-weight CIPI holds all weights constant. 
    However, a discretionary adjustment could be made on the relative 
    vintage weights. This is analogous to the separate adjustments for real 
    case-mix changes in the update framework.
        In the June 2, 1995 proposed rule we invited comments on whether to 
    incorporate a refinancing adjustment within the HCFA framework. A 
    refinancing adjustment would present specific problems because HCFA has 
    not been able to obtain data to accurately determine refinancing 
    amounts. Whether HCFA can ultimately propose a refinancing adjustment 
    depends upon whether the necessary data can be obtained.
        Comment: Two commenters stated that a proposed refinancing 
    adjustment is not necessary. One commenter indicated that hospitals 
    should be rewarded by keeping savings from 
    
    [[Page 45825]]
    efficient behavior such as refinancing high interest debt. The other 
    commenter indicated that it would not be proper for hospitals to be 
    penalized or rewarded based on a theoretical refinancing threshold that 
    would trigger an adjustment.
        Response: These comments are useful in analyzing the merits and 
    technical difficulties of including a refinancing adjustment in the 
    HCFA update framework. We are continuing to determine whether a 
    refinancing adjustment is appropriate, and, if so, how to implement 
    one. We will provide any additional findings in upcoming notices. We 
    encourage comments and suggestions, like those we have received, or 
    recommendations of any studies or data sources that would be useful in 
    assessing and/or implementing a refinancing adjustment.
    4. Case-Mix Adjustment and Adjustment for Forecast Error
        We proposed that the update framework contain adjustments for 
    changes in the case-mix index and for forecast error.
        The case-mix index (CMI) is the measure of the average DRG weight 
    for cases paid under the prospective payment system. Because the DRG 
    weight determines the prospective payment for each case, any percentage 
    increase in the CMI corresponds to an equal percentage increase in 
    hospital payments.
        The CMI can change for any of several reasons: because the average 
    resource use of Medicare patients changes (``real'' case-mix change); 
    because changes in hospital coding of patient records result in higher 
    weight DRG assignments (``coding effects''); and because the annual DRG 
    reclassification and recalibration changes may not be budget neutral 
    (``reclassification effect''). We define real case-mix change as actual 
    changes in the mix (and resource requirements) of Medicare patients as 
    opposed to changes in coding behavior that result in assignment of 
    cases to higher-weighted DRGs but do not reflect higher resource 
    requirements. In the update framework for the prospective payment 
    system for operating costs, we adjust the update upwards to allow for 
    real case-mix change, but remove the effects of coding changes on the 
    CMI. We also remove the effect on total payments of prior changes to 
    the DRG classifications and relative weights, in order to retain budget 
    neutrality for all CMI-related changes other than patient severity. 
    (For example, we adjusted for the effects of the FY 1992 DRG 
    reclassification and recalibration as part of our FY 1994 update 
    recommendation.) The operating adjustment consists of a reduction for 
    total observed case-mix change, an increase for the portion of case-mix 
    change that we determine is due to real case-mix change rather than 
    coding modifications, and an adjustment for the effect of prior DRG 
    reclassification and recalibration changes. We proposed to adopt this 
    CMI adjustment as well in the capital update framework.
        For FY 1996, we are projecting a 0.8 percent increase in the case-
    mix index. We estimate that real case-mix increase will equal projected 
    case-mix increase in FY 1996. We do not anticipate any changes in 
    coding behavior in our projected case-mix change. The proposed net 
    adjustment for case-mix change in FY 1996 is therefore 0.0 percentage 
    points.
        The -1.0 percent figure used in the ProPAC framework represents 
    ProPAC's projection for observed case-mix change. ProPAC projects a 0.8 
    percent increase in real case-mix change across DRGs and a 0.2 percent 
    increase in within-DRG complexity. ProPAC's net adjustment for case mix 
    is therefore zero.
        We estimate that FY 1994 DRG reclassification and recalibration 
    resulted in a 0.3 percent increase in the case mix when compared with 
    the case-mix index that would have resulted if we had not made the 
    reclassification and recalibration changes to the DRGs. ProPAC does not 
    make an adjustment for DRG reclassification and recalibration in its 
    update recommendation.
        The current operating update framework contains an adjustment for 
    forecast error. The input price index forecast is based on historical 
    trends and relationships ascertainable at the time the update factor is 
    established for the following year. In any given year there can be 
    unanticipated price fluctuations that can result in differences between 
    the actual increase in prices faced by hospitals and the forecast used 
    in calculating the update factors. We continue to believe that the 
    capital update framework should include a forecast error adjustment 
    factor. In setting a prospective payment rate under the proposed 
    framework, we proposed to make an adjustment for forecast error only if 
    our estimate of the capital input price index rate of increase for any 
    year is off by 0.25 percentage points or more. There is a 2-year lag 
    between the forecast and the measurement of the forecast error. Thus, 
    for example, we would adjust for a forecast error made in FY 1996 
    through an adjustment to the FY 1998 update.
        We received no comments on our proposed adjustments for case-mix 
    increase and for forecast error. In this final rule, we are therefore 
    adopting those adjustments as proposed.
    5. Policy Adjustment Factors
        The capital input price index measures the pure price changes 
    associated with changes in capital-related costs (prices  x  
    ``quantities''). The composition of capital-related costs is maintained 
    at base-year 1987 proportions in the capital input price index. We 
    proposed to address appropriate changes in the amount and composition 
    of capital stock through the policy adjustment factors.
        The current update framework for the prospective payment system for 
    operating costs includes factors designed to adjust the input price 
    index rate of increase for policy considerations. Under the revised 
    operating framework, we adjust for service productivity (the efficiency 
    with which providers produce individual services such as laboratory 
    tests and diagnostic procedures) and intensity (the amount of services 
    used to produce a discharge). The service productivity factor for the 
    operating update framework reflects a forward-looking adjustment for 
    the changes that hospitals can be expected to make in service-level 
    productivity during the year. A hospital retains any productivity 
    increases above the average.
        The intensity factor for the operating update framework reflects 
    how hospital services are utilized to produce the final product, that 
    is, the discharge. This component accounts for changes in the use of 
    quality-enhancing services, changes in within-DRG severity, and 
    expected modification of practice patterns to remove cost-ineffective 
    services. We proposed that the intensity adjustment factor in the 
    operating framework be adopted in the capital update framework. Under 
    the operating update framework, we calculate case-mix constant 
    intensity as the change in total charges per admission, adjusted for 
    price level changes (the CPI hospital component) and changes in real 
    case mix. The use of total charges in the calculation of the proposed 
    intensity factor makes it a total intensity factor, that is, charges 
    for capital services are already built into the calculation of the 
    factor. We therefore proposed to incorporate the intensity adjustment 
    from the operating update framework into the capital update framework. 
    In the absence of reliable estimates of the proportions of the overall 
    annual intensity increases that are due, respectively, to ineffective 
    practice 
    
    [[Page 45826]]
    patterns and to the combination of quality-enhancing new technologies 
    and within-DRG complexity, we proposed to assume, as in the revised 
    operating update framework, that one-half of the annual increase is due 
    to each of these factors. The proposed capital update framework would 
    thus provide an add-on to the input price index rate of increase of 
    one-half of the estimated annual increase in intensity to allow for 
    within-DRG severity increases and the adoption of quality-enhancing 
    technology.
        Comment: Several commenters objected that we derive the estimate of 
    allowable intensity as a function of observed intensity, so that any 
    level of intensity is presumptively 100 percent too high.
        Response: Our analysis does derive allowable intensity from 
    observed intensity. However, we do not believe that doing so involves 
    an assumption that any level of intensity increase is 100 percent too 
    high. In our analysis, and in determining the level of the intensity 
    adjustment in the framework, we assume that half of observed intensity 
    is due to the combination of quality-enhancing new technology and 
    within-DRG complexity, and half to ineffective practice patterns. We 
    adopted this assumption in the absence of any estimates of the 
    comparative contributions of those factors to the observed level of 
    intensity increases. Under such circumstances, we believe the 
    assumption that half of observed intensity is allowable to be 
    reasonable because it minimizes error.
        We have decided to adopt the intensity measure as proposed. For FY 
    1996, we have developed a Medicare-specific intensity measure based on 
    a 5-year average using FY 1990-1994. In determining case-mix constant 
    intensity, we found that observed case-mix increase was 2.2 percent in 
    FY 1990, 2.8 percent in FY 1991, 1.5 percent in FY 1992, 0.8 percent in 
    FY 1993, and 0.8 percent in FY 1994. For FY 1990 through FY 1992, we 
    estimate that 1.0 to 1.4 percent of the case-mix increase was real. 
    (This estimate is supported by past studies of case-mix change by the 
    RAND Corporation. The most recent study was ``Has DRG Creep Crept Up? 
    Decomposing the Case Mix Index Change Between 1987 and 1988'' by G.M. 
    Carter, J.P. Newhouse, and D.A. Relles, R-4098-HCFA/ProPAC (1991). The 
    study suggested that real case-mix change was not dependent on total 
    change, but was rather a fairly steady 1.0 to 1.5 percent per year. We 
    use 1.4 percent as the upper bound because the RAND study did not take 
    into account that hospitals may have induced doctors to document 
    medical records more completely in order to improve payment.) We 
    assumed that all of the observed case-mix increase of 0.9 percent for 
    FY 1993 and 0.8 percent for FY 1994 was real. (This assumption is 
    consistent with the FY 1996 CMI projections described above.) If we 
    assume that real case-mix increase was 1.0 percent per year during FY 
    1990 through FY 1992 (but 0.9 percent in FY 1993 and 0.8 percent in FY 
    1994), case-mix constant intensity declined by an average 1.2 percent 
    during FY 1990 through FY 1994, for a cumulative decrease of 6.1 
    percent. If we assume that real case-mix increase was 1.4 percent per 
    year during FY 1990 through FY 1992 (but 0.9 percent in FY 1993 and 0.8 
    percent in FY 1994), case-mix constant intensity declined by an average 
    1.5 percent during FY 1990 through FY 1994, for a cumulative decrease 
    of 7.2 percent. Since we estimate that intensity has declined during 
    the FY 1990-1994 period, the intensity adjustment for FY 1996 is 0.0 
    percent.
        In our discussion of a possible efficiency adjustment, we suggested 
    that such an adjustment should take into account two considerations. 
    One is that capital inputs, unlike operating inputs, are generally 
    fixed in the short run. The productivity target in the revised 
    operating framework operates on a short-term, year-to-year basis. 
    Targets for capital efficiency and cost-effectiveness, however, must 
    operate on a longer term basis. The other consideration is that, prior 
    to the adoption of the capital prospective payment system, Medicare 
    payment policy for capital-related costs, as well as the policies of 
    other payers, did not provide sufficient incentives for efficient and 
    cost-effective capital spending. Economic theory suggests that an 
    industry with a guaranteed return on capital (such as the hospital 
    industry prior to prospective payment for capital-related costs) would 
    have a tendency to be overly capitalized relative to more competitive 
    industries. This is because the incentive for firms in such an industry 
    is to compete on the basis of more capital-intensive production 
    processes than firms in other industries. As a result, capital costs 
    per case, and therefore base year prospective capital rates, may be 
    higher than would have been consistent with capital acquisition policy 
    in more efficiency-oriented markets. A guiding principle in devising an 
    efficiency adjustment is therefore that Medicare capital prospective 
    payment rates should not provide for maintenance of capital in excess 
    of the level that would be produced in an efficiency-oriented 
    competitive market.
        To examine this issue, we analyzed the change in actual Medicare 
    capital cost per case for FY 1986 through FY 1992 in relation to the 
    change in the capital input price index (which accounts for change in 
    the input prices for capital-related costs), and the other adjustment 
    factors that we were then proposing to include in the framework. (The 
    other adjustment factors are the increase in real case mix and the 
    increase in intensity due to quality-enhancing technological change and 
    within-DRG complexity.) We found rates of increase in actual spending 
    per case that exceeded the rate of increase attributable to inflation 
    in capital input prices, quality-enhancing intensity increases, and 
    real case-mix growth.
        Our analysis was designed to examine whether hospitals had in fact 
    responded to the incentives of the cost-based payment system for 
    capital by expanding beyond what was necessary for efficient and cost-
    effective delivery of services. The analysis confirmed that volume and 
    intensity of capital acquisition far outpaced the increase in capital 
    input prices during the years between the implementation of the 
    prospective payment system for operating costs and the introduction of 
    the capital prospective payment system. Even accounting for real CMI 
    increases and increases in intensity attributable to cost-increasing 
    but quality-enhancing new technologies, there remains a large excess of 
    capital-related spending.
        The following table shows the results of our most recent analysis, 
    based on the most current data available and the most recent 
    projections. Differences between this table and the tables in previous 
    discussions in the Federal Register reflect updated figures for average 
    capital cost per case increases, based on the most recent data and 
    projections, and our revised CIPI. This analysis encompasses all but 1 
    year of the period from the implementation of the prospective payment 
    system for operating costs to the implementation of the prospective 
    payment system for capital costs. (For FY 1984, sufficient data is not 
    available to compute capital cost per case increases and intensity 
    increases.) The results of the analysis in Table 6 are substantially 
    similar to the results of previous analyses. In Table 6, real case-mix 
    increase is assumed to be 1.0 percent annually.
    
                                                                            
    
    [[Page 45827]]
         Table 6.--Cumulative Percentage Change in Capital-Related Cost per Case Due to Inflation, Real CMI, and    
                                                  Intensity, 1985-1992                                              
    ----------------------------------------------------------------------------------------------------------------
                                                                                              Percent               
                    Year                  CIPI \1\    Real CMI     Allowable    Resulting   change cost/   Residual 
                                                         \2\       intensity     increase     case \5\       \6\    
    ------------------------------------------------------------------\3\----------\4\------------------------------
    1985...............................         5.1         1.0           3.7         10.1         12.5          2.2
    1986...............................         3.7         1.0           2.1          6.9         19.9         12.2
    1987...............................         3.1         1.0           2.5          6.7         14.9          7.6
    1988...............................         3.0         1.0           1.5          5.5          7.1          1.5
    1989...............................         2.7         1.0           0.5          4.3          7.8          3.4
    1990...............................         2.4         1.0           0.2          3.6          6.9          3.1
    1991...............................         2.1         1.0           0.1          3.2          5.5          2.3
    1992...............................         1.7         1.0           0.1          2.8          4.6          1.8
    Cumulative (compounded)............  ..........  ..........  ............         52.0        111.3        39.0 
    ----------------------------------------------------------------------------------------------------------------
    \1\ Figures from Table 1, section V.A.3 of this preamble.                                                       
    \2\ Assuming that real CMI increase is 1.0 percent annually.                                                    
    \3\ One half of observed intensity increase, as determined by the joint operating/capital intensity measure.    
    \4\ The increase attributable to inflation, real CMI, and allowable intensity, calculated as the product of the 
      rates of increase of those factors (that is, 1.031  x  1.01  x  1.025 = 1.067 for 1987).                      
    \5\ Figures supplied by HCFA's Office of the Actuary.                                                           
    \6\ The actual increase in average cost per case divided by the increase attributable to inflation, real CMI,   
      and allowable intensity (that is, 1.149 /1.067 = 1.076, a 7.6 percent residual for 1987).                     
    
    
        We believe that an adjustment for capital efficiency and cost-
    effectiveness should take into account the efficiency and effectiveness 
    of the capital resources present in the base year for the capital 
    prospective payment system. We do not believe that Medicare capital 
    payment rates should provide for maintenance of capital in excess of 
    the level that would be produced in an efficiency-oriented competitive 
    market. A capital efficiency adjustment should be designed to give 
    hospitals an incentive to reduce inefficiency and ineffectiveness in 
    capital resources. The analysis in Table 6 suggests that, in order to 
    restore the Federal rate to the level at which it would have been if 
    capital costs had not been excessive in the years before the 
    implementation of capital prospective payment, a cumulative reduction 
    in the rate of as much as 28.1 percent (1.52/2.113=0.7194, or -28.1 
    percent) would be necessary.
        We stated in the proposed rule that we were considering a range of 
    options for such an efficiency adjustment. In particular, we have 
    considered whether to provide, in the design of such an adjustment, for 
    eventually reducing the rate by the entire 28.1 percent suggested by 
    the above analysis. Alternatively, the eventual reduction to the rate 
    could reflect some part, but not all, of the excess of actual capital 
    cost increases over the identified factors. We have also considered the 
    appropriate rate at which an adjustment based on the above analysis 
    should be applied to the update factors. On the assumption that the 
    updates to the rate should be reduced by the full 28.1 percent, such an 
    adjustment could be accomplished over a shorter or longer period of 
    time. For example, HCFA could adjust the updates to the rate over a 
    period of 20 years at the rate of 1.4 percent per year. Similarly, the 
    adjustment could be made over 5 years at the rate of 5.6 percent per 
    year.
        We proposed that HCFA have the discretion to apply an efficiency 
    adjustment to the capital input price rate of change in determining the 
    annual update factor. We invited comment on the advisability of such an 
    adjustment, on the proportion of the residual that should be employed 
    in adjustments to the update, and on the rate at which such an 
    adjustment should be applied. We also solicited information on possible 
    sources of data that would be useful in developing or refining such an 
    adjustment, and on the possible effects of such an adjustment on 
    various segments of the hospital industry.
        Comment: Many commenters objected to a possible efficiency 
    adjustment. Several commenters asserted that such an adjustment would 
    be punitive because it would inappropriately punish hospitals for 
    behavior in response to the incentives of the cost-based system. One of 
    those commenters recommended that HCFA adopt positive incentives to 
    motivate future behavior rather than an adjustment based on past 
    behavior.
        Response: We do not believe that an efficiency adjustment based on 
    the analysis we have presented would necessarily be punitive. Hospitals 
    received reasonable cost payments based on the costs we examined during 
    the period just prior to the introduction of prospective payment for 
    capital. We believe that the capital rates should not permanently 
    reflect a level of cost in excess of an efficient use of capital 
    inputs. However, we also believe that an adjustment to return the rates 
    to a level reflecting greater efficiency in capital resources should 
    not necessarily involve a drastic and precipitous reduction of the 
    rates. We note for example, that with the expiration in FY 1996 of the 
    requirement that capital prospective payments equal 90 percent of what 
    would have been payable on a reasonable cost basis, the Federal rate is 
    projected to increase by 22.59 percent. Thus, a substantial efficiency 
    adjustment could be made without a net reduction in the Federal rate.
        Comment: One commenter objected that the assumptions behind the 
    analysis were not identified. Other commenters argued the analysis 
    behind the proposed adjustment did not sufficiently account for the 
    costs of quality improvements and other factors such as the need for 
    design changes and features that attract patients. Several commenters 
    objected that the analysis provided no empirical evidence that 
    inefficiency accounts for capital expenses in excess of the expected 
    levels.
        Response: We attempted to explain all the assumptions behind our 
    analysis. The basic assumption, which derives from economic theory, is 
    simply that cost-based payment for capital, or any input, provides an 
    incentive for the use of inefficiently high levels of that input. We 
    also presented the available empirical data concerning capital cost per 
    case increases during the period prior to the introduction of 
    prospective payment for capital. The result of comparing actual capital 
    cost increases during that period with the identifiable factors that 
    contribute to cost increases, is consistent with that assumption: Cost 
    
    [[Page 45828]]
    increases exceeded the level that can be accounted for on the basis of 
    price increases, intensity increases, and case-mix increases. We 
    believe the factors that we have identified already account for quality 
    increases, design changes, and the other factors mentioned by 
    commenters. Our intensity measure, for example, accounts for any factor 
    that affects the level of hospital charges. Presumably, hospitals 
    account for the costs, including quality improvements and design 
    changes to attract patients, that they face when they set the level of 
    charges. As we discuss below, a large residual remains even when we 
    allow for all the measured intensity changes during the period we 
    examined. We believe that this analysis is certainly suggestive of a 
    significant measure of inefficiency in capital costs in the pre-
    prospective payment period.
        Comment: Several commenters from states with certificate of need 
    (CON) requirements argued that those requirements prevent inefficient 
    capital purchases.
        Response: Our analysis was based on national figures, and it did 
    not consider regional differences, such as the existence of CON 
    requirements in various States, since we are evaluating an efficiency 
    adjustment in the Federal rate.
        Comment: Several commenters objected that rate reductions of the 
    size contemplated in the discussion of a possible efficiency adjustment 
    would jeopardize the ability of many hospitals to meet obligations 
    entered under the existing rate levels. One commenter objected that the 
    proposed 27.7 percent reduction in capital payments would have a 
    devastating impact on hospitals.
        Response: We did not suggest that capital payments would be reduced 
    by 27.7 percent. Our proposal, in fact, called for a 20.5 percent 
    increase in payments in FY 1996 compared to FY 1995. We did suggest 
    that the rate of increase in the rates, and hence in payments, might 
    appropriately be reduced by an adjustment to account for inefficiency 
    in the level of costs on which the rates were based.
        Comment: One commenter contended that the prospective payment 
    system already has sufficient measures to promote efficiency and 
    restrain the growth in capital expenditure.
        Response: We agree that there are substantial incentives under the 
    capital prospective payment system to promote efficiency and to 
    restrain the growth of capital expenditures. However, the existence of 
    these incentives does not resolve the problem that motivated our 
    discussion of a possible efficiency adjustment. That problem is that 
    the level of the capital prospective rates may reflect an inefficiently 
    high level of capital costs. We do believe that the rates should not 
    permanently reflect a level of capital costs in excess of an efficient 
    use of capital inputs.
        Comment: Several commenters objected that the estimate of 
    inefficiency partially derives ``efficient'' capital growth due to 
    allowable intensity as a function of observed intensity, so that any 
    level of intensity is presumptively 100 percent too high.
        Response: Our analysis does derive allowable intensity from 
    observed intensity. However, we do not believe that doing so involves 
    an assumption that any level of intensity increase is 100 percent too 
    high. In our analysis, and in determining the level of the intensity 
    adjustment in the framework, we assume that half of observed intensity 
    is due to the combination of quality-enhancing new technology and 
    within-DRG complexity, and half to ineffective practice patterns. We 
    adopted this assumption in the absence of any estimates of the 
    comparative contributions of those factors to the observed level 
    intensity increases. This assumption does not undermine the validity of 
    our analysis of capital cost increases before the introduction of the 
    capital prospective payment system. On the contrary, varying our 
    assumption about the level of allowable intensity increases yields 
    substantially the same result. If we allow 100 percent of observed 
    intensity increases, there remains a residual of 25.7 percent, as the 
    following table shows:
    
         Table 7.--Cumulative Percentage Change in Capital-Related Cost per Case Due to Inflation, Real CMI, and    
                                                  Intensity, 1985-1992                                              
    ----------------------------------------------------------------------------------------------------------------
                                                                                              Percent               
                    Year                  CIPI \1\    Real CMI     Allowable    Resulting   change cost/   Residual 
                                                         \2\       intensity     increase     case \5\       \6\    
    ------------------------------------------------------------------\3\----------\4\------------------------------
    1985...............................         5.1         1.0           7.4         14.0         12.5         -1.3
    1986...............................         3.7         1.0           4.1          9.0         19.9         10.0
    1987...............................         3.1         1.0           5.0          9.3         14.9          5.1
    1988...............................         3.0         1.0           2.9          7.0          7.1          0.1
    1989...............................         2.7         1.0           1.0          4.8          7.8          2.9
    1990...............................         2.4         1.0           0.4          3.8          6.9          2.9
    1991...............................         2.1         1.0           0.1          3.2          5.5          2.3
    1992...............................         1.7         1.0           0.2          2.9          4.6          1.7
    Cumulative (compounded)............  ..........  ..........  ............         68.0        111.3        25.7 
    ----------------------------------------------------------------------------------------------------------------
    \1\ Figures from Table 1, section V.A.3 of this preamble.                                                       
    \2\ Assuming that real CMI increase is 1.0 percent annually.                                                    
    \3\ Total observed intensity increase, as determined by the joint operating/capital intensity measure.          
    \4\ The increase attributable to inflation, real CMI, and allowable intensity, calculated as the product of the 
      rates of increase of those factors (that is, 1.031  x  1.01  x  1.05 = 1.093 for 1987).                       
    \5\ Figures supplied by HCFA's Office of the Actuary.                                                           
    \6\ The actual increase in average cost per case divided by the increase attributable to inflation, real CMI,   
      and allowable intensity (that is, 1.149/1.093 = 1.051, a 5.1 percent residual for 1987).                      
    
        Therefore, even under the assumption that all intensity increases 
    are allowable, this analysis suggests that, in order to restore the 
    Federal rate to the level at which it would have been if capital costs 
    had not been excessive in the years before the implementation of 
    capital prospective payment, a cumulative reduction in the rate of as 
    much as 20.5 percent (1.68/2.113=0.7951, or -20.5 percent) would be 
    necessary.
        Comment: One commenter denied that cost-based payment for capital 
    would influence the decision to purchase capital assets. According to 
    the commenter, the decision to add capital resources is driven 
    primarily by patient care needs, and not by the availability of 
    additional reimbursement. At the same time, the 
    
    [[Page 45829]]
    commenter asserted that low payment rates for capital often force 
    hospitals to defer needed capital investments.
        Response: The commenter's assertion that cost-based payment would 
    not influence the decision to purchase capital assets is inconsistent 
    with widely accepted economic theory. Several other commenters, in 
    fact, agreed that economic theory does suggest incentives for overuse 
    of capital under cost-based reimbursement.
        Comment: Several commenters agreed that economic theory would 
    suggest incentives for the overuse of capital during a period in which 
    capital was paid on a cost basis while operating costs were paid on the 
    basis of a prospective rate. However, the commenters contended that 
    economic theory would also suggest that, if hospitals overpurchased 
    capital, they conversely had to underemploy operating inputs. As a 
    result, the commenters believe that reductions to the capital Federal 
    rate to account for the inefficient overuse of capital should be 
    matched by increases in the operating rates to account for inefficient 
    underutilization of operating inputs.
        Response: We agree with the commenters that the conjunction of 
    rate-based payment for operating costs and cost-based payment for 
    capital encouraged hospitals to substitute capital inputs for labor and 
    other operating inputs. However, we do not agree that an inefficiently 
    high level of capital inputs under those conditions necessarily implies 
    an inefficiently low level of operating inputs. Rather, the conjunction 
    of rate-based payment for operating costs and cost-based payment for 
    capital could also lead to the substitution of inefficient capital 
    inputs for inefficient operating inputs. Indeed, our previous analysis 
    of efficient operating costs for hospitals during FY 1985 through FY 
    1991 (57 FR 40014), indicates that operating prospective payments 
    during that period were sufficient for the efficient and cost-effective 
    delivery of quality care. In conjunction with the analysis of capital 
    spending during FY 1985 to FY 1992, these results suggest that 
    hospitals may indeed have responded to the existing incentives by 
    substituting an inefficiently high level of capital inputs for 
    inefficient operating inputs. Under these circumstances, it would not 
    be appropriate to increase operating rates in conjunction with a 
    decrease in capital rates. Decreased capital rates, along with the 
    existing level of operating rates, would provide the appropriate 
    incentives for hospitals to achieve efficient levels of both capital 
    and operating inputs.
        Comment: One commenter objected that it is inappropriate to 
    evaluate hospital behavior during a period of cost-based reimbursement 
    for capital on the basis of standards characteristic of a more 
    efficiency-oriented market system. Prior to the capital prospective 
    payment system, hospitals operated within a system that did not reward 
    efficiency. Providers should not be penalized by reducing future rates 
    to account for their response to poor incentives in the past.
        Response: We understand the commenter's concern about the use of a 
    retrospective standard. At the same time, we do not believe that the 
    Medicare program should necessarily base payments permanently on rates 
    that reflect a known level of inefficiency in the use of capital 
    inputs. We believe a solution that is fair both to hospitals and to the 
    Medicare program can be found within the available range of options. As 
    we have stated, an efficiency adjustment need not remove all the 
    identified residual from the rates, nor need it do so precipitously.
        Comment: One commenter argued that, since capital expenditures are 
    associated with binding legal contracts that fix payments for capital 
    assets, hospitals would actually be forced to reduce costs in areas 
    other than capital in response to reductions in capital rates. The 
    result, according to the commenter, would not be capital efficiency, 
    but inefficiently low levels of spending in other areas. In addition, 
    the commenter contended that rate reductions would result in 
    inefficiencies on the capital side as hospitals delayed needed capital 
    improvements.
        Response: Implementation of an inefficiency adjustment would not 
    necessarily produce an actual decrease in Medicare payments for 
    capital. Rather, an efficiency adjustment could be implemented 
    gradually so that the rate of increase in the rates and payments is 
    reduced. Under those circumstances, the consequences that the commenter 
    describes would not arise.
        Comment: Several commenters suggested that the excess of actual 
    capital costs over the levels accounted for in our analysis may be the 
    result of substitution of debt financing for equity. Such substitution 
    may have occurred as a response to negative margins under the 
    prospective payment system. Debt financing may have increased capital 
    costs, and the commenters urged that we test this possibility 
    empirically.
        Response: Cost report data (along with data from other sources) 
    suggest that hospitals steadily have financed approximately 80 percent 
    of their capital acquisitions by debt, and the remaining 20 percent by 
    equity. We have seen no evidence that these proportions have been 
    changing in recent years. We will continue to monitor the data, 
    however.
        Comment: ProPAC expressed concern about implementing a retroactive 
    standard of efficient capital spending, and about the absence of a 
    widely accepted definition of hospital efficiency.
        Response: We recognize that there is not a widely accepted 
    definition of hospital efficiency. However, we believe that the 
    analysis we have presented suggests a significant measure of 
    inefficiency in capital costs in the pre-prospective payment period. 
    Nevertheless, we have decided not to implement an efficiency adjustment 
    at this time. We will, however, continue to study the issue and attempt 
    to refine the analysis we have presented. We continue to believe that 
    an adjustment for capital efficiency, parallel to the productivity 
    adjustment employed in the operating framework, would be an appropriate 
    feature of the capital framework.
    6. FY 1996 Update Factor
        Table 8 summarizes HCFA's FY 1996 update factor under the framework 
    adopted in this final rule, in comparison with the recommendation of 
    ProPAC.
        In its March 1995 report to Congress ProPAC recommended a 4.1 
    percent update for FY 1996. Based on more recent projections, ProPAC's 
    recommended update would be 2.9 percent. On the basis of the 
    projections and data available for this final rule, HCFA's update is 
    1.2 percent. As Table 5 shows, the different update methodologies 
    adopted by ProPAC and HCFA, respectively, can be expected to result in 
    higher ProPAC update recommendations during some years, and higher HCFA 
    update recommendations during other years.
    
                                                                                                                    
    
    [[Page 45830]]
       Table 8.--HCFA's FY 1996 Update Factor and ProPAC's Recommendations  
    ------------------------------------------------------------------------
                                           HCFA update           ProPAC     
                                              factor         recommendation 
    ------------------------------------------------------------------------
    Capital input price index.........                1.5                2.9
    Policy adjustment factors:                                              
        Productivity..................  .................              (\1\)
        Efficiency....................              (\2\)  .................
    Intensity:........................                0.0  .................
        Science and technology........  .................              (\1\)
        Intensity.....................  .................              (\3\)
        Real within DRG change........  .................              (\4\)
                                       -------------------------------------
            Subtotal..................                0.0                0.0
    Case mix adjustment factors:                                            
        Projected case Mix change.....               -0.8               -1.0
        Real across DRG change........                0.8                0.8
        Real within DRG change........              (\5\)                0.2
                                       -------------------------------------
            Subtotal..................                0.0                0.0
    Effect of FY 1994 reclassification                                      
     and recalibration................               -0.3  .................
    Forecast error correction.........                0.0                0.0
                                       -------------------------------------
            Total update..............                1.2                2.9
    ------------------------------------------------------------------------
    \1\ Adjustments for scientific and technological advance and            
      productivity offset each other. No specific values were recommended.  
    \2\ Efficiency adjustment may be adopted after public comment.          
    \3\ Included in ProPAC's Productivity Measure.                          
    \4\ Included in ProPAC's Case Mix Adjustment.                           
    \5\ Included in HCFA'S Intensity Factor.                                
    
    
    7. Possible Adjustments to the Federal Rate and the Hospital-Specific 
    Rates
        In the June 2, 1995 proposed rule, we discussed the effects of the 
    expiration of the statutory budget neutrality provision on rates and 
    aggregate payments under the capital-prospective payment system. Under 
    that provision, we set the capital-prospective payment system rates 
    during FY 1992 through FY 1995 so that payments would equal 90 percent 
    of estimated Medicare payments that would have been made on a 
    reasonable cost basis for the fiscal year. As a result of the 
    provision's expiration, both the capital-prospective payment system 
    rates and payments under the transition system will increase 
    significantly. The proposed FY 1996 Federal rate was 21.3 percent 
    higher than the FY 1995 Federal rate. We estimated that payments under 
    the proposed rule would increase by 20.45 percent in FY 1996 compared 
    to FY 1995, and that FY 1996 payments would exceed projected FY 1996 
    Medicare hospital inpatient capital costs by 4.52 percent.
        In the proposed rule, we presented a discussion of possible 
    revisions to the capital-prospective payment rates that would moderate 
    these substantial increases in payments. These revisions could be made 
    in conjunction with, or in place of, an update framework adjustment to 
    account for possible inefficiency in capital spending prior to the 
    capital-prospective payment system base period. While these possible 
    revisions to the rate are not, strictly speaking, elements of the 
    update framework, we presented them within the context of the proposed 
    update framework in order to allow commenters the opportunity to 
    consider all the possible rate revisions that might affect the future 
    levels of rates and payments. We solicited comment on whether to make 
    any of the possible revisions that we discussed. We expressed our 
    belief that reductions in Medicare spending should be addressed in the 
    context of health care reform.
        Under Sec. 412.308 of the regulations, HCFA determined the standard 
    Federal rate, which is used to determine the Federal rate for each 
    fiscal year, on the basis of an estimate of the FY 1992 national 
    average Medicare capital cost per discharge. The FY 1992 national 
    average Medicare capital cost per discharge was estimated by updating 
    the FY 1989 national average Medicare capital cost per discharge by the 
    estimated increase in Medicare inpatient capital cost per discharge. As 
    we discussed in the August 30, 1991 capital prospective payment system 
    final rule (56 FR 43366-43384), HCFA used the July 1991 update of HCRIS 
    data to estimate an FY 1989 national average Medicare cost per case of 
    $527.22. HCFA then updated that amount to FY 1992 by using an actuarial 
    projection of a 31.3 percent increase in Medicare capital cost per 
    discharge from FY 1989 to FY 1992. The standard Federal rate was thus 
    based on an estimated FY 1992 national average Medicare capital cost 
    per discharge of $692.24 (before the application of a transfer 
    adjustment and a payment parameter adjustment).
        Section 13501(a)(3) of Public Law 103-66 amended section 
    1886(g)(1)(A) of the Social Security Act to require that, for 
    discharges occurring after September 30, 1993, the unadjusted standard 
    Federal rate be reduced by 7.4 percent. As we discussed in the 
    September 1, 1993 final rule for FY 1994 (58 FR 46316), the purpose of 
    that reduction was to reflect revised inflation forecasts, as of May 
    1993, for the increases in Medicare capital cost per discharge during 
    FY 1989 through FY 1992. By that time, the estimate of increases in 
    Medicare inpatient capital costs per discharge from FY 1989 through FY 
    1992 had declined from 31.3 percent to 21.57 percent. The 7.4 percent 
    reduction to the Federal rate was calculated to account for these 
    revised forecasts (1.2157/1.313=.926, a 7.4 percent decrease). That 
    provision of Public Law 103-66 also required that, for cost reporting 
    periods beginning on or after October 1, 1993, the Secretary 
    redetermine which hospital payment methodology should be applied under 
    the capital prospective payment system transition rules to take into 
    account the 7.4 percent reduction to the Federal rate.
        As a result of the reduction required by Public 103-66, the 
    standard Federal rate is now based on an estimated FY 1992 Medicare 
    inpatient capital cost per case of $641.01 ($692.24 x 0.926). At the 
    
    [[Page 45831]]
    time of the Public Law 103-66 reduction to the Federal rate, actual 
    cost report data on the FY 1992 Medicare capital cost per discharge 
    were not yet available. The reduction was based on cost report data for 
    FY 1990 and FY 1991, and a revised projection of the rate of increase 
    in Medicare capital costs per discharge during FY 1992.
        We now have extensive cost report data for FY 1992. The December 
    1994 update of HCRIS data showed an audit-adjusted FY 1992 Medicare 
    inpatient capital cost per discharge of $593.15, or 7.47 percent lower 
    than the estimate (reflecting the 7.4 percent reduction mandated by 
    Public Law 103-66) on which the Federal rate is currently based. We do 
    not believe that the Federal rate should necessarily remain at a level 
    that reflects a known over-estimation of base year costs. We therefore 
    invited comment on the appropriateness of an estimated 7.47 percent 
    reduction to the unadjusted standard Federal rate to account for that 
    over-estimation. (The June 1995 update of HCRIS data shows an audit-
    adjusted FY 1992 Medicare inpatient capital cost per discharge of 
    $596.28, or 6.98 percent lower than the estimate on which the Federal 
    rate is currently based.)
        Under Sec. 412.328, HCFA determined the FY 1992 hospital-specific 
    rate by using a process similar to the process for determining the FY 
    1992 Federal rate. The intermediary determined each hospital's 
    allowable Medicare inpatient capital cost per discharge for the 
    hospital's latest cost reporting period ending on or before December 
    31, 1990. The intermediary then updated each hospital's FY 1990 
    allowable Medicare capital cost per discharge to FY 1992 based on the 
    estimated increase in Medicare inpatient capital cost per case. As in 
    the case with the Federal rate updates, current data demonstrate that 
    the estimates used to update the hospital specific rates from FY 1990 
    to FY 1992 were overstated. On the basis of the data available in the 
    proposed rule, we indicated that we were also considering whether to 
    correct for the original rate of increase estimates by prospectively 
    decreasing the hospital-specific rates by 8.27 percent. Such a 
    reduction would not apply to hospital-specific rates that have been 
    redetermined for a later cost reporting period. This is because the 
    rate of increase estimates were not employed for redeterminations after 
    FY 1992.
        Finally, we suggested that the analysis of capital cost increases 
    prior to the implementation of the prospective payment system for 
    capital-related costs could be the basis for an immediate adjustment to 
    the Federal rate to compensate for the effects of the expiration of 
    budget neutrality. At the time of the proposed rule, the available data 
    suggested that a reduction to the Federal rate of up to 27.7 percent 
    would be necessary to restore the rate to the level at which it would 
    have been if capital costs had not exceeded the level that can be 
    accounted for on the basis of known factors. (As discussed in section 
    V.A.5 above, the current data suggest that a reduction of up to 28.1 
    percent would be necessary to restore the Federal rate to that level.) 
    Such an adjustment could be accomplished gradually over a number of 
    years within the context of the update framework. We suggested in the 
    proposed rule that some large part of the residual could be removed 
    from the rate in a single adjustment. For example, we suggested that 
    retaining the FY 1995 budget neutrality adjustment of 0.8432 in the 
    standard Federal rate would have the effect of recapturing a large part 
    of the residual of capital cost increase over the identifiable factors. 
    The remainder of the residual, if appropriate, could be removed from 
    the rate on a gradual basis through an adjustment to the update factor, 
    as discussed in section V.A.6 above. We therefore requested comments on 
    the appropriateness of such measures, particularly on the 
    appropriateness of retaining the FY 1995 budget neutrality adjustment 
    in the rate as an efficiency measure.
        Comment: Many commenters objected to possible measures to reduce 
    the Federal rate. Some commenters contended that the error in 
    forecasting the FY 1992 cost per case likely resulted from a 
    substantial decline in the rate of growth in capital expenditures as 
    hospitals anticipated the introduction of prospective payment for 
    capital. Under these circumstances, the commenters contended, reduction 
    to the rates would punish providers for responding to the new 
    incentives of prospective payment.
        Response: Current cost report data show a modest decline in the 
    rate of increase in Medicare capital cost per case immediately before 
    the introduction of the capital prospective payment system. (See Table 
    6 above.) From the information at our disposal, however, it is 
    impossible to determine the degree to which this modest decline is due 
    to behavioral changes induced by anticipation of prospective payment 
    for capital as opposed to other factors. For example, during the last 
    years under reasonable cost payment, the payment for capital costs was 
    discounted; that is, the program paid 85 percent of Medicare capital 
    costs. It is likely that the discounting of reasonable cost payment 
    contributed to the modest decrease in the rate of increase in capital 
    cost during that time. In any event, we intended to base the Federal 
    capital rate on the FY 1992 Medicare capital cost per case. We do not 
    believe it is reasonable to expect that the rate permanently reflect 
    the level of cost that would have existed if the poor incentives that 
    existed prior to the implementation of capital prospective payment had 
    remained in place.
        Comment: Other commenters contended that continued retrospective 
    lookbacks to FY 1992 are inappropriate in a prospective payment system.
        Response: The core notion of prospective payment is that the 
    payment rate be set in advance of the actual payment. None of the 
    measures that we discussed would violate that principle. In each case, 
    rate revisions would apply prospectively, that is, only to payments in 
    the future. Under a prospective system, prior period rates are the 
    basis for determining rates in subsequent years. However, we believe 
    that future rates should not be based permanently on initial estimates 
    that we now know to be incorrect. Our intention was always to base the 
    capital rates on FY 1992 costs per case. At the time of the final rule 
    establishing the prospective payment system for capital-related costs, 
    we estimated FY 1992 costs on the basis of the best data and 
    projections then available.
        Comment: Several commenters argued that retaining the FY 1995 
    budget neutrality adjustment in the rate would disadvantage hospitals 
    after they have responded to the incentives under the capital 
    prospective payment system.
        Response: The purpose of retaining the FY 1995 budget neutrality 
    adjustment in the rate would be to address a known overestimation in 
    the costs used to establish the rate, and possibly excessive costs that 
    may be inappropriate to include permanently in the rate. While it is 
    true that hospitals should be able to gain from responding to the 
    incentives of prospective payment, it does not follow that this should 
    include permanent benefit from excessively high rate levels.
        Comment: Several commenters contended that it would be illegal for 
    HCFA to retain the FY 1995 budget neutrality adjustment in the base 
    rate. These commenters observed that Congress mandated the sunset of 
    budget neutrality for capital, and asserted that retaining the budget 
    neutrality adjustment in the rate was a covert way of attempting to 
    extend the provision beyond the statutory sunset.
        Response: The purpose of the measure we discussed would not be to 
    extend the budget neutrality provision. Rather 
    
    [[Page 45832]]
    it would be to set the rate at an appropriate level in the light of 
    information that is now available concerning cost increases in the 
    years up to and including FY 1992. Retaining the budget neutrality 
    adjustment factor would simultaneously address our original 
    overestimation of FY 1992 costs and some significant proportion of the 
    inefficiency represented in the FY 1992 cost per case. The use of the 
    FY 1995 budget neutrality adjustment factor would merely accomplish a 
    major rate revision in a manner that provides substantial stability in 
    the level of payments. As such, the adjustment would not be a budget 
    neutrality adjustment per se, but rather an adjustment to address past 
    estimates. Section 1886(g) of the Social Security Act confers broad 
    authority on the Secretary to establish a prospective payment system 
    for capital-related costs.
        Comment: A number of commenters contended that the reductions 
    discussed in the proposed rule would jeopardize the ability of many 
    hospitals to meet current obligations and reduce their ability to meet 
    future capital needs.
        Response: The measures discussed in the proposed rule would not 
    necessarily result in actual reductions in capital payments compared to 
    the level of FY 1995. For example, the reduction to account for the 
    overestimation of FY 1992 costs per case would still allow annual 
    increases in rates and payments of over 10 percent in FY 1996, and 
    approximately 3 to 5 percent per year through the rest of the 
    transition.
        Comment: One hospital association observed that Congress may choose 
    to enact one or more of the measures discussed in the proposed rule. 
    The commenter suggested that any measures to reduce the growth of 
    Medicare expenditures would create the need for HCFA to increase the 
    protections for hospitals that undertake major capital projects during 
    the transition period to fully prospective capital payment. The 
    commenter emphasized that its recommendation was budget neutral.
        Response: We do not yet know what if any action Congress will take 
    with respect to the capital prospective payment system. Thus, it would 
    be premature to consider proposals that, under a budget neutrality 
    provision, would involve redistribution of funds from hospitals 
    generally to those hospitals that might benefit from expanded 
    exceptions protection.
        Comment: Several commenters contended that it would be illegal for 
    HCFA to implement any of the identified reductions to the rates 
    (including an efficiency adjustment). Two commenters characterized the 
    rate reduction options as thinly disguised attempts to rebase 
    hospitals' base year capital costs, and asserted that Congress has not 
    given the Secretary of Health and Human Services the authority to 
    rebase hospital capital costs. One commenter stated that the rate 
    revisions discussed in the proposed rule would violate a fundamental 
    principle of prospective payment: that the system provide certain and 
    predictable payment rates.
        Response: Section 1886(g) of the Social Security Act requires 
    payment for capital-related costs under a prospective payment system 
    ``established by the Secretary.'' (Emphasis added.) The statute 
    prescribes only that the system provide for payment on a per discharge 
    basis, employ appropriate weighting of payment rates by classification 
    of discharge, and reduce payments during FY 1992 through FY 1995 by an 
    amount estimated to equal 10 percent of what would have been paid on 
    the basis of reasonable costs. The statute gives the Secretary wide 
    discretion in determining the particular features of the system, 
    including the appropriate level of payment rates. We believe that any 
    rate revision implemented prospectively would satisfy the principle of 
    certainty and predictability under a prospective system.
        Comment: One commenter argued that reducing the rate to account for 
    overestimation of FY 1992 cost per case amounts to rebasing the capital 
    rates from FY 1989 to FY 1992. The commenter contended that such a 
    measure would amount to more than a technical correction and would, in 
    fact, require revisiting the entire discussion that gave rise to 
    prospective payment for capital. Finally, the commenter objected that 
    there is no evidence that FY 1992 represents a typical year in capital 
    spending as opposed to a ``trough'' in capital expenses.
        Response: The methodology that we adopted in the September 1, 1992 
    final rule provided for using the FY 1989 cost per case as the basis 
    for estimating the FY 1992 cost per case. We used FY 1989 as the basis 
    for estimating because it was at that time the most recent year for 
    which substantial cost report information was available. Thus FY 1992, 
    not FY 1989, has always been the base year for the rate. The issue is 
    not rebasing the rate but only the appropriateness of addressing 
    previous estimates of base year costs. We believe that the commenter's 
    concern about whether FY 1992 was a ``trough'' year in capital spending 
    is misguided. The Medicare accounting rules, which were used to 
    determine the capital costs on which the capital Federal rate is based, 
    count depreciation costs for all capital still in use and interest on 
    loans for depreciable assets. Current year purchases thus have only a 
    small effect on the accounting of capital costs for the year. Capital 
    costs for FY 1992 include depreciation and interest costs related to 
    capital purchases over many previous years. There is no evidence that 
    the period up to FY 1992 represented a ``trough'' in capital spending.
        Comment: One commenter objected that making the rate reductions 
    under consideration would be inconsistent with HCFA's refusal over the 
    years to ``make up'' for shortfalls in actual outlier payments compared 
    to estimates.
        Response: We believe that we have been completely consistent in our 
    policies regarding rate-setting and issues of revising prior year 
    payments under the prospective payment system. As discussed earlier, we 
    believe that prospective adjustments to the rates may be appropriate to 
    address errors in estimating base year costs that would otherwise be 
    built into the rates for future fiscal years. In contrast, any 
    difference between actual outlier payments and estimated outlier 
    payments are not built into the rates for future years; thus, for 
    example, if actual outlier payments in a fiscal year were 4.0 percent 
    rather than the projected 5.1 percent, the 1.1 percent difference does 
    not mean that prospective payment rates would be 1.1 percent lower than 
    if we had accurately projected outliers.
        The case of the outlier offset cited by the commenter is more 
    analogous to the budget neutrality adjustments under the capital 
    prospective system than it is to the reductions to the base capital 
    rate that we discussed. In the cases of outliers and budget neutrality, 
    temporary annual adjustments to the rates have been made to meet 
    certain payment targets (that is, a designated percentage of outlier 
    payments, in the one case, and 90 percent of what would have been paid 
    for capital costs on a reasonable cost basis, in the other). In both 
    cases, we have refused to make any changes in the level of the rates or 
    payments during subsequent years to account for differences between 
    actual and estimated payments. Thus, we have not decreased subsequent 
    year payments to account for actual payments that have apparently 
    exceeded the payment target of 90 percent of estimated capital costs 
    under the expiring budget neutrality provision. We do, however, examine 
    past experience for purposes of refining the estimation methodology 
    used to set the outlier offsets and budget neutrality adjustments for 
    subsequent years. 
    
    [[Page 45833]]
    
        As in the case of outlier payments and budget neutrality, none of 
    the rate changes that we discussed in the proposed rule would ``make 
    up'' for past payments. In making any of those revisions, we would 
    instead be employing better data that is now available in order to set 
    the permanent base rate more accurately for future years.
        Comment: ProPAC commented that the large increase in rates with the 
    expiration of budget neutrality raises two sets of questions. First, it 
    raises the issue of an appropriate update mechanism, about which HCFA 
    and ProPAC have conducted a vigorous discussion. (See section V.A 
    above.) The second and perhaps more important issue is the need to 
    determine the appropriate base rate to which the update is to be 
    applied. ProPAC believes that, because updates during the first four 
    years of the prospective payment system were based on historical cost 
    increases rather than on an analytical framework reflecting current 
    factors, the updated payment rates grew more rapidly than estimated 
    reasonable costs. The result was a widening gap between the updated 
    base rate and the rates actually used for payment under the budget 
    neutrality provision. The expiration of budget neutrality thus results 
    in a 21 percent increase in both rates and payments. ProPAC believes 
    that the appropriate level of the base payment rate is an issue that 
    merits attention by the Secretary and Congress. The Commission 
    identifies several possible approaches to setting the base rate at an 
    appropriate level, including those identified in this year's proposed 
    rule. They identify one approach that we did not discuss: updating 
    actual FY 1992 costs to FY 1996 on the basis of an analytical 
    framework, rather than actual cost increases.
        Response: We agree with ProPAC that the appropriate level of the 
    capital base payment rate is an important issue. We presented the 
    discussion of possible rate revisions in the proposed rule precisely in 
    order to initiate a discussion of that issue.
        Comment: Several commenters contended that rate revisions with the 
    potential magnitude of those discussed in the proposed rule should not 
    be implemented through rulemaking. The commenters argued that proposals 
    of this scope should require enabling legislation.
         Response: We do not believe that it would be inappropriate for 
    HCFA to implement rate revisions of the kind under discussion after 
    appropriate notice and comment rulemaking. As we have previously 
    stated, the statute gives the Secretary broad discretion in the design 
    of the system in general and in the determination of the appropriate 
    rate level in particular. Nevertheless, it is clear that Congress will 
    be considering major changes in the Medicare program, including 
    substantial budget savings proposals, during the coming months. Under 
    the circumstances, we have decided not to proceed at this time with any 
    possible capital rate revisions through the rulemaking process while 
    Congress considers whether to include any such measures within more 
    comprehensive legislation dealing with Medicare and the Federal budget.
    
    B. Adjustment to the Capital Prospective Payment System Federal Rate 
    for Capital-Related Taxes
    
        In our June 2, 1995 proposed rule, we discussed an adjustment to 
    the capital prospective payment system for capital-related tax costs. 
    As we noted in that discussion, such an adjustment would be designed to 
    remove a possible inequity in the capital prospective payment system. 
    While capital-related taxes constitute a cost imposed on an 
    identifiable group of hospitals, those costs are currently reflected in 
    the Federal capital rate paid to all hospitals. Since the inception of 
    the prospective payment system for capital-related costs, several 
    commenters have pointed out that all hospitals are thus being 
    reimbursed for costs that only some hospitals pay.
        In the proposed rule, we presented a proposal for an adjustment for 
    capital-related tax costs. However, we noted in the proposed rule that 
    introducing an adjustment posed several serious problems which we had 
    not been able to resolve. These issues involve equity to hospitals that 
    may become subject to capital-related taxes in the future. They also 
    involve our responsibility to protect the Medicare Trust Fund from 
    possible manipulation as well as from any new open-ended commitments to 
    increase Medicare payments. We presented a formal proposal in order to 
    facilitate discussion of the merits of implementing a special tax 
    adjustment. We believed that presentation and analysis of a proposal 
    provided the best opportunity for a full and public discussion of all 
    the issues surrounding a possible adjustment for capital-related tax 
    costs. We presented our proposal in the hope that the process of public 
    comment would produce a solution that could simultaneously protect the 
    Trust Fund and satisfy the equity concerns of all hospitals.
        In order to facilitate discussion of the issues surrounding the 
    treatment of capital-related taxes, we proposed to provide for a 
    special adjustment for the capital-related tax costs of hospitals that 
    paid such taxes for cost reporting periods beginning in FY 1992. The 
    tax costs of those hospitals were included in the computation of the 
    capital Federal rate. Under our proposal, hospitals that began 
    operation after FY 1992 would also be eligible for an adjustment. We 
    further proposed an adjustment of the Federal rate to offset the amount 
    of capital-related tax costs originally included in the computation of 
    the rate. In this way, adoption of the tax adjustment would be budget 
    neutral: Aggregate capital payments would neither increase nor decrease 
    merely because of the tax adjustment.
        For those hospitals that would be eligible for an adjustment, we 
    proposed to apply a hospital-specific Medicare tax cost per discharge 
    amount to the Federal rate portion of each payment for each discharge 
    from the hospital, beginning October 1, 1995. Under our proposal, the 
    hospital-specific Medicare tax cost per discharge was to be determined 
    on the basis of the updated FY 1992 base year cost.
        Some of the serious issues that arose in connection with the 
    implementation of a tax adjustment concern hospitals whose tax-paying 
    status has changed since FY 1992. Some hospitals that paid capital-
    related taxes in FY 1992 may no longer be subject to such taxes (for 
    example, because they converted to non-proprietary status in a taxing 
    jurisdiction that does not tax non-proprietary hospitals). Other 
    hospitals may have been in operation during FY 1992, but have only 
    become subject to tax payments since that time, either by a change in 
    status (that is, from non-proprietary to proprietary) or by the action 
    of State or local authorities to impose capital-related taxes on 
    entities that had not previously been subject to such taxes.
        Hospitals that subsequently become subject to taxes through the 
    action of State or local authorities pose the most serious issues of 
    equity and protection of the Trust Fund. On the one hand, it may seem 
    unfair to prohibit hospitals on whom a tax cost is imposed after FY 
    1992 from receiving an adjustment available to hospitals on whom a tax 
    cost was imposed in FY 1992. On the other hand, a capital Federal rate 
    tax adjustment should not be vulnerable to possible efforts by state or 
    local authorities to gain revenues from increased Medicare payments to 
    hospitals. Nor should a tax adjustment provide an open-ended commitment 
    to increase the overall level of Medicare capital payments as State and 
    local 
    
    [[Page 45834]]
    governments extend taxation to previously tax-exempt facilities. The 
    capital Federal rate tax adjustment that we proposed reflected only the 
    FY 1992 capital-related tax costs included in the original computation 
    of the Federal rate. It could not reflect costs imposed on hospitals by 
    the extension of State and local capital-related taxes after FY 1992. 
    Therefore, in the absence of some additional budget neutrality 
    provision, extending the tax adjustment to hospitals that become 
    subject to capital-related taxes after FY 1992 could significantly 
    increase the overall level of Medicare capital payments.
        We proposed that hospitals would not qualify for the adjustment if 
    they became subject to tax payments because of state or local action to 
    change tax laws (for example, by extending taxation to non-proprietary 
    hospitals) since FY 1992. We did so both to prevent the possibility 
    that State and local authorities could inappropriately gain revenues 
    through increased Medicare payments, and to prevent the adoption of a 
    tax adjustment from producing large increases in Medicare capital 
    payments if additional jurisdictions impose taxes on non-proprietary 
    hospitals. We recognized, however, that this policy might be viewed as 
    penalizing newly taxed hospitals for changes in circumstances over 
    which they have no control. We invited comment on the appropriateness 
    of this proposal, which raised issues of equity between hospitals 
    subject to capital-related taxes in FY 1992 and those newly subject to 
    such taxes after FY 1992. We specifically invited suggestions and 
    comments on other approaches to dealing with the situation of hospitals 
    that become subject to taxes after FY 1992. We stated our belief that 
    any proposal to deal with the situation of such hospitals should 
    protect the Medicare Trust Fund against an open-ended commitment to 
    increase Medicare payments in order to reimburse hospitals for 
    Medicare's share of newly imposed capital-related tax obligations.
        In particular, we invited comment on the possibility of providing 
    an adjustment to such hospitals on a budget-neutral basis. Under such 
    an approach, an annual tax adjustment budget neutrality factor would be 
    applied to the Federal rate to account for the estimated cost of the 
    tax adjustment over and above the costs attributable to capital-related 
    taxes in the FY 1992 base year. In this way, aggregate payments, 
    including tax adjustments to hospitals that have become subject to 
    taxes since FY 1992, would not exceed the amount of payments in the 
    absence of extending the adjustment to such hospitals. Such an approach 
    would prevent the tax adjustment from becoming an open-ended drain on 
    the Medicare Trust Fund. However, such an approach necessarily involves 
    reducing the Federal rate beyond the level accounted for by the 
    capital-related tax costs originally included in the rate computation. 
    In other words, such a budget neutrality adjustment would reduce the 
    amount of other capital-related costs incorporated in the original rate 
    computation. Under such an approach, the reductions in payments to 
    hospitals that do not pay taxes would exceed the amount of capital-
    related taxes included in the original rate computation; arguably, 
    then, this approach would inappropriately disadvantage hospitals that 
    do not pay capital-related taxes.
        With regard to the situation of other hospitals whose tax status 
    has changed since FY 1992, we stated our belief that hospitals that are 
    no longer subject to capital-related taxes should not receive an 
    adjustment to their capital Federal rate payments. Therefore, we 
    proposed that a hospital (or a related organization) must be directly 
    subject to capital-related taxes in order to qualify for the capital 
    Federal rate tax adjustment.
        In addition, we proposed that no adjustment would be made for 
    hospitals whose status changed from non-proprietary to proprietary 
    after FY 1992. The decision to change status to a proprietary hospital 
    is a voluntary decision of the hospital's management, and we therefore 
    believe that an adjustment to allow special payment for additional 
    taxes that result from such a decision is not warranted.
        However, we also proposed that hospitals that were not in operation 
    in FY 1992 should be able to qualify for the adjustment. We therefore 
    provided that intermediaries should accept data on capital-related tax 
    payments from hospitals that have begun operation since FY 1992. Such 
    hospitals were to contact their intermediaries as soon as possible, but 
    in any case no later than July 31, 1995, to submit the appropriate data 
    and documentation.
        Comment: In Opposition: We received comments opposed to the 
    proposed property tax adjustment from six associations representing a 
    large number of hospitals and from two individual providers. These 
    commenters were opposed to a tax adjustment for several related 
    reasons. Several commenters argued that tax-exempt hospitals incur 
    substantial costs for services they must provide to maintain tax-exempt 
    status. They pointed out that the Internal Revenue Code requires tax-
    exempt hospitals to satisfy a community benefit standard. This standard 
    requires the operation of a full-time emergency room open to all 
    persons without regard to their ability to pay. It also requires 
    provision of care for every person in the community regardless of 
    ability to pay. The commenters asserted that costs faced by hospitals 
    to provide these services may be higher than property tax levels. They 
    objected that our proposal did not offer any special adjustment to 
    compensate for the cost of community benefit services.
        One commenter characterized the proposal as an attempt to address a 
    perceived inequity for one group of hospitals that in turn creates new 
    inequities for many other hospitals. In particular, the commenter 
    objected to our suggestion that extending the adjustment to hospitals 
    newly subject to taxes could be financed by further reducing the 
    Federal rate paid to all hospitals. The commenter suggested that, in 
    light of the acknowledged problems in treating all hospitals equitably 
    in implementing an adjustment, the most equitable solution would be to 
    maintain the integrity of the prospective payment system by refusing to 
    provide special treatment for this cost.
        Another commenter objected that the proposed tax adjustment would 
    shift payments from hospitals that exist to serve the needs of the 
    community to those whose primary purpose is to return a profit to its 
    shareholders. The commenter expressed concern that this shift could 
    aggravate existing access problems.
        Several commenters objected to the proposal based on reasons 
    related to Medicare reimbursement principles. One commenter argued that 
    the proposed tax adjustment contradicted an established policy of the 
    Medicare program, that organizational decisions made by a hospital 
    should not affect payments. Another commenter contended that the 
    proposed adjustment would subsidize the decision to become a for-profit 
    entity. The same commenter termed the proposed adjustment a return to a 
    cost-based reimbursement system, and thus a retreat from the principles 
    of prospective payment. Another commenter contended that tinkering with 
    a prospective payment system to reflect a specific component of cost 
    may invite requests for further adjustments. One commenter specifically 
    requested that we provide an adjustment for capital-related interest 
    costs in the same manner as we proposed to adjust for capital-related 
    property taxes. 
    
    [[Page 45835]]
    
        Several commenters raised questions of fairness among tax-paying 
    and tax-exempt providers. The commenter contends that for-profit 
    hospitals do not share equally in the burden of providing care to 
    indigent patients. Furthermore, payment reductions will affect the 
    ability of the non-profit hospitals to maintain current service levels 
    to Medicare beneficiaries.
        Several commenters recommended either that we drop the proposal to 
    institute a capital-related property tax adjustment, or that we 
    introduce a tax adjustment only in conjunction with an adjustment for 
    the costs of charity care.
        In Favor: We also received numerous comments in favor of the 
    proposed adjustment for capital-related property taxes. Most comments 
    (129) came from tax-paying proprietary hospitals who supported the tax 
    adjustment as proposed. Another 38 commenters supported the concept of 
    the proposed rule, but advocated revisions to the proposal, such as 
    expansion of the eligibility criteria.
        Two hospital associations responded generally in favor of the 
    proposed adjustment, but also requested some modifications of the 
    proposed provisions. In particular, those commenters requested the 
    inclusion of hospitals that did not pay property taxes in 1992, but are 
    now paying property taxes. To prevent gaming, the commenters suggested 
    the adoption of a 3-year waiting period before hospitals newly subject 
    to taxes could become eligible for an adjustment. To protect the Trust 
    Fund, the commenters recommended that future capital rate updates be 
    reduced to provide the funds for extending the adjustment to hospitals 
    newly subject to taxes. The commenters also suggested that hospitals 
    should only qualify for an adjustment if they pay bona-fide taxes that 
    apply to all businesses in an area.
        Other commenters contended that we should include taxes paid on 
    leased property or equipment in the adjustment, at least in cases where 
    the lease provided for direct payment to taxing authorities. One 
    commenter agreed that a level playing field exists for leases on fixed 
    equipment, but recommended that an adjustment be provided for taxes 
    paid on leased facilities. Another commenter requested that we allow an 
    adjustment for municipal hospitals that have city services allocated to 
    their facility rather than a direct property tax bill.
        Two commenters pointed out that they provide charity care and 
    community services, as the tax-exempt hospitals do, but they must also 
    pay taxes.
        Response: We have decided not to proceed with implementation of a 
    tax adjustment at this time. Two considerations motivated this 
    decision. First, we have not been able to resolve the problems with 
    implementing a tax adjustment that we identified in the proposed rule. 
    Those commenters in favor of an adjustment did suggest several means 
    for preventing gaming by states and to protect the Medicare Trust Fund 
    from expenditure increases. Several of the suggestions for preventing 
    gaming have some merit. We agree with the commenters, for example, that 
    requiring hospitals newly subject to taxes to wait 3 years before 
    qualifying for an adjustment may reduce the possibilities for gaming. 
    At the same time, we are concerned that some of their other 
    suggestions, such as the adoption of rules to determine bona fide 
    taxes, would prove difficult to administer. Even if these measures 
    could prevent gaming, however, we have not been able to determine a 
    method for protecting the Trust Fund that does not create possible new 
    inequities. Commenters in favor of a tax adjustment have suggested 
    reducing future rate updates by an amount sufficient to fund the 
    extension of adjustments to hospitals newly subject to taxes. Under 
    such a measure, however, hospitals that do not pay taxes would 
    necessarily receive lower payments than they would in the absence of a 
    tax adjustment. (Even some hospitals that pay taxes would receive lower 
    payments, if the amount of the Federal rate reduction exceeds the 
    amount of the hospital-specific adjustment.) If the problem that 
    motivated our consideration of an adjustment is an inequity, such a 
    measure would certainly create an inequity as well. As several 
    commenters noted, it would not be appropriate to proceed with a 
    proposal that replaces one possible inequity with another.
        The second consideration in our decision not to implement a tax 
    adjustment at this time is that, in the light of the comments, we 
    believe the proposed adjustment may be incompatible with a prospective 
    payment system for capital-related costs. Prospective payment involves 
    an averaging system under which differences in costs among hospitals 
    are generally not accorded special treatment. Many hospitals and groups 
    of hospitals can cite costs which may be unique to them. Among the 
    commenters on the proposed adjustment, for example, some claimed that 
    capital-related tax costs deserve special treatment because they are 
    unique to one group, while others cited charity care as a unique cost 
    to another group of hospitals. By ignoring such differences, a 
    prospective system provides incentives for realizing greater efficiency 
    in the provision of services than can be achieved under a cost-based 
    payment system. Such a system is not inequitable as long as it is 
    consistent in rejecting special treatment for specific costs.
        It is true, as the commenters in favor of a tax adjustment pointed 
    out, that the prospective system does provide adjustments for several 
    costs. For example, adjustments are provided under both the operating 
    and capital systems to those hospitals that have graduate medical 
    education programs for the costs associated with that activity. 
    However, the adjustment for the indirect cost of graduate medical 
    education (as well as the disproportionate share adjustment) ultimately 
    reflects a decision specifically to encourage the activity associated 
    with those costs. As several commenters pointed out, adoption of a tax 
    adjustment would have amounted to subsidizing a decision about hospital 
    organizational structure (that is, the choice of proprietary status). 
    While many nonproprietary hospitals would have qualified for a tax 
    adjustment, our final data showed that those hospitals would have 
    received, on average, a capital-related tax adjustment of $6.42 per 
    discharge. As a result, tax-paying nonproprietary hospitals would, on 
    average, have gained only slightly more from the tax adjustment than 
    they would have lost from the reduction to the Federal rate. This is 
    because the amounts that voluntary hospitals pay in taxes is relatively 
    small. In contrast, tax-paying proprietary hospitals would have 
    received, on average, a tax adjustment of $70.47 per discharge. As a 
    result, those hospitals would have gained much more from the adjustment 
    than they would have lost from the reduction to the Federal rate. A tax 
    adjustment would have subsidized proprietary hospitals that pay 
    capital-related taxes at the expense of all other groups. Therefore, we 
    believe that the proposed tax adjustment may not be consistent with the 
    principles behind prospective payment.
        We recognize that many hospitals that might have benefited from the 
    implementation of a tax adjustment have been inconvenienced by the time 
    and effort required to comply with our requests for documentation of 
    their tax costs. Because of our decision, those hospitals will now 
    receive no benefit in return for complying with our requests. We regret 
    that it was not possible to 
    
    [[Page 45836]]
    make a final determination about the merits of implementing a tax 
    adjustment before proceeding with data collection and verification. It 
    was necessary to collect and verify data on tax costs in order to 
    determine the dimensions of the issue before proceeding with any 
    proposal to make an adjustment. Without verified data, we would not 
    have been able to inform interested parties of the estimated size of 
    the change in payments for hospitals that do not pay taxes. Once we 
    published the proposal, it was necessary to complete data collection 
    and verification in order to be prepared for possible implementation of 
    the adjustment following comments. On the one hand, then, we could not 
    proceed with a proposal without data. On the other hand, we also could 
    not decide to implement the proposal in the final rule simply because 
    the data had been collected. It would be inconsistent with the 
    integrity of the rulemaking process to allow preparations necessary for 
    the possible implementation of a proposal to dictate the results of the 
    notice and comment process.
        The issue of taking capital-related tax payments into account when 
    determining capital-related prospective payments is an important one in 
    the effort to create a payment system that is both fair and feasible. 
    Providers that submitted data needed in the analysis of this issue and 
    for the design of a payment system made an indispensable contribution 
    toward informing the debate, influencing the formulation of this 
    important public policy, and reaching the decision that the proposed 
    change in the capital-related prospective payment system should not be 
    made at this time.
        As noted, we received numerous other comments about the specific 
    features of a possible tax adjustment. Since we have decided not to 
    proceed with such an adjustment, we will not respond to those comments 
    at this time.
    VI. Changes for Hospitals and Units Excluded From the Prospective 
    Payment Systems
    
    A. New Requirements for Certain Long-Term Care Hospitals Excluded From 
    the Prospective Payment Systems (Secs. 412.23(e))
    
    1. Effect of Change of Ownership on Exclusion of Long-Term Care 
    Hospitals
        As discussed in the June 2, 1995 proposed rule, some questions have 
    arisen as to whether a hospital's compliance with the length-of-stay 
    requirement for long-term care (LTC) hospitals is affected by its sale 
    to a new owner. After reviewing this issue, we concluded that if a 
    change of ownership occurs at the start of a cost reporting period, or 
    at any time during the 6 months immediately preceding the start of that 
    period, the hospital should not be required to begin a new qualifying 
    period. Therefore, we proposed to clarify current regulations by 
    specifying under Sec. 412.23(e)(2) that if a hospital undergoes a 
    change of ownership at the start of a cost reporting period, or at any 
    time within the preceding 6 months, it may be excluded from the 
    prospective payment system as an LTC hospital if it is otherwise 
    qualified and maintained an average length of stay in excess of 25 
    days, under both current and previous ownership, for that 6-month 
    period (60 FR 29244). To qualify for the exclusion, the hospital must 
    have been continuously in operation for all of the qualifying period 
    and participated continuously in Medicare as a hospital. That is, 
    periods during which the hospital was closed or did not participate in 
    Medicare could not be counted toward the required experience.
        We received no public comments on this proposal and are, therefore, 
    adopting the regulations as proposed.
    2. Revised Criterion on Purchase of Services by LTC ``Hospitals Within 
    Hospitals''
        Recently, some entities began to organize themselves under what 
    they refer to as the ``hospital within a hospital'' model. Under this 
    model, an entity may operate in space leased from a hospital and have 
    most or all services furnished under arrangements by employees of the 
    lessor hospital. The newly organized entity may be operated by a 
    corporation formed and controlled by the lessor hospital, or by a third 
    entity that controls both. In either case, the new entity seeks State 
    licensure and Medicare participation as a hospital, demonstrates that 
    it has an average length of stay of over 25 days, and seeks to obtain 
    an exclusion from the prospective payment systems. As explained in the 
    rulemaking documents for FY 1995, we believe it would be inappropriate 
    to extend the LTC hospital exclusion to what is for all practical 
    purposes a LTC hospital unit.
        To avoid granting LTC hospital exclusions inappropriately to 
    hospital units while still allowing adequate flexibility for legitimate 
    networking and sharing of services, we set forth additional exclusion 
    criteria for these ``hospitals within hospitals'' in our September 1, 
    1994 final rule (59 FR 45389-45393). These regulations provide that, in 
    addition to meeting the other LTC hospital exclusion requirements set 
    forth in Sec. 412.23, to be excluded from the prospective payment 
    systems, a hospital located in the same building or in one or more 
    entire buildings located on the same campus as another hospital must 
    have a separate governing body, a separate chief medical officer, a 
    separate medical staff, and a separate chief executive officer. These 
    criteria are stated in regulations at Secs. 412.23(e)(3)(i)(A) through 
    412.23(e)(3)(i)(D). In addition, the hospital must either perform most 
    basic hospital functions without any assistance from the hospital with 
    which it shares space (or from a third entity that controls both) 
    (Sec. 412.23(e)(3)(i)(E)) or receive at least 75 percent of its 
    inpatient referrals from a source other than the other hospital during 
    the period used to demonstrate compliance with the length-of-stay 
    criterion (Sec. 412.23(e)(3)(ii)). The criterion under 
    Sec. 412.23(e)(3)(i)(E) does permit a hospital seeking exclusion to 
    obtain certain services from a hospital occupying space in the same 
    building, including food and dietetic services and housekeeping, 
    maintenance, and other services necessary to maintain a clean and safe 
    physical environment.
        Since publication of the September 1, 1994 final rule, hospital 
    representatives have stated that there are some situations in which 
    basic hospital services other than those related to dietetic, 
    housekeeping and maintenance functions could be furnished in a more 
    cost-effective manner, or more conveniently for patients, if they were 
    provided by the hospital in which the LTC hospital is located. As 
    discussed in the June 2, 1995 proposed rule, we recognize the need to 
    allow LTC hospitals within hospitals greater discretion to purchase 
    services like these from their ``host'' facilities, when it is done in 
    a cost-effective and convenient way. However, it is also important that 
    the LTC hospital exclusion criteria be clear and definite enough to 
    limit LTC exclusions to bona fide separate hospitals. To balance these 
    competing objectives, we proposed to revise the exclusion criteria to 
    describe the scope of services that can be obtained from the host 
    hospital in financial terms, rather than by type of service (60 FR 
    29244).
        Under our proposal, an otherwise qualified hospital could obtain a 
    LTC hospital exclusion if the operating cost of services that it 
    furnishes directly or obtains from a source other than the hospital 
    with which it shares a building or campus (or from a third entity which 
    controls both hospitals) constitutes at least 85 percent of its total 
    inpatient operating costs. This test would be applied with respect to 
    the cost 
    
    [[Page 45837]]
    reporting period or other time period used to establish the hospital's 
    compliance with the length of stay criterion. (If a period other than a 
    full cost reporting period is used, the LTC hospital must provide HCFA 
    with verifiable information on its costs for that part of the period.)
        We proposed a criterion of 85 percent of total inpatient operating 
    costs as an appropriate test of separateness based on the level of 
    dietetic, housekeeping, and maintenance expenses incurred by a small 
    sample of LTC hospitals for which we have readily available data. Our 
    review showed that these expenses generally ranged from 5 to 17 percent 
    of total inpatient operating costs for the periods under review. By 
    setting the maximum acceptable level at 15 percent, we believe that we 
    would allow hospitals an adequate margin for purchase of a limited 
    range of services, without encouraging a level of dependence that calls 
    into question the LTC hospital's status as a separate institution.
        To implement this policy, we proposed to specify under 
    Sec. 412.23(e)(3)(i)(E) that the costs of any services a hospital 
    obtains under contract or other agreements with a hospital occupying 
    space in the same building or campus, or with a third entity that 
    controls both hospitals, may not exceed 15 percent of the hospital's 
    total inpatient operating costs, as defined under Sec. 412.2(c). Thus, 
    a LTC hospital would be permitted to obtain dietetic, housekeeping, 
    maintenance or other services from another hospital with which it 
    shares a building or campus (or from a controlling third entity), 
    provided that the aggregate cost of these services is no more than 15 
    percent of its total inpatient operating costs.
        Public comments on this proposal are addressed below.
        Comment: One commenter objected to an exclusion criterion for LTC 
    hospitals within hospitals that is stated in terms of the cost, rather 
    than the type, of services purchased from the host facility. This 
    commenter stated that hospitals within hospitals are units of acute 
    care hospitals and should be treated as such. The commenter also stated 
    that the proposed criterion will further complicate an already complex 
    system, encourage more facilities to reorganize themselves in an 
    attempt to gain exclusions from the prospective payment system, and 
    increase Medicare administrative costs. For all of these reasons, the 
    commenter recommended that we not only abandon the proposed change but 
    also revise the regulations to prohibit LTC hospitals within hospitals 
    from being excluded from the prospective payment system.
        Response: Although we share the commenter's concern about possible 
    abuse of the exclusion provisions, we do not believe that either our 
    current regulations or our proposals encourage inappropriate 
    exclusions. On the contrary, the current regulations provide reasonable 
    assurance that facilities excluded as LTC hospitals are functioning as 
    separate hospitals, and we believe that our proposed changes will 
    preserve our ability to achieve this result. Moreover, we expect that 
    the shift from a type-based to a volume-based standard will reduce, 
    rather than add to, the complexity and cost of our regulations. Thus, 
    we do not agree that it is necessary to prohibit all LTC hospitals 
    within hospitals from being excluded from the prospective payment 
    system, nor do we believe that the proposed changes will encourage more 
    facilities to pursue exclusions. For these reasons, we did not adopt 
    this commenter's suggestions.
        Comment: One commenter stated that hospitals within hospitals 
    typically are set up to serve only the LTC needs of patients of the 
    host hospital, and are unlikely to receive referrals from other 
    sources. A hospital of this type also may have a low occupancy level, 
    thus leading to very high per-stay costs, which will be paid for by 
    Medicare. To prevent this situation from occurring, the commenter 
    recommended that the 75 percent alternative criterion in 
    Sec. 412.23(e)(3)(ii) be made a basic requirement for exclusion. Under 
    this commenter's recommendation, a hospital within a hospital would be 
    excluded as a LTC hospital only if it met the 75 percent criterion and 
    also provided all basic services without assistance from the host 
    hospital. The commenter argued that this approach will limit the 
    exclusion of LTC hospitals within hospitals to those that meet 
    legitimate community needs.
        Response: Although we agree that an approach of this kind might 
    help to prevent abuse of the exclusion provisions, we are concerned 
    that such a standard might deny exclusion to some legitimately separate 
    institutions. We believe that the revised criteria are sufficiently 
    rigorous to identify only situations when exclusion is appropriate, yet 
    flexible enough to recognize legitimate variations in the ways 
    hospitals obtain needed services and supplies. Therefore, we did not 
    adopt this comment.
        Comment: Several commenters expressed support for our proposal to 
    focus on the volume, rather than the type, of services purchased from 
    the host hospital. However, these commenters also stated that a 
    criterion set at 15 percent of total inpatient operating costs is too 
    restrictive. One commenter favored setting the criterion at 25 percent 
    of the LTC hospital's total inpatient operating costs, with an 
    exception for higher levels of purchases where the LTC hospital can 
    show that obtaining services in this way is cost-effective. Another 
    commenter suggested setting the criterion at 35 percent of total 
    inpatient operating costs. Still another commenter favored retaining 
    the requirement that hospitals provide most basic hospital services but 
    allowing some percentage of basic hospital services, as measured by 
    cost, to be purchased from the host hospital.
        Several commenters expressed concern about the range of costs 
    considered in arriving at the 15 percent figure. One commenter stated 
    that the 15 percent threshold is too low because it does not include 
    those services that were prohibited in the prior years, and recommended 
    eliminating any limit on the type or cost of services that a LTC 
    hospital can purchase from its host hospital. Another commenter asked 
    for more detailed information on how the 15 percent figure was derived 
    and how the measurement will be implemented. The commenter believes the 
    15 percent figure is necessarily too low since several categories of 
    costs (telephone, administrative and general, laundry and linen, social 
    services, and physical, recreational, and respiratory therapy costs) 
    were not included in the costs sampled to arrive at that figure. One 
    commenter stated that the methodology used to arrive at the 15 percent 
    figure appears to be inadequate, in that it assessed only dietetic, 
    housekeeping, and maintenance expenses, and did not take into account 
    services such as hyperbaric oxygen therapy, surgical services, physical 
    therapy, and security, which can often be obtained most cost-
    effectively from the host hospital. Because of concern about these 
    issues, the commenter recommended that we revise the regulations to 
    base exclusion on the level of patient needs, rather than the volume of 
    costs, met by services obtained from the host hospital. Two commenters 
    recommended that the regulations be revised to state that the inpatient 
    operating costs to which the 15 percent criterion is applied will not 
    include any costs of leased space or of equipment rental, maintenance, 
    or utilities for the space.
        Finally, one commenter noted that some new hospitals have 
    structured their operations for their initial 6-month period of 
    operation to comply with the requirement that they furnish basic 
    
    [[Page 45838]]
    hospital services without assistance from the host facility, and have 
    not held the inpatient operating costs of services purchased from the 
    host hospital within the 15 percent ceiling allowed by the proposed 
    regulations. The commenter stated that by shifting to a cost-based 
    standard, we would in effect be denying exclusion to facilities that 
    operated in compliance with the exclusion criteria in effect when they 
    began to provide services. To avoid this scenario, the commenter 
    suggested that we delay the effective date of the 15 percent rule by an 
    additional year (that is, until cost reporting periods beginning on or 
    after October 1, 1996) for hospitals meeting the criterion related to 
    provision of basic hospital services without assistance from the host 
    hospital.
        Response: These comments appear to reflect some misunderstanding of 
    the purpose of our proposed change to an exclusion criterion based on 
    volume of services (as measured by costs) rather than type of services. 
    The purpose of the proposal is not to identify the most cost-effective 
    way for a hospital within a hospital to obtain services, but to 
    describe a pattern of functioning that provides reasonable assurance 
    that a facility seeking to be excluded from the prospective payment 
    system as a LTC hospital actually functions as a separate hospital. 
    Clearly, when a facility operates within another institution, it may be 
    more cost-effective in many cases to obtain services from the 
    surrounding institution. It may be even more cost-effective to 
    integrate the governance and medical direction of the hospital and the 
    entity. A hospital component that wishes to organize itself in this way 
    may do so, but it would not constitute a separate hospital under 
    section 1886(d)(1)(B) of the Act, which provides for the exclusion of 
    LTC hospitals, but not LTC units, from the prospective payment system.
        In assessing the level of dietetic, housekeeping, and maintenance 
    expenses incurred by a sample of LTC hospitals, our goal was not to set 
    the criterion at a level that could easily be met by all potential 
    hospitals within hospitals, but to assess the proportion of costs that 
    a separate hospital may need to spend for the range of services it can 
    buy under current exclusion rules. Thus, our intent was to devise a 
    criterion that would properly assess the level of independence of a 
    hospital within a hospital, but would allow more discretion as to the 
    types of services to be supplied by the host facilities. We recognize 
    that not all hospitals located within hospitals may be able to meet the 
    criterion, and that in some cases hospitals may need to reduce their 
    level of purchases from host facilities to qualify for exclusion under 
    the criterion.
        In response to the comments asking for the basis for establishing 
    the threshold at 15 percent, the proposed 15 percent criterion was 
    based on our analysis of the best available data. The Hospital Cost 
    Report Information System (HCRIS), the automated cost report data base 
    submitted by the fiscal intermediaries, does not contain cost data for 
    the specific general service cost centers, such as dietary, 
    housekeeping and maintenance costs, that represent a large portion of 
    the costs of shared services. As a result, we instead analyzed cost 
    report data from the hard copies of cost reports that we had on file. 
    Specifically, we analyzed data for LTC hospitals that had requested a 
    review of costs in relation to the TEFRA limits. This data showed that 
    the aggregate of these specific operating costs, in comparison to total 
    operating costs, ranged from a low of 5 percent to a high of 17 
    percent. Based on this range, we concluded that 15 percent was a 
    reasonable level at which to establish the standard, as we proposed in 
    our June 2, 1995 rule.
        In response to public comments on this proposal, we conducted 
    further analysis of the cost reports aimed at estimating more precisely 
    the proportion of total inpatient operating costs that is attributable 
    to basic hospital services. To do so, we refined our analysis to 
    include additional costs (that is, maintenance and repairs, operation 
    of plant, and laundry and linen services), to account for ancillary 
    costs of inpatient hospital services, and to exclude ancillary costs 
    related to nonhospital components of the institution, such as distinct 
    part skilled nursing facilities. The new analysis indicated a range of 
    7 percent to 27 percent, with an average of slightly below 15 percent.
        Thus, based on this analysis, we continue to believe that a 15 
    percent standard represents a valid and reasonable basis for 
    identifying hospitals within hospitals that actually function 
    independently. However, we are concerned that some hospitals that have 
    been excluded appropriately under criteria related to the types of 
    services they provide independently from their hosts may not be able to 
    meet the new criterion by the time it becomes effective (that is, by 
    the start of cost reporting periods beginning on or after October 1, 
    1995). To avoid this problem as well as to widen, as appropriate, the 
    range of compliance options available to hospitals within hospitals, we 
    have decided to make the 15 percent standard an alternative to, rather 
    than a replacement for, our current criterion on provision of basic 
    hospital services. This approach will enable hospitals the flexibility 
    to buy whatever services they wish from the host, subject to the 15 
    percent limit, but will not require hospitals that qualify for 
    exclusion under current rules to alter their operations to meet a new 
    requirement. We note that because we are making the 15 percent rule an 
    alternative to the current criterion rather than a replacement for it, 
    a new hospital that has organized itself to meet the current 
    requirements will not be disadvantaged. Thus, there is no need to delay 
    application of the 15 percent rule.
        With respect to the costs to which the 15 percent criterion will 
    apply, we are clarifying proposed Sec. 412.23(e)(3) to state that the 
    criterion apply to total inpatient operating costs, as defined under 
    Sec. 412.2(c), except that, for purposes of the prospective payment 
    system exclusion provisions, the costs of preadmission services are 
    those specified at Sec. 413.40(c)(2), not those described in 
    Sec. 412.2(c). Costs incurred under leases or rental agreements are 
    taken into account only to the extent they fall within the 
    Sec. 412.2(c) definition of operating costs.
        Finally, concerning the suggestion on patient needs, we note that 
    those needs often can be defined only subjectively, and we believe that 
    any test or measurement used for exclusion should be an objective one 
    that is susceptible to verification by both the provider and HCFA. 
    Thus, we did not adopt this suggestion.
        Comment: One commenter stated that current rules relating to the 
    types of services obtained by an LTC hospital within a hospital from 
    its host are clear and adequate for distinguishing a separate hospital 
    from a hospital unit, and that a separate rule relating to the volume 
    of services is not needed. This commenter suggested that instead of 
    shifting to a volume-based standard, another way to allow greater 
    flexibility for cost-effective purchasing from the host hospital would 
    be to allow specific types of basic hospital services, such as 
    laboratory services, to be purchased from the host facility. Another 
    commenter recommended that the 15 percent limitation be applied only to 
    basic hospital services as defined under current regulations, and that 
    an LTC hospital within a hospital be allowed to buy other services 
    without limitation from the host hospital.
        Response: We agree that either proposed approach would increase 
    hospital flexibility. However, the types of services available from 
    host facilities 
    
    [[Page 45839]]
    and from other sources vary from one community to another, and from 
    hospital to hospital within a community, and it would be difficult to 
    specify a range of basic hospital services that could acceptably be 
    obtained from the host facility in all cases, without permitting so 
    many types of services to be obtained from the host facility that the 
    criterion would no longer be a useful measure of independent 
    functioning. With regard to the second comment, we are concerned that 
    applying the 15 percent criterion only to basic hospital services would 
    effectively lower the level of independent functioning necessary for a 
    hospital to qualify for exclusion, relative to our current 
    requirements, and thus might permit inappropriate exclusions. 
    Therefore, we are not adopting either of these suggestions.
        Comment: A commenter suggested that the creation of a hospital 
    within a hospital is potentially abusive only where the LTC hospital is 
    operated by a corporation owned and controlled by the host hospital, or 
    by a third entity that controls both the host and the LTC hospitals. 
    The commenter recommended that the 15 percent rule be applied only 
    where operational control of this kind exists.
        Response: We do not agree with this commenter that simply 
    satisfying the structural criteria (those related to having a separate 
    governing body, medical staff, chief executive officer, and chief 
    medical officer) and average length of stay criteria should be 
    sufficient to support exclusion of an LTC hospital within a hospital. 
    On the contrary, we believe it is essential for such an entity to show 
    that it actually functions as a separate hospital. If the two 
    facilities meet only the separate control criteria but the LTC facility 
    either receives fewer than 75 percent of its inpatients from sources 
    other than the host or receives more services, or different types of 
    services, from the host than allowed under our regulations, we question 
    the validity of excluding the facility from the prospective payment 
    system as a separate LTC hospital. Under these circumstances, the 
    facility would in reality be a unit of the host hospital. Therefore, we 
    did not adopt this comment.
        Comment: Two commenters stated that the regulations on hospitals 
    within hospitals should be revised to apply only when an LTC hospital 
    wishes to share a building or campus with a prospective payment 
    hospital, not to comparable situations involving a long-term care 
    hospital and a rehabilitation hospital.
        Response: Although the ``hospital within a hospital'' rules were 
    designed primarily in response to situations involving LTC and 
    prospective payment hospitals, the possibility of inappropriate 
    exclusion of a hospital unit can also arise if an excluded hospital 
    such as a psychiatric or rehabilitation hospital seeks to set up an LTC 
    hospital within itself. In both situations, our concern is that an 
    entity that is in essence a hospital unit may seek to obtain an 
    inappropriate exclusion from the prospective payment system. Section 
    1886(d)(1)(B) of the Act provides for exclusion of LTC hospitals but 
    not of LTC units. Because newly created hospitals within hospitals are 
    eligible for a separate TEFRA target rate and may be eligible for a new 
    hospital exemption from the rate-of-increase ceiling under 
    Sec. 413.40(f), we believe it is important to prevent inappropriate 
    exclusions in all circumstances, not merely those involving prospective 
    payment hospitals. Thus, we do not believe it is appropriate to limit 
    the criteria as the commenter suggested.
        Comment: One commenter recommended that we revise the regulations 
    to include a ``grandfather'' clause under which LTC hospitals within 
    hospitals that were excluded from the prospective payment system before 
    October 1, 1994, would not need to meet the current exclusion criteria 
    in order to continue to qualify for exclusion.
        Response: The adoption of the 15 percent criterion as an 
    alternative to the existing exclusion criteria under Sec. 412.23(e) 
    gives hospitals within hospitals three alternatives for showing that 
    they function as separate hospitals. Moreover, Sec. 412.23(e)(4) 
    specifies that the criteria concerning the performance of basic 
    hospital functions (under Sec. 412.23(e)(3)) do not apply to any 
    previously excluded hospital until the hospital's first cost reporting 
    period beginning on or after October 1, 1995. In view of the three 
    options available to hospitals for establishing eligibility to be 
    excluded from the prospective payment system, and the delayed effective 
    date already provided for in regulations, we believe we have 
    established equitable policies for previously excluded LTC hospitals 
    within hospitals. Thus, a grandfather clause is unnecessary. Moreover, 
    we are concerned that indefinitely exempting a set of previously 
    excluded hospitals from the regulations would be both inequitable to 
    newer hospitals, and difficult to administer, since similar facilities 
    would be subject to different payment rules, based only on their 
    initial date of exclusion. Finally, it would be contrary to the 
    statutory scheme to exclude LTC units from the prospective payment 
    system. Thus, we have not adopted this suggestion.
        Comment: One commenter asked whether the revised criterion on 
    purchase of services would apply to the initial qualifying period of 6 
    months that is used to establish length of stay for a new LTC hospital.
        Response: As stated in proposed Sec. 412.23(e)(3)(i)(E), the new 
    criterion on purchase of services applies to the same period of at 
    least 6 months used to determine compliance with the length-of-stay 
    criterion in Sec. 412.23(e)(2).
        Comment: One commenter stated that if an acute care hospital is 
    allowed to set up a LTC hospital within a hospital, it may have a 
    financial incentive to discharge patients prematurely from the acute 
    hospital to the long-term care hospital. The commenter suggested that 
    we adopt further regulations limiting the acute care hospital's ability 
    to discharge a patient to a LTC hospital that it owns or controls.
        Response: We understand and share this commenter's concern, and the 
    LTC exclusion criteria are designed to prevent inappropriate 
    exclusions. However, HCFA has no authority to restrict the range of 
    hospitals to which a patient may be referred following discharge from 
    acute care. We intend to review this issue, and may propose further 
    payment changes to avoid financial incentives for inappropriate 
    placement of patients.
    
    B. Clarifying Changes for Excluded Hospitals and Units (Secs. 412.23, 
    412.29, 412.30 and 412.130)
    
        For clarity, we proposed to revise Sec. 412.23(e)(3) to state more 
    clearly that a hospital sharing space with another can qualify for 
    exclusion only if it meets all of the requirements of paragraphs 
    (e)(3)(i)(A) through (e)(3)(i)(D) of that section and, in addition, 
    those in either paragraph (e)(3)(i)(E), which deals with separate 
    performance of services, or Sec. 412.23(e)(3)(ii), which deals with the 
    source of the hospital's patients.
        In addition, we proposed to restate the rules in Secs. 412.29 and 
    412.30 to differentiate more clearly between criteria that apply when a 
    hospital seeks exclusion of a rehabilitation unit that is created 
    through an addition to its existing bed capacity, and the criteria that 
    apply when a hospital seeks exclusion of a unit that has been created 
    by converting existing bed capacity from other uses. We also proposed 
    to clarify the rules that apply when a hospital expands an existing 
    rehabilitation unit by increasing its bed capacity or by converting 
    existing capacity. These 
    
    [[Page 45840]]
    revisions were developed in response to complaints from some hospital 
    representatives that the current regulations do not state our criteria 
    clearly. We emphasized that these proposals merely restate, and do not 
    change, existing rules. In conjunction with this proposed change, we 
    also stated that we would make a technical change to a reference in 
    Sec. 412.130.
        Comment: One commenter objected to the provision of 
    Sec. 412.30(c)(1)(ii) under which the beds a hospital seeks to add to 
    its existing rehabilitation unit will be considered new only if over 50 
    percent of the beds represent newly licensed and certified beds. The 
    commenter stated that this represents a substantive change in the rules 
    which inappropriately restricts the ability of a hospital to convert 
    acute care capacity to uses excluded from the prospective payment 
    system.
        Response: As the commenter noted, Sec. 412.30(b) does not deal 
    explicitly with situations in which a hospital seeks to expand an 
    excluded rehabilitation unit by adding bed capacity that is made up 
    partly of newly licensed capacity and partly of existing capacity. One 
    purpose of the revision was to clarify our policy on this issue. 
    However, Sec. 412.30(a)(2) does state explicitly that ``a unit that 
    includes some beds that were previously licensed and certified and some 
    new beds is recognized as new only if more than one half of the beds 
    are new.'' Thus, the revision merely restates a current rule as to what 
    will be considered ``new'' when an existing facility adds a mixture of 
    newly licensed and existing capacity.
    
    C. Changes to the Regulations Addressing Limitations on Reimbursable 
    Costs (Secs. 413.30 (e) and (f), and 413.35(b))
    
        We proposed to remove obsolete material from the regulations. 
    Specifically, we proposed to remove Sec. 413.30 (e)(1), (e)(3), and 
    (e)(4), since sole community hospitals, risk-basis HMOs, and rural 
    hospitals with less than 50 beds are included under 42 CFR part 412, 
    which governs the prospective payment system for operating costs. In 
    addition, we proposed to remove Sec. 413.30(f)(5), (f)(6), (f)(7) (a 
    reserved paragraph), and (f)(9), concerning exceptions for hospital 
    routine care, essential community hospital services, and hospital case-
    mix changes for cost reporting periods beginning before October 1, 
    1983. In conjunction with these proposed changes, we stated that we 
    would incorporate the exemption requirements for new providers into 
    paragraph (e) of Sec. 413.30, redesignate subparagraphs under paragraph 
    (f) of Sec. 413.30, and make technical changes to references in 
    Secs. 413.30(f) and 413.35(b)(2).
        We received no comments on these proposals, and are therefore 
    adopting the changes as proposed.
    D. Payment Window for Hospitals and Hospital Units Excluded from the 
    Prospective Payment Systems (Sec. 413.40(c))
    
        On January 12, 1994, we published an interim final rule with 
    comment period to specify that inpatient hospital operating costs 
    include costs of certain preadmission services furnished by the 
    hospital (or by an entity that is wholly owned or operated by the 
    hospital) to the patient up to 3 days before the date of the patient's 
    admission to the hospital (59 FR 1654). The interim final rule 
    implemented section 4003 of the Omnibus Budget Reconciliation Act of 
    1990 (Public Law 101-508), which amended section 1886(a)(4) of the Act. 
    Because the definition of inpatient operating costs in section 
    1886(a)(4) of the Act applies to both prospective payment system 
    hospitals and hospitals excluded from the system, the January 12, 1994 
    interim final rule revised the regulations governing excluded hospitals 
    as well as those governing prospective payment hospitals. Specifically, 
    we revised Sec. 413.40(c)(2) of the regulations to reflect the 3-day 
    payment window as required by the statute. We received 11 comments in 
    response to this issue. Although we stated in the proposed rule that we 
    intended to address these comments in this final rule, we have revised 
    our plans. We will instead issue the final rule addressing the 3-day 
    payment window as a separate document to be published in the Federal 
    Register.
        On October 31, 1994, Congress enacted the Social Security Act 
    Amendments of 1994. Section 110 of that legislation amended section 
    1886(a)(4) of the Act to state that, for hospitals excluded from the 
    prospective payment system, the preadmission services to be included 
    are those furnished during the 1 day (not 3 days) before a patient's 
    admission.
        To implement this provision, we proposed to revise 
    Sec. 413.40(c)(2) to provide for a 1-day payment window for hospitals 
    and hospital units excluded from the prospective payment system. We 
    note that the term ``day'' refers to the calendar day immediately 
    preceding the date of admission, not the 24-hour time period that 
    immediately precedes the hour of admission.
        We received no comments on this proposal, and are therefore 
    adopting the changes as proposed.
    
    E. Ceiling on the Rate of Increase in Hospital Inpatient Costs 
    (Sec. 413.40(e) and (g))
    
        We proposed to revise Sec. 413.40(e)(1) to clarify that a request 
    for a payment adjustment must be received by a hospital's fiscal 
    intermediary no later than 180 days from the date of the notice of 
    program reimbursement (NPR). Currently, this section states that a 
    request must be ``made'' rather than ``received.'' We have consistently 
    interpreted the word ``made'' to mean ``received by the fiscal 
    intermediary'' since the original regulation was promulgated (47 FR 
    43282, September 30, 1982). However, use of the word ``made'' in 
    Sec. 413.40(e)(1) has resulted in varying interpretations of the timely 
    filing requirement by hospitals and their fiscal intermediaries. In the 
    interest of a uniform and consistent application of our policy, we 
    proposed to clarify the regulation by substituting ``received by the 
    hospital's fiscal intermediary'' for ``made'' in Sec. 413.40(e)(1).
        In Sec. 413.40(g)(1), we proposed to clarify the determination of 
    the amount of payment made to a hospital that receives a TEFRA 
    adjustment. Since October 1, 1991, a hospital with operating costs in 
    excess of its ceiling has been paid the ceiling plus an additional 
    amount, as provided at Sec. 413.40(d)(3). For these cost reporting 
    periods, a hospital receives some payment for costs in excess of the 
    ceiling. We also proposed to add a sentence to clarify that the amount 
    of payment made after a TEFRA adjustment may not exceed the difference 
    between a hospital's operating costs and the payment previously 
    allowed.
        Comment: We received two comments requesting that the postmark date 
    of the request be used as the determinant of whether the comment is 
    received timely. One commenter expressed concern about problems with 
    the intermediary's delivery procedures and delays in the mail room. 
    Both commenters requested that we use the postmark date to determine 
    timely filing of an exception request because it provides 
    ``incontrovertible proof'' that a request was made timely and is 
    consistent with a final rule published in the Federal Register on June 
    27, 1995 (60 FR 33137) with regard to timely filing of the cost report.
        One of the commenters also objected to our proposed policy of using 
    the receipt date by the intermediary, stating that HCFA often takes 18 
    months or longer to respond to exception requests. The commenter added 
    that a request based on sound merits should be 
    
    [[Page 45841]]
    considered whether it is received on the 180th or 181st day after the 
    notice of program reimbursement.
        Response: The commenter's statement regarding the use of a postmark 
    date for determining whether cost reports are considered timely filed 
    is based on language from our response to a comment in a final 
    regulation published in the Federal Register on June 27, 1995 (60 FR 
    33139) that extended the due dates for filing cost reports to five 
    months from the end of the cost reporting period. In that response, we 
    explained that we use the postmark date in the cost report context in 
    accordance with section 2219.4C of the Medicare Intermediary Manual.
        In the appeals context, however, there are certain statutes and 
    regulations that impact on our decision as to when payment exceptions 
    must be requested to be considered timely. While section 1886(b)(4)(A) 
    of the Act, which provides the Secretary with the authority to grant 
    exceptions to the per discharge limit, does not specify requirements 
    with regard to timely filing of an exception request, we believe it is 
    appropriate to examine section 1878 of the Act. That section addresses 
    timely filing of a hearing request with the Provider Reimbursement 
    Review Board (PRRB). Such a request, like an exception request, 
    involves a provider seeking reimbursement in addition to that set forth 
    in its notice of program reimbursement. For that reason, we believe 
    that our policy with regard to the timely filing of an exception 
    request should be consistent with section 1878 of the Act.
        Section 1878(a)(3) of the Act states that if a provider files a 
    request for a hearing within 180 days after notice of the 
    intermediary's final determination, the provider can obtain a hearing 
    with the PRRB. We note that Black's Law Dictionary defines the term 
    ``file'' as follows:
    
        To deposit in the custody or among the records of a court. To 
    deliver an instrument or other paper to the proper officer or 
    official for the purpose of being kept on file by him as a matter of 
    record or reference in the proper place.
    
        Accordingly, we are continuing to use the date received by the 
    intermediary to determine timely filing of an adjustment request by a 
    provider. Under this policy, intermediaries will date stamp requests 
    upon receipt, and we will consider the date stamped on the exception 
    request by the intermediary as the receipt date to determine timely 
    filing, unless the provider demonstrates that the intermediary received 
    the request on some other date. For example, a provider may mail 
    through an overnight delivery service a request that is not stamped 
    until the day after delivery. Where the provider can show that it was 
    delivered on the previous day the request will be considered timely.
        With regard to the comment that HCFA often takes 18 months or 
    longer to respond to exception requests, we regret these delays, which 
    have resulted from the significant volume of exception requests we have 
    received. We are making efforts to reduce the backlog and expedite 
    processing of exception requests. However, we do not agree that all 
    exception requests should be evaluated on their merits regardless of 
    whether they are received on the 180th or 181st day after the NPR. To 
    ensure effective administration of the program, intermediaries must 
    consistently apply the timely filing requirements.
        Comment: One commenter interprets our proposal to clarify that the 
    amount of payment made after a TEFRA adjustment may not exceed the 
    difference between a hospital's operating costs and the payment 
    previously allowed to mean that the TEFRA penalty payment would not 
    apply.
        Response: The commenter's interpretation is not correct. Our 
    proposal was intended only to ensure that total payments to an excluded 
    hospital or unit that receives an exception do not exceed total 
    inpatient operating costs. Currently, hospitals with costs above the 
    TEFRA limit receive their per discharge limit plus 50 percent of costs 
    in excess of the limit, up to 110 percent of the target amount. If the 
    hospital receives an adjustment to its TEFRA target amount, the amount 
    of penalty payment is recalculated based on the adjusted target amount. 
    Under our policy, the hospital could continue to receive the TEFRA 
    penalty payment and any additional adjustment amounts, but only up to 
    its total inpatient operating costs. Accordingly, the total payment 
    would not exceed total inpatient operating costs.
    
    VII. ProPAC Recommendations
    
        As required by law, we reviewed the March 1, 1995 report submitted 
    by ProPAC to Congress and gave its recommendations careful 
    consideration in conjunction with the proposals set forth in the 
    proposed rule. We also responded to the individual recommendations in 
    the proposed rule. The comments we received on the treatment of the 
    ProPAC recommendations are set forth below along with our responses to 
    those comments. However, if we received no comments from the public 
    concerning a ProPAC recommendation or our response to that 
    recommendation, we have not repeated the recommendation and response in 
    the discussion below. Recommendations 1, 4, and 5, concerning the 
    update factors for inpatient operating costs, the update factor for 
    hospitals paid on the basis of hospital-specific rates, and the update 
    factor for hospitals excluded from the prospective payment system and 
    distinct-part units, respectively, are discussed in Appendix C to this 
    final rule. Recommendations 2 and 3, concerning the update factors for 
    inpatient capital costs and the single operating and capital update 
    factor, respectively, are discussed in Section V of this final rule. 
    Recommendation 11, concerning improving Medicare transfer payment 
    policy, is discussed in section IV.A of the preamble. The remaining 
    recommendations on which we received comments are discussed below.
    A. Update to the Composite Rate for Dialysis Services (Recommendation 
    6)
    
        Recommendation: For FY 1996, the composite rate for dialysis 
    services should be updated to account for the following:
         The projected increase in the market basket index for 
    dialysis services, currently estimated at 3.7 percent;
         A net adjustment of zero percentage points for scientific 
    and technological advances and productivity; and
         A negative discretionary adjustment of 3.7 percentage 
    points to reflect the relationship between payments and estimated 
    fiscal year 1995 costs.
        This would result in an update of zero percent.
        Response in the Proposed Rule: We agree with ProPAC's 
    recommendation not to propose a payment rate increase for dialysis 
    services. ProPAC's cost analysis indicates that, in aggregate, Medicare 
    payments to independent dialysis facilities were about 12 percent 
    higher than their Medicare allowable costs, and thus there is no basis 
    to increase the composite rate. Furthermore, ProPAC concludes that 
    without documented explanations for reported higher costs in hospital-
    based facilities, it cannot justify a differential update for these 
    facilities.
        ProPAC's analysis of the 1993 unaudited cost data shows that 
    Medicare allowable costs for independent facilities are less than their 
    payment rate. Since 1983, the number of independent facilities has 
    continued to increase in response to growing patient demand, even 
    though payment rates have remained constant. As noted by ProPAC, the 
    margin between 
    
    [[Page 45842]]
    independent facilities' composite payment rates and their Medicare 
    allowable costs continues to decrease. Because of this trend, we will 
    closely monitor the costs of dialysis treatments as reported by 
    facilities on their cost reports. Further, if Medicare's conditions of 
    coverage are revised to include an adequacy of dialysis standard, we 
    will examine the need to adjust composite payment rates. The current 
    composite payment rates are mandated by statute.
        To improve the quality of the cost report data and to address 
    concerns about the cost report, we have revised the independent 
    facilities' cost report, Form HCFA 265-94. The new cost report 
    eliminates the allocation of the facility's overhead to the drug 
    recombinant human erythropoietin (EPO). In addition, we are revising 
    the independent cost reports edits. These edits would screen cost 
    report data to ensure that data elements outside edit ranges are 
    investigated by intermediaries.
        Comment: One commenter asserted that the difference in cost levels 
    between freestanding facilities and hospital-based renal facilities is 
    obvious; hospital-based renal facilities treat a more resource 
    intensive and complicated patient base. The commenter recommended 
    updating the composite payment rates using the hospital market basket 
    index.
        Response: ProPAC addressed this issue in its report. Its analysis 
    did not attribute the difference in cost to factors such as patient 
    mix, for which the composite payment rate system should compensate 
    renal facilities. Rather, it showed that the higher cost per treatment 
    in hospital-based facilities was due to higher labor expenses and the 
    method by which costs are allocated between inpatient and outpatient 
    departments. Differences between independent and hospital-based 
    facilities in quality of care and patient outcomes have not been 
    demonstrated. Patient data showed in the aggregate that there is no 
    difference between hospital and independent renal patient medical 
    populations. For renal facilities treating an atypical patient 
    population, there is an exception process. This process gives renal 
    facilities an opportunity, on a case by case basis, to demonstrate that 
    their payment rates should be adjusted to account for higher costs 
    attributable to differences in patient mix.
        Comment: ProPAC commends the Secretary's efforts to improve the 
    quality of cost report data by eliminating the allocation of 
    facilities' overhead to the drug recombinant human erythropoietin (EPO) 
    and by revising the independent cost report edits to screen cost report 
    data more effectively. The Commission believes, however, that annual 
    audits are necessary to develop the quality data needed to monitor 
    dialysis costs over time and to ensure that payments for dialysis 
    services are updated appropriately.
        Response: Audits are important to ensure the quality of cost 
    reporting data and would improve the quality of the data. However, 
    audits are expensive for HCFA and for renal facilities, and they only 
    correct the data being audited. The best way to improve the quality of 
    cost data is through education, such as that being conducted by the 
    National Renal Administrator Association. We are in the process of 
    developing a national standard to measure the adequacy of dialysis. We 
    will conduct audits once this standard is implemented. These audits 
    should then document the costs associated with improved dialysis care.
    
    B. Level of the Indirect Medical Education (IME) Adjustment to 
    Prospective Payment System Operating Payments (Recommendation 7)
    
        Recommendation: For FY 1996, the IME adjustment to prospective 
    payment system operating payments should be reduced by 13 percent, from 
    a 7.7 percent to a 6.7 percent increase for every 10 percent increment 
    in teaching intensity. Ultimately, the IME adjustment should be reduced 
    by about 40 percent, to a 4.5 percent increase for every 10 percent 
    increment in teaching intensity.
        Response in the Proposed Rule: ProPAC's IME estimate of 4.5 percent 
    represents a significant acceleration in the downward trend of its 
    estimates in the last several years (5.7 percent in 1992, 5.4 percent 
    in 1993, and 5.2 percent in 1994). Coupled with FY 1993 cost report 
    data showing major teaching hospitals' Medicare operating margins 
    (difference between payments and costs as a percentage of payments) 
    rising to over 11 percent, this declining IME estimate adds to the 
    argument that the current adjustment is too high. Legislation would be 
    required to reduce the IME adjustment. However, savings proposals of 
    this sort would only be appropriate in the context of health care 
    reform.
        Comment: ProPAC's comment largely reiterated the discussion 
    contained in its March 1995 report. ProPAC did indicate that, contrary 
    to our assertion that its IME estimate of 4.5 percent represents an 
    acceleration in the downward trend of its recent estimates, this 
    apparent downward trend reflects its ``continuing efforts to improve 
    both the methods used to analyze this relationship and the accuracy of 
    the resulting estimates.'' The Commission's comment goes on to indicate 
    that, applying its current estimating methodology to prior year's data, 
    ``the results do not vary much from the current 4.5 percent estimate.
        Response: We agree that, in our June 2, 1995 response to ProPAC's 
    recommendation, we may have misinterpreted ProPAC's most recent IME 
    estimates as indicating an accelerating downward trend. Upon further 
    discussion with ProPAC, it appears that, rather than a declining 
    relationship over time, the decline in the most recent estimate results 
    from a change in how ProPAC controls for cost differences resulting 
    from hospital location (that is, large urban, other urban or rural). 
    Specifically, in its most recent estimate, ProPAC included dummy 
    variables in the regression to indicate that a hospital is located in a 
    large or other urban area, rather than standardizing the dependent 
    variable costs per discharge for differences in the standardized 
    amounts.
    
    C. Making DRG Payment Rates More Accurate (Recommendation 9)
    
        Recommendation: The Secretary should implement, as soon as 
    practicable, the DRG severity refinements developed by HCFA. At the 
    same time, she should improve the accuracy of basic DRG payment rates 
    and outlier payments by changing the methods used to calculate the DRG 
    relative weights. The weights should be based on the national average 
    of hospital-specific relative values for all cases in each DRG, rather 
    than the national average standardized charge per case.
        Response in the Proposed Rule: In the May 27, 1994 proposed rule 
    (59 FR 27716), we announced the availability of a paper we prepared 
    that describes our preliminary severity DRG classification system and 
    the analysis upon which our proposal was formulated. Based on the 100 
    comments we received on that paper, we are further analyzing and 
    adjusting the severity DRG classifications. We are also examining the 
    stability of the severity classifications over time. We agree with the 
    Commission's judgment that adopting the severity DRGs would tend to 
    reduce current discrepancies between payments and costs for individual 
    cases and thereby improve payment equity among hospitals. We therefore 
    remain committed to implementing the severity DRG classification system 
    as soon as possible. (See discussion in Section II.B of this preamble.) 
    
    
    [[Page 45843]]
    
        We also agree with the Commission that basing DRG weights on 
    standardized charges results in weights that are somewhat distorted as 
    measures of the relative costliness of treating a typical case in each 
    DRG. The Commission notes several sources of distortion, including the 
    following: systematic differences among hospitals in cost-to-charge 
    ratios; variation in mark-ups for services across hospitals; variation 
    among DRGs in the average mark-up implicit in case level charges; 
    standardization factors that inaccurately represent cost differences 
    among hospitals; and the absence of adjustments to account for factors 
    such as variations in practice patterns and efficiency. We recognize 
    that the hospital-specific relative value method of setting weights may 
    reduce or eliminate distortions from these sources, and we are studying 
    its effect on DRG weights and hospital payments.
        The Commission also addresses two issues regarding current outlier 
    financing policies: (1) how to account for outlier payments in setting 
    a DRG weight that accurately reflects the relative costliness of 
    treatment for typical cases; and (2) how to finance outlier payments so 
    that the burden of treating such cases is spread fairly among all 
    hospitals. We are studying these issues and look forward to working 
    with ProPAC to find solutions.
        Because the effects on DRG weights of implementing DRG severity 
    refinements and changing the methods used to calculate DRG relative 
    weights are interactive, we believe that appropriate changes should be 
    adopted concurrently. However, as stated in the final rule published on 
    September 1, 1992 (57 FR 39761) and in subsequent rules, as well as in 
    this rule, we would not make significant changes to the DRG 
    classification system unless we are able either to improve our ability 
    to predict coding changes by validating in advance the impact that 
    potential DRG changes may have on coding behavior, or to make 
    methodological changes to prevent building the inflationary effects of 
    the coding changes into future program payments. (See comment and 
    response following Recommendation 10 below).
    D. Improving Annual Update Policies (Recommendation 10):
    
        Recommendation: The Secretary should be given authority to adjust 
    the standardized amounts if anticipated coding improvements would 
    increase aggregate payments by more than 0.25 percent during the coming 
    year. This adjustment should be separate from the annual update. It 
    should be based on findings from empirical analysis of the new HCFA 
    data base of reabstracted medical records. Once sufficient data are 
    available, the Secretary should also make a correction if there is more 
    than a 0.1 percentage point error in a previous adjustment.
        Response in the Proposed Rule: We agree with ProPAC that 
    anticipated coding changes should be taken into account and that the 
    most appropriate method for recognizing valid increases in case mix as 
    a result of improved coding practices is within the framework of the 
    standardized payment amount. We acknowledge, with ProPAC, that shifts 
    in the mix of cases among DRGs may result from changes in practice 
    patterns, new technology, or variations in the incidence of illness, as 
    well as changes in the coding of diagnoses and procedures.
        As ProPAC states, under section 1886(d)(4)(C) of the Act, we are 
    required to make DRG reclassification and recalibration changes in a 
    budget neutral manner. To meet this requirement, we normalize the DRG 
    relative weights so that, for the discharges in the data base, the 
    average DRG weights before and after reclassification and recalibration 
    are equal. The recalibration of the DRG weights is accompanied by a 
    budget neutrality adjustment to the standardized payment amount to 
    ensure that estimated aggregate payments remain unchanged.
        We share ProPAC's concern that introduction of any major 
    modification to the DRG classification system will result in major 
    shifts in the distribution of cases among the DRGs. Because the 
    severity refinements to the DRGs would create many new DRGs with 
    relatively high weights, there will be increased incentive to hospitals 
    to report those secondary diagnoses that result in assignment to the 
    higher weighted DRG. We agree with ProPAC that this is not 
    inappropriate and is indeed anticipated. We further agree that we need 
    to ensure that hospitals are fairly compensated for increases in costs 
    that reflect real increases in the level of severity of illness of 
    their patient population.
        In order to protect the Medicare program from payment increases 
    that are a consequence of improved coding practices that do not reflect 
    a real increase in case mix, we have developed a methodology that would 
    recalibrate the DRG relative weight to 1.0 each year, thus eliminating 
    the normalization process and the concomitant inflationary adjustment 
    to the DRG weights. This would prohibit upcoding and other coding 
    improvements from having an impact on the DRG relative weight. To 
    account for real case-mix increases, we have recommended an annual 
    upward adjustment to the standardized amounts equal to the lesser of 
    the total observed case-mix increase or 1.0 percent. Anticipated case-
    mix change due to upcoding would be accounted for through a prospective 
    adjustment to the standardized amounts. This adjustment would be for 
    one year at a time and would not be cumulative.
        ProPAC recommends that an ongoing data base of reabstracted medical 
    records be used to estimate the real and coding components of case-mix 
    change and provide the basis for forecasting future coding changes. 
    HCFA has recently implemented a record reabstracting process being 
    conducted by two clinical data abstraction centers (CDACs) under 
    contract with the Health Standards and Quality Bureau (HSQB). The CDACs 
    will review a national random sample of 30,000 records per year from 
    the National Case History file, gathered on a monthly basis. Registered 
    Record Administrators (RRAs) and Associate Record Technicians (ARTs) 
    will reabstract the medical record and perform complete record medical 
    coding, which will be stored with the original coding.
        We will evaluate the results of this reabstracting process before 
    making a decision to base adjustments for anticipated coding changes 
    only on this data base. Our estimate of an annual real case-mix 
    increase of 1.0 percent is supported by past studies of case-mix change 
    by the Rand Corporation. The most recent study by RAND, ``Has DRG Creep 
    Crept Up? Decomposing the Case Mix Index Change Between 1987 and 
    1988'', by G.M. Carter, J.P. Newhouse and D.A. Relles, R-4098-HCFA/
    ProPAC (1991), uses medical records from those Federal fiscal years, 
    using consistent standards, to determine real case-mix change.
        As we pursue options and alternatives to payment adjustments to 
    account for real case-mix increases, we will take into consideration 
    ProPAC's recommendations to limit adjustments to those occasions in 
    which coding changes would increase aggregate payments by more than 
    0.25 percent or when forecasts differ from observed, actual experience 
    by more than 0.1 percent. We note, also, that we are considering a 
    number of related modifications to the calculation of the DRG relative 
    weights that will have an impact on the prospective payment rates. (See 
    response to ProPAC Recommendation 9, above.)
        Comment: In its comment on our response to ProPAC Recommendation 9 
    
    [[Page 45844]]
        and 10 (Improvements in the DRG Payment Rates and Annual Update 
    Policies), the Commission indicated that it continues to believe that 
    refinements to the DRG definitions and relative weights should be 
    implemented as soon as possible. While the Commission agrees that 
    adopting the refined DRGs could lead to changes in hospital coding 
    behavior, it states that recalibrating the weights annually to 1.0 in 
    not necessary to protect Medicare from the effects of coding change. 
    ProPAC believes this may actually interfere with reducing the program's 
    financial risk if it is perceived as an arbitrary means of reducing 
    spending. Additionally, it does not believe that limiting future 
    increases in payments to the lesser of the measured real change or 1.0 
    percent is plausible if the real change turns out to be higher.
        The Commission, although stating appreciation of our desire to 
    evaluate the new reabstracted data base, states that this data base 
    exceeds the size and representativeness of any data base previously 
    used to determine adjustments for coding change. ProPAC reiterates its 
    recommendation that an adjustment, separate from the annual update, be 
    applied in situations when changes in coding, anticipated in response 
    to major revisions in the DRG definitions or the relative weights, are 
    expected to lead to an increase in aggregate payments of at least 0.25 
    percent. The projected effect of changes in coding would be based on 
    empirical analysis of the reabstracted medical records available to 
    HCFA, and corrections would be made when significant forecast errors 
    are detected.
        Response: Although we agree with the Commission that these policy 
    changes will improve equitable payment across hospitals, we believe it 
    would be irresponsible for HCFA to implement the severity adjustment to 
    the DRGs before we are able to predict or control the impact of coding 
    changes on final DRG assignment and, thus, on payment. We do not agree 
    that recalibration of the DRG relative weights to 1.0 will be perceived 
    as arbitrary. With sufficient understanding of the rationale and 
    results, as well as of the other modifications to the payment rate and 
    DRG weights, the health care community should appreciate our efforts to 
    identify and measure real case-mix increases. Nor do we agree that our 
    rationale for limiting adjustments to the standardized amounts for real 
    change in case mix to the lesser of the measured real change or 1.0 
    percent is not plausible. As stated in the proposed rule (60 FR 29247), 
    our estimate of annual real case-mix increase of 1.0 percent is 
    supported by past studies of case-mix change by RAND. We are willing to 
    re-examine this issue, if empirical evidence provided through analysis 
    of the reabstracted data from the clinical data abstraction centers 
    (CDACs) demonstrates that real case-mix change is significantly more or 
    less than 1.0 percent.
        As discussed in section II.B. of this preamble, collection of data 
    from the CDACs has recently been implemented, and we will evaluate the 
    results of this reabstracting process. Only through this evaluation 
    will we be able to confirm the reliability and validity of these data 
    as a basis for predicting case-mix increases. We will consider ProPAC's 
    recommendations to adjust the standardized amount only when coding 
    changes increase aggregate payments by more than 0.25 percent. However, 
    we believe it is prudent and responsible policy to defer DRG changes, 
    as well as adjustments in anticipation of coding changes, until such 
    adjustments can be based on empirical analysis of the reabstracted 
    medical records. As noted by ProPAC in its recommendations, the current 
    statute prevents us from making any adjustment to the standardized 
    amount to account for coding improvements.
    VIII. Other Required Information
    
    A. Paperwork Reduction Act
    
        Under the Paperwork Reduction Act of 1995, agencies are required to 
    provide 60-day notice in the Federal Register and solicit public 
    comment before a collection of information requirement is submitted to 
    the Office of Management and Budget (OMB) for review and approval. In 
    order to fairly evaluate whether an information collection should be 
    approved by OMB, section 3506(c)(2)(A) of the Paperwork Reduction Act 
    of 1995 requires that we solicit comment on the following issues:
         Whether the information collection is necessary and useful 
    to carry out the proper functions of the agency;
         The accuracy of the agency's estimate of the information 
    collection burden;
         The quality, utility, and clarity of the information to be 
    collected; and
         Recommendations to minimize the information collection 
    burden on the affected public, including automated collection 
    techniques.
    Therefore, we are soliciting public comment on each of these issues for 
    the two information collection requirements discussed below.
        As discussed in detail in section IV.B of this preamble, we are 
    eliminating the requirement under Sec. 412.46(a) that a physician sign 
    an attestation statement for each Medicare patient discharged from a 
    hospital. When the prospective payment system for hospitals was 
    established in 1983, we believed that the physician attestation 
    statement was a valuable tool for ensuring the validity of DRG claims. 
    Over the years, however, we have received many complaints from both 
    hospitals and physicians concerning the administrative burden of 
    completing the attestation statements. Moreover, in practice, review of 
    attestation statements by the Peer Review Organizations (PROs) as a 
    part of DRG validation review has resulted in less than a 0.01 percent 
    denial rate of sampled claims. Therefore, we believe it is now 
    appropriate to eliminate the physician attestation requirement. Also, 
    we note that the Administration has identified the elimination of 
    physician attestation as one of its health care regulatory reforms.
        This change would reduce significantly the paperwork and 
    information collection burden on physicians and hospitals. We estimate 
    that currently physicians spend about 192,000 hours per year completing 
    attestations. This estimate is based on 11,500,000 hospital inpatient 
    claims per year and 1 minute of physician time per claim. In addition, 
    any time that hospitals spend following up on overdue and unsigned 
    attestations would also be saved.
        The only remaining requirement under Sec. 412.46 is that a hospital 
    have on file a signed statement from each attending physician 
    acknowledging that he or she has received a notice from the hospital 
    explaining the penalties applicable for misrepresenting, falsifying, or 
    concealing essential information required for payment. We estimate that 
    this requirement imposes on physicians and hospitals a shared one-time 
    burden of 5 minutes for acknowledgement for each physician that gains 
    admitting privileges. We further estimate that no more than 1-2 percent 
    of the nation's roughly 700,000 active physicians gain admitting 
    privileges at a hospital each year, resulting in an estimated annual 
    burden of approximately 1,200 hours.
        Under Sec. 412.106(b)(3), for purposes of the DSH adjustment, a 
    hospital's Medicare Part A/SSI percentage may be calculated based on 
    its cost reporting period rather than the Federal fiscal year. (See 
    section IV.E of the preamble.) Under current policy, a hospital must 
    submit, in machine-readable format, data on its Medicare Part A 
    patients for its cost reporting period. As discussed in detail in the 
    preamble, this process has not resulted in accurate recalculations of 
    the disproportionate 
    
    [[Page 45845]]
    patient percentages, and thus requiring hospitals to submit data has 
    not proven useful or necessary. Therefore, we are revising this 
    requirement to provide that hospitals need only make a written request 
    for the recalculation and need not submit the data. We estimate that 
    the current burden associated with submitting the data is approximately 
    24 hours per request. Under the revision, we estimate a burden of 1 
    hour per request. Based on an estimate of 12 requests per year, the 
    total burden will be 12 hours, in comparison to the current total 
    burden of approximately 288 hours.
        These information collection and recordkeeping requirements are not 
    effective until they have been approved by OMB. A notice will be 
    published in the Federal Register when approval is obtained. 
    Organizations and individuals desiring to submit comments on these 
    information collection and recordkeeping requirements should direct 
    them to the Office of Management and Budget, Human Resources and 
    Housing Branch, Room 10235, New Executive Office Building, Washington, 
    D.C., 20503, Attention: Allison Eydt, HCFA Desk Officer.
    
    B. Requests for Data From the Public
    
        In order to respond promptly to public requests for data related to 
    the prospective payment system, we have set up a process under which 
    commenters can gain access to the raw data on an expedited basis. 
    Generally, the data are available in computer tape format or 
    cartridges; however, some files are available on diskette. In our June 
    2, 1995 proposed rule, we published a list of data sets that are 
    available for purchase (60 FR 29249). We received no comments 
    concerning this process.
    
    C. Waiver of Notice of Proposed Rulemaking and 30-Day Delay in the 
    Effective Date for the Elimination of the Physician Attestation 
    Requirement
    
        We ordinarily publish a notice of proposed rulemaking for a rule to 
    provide a period for public comment. However, we may waive that 
    procedure if we find good cause that prior notice and comment are 
    impractical, unnecessary, or contrary to public interest. We find good 
    cause to implement this rule as a final rule because the delay involved 
    in prior notice and comment procedures for the new provisions of this 
    rule would be contrary to the public interest.
        One provision of this rule that was not part of our June 2, 1995 
    proposed rule is the elimination of the requirement in 42 CFR 
    Sec. 412.46(a) that a physician sign an attestation statement for each 
    Medicare patient discharged from a hospital. Although this change was 
    not part of the proposed rule, we received close to 1,000 letters from 
    physicians and hospitals requesting that we eliminate the physician 
    attestation requirement. As discussed above, this change will reduce 
    significantly the paperwork and information collection burden on 
    physicians and hospitals. We believe that it is appropriate to 
    implement this revision as part of this final rule as the most 
    expeditious means of removing this burden on physicians and hospitals. 
    Thus, particularly in view of the many unsolicited letters we have 
    already received on this subject, we find that the delay involved in 
    prior notice and comment would be contrary to the public interest. 
    Therefore, we have concluded that it is appropriate to implement the 
    revisions to Sec. 412.46 as final in this instance.
        We also normally provide a delay of 30 days in the effective date 
    of a regulation. However, if adherence to this procedure would be 
    impractical, unnecessary, or contrary to public interest, we may waive 
    the delay in the effective date. We may also waive the delay in the 
    case of a rule that grants an exemption or relieves a restriction. We 
    find good cause to waive the usual 30-day delay in this instance. As 
    explained above, it is in the public interest for the elimination of 
    the physician attestation requirement to take effect as soon as 
    possible. A 30-day delay in the effective date would only extend 
    unnecessarily an onerous requirement on physicians and hospitals. 
    Therefore, we believe that a 30-day delay in the effective date for 
    this provision would be contrary to the public interest, and we find 
    good cause to waive the usual 30-day delay in the effective date.
    
    D. Waiver of Notice of Proposed Rulemaking for Allowing the Provision 
    of Skilled Nursing Facility (SNF) Services by Rural Primary Care 
    Hospitals (RPCHs)
    
        In addition to the elimination of the physician attestation 
    requirement under Sec. 412.46, this final rule contains one other 
    provision that was not included in the June 2, 1995 proposed rule. 
    Specifically, the proposed rule did not include the changes contained 
    in this final rule to Sec. 485.645, Special requirements for RPCH 
    providers of long-term care services (``swing beds''). As noted above, 
    we ordinarily publish a notice of proposed rulemaking for a substantive 
    rule to provide a period of public comment. Again, however, we may 
    waive that procedure if we find good cause that prior notice and 
    comment are impractical, unnecessary, or contrary to public interest.
        As explained in detail in section IV.G of this preamble, effective 
    October 31, 1994, section 102(c) of the Social Security Act Amendments 
    of 1994 (SSAA '94) allows a hospital with a swing-bed agreement in 
    effect when it applies for RPCH designation to maintain as many beds 
    for the furnishing of SNF-level services as it had on its hospital 
    license when it applied to the State for designation as a RPCH, minus 
    the number of inpatient beds (not to exceed six) used for the provision 
    of RPCH inpatient care. The new legislation further states that the 
    number of beds the facility uses for SNF-level care is not to include 
    any beds of a unit of the facility that is licensed as a distinct-part 
    SNF at the time the facility applies to the State for designation as a 
    RPCH. To implement this provision, we are amending Sec. 485.645 to 
    reflect the new statutory language. We also are providing that swing-
    bed RPCHs that applied for RPCH designation before October 31, 1994, 
    may either continue to provide care in accordance with the prior 
    provisions of the regulations or request redesignation under the new 
    provisions.
        The regulations published in final in this rule implement the 
    provisions of section 102(c) of SSAA '94 as the statute intends. The 
    statutory effective date of the provisions of section 102(c) is October 
    31, 1994, and several facilities have indicated an interest in being 
    designated as RPCHs under the new provisions. Moreover, we believe 
    these changes may be necessary to assure access to SNF-level care in 
    rural areas. Thus, we believe that it is both unnecessary and contrary 
    to the public interest to delay implementation of these provisions 
    until the process of publishing both a proposed and a final rule can be 
    completed. Therefore, we find good cause to waive proposed rulemaking 
    for the revised requirements set forth under Sec. 485.645 and to issue 
    these regulations as final. However, we are providing a 60-day period 
    for public comment, as indicated at the beginning of this rule, on the 
    changes to Sec. 485.645.
    
    E. Response to Comments
    
        Because of the large number of items of correspondence we normally 
    receive on Federal Register documents published for comment, we are not 
    able to acknowledge or respond to them individually. We will consider 
    all comments we receive by the date and time specified in the DATES 
    section of this preamble, and we will respond to these comments in 
    subsequent rulemaking document. Comments on 
    
    [[Page 45846]]
    changes to the revised requirements under Sec. 485.645 will be 
    considered if we receive them by the date specified in the DATES 
    section of this preamble. We will not consider comments concerning 
    provisions that remain unchanged from the June 2, 1995 proposed rule or 
    that were changed based on public comments.
    List of Subjects
    
    42 CFR Part 412
    
        Administrative practice and procedure, Health facilities, Medicare, 
    Puerto Rico, Reporting and recordkeeping requirements.
    
    42 CFR Part 413
    
        Health facilities, Kidney diseases, Medicare, Puerto Rico, 
    Reporting and recordkeeping requirements.
    
    42 CFR Part 424
    
        Emergency medical services, Health facilities, Health professions, 
    Medicare.
    
    42 CFR Part 485
    
        Grant programs-health, Health facilities, Medicaid, Medicare, 
    Reporting and recordkeeping requirements.
    
    42 CFR Part 489
    
        Health facilities, Medicare, Reporting and recordkeeping 
    requirements.
    
        42 CFR chapter IV is amended as set forth below:
        A. Part 412 is amended as follows:
    
    PART 412--PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL 
    SERVICES
    
        1. The authority citation for part 412 continues to read as 
    follows:
    
        Authority: Secs. 1102, 1815(e), 1820, 1871, and 1886 of the 
    Social Security Act (42 U.S.C. 1302, 1395g(e), 1395i-4, 1395hh, and 
    1395ww).
    
    Subpart A--General Provisions
    
        2. Section 412.4 is amended as follows:
        a. In the first sentence of paragraph (d)(1), the phrase ``is paid 
    a per diem rate'' is removed and the phrase ``is paid a graduated per 
    diem rate'' is added in its place.
        b. In paragraph (d)(1), a new sentence is added at the end of the 
    paragraph.
        The addition reads as follows:
    
    
    Sec. 412.4  Discharges and transfers.
    
    * * * * *
        (d) Payment to a hospital transferring an inpatient to another 
    hospital. (1) * * * Payment is graduated by paying twice the per diem 
    amount for the first day of the stay, and the per diem amount for each 
    subsequent day, up to the limit as described in paragraph (d)(1) of 
    this section.
    * * * * *
    Subpart B--Hospital Services Subject to and Excluded from the 
    Prospective Payment Systems for Inpatient Operating Costs and 
    Inpatient Capital-Related Costs
    
        3. Section 412.23 is amended as follows:
        a. Paragraphs (e)(2) and (e)(3) are revised.
        b. In paragraph (e)(4), the phrase ``in paragraphs (e)(3) of this 
    section'' is removed and the phrase ``in paragraph (e)(3) of this 
    section'' is added in its place.
        The revisions read as follows:
    
    
    Sec. 412.23  Excluded hospitals: Classifications.
    
    * * * * *
        (e) Long-term care hospitals. * * *
        (2) The hospital must have an average length of inpatient stay 
    greater than 25 days--
        (i) As computed by dividing the number of total inpatient days 
    (less leave or pass days) by the number of total discharges for the 
    hospital's most recent complete cost reporting period;
        (ii) If a change in the hospital's average length of stay is 
    indicated, as computed by the same method for the immediately preceding 
    6-month period; or
        (iii) If a hospital has undergone a change of ownership (as 
    described in Sec. 489.18 of this chapter) at the start of a cost 
    reporting period or at any time within the preceding 6 months, the 
    hospital may be excluded from the prospective payment system as a long-
    term care hospital for a cost reporting period if, for the 6 months 
    immediately preceding the start of the period (including time before 
    the change of ownership), the hospital has the required average length 
    of stay, continuously operated as a hospital, and continuously 
    participated as a hospital in Medicare.
        (3) Except as provided in paragraph (e)(4) of this section, for 
    cost reporting periods beginning on or after October 1, 1994, a 
    hospital that occupies space in a building also used by another 
    hospital, or in one or more entire buildings located on the same campus 
    as buildings used by another hospital, must meet the following 
    criteria:
        (i) Separate governing body. The hospital has a governing body that 
    is separate from the governing body of the hospital occupying space in 
    the same building or on the same campus. The hospital's governing body 
    is not under the control of the hospital occupying space in the same 
    building or on the same campus, or of any third entity that controls 
    both hospitals.
        (ii) Separate chief medical officer. The hospital has a single 
    chief medical officer who reports directly to the governing body and 
    who is responsible for all medical staff activities of the hospital. 
    The chief medical officer of the hospital is not employed by or under 
    contract with either the hospital occupying space in the same building 
    or on the same campus or any third entity that controls both hospitals.
        (iii) Separate medical staff. The hospital has a medical staff that 
    is separate from the medical staff of the hospital occupying space in 
    the same building or on the same campus. The hospital's medical staff 
    is directly accountable to the governing body for the quality of 
    medical care provided in the hospital, and adopts and enforces bylaws 
    governing medical staff activities, including criteria and procedures 
    for recommending to the governing body the privileges to be granted to 
    individual practitioners.
        (iv) Chief executive officer. The hospital has a single chief 
    executive officer through whom all administrative authority flows, and 
    who exercises control and surveillance over all administrative 
    activities of the hospital. The chief executive office is not employed 
    by, or under contract with, either the hospital occupying space in the 
    same building or on the same campus or any third entity that controls 
    both hospitals.
        (v) Performance of basic hospital functions. The hospital meets one 
    of the following criteria:
        (A) The hospital performs the basic functions specified in 
    Secs. 482.21 through 482.27, 482.30, and 482.42 of this chapter through 
    the use of employees or under contracts or other agreements with 
    entities other than the hospital occupying space in the same building 
    or on the same campus, or a third entity that controls both hospitals. 
    Food and dietetic services and housekeeping, maintenance, and other 
    services necessary to maintain a clean and safe physical environment 
    could be obtained under contracts or other agreements with the hospital 
    occupying space in the same building or on the same campus, or with a 
    third entity that controls both hospitals.
        (B) For the same period of at least 6 months used to determine 
    compliance with the length-of-stay criterion in paragraph (e)(2) of 
    this section, the cost of the services that the hospital obtained under 
    contracts or other agreements 
    
    [[Page 45847]]
    with the hospital occupying space in the same building or on the same 
    campus, or with a third entity that controls both hospitals, is no more 
    than 15 percent of the hospital's total inpatient operating costs, as 
    defined in Sec. 412.2(c). For purposes of this paragraph, however, the 
    costs of preadmission services are those specified under 
    Sec. 413.40(c)(2) rather than those specified under Sec. 412.2(b)(5).
        (C) For the same period of at least 6 months used to determine 
    compliance with the length-of-stay criterion in paragraph (e)(2) of 
    this section, the hospital has an inpatient population of whom at least 
    75 percent were referred to the hospital from a source other than 
    another hospital occupying space in the same building or on the same 
    campus.
    * * * * *
        4. In Sec. 412.29, the introductory text is republished, and 
    paragraph (a) is revised to read as follows:
    
    
    Sec. 412.29  Excluded rehabilitation units: Additional requirements.
    
        In order to be excluded from the prospective payment systems, a 
    rehabilitation unit must meet the following requirements:
        (a) Have met either the requirements for--
        (1) New units under Sec. 412.30(a); or
        (2) Converted units under Sec. 412.30(b).
    * * * * *
        5. Section 412.30 is amended as follows:
        a. Paragraph (a) is revised.
        b. Paragraphs (b) and (c) are redesignated as paragraphs (c) and 
    (d).
        c. A new paragraph (b) is added.
        d. Redesignated paragraph (c) is revised.
        e. In redesignated paragraph (d), the phrase ``under paragraph (b) 
    of this section,'' is removed and the phrase ``under paragraph (c) of 
    this section,'' is added in its place.
        The revisions and addition read as follows:
    
    
    Sec. 412.30  Exclusion of new rehabilitation units and expansion of 
    units already excluded.
    
        (a) New units. (1) A hospital unit is considered a new unit if the 
    hospital--
        (i) Has not previously sought exclusion for any rehabilitation 
    unit; and
        (ii) Has obtained approval, under State licensure and Medicare 
    certification, for an increase in its hospital bed capacity that is 
    greater than 50 percent of the number of beds in the unit.
        (2) A hospital that seeks exclusion of a new rehabilitation unit 
    may provide a written certification that the inpatient population the 
    hospital intends the unit to serve meets the requirements of 
    Sec. 412.23(b)(2) instead of showing that the unit has treated such a 
    population during the hospital's most recent cost reporting period.
        (3) The written certification described in paragraph (a)(2) of this 
    section is effective for the first full cost reporting period during 
    which the unit is used to provide hospital inpatient care. If the 
    hospital has not previously participated in the Medicare program as a 
    hospital, the written certification also is effective for any cost 
    reporting period of not less than 1 month and not more than 11 months 
    occurring between the date the hospital began participating in Medicare 
    and the start of the hospital's regular 12-month cost reporting period.
        (4) A hospital that has undergone a change of ownership or leasing 
    as defined in Sec. 489.18 of this chapter is not considered to have 
    participated previously in the Medicare program.
        (b) Converted units. A hospital unit is considered a converted unit 
    if it does not qualify as a new unit under paragraph (a) of this 
    section. A converted unit must have treated, for the hospital's most 
    recent 12-month cost reporting period, an inpatient population of which 
    at least 75 percent required intensive rehabilitation services for the 
    treatment of one or more conditions listed under Sec. 412.23(b)(2).
        (c) Expansion of excluded rehabilitation units.
        (1) New bed capacity. The beds that a hospital seeks to add to its 
    excluded rehabilitation unit are considered new beds only if--
        (i) The hospital's State-licensed and Medicare-certified bed 
    capacity increases at the start of the cost reporting period for which 
    the hospital seeks to increase the size of its excluded rehabilitation 
    unit, or at any time after the start of the preceding cost reporting 
    period; and
        (ii) The number of beds the hospital seeks to add to its excluded 
    rehabilitation unit is greater than 50 percent of the number of beds by 
    which the hospital's State licensed and Medicare certified bed capacity 
    increased under paragraph (c)(1)(i) of this section.
        (2) Conversion of existing bed capacity.
        (i) Bed capacity is considered to be existing bed capacity if it 
    does not meet the definition of new bed capacity under paragraph (c)(1) 
    of this section.
        (ii) A hospital may increase the size of its excluded 
    rehabilitation unit through conversion of existing bed capacity only if 
    it shows that, for all of the hospital's most recent cost reporting 
    period of at least 12 months, the beds have been used to treat an 
    inpatient population meeting the requirements of Sec. 412.23(b)(2).
    * * * * *
    
    Subpart C--Conditions for Payment Under the Prospective Payment 
    Systems for Inpatient Operating Costs and Inpatient Capital-Related 
    Costs
    
        6. Section 412.46 is revised to read as follows:
    
    
    Sec. 412.46  Medical review requirements: Physician acknowledgement.
    
        (a) Basis. Because payment under the prospective payment system is 
    based in part on each patient's principal and secondary diagnoses and 
    major procedures performed, as evidenced by the physician's entries in 
    the patient's medical record, physicians must complete an 
    acknowledgement statement to this effect.
        (b) Content of physician acknowledgement statement. When a claim is 
    submitted, the hospital must have on file a signed and dated 
    acknowledgement from the attending physician that the physician has 
    received the following notice:
    
        Notice to Physicians: Medicare payment to hospitals is based in 
    part on each patient's principal and secondary diagnoses and the 
    major procedures performed on the patient, as attested to by the 
    patient's attending physician by virtue of his or her signature in 
    the medical record. Anyone who misrepresents, falsifies, or conceals 
    essential information required for payment of Federal funds, may be 
    subject to fine, imprisonment, or civil penalty under applicable 
    Federal laws.
    
        (c) Completion of acknowledgement. The acknowledgement must be 
    completed by the physician at the time that the physician is granted 
    admitting privileges at the hospital, or before or at the time the 
    physician admits his or her first patient. Existing acknowledgements 
    signed by physicians already on staff remain in effect as long as the 
    physician has admitting privileges at the hospital.
    
    Subpart D--Basic Methodology for Determining Prospective Payment 
    Federal Rates for Inpatient Operating Costs
    
        7. In Sec. 412.63, a new paragraph (s)(5) is added to read as 
    follows:
    Sec. 412.63  Federal rates for inpatient operating costs for fiscal 
    years after Federal fiscal year 1984.
    
    * * * * *
        (s) * * *
        (5) If a judicial decision reverses a HCFA denial of a hospital's 
    wage data revision request, HCFA pays the 
    
    [[Page 45848]]
    hospital by applying a revised wage index that reflects the revised 
    wage data as if HCFA's decision had been favorable rather than 
    unfavorable.
    
    Subpart G--Special Treatment of Certain Facilities Under the 
    Prospective Payment System for Inpatient Operating Costs
    
    
    Sec. 412.92  [Amended]
    
        8. In paragraph (b)(5) of Sec. 412.92, remove the phrase ``under 
    Sec. 413.30(e)(1) of this chapter'', wherever it appears.
        9. In Sec. 412.96, the first sentence of paragraph (c)(2)(ii) is 
    revised to read as follows:
    
    
    Sec. 412.96  Special treatment: Referral centers.
    
    * * * * *
        (c) * * *
        (2) * * *
        (ii) For cost reporting periods beginning on or after January 1, 
    1986, an osteopathic hospital, recognized by the American Osteopathic 
    Healthcare Association (or any successor organization), that is located 
    in a rural area must have at least 3,000 discharges during its most 
    recently completed cost reporting period to meet the number of 
    discharges criterion. * * *
    * * * * *
        10. In Sec. 412.105, paragraph (b) is revised to read as follows:
    
    
    Sec. 412.105  Special treatment: Hospitals that incur indirect costs 
    for graduate medical education programs.
    
    * * * * *
        (b) Determination of number of beds. For purposes of this section, 
    the number of beds in a hospital is determined by counting the number 
    of available bed days during the cost reporting period, not including 
    beds or bassinets in the healthy newborn nursery, custodial care beds, 
    or beds in excluded distinct part hospital units, and dividing that 
    number by the number of days in the cost reporting period.
    * * * * *
        11. In Sec. 412.106, paragraph (b)(3) is revised to read as 
    follows:
    
    
    Sec. 412.106 Special treatment: Hospitals that serve a disproportionate 
    share of low-income patients.
    
    * * * * *
        (b) * * *
        (3) First computation: Cost reporting period. If a hospital prefers 
    that HCFA use its cost reporting period instead of the Federal fiscal 
    year, it must furnish to HCFA, through its intermediary, a written 
    request including the hospital's name, provider number, and cost 
    reporting period end date. This exception will be performed once per 
    hospital per cost reporting period, and the resulting percentage 
    becomes the hospital's official Medicare Part A/SSI percentage for that 
    period.
    * * * * *
        12. Section 412.109 is amended as follows:
        a. Paragraph (a) is revised.
        b. Paragraphs (b) through (e) are redesignated as paragraphs (c) 
    through (f).
        c. A new paragraph (b) is added.
        d. Redesignated paragraphs (c)(1), (c)(2)(ii), (d) introductory 
    text, and (d)(1) are revised.
        e. The paragraph heading of redesignated paragraph (e) and 
    redesignated paragraph (e)(1) are revised.
        The revisions and addition read as follows:
    
    
    Sec. 412.109  Special treatment: Essential access community hospitals 
    (EACHs).
    
        (a) General rule. For payment purposes, HCFA treats as a sole 
    community hospital any hospital that is located in a rural area as 
    described in paragraph (b) of this section and that HCFA designates as 
    an EACH under the criteria in paragraph (c) of this section. The 
    payment methodology for sole community hospitals is set forth at 
    Sec. 412.92(d).
        (b) Location in a rural area. For purposes of this section, a 
    hospital is located in a rural area if it--
        (1) Is located outside any area that is a Metropolitan Statistical 
    Area as defined by the Office of Management and Budget or that has been 
    recognized as urban under Sec. 412.62;
        (2) Is not deemed to be located in an urban area under Sec. 412.63;
        (3) Is not classified as an urban hospital for purposes of the 
    standardized payment amount by HCFA or the Medicare Geographic 
    Classification Review Board; or
        (4) Is not located in a rural county that has been redesignated to 
    an adjacent urban area under Sec. 412.232.
        (c) Criteria for HCFA designation. (1) HCFA designates a hospital 
    as an EACH if the hospital is located in a State that has received a 
    grant under section 1820(a)(1) of the Act or in an adjacent State and 
    is designated as an EACH by the State that has received the grant.
    * * * * *
        (2) * * *
        (ii) Is not eligible for State designation solely because the 
    hospital is located in a rural area, has fewer than 75 beds and is 
    located 35 miles or less from any other hospital; and
    * * * * *
        (d) Criteria for State designation. A State that has received a 
    grant under section 1820(a)(1) of the Act may designate as an EACH any 
    hospital in the State or in an adjoining State that meets the criteria 
    of this paragraph (d).
        (1) Geographic location. The hospital meets one of the following 
    requirements:
        (i) If it is located in a rural area as described in paragraph (b) 
    of this section, the hospital is located more than 35 miles from any 
    hospital that either has been designated as an EACH, or has been 
    classified as a rural referral center under Sec. 412.96.
        (ii) The hospital meets other criteria relating to geographic 
    location, imposed by the State with HCFA's approval.
    * * * * *
        (e) Adjustment to the hospital-specific rate for rural EACH's 
    experiencing increased costs--(1) General rule. HCFA increases the 
    applicable hospital-specific rate of an EACH that it treats as a sole 
    community hospital if, during a cost reporting period, the hospital 
    experiences an increase in its Medicare inpatient operating costs per 
    discharge that is directly attributable to activities related to its 
    membership in a rural health network.
    * * * * *
    Subpart H--Payments to Hospitals Under the Prospective Payment 
    Systems
    
    
    Sec. 412.130  [Amended]
    
        13. In paragraph (a)(3) of Sec. 412.130, remove the reference 
    ``Sec. 412.30(b)'' wherever it appears and add, in its place, the 
    reference ``Sec. 412.30(c)''.
    
    Subpart L--The Medicare Geographic Classification Review Board
    
        14. In Sec. 412.230, paragraph (a)(1) is revised and a new 
    paragraph (a)(5) is added to read as follows:
    
    
    Sec. 412.230  Criteria for an individual hospital seeking redesignation 
    to another rural area or an urban area.
    
        (a) General--(1) Purpose. Except as provided in paragraph (a)(5) of 
    this section, an individual hospital may be redesignated from a rural 
    area to an urban area, from a rural area to another rural area, or from 
    an urban area to another urban area for the purposes of using the other 
    area's standardized amount for inpatient operating costs, wage index 
    value, or both.
    * * * * *
        (5) Limitations on redesignation. The following limitations apply 
    to redesignation:
        (i) An individual hospital may not be redesignated to another area 
    for purposes of the wage index if the pre-
    
    [[Page 45849]]
    reclassified average hourly wage for that area is lower than the pre-
    reclassified average hourly wage for the area in which the hospital is 
    located.
        (ii) A hospital may not be redesignated for purposes of the 
    standardized amount if the area to which the hospital seeks 
    redesignation does not have a higher standardized amount than the 
    standardized amount the hospital currently receives.
        (iii) A hospital may not be redesignated to more than one area.
    * * * * *
        15. In Sec. 412.232, a new paragraph (a)(4) is added to read as 
    follows:
    
    
    Sec. 412.232  Criteria for all hospitals in a rural county seeking 
    urban redesignation.
    
        (a) * * *
        (4) The hospitals may be redesignated only if one of the following 
    conditions is met:
        (i) The pre-reclassified average hourly wage for the area to which 
    they seek redesignation is higher than the pre-reclassified average 
    hourly wage for the area in which they are currently located.
        (ii) The standardized amount for the area to which they seek 
    redesignation is higher than the standardized amount for the area in 
    which they are located.
    * * * * *
        16. In Sec. 412.234, a new paragraph (a)(4) is added to read as 
    follows:
    
    
    Sec. 412.234  Criteria for all hospitals in an urban county seeking 
    redesignation to another urban area.
    
        (a) * * *
        (4) The hospitals may be redesignated only if one of the following 
    conditions is met.
        (i) The pre-reclassified average hourly wage for the area to which 
    they seek redesignation is higher than the pre-reclassified average 
    hourly wage for the area in which they are currently located.
        (ii) The standardized amount for the area to which they seek 
    redesignation is higher than the standardized amount for the area in 
    which they are currently located.
    * * * * *
        17. Section 412.266 is revised to read as follows:
    
    
    Sec. 412.266  Availability of wage data.
    
        A hospital may obtain the average hourly wage data necessary to 
    prepare its application to the MGCRB from Federal Register documents 
    published in accordance with the provisions of Sec. 412.8(b).
    
    Subpart M--Prospective Payment System for Inpatient Hospital 
    Capital Costs
    
        18. In Sec. 412.308, a new paragraph (b)(3) is added and paragraph 
    (c)(1)(ii) is revised to read as follows:
    
    
    Sec. 412.308  Determining and updating the Federal rate.
    
    * * * * *
        (b) * * *
        (3) Effective FY 1996, the standard Federal rate used to determine 
    the Federal rate each year under paragraph (c) of this section is 
    reduced by 0.28 percent to account for the effect of the revised policy 
    for payment of transfers under Sec. 412.4(d).
        (c) * * *
        (1) * * *
        (ii) Effective FY 1996. Effective FY 1996, the standard Federal 
    rate is updated based on an analytical framework. The framework 
    includes a capital input price index, which measures the annual change 
    in the prices associated with capital-related costs during the year. 
    HCFA adjusts the capital input price index rate of change to take into 
    account forecast errors, changes in the case mix index, the effect of 
    changes to DRG classification and relative weights, and allowable 
    changes in the intensity of hospital services.
    * * * * *
        19. In Sec. 412.328, a new paragraph (e)(4) is added to read as 
    follows:
    
    
    Sec. 412.328  Determining and updating the hospital-specific rate.
    
    * * * * *
        (e) * * *
        (4) Effective FY 1996, the intermediary reduces the updated amount 
    determined in paragraph (d) of this section by 0.28 percent to account 
    for the effect of the revised policy for payment of transfers under 
    Sec. 412.4(d).
    * * * * *
        B. Part 413 is amended as follows:
    
    PART 413--PRINCIPLES OF REASONABLE COST REIMBURSEMENT; PAYMENT FOR 
    END-STAGE RENAL DISEASE SERVICES; OPTIONAL PROSPECTIVELY DETERMINED 
    PAYMENT RATES FOR SKILLED NURSING FACILITIES
    
        1. The authority citation for part 413 is revised to read as 
    follows:
    
        Authority: Secs. 1102, 1122, 1814(b), 1815, 1833 (a), (i), and 
    (n), 1861(v), 1871, 1881, 1883, and 1886 of the Social Security Act 
    (42 U.S.C. 1302, 1320a-1, 1395f(b), 1395g, 1395l (a), (i), and (n), 
    1395x(v), 1395hh, 1395rr, 1395tt, and 1395ww).
    
    Subpart C--Limits on Cost Reimbursement
    
        2. Section 413.30 is amended as follows:
        a. Paragraph (e) is revised.
        b. In paragraph (f) introductory text, the first sentence is 
    revised.
        c. Paragraphs (f)(5), (f)(6), (f)(7), and (f)(9) are removed and 
    paragraph (f)(8) is redesignated as paragraph (f)(5).
        The revisions read as follows:
    
    
    Sec. 413.30  Limitations on reimbursable costs.
    
    * * * * *
        (e) Exemptions. Exemptions from the limits imposed under this 
    section may be granted to a new provider. A new provider is a provider 
    of inpatient services that has operated as the type of provider (or the 
    equivalent) for which it is certified for Medicare, under present and 
    previous ownership, for less than three full years. An exemption 
    granted under this paragraph expires at the end of the provider's first 
    cost reporting period beginning at least two years after the provider 
    accepts its first patient.
        (f) Exceptions. Limits established under this section may be 
    adjusted upward for a provider under the circumstances specified in 
    paragraphs (f)(1) through (f)(5) of this section. * * *
    * * * * *
    
    
    Sec. 413.35  [Amended]
    
        3. In paragraph (b)(2) of Sec. 413.35, remove the reference 
    ``Sec. 413.30(e)(2)'' wherever it appears in the paragraph and add, in 
    its place, the reference ``Sec. 413.30(e)''.
        4. Section 413.40 is amended as follows:
        a. In Sec. 413.40(c)(2), remove the phrase ``during the 3 days'' 
    wherever it appears in the paragraph and add, in its place, the phrase 
    ``on the calendar day''.
        b. Paragraph (e)(1) is revised.
        c. A new sentence is added at the end of paragraph (g)(1).
        The revision and addition read as follows:
    
    
    Sec. 413.40  Ceiling on the rate of increase in hospital inpatient 
    costs.
    
    * * * * *
        (e) Hospital requests regarding adjustments to the payment allowed 
    under the rate-of-increase ceiling--(1) Timing of application. A 
    hospital may request an adjustment to the rate-of-increase ceiling 
    imposed under this section. The hospital's request must be received by 
    the hospital's fiscal intermediary no later than 180 days after the 
    date on the intermediary's initial notice of amount of program 
    reimbursement (NPR) for the cost 
    
    [[Page 45850]]
    reporting period for which the hospital requests an adjustment.
    * * * * *
        (g) * * *
        (1) * * * The amount of payment made to a hospital after an 
    adjustment under paragraph (e) of this section may not exceed the 
    difference between the hospital's operating costs and the payment 
    previously allowed.
    * * * * *
    
    Subpart E--Payments to Providers
    
        5. In Sec. 413.70, the first sentence of paragraph (b)(2)(i) is 
    revised to read as follows:
    
    
    Sec. 413.70  Payment for services of an RPCH.
    
    * * * * *
        (b) * * *
        (2) * * * (i) RPCH services. Payment under this method for 
    outpatient RPCH services is equal to the amounts described in section 
    1833(a)(2)(B) of the Act (which describes amounts paid for hospital 
    outpatient services) and subject to the applicable principles of cost 
    reimbursement in this part and in part 405, subpart D of this chapter, 
    except for the principle of the lesser of costs or charges in 
    Sec. 413.13. * * *
    * * * * *
        C. Part 424 is amended as follows:
    
    PART 424--CONDITIONS FOR MEDICARE PAYMENT
    
        1. The authority citation for part 424 continues to read as 
    follows:
    
        Authority: Secs. 216(j), 1102, 1814, 1815(c), 1835, 1842(b), 
    1861, 1866(d), 1870(e) and (f), 1871, 1872 and 1883(d) of the Social 
    Security Act (42 U.S.C. 416(j), 1302, 1395f, 1395g(c), 1395n, 
    1395u(b), 1395x, 1395cc(d), 1395gg(e) and (f), 1395hh, 1395ii and 
    1395tt(d)).
    
    Subpart B--Physician Certification Requirements
    
        2. In Sec. 424.15, paragraph (a) is revised to read as follows:
    
    
    Sec. 424.15  Requirements for inpatient RPCH services.
    
        (a) Content of certification. Medicare Part A pays for inpatient 
    RPCH services only if a physician certifies that the individual may 
    reasonably be expected to be discharged or transferred to a hospital 
    within 72 hours after admission to the RPCH.
    * * * * *
        D. Part 485 is amended as follows:
    
    PART 485--CONDITIONS OF PARTICIPATION: SPECIALIZED PROVIDERS
    
        1. The authority citation for part 485 continues to read as 
    follows:
    
        Authority: Secs. 1102 and 1871 of the Social Security Act (42 
    U.S.C. 1302 and 1395hh).
    
    Subpart F--Conditions of Participation: Rural Primary Care 
    Hospitals (RPCHs)
    
    
    Sec. 485.603  [Amended]
    
        2. In paragraph (a)(2)(i) of Sec. 485.603, remove the reference 
    ``Sec. 412.109(c)'' wherever it appears in the paragraph and add, in 
    its place, the reference ``Sec. 412.109(d)''.
        3. In Sec. 485.606, paragraphs (a)(1), (b)(1), (b)(3), the 
    paragraph heading of paragraph (c), (c)(1) introductory text, 
    (c)(1)(i), (c)(2) introductory text, and (c)(2)(ii) are revised to read 
    as follows:
    
    
    Sec. 485.606  Designation of RPCHs.
    
        (a) Criteria for State designation--(1) A State that has received a 
    grant under section 1820(a)(1) of the Act may designate as an RPCH any 
    hospital that--
        (i) Is located in the State that has received the grant, or is 
    located in an adjoining State and is a member of a rural health network 
    that also includes one or more facilities located in the State that has 
    received the grant;
        (ii) Meets the RPCH conditions of participation in this subpart F; 
    and
        (iii) Applies to the State that has received the grant for 
    designation as an RPCH.
    * * * * *
        (b) Criteria for HCFA designation--(1) HCFA designates a hospital 
    as an RPCH if the hospital is designated as an RPCH by the State in 
    which it is located or by an adjoining State that has received a grant.
    * * * * *
        (3) HCFA may also designate not more than 15 hospitals as RPCHs if 
    the hospitals are not located in States that have received grants under 
    section 1820(a)(1) of the Act and meet the requirements of paragraph 
    (c)(1) of this section.
        (c) Special rule: Hospitals not designated by a State as RPCHs--(1) 
    HCFA may designate not more than 15 hospitals as RPCHs under this 
    paragraph (c)(1). These hospitals must be located in a State that has 
    not received a grant under section 1820(a)(1) of the Act, must not have 
    been designated as RPCHs by a State that has received a grant under 
    paragraph (a)(1) of this section, and must meet the requirements with 
    regard to location, participation in the Medicare program, and 
    emergency services as defined in Secs. 485.610, 485.612, and 485.618, 
    respectively. In designating a hospital as an RPCH under this paragraph 
    (c)(1), HCFA--
        (i) Gives preference to a hospital that has entered into an 
    agreement with a rural health network as defined in Sec. 485.603 that 
    is located in a State that has received a grant under section 
    1820(a)(1) of the Act; and
    * * * * *
        (2) HCFA may designate a hospital as an RPCH if the hospital is 
    located in a State that has received a grant under section 1820(a)(1) 
    of the Act and is not eligible for State designation under paragraph 
    (a) of this section solely because the hospital--
    * * * * *
        (ii) Has more than six inpatient beds or does not maintain an 
    average length of stay for inpatients not greater than 72 hours for 
    each 12-month cost reporting period, excluding periods of stays that 
    exceeded 72 hours because transfer was precluded because of inclement 
    weather or other emergency conditions, as described in Sec. 485.620; or
    * * * * *
        4. Section 485.614 is revised to read as follows:
    
    
    Sec. 485.614  Condition of participation: Termination of inpatient care 
    services.
    
        (a) General rule. The hospital has ceased providing inpatient 
    hospital care or has agreed to cease providing inpatient hospital care 
    upon approval of its application for designation as an RPCH except to 
    the extent permitted under paragraph (b) of this section.
        (b) Limitations on inpatient care--(1) If the RPCH does not have a 
    swing-bed agreement under Sec. 485.645, it provides not more than six 
    inpatient beds for providing inpatient RPCH care to patients, but only 
    if--
        (i) The patient requires stabilization before discharge or transfer 
    to a hospital;
        (ii) The patient's attending physician certifies that the patient 
    may reasonably be expected to be discharged or transferred to a 
    hospital within 72 hours of admission to the facility; and
        (iii) The RPCH complies with the limitation on inpatient surgery 
    set forth in paragraph (b)(3) of this section.
        (2) If the RPCH has a swing-bed agreement under Sec. 485.645, it 
    provides inpatient RPCH care as described under paragraph (b)(1) of 
    this section and, under the swing-bed agreement, provides posthospital 
    SNF care.
        (3) The RPCH does not provide any inpatient hospital services 
    consisting of surgery or any other service requiring the use of general 
    anesthesia (other than surgical procedures specified by HCFA under 
    Sec. 416.65 of this chapter), unless the attending physician certifies 
    that the risk associated with transferring the 
    
    [[Page 45851]]
    patient to a hospital for such services outweighs the benefits of 
    transferring the patient to a hospital for such services.
        (c) Exception for RPCHs designated by HCFA. If an RPCH is 
    designated by HCFA under the specific criteria in Sec. 485.606(c), the 
    RPCH is not subject to the requirements in this section.
        5. In Sec. 485.620, paragraph (b) is revised to read as follows:
    
    
    Sec. 485.620  Condition of participation: Number of beds and length of 
    stay.
    
    * * * * *
        (b) Standard: Length of stay. The RPCH maintains an average length 
    of stay for inpatients that is not greater than 72 hours for each 12-
    month cost reporting period. In determining the average length of stay, 
    periods of stay of inpatients in excess of 72 hours are not taken into 
    account to the extent such periods exceed 72 hours because transfer to 
    a hospital is precluded because of inclement weather or other emergency 
    conditions.
        6. A new Sec. 485.639 is added to read as follows:
    
    
    Sec. 485.639  Condition of participation: Surgical services.
    
        Surgical procedures must be performed in a safe manner by qualified 
    practitioners who have been granted clinical privileges by the 
    governing body of the RPCH in accordance with the designation 
    requirements under paragraph (a) of this section.
        (a) Designation of qualified practitioners. The RPCH designates the 
    practitioners who are allowed to perform surgery for RPCH patients, in 
    accordance with its approved policies and procedures, and with State 
    scope of practice laws. Surgery is performed only by--
        (1) A doctor of medicine or osteopathy, including an osteopathic 
    practitioner recognized under section 1101(a)(7) of the Act;
        (2) A doctor of dental surgery or dental medicine; or
        (3) A doctor of podiatric medicine.
        (b) Anesthetic risk and evaluation. A qualified practitioner, as 
    described in paragraph (a) of this section, must examine the patient 
    immediately before surgery to evaluate the risk of anesthesia and of 
    the procedure to be performed. Before discharge from the RPCH, each 
    patient must be evaluated for proper anesthesia recovery by a qualified 
    practitioner as described in paragraph (a) of this section.
        (c) Administration of anesthesia. The RPCH designates the person 
    who is allowed to administer anesthesia to RPCH patients in accordance 
    with its approved policies and procedures and with State scope of 
    practice laws.
        (1) Anesthetics must be administered only by--
        (i) A qualified anesthesiologist;
        (ii) A doctor of medicine or osteopathy other than an 
    anesthesiologist, including an osteopathic practitioner recognized 
    under section 1101(a)(7) of the Act;
        (iii) A doctor of dental surgery or dental medicine;
        (iv) A doctor of podiatric medicine;
        (v) A certified registered nurse anesthetist, as defined in 
    Sec. 410.69(b) of this chapter;
        (vi) An anesthesiologist's assistant, as defined in Sec. 410.69(b) 
    of this chapter; or
        (vii) A supervised trainee in an approved educational program, as 
    described in Secs. 413.85 or 413.86 of this chapter.
        (2) In those cases in which a certified registered nurse 
    anesthetist administers the anesthesia, the anesthetist must be under 
    the supervision of the operating practitioner. An anesthesiologist's 
    assistant who administers anesthesia must be under the supervision of 
    an anesthesiologist.
        (d) Discharge. All patients are discharged in the company of a 
    responsible adult, except those exempted by the practitioner who 
    performed the surgical procedure.
        7. In Sec. 485.645, the introductory text and paragraph (a) are 
    revised, paragraph (b) is redesignated as paragraph (c), and a new 
    paragraph (b) is added to read as follows:
    
    
    Sec. 485.645  Special requirements for RPCH providers of long-term care 
    services.
    
        An RPCH that has a Medicare provider agreement to participate in 
    Medicare as an RPCH must meet the following requirements in order to be 
    granted an approval from HCFA to provide post-hospital SNF care, as 
    specified in Sec. 409.30 of this chapter, and to be paid for SNF-level 
    services, in accordance with paragraph (b) of this section.
        (a) Eligibility. An RPCH must meet the following eligibility 
    requirements:
        (1) Effective October 31, 1994, if an RPCH meets all other 
    requirements of this section, and applies for approval as a provider of 
    post-hospital SNF care, the RPCH uses no more beds for providing post-
    hospital SNF care than the total number of licensed hospital inpatient 
    beds at the time it applied to the State for RPCH designation, minus 
    the number of beds, not to exceed six, used for providing inpatient 
    RPCH care in accordance with Sec. 485.620(a).
        (2) (i) Notwithstanding paragraph (a)(1) of this section, a 
    hospital that applied for RPCH status before October 31, 1994, and was 
    designated by the State (or HCFA), and that applied for swing-bed 
    approval before October 31, 1994, and received approval from HCFA, may 
    continue in that status under the same terms, conditions, and 
    limitations that were applicable at the time those approvals were 
    granted.
        (ii) An RPCH that was granted swing-bed approval under paragraph 
    (a)(2)(i) of this section may request that its application to be an 
    RPCH and a swing-bed provider be re-evaluated under paragraph (a)(1) of 
    this section. If this request is approved, the approval is effective 
    not earlier than October 1994. As of the date of approval, the RPCH no 
    longer has any status under paragraph (a)(2)(i) of this section, and 
    may not request re-instatement under paragraph (a)(2)(i) of this 
    section.
        (3) Beds used for post-hospital SNF care in a separately 
    participating ``distinct part'' unit may not be included in any 
    determination under this section.
        (b) Payment. Payment for inpatient RPCH services to an RPCH that 
    has qualified as an RPCH under the provisions in paragraph (a) of this 
    section is made in accordance with Sec. 413.70(a) of this chapter. 
    Payment for post-hospital SNF-level of care services is made in 
    accordance with the payment provisions in Sec. 413.114 of this chapter.
    * * * * *
        E. Part 489 is amended as follows:
    
    PART 489--PROVIDER AGREEMENTS AND SUPPLIER APPROVAL
    
        1. The authority citation for part 489 continues to read as 
    follows:
    
        Authority: Secs. 1102, 1819, 1861, 1864(m), 1866, and 1871 of 
    the Social Security Act (42 U.S.C. 1302, 1395i-3, 1395x, 1395aa(m), 
    1395cc, and 1395hh).
    
    Subpart E--Termination of Agreement and Reinstatement After 
    Termination
    
        2. In Sec. 489.53, a new paragraph (a)(14) is added to read as 
    follows:
    
    
    Sec. 489.53  Termination by HCFA.
    
        (a) * * *
        (14) In the case of a rural primary care hospital as defined in 
    part 485, subpart F of this chapter, the rural primary care hospital 
    maintains an average length of stay for inpatients in its most recent 
    12-month cost reporting period that is in excess of 72 hours. In 
    determining the length of stay of a rural primary care hospital for 
    purposes of this paragraph, HCFA does not take into account periods of 
    stay in excess of 72 hours that occurred because transfer to a hospital 
    
    
    [[Page 45852]]
    was precluded because of inclement weather or other emergency 
    conditions.
    * * * * *
    (Catalog of Federal Domestic Assistance Program No. 93.773, 
    Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
    Supplementary Medical Insurance Program)
    
        Dated: August 23, 1995.
    Bruce C. Vladeck,
    Administrator, Health Care Financing Administration.
        Dated: August 23, 1995.
    Donna E. Shalala,
    Secretary.
        [Editorial Note: The following addendum and appendixes will not 
    appear in the Code of Federal Regulations.]
    
    Addendum--Schedule of Standardized Amounts Effective with Discharges On 
    or After October 1, 1995 and Update Factors and Rate-of-Increase 
    Percentages Effective With Cost Reporting Periods Beginning On or After 
    October 1, 1995
    
    I. Summary and Background
    
        In this addendum, we are setting forth the amounts and factors for 
    determining prospective payment rates for Medicare inpatient operating 
    costs and Medicare inpatient capital-related costs. We are also setting 
    forth new rate-of-increase percentages for updating the target amounts 
    for hospitals and hospital units excluded from the prospective payment 
    system.
        For discharges occurring on or after October 1, 1995, except for 
    sole community hospitals and hospitals located in Puerto Rico, each 
    hospital's payment per discharge under the prospective payment system 
    will be based on 100 percent of the Federal national rate.
        Sole community hospitals are paid based on whichever of the 
    following rates yields the greatest aggregate payment: the Federal 
    national rate, the updated hospital-specific rate based on FY 1982 cost 
    per discharge, or the updated hospital-specific rate based on FY 1987 
    cost per discharge. For hospitals in Puerto Rico, the payment per 
    discharge is based on the sum of 75 percent of a Puerto Rico rate and 
    25 percent of a national rate (section 1886(d)(9)(A) of the Act).
        As discussed below in section II, we are making changes to the 
    prospective payment rates for Medicare inpatient operating costs. The 
    changes, to be applied prospectively, will affect the calculation of 
    the Federal rates. In section III, we discuss changes we are making in 
    determining the prospective payment rates for Medicare inpatient 
    capital-related costs. Section IV sets forth our changes for 
    determining the rate-of-increase limits for hospitals excluded from the 
    prospective payment system. The tables to which we refer in the 
    preamble to the final rule are presented at the end of this addendum in 
    section V.
    
    II. Changes to Prospective Payment Rates For Inpatient Operating Costs 
    for FY 1996
    
        The basic methodology for determining prospective payment rates for 
    inpatient operating costs is set forth at Sec. 412.63 for hospitals 
    located outside of Puerto Rico. The basic methodology for determining 
    the prospective payment rates for inpatient operating costs for 
    hospitals located in Puerto Rico is set forth at Secs. 412.210 and 
    412.212. Below, we discuss the manner in which we are changing some of 
    the factors used for determining the prospective payment rates. The 
    Federal and Puerto Rico rate changes are effective for discharges 
    occurring on or after October 1, 1995. As required by section 
    1886(d)(4)(C) of the Act, we must also adjust the DRG classifications 
    and weighting factors for discharges in FY 1996.
        In summary, the standardized amounts set forth in Tables 1a, 1b, 
    and 1c of section V of this addendum reflect--
         Updates of 1.5 percent for all areas (that is, the market 
    basket percentage increase of 3.5 percent minus 2.0 percentage points);
         An adjustment to ensure budget neutrality as provided for 
    in sections 1886(d)(4)(C)(iii) and (d)(3)(E) of the Act by applying new 
    budget neutrality adjustment factors to the large urban and other 
    standardized amounts;
         An adjustment to ensure budget neutrality as provided for 
    in section 1886(d)(8)(D) of the Act by removing the FY 1995 budget 
    neutrality factor and applying a revised factor;
         An adjustment to apply the revised outlier offset by 
    removing the FY 1995 outlier offsets and applying a new offset; and
         An adjustment to apply a budget neutrality factor for the 
    change in the payment methodology for transfer cases.
    
    A. Calculation of Adjusted Standardized Amounts
    
    1. Standardization of Base-Year Costs or Target Amounts
        Section 1886(d)(2)(A) of the Act required the establishment of 
    base-year cost data containing allowable operating costs per discharge 
    of inpatient hospital services for each hospital. The preamble to the 
    September 1, 1983 interim final rule (48 FR 39763) contains a detailed 
    explanation of how base-year cost data were established in the initial 
    development of standardized amounts for the prospective payment system 
    and how they are used in computing the Federal rates.
        Section 1886(d)(9)(B)(i) of the Act required that Medicare target 
    amounts be determined for each hospital located in Puerto Rico for its 
    cost reporting period beginning in FY 1987. The September 1, 1987 final 
    rule contains a detailed explanation of how the target amounts were 
    determined and how they are used in computing the Puerto Rico rates (52 
    FR 33043, 33066).
        The standardized amounts are based on per discharge averages of 
    adjusted hospital costs from a base period or, for Puerto Rico, 
    adjusted target amounts from a base period, updated and otherwise 
    adjusted in accordance with the provisions of section 1886(d) of the 
    Act. Sections 1886(d)(2)(C) and (d)(9)(B)(ii) of the Act required that 
    the updated base-year per discharge costs and, for Puerto Rico, the 
    updated target amounts, respectively, be standardized in order to 
    remove from the cost data the effects of certain sources of variation 
    in cost among hospitals. These include case mix, differences in area 
    wage levels, cost of living adjustments for Alaska and Hawaii, indirect 
    medical education costs, and payments to hospitals serving a 
    disproportionate share of low-income patients.
        Since the standardized amounts have already been adjusted for 
    differences in case mix, wages, cost-of-living, indirect medical 
    education costs, and payments to hospitals serving a disproportionate 
    share of low-income patients, no additional adjustments for these 
    factors for FY 1996 were made. That is, the standardization adjustments 
    reflected in the FY 1996 standardized amounts are the same as those 
    reflected in the FY 1995 standardized amounts.
        Sections 1886(d)(2)(H) and (d)(3)(E) of the Act require that, in 
    making payments under the prospective payment system, the Secretary 
    adjust the proportion (as estimated by the Secretary from time to time) 
    of costs that are wages and wage-related costs. Beginning October 1, 
    1990, when the market basket was rebased, we have considered 71.40 
    percent of costs to be labor-related for purposes of the prospective 
    payment system.
    2. Computing Large Urban and Other Averages Within Geographic Areas
        Section 1886(d)(3) of the Act requires the Secretary to compute two 
    average standardized amounts for discharges occurring in a fiscal year: 
    one for 
    
    [[Page 45853]]
    hospitals located in large urban areas and one for hospitals located in 
    other areas. In addition, under sections 1886(d)(9)(B)(iii) and (C)(i) 
    of the Act, the average standardized amount per discharge must be 
    determined for hospitals located in large urban and other areas in 
    Puerto Rico. Hospitals in Puerto Rico are paid a blend of 75 percent of 
    the applicable Puerto Rico standardized amount and 25 percent of a 
    national standardized payment amount.
        Section 1886(d)(2)(D) of the Act defines ``urban areas'' as those 
    areas within a Metropolitan Statistical Area (MSA). A ``large urban 
    area'' is defined as an urban area with a population of more than 
    1,000,000. In addition, section 4009(i) of Public Law 100-203 provides 
    that a New England County Metropolitan Area (NECMA) with a population 
    of more than 970,000 is classified as a large urban area. As required 
    by section 1886(d)(2)(D) of the Act, population size is determined by 
    the Secretary based on the latest population data published by the 
    Bureau of the Census. Urban areas that do not meet the definition of a 
    ``large urban area'' are referred to as ``other urban areas.'' Areas 
    that are not included in MSAs are considered ``rural areas'' under 
    section 1886(d)(2)(D). Payment for discharges from hospitals located in 
    large urban areas will be based on the large urban standardized amount. 
    Payment for discharges from hospitals located in other urban and rural 
    areas will be based on the other standardized amount.
        Based on 1994 population estimates published by the Bureau of the 
    Census, 57 areas meet the criteria to be defined as large urban areas 
    for FY 1996. These areas are identified by an asterisk in Table 4a.
        Table 1a contains the two national standardized amounts that are 
    applicable to most hospitals. Table 1b sets forth the 18 regional 
    standardized amounts that will continue to be applicable for hospitals 
    located in census areas subject to the regional floor. Under section 
    1886(d)(9)(A)(ii) of the Act, the national standardized payment amount 
    applicable to hospitals in Puerto Rico consists of the discharge-
    weighted average of the national large urban standardized amount and 
    the national other standardized amount (as set forth in Table 1a). The 
    national average standardized amount for Puerto Rico is set forth in 
    Table 1c. Table 1c also includes the standardized amounts that will be 
    applicable to most hospitals in Puerto Rico.
        We note that on June 30, 1995, the Office of Management and Budget 
    announced the designation of the Flagstaff, Arizona-Utah MSA and the 
    Grand Junction, Colorado MSA.
    3. Updating the Average Standardized Amounts
        In accordance with section 1886(d)(3)(A)(iv) of the Act, we are 
    updating the large urban and the other areas average standardized 
    amounts for FY 1996 using the applicable percentage increases specified 
    in section 1886(b)(3)(B)(i) of the Act. Section 1886(b)(3)(B)(i)(XI) of 
    the Act specifies that, for hospitals in all areas, the update factor 
    for the standardized amounts for FY 1996 is the market basket 
    percentage increase minus 2.0 percentage points.
        The percentage change in the market basket reflects the average 
    change in the price of goods and services purchased by hospitals to 
    furnish inpatient care. The most recent forecast of the hospital market 
    basket increase for FY 1996 is 3.5 percent. For FY 1996, this yields an 
    update to the average standardized amounts of 1.5 percent (3.5 percent 
    minus 2.0 percent).
        As in the past, we are adjusting the FY 1995 standardized amounts 
    to remove the effects of the FY 1995 geographic reclassifications and 
    outlier payments before applying the FY 1996 updates. That is, we are 
    increasing the standardized amounts to restore the reductions that were 
    made for the effects of geographic reclassification and outliers. After 
    including the FY 1996 offsets to the standardized amounts for outliers 
    and geographic reclassification, we estimate that there will be an 
    actual increase of 1.2 percent to the large urban and other area 
    standardized amounts.
        Beginning in FY 1995, we revised the national average standardized 
    amounts based on national average labor/nonlabor shares. In FY 1996, we 
    will continue to adjust the labor and nonlabor proportions of the 
    standardized amount to reflect the national average. As a result, the 
    national average labor share (as reflected in the hospital market 
    basket) will equal 71.4 percent of the standardized payment amounts. 
    (We are revising the Puerto Rico standardized amounts by the average 
    labor share in Puerto Rico of 82.8 percent.)
        Although the update factor for FY 1996 is set by law, we were 
    required by section 1886(e)(3)(B) of the Act to report to Congress on 
    our initial recommendation of update factors for FY 1996 for both 
    prospective payment hospitals and hospitals excluded from the 
    prospective payment system. For general information purposes, we 
    published the report to Congress as Appendix C to the proposed rule, as 
    revised in the correction notice published on August 2, 1995 (60 FR 
    39305). That recommendation was based on an earlier forecast of the 
    market basket increase. Our final recommendation on the update factors 
    (which is required by sections 1886(e)(4)(A) and (e)(5)(A) of the Act) 
    is set forth as Appendix C to this final rule.
        Comment: One commenter urged that an add-on adjustment of not less 
    than 7 percent be made to the Puerto Rico standardized amounts to 
    account for the penalty resulting from the use of temporary cost 
    allocation methods by government hospitals in Puerto Rico with a 
    noncharge structure.
        Response: At this time, we do not believe it is appropriate to 
    adjust the standardized amounts of Puerto Rico for those government 
    hospitals with a noncharge structure. However, as noted in section 
    III.B.4, we will continue to study the issue of payments to Puerto 
    Rico.
    4. Other Adjustments to the Average Standardized Amounts
        a. Recalibration of DRG Weights and Updated Wage Index--Budget 
    Neutrality Adjustment.
        Section 1886(d)(4)(C)(iii) of the Act specifies that beginning in 
    FY 1991, the annual DRG reclassification and recalibration of the 
    relative weights must be made in a manner that ensures that aggregate 
    payments to hospitals are not affected. As discussed in section II of 
    the preamble, we normalized the recalibrated DRG weights by an 
    adjustment factor, so that the average case weight after recalibration 
    is equal to the average case weight prior to recalibration.
        Section 1886(d)(3)(E) of the Act specifies that the hospital wage 
    index must be updated on an annual basis beginning October 1, 1993. 
    This provision also requires that any updates or adjustments to the 
    wage index must be made in a manner that ensures that aggregate 
    payments to hospitals are not affected by the change in the wage index.
        To comply with the requirement of section 1886(d)(4)(C)(iii) of the 
    Act that DRG reclassification and recalibration of the relative weights 
    be budget neutral and the requirement in section 1886(d)(3)(E) of the 
    Act that the updated wage index be budget neutral, we compared 
    aggregate payments using the FY 1995 relative weights and the wage 
    index effective October 1, 1994, to aggregate payments using the FY 
    1996 relative weights and wage index. The same methodology was used for 
    the FYs 
    
    [[Page 45854]]
    1993, 1994, and 1995 budget neutrality adjustment. Based on this 
    comparison, we computed a proposed budget neutrality adjustment factor 
    equal to 0.999174. Based on the final FY 1996 relative weights and wage 
    index, the final budget neutrality adjustment factor is equal to 
    0.999306. This budget neutrality adjustment factor is applied to the 
    standardized amounts without removing the effects of the FY 1995 budget 
    neutrality adjustment. We do not remove the prior budget neutrality 
    adjustment because estimated aggregate payments after the changes in 
    the DRG relative weights and wage index should equal estimated 
    aggregate payments prior to the changes. If we removed the prior year 
    adjustment, we would not satisfy this condition.
        In addition, we will apply the same FY 1996 adjustment factor to 
    the hospital-specific rates that are effective for cost reporting 
    periods beginning on or after October 1, 1995, in order to ensure that 
    we meet the statutory requirement that aggregate payments neither 
    increase nor decrease as a result of the implementation of the FY 1996 
    DRG weights and updated wage index. (See the discussion in the 
    September 4, 1990 final rule (55 FR 36073).)
        Section 1886(d)(5)(I) of the Act, as amended by section 109 of the 
    Social Security Act Amendments of 1994 (Public Law 103-432), authorizes 
    the Secretary to make adjustments to the prospective payment system 
    standardized amounts so that adjustments to the payment policy for 
    transfer cases do not affect aggregate payments. As discussed in 
    section IV.A of the preamble of this final rule, we are revising our 
    payment methodology for transfer cases, so that we will pay double the 
    per diem amount for the first day of a transfer case, and the per diem 
    amount for each day after the first, up to the full DRG amount. For the 
    data that we analyzed, this would result in additional payments for 
    transfer cases of $159 million. To implement this change in a budget 
    neutral manner, we adjusted the standardized amounts by applying a 
    budget neutrality adjustment of 0.997583 in the proposed rule. The 
    final budget neutrality adjustment factor for this transfer change is 
    equal to 0.997575. This adjustment will be applied on a one-time basis 
    to the FY 1996 standardized amounts. After FY 1996, there will be no 
    need for a further budget neutrality adjustment unless or until we make 
    further changes to the transfer payment methodology.
        b. Reclassified Hospitals--Budget Neutrality Adjustment.
        Section 1886(d)(8)(B) of the Act provides that certain rural 
    hospitals are deemed urban effective with discharges occurring on or 
    after October 1, 1988. In addition, section 1886(d)(10) of the Act 
    provides for the reclassification of hospitals based on determinations 
    by the Medicare Geographic Classification Review Board (MGCRB). Under 
    section 1886(d)(10), a hospital may be reclassified for purposes of the 
    standardized amount or the wage index, or both.
        Under section 1886(d)(8)(D) of the Act, the Secretary is required 
    to adjust the standardized amounts so as to ensure that estimated 
    aggregate payments under the prospective payment system after 
    implementation of the provisions of sections 1886(d)(8) (B) and (C) and 
    1886(d)(10) of the Act are equal to the estimated aggregate prospective 
    payments that would have been made absent these provisions. In the 
    proposed rule, we applied an adjustment of 0.994125 to ensure that the 
    effects of reclassification are budget neutral. The final budget 
    neutrality adjustment factor is 0.994011.
        The adjustment factor is applied to the standardized amounts after 
    removing the effects of the FY 1995 budget neutrality adjustment 
    factor. We note that the proposed FY 1996 adjustment reflected wage 
    index and standardized amount reclassifications approved by the MGCRB 
    or the Administrator as of March 14, 1995. The final budget neutrality 
    adjustment factor reflects the effects of all reclassification 
    decisions and changes in these decisions resulting from appeals and 
    reviews of the MGCRB decisions for FY 1996 or from requests for 
    withdrawal of a reclassification.
        c. Outliers.
        Section 1886(d)(5)(A) of the Act provides that, in addition to the 
    basic prospective payment rates, for discharges occurring before 
    October 1, 1997, payments must be made for discharges involving day 
    outliers and may be made for cost outliers. Section 1886(d)(3)(B) of 
    the Act requires the Secretary to adjust both the large urban and other 
    areas national standardized amounts by the same factor to account for 
    the estimated proportion of total DRG payments made to outlier cases. 
    Section 1886(d)(9)(B)(iv) of the Act requires that the large urban and 
    other standardized amounts applicable to hospitals in Puerto Rico be 
    reduced by the proportion of estimated total DRG payments attributable 
    to estimated outlier payments. Furthermore, under section 
    1886(d)(5)(A)(iv) of the Act, estimated outlier payments in any year 
    may not be less than 5 percent nor more than 6 percent of total 
    payments projected or estimated to be made based on DRG prospective 
    payment rates.
        Beginning with FY 1995, section 1886(d)(5)(A) of the Act requires 
    the Secretary to reduce the proportion of total outlier payments paid 
    under the day outlier methodology. Under the requirements of section 
    1886(d)(5)(A)(v) of the Act, the proportion of outlier payments made 
    under the day outlier methodology, relative to the proportion of 
    outlier payments made under the day outlier methodology in FY 1994 
    (which we estimated at 31.3 percent in our September 1, 1993 final rule 
    (58 FR 46348)), will be 75 percent in FY 1995, 50 percent in FY 1996, 
    and 25 percent in FY 1997. For discharges occurring after September 30, 
    1997, the Secretary will no longer pay for day outliers under the 
    provisions of section 1886(d)(5)(A)(i) of the Act.
        i. FY 1996 Outlier Thresholds.
        For FY 1995, the day outlier threshold is the geometric mean length 
    of stay for each DRG plus the lesser of 22 days or 3.0 standard 
    deviations. The marginal cost factor for day outliers (or the percent 
    of Medicare's average per diem payment paid for each outlier day) is 
    equal to 47 percent in FY 1995. The fixed loss cost outlier threshold 
    is equal to the prospective payment for the DRG plus $20,500 ($18,800 
    for hospitals that have not yet entered the prospective payment system 
    for capital-related costs). The marginal cost factor for cost outliers 
    (or the percent of costs paid after costs for the case exceed the 
    threshold) is 80 percent. We applied an outlier adjustment to the FY 
    1995 standardized amounts of 0.948940 for the large urban and other 
    areas rates and 0.9414 for the capital Federal rate.
        For FY 1996, we proposed to set the day outlier threshold at the 
    geometric mean length of stay for each DRG plus the lesser of 23 days 
    or 3.0 standard deviations. We also proposed to reduce the marginal 
    cost factor for each outlier day from 47 percent to 45 percent in FY 
    1996. The thresholds that we are establishing in this final rule 
    continue to be the geometric mean length of stay for each DRG plus the 
    lesser of 23 days or 3.0 standard deviations. However, based on updated 
    simulations, we are establishing in this final rule a marginal cost 
    factor of 44 percent for each outlier day in FY 1996. We estimate that 
    these policies will reduce the proportion of outlier payments paid to 
    day outliers to approximately 16 percent in accordance with section 
    1886(d)(5)(A) of the Act.
        We proposed a fixed loss cost outlier threshold in FY 1996 equal to 
    the prospective payment rate for the DRG plus $16,700 ($15,200 for 
    hospitals that have not yet entered the prospective 
    
    [[Page 45855]]
    payment system for capital-related costs). In addition, we proposed to 
    maintain the marginal cost factor for cost outliers at 80 percent. In 
    this final rule, based on updated simulations, we are establishing a 
    fixed loss cost outlier threshold in FY 1996 equal to the prospective 
    payment rate for the DRG plus $15,150 ($13,800 for hospitals that have 
    not yet entered the prospective payment system for capital-related 
    costs). We are also establishing a marginal cost factor for cost 
    outliers of 80 percent for FY 1996, as proposed.
        As provided in section 1886(d)(5)(A)(iv) of the Act, we calculated 
    outlier thresholds so that estimated outlier payments equal 5.1 percent 
    of estimated total payments based on DRGs. The model that we use to 
    determine the outlier thresholds necessary to meet the estimated 
    outlier payment percentage for FY 1996 uses the June 1995 update of the 
    FY 1994 MedPAR file and the July 1995 update of the provider-specific 
    file used in the PRICER program, which contains information on 
    hospital-specific payment parameters (such as the cost-to-charge 
    ratios).
        In simulating payments, we convert billed charges to costs for 
    purposes of estimating cost outlier payments. As we explained in the 
    September 1, 1993 final rule (58 FR 46347), prior to FY 1994, we used a 
    charge inflation factor to adjust charges to costs; beginning with FY 
    1994, we are using a cost inflation factor to estimate costs. In other 
    words, instead of inflating the FY 1994 charge data by a charge 
    inflation factor for 2 years in order to estimate FY 1996 charge data 
    and then applying the cost-to-charge ratio, we adjust the charges by 
    the cost-to-charge ratio and then inflate the estimated costs for 2 
    years of cost inflation. In this manner, we automatically adjust for 
    any changes in the cost-to-charge ratios that may occur, since the 
    relevant variable is the costs estimated for a given case.
        In setting the proposed FY 1996 outlier thresholds, we used a cost 
    inflation factor of 1.02009. In setting the final FY 1996 outlier 
    thresholds, we used a cost inflation factor of 1.00871. The difference 
    is attributable to the use of the cost per case increase in cost 
    reporting periods beginning in FY 1993 (referred to as PPS-X data) in 
    setting the final FY 1996 outlier thresholds instead of the average 
    increase in cost per case for cost reporting periods beginning in FY 
    1991 (PPS-VIII) through PPS-X. This modification was introduced after a 
    review of the cost per case increase for 2700 hospitals in cost 
    reporting periods beginning in FY 1994 (PPS-XI). The cost per case 
    increase from PPS-X to PPS-XI was much closer to the increase from PPS-
    IX to PPS-X than the average increase between PPS-VIII through PPS-X. 
    We believe it is more appropriate to use the increase from PPS-IX to 
    PPS-X as our cost inflation factor in setting the final FY 1996 outlier 
    thresholds. In the future, we still plan to use 2-year averages in 
    computing the cost inflation factors, unless preliminary data from more 
    recent years indicate that the 2-year average may be inaccurate.
        When we modeled the combined operating and capital outlier 
    payments, we found that using a common set of thresholds resulted in a 
    lower percentage of outlier payments for capital-related costs than for 
    operating costs. We estimate the final thresholds for FY 1996 will 
    result in outlier payments equal to 5.1 percent of operating DRG 
    payments and 4.6 percent of capital payments based on the Federal rate.
        As stated in the September 1, 1993 final rule (58 FR 46348), we 
    have established outlier thresholds that will be applicable to both 
    inpatient operating costs and inpatient capital-related costs. As 
    explained earlier, we are applying a reduction of approximately 5.1 
    percent to the FY 1996 standardized amounts to account for the 
    estimated proportion of outliers payments. The proposed outlier 
    adjustment factors applied to the standardized amounts and the capital 
    Federal rate for FY 1996 were as follows:
    
    ------------------------------------------------------------------------
                                                                    Capital 
                    Operating standardized amounts                  Federal 
                                                                      rate  
    ------------------------------------------------------------------------
    0.949054.....................................................     0.9526
    ------------------------------------------------------------------------
    
        The final outlier adjustment factors applied to the standardized 
    amounts and the capital Federal rate for FY 1996 are as follows:
    
    ------------------------------------------------------------------------
                                                                    Capital 
                    Operating standardized amounts                  Federal 
                                                                      rate  
    ------------------------------------------------------------------------
    0.948950.....................................................     0.9536
    ------------------------------------------------------------------------
    
        As in the proposed rule, we apply the final outlier adjustment 
    factors after removing the effects of the FY 1995 outlier adjustment 
    factors on the standardized amounts and the capital Federal rate.
        ii. Other Changes Concerning Outliers.
        Table 5 of section V of this addendum contains the DRG relative 
    weights, geometric and arithmetic mean lengths of stay, as well as the 
    day outlier threshold for each DRG. When we recalibrate DRG weights, we 
    set a threshold of 10 cases as the minimum number of cases required to 
    compute a reasonable weight and geometric mean length of stay. DRGs 
    that do not have at least 10 cases are considered to be low volume 
    DRGs. For the low volume DRGs, we use the original geometric mean 
    lengths of stay, because no arithmetic mean length of stay was 
    calculated based on the original data.
        Table 8a in section V of this addendum contains the updated 
    Statewide average operating cost-to-charge ratios for urban hospitals 
    and for rural hospitals to be used in calculating cost outlier payments 
    for those hospitals for which the intermediary is unable to compute a 
    reasonable hospital-specific cost-to-charge ratio. Effective October 1, 
    1995, these Statewide average ratios will replace the ratios published 
    in the September 1, 1994 final rule (59 FR 45480). Table 8b contains 
    comparable Statewide average capital cost-to-charge ratios. These 
    average ratios will be used to calculate cost outlier payments for 
    those hospitals for which the intermediary computes operating cost-to-
    charge ratios lower than 0.25218 or greater than 1.32569 and capital 
    cost-to-charge ratios lower than 0.012998 or greater than 0.21483. This 
    range represents 3.0 standard deviations (plus or minus) from the mean 
    of the log distribution of cost-to-charge ratios for all hospitals. The 
    cost-to-charge ratios in Tables 8a and 8b will be applied to all 
    hospital-specific cost-to-charge ratios based on cost report 
    settlements occurring during FY 1996.
        iii. FY 1994 and FY 1995 Outlier Payments.
        In the proposed rule, we estimated that actual FY 1994 outlier 
    payments were approximately 3.5 percent of total DRG payments (60 FR 
    29260). Our estimates of actual outlier payments and actual total DRG 
    payments were computed by simulating payments using actual FY 1994 bill 
    data available at the time of the proposed rule. Our current estimate 
    remains the same; that is, we estimate that actual FY 1994 outlier 
    payments were approximately 3.5 percent of actual total DRG payments. 
    These estimates are based on simulations using the July 1995 update of 
    the provider-specific file and the June 1995 update of the MedPAR file.
        In setting outlier policies for FY 1994, we began using a cost 
    inflation factor rather than a charge inflation factor to update billed 
    charges for purposes of estimating outlier payments. This refinement 
    was made in order to improve our estimation methodology. We believe 
    that actual FY 1994 outlier payments as a percentage of actual total 
    
    [[Page 45856]]
    DRG payments may be lower than estimated because actual hospital costs 
    may be lower than reflected in the estimation methodology. Our most 
    recent data on hospital costs show a significant trend in declining 
    rates of increase. Thus, the cost inflation factor of 8.3 percent used 
    to estimate FY 1994 outlier payments (based on the best available data) 
    appears to have been overstated. For FY 1995, we used a cost inflation 
    factor of 2.5 percent. Based on more recent data, we are using a cost 
    inflation factor of 0.871 percent to calculate outlier payments for FY 
    1996. Also, although we estimate that FY 1994 outlier payments will 
    approximate 3.5 percent of total DRG payments, we note that the 
    estimate of the market basket rate of increase used to set the FY 1994 
    rates was 4.3 percentage points, while the latest FY 1994 market basket 
    rate of increase forecast is 2.5 percent. Thus, the net effect is that 
    total FY 1994 payments are higher than they would have been if the 
    market basket rate of increase and the outlier percentage were 
    estimated with precise accuracy.
        In the proposed rule (60 FR 29260), we estimated that actual FY 
    1995 outlier payments would be approximately 4.2 percent of actual FY 
    1995 total DRG payments. We currently estimate that FY 1995 outlier 
    payments will approximate 4.0 percent of total DRG payment. This 
    current estimate is based on simulations using the July 1995 update of 
    the provider-specific file and the June 1995 update of the FY 1994 
    MedPAR file.
        We believe that there are two main reasons why our current estimate 
    of FY 1995 outlier payments is below 5.1 percent. First, in setting the 
    outlier thresholds for FY 1995, we used 2.5 percent as our cost 
    inflation factor to inflate FY 1993 bills to FY 1995 levels. Our 
    current estimate of cost inflation is 0.871 percent. Thus, the rate of 
    increase in costs continues to slow. We note that this factor is 
    reflected in the estimation methodology used to set thresholds. Thus, 
    the final FY 1996 cost outlier threshold is lower than the proposed 
    cost outlier threshold.
        Second, in setting the outlier thresholds for FY 1995, we used 
    cost-to-charge ratios that had a mean value of 0.618. Our current 
    estimate of cost-to-charge ratios for FY 1995 is down to 0.600. Thus, 
    not only are costs not rising as fast as we estimated, but they also 
    make up a lower percentage of charges than we estimated in setting FY 
    1995 thresholds. We are continuing to explore better ways to forecast 
    the changes in cost inflation.
        Comment: We received a number of comments expressing concern that 
    the projected percentages of outlier payments for FYs 1994 and 1995 are 
    lower than estimated when we set the thresholds. Some of the commenters 
    requested that any difference between outlier payments and the amount 
    set aside be used to offset the amount required in the next year. Other 
    commenters requested that we monitor outlier payments during a fiscal 
    year, so that we can change the thresholds in the middle of the year in 
    the event that projected outlier payments are not between 5 and 6 
    percent of total DRG payments.
        Response: We responded to similar comments in the final rules for 
    FY 1993 (57 FR 39784), FY 1994 (58 FR 46347), and FY 1995 (59 FR 
    45404). In accordance with section 1886(d)(5)(A)(iv) of the Act, we set 
    the FY 1994 and FY 1995 outlier thresholds so that the estimated 
    proportion of outlier payments relative to total DRG payments is 5.1 
    percent. We used the most recent Medicare discharge and hospital-
    specific data available to estimate payments. This is necessarily a 
    prospective process and the resulting estimate may prove to be 
    inaccurate.
        We believe that it would be inappropriate to revise in midyear any 
    of the payment policies based on estimates. These policies include not 
    only the outlier thresholds, but also factors such as the market basket 
    rate of increase used to establish the update factors, the 
    recalibration of the DRG weights, and the various required budget 
    neutrality provisions. We also believe it would be inappropriate to 
    reduce the standardized amounts to account for outlier cases in a 
    fiscal year by an amount that differs from the estimated proportion of 
    outlier payments in that fiscal year. Section 1886(d)(3)(B) of the Act 
    requires the Secretary to ``reduce each of the standardized amounts * * 
    * by the factor equal to the proportion of payments under this 
    subsection (as estimated by the Secretary) based on DRG prospective 
    payment amounts which are additional payments described in paragraph 
    (5)(A) (relating to outlier payments).'' (Emphasis added.) Thus, if we 
    estimate that outlier payments will be 5.1 percent of total DRG 
    payments in an upcoming fiscal year, we must reduce the standardized 
    amounts by an ``equal'' percentage, not by some lower or higher 
    percentage.
        We believe the more appropriate action is to continue to examine 
    the outlier policy and try to refine the methodology for setting 
    outlier thresholds. To that end, as we did in FY 1995, we have 
    attempted to improve our outlier projections in FY 1996. Normally, we 
    would use the average increase in cost per case between PPS-VIII and 
    PPS-X as the cost inflation factor in setting the FY 1996 outlier 
    thresholds. However, as noted above, after reviewing the preliminary 
    data for 2700 hospitals from PPS-XI, we found the cost per case 
    increase of PPS-XI data to be much closer to the PPS-X data than the 
    PPS-VIII data, indicating a continued downward trend in the rate of 
    increase in hospital costs. Thus, for FY 1996, we have decided to use 
    solely the PPS-X cost per case increase of 0.871 percent.
    
    B. Adjustments for Area Wage Levels and Cost of Living
    
        The adjusted standardized amounts are divided into labor and 
    nonlabor portions. Tables 1a, 1b, and 1c, as set forth in this 
    addendum, contain the labor-related and nonlabor-related shares used to 
    calculate the prospective payment rates for hospitals located in the 50 
    States, the District of Columbia, and Puerto Rico. This section 
    addresses two types of adjustments to the standardized amounts that are 
    made in determining the prospective payment rates as described in this 
    addendum.
    1. Adjustment for Area Wage Levels
        Sections 1886(d)(3)(E) and 1886(d)(9)(C)(iv) of the Act require 
    that an adjustment be made to the labor-related portion of the 
    prospective payment rates to account for area differences in hospital 
    wage levels. This adjustment is made by multiplying the labor-related 
    portion of the adjusted standardized amounts by the appropriate wage 
    index for the area in which the hospital is located. In section III of 
    the preamble to this final rule, we discuss certain revisions we are 
    making to the wage index. This index is set forth in Tables 4a through 
    4e of this addendum.
    2. Adjustment for Cost of Living in Alaska and Hawaii
        Section 1886(d)(5)(H) of the Act authorizes an adjustment to take 
    into account the unique circumstances of hospitals in Alaska and 
    Hawaii. Higher labor-related costs for these two States are taken into 
    account in the adjustment for area wages described above. For FY 1996, 
    we are adjusting the payments for hospitals in Alaska and Hawaii by 
    multiplying the nonlabor portion of the standardized amounts by the 
    appropriate adjustment factor contained in the table below.
    
                                                                            
    
    [[Page 45857]]
           Table of Cost-of-Living Adjustment Factors, Alaska and Hawaii    
                                    Hospitals                               
                                                                            
                                                                            
    Alaska--All areas . . . . . . . . . . . .........................  1.25 
    Hawaii:                                                                 
      County of Honolulu . . . . . . . . . ..........................  1.225
      County of Hawaii . . . . . . . . . . ..........................  1.15 
      County of Kauai . . . . . . . . . . ...........................  1.20 
      County of Maui . . . . . . . . . . . ..........................  1.225
      County of Kalawao . . . . . . . . . ...........................  1.225
    
    
    
    (The above factors are based on data obtained from the U.S. Office of 
    Personnel Management.)
    C. DRG Relative Weights
    
        As discussed in section II of the preamble to this final rule, we 
    have developed a classification system for all hospital discharges, 
    assigning them into DRGs, and have calculated relative weights for each 
    DRG that reflect the resource utilization of cases in each DRG relative 
    to Medicare cases in other DRGs.
        Table 5 of section V of this addendum contains the relative weights 
    that we will use for discharges occurring in FY 1996. These factors 
    have been recalibrated as explained in section II.C of the preamble to 
    this final rule.
    
    D. Calculation of Prospective Payment Rates for FY 1996
    
    General Formula for Calculation of Prospective Payment Rates for FY 
    1996
    
    Prospective payment rate for all hospitals located outside Puerto Rico 
    except sole community hospitals = Federal rate.
    Prospective payment rate for sole community hospitals = Whichever of 
    the following rates yields the greatest aggregate payment: 100 percent 
    of the Federal rate, 100 percent of the updated FY 1982 hospital-
    specific rate, or 100 percent of the updated FY 1987 hospital-specific 
    rate.
    Prospective payment rate for Puerto Rico = 75 percent of the Puerto 
    Rico rate + 25 percent of a discharge-weighted average of the national 
    large urban standardized amount and the national other standardized 
    amount.
    1. Federal Rate
        For discharges occurring on or after October 1, 1995 and before 
    October 1, 1996, except for sole community hospitals and hospitals in 
    Puerto Rico, the hospital's payment is based exclusively on the Federal 
    rate. Section 1866(d)(1)(A)(iii) of the Act provides that the Federal 
    rate is comprised of 100 percent of the Federal national rate except 
    for those hospitals in census regions that have a regional rate that is 
    higher than the national rate. The Federal rate for hospitals located 
    in census regions that have a regional rate that is higher than the 
    national rate equals 85 percent of the Federal national rate plus 15 
    percent of the Federal regional rate. Based on the final rates, for 
    discharges occurring on or after October 1, 1995, hospitals in regions 
    I, IV, and VI are affected by the regional floor.
        The Federal rates are determined as follows:
        Step 1--Select the appropriate national adjusted standardized 
    amount considering the type of hospital and designation of the hospital 
    as large urban or other (see Tables 1a and 1b, section V of this 
    addendum).
        Step 2--Multiply the labor-related portion of the standardized 
    amount by the applicable wage index for the geographic area in which 
    the hospital is located (see Tables 4a, 4b, and 4c, section V of this 
    addendum).
        Step 3--For hospitals in Alaska and Hawaii, multiply the nonlabor-
    related portion of the standardized amount by the appropriate cost-of-
    living adjustment factor.
        Step 4--Add the amount from Step 2 and the nonlabor-related portion 
    of the standardized amount (adjusted if appropriate under Step 3).
        Step 5--Multiply the final amount from Step 4 by the relative 
    weight corresponding to the appropriate DRG (see Table 5, section V of 
    this addendum).
    2. Hospital-Specific Rate (Applicable Only to Sole Community Hospitals)
        Sections 1886(d)(5)(D)(i) and (b)(3)(C) of the Act provide that 
    sole community hospitals are paid based on whichever of the following 
    rates yields the greatest aggregate payment: the Federal rate, the 
    updated hospital-specific rate based on FY 1982 cost per discharge, or 
    the updated hospital-specific rate based on FY 1987 cost per discharge.
        Hospital-specific rates have been determined for each of these 
    hospitals based on both the FY 1982 cost per discharge and the FY 1987 
    cost per discharge. For a more detailed discussion of the calculation 
    of the FY 1982 hospital-specific rate and the FY 1987 hospital-specific 
    rate, we refer the reader to the September 1, 1983 interim final rule 
    (48 FR 39772); the April 20, 1990 final rule with comment (55 FR 
    15150); and the September 4, 1990 final rule (55 FR 35994).
        a. Updating the FY 1982 and FY 1987 Hospital-Specific Rates for FY 
    1996.
        We are increasing the hospital-specific rates by 1.5 percent (the 
    hospital market basket percentage increase minus 2.0 percentage points) 
    for sole community hospitals located in all areas in FY 1996. Section 
    1886(b)(3)(C)(ii) of the Act provides that the update factor applicable 
    to the hospital-specific rates for sole community hospitals equals the 
    update factor provided under section 1886(b)(3)(B)(ii) of the Act, 
    which, for FY 1996, is the market basket rate of increase minus 2.0 
    percentage points.
        b. Calculation of Hospital-Specific Rate.
        For sole community hospitals, the applicable FY 1996 hospital-
    specific rate will be calculated by multiplying a hospital's hospital-
    specific rate for the preceding fiscal year by the applicable update 
    factor (1.5 percent), which is the same as the update for all 
    prospective payment hospitals. In addition, the hospital-specific rate 
    will be adjusted by the budget neutrality adjustment factor (that is, 
    0.999306) as discussed in section II.A.4.a of this addendum. This 
    resulting rate will be used in determining under which rate a sole 
    community hospital is paid for its discharges beginning on or after 
    October 1, 1995, based on the formula set forth above.
    3. General Formula for Calculation of Prospective Payment Rates for 
    Hospitals Located in Puerto Rico Beginning On or After October 1, 1995 
    and Before October 1, 1996
        a. Puerto Rico Rate.
        The Puerto Rico prospective payment rate is determined as follows:
        Step 1--Select the appropriate adjusted average standardized amount 
    considering the large urban or other designation of the hospital (see 
    Table 1c, section V of the addendum).
        Step 2--Multiply the labor-related portion of the standardized 
    amount by the appropriate wage index (see Tables 4a and 4b, section V 
    of the addendum).
        Step 3--Add the amount from Step 2 and the nonlabor-related portion 
    of the standardized amount.
        Step 4--Multiply the result in Step 3 by 75 percent.
        Step 5--Multiply the amount from Step 4 by the appropriate DRG 
    relative weight (see Table 5, section V of the addendum).
        b. National Rate.
        The national prospective payment rate is determined as follows:
        Step 1--Multiply the labor-related portion of the national average 
    standardized amount (see Table 1c, section V of the addendum) by the 
    appropriate wage index. 
    
    [[Page 45858]]
    
        Step 2--Add the amount from Step 1 and the nonlabor-related portion 
    of the national average standardized amount.
        Step 3--Multiply the result in Step 2 by 25 percent.
        Step 4--Multiply the amount from Step 3 by the appropriate DRG 
    relative weight (see Table 5, section V of the addendum).
        The sum of the Puerto Rico rate and the national rate computed 
    above equals the prospective payment for a given discharge for a 
    hospital located in Puerto Rico.
    III. Changes to Payment Rates for Inpatient Capital-Related Costs for 
    FY 1996
    
        The prospective payment system for hospital inpatient capital-
    related costs was implemented for cost reporting periods beginning on 
    or after October 1, 1991. Effective with that cost reporting period and 
    during a 10-year transition period extending through FY 2001, hospital 
    inpatient capital-related costs are paid on the basis of an increasing 
    proportion of the capital prospective payment system Federal rate and a 
    decreasing proportion of the hospital's historical costs for capital.
        The basic methodology for determining Federal capital prospective 
    rates is set forth at Secs. 412.308 through 412.352. Below we discuss 
    the factors that we used to determine the Federal rate and the 
    hospital-specific rates for FY 1996. The rates will be effective for 
    discharges occurring on or after October 1, 1995.
        For FY 1992, we computed the standard Federal payment rate for 
    capital-related costs under the prospective payment system by updating 
    the FY 1989 Medicare inpatient capital cost per case by an actuarial 
    estimate of the increase in Medicare inpatient capital costs per case. 
    Each year after FY 1992 we update the standard Federal rate, as 
    provided in Sec. 412.308(c)(1), to account for capital input price 
    increases and other factors. Also, Sec. 412.308(c)(2) provides that the 
    Federal rate is adjusted annually by a factor equal to the estimated 
    additional payments under the Federal rate for outlier cases, 
    determined as a proportion of total capital payments under the Federal 
    rate. Section 412.308(c)(3) further requires that the Federal rate be 
    reduced by an adjustment factor equal to the estimated additional 
    payments made for exceptions under Sec. 412.348, and 
    Sec. 412.308(c)(4)(ii) requires that the Federal rate be adjusted so 
    that the annual DRG reclassification and the recalibration of DRG 
    weights and changes in the geographic adjustment factor are budget 
    neutral. For FY 1992 through FY 1995, Sec. 412.352 required that the 
    Federal rate also be adjusted by a budget neutrality factor so that 
    estimated aggregate payments for inpatient hospital capital costs will 
    equal 90 percent of the estimated payments that would have been made 
    for capital-related costs on a reasonable cost basis during the fiscal 
    year. As discussed below, that provision has now expired.
        The hospital-specific rate for each hospital was calculated by 
    dividing the hospital's Medicare inpatient capital-related costs for a 
    specified base year by its Medicare discharges (adjusted for 
    transfers), and dividing the result by the hospital's case mix index 
    (also adjusted for transfers). The resulting case-mix adjusted average 
    cost per discharge was then updated to FY 1992 based on the national 
    average increase in Medicare's inpatient capital cost per discharge and 
    adjusted by the exceptions payment adjustment factor and the budget 
    neutrality adjustment factor to yield the FY 1992 hospital-specific 
    rate. The hospital-specific rate is updated each year after FY 1992 for 
    inflation and for changes in the exceptions payment adjustment factor. 
    For FY 1992 through FY 1995, the hospital-specific rate was also 
    adjusted by a budget neutrality adjustment factor.
        To determine the appropriate budget neutrality adjustment factors 
    and the exceptions payment adjustment factor, we developed a dynamic 
    model of Medicare inpatient capital-related costs, that is, a model 
    that projects changes in Medicare inpatient capital-related costs over 
    time. With the expiration of the budget neutrality provision, the model 
    is still used to estimate the exceptions payment adjustment and other 
    factors. The model and its application are described more fully in 
    Appendix B.
        In accordance with section 1886(d)(9)(A) of the Act, under the 
    prospective payment system for inpatient operating costs, hospitals 
    located in Puerto Rico are paid under a special payment formula. These 
    hospitals are paid a blended rate that is comprised of 75 percent of 
    the applicable standardized amount specific to Puerto Rico hospitals 
    and 25 percent of the applicable national average standardized amount. 
    Section 412.374 provides for the use of this blended payment system for 
    payments to Puerto Rico hospitals under the prospective payment system 
    for inpatient capital-related costs. Accordingly, for capital-related 
    costs we compute a separate payment rate specific to Puerto Rico 
    hospitals using the same methodology used to compute the national 
    Federal rate for capital. Hospitals in Puerto Rico are paid based on 75 
    percent of the Puerto Rico rate and 25 percent of the Federal rate.
    
    A. Determination of Federal Inpatient Capital-Related Prospective 
    Payment Rate Update
    
        For FY 1995, the Federal rate was $376.83. In the proposed rule, we 
    stated that the proposed FY 1996 Federal rate was $457.11. In this 
    final rule, we are establishing an FY 1996 Federal rate of $461.96.
        In the discussion that follows, we explain the factors that were 
    used to determine the FY 1996 Federal rate. In particular, we explain 
    why the FY 1996 Federal rate has increased 22.59 percent compared to 
    the FY 1995 Federal rate. We also explain that aggregate payments for 
    capital in FY 1996 are estimated to increase by 20.56 percent.
        The major factor contributing to the increase in the FY 1996 rate 
    in comparison to FY 1995 is the expiration of the budget neutrality 
    requirement. Section 412.352 required that estimated payments each year 
    from FY 1992 through FY 1995 for capital costs equal 90 percent of the 
    amount that would have been payable that year on a reasonable cost 
    basis. Accordingly, each year from FY 1992 through FY 1995, we applied 
    an adjustment to the Federal rate and the hospital-specific rate so 
    that estimated capital prospective payments would equal 90 percent of 
    estimated Medicare hospital inpatient capital-related costs.
        Based on the most recent data, we now estimate that capital 
    payments equalled 95.77 percent of reasonable costs in FY 1992, 90.99 
    percent of reasonable costs in FY 1993, 90.43 percent of reasonable 
    costs in FY 1994, and 90.58 percent of reasonable costs in FY 1995. 
    Thus, the data indicate that the budget neutrality adjustment for FY 
    1992 was not sufficient to meet the 90-percent target and, 
    consequently, the Federal rate for FY 1992 was higher than it should 
    have been. For FY 1993, FY 1994 and FY 1995, however, our estimates are 
    that payments exceeded the budget neutrality target by less than one 
    percentage point. We do not retroactively adjust the budget neutrality 
    factor and the Federal rate for previous years to account for revised 
    estimates. For FY 1996, we estimate that payments will exceed costs by 
    3.97 percent as a result of the expiration of the budget neutrality 
    provision.
        As we explain in section III.A.8 below, the predominant factor in 
    the 22.59 percent increase in the Federal rate, as well as the 20.56 
    percent increase in payments, is the expiration 
    
    [[Page 45859]]
    of the budget neutrality provision. For FY 1995, the budget neutrality 
    adjustment was 0.8432, a 15.68 percent reduction to the rates. The 
    expiration of that provision alone accounts for an 18.6 percent 
    increase (1.00/.8432 = 1.186, or 18.6 percent) in the rate. The FY 1996 
    update factor and changes in the outlier and exceptions factors also 
    contribute to the increase in the rate. The factors contributing to the 
    increase in the rate were partially offset by a special adjustment to 
    the rate to account for the effects of the new transfer policy, and by 
    the effect of the DRG/GAF reduction factor.
        Total payments to hospitals under the prospective payment system 
    are relatively insensitive even to changes of such magnitude in the 
    capital Federal rate. Since capital payments constitute about 10 
    percent of hospital payments, a 1 percent change in the capital Federal 
    rate yields only about 0.1 percent change in actual payments to 
    hospitals. Therefore, the large increase in the FY 1996 Federal rate 
    can be expected to increase total payments to hospitals under the 
    prospective payment system by only about 2.06 percent.
    1. Special Federal Rate Adjustment for the Effects of the New Transfer 
    Payment Policy
        Section 412.312(d) provides that payment under the capital 
    prospective payment system for transfer cases is made under the same 
    rules governing transfer payments under the operating prospective 
    payment system. Transfer cases under the prospective payment system for 
    capital-related costs have been paid on a per diem basis, using the 
    full prospective payment amount for the DRG (both Federal rate and 
    hospital-specific rate, if appropriate) divided by the geometric mean 
    length of stay for the DRG, but not to exceed the full prospective 
    payment. Section IV.A of the preamble describes the implementation of a 
    graduated per diem payment methodology for transfer cases. Beginning in 
    FY 1996, we will pay double the per diem amount for the first day and 
    the per diem amount for subsequent days, up to the full prospective 
    payment amount. Section 109 of the Social Security Amendments of 1994 
    (Public Law 103-432) authorizes the Secretary to make adjustments to 
    the operating prospective payment system rates so that adjustments to 
    the payment policy for transfer cases do not affect aggregate payments. 
    Section II of the addendum describes the methodology for making the 
    adjustment to the operating rates.
        In order to maintain consistency with the prospective payment 
    system for operating costs, we believe that a parallel adjustment to 
    the Federal capital rate and the hospital-specific capital rates is 
    warranted. In this way, revision of the payment policy for transfer 
    cases will not affect aggregate payments under the prospective payment 
    system for capital-related costs. We describe the methodology for 
    making this adjustment in Appendix B of this final rule. Following that 
    methodology, we have determined that a special adjustment of .9972 
    (-0.28 percent) to the standard Federal rate and the hospital-specific 
    rates is required.
    
    2. Standard Federal Rate Update
    
        Section 412.308(c)(1)(ii) provides that, effective FY 1996, the 
    standard Federal rate is updated on the basis of an analytical 
    framework that takes into account changes in a capital input price 
    index and other factors. We discuss the analytical framework and the 
    derivation of the final FY 1996 update factor under that framework in 
    section V.A of the preamble to this final rule. The final update factor 
    for FY 1996 is 1.2 percent.
    3. Outlier Payment Adjustment Factor
        Section 412.312(c) establishes a unified outlier methodology for 
    inpatient operating and inpatient capital-related costs. A single set 
    of thresholds is used to identify outlier cases for both inpatient 
    operating and inpatient capital-related payments. Outlier payments are 
    made only on the portion of the Federal rate that is used to calculate 
    the hospital's inpatient capital-related payments (for example, 50 
    percent for cost reporting periods beginning in FY 1996 for hospitals 
    paid under the fully prospective methodology). Section 412.308(c)(2) 
    provides that the standard Federal rate for inpatient capital-related 
    costs be reduced by an adjustment factor equal to the estimated 
    additional payments under the Federal rate for outlier cases, 
    determined as a proportion of inpatient capital-related payments under 
    the Federal rate. The outlier thresholds are set so that estimated 
    outlier payments are 5.1 percent of estimated total DRG payments. The 
    inpatient capital-related outlier reduction factor is then set 
    according to the estimated inpatient capital-related outlier payments 
    that would be made if all hospitals were paid according to 100 percent 
    of the Federal rate. For purposes of calculating the outlier thresholds 
    and the outlier reduction factor, we model all hospitals as if paid 100 
    percent of the Federal rate because, as explained above, outlier 
    payments are made only on the portion of the Federal rate that is 
    included in the hospital's inpatient capital-related payments.
        In the September 1, 1994 final rule, we estimated that outlier 
    payments for capital in FY 1995 would equal 5.86 percent of inpatient 
    capital-related payments based on the Federal rate. Accordingly, we 
    applied an outlier adjustment factor of 0.9414 to the Federal rate. 
    Based on the thresholds as set forth in section II.A.4.d of the 
    addendum, we estimate that outlier payments will equal 4.64 percent of 
    inpatient capital-related payments based on the Federal rate in FY 
    1996. We are, therefore, applying an outlier adjustment factor of 
    0.9536 to the Federal rate. Thus, estimated capital outlier payments 
    for FY 1996 represent a lower percentage of total capital payments than 
    in FY 1995.
        The outlier reduction factors are not built permanently into the 
    rates; that is, they are not applied cumulatively in determining the 
    Federal rate. Therefore, the net change in the outlier adjustment to 
    the Federal rate for FY 1996 is 1.0129 (.9536/.9414). Thus, the outlier 
    adjustment increases the FY 1996 Federal rate by 1.29 percent (1.0129-
    1) compared with the FY 1995 outlier adjustment.
    4. Budget Neutrality Adjustment Factor for Changes in DRG 
    Classifications and Weights and the Geographic Adjustment Factor
        Section 412.308(c)(4)(ii) requires that the Federal rate be 
    adjusted so that estimated aggregate payments for the fiscal year based 
    on the Federal rate after any changes resulting from the annual DRG 
    reclassification and recalibration and changes in the geographic 
    adjustment factor equal estimated aggregate payments that would have 
    been made on the basis of the Federal rate without such changes. We use 
    the actuarial model described in Appendix B to estimate the aggregate 
    payments that would have been made on the basis of the Federal rate 
    without changes in the DRG classifications and weights and in the 
    geographic adjustment factor. We also use the model to estimate 
    aggregate payments that would be made on the basis of the Federal rate 
    as a result of those changes. We then use these figures to compute the 
    adjustment required to maintain budget neutrality for changes in DRG 
    weights and in the geographic adjustment factor.
        For FY 1995, we calculated a GAF/DRG budget neutrality factor of 
    0.9998. In the proposed rule for FY 1996, we proposed a GAF/DRG budget 
    neutrality factor of 0.9993. In this final rule, based on calculations 
    using updated data, we 
    
    [[Page 45860]]
    are applying a factor of 0.9994 to meet this requirement. The GAF/DRG 
    budget neutrality factors are built permanently into the rates; that 
    is, they are applied cumulatively in determining the Federal rate. This 
    follows from the requirement that estimated aggregate payments each 
    year be no more than they would have been in the absence of the annual 
    DRG reclassification and recalibration and changes in the geographic 
    adjustment factor. The incremental change in the adjustment from FY 
    1995 to FY 1996 is 0.9994. The cumulative change in the rate due to 
    this adjustment is 1.0025 (the product of the incremental factors for 
    FY 1993, FY 1994, FY 1995, and FY 1996: .9980  x  1.0053  x  .9998  x  
    .9994 = 1.0025).
        This factor accounts for DRG reclassifications and recalibration 
    and for changes in the geographic adjustment factor. It also 
    incorporates the effects on the geographic adjustment factor of FY 1996 
    geographic reclassification decisions made by the MGCRB compared to FY 
    1995 decisions. However, it does not account for changes in payments 
    due to changes in the disproportionate share and indirect medical 
    education adjustment factors or in the large urban add-on.
    5. Exceptions Payment Adjustment Factor
        Section 412.308(c)(3) requires that the standard Federal rate for 
    inpatient capital-related costs be reduced by an adjustment factor 
    equal to the estimated additional payments for exceptions under 
    Sec. 412.348 determined as a proportion of total payments under the 
    hospital-specific rate and Federal rate. We use the model originally 
    developed for determining the budget neutrality adjustment factor to 
    estimate payments under the exceptions payment process and to determine 
    the exceptions payment adjustment factor. We describe that model in 
    Appendix B to this final rule.
        For FY 1995, we estimated that exceptions payments would equal 2.66 
    percent of aggregate payments based on the Federal rate and the 
    hospital-specific rate. Therefore, we applied an exceptions reduction 
    factor of 0.9734 (1-.0266) in determining the Federal rate. For FY 
    1996, we estimated in the June 2, 1995, proposed rule that exceptions 
    payments would equal 1.60 percent of aggregate payments based on the 
    Federal rate and the hospital-specific rate. Therefore, we proposed to 
    apply an exceptions reduction factor of 0.9840 (1-0.0160) to determine 
    the FY 1996 Federal rate. For this final rule, we estimate that 
    exceptions payments for FY 1996 will equal 1.51 percent of aggregate 
    payments based on the Federal rate and the hospital-specific rate. We 
    are, therefore, applying an exceptions payment reduction factor of 
    0.9849 to the Federal rate for FY 1996.
        The final exceptions reduction factor for FY 1996 is thus 1.18 
    percent higher than the factor for FY 1995, and 0.09 percent higher 
    than the factor in the FY 1996 proposed rule. The reduced level of 
    estimated exceptions payments for FY 1996 compared to FY 1995 is a 
    result of the significant increases in the capital rates and in 
    aggregate capital payments.
        The exceptions reduction factors are not built permanently into the 
    rates; that is, the factors are not applied cumulatively in determining 
    the Federal rate. Therefore, the net adjustment to the FY 1996 Federal 
    rate is .9849/.9734, or 1.0118.
    6. Expiration of Budget Neutrality Provision
        For FY 1992 through FY 1995, Sec. 412.352 required that the Federal 
    rate also be adjusted by a budget neutrality factor so that estimated 
    aggregate payments for inpatient hospital capital costs would equal 90 
    percent of the estimated payments that would have been made for 
    capital-related costs on a reasonable cost basis during the fiscal 
    year. That provision has now expired. The expiration of the budget 
    neutrality provision is the predominant factor in the 22.59 percent 
    increase in the Federal rate, as well as the 20.56 percent increase in 
    payments.
        For FY 1995, the budget neutrality adjustment was 0.8432, a 15.68 
    percent reduction to the rates. The budget neutrality factors were not 
    built permanently into the rates; that is, the factors were not applied 
    cumulatively in determining the Federal rate. With the expiration of 
    the budget neutrality provision, the net adjustment to the rate is thus 
    1.186 (1.00/.8432=1.186), or 18.6 percent. The expiration of the 
    provision, therefore, accounts for an 18.6 percent increase in the 
    rate.
    7. Standard Capital Federal Rate for FY 1996
        For FY 1995, the capital Federal rate was $376.83. With the changes 
    we proposed to the factors used to establish the Federal rate, we 
    proposed that the FY 1996 Federal rate would be $457.11. In this final 
    rule, we are establishing an FY 1996 Federal rate of $461.96. The final 
    Federal rate for FY 1996 was calculated as follows:
         The FY 1996 special adjustment to the standard Federal 
    rate to account for the change in transfer payment policy is 0.9972.
         The FY 1996 update factor is 1.0120.
         The FY 1996 outlier adjustment factor is 0.9536.
         The FY 1996 budget neutrality adjustment factor that is 
    applied to the standard Federal payment rate for changes in the DRG 
    relative weights and in the geographic adjustment factor is 0.9994.
         The FY 1996 exceptions payments adjustment factor is 
    0.9849.
         The expiration of the budget neutrality provision requires 
    that the FY 1995 budget neutrality adjustment be removed from the rate 
    without further incremental adjustment.
        Since the Federal rate has already been adjusted for differences in 
    case mix, wages, cost of living, indirect medical education costs, and 
    payments to hospitals serving a disproportionate share of low-income 
    patients, we are making no additional adjustments in the standard 
    Federal rate for these factors other than the budget neutrality factor 
    for changes in the DRG relative weights and the geographic adjustment 
    factor.
        We are providing a chart that shows how each of the factors and 
    adjustments for FY 1996 affected the computation of the final FY 1996 
    Federal rate in comparison to the FY 1995 Federal rate. The special 
    adjustment to account for the effects of changes in transfer payment 
    policy has the effect of reducing the rate by 0.28 percent. The final 
    FY 1996 update factor has the effect of increasing the Federal rate 
    1.20 percent compared to the rate in FY 1995, while the final 
    geographic and DRG budget neutrality factor has the effect of 
    decreasing the Federal rate by 0.06 percent. The final FY 1996 outlier 
    adjustment factor has the effect of increasing the Federal rate by 1.29 
    percent compared to FY 1995. The final FY 1996 exceptions reduction 
    factor has the effect of increasing the Federal rate by 1.18 percent 
    compared to the exceptions reduction for FY 1995. Finally, the 
    expiration of the budget neutrality provision has the effect of 
    increasing the final FY 1996 rate by 18.60 percent compared to the 
    effect of the budget neutrality reduction in FY 1995. The combined 
    effect of all the changes is to increase the Federal rate by 22.59 
    percent compared to the Federal rate for FY 1995.
    
                                                                            
    
    [[Page 45861]]
     Comparison of Factors and Adjustments: FY 1995 Federal Rate and FY 1996
                                  Federal Rate                              
    ------------------------------------------------------------------------
                                                                    Percent 
                                                        Change      change  
    ------------------------------------------------------------------------
    Transfer adjustment:                                                    
        FY 1995.........................         N/A  ..........            
        FY 1996.........................      0.9972      0.9972       -0.28
    Update factor \1\:                                                      
        FY 1995.........................      1.0344  ..........  ..........
        FY 1996.........................      1.0120      1.0120        1.20
    GAF/DRG adjustment factor: \1\                                          
        FY 1995.........................      0.9998  ..........  ..........
        FY 1996.........................      0.9994      0.9994       -0.06
    Outlier adjustment factor:\2\                                           
        FY 1995.........................      0.9414  ..........  ..........
        FY 1996.........................      0.9536      1.0129        1.29
    Exceptions adjustment factor: \2\                                       
        FY 1995.........................      0.9734  ..........  ..........
        FY 1996.........................      0.9849      1.0118        1.18
    Budget neutrality adjustment factor:                                    
     \2\                                                                    
        FY 1995.........................      0.8432  ..........  ..........
        FY 1996.........................      1.0000      1.1860       18.60
    Federal Rate:                                                           
        FY 1995.........................     $376.83  ..........  ..........
        FY 1996.........................     $461.96      1.2259      22.59 
    ------------------------------------------------------------------------
    \1\ The update factor and the GAF/DRG budget neutrality factors are     
      built permanently into the rates. Thus, for example, the incremental  
      change from FY 1995 to FY 1996 resulting from the application of the  
      0.9994 GAF/DRG budget neutrality factor for FY 1996 is 0.9994.        
    \2\ The outlier reduction factor and the exceptions reduction factor are
      not built permanently into the rates; that is, these factors are not  
      applied cumulatively in determining the rates. Thus, for example, the 
      net change resulting from the application of the FY 1996 exceptions   
      reduction factor is 0.9849/0.9734, or 1.0118. The result of the       
      expiration of budget neutrality is that the FY 1995 budget neutrality 
      factor is removed from the rate without further incremental adjustment
      (i.e., the FY 1996 adjustment of .8432 is divided out of the rate     
      without further adjustment, for a net adjustment of 1.0000/.8432, or  
      1.1860).                                                              
    
    
        We are also providing a chart that shows how the final FY 1996 
    Federal rate differs from the proposed FY 1996 Federal rate.
        This chart shows that the major factor in the 1.06 percent increase 
    in the rate since the proposed rule is the 1.15 percent increase due to 
    our decision not to implement the proposed tax adjustment factor at 
    this time. We discuss our reasons for this decision in section V.B. of 
    the preamble. As the chart shows, the effect of this change, when 
    compared to the proposed FY 1996 Federal rate, is to increase the rate 
    by 1.15 percent. In addition, there have been small changes in the 
    outlier and exceptions factors that contribute to the small increase in 
    the rate. As the chart also shows, the effect of these changes was 
    partially offset by a decrease in the final update factor compared to 
    the update factor in the proposed rule.
    
    Comparison of Factors and Adjustments: Proposed FY 1996 Federal Rate and
                           Final FY 1996 Federal Rate                       
    ------------------------------------------------------------------------
                                                         Net        Percent 
                                                      adjustment    change  
    ------------------------------------------------------------------------
    Update factor:                                                          
        Proposed FY 1996...............      1.0150  ...........  ..........
        Final FY 1996..................      1.0120       0.9970       -0.30
    Transfer adjustment:                                                    
        Proposed FY 1996...............      0.9972  ...........  ..........
        Final FY 1996..................      0.9972       1.0000        0.00
    Tax adjustment:                                                         
        Proposed FY 1996...............      0.9886  ...........  ..........
        Final FY 1996..................      1.0000       1.0115        1.15
    Outlier reduction factor:                                               
        Proposed FY 1996...............      0.9526  ...........  ..........
        Final FY 1996..................      0.9536       1.0010        0.10
    GAF/DRG reduction factor:                                               
        Proposed FY 1996...............      0.9993  ...........  ..........
        Final FY 1996..................      0.9994       1.0001        0.01
    Exceptions reduction factor:                                            
        Proposed FY 1996...............      0.9840  ...........  ..........
        Final FY 1996..................      0.9849       1.0009        0.09
    Budget neutrality adjustment                                            
     factor:                                                                
        Proposed FY 1996...............      1.0000  ...........  ..........
        Final FY 1996..................      1.0000       1.0000        0.00
    Federal rate:                                                           
        Proposed FY 1996...............     $457.11  ...........  ..........
        Final FY 1996..................     $461.96       1.0106        1.06
    ------------------------------------------------------------------------
    
    
    [[Page 45862]]
    
    8. Special Rate for Puerto Rico Hospitals
        For FY 1995, the special rate for Puerto Rico hospitals was 
    $289.87. With the changes we proposed making to the factors used to 
    determine the rate, the proposed FY 1996 special rate for Puerto Rico 
    was $351.61. In this final rule, the FY 1996 capital rate for Puerto 
    Rico is $355.35.
    
    B. Determination of Hospital-Specific Rate Update
    
        Section 412.328(e) of the regulations provides that the hospital-
    specific rate for FY 1996 be determined by adjusting the FY 1995 
    hospital-specific rate by the following factors:
    1. Special Adjustment for the Effects of the New Transfer Policy
        Section 412.312(d) of the regulations provides that payment under 
    the capital prospective payment system for transfer cases is made under 
    the same rules governing transfer payments under the operating 
    prospective payment system. Transfer cases under the prospective 
    payment system for capital-related costs have been paid on a per diem 
    basis, using the full prospective payment amount for the DRG (both 
    Federal rate and hospital-specific rate, if appropriate) divided by the 
    geometric mean length of stay for the DRG, but not to exceed the full 
    prospective payment. Section IV.A of the preamble to this final rule 
    describes our adoption of a graduated per diem payment methodology for 
    transfer cases. Under this policy, we will pay double the per diem 
    amount for the first day and the per diem amount for subsequent days, 
    up to the full prospective payment amount. Section 109 of the Social 
    Security Amendments of 1994 (Public Law 103-432) authorizes the 
    Secretary to make adjustments to the operating prospective payment 
    system rates so that adjustments to the payment policy for transfer 
    cases do not affect aggregate payments. Section II of this Addendum 
    describes the methodology for making the adjustment to the operating 
    rates.
        In order to maintain consistency with the prospective payment 
    system for operating costs, we believe that a parallel adjustment to 
    the Federal capital rate and the hospital-specific capital rates is 
    warranted. In this way, revision of the payment policy for transfer 
    cases will not affect aggregate payments under the prospective payment 
    system for capital-related costs. We describe the methodology for 
    making this adjustment in Appendix B of this proposed rule. Following 
    that methodology, we have determined that a special adjustment of 
    0.9972 (-0.28 percent) to the standard Federal rate and the hospital-
    specific rates is required. We have revised Sec. 412.328(e) 
    accordingly.
    2. Hospital-Specific Rate Update Factor
        The hospital-specific rate is updated in accordance with the update 
    factor for the standard Federal rate determined under 
    Sec. 412.308(c)(1). For FY 1996, the hospital-specific rate will be 
    updated by a factor of 1.012.
    3. Exceptions Payment Adjustment Factor
        For FY 1992 through FY 2001, the updated hospital-specific rate is 
    multiplied by an adjustment factor to account for estimated exceptions 
    payments for capital-related costs under Sec. 412.348, determined as a 
    proportion of the total amount of payments under the hospital-specific 
    rate and the Federal rate. For FY 1996, we estimated in the proposed 
    rule that exceptions payments would be 1.60 percent of aggregate 
    payments based on the Federal rate and the hospital-specific rate. We 
    therefore proposed that the updated hospital-specific rate be reduced 
    by a factor of 0.9840. In this final rule, we estimate that exceptions 
    payments will be 1.51 percent of aggregate payments based on the 
    Federal rate and the hospital-specific rate. We are therefore applying 
    an exceptions reduction factor of 0.9849 to the hospital-specific rate. 
    The exceptions reduction factors are not built permanently into the 
    rates; that is, the factors are not applied cumulatively in determining 
    the hospital-specific rate. Therefore, the proposed net adjustment to 
    the FY 1996 hospital-specific rate is .9849/.9734, or 1.0118.
    4. Expiration of the Budget Neutrality Provision
        For FY 1992 through FY 1995, the updated hospital-specific rate was 
    adjusted by a budget neutrality adjustment factor determined under 
    Sec. 412.352, so that estimated aggregate payments under the capital 
    prospective payment system would equal 90 percent of estimated payments 
    that would have been made on a reasonable cost basis. (The budget 
    neutrality adjustment for changes in the DRG classifications and 
    relative weights and in the geographic adjustment factor is not applied 
    to the hospital-specific rate.) For FY 1995, the budget neutrality 
    adjustment was 0.8432. The budget neutrality provision has now expired. 
    Therefore, for FY 1996 there is no budget neutrality adjustment. The 
    budget neutrality factor was not built permanently into the rates; that 
    is, the factor was not applied cumulatively in determining the 
    hospital-specific rate. Therefore, the net adjustment to the FY 1996 
    hospital-specific rate as a result of the expiration of the budget 
    neutrality provision is 1.0000/.8432, or 1.1860.
    5. Net Change to Hospital-Specific Rate
        We are providing a chart to show the net change to the hospital-
    specific rate. The chart shows the factors for FY 1995 and FY 1996 and 
    the net adjustment for each factor. It also shows that the proposed 
    cumulative net adjustment from FY 1995 to FY 1996 is 1.2110, which 
    represents an increase of 21.10 percent to the hospital-specific rate. 
    The FY 1996 hospital-specific rate for each hospital is determined by 
    multiplying the FY 1995 hospital-specific rate by the cumulative net 
    adjustment of 1.2110.
    
            FY 1996 Update and Adjustments to Hospital-Specific Rates       
    ------------------------------------------------------------------------
                                                         Net        Percent 
                                                      adjustment    change  
    ------------------------------------------------------------------------
    Update factor:                                                          
        FY 1995........................      1.0344  ...........  ..........
        FY 1996........................      1.0120       1.0120        1.20
    Transfer adjustment:                                                    
        FY 1995........................         N/A                         
        FY 1996........................      0.9972       0.9972       -0.28
    Exceptions payment adjustment                                           
     factor:                                                                
        FY 1995........................      0.9734  ...........  ..........
        FY 1996........................      0.9849       1.0118        1.18
    Budget neutrality factor:                                               
        FY 1995........................      0.8432  ...........  ..........
    
    [[Page 45863]]
                                                                            
        FY 1996........................      1.0000       1.1860       18.60
    Cumulative adjustments:                                                 
        FY 1995........................      0.8457  ...........  ..........
        FY 1996........................      1.0241       1.2110       21.10
    ------------------------------------------------------------------------
    
    
        Note: The update factor for the hospital-specific rate is 
    applied cumulatively in determining the rates. Thus, the incremental 
    increase in the update factor from FY 1995 to FY 1996 is 1.0120. In 
    contrast, the exceptions payment adjustment factor and the budget 
    neutrality factor are not applied cumulatively. Thus, for example, 
    the incremental increase in the exceptions reduction factor from FY 
    1995 to FY 1996 is .9849/.9734, or 1.0118.
    C. Calculation of Inpatient Capital-Related Prospective Payments for FY 
    1996
    
        During the capital prospective payment system transition period, a 
    hospital is paid for inpatient capital-related costs under one of two 
    alternative payment methodologies: the fully prospective payment 
    methodology or the hold-harmless methodology. The payment methodology 
    applicable to a particular hospital is determined when a hospital comes 
    under the prospective payment system for capital-related costs by 
    comparing its hospital-specific rate to the Federal rate applicable to 
    the hospital's first cost reporting period under the prospective 
    payment system. The applicable Federal rate was determined by 
    adjusting:
         For outliers by dividing the standard Federal rate by the 
    outlier reduction factor for that fiscal year; and,
         For the payment adjustment factors applicable to the 
    hospital (that is, the hospital's geographic adjustment factor, the 
    disproportionate share adjustment factor, and the indirect medical 
    education adjustment factor, when appropriate).
        If the hospital-specific rate is above the applicable Federal rate, 
    the hospital is paid under the hold-harmless methodology. If the 
    hospital-specific rate is below the applicable Federal rate, the 
    hospital is paid under the fully prospective methodology.
        For purposes of calculating payments for each discharge under both 
    the hold-harmless payment methodology and the fully prospective payment 
    methodology, the standard Federal rate is adjusted as follows:
    
    (Standard Federal Rate)  x  (DRG weight)  x  (Geographic Adjustment 
    Factor)  x  (Large Urban Add-on, if applicable)  x  (COLA adjustment 
    for hospitals located in Alaska and Hawaii)  x  (1 + Disproportionate 
    Share Adjustment Factor + Indirect Medical Education Adjustment Factor, 
    if applicable).
    
    The result is termed the adjusted Federal rate.
        Payments under the hold-harmless methodology are determined under 
    one of two formulas. A hold-harmless hospital is paid the higher of:
         100 percent of the adjusted Federal rate for each 
    discharge; or
         An old capital payment equal to 85 percent (100 percent 
    for sole community hospitals) of the hospital's allowable Medicare 
    inpatient old capital costs per discharge for the cost reporting period 
    plus a new capital payment based on a percentage of the adjusted 
    Federal rate for each discharge. The percentage of the adjusted Federal 
    rate equals the ratio of the hospital's allowable Medicare new capital 
    costs to its total Medicare inpatient capital-related costs in the cost 
    reporting period.
        Once a hospital receives payment based on 100 percent of the 
    adjusted Federal rate in a cost reporting period beginning on or after 
    October 1, 1994 (or the first cost reporting period after obligated 
    capital that is recognized as old capital under Sec. 412.302(c) is put 
    in use for patient care, if later), the hospital continues to receive 
    capital prospective payment system payments on that basis for the 
    remainder of the transition period.
        Payment for each discharge under the fully prospective methodology 
    is the sum of:
         The hospital-specific rate multiplied by the DRG relative 
    weight for the discharge and by the applicable hospital-specific 
    transition blend percentage for the cost reporting period; and
         The adjusted Federal rate multiplied by the Federal 
    transition blend percentage.
        The blend percentages for cost reporting periods beginning in FY 
    1996 are 50 percent of the adjusted Federal rate and 50 percent of the 
    hospital-specific rate.
        Hospitals may also receive outlier payments for those cases that 
    qualify under the thresholds established for each fiscal year. Section 
    412.312(c) provides for a single set of thresholds to identify outlier 
    cases for both inpatient operating and inpatient capital-related 
    payments. Outlier payments are made only on that portion of the 
    hospital's inpatient capital-related payments that is based on the 
    Federal rate. For fully prospective hospitals, that portion is 50 
    percent Federal rate for discharges occurring in cost reporting periods 
    beginning during FY 1996. Thus, a fully prospective hospital will 
    receive 50 percent of the capital-related outlier payment calculated 
    for the case for discharges occurring in cost reporting periods 
    beginning in FY 1996. For hold-harmless hospitals paid 85 percent of 
    their reasonable costs for old inpatient capital, the portion of the 
    Federal rate that is included in the hospital's outlier payments is 
    based on the hospital's ratio of Medicare inpatient costs for new 
    capital to total Medicare inpatient capital costs. For hold-harmless 
    hospitals that are paid based on 100 percent of the Federal rate, 100 
    percent of the Federal rate is included in the hospital's outlier 
    payments.
        The outlier thresholds for FY 1996 are published in section 
    II.A.4.c of this Addendum. For FY 1996, a case qualifies as a cost 
    outlier if the cost for the case (after standardization for the 
    indirect teaching adjustment and disproportionate share adjustment) is 
    greater than the prospective payment rate for the DRG plus $15,150. A 
    case qualifies as a day outlier for FY 1996 if the length of stay is 
    greater than the geometric mean length of stay for the DRG plus the 
    lesser of three standard deviations of the length of stay or 23 days.
        During the capital prospective payment system transition period, a 
    hospital may also receive an additional payment under an exceptions 
    process if its total inpatient capital-related payments are less than a 
    minimum percentage of its allowable Medicare inpatient capital-related 
    costs. The minimum payment level is established by class of hospital 
    under Sec. 412.348. The minimum payment levels for portions of cost 
    reporting periods occurring in FY 1996 are: 
    
    [[Page 45864]]
    
         Sole community hospitals (located in either an urban or 
    rural area), 90 percent;
         Urban hospitals with at least 100 beds and a 
    disproportionate share patient percentage of at least 20.2 percent and 
    urban hospitals with at least 100 beds that qualify for 
    disproportionate share payments under Sec. 412.106(c)(2), 80 percent; 
    and,
         All other hospitals, 70 percent.
        Under Sec. 412.348(d), the amount of the exceptions payment is 
    determined by comparing the cumulative payments made to the hospital 
    under the capital prospective payment system to the cumulative minimum 
    payment levels applicable to the hospital for each cost reporting 
    period subject to that system. Any amount by which the hospital's 
    cumulative payments exceed its cumulative minimum payment is deducted 
    from the additional payment that would otherwise be payable for a cost 
    reporting period.
        New hospitals are exempted from the capital prospective payment 
    system for their first 2 years of operation and are paid 85 percent of 
    their reasonable costs during that period. A new hospital's old capital 
    costs are its allowable costs for capital assets that were put in use 
    for patient care on or before the later of December 31, 1990 or the 
    last day of the hospital's base year cost reporting period, and are 
    subject to the rules pertaining to old capital and obligated capital as 
    of the applicable date. Effective with the third year of operation, we 
    will pay the hospital under either the fully prospective methodology, 
    using the appropriate transition blend in that Federal fiscal year, or 
    the hold-harmless methodology. If the hold-harmless methodology is 
    applicable, the hold-harmless payment for assets in use during the base 
    period would extend for 8 years, even if the hold-harmless payments 
    extend beyond the normal transition period.
    
    IV. Changes for Excluded Hospitals and Units
    
    A. Rate-of-Increase Percentages for Excluded Hospitals and Units
    
        The inpatient operating costs of hospitals and hospital units 
    excluded from the prospective payment system are subject to rate-of-
    increase limits established under the authority of section 1886(b) of 
    the Act, which is implemented in Sec. 413.40 of the regulations. Under 
    these limits, an annual target amount (expressed in terms of the 
    inpatient operating cost per discharge) is set for each hospital, based 
    on the hospital's own historical cost experience trended forward by the 
    applicable rate-of-increase percentages (update factors). The target 
    amount is multiplied by the number of Medicare discharges in a 
    hospital's cost reporting period, yielding the ceiling on aggregate 
    Medicare inpatient operating costs for the cost reporting period.
        Effective with cost reporting periods beginning on or after October 
    1, 1991, a hospital that has Medicare inpatient operating costs in 
    excess of its ceiling is paid its ceiling plus 50 percent of its costs 
    in excess of the ceiling. Total payment may not exceed 110 percent of 
    the ceiling. A hospital that has inpatient operating costs less than 
    its ceiling will continue to be paid its costs plus the lower of--
         Fifty percent of the difference between the allowable 
    inpatient operating costs and the ceiling; or
         Five percent of the ceiling.
        Each hospital's target amount is adjusted annually, at the 
    beginning of its cost reporting period, by an applicable rate-of-
    increase percentage. Section 13502 of Public Law 103-66 amended section 
    1886(b)(3)(B) of the Act to provide that for cost reporting periods 
    beginning on or after October 1, 1993 and before October 1, 1994, the 
    applicable rate-of-increase percentage is the market basket percentage 
    increase minus the lesser of one percentage point, or the percentage 
    point difference between 10 percent and the hospital's ``update 
    adjustment percentage'' except for hospitals with an ``update 
    adjustment percentage'' of at least 10 percent. The rate-of-increase 
    percentage for hospitals in the latter case will be the market basket 
    percentage increase. The ``update adjustment percentage'' is the 
    percentage by which a hospital's allowable inpatient operating costs 
    exceeds the hospital's ceiling for the cost reporting period beginning 
    in Federal fiscal year 1990. For cost reporting periods beginning on or 
    after October 1, 1994 and before October 1, 1997, the update adjustment 
    percentage is the update adjustment percentage from the previous year 
    plus the previous year's applicable reduction. The applicable reduction 
    and applicable rate-of-increase percentage are then determined in the 
    same manner as for FY 1994. The most recent forecasted market basket 
    increase for FY 1996 for hospitals and hospital units excluded from the 
    prospective payment system is 3.4 percent.
    
    B. Wage Index Exceptions for Excluded Hospitals and Units
    
        In the August 30, 1991 final rule (56 FR 43232), we set forth our 
    policy for target amount adjustments for significant wage increases. 
    Effective with cost reporting periods beginning on or after April 1, 
    1990, significant increases in wages since the base period are 
    recognized as a basis for an adjustment in the target amount under 
    Sec. 413.40(g).
        To qualify for an adjustment, the excluded hospital or hospital 
    unit must be located in a labor market area for which the average 
    hourly wage increased significantly more than the national average 
    hourly wage between the hospital's base period and the period subject 
    to the ceiling. We use the hospital wage index for prospective payment 
    hospitals to determine the rate of increase in the average hourly wage 
    in the labor market area. For a hospital to qualify for an adjustment, 
    the wage index value for the cost reporting period subject to the 
    ceiling must be at least 8 percent higher than the wage index based on 
    wage survey data collected for the base year cost reporting period. If 
    survey data are not available for one (or both) of the cost reporting 
    periods used in the comparison, the wage index based on the latest 
    available survey data collected before that cost reporting period will 
    be used. For example, to make the comparison between a 1983 base period 
    and a hospital's cost reporting period beginning in FY 1993, we would 
    use the rate of increase between the wage index based on 1982 wage data 
    and the wage index based on the FY 1992 data, since the FY 1992 data 
    are the most recent data that are currently available. Further, the 
    comparison is made without regard to geographic reclassifications made 
    by the MGCRB under sections 1886(d) (8) and (10) of the Act. Therefore, 
    the comparison is made based on the wage index value of the labor 
    market area in which the hospital is actually located.
        We determine the amount of the adjustment for wage increases by 
    considering three factors for the time between the base period and the 
    period for which an adjustment is requested: the rate of increase in 
    the hospital's average hourly wage; the rate of increase in the average 
    hourly wage in the labor market area in which the hospital is located; 
    and, the rate of increase in the national average hourly wage for 
    hospital workers. The adjustment is limited to the amount by which the 
    lower of the hospital's or the labor market area's rate of increase in 
    average hourly wages significantly exceeds the national increase (that 
    is, exceeds the national rate of increase by more than 8 percent). For 
    purposes of computing the adjustment, the relative rate of increase in 
    the average hourly wage for the labor market area is assumed to have 
    been the 
    
    [[Page 45865]]
    same over each of the intervening years between the wage surveys.
        To determine the rate of increase in the national average hourly 
    wage, we use the average hourly earnings (AHE) component of the wages 
    and salaries portion of the market basket. This measure is derived from 
    the 1982-based market basket since the 1987-based market basket uses 
    the employment cost index (ECI) for hospital workers as the price proxy 
    for this component. Unlike the AHE, the ECI for hospital workers can be 
    measured historically only back to 1986. In addition, the ECI does not 
    adjust for skill-mix shifts and, therefore, measures only the change in 
    wage rates per hour.
        The average hourly earnings for hospital workers as measured by the 
    market basket show the following increases:
    
    1992 = 4.8 percent
    1993 = 3.7 percent
    1994 = 2.8 percent
    1995 = 3.4 percent
    1996 = 4.3 percent
    
        We note that this section merely provides updated information with 
    respect to areas that would qualify for the wage index adjustment under 
    Sec. 413.30(g). This information was calculated in accordance with 
    established policy and does not reflect any change in that policy. The 
    geographic areas in which the percentage difference in wage indexes was 
    sufficient to qualify for a wage index adjustment are listed in Table 
    10 of section V of the addendum to this final rule. The table is 
    constructed with old MSAs instead of the revised MSAs effective October 
    1, 1993 because current adjustment requests are for years prior to FY 
    1995.
    V. Tables
    
        This section contains the tables referred to throughout the 
    preamble to this final rule and in this addendum. For purposes of this 
    final rule, and to avoid confusion, we have retained the designations 
    of Tables 1 through 5 that were first used in the September 1, 1983 
    initial prospective payment final rule (48 FR 39844). Tables 1a, 1b, 
    1c, 1d, 3C, 4a, 4b, 4c, 4d, 4e, 5, 6a, 6b, 6c, 6d, 6e, 6f, 6G, 6H, 7A, 
    7B, 8A, 8B, and 10 are presented below. The tables presented below are 
    as follows:
    
    Table 1a--National Adjusted Operating Standardized Amounts, Labor/
    Nonlabor
    Table 1b--Regional Adjusted Operating Standardized Amounts, Labor/
    Nonlabor
    Table 1c--Adjusted Operating Standardized Amounts for Puerto Rico, 
    Labor/Nonlabor
    Table 1d--Capital Standard Federal Payment Rate
    Table 3C--Hospital Case Mix Indexes for Discharges Occurring in Federal 
    Fiscal Year 1994 and Hospital Average Hourly Wage for Federal Fiscal 
    Year 1996 Wage Index
    Table 4a--Wage Index and Capital Geographic Adjustment Factor (GAF) for 
    Urban Areas
    Table 4b--Wage Index and Capital Geographic Adjustment Factor (GAF) for 
    Rural Areas
    Table 4c--Wage Index and Capital Geographic Adjustment Factor (GAF) for 
    Hospitals That Are Reclassified
    Table 4d--Average Hourly Wage for Urban Areas
    Table 4e--Average Hourly Wage for Rural Areas
    Table 5--List of Diagnosis Related Groups (DRGs), Relative Weighting 
    Factors, Geometric Mean Length of Stay, and Length of Stay Outlier 
    Cutoff Points Used in the Prospective Payment System
    Table 6a--New Diagnosis Codes
    Table 6b--New Procedure Codes
    Table 6c--Invalid Diagnosis Codes
    Table 6d--Invalid Procedure Codes
    Table 6e--Revised Diagnosis Code Titles
    Table 6f--Revised Procedure Code Titles
    Table 6G--Additions to the CC Exclusions List
    Table 6H--Deletions to the CC Exclusions List
    Table 7A--Medicare Prospective Payment System Selected Percentile 
    Lengths of Stay FY 95 MEDPAR Update 06/95 GROUPER V12.0
    Table 7B--Medicare Prospective Payment System Selected Percentile 
    Lengths of Stay FY 94 MEDPAR Update 06/95 GROUPER V13.0
    Table 8A--Statewide Average Operating Cost-to-Charge Ratios for Urban 
    and Rural Hospitals (Case Weighted) August 1995
    Table 8B--Statewide Average Capital Cost-to-Charge Ratios for Urban and 
    Rural Hospitals (Case Weighted) August 1995
    Table 10--Percentage Difference in Wage Indexes for Areas That Qualify 
    for a Wage Index Exception for Excluded Hospitals and Units
    
       Table 1a.--National Adjusted Operating Standardized Amounts, Labor/  
                                    Nonlabor                                
    ------------------------------------------------------------------------
              Large urban areas                       Other areas           
    ------------------------------------------------------------------------
      Labor-related     Nonlabor-related    Labor-related   Nonlabor-related
    ------------------------------------------------------------------------
    $2,741.39........       $1,098.09         $2,697.99         $1,080.71   
    ------------------------------------------------------------------------
    
    
                       Table 1b.--Regional Adjusted Operating Standardized Amounts, Labor/Nonlabor                  
    ----------------------------------------------------------------------------------------------------------------
                                                             Large urban areas                  Other areas         
                                                     ---------------------------------------------------------------
                                                                         Nonlabor-                       Nonlabor-  
                                                      Labor- related      related     Labor- related      related   
    ----------------------------------------------------------------------------------------------------------------
    1. New England (CT, ME, MA, NH, RI, VT).........       $2,874.14       $1,151.27       $2,828.62       $1,133.04
    2. Middle Atlantic (PA, NJ, NY).................        2,623.06        1,050.69        2,581.53        1,034.06
    3. South Atlantic (DE, DC, FL, GA, MD, NC, SC,                                                                  
     VA, WV)........................................        2,685.62        1,075.75        2,643.11        1,058.72
    4. East North Central (IL, IN, MI, OH, WI)......        2,926.45        1,172.22        2,880.12        1,153.66
    5. East South Central (AL, KY, MS, TN)..........        2,537.85        1,016.56        2,497.67        1,000.47
    6. West North Central (IA, KS, MN, MO, NE, ND,                                                                  
     SD)............................................        2,743.19        1,098.81        2,699.76        1,081.41
    7. West South Central (AR, LA, OK, TX)..........        2,669.98        1,069.49        2,627.71        1,052.55
    8. Mountain (AZ, CO, ID, MT, NV, NM, UT, WY)....        2,652.82        1,062.62        2,610.82        1,045.79
    9. Pacific (AK, CA, HI, OR, WA).................        2,712.20        1,086.40        2,669.27        1,069.20
    ----------------------------------------------------------------------------------------------------------------
    
    
                                                                                                                    
    
    [[Page 45866]]
                   Table 1c.--Adjusted Operating Standardized Amounts for Puerto Rico, Labor/Nonlabor               
    ----------------------------------------------------------------------------------------------------------------
                                                             Large urban areas                  Other areas         
                                                     ---------------------------------------------------------------
                                                                        Nonlabor--                      Nonlabor--  
                                                      Labor- related      related     Labor- related      related   
    ----------------------------------------------------------------------------------------------------------------
    National........................................       $2,714.63       $1,087.37       $2,714.63       $1,087.37
    Puerto Rico.....................................        2,444.77          509.50        2,406.07          501.43
    ----------------------------------------------------------------------------------------------------------------
    
    
    
                Table 1d.--Capital Standard Federal Payment Rate            
    ------------------------------------------------------------------------
                                                                     Rate   
    ------------------------------------------------------------------------
    National....................................................     $461.96
    Puerto Rico.................................................      355.35
    ------------------------------------------------------------------------
    
    
                                                                            
    
    [[Page 45867]]
                     Table 3c.--Hospital Case Mix Indexes for Discharges Occurring in Federal Fiscal Year 1994, Hospital Average Hourly Wage for Federal Fiscal Year 1996 Wage Index                
                                                                                              Page 1 of 16                                                                                          
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    010001............   01.3968   14.70   010095............   01.0332   10.66   030004............   01.0179   13.13   040003............   01.0705   13.33   040105............   01.0662   11.86
    010004............   01.0413   11.54   010097............   00.9261   12.23   030006............   01.5839   17.32   040004............   01.4025   13.86   040106............   01.2166   11.16
    010005............   01.1775   13.61   010098............   01.0799   11.19   030007............   01.2521   16.55   040005............   00.9579   11.37   040107............   01.1231   15.18
    010006............   01.3889   14.23   010099............   01.0329   14.74   030008............   01.9610   20.06   040007............   01.7232   16.81   040109............   01.0766   12.13
    010007............   01.0911   12.03   010100............   01.1814   13.72   030009............   01.2256   15.42   040008............   01.1067   10.45   040114............   01.8042   16.23
    010008............   01.0538   09.78   010101............   01.1089   12.72   030010............   01.4044   17.40   040010............   01.1910   13.08   040116............   01.3377   18.71
    010009............   01.0803   15.47   010102............   00.9127   11.42   030011............   01.4903   20.19   040011............   00.9909   10.41   040118............   01.1197   13.58
    010010............   01.0761   13.64   010103............   01.7143   16.47   030012............   01.2311   15.06   040013............   00.8034   11.75   040119............   01.1364   13.45
    010011............   01.5164   19.89   010104............   01.6688   16.63   030013............   01.2419   19.04   040014............   01.2134   15.72   040124............   01.1769   13.61
    010012............   01.2603   14.67   010108............   01.2172   11.76   030014............   01.4902   17.79   040015............   01.2060   11.77   040126............   00.9480   11.00
    010015............   01.0453   15.13   010109............   01.0546   11.54   030016............   01.3304   16.82   040016............   01.7332   15.81   040132............   00.3512   14.00
    010016............   01.1906   15.10   010110............   00.9496   12.21   030017............   01.3986   18.43   040017............   01.2172   10.52   050002............   01.5615   26.17
    010018............   00.9544   15.60   010112............   01.0969   13.96   030018............   01.7243   17.74   040018............   01.2122   15.74   050006............   01.4001   19.22
    010019............   01.2751   13.87   010113............   01.6285   13.09   030019............   01.2442   18.78   040019............   01.1123   11.20   050007............   01.5879   26.63
    010021............   01.2588   13.21   010114............   01.3117   15.41   030022............   01.4806   17.27   040020............   01.5105   13.74   050008............   01.4323   24.86
    010022............   01.0256   15.65   010115............   00.8513   10.12   030023............   01.2911   16.24   040021............   01.2130   15.42   050009............   01.6649   26.93
    010023............   01.3805   14.44   010117............   00.9347   18.73   030024............   01.7625   18.77   040022............   01.8066   14.21   050013............   01.8480   20.87
    010024............   01.3726   15.01   010118............   01.2246   15.42   030025............   01.1006   13.38   040024............   01.0180   11.62   050014............   01.1446   22.82
    010025............   01.3813   12.75   010119............   01.2015   15.12   030027............   01.1208   14.29   040025............   00.9354   10.69   050015............   01.4331   20.74
    010027............   00.8467   13.11   010120............   00.9965   14.36   030030............   01.6996   20.88   040026............   01.5494   15.05   050016............   01.1496   14.51
    010029............   01.4704   14.06   010121............   01.1896   14.23   030033............   01.2155   15.50   040027............   01.2685   12.06   050017............   02.0952   24.17
    010031............   01.2567   13.51   010123............   01.2321   16.17   030034............   01.1710   15.72   040028............   01.0217   10.19   050018............   01.2508   18.71
    010032............   00.9701   13.69   010124............   01.2794   15.36   030035............   01.3011   19.44   040029............   01.2031   13.07   050021............   01.3600   21.85
    010033............   01.8757   17.51   010125............   01.0446   12.25   030036............   01.1317   17.49   040030............   00.8998   11.86   050022............   01.5018   22.19
    010034............   01.0149   12.69   010126............   01.1157   12.54   030037............   01.9258   19.15   040032............   01.0062   10.37   050024............   01.3482   23.48
    010035............   01.2169   14.72   010127............   01.4863   16.01   030038............   01.5022   17.78   040035............   00.9926   09.69   050025............   01.7235   21.46
    010036............   01.1364   15.26   010128............   01.0313   10.97   030040............   00.9810   15.24   040036............   01.4043   15.86   050026............   01.4341   20.43
    010038............   01.2308   16.94   010129............   01.0641   13.39   030041............   00.9523   16.41   040037............   01.1119   11.56   050028............   01.4066   15.18
    010039............   01.6205   15.05   010130............   01.0484   15.47   030043............   01.1729   17.72   040039............   01.2264   11.89   050029............   01.2872   25.93
    010040............   01.4682   17.28   010131............   01.2518   17.42   030044............   00.9940   13.57   040040............   01.1993   17.12   050030............   01.2790   19.28
    010043............   01.0564   12.55   010134............   00.8447   12.38   030046............   01.0471   16.87   040041............   01.3374   14.18   050032............   01.2640   22.74
    010044............   00.9582   12.54   010137............   01.2210   15.71   030047............   00.9475   18.93   040042............   01.2984   12.26   050033............   01.3994   24.02
    010045............   01.1387   11.95   010138............   00.9878   09.88   030049............   00.9609   14.29   040044............   00.8731   10.10   050036............   01.7580   20.22
    010046............   01.4552   13.93   010139............   01.6156   20.00   030054............   00.9290   12.19   040045............   01.0710   13.23   050038............   01.3353   28.61
    010047............   01.0735   08.72   010143............   01.1710   16.12   030055............   01.2152   16.00   040047............   01.0339   14.05   050039............   01.5925   20.33
    010049............   01.1096   14.18   010144............   01.3054   15.54   030059............   01.3347   20.15   040048............   01.1791   13.54   050040............   01.2773   22.38
    010050............   01.0179   11.94   010145............   01.2130   15.36   030060............   01.1092   13.06   040050............   01.1429   11.01   050041............   01.3654   21.68
    010051............   00.8267   09.81   010146............   01.1608   15.74   030061............   01.5941   16.25   040051............   01.1125   10.19   050042............   01.2517   20.06
    010052............   00.9528   11.56   010148............   00.9487   10.54   030062............   01.2600   14.57   040053............   01.1313   12.40   050043............   01.5396   27.78
    010053............   01.0421   12.58   010149............   01.3465   15.90   030064............   01.6330   16.62   040054............   01.0770   11.90   050045............   01.3028   17.13
    010054............   01.1530   15.11   010150............   01.0127   13.86   030065............   01.6023   18.78   040055............   01.4478   14.04   050046............   01.1768   24.46
    010055............   01.4397   14.98   010152............   01.3346   15.42   030067............   01.0531   15.23   040058............   01.2358   13.05   050047............   01.6769   28.05
    010056............   01.4021   17.64   010155............   00.9590   09.48   030068............   00.9663   13.92   040060............   00.9532   12.70   050051............   01.0947   17.01
    010058............   01.0147   12.39   020001............   01.5075   25.13   030069............   01.3595   16.55   040062............   01.5209   14.64   050052............   01.1447  ......
    010059............   01.0348   13.89   020002............   01.0097   24.19   030071............   00.9416  .......  040063............   01.4946   14.95   050054............   01.1528   19.64
    010061............   00.9669   13.39   020004............   01.1323   23.34   030072............   00.8611  .......  040064............   00.9489   09.57   050055............   01.4117   29.68
    010062............   01.0039   11.97   020005............   00.9083   23.80   030073............   01.0810  .......  040066............   01.0779   13.90   050056............   01.3677   23.16
    010064............   01.7903   17.53   020006............   01.1710   21.93   030074............   00.8502  .......  040067............   01.1361   11.31   050057............   01.4622   19.73
    010065............   01.3665   14.14   020007............   00.8393   17.74   030075............   00.8573  .......  040069............   01.0798   13.04   050058............   01.4523   21.90
    010066............   00.9197   09.11   020008............   00.9996   26.65   030076............   00.8694  .......  040070............   00.9387   13.28   050060............   01.5727   19.17
    010068............   01.2297   18.14   020009............   00.9280   19.88   030077............   00.8113  .......  040071............   01.4674   15.11   050061............   01.3814   22.35
    010069............   01.0778   13.08   020010............   01.0303   18.60   030078............   01.1209  .......  040072............   01.1259   14.24   050063............   01.4300   21.08
    010072............   01.2032   12.45   020011............   01.1331   21.26   030079............   00.7942  .......  040074............   01.3112   13.79   050065............   01.6178   22.56
    010073............   00.9006   10.82   020012............   01.2973   22.82   030080............   01.6610   21.27   040075............   01.0563   10.99   050066............   01.2551   24.33
    010078............   01.1694   15.06   020013............   00.8540   21.66   030083............   01.3676   21.02   040076............   01.0433   13.39   050067............   01.4056   21.52
    010079............   01.1115   14.56   020014............   01.2972   19.97   030084............   00.9965  .......  040077............   00.8759   10.34   050068............   01.2515   18.27
    010080............   00.9621   13.13   020017............   01.3934   25.88   030085............   01.4980   17.85   040078............   01.4179   15.29   050069............   01.5984   23.54
    010081............   01.9629   16.46   020018............   00.9100  .......  030086............   01.2409   18.35   040080............   01.0214   14.94   050070............   01.3123   28.83
    010083............   01.0402   12.57   020019............   00.8722  .......  030087............   01.5981   17.23   040081............   00.8802   09.81   050071............   01.3070   28.37
    010084............   01.3687   15.98   020020............   00.8894  .......  030088............   01.3666   18.08   040082............   01.2322   12.53   050072............   01.3191   29.11
    010085............   01.2525   15.87   020021............   00.8976  .......  030089............   01.4360   18.51   040084............   01.0970   14.26   050073............   01.2552   29.08
    010086............   00.9830   13.22   020024............   01.0720   22.25   030092............   01.5477   18.71   040085............   01.2523   14.29   050074............   01.0875   31.87
    010087............   01.7658   16.49   020025............   01.0426   21.61   030093............   01.3513   17.76   040088............   01.3551   13.14   050075............   01.3402   28.71
    010089............   01.1268   15.32   020026............   01.2538  .......  030094............   01.3531   17.83   040090............   00.9673   11.94   050076............   01.6600   28.90
    010090............   01.5515   15.76   020027............   00.9528  .......  030095............   01.1298   14.39   040091............   01.2662   17.58   050077............   01.5894   22.97
    010091............   00.9581   12.37   030001............   01.3021   19.25   030097............   01.0287  .......  040093............   00.9748   10.17   050078............   01.3994   22.74
    010092............   01.3781   15.31   030002............   01.8140   20.27   040001............   01.1696   11.25   040095............   00.8388   11.17   050079............   01.5499   29.43
    010094............   01.1698   17.54   030003............   01.7302   19.73   040002............   01.1882   12.09   040100............   01.1610   13.63   050080............   01.2743   23.03
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    050081............   01.6679   21.10   050177............   01.2282   18.24   050286............   00.9265   26.63   050407............   01.3626   26.56   050528............   01.2336   16.76
    050082............   01.4770   21.26   050179............   01.2418   18.28   050289............   01.7527   25.91   050410............   01.1100   16.16   050531............   01.2049   19.81
    050084............   01.5885   21.52   050180............   01.5435   30.93   050290............   01.5196   24.38   050411............   01.3968   27.93   050534............   01.3893   23.99
    050088............   01.0729   21.32   050181............   01.2989  .......  050291............   01.2685   24.17   050414............   01.2954   24.04   050535............   01.4946   22.35
    050089............   01.3265   19.83   050183............   01.2255   19.25   050292............   01.1333   21.25   050417............   01.2300   18.53   050537............   01.2230   21.28
    050090............   01.3257   20.02   050186............   01.3277   24.64   050293............   00.8257   19.92   050418............   01.3467   24.11   050539............   01.1557   22.82
    050091............   01.1739   21.63   050188............   01.4107   25.19   050295............   01.4056   20.72   050419............   01.2985   18.33   050541............   01.5428   28.93
    050092............   00.9075   16.84   050189............   00.9558   22.45   050296............   01.2987   23.78   050420............   01.4723   24.85   050542............   01.1764   15.76
    050093............   01.5560   20.79   050191............   01.5886   21.31   050298............   01.2369   16.65   050421............   01.4309   24.17   050543............   00.9034   24.18
    050095............   00.9989   29.05   050192............   01.2153   18.66   050299............   01.2994   22.49   050423............   01.0348   17.53   050545............   00.8899   21.07
    050096............   01.1224   18.14   050193............   01.4095   23.10   050300............   01.2676   18.73   050424............   01.7320   24.12   050546............   00.8228   21.43
    050097............   01.4238   16.13   050194............   01.1999   25.22   050301............   01.4347   21.30   050425............   01.2512   27.91   050547............   00.9096   22.13
    050099............   01.4808   22.03   050195............   01.5632   29.15   050302............   01.3531   23.57   050426............   01.3324   22.18   050549............   01.7694   25.56
    050100............   01.8779   22.92   050196............   01.4143   18.09   050305............   01.6085   28.25   050427............   00.9421   22.53   050550............   02.3252   21.44
    050101............   01.4198   24.98   050197............   01.8868   27.85   050307............   01.3897   20.66   050430............   00.9277   15.31   050551............   01.3390   23.83
    050102............   01.5195   21.67   050199............   01.0425   22.19   050308............   01.5405   28.06   050431............   01.1250   20.82   050552............   01.3328   20.13
    050103............   01.6052   28.01   050204............   01.3887   22.44   050309............   01.3839   23.19   050432............   01.5930   23.40   050557............   01.5817   21.45
    050104............   01.3567   21.95   050205............   01.4014   19.74   050310............   01.2782   20.36   050433............   01.0404   17.20   050559............   01.3762   22.56
    050107............   01.4065   20.13   050207............   01.3154   20.06   050312............   01.8592   23.07   050434............   01.1767   17.00   050560............   01.5959   22.35
    050108............   01.5751   22.50   050208............   01.2787   27.22   050313............   01.2419   20.05   050435............   01.2922   16.47   050561............   01.2104   28.42
    050109............   02.2189   23.93   050211............   01.3765   25.67   050315............   01.3025   20.58   050436............   00.9928   15.70   050564............   01.2887   25.38
    050110............   01.2585   20.72   050213............   01.4588   19.75   050317............   01.2356   19.58   050438............   01.6084   23.36   050565............   01.2006   21.03
    050111............   01.3024   18.52   050214............   01.5542   22.70   050320............   01.3287   32.07   050440............   01.3911   18.93   050566............   00.9865   13.94
    050112............   01.5233   22.95   050215............   01.5360   25.76   050324............   01.8053   23.27   050441............   01.8493   27.68   050567............   01.6027   21.00
    050113............   01.3013   26.77   050217............   01.3147   17.43   050325............   01.2332   20.65   050443............   00.9409   14.95   050568............   01.3231   22.17
    050114............   01.4336   25.49   050219............   01.2947   20.45   050327............   01.5955   21.01   050444............   01.3535   23.83   050569............   01.4307   21.89
    050115............   01.5153   21.57   050222............   01.5416   25.04   050328............   01.5394   27.69   050446............   00.9957   17.23   050570............   01.5835   24.67
    050116............   01.4747   22.94   050224............   01.5576   21.12   050329............   01.2920   15.93   050447............   01.0895   16.92   050571............   01.3222   26.14
    050117............   01.3259   18.74   050225............   01.3801   20.48   050331............   01.4400   28.29   050448............   01.0625   18.59   050573............   01.6210   22.10
    050118............   01.2218   23.13   050226............   01.3631   21.59   050333............   00.9684   17.95   050449............   01.3118   20.99   050575............   01.2532   23.34
    050121............   01.5400   20.07   050228............   01.4464   28.72   050334............   01.5816   28.97   050454............   01.8126   26.37   050577............   01.3920   21.47
    050122............   01.6430   23.24   050230............   01.3603   26.71   050335............   01.2433   20.84   050455............   01.8486   21.11   050578............   01.2616   24.09
    050124............   01.2701   22.93   050231............   01.6538   22.19   050336............   01.2893   19.40   050456............   01.2190   21.52   050579............   01.5452   27.06
    050125............   01.3509   24.50   050232............   01.8167   25.50   050337............   01.2628   26.55   050457............   01.9322   28.03   050580............   01.4027   22.40
    050126............   01.4205   24.72   050233............   01.2148   23.64   050342............   01.3993   17.43   050458............   00.7146   23.76   050581............   01.4171   24.32
    050127............   01.2797   22.28   050234............   01.3556   18.84   050343............   01.1120   16.91   050459............   01.1585   28.15   050583............   01.6137   21.83
    050128............   01.5377   20.73   050235............   01.4868   23.84   050348............   01.6361   24.26   050464............   01.8498   22.87   050584............   01.2738   22.37
    050129............   01.5022   21.49   050236............   01.5367   24.67   050349............   00.9483   13.96   050468............   01.3417   15.80   050585............   01.3347   22.76
    050131............   01.2906   25.95   050238............   01.5043   19.87   050350............   01.3833   21.49   050469............   01.1376   17.19   050586............   01.3449   22.75
    050132............   01.3632   19.85   050239............   01.5179   21.99   050351............   01.4824   27.25   050470............   01.1109   19.37   050587............   01.2709   20.16
    050133............   01.3704   20.11   050240............   01.4428   23.58   050352............   01.2933   22.36   050471............   01.6780   23.33   050588............   01.2785   27.21
    050135............   01.2507   26.85   050241............   01.3170   26.52   050353............   01.5831   20.14   050476............   01.2475   19.26   050589............   01.3320   24.60
    050136............   01.4215   21.96   050242............   01.3730   26.92   050355............   00.9653   15.90   050477............   01.4106   27.66   050590............   01.4053   23.13
    050137............   01.3803   29.95   050243............   01.5537   24.82   050357............   01.7895   22.17   050478............   00.9938   22.01   050591............   01.1739   20.64
    050138............   01.7766   30.59   050245............   01.3655   21.94   050359............   01.0386   19.35   050481............   01.4268   25.61   050592............   01.3816   23.45
    050139............   01.3303   29.15   050248............   01.1103   24.57   050360............   01.5164   31.61   050482............   00.9597   18.35   050593............   01.5525   25.60
    050140............   01.4148   29.23   050251............   01.1099   16.23   050366............   01.2747   20.46   050483............   01.1904   26.34   050594............   02.0551   22.74
    050144............   01.6499   22.42   050253............   00.8763   18.00   050367............   01.2967   26.14   050485............   01.6004   21.94   050597............   01.2322   21.75
    050145............   01.3454   26.85   050254............   01.1399   22.76   050369............   01.3062   23.37   050486............   01.4342   23.44   050598............   01.4335   25.33
    050146............   01.3466  .......  050256............   01.8935   19.43   050373............   01.3703   23.22   050488............   01.4138   27.49   050599............   01.7122   22.85
    050147............   00.7123   20.96   050257............   01.1982   17.90   050376............   01.3429   25.07   050489............   01.0669   23.36   050601............   01.3033   30.28
    050148............   01.0691   17.09   050260............   00.9782   21.22   050377............   00.9475   16.99   050491............   01.1810   26.44   050603............   01.4452   22.96
    050149............   01.3651   22.42   050261............   01.1624   17.18   050378............   01.1675   22.91   050492............   01.1874   20.52   050604............   01.5474   27.40
    050150............   01.3121   21.41   050262............   01.8406   25.72   050379............   01.0648   18.39   050494............   01.1616   23.56   050607............   01.3481   19.27
    050152............   01.4075   25.02   050263............   01.2553   26.81   050380............   01.6428   26.54   050496............   01.7182   29.82   050608............   01.1805   15.26
    050153............   01.6199   29.55   050264............   01.4300   26.35   050382............   01.3947   23.92   050497............   00.9065   11.78   050609............   01.3393   30.07
    050154............   01.0949   21.63   050267............   01.5691   24.29   050385............   01.4407   24.00   050498............   01.2744   21.87   050613............   01.1025   22.87
    050155............   01.1562   19.97   050270............   01.3246   22.68   050388............   00.9432   14.21   050502............   01.6692   21.87   050615............   01.4503   21.15
    050158............   01.5592   26.71   050272............   01.3615   19.69   050390............   01.2350   21.04   050503............   01.3323   22.11   050616............   01.2735   20.76
    050159............   01.2369   21.78   050274............   01.0960   18.11   050391............   01.3409   19.68   050506............   01.4708   24.09   050618............   01.0205   16.48
    050167............   01.3568   22.09   050276............   01.2591   28.37   050392............   00.9821   16.53   050510............   01.3648   28.70   050623............   01.2040   23.19
    050168............   01.5962   23.78   050277............   01.3622   21.80   050393............   01.3945   22.22   050512............   01.3749   29.35   050624............   01.2514   26.72
    050169............   01.5252   23.32   050278............   01.5011   21.16   050394............   01.5281   22.04   050515............   01.3295   28.65   050625............   01.5858   23.29
    050170............   01.5054   21.35   050279............   01.2210   20.42   050396............   01.5525   21.13   050516............   01.6481   23.36   050630............   01.2448   21.58
    050172............   01.3087   20.41   050280............   01.6345   22.36   050397............   01.0703   17.88   050517............   01.2673   19.52   050633............   01.2660   21.41
    050173............   01.2190   22.01   050281............   01.4865  .......  050401............   01.2008   15.64   050522............   01.3936   29.90   050635............   01.3393   29.56
    050174............   01.7090   25.94   050282............   01.3481   22.82   050404............   01.1331   13.84   050523............   01.2175   25.91   050636............   01.3336   21.81
    050175............   01.3262   23.42   050283............   01.3344   26.60   050406............   01.1195   14.65   050526............   01.3612   25.43   050637............   01.0646   22.10
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    [[Page 45869]]
                                                                                              Page 3 of 16                                                                                          
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    050638............   00.9513   24.17   060033............   01.1476   11.24   070030............   01.2535   23.06   100055............   01.3743   17.82   100146............   01.1447   14.10
    050641............   01.2117   15.92   060034............   01.4987   19.01   070031............   01.3049   19.23   100056............   01.4899   20.15   100147............   01.0930   13.00
    050643............   00.8711  .......  060036............   01.1813   12.48   070033............   01.3033   24.24   100057............   01.3746   15.39   100150............   01.2948   16.60
    050644............   00.9872   24.48   060037............   01.0516   12.26   070034............   01.3458   24.14   100059............   00.9153   16.60   100151............   01.7793   18.68
    050660............   01.2866  .......  060038............   01.0530   11.85   070035............   01.3917   22.12   100060............   01.7354   16.88   100154............   01.6427   18.00
    050661............   00.9135   20.77   060041............   00.8964   15.38   070036............   01.3278   25.69   100061............   01.5117   20.28   100156............   01.1459   17.50
    050662............   00.8619   21.30   060042............   00.9425   17.68   070038............   00.9919  .......  100062............   01.7513   16.20   100157............   01.6054   18.71
    050663............   01.1139   22.11   060043............   00.9975   14.76   080001............   01.6573   23.28   100063............   01.2214   15.65   100159............   01.0322   14.28
    050666............   00.7638   23.70   060044............   01.1525   14.89   080002............   01.2698   16.99   100067............   01.3722   15.72   100160............   01.0625   17.34
    050667............   01.1809   23.89   060046............   01.1237   15.46   080003............   01.3084   19.43   100068............   01.4318   17.17   100161............   01.5648   19.20
    050668............   01.2274   26.93   060047............   01.1030   09.96   080004............   01.3271   16.96   100069............   01.5169   15.21   100162............   01.4159   16.74
    050671............   01.6203   27.00   060049............   01.2107   17.19   080005............   01.3183   15.82   100070............   01.4353   17.16   100165............   01.2363   13.51
    050672............   00.6349   21.17   060050............   01.2676   13.15   080006............   01.3653   16.48   100071............   01.2737   15.51   100166............   01.4690   19.88
    050674............   01.2495   28.26   060052............   01.1344   12.88   080007............   01.2784   17.63   100072............   01.2463   16.34   100167............   01.4139   20.48
    050675............   01.7051   15.00   060053............   00.9301   12.60   090001............   01.4960   19.94   100073............   01.7678   20.14   100168............   01.3765   18.12
    050676............   00.9870   13.25   060054............   01.3476   15.54   090002............   01.1416   15.96   100074............   01.2361   19.00   100169............   01.8741   18.22
    050677............   01.3405   31.12   060056............   00.8988   12.65   090003............   01.3455   21.55   100075............   01.6388   16.40   100170............   01.4112   15.90
    050678............   01.1794   24.63   060057............   01.0220   20.40   090004............   01.6239   22.47   100076............   01.4024   16.43   100172............   01.3624   13.54
    050680............   01.2553   25.39   060058............   00.8994   10.18   090005............   01.2725   25.88   100077............   01.3380   15.83   100173............   01.5814   15.59
    050682............   00.9270   13.61   060060............   00.9656   12.38   090006............   01.3232   19.62   100078............   01.1723   14.56   100174............   01.4758   18.74
    050684............   01.1759   21.43   060062............   00.9881   14.10   090007............   01.4799   19.96   100079............   01.4619   18.80   100175............   01.1062   15.14
    050685............   01.2662   27.06   060063............   01.0031   11.07   090008............   01.5653   19.96   100080............   01.5393   18.32   100176............   01.9867   25.81
    050686............   01.3631   29.52   060064............   01.3900   20.49   090010............   00.9357   20.65   100081............   01.1737   12.91   100177............   01.3286   17.48
    050688............   01.2056   28.71   060065............   01.3782   17.83   090011............   01.9895   24.31   100082............   01.5720   16.76   100179............   01.6306   17.87
    050689............   01.4343   28.59   060066............   00.9691   12.11   100001............   01.5587   17.27   100083............   01.3813   16.09   100180............   01.4820   16.54
    050690............   01.3986   28.26   060068............   01.1369   14.76   100002............   01.4599   18.36   100084............   01.5159   16.83   100181............   01.4152   15.91
    050693............   01.5106   27.22   060070............   01.1233   15.55   100004............   01.0642   11.43   100085............   01.3516   19.23   100183............   01.3405   17.45
    050694............   01.4369   21.73   060071............   01.2613   13.96   100005............   01.0143   17.36   100086............   01.3887   20.43   100186............   01.3865   14.90
    050695............   01.1047   24.12   060072............   00.9310  .......  100006............   01.6473   18.18   100087............   01.7370   19.99   100187............   01.4505   19.93
    050696............   02.1885   26.95   060073............   01.0637   14.30   100007............   01.8060   18.70   100088............   01.7194   16.94   100189............   01.2663   21.83
    050697............   01.1355   16.30   060075............   01.2280   18.89   100008............   01.7161   19.32   100090............   01.3598   15.22   100191............   01.3230   18.97
    050698............   01.4891   21.28   060076............   01.3825   16.07   100009............   01.5540   19.83   100092............   01.5115   16.62   100199............   01.2982   18.97
    050699............   00.7489   25.39   060085............   00.9265   10.79   100010............   01.4427   19.21   100093............   01.4388   14.09   100200............   01.3820   21.22
    050700............   01.5233   30.13   060087............   01.6314   20.20   100012............   01.6373   17.94   100098............   01.1755   16.49   100203............   01.1492   18.76
    050701............   01.3466   27.27   060088............   00.9716   13.54   100014............   01.2434   17.55   100099............   01.2245   15.33   100204............   01.5986   17.77
    050702............   00.9229   16.26   060090............   00.9339   14.20   100015............   01.3079   16.81   100102............   01.0695   15.80   100206............   01.3467   20.26
    050704............   01.1765  .......  060096............   00.9593   19.72   100017............   01.5767   16.31   100103............   01.1072   15.50   100207............   01.4218   23.04
    050705............   00.6755  .......  060100............   01.3764   20.85   100018............   01.3236   18.69   100105............   01.4167   17.66   100208............   01.5597   21.28
    050706............   00.8631  .......  060103............   01.2065   20.37   100019............   01.5037   18.79   100106............   01.0533   14.76   100209............   01.6023   22.01
    050707............   00.8651  .......  060104............   01.3098   19.86   100020............   01.3154   19.55   100107............   01.3184   17.58   100210............   01.7086   15.89
    050708............   00.9092  .......  060106............   01.3945  .......  100022............   01.6583   22.47   100108............   01.1084   15.65   100211............   01.3203   17.57
    050709............   01.2686  .......  070001............   01.7362   23.62   100023............   01.3773   15.61   100109............   01.3226   16.41   100212............   01.6271   18.04
    060001............   01.5030   17.31   070002............   01.8127   24.21   100024............   01.4214   18.53   100110............   01.4002   16.69   100213............   01.5981   17.94
    060003............   01.3096   16.54   070003............   01.1701   24.23   100025............   01.6538   15.42   100112............   01.0009   11.56   100217............   01.2339   18.31
    060004............   01.1473   18.71   070004............   01.1546   23.01   100026............   01.6173   15.46   100113............   02.1328   16.92   100220............   01.8434   19.78
    060006............   01.1401   16.47   070005............   01.3231   24.75   100027............   00.9427   10.01   100114............   01.4707   17.68   100221............   01.4373   18.35
    060007............   01.2317   12.87   070006............   01.3732   25.94   100028............   01.3008   16.01   100117............   01.3068   17.02   100222............   01.3493   16.57
    060008............   00.9879   13.68   070007............   01.3763   22.95   100029............   01.3803   18.94   100118............   01.3114   16.43   100223............   01.4700   16.34
    060009............   01.4330   19.83   070008............   01.2804   22.85   100030............   01.3109   17.44   100121............   01.2688   14.78   100224............   01.4555   18.76
    060010............   01.5768   21.01   070009............   01.2496   23.96   100032............   01.9713   17.17   100122............   01.3418   15.71   100225............   01.3723   19.52
    060011............   01.2375   18.74   070010............   01.4502   22.35   100034............   01.7876   17.67   100124............   01.4069   18.25   100226............   01.3627   17.20
    060012............   01.4260   16.50   070011............   01.2736   22.16   100035............   01.6278   16.30   100125............   01.0866   16.78   100227............   01.0034   17.78
    060013............   01.2804   17.06   070012............   01.1874   22.30   100038............   01.6744   20.22   100126............   01.4434   18.61   100228............   01.2587   18.85
    060014............   01.7292   20.66   070013............   01.3474   23.92   100039............   01.7057   20.59   100127............   01.5845   18.03   100229............   01.3333   17.11
    060015............   01.6044   18.45   070015............   01.3807   23.42   100040............   01.6897   16.11   100128............   02.1609   19.42   100230............   01.3649   18.43
    060016............   01.1611   12.48   070016............   01.3213   24.30   100042............   01.6015   20.23   100129............   01.3096   17.71   100231............   01.6877   17.03
    060018............   01.2240   14.91   070017............   01.4158   23.47   100043............   01.4283   19.94   100130............   01.1928   17.18   100232............   01.2221   17.96
    060020............   01.4952   15.53   070018............   01.4256   25.83   100044............   01.4447   19.01   100131............   01.3138   19.27   100234............   01.6152   18.45
    060022............   01.7419   16.71   070019............   01.2680   23.06   100045............   01.4428   16.70   100132............   01.4097   15.18   100235............   01.4317   16.20
    060023............   01.5247   17.84   070020............   01.4289   23.68   100046............   01.5106   16.91   100134............   01.2156   14.50   100236............   01.4542   17.71
    060024............   01.7207   21.41   070021............   01.2994   25.55   100047............   01.7854   20.80   100135............   01.4709   15.53   100237............   02.1813   22.74
    060026............   01.4299   18.52   070022............   01.6980   24.10   100048............   00.9565   11.55   100137............   01.2745   16.08   100238............   01.4226   16.85
    060027............   01.5313   19.14   070024............   01.3199   21.90   100049............   01.3153   16.74   100138............   00.9682   11.92   100239............   01.4527   18.66
    060028............   01.4606   20.00   070025............   01.6953   23.66   100050............   01.2729   15.06   100139............   01.0334   15.70   100240............   00.8556   14.86
    060029............   01.0333   14.09   070026............   01.1185   23.44   100051............   01.2310   16.21   100140............   01.1773   16.00   100241............   00.9113   12.29
    060030............   01.3159   18.40   070027............   01.2450   24.05   100052............   01.4041   14.82   100142............   01.1827   16.26   100242............   01.4018   15.55
    060031............   01.5071   18.31   070028............   01.4651   22.94   100053............   01.3238   16.23   100144............   01.2243   11.94   100243............   01.4662   16.92
    060032............   01.4381   20.01   070029............   01.2874   20.71   100054............   01.2994   17.88   100145............   01.4725   12.24   100244............   01.3863   17.40
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    [[Page 45870]]
                                                                                              Page 4 of 16                                                                                          
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    100246............   01.3230   20.75   110042............   01.1790   14.31   110134............   00.8704   10.30   120015............   00.8598   20.16   140026............   01.1449   14.78
    100248............   01.6328   18.68   110043............   01.6250   15.19   110135............   01.1388   12.78   120016............   00.8970   20.47   140027............   01.2762   15.39
    100249............   01.3119   18.19   110044............   01.1797   13.21   110136............   01.1520   17.56   120018............   00.9883   19.81   140029............   01.2988   18.41
    100252............   01.1810   18.33   110045............   01.2493   21.95   110140............   00.8058   16.43   120019............   01.1558   18.50   140030............   01.5387   20.92
    100253............   01.3866   18.25   110046............   01.1838   15.37   110141............   00.8796   10.46   120021............   00.9286   20.79   140031............   01.1847   12.51
    100254............   01.5036   16.89   110048............   01.2613   13.55   110142............   01.0386   11.73   120022............   01.6897   16.62   140032............   01.2774   15.20
    100255............   01.2985   20.20   110049............   01.0212   14.46   110143............   01.3255   18.71   120025............   00.9278   18.26   140033............   01.2441   17.93
    100256............   01.8114   19.59   110050............   01.0553   12.45   110144............   01.1549   12.85   120026............   01.2765   21.37   140034............   01.1618   15.80
    100258............   01.6527   21.05   110051............   00.9820   16.34   110146............   00.9561   12.45   120027............   01.4535   20.92   140035............   01.0554   11.09
    100259............   01.4100   16.77   110052............   00.8726   14.34   110149............   01.0717   11.53   130001............   00.9695   15.35   140036............   01.1506   14.74
    100260............   01.4001   19.49   110054............   01.2733   16.58   110150............   01.3285   15.62   130002............   01.3383   14.89   140037............   00.9955   11.93
    100262............   01.4017   18.35   110056............   01.0644   11.70   110152............   01.1220   12.64   130003............   01.2345   17.34   140038............   01.1754   15.57
    100263............   01.4215   16.60   110059............   01.2402   13.14   110153............   00.9568   16.74   130005............   01.4022   17.25   140039............   00.9621   12.57
    100264............   01.3949   16.86   110061............   01.0319   10.55   110154............   00.9795   13.79   130006............   01.8193   16.88   140040............   01.2404   13.67
    100265............   01.2985   17.52   110062............   00.9472   10.27   110155............   01.1836   14.04   130007............   01.5553   17.89   140041............   01.1593   15.42
    100266............   01.2182   15.99   110063............   01.0362   11.52   110156............   00.9738   12.03   130008............   00.9091   11.92   140042............   01.0276   13.28
    100267............   01.2953   19.12   110064............   01.2695   15.88   110157............   01.0805   15.98   130009............   00.9481   15.96   140043............   01.2443   15.96
    100268............   01.2190   22.57   110065............   01.0563   11.99   110161............   01.2316   19.75   130010............   01.0134   14.43   140045............   00.9734   12.36
    100269............   01.3820   21.84   110066............   01.3146   15.99   110162............   00.8777  .......  130011............   01.2663   15.29   140046............   01.2920   15.06
    100270............   00.8854   08.60   110069............   01.1375   16.05   110163............   01.3592   18.05   130012............   01.0033   17.91   140047............   01.1556   12.83
    100271............   01.7876   16.19   110070............   00.9918   10.92   110164............   01.4399   18.67   130013............   01.2907   16.78   140048............   01.3210   21.62
    100273............   01.1555   16.72   110071............   00.9799   09.13   110165............   01.3380   16.78   130014............   01.3583   16.02   140049............   01.5612   18.55
    100275............   01.5128   21.10   110072............   01.0385   11.97   110166............   01.5044   16.62   130015............   00.8456   11.94   140051............   01.4159   19.71
    100276............   01.3266   21.04   110073............   01.2536   12.73   110168............   01.6390   19.01   130016............   00.8863   16.82   140052............   01.3254   15.64
    100277............   01.0704   13.45   110074............   01.4550   17.30   110169............   00.6684   19.82   130017............   01.1662   14.08   140053............   01.8281   17.25
    100278............   00.8470   17.64   110075............   01.1944   14.67   110171............   01.3974   21.21   130018............   01.6857   18.13   140054............   01.3179   22.79
    100279............   01.4017   19.25   110076............   01.3738   18.20   110172............   01.2170  .......  130019............   01.1462   13.98   140055............   00.9762   13.01
    100280............   01.4128   17.83   110078............   01.6419   20.48   110174............   00.9987   13.50   130021............   00.9430   10.36   140058............   01.1683   14.76
    100281............   01.2713   19.04   110079............   01.3867   19.71   110176............   01.0961   19.01   130022............   01.2896   15.71   140059............   01.1460   13.34
    100282............   01.1035  .......  110080............   01.1510   15.47   110177............   01.4732   18.73   130024............   01.0074   15.03   140061............   01.0905   13.15
    100283............   01.4423  .......  110082............   02.0423   20.22   110178............   01.0701   19.58   130025............   01.1165   16.20   140062............   01.2773   21.56
    110001............   01.2829   16.74   110083............   01.6304   20.25   110179............   01.2084   21.20   130026............   01.1560   16.79   140063............   01.3587   20.34
    110002............   01.2029   14.85   110086............   01.1579   13.70   110181............   00.9605   11.66   130027............   00.8922   16.96   140064............   01.2366   15.63
    110003............   01.3085   12.29   110087............   01.2659   18.36   110183............   01.4004   18.69   130028............   01.2052   15.05   140065............   01.4654   23.04
    110004............   01.2453   16.00   110088............   01.0863   10.58   110184............   01.1402   17.71   130029............   01.0312   15.58   140066............   01.2979   13.08
    110005............   01.2307   17.68   110089............   01.1961   14.54   110185............   01.1390   12.05   130030............   01.0209   14.67   140067............   01.8106   17.15
    110006............   01.3275   17.10   110091............   01.3517   17.32   110186............   01.2511   15.58   130031............   01.0486   11.89   140068............   01.3772   17.79
    110007............   01.4301   15.73   110092............   01.0992   12.26   110187............   01.1357   17.43   130034............   01.0508   14.58   140069............   01.0914   14.27
    110008............   01.1769   14.50   110093............   00.9452   09.30   110188............   01.4760   17.46   130035............   00.9454   13.51   140070............   01.3464   15.36
    110009............   01.0443   15.28   110094............   01.0216   11.93   110189............   01.2039   18.59   130036............   01.2470   09.19   140074............   01.0354   15.11
    110010............   02.0526   23.06   110095............   01.2630   12.81   110190............   01.1387   13.01   130037............   01.1733   15.01   140075............   01.4482   17.74
    110011............   01.2551   15.54   110096............   01.0913   12.34   110191............   01.3062   17.97   130043............   01.0364   14.00   140077............   01.1222   14.95
    110013............   01.1134   13.82   110097............   01.0512   14.03   110192............   01.3434   20.20   130044............   01.0674   10.65   140079............   01.2611   20.63
    110014............   01.0738   13.26   110098............   01.0322   12.30   110193............   01.1627   15.60   130045............   01.0030   12.30   140080............   01.6786   18.56
    110015............   01.2788   16.72   110100............   01.0601   11.30   110194............   00.9472   12.58   130048............   01.0330   10.31   140081............   01.1023   12.45
    110016............   01.2194   14.43   110101............   01.0740   10.28   110195............   01.1321   10.00   130049............   01.2151   16.73   140082............   01.5490   20.34
    110017............   00.9514   11.20   110103............   00.9390   09.39   110198............   01.3765   22.76   130054............   00.9330   18.69   140083............   01.2899   15.67
    110018............   01.1881   15.66   110104............   01.1922   12.01   110200............   01.9396   15.32   130056............   00.9020   09.97   140084............   01.2165   18.03
    110020............   01.2051   17.27   110105............   01.0766   14.09   110201............   01.3759   16.18   130058............   01.0275   13.32   140086............   01.1518   11.92
    110023............   01.2964   16.89   110107............   01.7532   17.13   110203............   00.9931   15.24   130060............   01.2292   17.97   140087............   01.2902   17.36
    110024............   01.4085   16.46   110108............   01.0779   10.44   110204............   00.7983   16.64   140001............   01.2446   14.00   140088............   01.5977   23.06
    110025............   01.4202   15.36   110109............   01.1110   13.54   110205............   01.0713   13.28   140002............   01.3090   16.16   140089............   01.2351   15.16
    110026............   01.1955   13.12   110111............   01.1008   13.66   110207............   01.0576   13.48   140003............   01.0231   12.69   140090............   01.4626   24.80
    110027............   01.0801   14.33   110112............   00.9810   15.61   110208............   00.9109   12.52   140004............   01.0152   14.64   140091............   01.7797   16.35
    110028............   01.6087   17.60   110113............   01.0754   12.69   110209............   00.9130  .......  140005............   00.9445   09.86   140093............   01.1615   15.98
    110029............   01.3243   17.70   110114............   01.1082   13.17   110210............   01.0869  .......  140007............   01.4546   20.34   140094............   01.2618   17.89
    110030............   01.2231   17.52   110115............   01.6517   18.21   120001............   01.7122   23.07   140008............   01.4279   20.25   140095............   01.5124   18.79
    110031............   01.3455   20.47   110118............   01.0138   11.40   120002............   01.2031   17.55   140010............   01.3181   21.78   140097............   00.9517   12.93
    110032............   01.2138   14.40   110120............   01.1050   11.39   120003............   01.1117   21.38   140011............   01.0968   13.89   140098............   01.6019   18.91
    110033............   01.4241   20.02   110121............   01.1562   12.05   120004............   01.2411   19.86   140012............   01.2725   15.85   140100............   01.3360   17.74
    110034............   01.5155   15.82   110122............   01.2984   15.88   120005............   01.2737   18.43   140013............   01.6368   15.47   140101............   01.1394   17.56
    110035............   01.3200   18.11   110124............   01.0454   14.58   120006............   01.1713   22.51   140014............   01.1626   15.87   140102............   01.0394   13.57
    110036............   01.6154   18.45   110125............   01.2007   15.34   120007............   01.6238   19.33   140015............   01.2858   13.12   140103............   01.3496   17.19
    110037............   01.0626   09.72   110127............   00.9893   12.30   120009............   01.0106   18.94   140016............   00.9209   10.97   140105............   01.2716   19.12
    110038............   01.4567   14.12   110128............   01.1836   17.25   120010............   01.8065   21.30   140018............   01.3546   18.18   140107............   01.0636   11.30
    110039............   01.3732   17.07   110129............   01.6398   12.75   120011............   01.2612   28.18   140019............   00.9450   12.11   140108............   01.3514   20.09
    110040............   01.0515   15.13   110130............   01.0589   09.58   120012............   00.9554   19.45   140024............   01.0061   13.82   140109............   01.0897   12.38
    110041............   01.2778   13.87   110132............   01.1404   12.55   120014............   01.2507   20.16   140025............   01.0811   15.57   140110............   01.2892   15.34
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    140112............   01.0965   13.56   140202............   01.3426   19.33   150022............   01.0980   17.53   150101............   01.1104   15.07   160048............   01.1233   11.75
    140113............   01.4687   17.23   140203............   01.1739   17.40   150023............   01.4769   16.92   150102............   01.0650   13.94   160049............   00.9284   11.56
    140114............   01.3274   17.70   140205............   00.9214   13.44   150024............   01.3035   15.60   150103............   01.0279   15.64   160050............   01.0311   13.62
    140115............   01.2848   16.57   140206............   00.9779   18.13   150025............   01.4971   17.14   150104............   01.1084   14.82   160051............   01.1187   14.21
    140116............   01.2435   17.79   140207............   01.3688   19.80   150026............   01.1675   16.48   150105............   01.3107   15.63   160052............   01.0489   12.86
    140117............   01.4090   16.72   140208............   01.5927   22.03   150027............   01.0157   15.66   150106............   01.0815   15.53   160054............   00.9694   11.05
    140118............   01.6957   21.24   140209............   01.7149   16.20   150029............   01.2769   17.73   150109............   01.4210   14.54   160055............   01.0271   12.02
    140119............   01.6578   20.94   140210............   01.0283   11.46   150030............   01.0675   15.26   150110............   00.9954   14.35   160056............   01.0362   12.73
    140120............   01.4814   14.18   140211............   01.1928   18.69   150031............   01.0304   13.82   150111............   01.2159   13.31   160057............   01.3290   14.53
    140121............   01.4762   10.01   140212............   01.1562   21.62   150032............   01.8129   18.37   150112............   01.2079   16.65   160058............   01.6641   17.91
    140122............   01.5373   20.90   140213............   01.2707   21.23   150033............   01.5682   18.86   150113............   01.1647   16.07   160060............   01.0516   13.01
    140124............   01.1333   21.99   140215............   01.1481   13.29   150034............   01.3594   18.13   150114............   01.0006   12.64   160061............   01.0052   12.04
    140125............   01.3141   14.30   140217............   01.2000   20.19   150035............   01.4091   17.89   150115............   01.3358   16.31   160062............   01.0359   11.11
    140127............   01.3094   16.12   140218............   00.9759   13.27   150036............   01.0182   16.72   150122............   01.1316   16.92   160063............   01.1735   12.72
    140128............   01.0912   15.47   140220............   01.1237   14.02   150037............   01.2532   16.88   150123............   01.2559   13.21   160064............   01.5804   16.66
    140129............   01.0377   13.55   140223............   01.5250   21.42   150038............   01.3406   15.77   150124............   01.1502   14.29   160065............   01.0796   13.11
    140130............   01.1725   19.93   140224............   01.3763   20.01   150039............   00.9542   14.21   150125............   01.3991   17.70   160066............   01.1325   13.51
    140132............   01.4217   18.36   140228............   01.5757   16.72   150042............   01.2377   14.39   150126............   01.5033   18.93   160067............   01.4111   15.81
    140133............   01.3843   19.25   140230............   00.9812   14.89   150043............   01.0398   18.18   150127............   01.1534   12.34   160068............   00.9913   13.55
    140135............   01.2412   13.86   140231............   01.5483   19.72   150044............   01.2436   17.15   150128............   01.2294   17.33   160069............   01.3977   15.53
    140137............   01.0158   13.42   140233............   01.7552   15.55   150045............   01.1638   15.56   150129............   01.1748   19.71   160070............   00.9804   13.02
    140138............   00.9707   11.80   140234............   01.1921   15.04   150046............   01.4977   16.06   150130............   01.0588   13.99   160072............   01.0797   12.24
    140139............   01.0718   13.33   140236............   00.9891   11.86   150047............   01.6539   17.32   150132............   01.3503   18.09   160073............   00.9651   10.93
    140140............   01.1676   12.45   140239............   01.5695   17.90   150048............   01.1741   15.68   150133............   01.1933   15.64   160074............   00.9967   12.64
    140141............   00.9239   12.09   140240............   01.4712   21.75   150049............   01.1587   12.40   150134............   01.2884   15.24   160075............   01.0724   13.49
    140143............   01.1190   15.80   140242............   01.5193   20.44   150050............   01.1485   14.30   150136............   00.9179   18.60   160076............   01.0566   15.24
    140144............   01.0202   13.85   140245............   01.1141   12.96   150051............   01.2735   15.96   150137............   03.1313  .......  160077............   01.2005   10.22
    140145............   01.1235   15.06   140246............   01.0607   11.58   150052............   01.1241   11.23   150138............   01.1910  .......  160079............   01.4063   15.08
    140146............   00.9399   14.65   140250............   01.2721   21.19   150053............   01.0216   15.93   150140............   02.4842  .......  160080............   01.2127   15.51
    140147............   01.1689   13.02   140251............   01.3111   17.14   150054............   01.1266   13.30   150141............   00.9198  .......  160081............   01.0831   13.91
    140148............   01.7026   16.79   140252............   01.4481   21.67   150056............   01.6530   19.66   150897............   05.1218  .......  160082............   01.6924   16.88
    140150............   01.5334   22.42   140253............   01.4610   14.43   150057............   02.4338   14.55   160001............   01.2439   16.04   160083............   01.5064   16.82
    140151............   01.1688   16.06   140258............   01.5165   20.74   150058............   01.6757   17.54   160002............   01.2061   12.61   160085............   01.0754   11.90
    140152............   01.0932   21.14   140271............   01.0467   13.77   150059............   01.3249   18.15   160003............   01.0308   12.40   160086............   00.9602   12.15
    140155............   01.2094   16.91   140275............   01.2155   15.26   150060............   01.1564   15.01   160005............   01.0538   12.42   160088............   01.0433   13.89
    140158............   01.3335   20.44   140276............   01.9959   19.03   150061............   01.2447   14.90   160007............   01.0184   12.24   160089............   01.2073   13.54
    140160............   01.2063   14.61   140280............   01.2762   16.62   150062............   01.0233   14.82   160008............   01.1335   14.26   160090............   01.0580   14.34
    140161............   01.1250   16.18   140281............   01.5943   19.85   150063............   01.0873   19.83   160009............   01.2106   13.13   160091............   01.1695   10.55
    140162............   01.6805   17.28   140285............   01.2309   14.65   150064............   01.0346   16.55   160012............   01.1292   13.88   160092............   00.9649   12.70
    140164............   01.2497   15.27   140286............   01.0922   16.58   150065............   01.0989   16.08   160013............   01.2580   14.28   160093............   01.1424   12.92
    140165............   01.0894   12.83   140288............   01.6787   21.28   150066............   00.9891   13.07   160014............   00.9703   12.72   160094............   01.2097   14.65
    140166............   01.2670   15.81   140289............   01.2885   14.43   150067............   01.0729   13.96   160016............   01.2622   15.22   160095............   01.0123   15.81
    140167............   01.1570   13.88   140290............   01.3203   19.56   150069............   01.2194   16.18   160018............   00.9108   12.92   160097............   01.1814   13.10
    140168............   01.2012   14.64   140291............   01.3419   22.01   150070............   01.0530   14.00   160020............   01.0625   11.57   160098............   01.0188   12.41
    140170............   01.1306   11.77   140292............   01.1778   18.63   150071............   01.2019   11.71   160021............   01.0819   14.23   160099............   00.9949   11.94
    140171............   00.8944   10.42   140294............   01.1511   15.03   150072............   01.1576   15.53   160023............   01.0941   13.47   160101............   01.1236   17.13
    140172............   01.5026   17.11   140297............   01.1950   21.49   150073............   00.9918   17.12   160024............   01.5923   16.25   160102............   01.3050   15.06
    140173............   00.9836   12.88   140300............   01.0367  .......  150074............   01.5594   18.05   160025............   01.7778   15.89   160103............   00.9911   12.23
    140174............   01.4124   17.67   150001............   01.0972   16.90   150075............   01.1754   13.29   160026............   01.1442   14.15   160104............   01.1581   16.70
    140176............   01.2493   19.10   150002............   01.4373   17.08   150076............   01.0745   16.60   160027............   01.1974   12.61   160106............   01.0904   13.40
    140177............   01.2799   15.29   150003............   01.7331   16.59   150077............   01.3123   15.22   160028............   01.3029   17.45   160107............   01.1461   14.31
    140179............   01.3034   18.61   150004............   01.4468   18.37   150078............   01.0196   18.19   160029............   01.4799   16.57   160108............   01.1020   13.59
    140180............   01.4730   20.05   150005............   01.2178   16.87   150079............   01.2034   13.37   160030............   01.2650   15.65   160109............   00.9338   11.85
    140181............   01.3412   17.28   150006............   01.1904   15.77   150082............   01.4896   16.98   160031............   01.1968   12.60   160110............   01.5430   17.18
    140182............   01.3058   19.45   150007............   01.2625   17.48   150084............   01.8655   21.52   160032............   01.1969   14.22   160111............   00.9992   10.53
    140184............   01.1675   13.87   150008............   01.3341   18.07   150086............   01.2770   15.03   160033............   01.5017   15.45   160112............   01.4460   14.36
    140185............   01.4725   15.34   150009............   01.2833   16.85   150088............   01.1849   16.25   160034............   01.0027   13.04   160113............   01.0071   11.13
    140186............   01.2813   17.46   150010............   01.1806   16.38   150089............   01.3686   17.27   160035............   00.9960   11.50   160114............   01.0526   13.89
    140187............   01.4143   15.70   150011............   01.2160   15.65   150090............   01.2297   17.84   160036............   01.0488   13.58   160115............   00.9897   12.83
    140188............   00.9687   10.93   150012............   01.6434   18.77   150091............   01.0696   15.33   160037............   01.1651   14.19   160116............   01.1879   14.80
    140189............   01.1508   15.87   150013............   01.1117   12.68   150092............   01.0246   12.84   160039............   01.0370   14.71   160117............   01.2924   14.70
    140190............   01.1530   13.53   150014............   01.4271   18.85   150094............   01.0291   16.14   160040............   01.3268   15.44   160118............   01.0051   11.77
    140191............   01.4154   20.56   150015............   01.2677   16.77   150095............   01.0866   15.17   160041............   01.0084   12.61   160120............   00.9931   09.44
    140192............   01.1322   16.11   150017............   01.7977   15.68   150096............   01.0528   17.76   160043............   01.0207   13.56   160122............   01.1748   14.31
    140193............   01.0104   11.79   150018............   01.2591   16.65   150097............   01.0892   16.38   160044............   01.1698   12.51   160123............   01.1808   14.15
    140197............   01.3690   16.76   150019............   01.0382   13.59   150098............   01.1575   11.86   160045............   01.6667   16.35   160124............   01.2394   14.80
    140199............   01.0260   14.73   150020............   01.1643   12.34   150099............   01.2997   16.16   160046............   01.0636   11.86   160126............   01.0838   16.15
    140200............   01.4494   20.10   150021............   01.6412   17.52   150100............   01.6382   17.23   160047............   01.3421   15.29   160129............   01.0127   12.82
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    [[Page 45872]]
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    160130............   01.0625   12.49   170067............   00.9103   11.65   170160............   01.0407   11.13   180067............   01.9277   15.27   190034............   01.1602   14.41
    160131............   01.1371   12.28   170068............   01.3094   14.11   170164............   00.9906   13.92   180069............   01.0350   15.39   190035............   01.4469   17.61
    160133............   01.1892   17.39   170069............   01.1645   13.12   170166............   01.1623   13.71   180070............   01.0759   13.59   190036............   01.6233   18.08
    160134............   01.0327   12.24   170070............   01.0065   12.24   170168............   00.8805   10.83   180072............   00.9953   14.39   190037............   01.0251   10.21
    160135............   00.9953   10.69   170072............   00.9187   10.54   170171............   01.0870   10.44   180075............   00.9673   12.29   190039............   01.4452   17.58
    160138............   01.1205   12.71   170073............   01.0171   12.99   170172............   00.9598   12.70   180078............   01.0960   16.85   190040............   01.3872   17.91
    160140............   01.0812   14.30   170074............   01.1095   12.85   170174............   01.0175   10.87   180079............   01.2252   13.16   190041............   01.4886   16.84
    160142............   01.0411   13.08   170075............   00.8614   10.41   170175............   01.2756   17.46   180080............   01.0560   13.90   190043............   01.0919   12.42
    160143............   01.0401   12.58   170076............   01.0513   10.87   170176............   01.5076   19.27   180085............   01.2867   16.89   190044............   01.1587   17.86
    160145............   01.1178   11.55   170077............   00.9750   10.85   170181............   01.1767  .......  180087............   01.0977   13.07   190045............   01.3452   18.67
    160146............   01.3788   14.96   170079............   01.0894   10.45   180001............   01.2221   15.86   180088............   01.6293   18.09   190046............   01.4675   16.26
    160147............   01.2215   14.07   170080............   00.9829   11.16   180002............   01.0469   16.25   180092............   01.0862   13.78   190047............   01.0592   16.48
    160151............   01.0912   13.10   170081............   00.9978   10.32   180004............   01.1119   13.38   180093............   01.3382   14.08   190048............   01.0642   13.69
    160152............   00.9447   12.41   170082............   00.9942   10.30   180005............   01.0618   17.26   180094............   00.9419   11.42   190049............   01.0172   13.95
    160153............   01.7242   16.90   170084............   00.9622   10.65   180006............   00.9274   08.63   180095............   01.1899   12.50   190050............   01.0694   13.14
    170001............   01.2131   14.88   170085............   00.8999   11.95   180007............   01.3845   14.33   180099............   01.2077   10.89   190053............   01.0354   12.25
    170004............   01.0693   12.69   170086............   01.6679   17.55   180009............   01.3240   16.50   180101............   01.3186   18.68   190054............   01.3615   13.23
    170006............   01.2010   15.19   170087............   01.4303   18.81   180010............   01.8396   16.23   180102............   01.4368   14.54   190059............   00.9426   13.39
    170008............   00.9801   12.92   170088............   00.8977   09.76   180011............   01.1454   15.42   180103............   02.0493   17.52   190060............   01.4785   15.16
    170009............   01.1155   17.18   170089............   01.0612   12.95   180012............   01.3085   16.85   180104............   01.4735   15.55   190064............   01.4974   16.92
    170010............   01.1763   14.08   170090............   01.0082   09.95   180013............   01.4626   15.12   180105............   00.9012   12.43   190065............   01.4931   17.04
    170011............   01.3537   14.19   170092............   00.8129   11.15   180014............   01.5910   17.73   180106............   00.9012   11.83   190071............   00.8498   11.85
    170012............   01.4645   15.64   170093............   00.8838   11.10   180015............   01.1845   14.35   180108............   00.8747   12.16   190075............   01.4543   18.92
    170013............   01.3540   13.97   170094............   01.0632   13.44   180016............   01.2633   14.75   180115............   00.9720   14.02   190077............   00.9541   11.73
    170014............   01.0794   14.53   170095............   01.1095   13.17   180017............   01.2913   13.27   180116............   01.3169   15.01   190078............   01.1817   11.43
    170015............   00.9806   13.60   170097............   00.9789   10.48   180018............   01.1740   13.63   180117............   01.2367   15.41   190079............   01.2300   14.73
    170016............   01.6091   19.51   170098............   01.0225   15.18   180019............   01.3293   16.80   180118............   01.0391   11.92   190081............   00.9047   08.99
    170017............   01.1922   15.10   170099............   01.3189   10.77   180020............   01.0556   15.49   180120............   00.9822   12.26   190083............   00.9672   11.08
    170018............   01.0161   11.92   170100............   01.0247   13.48   180021............   01.1618   12.98   180121............   01.0719   12.71   190086............   01.3024   14.53
    170019............   01.1399   14.63   170101............   00.9913   13.45   180023............   00.8798   10.99   180122............   01.0623   12.63   190088............   01.2370   16.36
    170020............   01.3110   14.68   170102............   00.9680   12.36   180024............   01.2590   15.48   180123............   01.4446   17.30   190089............   01.0711   09.26
    170022............   01.1413   13.47   170103............   01.2817   14.83   180025............   01.1179   15.19   180124............   01.4142   15.91   190090............   01.1668   14.43
    170023............   01.3799   15.56   170104............   01.4279   19.34   180026............   01.1606   11.76   180125............   00.9599   15.97   190092............   01.2573   12.24
    170024............   01.2165   11.95   170105............   00.9750   13.23   180027............   01.2141   14.17   180126............   01.2179   11.31   190095............   01.0284   13.52
    170025............   01.3789   14.29   170106............   00.8751   12.19   180028............   00.9833   16.46   180127............   01.2600   16.63   190098............   01.5166   17.10
    170026............   01.0526   13.40   170108............   00.9812   10.51   180029............   01.2220   15.43   180128............   01.1607   13.00   190099............   01.1300   17.03
    170027............   01.2573   14.72   170109............   01.0068   13.96   180030............   01.1336   09.54   180129............   01.0456   15.03   190102............   01.5245   15.33
    170030............   01.0235   13.67   170110............   00.9179   15.29   180031............   00.9296   12.11   180130............   01.4167   17.27   190103............   00.8384   09.39
    170031............   00.9325   11.65   170112............   00.9238   12.74   180032............   01.0559   15.53   180132............   01.1821   14.40   190106............   01.1220   15.42
    170032............   01.1074   13.49   170113............   01.1925   13.04   180033............   01.1073   12.13   180133............   01.2386   17.31   190109............   01.2162   14.04
    170033............   01.2882   14.68   170114............   01.0133   12.48   180034............   00.9890   14.93   180134............   00.9786   12.39   190110............   01.0315   11.76
    170034............   00.9131   13.26   170115............   01.0216   10.73   180035............   01.4971   16.92   180136............   01.4161   16.84   190111............   01.5568   17.17
    170035............   00.8750   12.11   170116............   01.0387   13.57   180036............   01.1477   16.65   180137............   01.6839   17.08   190112............   01.4902   17.35
    170036............   00.8821   11.44   170117............   00.9050   12.83   180037............   01.2434   19.20   180138............   01.1826   16.52   190113............   01.3396   17.08
    170037............   01.1169   15.23   170119............   00.9649   10.20   180038............   01.3562   14.14   180139............   01.1051   15.33   190114............   00.9851   12.28
    170038............   00.9551   11.29   170120............   01.3299   14.75   180040............   01.9301   19.09   190001............   00.9644   16.01   190115............   01.2542   17.60
    170039............   01.0968   12.22   170121............   00.9411   11.71   180041............   01.0478   13.28   190002............   01.6374   18.16   190116............   01.2858   13.30
    170040............   01.4401   16.25   170122............   01.8098   18.62   180042............   01.1672   12.00   190003............   01.4074   18.23   190118............   01.0092   12.00
    170041............   01.0143   11.04   170123............   01.7901   18.27   180043............   01.0935   15.39   190004............   01.3544   14.02   190120............   01.0309   13.37
    170043............   01.0640   12.94   170124............   00.9830   12.46   180044............   01.0544   13.83   190005............   01.5020   15.78   190122............   01.2919   13.38
    170044............   01.1084   14.61   170126............   00.9847   10.58   180045............   01.2217   16.28   190006............   01.2258   13.74   190124............   01.4639   18.66
    170045............   00.9976   12.44   170128............   00.9854   13.53   180046............   01.0915   16.36   190007............   01.0434   12.27   190125............   01.4620   15.18
    170049............   01.3162   17.80   170131............   01.1350   09.38   180047............   01.0650   13.71   190008............   01.6475   16.82   190127............   01.4558   19.90
    170050............   01.0199   10.54   170133............   01.1703   14.32   180048............   01.1869   15.40   190009............   01.1425   13.81   190128............   01.0642   16.60
    170051............   00.9951   12.83   170134............   00.9502   12.07   180049............   01.3278   14.26   190010............   01.1244   13.57   190130............   01.0520   11.86
    170052............   01.1045   12.81   170137............   01.1506   16.18   180050............   01.2987   15.06   190011............   01.1585   13.25   190131............   01.2964   14.32
    170053............   00.8956   11.99   170139............   01.0518   11.91   180051............   01.3456   13.60   190013............   01.3692   15.51   190133............   01.0540   10.90
    170054............   01.0671   12.27   170140............   01.0645   11.61   180053............   01.2163   13.52   190014............   01.0595   13.49   190134............   00.9924   11.85
    170055............   01.1158   14.16   170142............   01.2551   15.60   180054............   01.0523   12.43   190015............   01.2040   16.70   190135............   01.4554   20.08
    170056............   00.9899   10.07   170143............   01.1521   13.23   180055............   01.1054   13.29   190017............   01.2604   14.98   190136............   01.1399   12.08
    170057............   01.0076   14.13   170144............   01.6074   14.82   180056............   01.0784   15.70   190018............   01.2232   15.07   190138............   00.7376   18.82
    170058............   01.1368   16.33   170145............   01.1826   13.74   180058............   00.9120   12.01   190019............   01.4599   15.79   190140............   00.9870   11.41
    170060............   01.0095   12.67   170146............   01.3553   17.87   180059............   00.8790   11.19   190020............   01.1434   16.43   190142............   00.9693   13.12
    170061............   01.2333   11.89   170147............   01.1927   17.94   180060............   00.9768   11.01   190025............   01.2407   12.09   190144............   01.1976   14.30
    170062............   00.9532   11.22   170148............   01.4374   17.40   180063............   01.0505   09.44   190026............   01.4204   14.85   190145............   00.9489   13.28
    170063............   00.9660   09.03   170150............   01.1431   14.56   180064............   01.2302   12.70   190027............   01.4175   15.44   190146............   01.5725   17.87
    170064............   00.9331   11.28   170151............   01.0535   11.47   180065............   01.0596   09.61   190029............   01.1868   15.59   190147............   00.9619   12.68
    170066............   00.9185   11.39   170152............   00.9490   13.46   180066............   01.2304   17.26   190033............   00.8818   09.88   190148............   00.9425   11.65
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    [[Page 45873]]
                                                                                              Page 7 of 16                                                                                          
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    190149............   00.9929   10.60   200021............   01.1487   17.17   210055............   01.2113   26.02   220090............   01.1993   20.51   230058............   01.1252   15.97
    190151............   01.0876   11.14   200023............   00.8912   15.25   210056............   01.4275   15.73   220092............   01.2503   20.92   230059............   01.4661   18.12
    190152............   01.4102   19.90   200024............   01.2557   18.55   210057............   01.3256   22.58   220094............   01.2099   18.76   230060............   01.3317   16.27
    190155............   00.9849   14.75   200025............   01.1783   18.48   210058............   01.7447   17.53   220095............   01.2315   17.94   230062............   01.1130   14.71
    190156............   00.8862   11.37   200026............   01.0457   15.56   210059............   01.3134   21.97   220097............   01.1025   19.24   230063............   01.3458   17.81
    190158............   01.3048   20.92   200027............   01.2207   15.52   210060............   01.0967   21.07   220098............   01.2361   17.34   230065............   01.4526   18.13
    190160............   01.2539   14.82   200028............   00.9634   15.57   210061............   01.0430  .......  220099............   01.1392   16.77   230066............   01.3152   18.55
    190161............   01.0117   13.12   200031............   01.2310   14.32   220001............   01.1976   20.13   220100............   01.2219   21.66   230068............   01.4296   20.00
    190162............   01.2364   21.67   200032............   01.2057   17.73   220002............   01.5483   21.50   220101............   01.4460   23.37   230069............   01.1205   18.20
    190164............   01.0920   16.49   200033............   01.6964   19.02   220003............   01.0701   16.57   220104............   01.2209   22.59   230070............   01.4620   18.67
    190166............   01.0211   13.69   200034............   01.2233   16.82   220004............   01.1907   19.23   220105............   01.1869   21.38   230071............   00.8421   20.02
    190167............   01.2466   17.25   200037............   01.1715   15.27   220006............   01.3611   20.97   220106............   01.2377   21.02   230072............   01.2440   17.55
    190170............   00.9827   12.41   200038............   01.0836   17.59   220008............   01.2043   18.57   220107............   01.1978   18.62   230075............   01.5034   18.69
    190173............   01.4630   20.83   200039............   01.2581   16.94   220010............   01.2376   20.19   220108............   01.1328   20.00   230076............   01.3257   18.86
    190175............   01.4110  .......  200040............   01.0808   15.62   220011............   01.1200   28.03   220110............   02.0106   29.37   230077............   02.0001   18.35
    190176............   01.6417   17.06   200041............   01.1404   16.98   220012............   01.3024   26.53   220111............   01.2194   19.33   230078............   01.2068   14.77
    190177............   01.6197   20.78   200043............   00.6087   16.71   220015............   01.1897   19.96   220114............   01.4568   18.43   230080............   01.1882   18.22
    190178............   00.9582   10.79   200050............   01.1492   15.77   220016............   01.2459   19.14   220116............   01.8553   23.87   230081............   01.1626   16.37
    190182............   00.9566   20.15   200051............   00.9912   17.33   220017............   01.3072   23.11   220118............   02.0244   25.34   230082............   01.1171   14.65
    190183............   01.1614   12.24   200052............   01.0230   13.59   220019............   01.1584   18.25   220119............   01.3055   23.40   230085............   01.0995   16.38
    190184............   01.0158   11.69   200055............   01.0929   15.03   220020............   01.1232   17.89   220120............   01.2446   18.85   230086............   01.0390   14.27
    190185............   01.2193   19.21   200062............   00.9693   14.32   220021............   01.3770   22.08   220123............   00.9948   22.88   230087............   01.0361   13.82
    190186............   00.9482   12.11   200063............   01.1759   16.86   220023............   01.1947   18.44   220126............   01.2639   17.78   230089............   01.3695   21.88
    190187............   00.9318   12.65   200066............   01.2341   14.87   220024............   01.1843   18.45   220128............   01.1216   22.23   230092............   01.2787   17.42
    190189............   00.7764   16.06   210001............   01.3646   17.18   220025............   01.1360   17.91   220133............   00.8589   28.96   230093............   01.2534   18.00
    190190............   01.0161   18.85   210002............   02.0515   16.27   220028............   01.4387   20.23   220135............   01.1607   22.89   230095............   01.1863   15.62
    190191............   01.2715   20.41   210003............   01.5173   26.44   220029............   01.1282   21.86   220153............   00.9800   17.41   230096............   01.1620   18.32
    190193............   01.2707   19.19   210004............   01.3041   24.62   220030............   01.0843   15.28   220154............   00.9489   19.60   230097............   01.5679   17.19
    190194............   01.1518   18.53   210005............   01.1988   18.75   220031............   01.6928   25.43   220156............   01.3161   19.38   230099............   01.2435   18.35
    190196............   00.8489   16.88   210006............   01.0805   16.17   220033............   01.3632   19.43   220162............   01.4775  .......  230100............   01.2387   14.49
    190197............   01.2858   17.69   210007............   01.5575   19.41   220035............   01.2434   20.33   220163............   01.9504   22.98   230101............   01.0969   15.97
    190199............   01.3781   12.37   210008............   01.3734   19.80   220036............   01.6474   21.93   220171............   01.7211   22.19   230102............   00.7834  ......
    190200............   01.5574   18.93   210009............   01.7273   18.18   220038............   01.3326   20.40   220897............   04.8013  .......  230103............   01.0500   16.10
    190201............   01.2697   17.92   210010............   01.2191   15.74   220041............   01.1978   20.15   230001............   01.2107   15.09   230104............   01.6245   19.92
    190202............   01.5201   18.78   210011............   01.2655   19.58   220042............   01.2521   22.65   230002............   01.2674   18.51   230105............   01.5944   18.07
    190203............   01.5031   19.57   210012............   01.5475   20.57   220046............   01.4143   21.28   230003............   01.1446   17.63   230106............   01.1545   16.99
    190204............   01.4792   20.13   210013............   01.2654   20.26   220049............   01.2639   21.92   230004............   01.6481   20.75   230107............   00.8769   11.85
    190205............   01.8112   16.91   210015............   01.1746   18.47   220050............   01.0680   16.72   230005............   01.2896   17.44   230108............   01.2212   15.90
    190206............   01.4616   20.80   210016............   01.7430   19.90   220051............   01.2295   20.11   230006............   01.1046   15.62   230110............   01.2393   16.49
    190207............   01.1994   18.41   210017............   01.1089   15.93   220052............   01.2703   23.12   230007............   01.0047   16.93   230111............   01.0595   14.14
    190208............   00.8324   09.96   210018............   01.2700   20.00   220053............   01.2871   19.36   230012............   00.6001   12.54   230113............   00.9922   17.34
    190211............   00.6056   11.52   210019............   01.3205   16.54   220055............   01.3639   19.25   230013............   01.3303   19.57   230114............   00.6287   20.38
    190212............   00.7321   12.23   210022............   01.4198   19.43   220057............   01.3603   22.51   230015............   01.1594   18.65   230115............   00.9767   14.41
    190216............   00.6297   18.37   210023............   01.3483   19.46   220058............   01.0610   18.83   230017............   01.5654   20.01   230116............   00.9194   14.42
    190217............   00.9191  .......  210024............   01.3754   17.35   220060............   01.1489   23.11   230019............   01.4946   20.56   230117............   01.8754   22.68
    190218............   01.0516  .......  210025............   01.3202   17.00   220062............   00.6790   18.68   230020............   01.6382   19.60   230118............   01.2164   15.76
    190223............   00.5207  .......  210026............   01.3603   22.97   220063............   01.2217   18.81   230021............   01.5867   16.12   230119............   01.3453   22.01
    190226............   00.8135  .......  210027............   01.2333   15.59   220064............   01.1869   20.35   230022............   01.3133   16.98   230120............   01.1522   23.67
    190227............   00.8873  .......  210028............   01.2118   16.10   220065............   01.1891   19.93   230024............   01.4936   23.87   230121............   01.3023   18.60
    190229............   02.4642  .......  210029............   01.3271   17.21   220066............   01.3085   18.74   230027............   01.1037   14.80   230122............   01.3015   17.81
    190230............   00.8400  .......  210030............   01.0685   18.36   220067............   01.2643   22.39   230029............   01.5937   20.50   230124............   01.1111   16.69
    190231............   01.1981  .......  210031............   01.6197   17.91   220068............   00.5785   15.96   230030............   01.2668   16.14   230125............   01.3058   13.25
    190232............   01.7205  .......  210032............   01.1992   18.14   220070............   01.2733   17.86   230031............   01.4708   18.10   230128............   01.4402   19.92
    200001............   01.2566   14.52   210033............   01.1728   17.70   220071............   01.8242   24.13   230032............   01.7439   18.41   230129............   01.9293   19.58
    200002............   01.0559   16.63   210034............   01.3497   19.13   220073............   01.3852   23.80   230034............   01.1872   15.14   230130............   01.6340   21.89
    200003............   01.1171   15.66   210035............   01.2142   20.18   220074............   01.2794   20.97   230035............   01.1903   16.81   230132............   01.4283   21.06
    200006............   01.1701   15.38   210037............   01.2548   15.17   220075............   01.2079   18.15   230036............   01.2920   18.69   230133............   01.2463   14.88
    200007............   00.9811   14.93   210038............   01.4342   19.79   220076............   01.1689   21.63   230037............   01.1725   16.35   230134............   01.1369   16.43
    200008............   01.2424   18.02   210039............   01.1532   15.16   220077............   01.6349   21.71   230038............   01.6738   20.24   230135............   01.2139   19.52
    200009............   01.7323   19.47   210040............   01.3767   19.85   220079............   01.0974   20.24   230040............   01.2196   17.05   230137............   01.1843   17.53
    200012............   01.1162   15.58   210043............   01.2576   20.43   220080............   01.2793   17.64   230041............   01.1727   17.55   230141............   01.6069   20.25
    200013............   01.1207   14.58   210044............   01.2302   20.56   220081............   01.0455   21.45   230042............   01.1831   18.66   230142............   01.1826   19.33
    200015............   01.2633   16.46   210045............   00.9736   11.99   220082............   01.2554   17.24   230046............   01.7722   25.27   230143............   01.2154   15.80
    200016............   01.0159   16.05   210046............   01.1333   12.11   220083............   01.1952   19.46   230047............   01.2937   19.18   230144............   01.1448   20.99
    200017............   01.2461   17.38   210048............   01.2058   21.96   220084............   01.2206   23.28   230053............   01.5048   23.90   230145............   01.1262   14.78
    200018............   01.1752   14.04   210049............   01.1165   16.76   220086............   01.5367   24.89   230054............   01.7859   18.80   230146............   01.2901   19.28
    200019............   01.2513   17.59   210051............   01.3824   13.41   220088............   01.5488   21.94   230055............   01.1569   16.59   230147............   01.5230   19.33
    200020............   01.1539   19.52   210054............   01.2555   19.16   220089............   01.2981   23.19   230056............   00.9682   13.06   230149............   01.2085   14.21
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    [[Page 45874]]
                                                                                              Page 8 of 16                                                                                          
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    230151............   01.3233   19.88   240002............   01.6725   19.53   240090............   01.0732   13.12   240193............   01.0606   14.44   250081............   01.2292   14.24
    230153............   01.0349   14.92   240003............   01.1479   23.37   240091............   01.0937   10.92   240196............   00.6031   18.69   250082............   01.2324   12.01
    230154............   00.9714   12.93   240004............   01.4625   19.26   240093............   01.3102   15.75   240200............   00.8656   12.36   250083............   01.0859   11.71
    230155............   01.0761   13.24   240005............   00.8750   13.13   240094............   00.9900   16.21   240205............   00.9024  .......  250084............   01.1326   12.46
    230156............   01.6534   21.08   240006............   01.0912   18.30   240096............   01.0972   15.05   240206............   00.8925  .......  250085............   01.0384   11.38
    230157............   01.2631   18.67   240007............   01.1001   14.77   240097............   01.0203   16.73   240207............   01.2148   20.96   250088............   00.9623   14.19
    230159............   01.3273   18.09   240008............   01.1026   13.42   240098............   00.9520   14.88   240210............   01.2573   21.49   250089............   01.1194   11.05
    230161............   00.9933   12.75   240009............   01.0008   15.30   240099............   01.0626   11.12   240211............   00.9051   11.55   250093............   01.1480   12.10
    230162............   00.9084   14.55   240010............   01.9591   20.03   240100............   01.2660   18.09   250001............   01.6028   15.00   250094............   01.2904   13.80
    230165............   01.8106   20.30   240011............   01.1175   15.51   240101............   01.2004   16.22   250002............   00.7930   12.37   250095............   00.9758   12.64
    230167............   01.2554   18.08   240013............   01.2838   15.46   240102............   00.9699   13.30   250003............   01.0075   12.86   250096............   01.2819   15.13
    230169............   01.3305   20.76   240014............   01.0662   16.73   240103............   01.1370   14.12   250004............   01.4407   14.26   250097............   01.1086   13.52
    230171............   01.0332   14.03   240016............   01.3937   14.72   240104............   01.1893   19.56   250005............   00.9885   09.59   250098............   00.8759   11.22
    230172............   01.2727   22.25   240017............   01.1536   14.77   240105............   01.0763   13.71   250006............   00.9874   13.07   250099............   01.2391   11.86
    230174............   01.2418   17.96   240018............   01.2886   15.31   240106............   01.2773   22.45   250007............   01.2429   16.54   250100............   01.2131   12.66
    230175............   02.6753   14.23   240019............   01.2248   19.80   240107............   00.9785   13.40   250008............   00.9665   10.63   250101............   00.9434   09.57
    230176............   01.2043   19.69   240020............   01.1723   17.23   240108............   00.9827   11.10   250009............   01.1540   12.76   250102............   01.4660   13.97
    230178............   01.0119   14.97   240021............   00.9716   12.83   240109............   00.9555   13.75   250010............   01.0241   11.13   250104............   01.2793   14.47
    230180............   01.1001   14.82   240022............   01.1386   16.66   240110............   00.9468   14.99   250012............   00.9571   14.17   250105............   00.8550   11.42
    230184............   01.1705   16.11   240023............   01.0863   15.38   240111............   00.9794   12.94   250015............   01.0999   12.36   250107............   00.8983   13.99
    230186............   01.3015   15.69   240025............   01.2377   13.94   240112............   01.0860   13.13   250017............   00.9522   12.98   250109............   00.9693   12.07
    230188............   01.1288   15.61   240027............   01.0029   12.39   240114............   01.0045   10.23   250018............   00.9424   10.22   250112............   00.9521   12.65
    230189............   00.9168   14.34   240028............   01.1422   15.53   240115............   01.6327   21.28   250019............   01.3283   16.89   250117............   01.0319   12.65
    230190............   01.0148   20.60   240029............   01.2204   15.39   240116............   00.8833   12.64   250020............   00.9812   09.79   250119............   01.2539   11.54
    230191............   00.9038   14.34   240030............   01.3116   16.01   240117............   01.0892   16.56   250021............   00.8899   07.83   250120............   01.0502   11.96
    230193............   01.2146   16.81   240031............   00.9538   12.78   240119............   00.8532   16.27   250023............   00.8958   09.70   250122............   01.3088   14.29
    230194............   01.1621   13.35   240036............   01.4871   18.61   240121............   00.8919   17.30   250024............   00.9704   08.93   250123............   01.4131   18.33
    230195............   01.2654   21.05   240037............   01.0790   15.12   240122............   01.0333   16.04   250025............   01.1605   14.21   250124............   00.8930   11.34
    230197............   01.2729   20.03   240038............   01.4674   21.40   240123............   01.0160   12.31   250027............   01.0442   10.04   250125............   01.3329   15.75
    230199............   01.1844   16.77   240040............   01.2418   18.94   240124............   01.0500   15.19   250029............   00.8985   11.10   250126............   01.0024   12.25
    230201............   01.0422   13.64   240041............   01.1943   14.12   240125............   00.9073   10.62   250030............   00.9668   11.80   250127............   00.7908  ......
    230204............   01.3354   19.61   240043............   01.2025   16.03   240127............   00.9941   11.24   250031............   01.3816   17.69   250128............   00.9436   10.61
    230205............   01.1139   15.36   240044............   01.1743   15.76   240128............   01.0878   13.49   250032............   01.2589   15.96   250131............   01.0283   09.45
    230207............   01.2058   19.06   240045............   01.0584   16.81   240129............   00.9651   11.01   250033............   00.9355   12.59   250134............   00.9520   11.58
    230208............   01.1852   14.67   240047............   01.4203   17.39   240130............   00.9793   14.34   250034............   01.4922   12.38   250136............   00.8671   16.62
    230211............   00.9895   13.41   240048............   01.2660   20.88   240132............   01.2199   21.55   250035............   00.8666   12.03   250138............   01.3257   16.03
    230212............   01.0473   19.14   240049............   01.6889   20.76   240133............   01.1223   15.52   250036............   00.9908   10.24   250140............   00.8057   09.41
    230213............   01.0531   11.90   240050............   01.1268   17.74   240135............   00.9209   11.04   250037............   00.8841   08.83   250141............   01.2412   14.89
    230216............   01.4062   14.96   240051............   00.9170   16.00   240137............   01.1889   14.43   250038............   00.9733   09.93   250144............   00.9467  ......
    230217............   01.1401   17.17   240052............   01.2359   16.24   240138............   00.9656   11.55   250039............   01.0067   10.13   250145............   00.8829  ......
    230219............   00.9667   12.74   240053............   01.5047   19.08   240139............   00.9549   14.97   250040............   01.3264   14.88   250146............   01.0100  ......
    230221............   01.2982   18.57   240056............   01.2934   19.39   240141............   01.1105   19.61   250042............   01.1532   13.22   250148............   01.0637  ......
    230222............   01.3345   17.89   240057............   01.7457   21.23   240142............   01.1063   14.42   250043............   00.8809   10.27   250149............   00.9111  ......
    230223............   01.3148   19.52   240058............   00.9587   09.56   240143............   00.9185   11.41   250044............   01.0076   12.85   260001............   01.6498   15.91
    230227............   01.4498   20.47   240059............   01.0818   17.97   240144............   00.9655   13.73   250045............   01.2115   15.80   260002............   01.4327   19.48
    230228............   01.2890   17.02   240061............   01.7137   19.93   240145............   01.0049   11.38   250047............   00.9196   08.87   260003............   00.9751   12.78
    230230............   01.3845   20.01   240063............   01.5305   20.52   240146............   00.9799   14.99   250048............   01.4047   12.62   260004............   01.0432   12.06
    230232............   01.0545   16.94   240064............   01.1601   17.31   240148............   01.0008   10.45   250049............   00.8974   10.42   260005............   01.5844   19.17
    230235............   01.0046   14.62   240065............   00.9338   10.64   240150............   00.8780   10.86   250050............   01.2596   11.28   260006............   01.4804   16.01
    230236............   01.3262   20.31   240066............   01.3795   19.06   240152............   01.0006   17.14   250051............   00.8750   08.96   260007............   01.4060   16.14
    230239............   01.1482   14.99   240069............   01.1330   17.24   240153............   01.0192   14.24   250057............   01.1491   12.74   260008............   01.2376   13.90
    230241............   01.1550   16.43   240071............   01.1292   17.46   240154............   00.9905   14.61   250058............   01.1665   12.27   260009............   01.2653   15.01
    230244............   01.3835   18.88   240072............   01.0019   15.57   240155............   00.9286   16.12   250059............   01.1891   11.77   260011............   01.6051   16.63
    230253............   01.0636   16.84   240073............   00.9783   14.01   240157............   01.0225   12.12   250060............   00.8058   11.28   260012............   01.0636   11.88
    230254............   01.2272   21.93   240075............   01.2057   18.33   240160............   00.9496   14.46   250061............   00.8775   09.15   260013............   01.1493   13.50
    230257............   01.1250   17.12   240076............   01.1450   19.11   240161............   00.9605   14.31   250063............   00.8500   12.49   260014............   01.7535   17.79
    230259............   01.2698   18.67   240077............   00.9211   12.69   240162............   00.9630   14.88   250065............   00.9011   10.82   260015............   01.2443   12.97
    230264............   01.2471   16.92   240078............   01.4412   19.92   240163............   00.8630   13.46   250066............   00.9326   12.03   260017............   01.1937   12.42
    230269............   01.2450   21.14   240079............   01.0116   13.47   240166............   01.1232   14.50   250067............   01.0946   12.22   260018............   00.9428   08.66
    230270............   01.2233   18.95   240080............   01.4123   19.62   240169............   00.9513   13.93   250068............   00.8683   12.14   260019............   01.0687   13.01
    230273............   01.5933   19.35   240082............   01.1392   14.18   240170............   01.1212   14.12   250069............   01.2544   12.65   260020............   01.6841   19.79
    230275............   00.6409   15.75   240083............   01.3350   17.68   240171............   01.0074   13.83   250071............   00.9869   11.25   260021............   01.4693   16.68
    230276............   00.8837   15.48   240084............   01.3215   16.20   240172............   01.0814   14.56   250072............   01.2924   15.11   260022............   01.3476   14.85
    230277............   01.2088   18.95   240085............   00.9135   15.23   240173............   01.0091   14.49   250073............   01.0574   09.16   260023............   01.2169   14.03
    230278............   01.6978   17.19   240086............   01.0879   14.33   240179............   01.0502   14.05   250076............   01.0126   11.04   260024............   00.9975   11.71
    230280............   00.9203  .......  240087............   01.1561   14.21   240180............   00.9111   10.44   250077............   00.9418   10.20   260025............   01.3026   13.16
    230281............   01.4676  .......  240088............   01.4415   17.29   240184............   00.9037   11.75   250078............   01.3897   13.77   260027............   01.5904   18.65
    240001............   01.5227   20.18   240089............   01.0048   14.73   240187............   01.2634   15.97   250079............   00.8444   12.64   260029............   01.1107   17.08
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
                                                                                                                                                                                                    
    
    [[Page 45875]]
                                                                                              Page 9 of 16                                                                                          
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    260030............   01.3033   09.37   260137............   01.2883   14.24   270050............   01.0455   16.53   280058............   01.1987   13.63   290036............   01.0268  ......
    260031............   01.4678   18.03   260138............   01.8420   19.32   270051............   01.2741   18.12   280060............   01.5876   18.29   290037............   01.7750  ......
    260032............   01.6073   13.18   260141............   01.8940   17.33   270052............   01.0618   13.84   280061............   01.4422   14.63   290038............   01.1870  ......
    260034............   01.0152   12.93   260142............   01.1868   14.08   270053............   00.9970   07.13   280062............   01.1923   10.12   300001............   01.4047   19.78
    260035............   01.0652   11.41   260143............   00.9867   09.51   270057............   01.1713   15.18   280064............   00.9693   12.15   300003............   01.7941   21.09
    260036............   01.0897   14.27   260146............   01.4828   19.71   270058............   00.9807   10.66   280065............   01.2507   15.96   300005............   01.2685   17.44
    260037............   01.3303   14.40   260147............   01.0149   12.16   270059............   00.8267   13.66   280066............   01.0279   11.07   300006............   01.1101   15.99
    260039............   01.2388   10.72   260148............   01.0073   12.55   270060............   00.9644   13.42   280068............   00.9847   08.59   300007............   01.1781   17.72
    260040............   01.6153   14.88   260158............   01.1788   11.40   270063............   00.9125   13.15   280070............   01.0000   09.86   300008............   01.2270   16.18
    260042............   01.3286   15.75   260159............   01.3434   18.30   270068............   00.9184   12.25   280073............   01.0751   12.53   300009............   01.1985   15.47
    260044............   01.0828   13.78   260160............   01.0914   12.54   270072............   00.9576   12.39   280074............   01.0409   12.24   300010............   01.2030   17.36
    260047............   01.4248   13.91   260162............   01.5099   16.23   270073............   01.1034   10.27   280075............   01.3095   11.50   300011............   01.3272   21.08
    260048............   01.2491   17.03   260163............   01.1785   13.51   270074............   00.9035  .......  280076............   01.0748   12.42   300012............   01.2920   21.68
    260050............   01.1065   13.74   260164............   01.0462   11.93   270075............   00.8783  .......  280077............   01.3632   16.20   300013............   01.1784   16.16
    260052............   01.2727   16.70   260166............   01.1547   18.14   270076............   00.7732  .......  280079............   01.0096   08.85   300014............   01.2554   17.01
    260053............   01.1634   09.81   260172............   01.0140   11.31   270079............   00.8806   13.15   280080............   01.2501   10.50   300015............   01.1415   16.94
    260054............   01.2584   15.10   260173............   00.9894   10.67   270080............   01.1206   14.02   280081............   01.7016   18.52   300016............   01.2632   19.06
    260055............   01.0724   12.81   260175............   01.1485   13.86   270081............   01.0037   10.21   280082............   01.0906   11.81   300017............   01.1739   19.63
    260057............   01.1608   13.77   260176............   01.5967   15.21   270082............   00.9086   16.06   280083............   01.0470   12.63   300018............   01.2143   18.68
    260059............   01.1236   12.90   260177............   01.2822   18.47   270083............   01.0332   11.82   280084............   01.0205   10.55   300019............   01.2254   18.15
    260061............   01.1071   11.10   260178............   01.4986   19.19   270084............   00.8579   13.29   280085............   00.5745   13.22   300020............   01.2443   18.81
    260062............   01.1874   15.30   260179............   01.5429   20.22   270085............   01.1363  .......  280088............   01.6955   17.05   300021............   01.1653   15.20
    260063............   01.0964   14.23   260180............   01.7170   17.79   280001............   01.1549   14.18   280089............   01.0291   13.15   300022............   01.1082   16.54
    260064............   01.3736   14.63   260183............   01.6342   15.54   280003............   01.9107   17.34   280090............   01.0387   11.51   300023............   01.2794   19.11
    260065............   01.7362   14.50   260186............   01.1915   14.51   280005............   01.4470   16.78   280091............   01.1348   14.23   300024............   01.2872   17.09
    260066............   01.1245   12.18   260188............   01.2978   16.33   280009............   01.5926   15.76   280092............   00.8866   11.69   300028............   01.3059   15.13
    260067............   00.9050   10.16   260189............   00.9718   09.35   280010............   00.9153   13.81   280094............   01.1289   13.71   300029............   01.2839   20.32
    260068............   01.7168   18.00   260190............   01.1852   18.20   280011............   00.9466   11.03   280097............   00.9848   12.08   300033............   01.0583   13.69
    260070............   01.2656   11.28   260191............   01.1932   16.21   280012............   01.1851   13.28   280098............   00.9036   09.92   300034............   01.9240   21.01
    260073............   01.0078   11.49   260193............   01.2087   17.30   280013............   01.9950   20.71   280101............   01.0669   09.77   310001............   01.6930   23.44
    260074............   01.3208   14.05   260195............   01.1672   13.70   280014............   00.9454   10.97   280102............   01.1276   10.31   310002............   01.6575   24.76
    260077............   01.5591   16.08   260197............   01.2675   22.49   280015............   01.1157   12.78   280104............   01.0155   10.32   310003............   01.2015   21.26
    260078............   01.1100   14.31   260198............   01.2556   14.73   280017............   01.1947   13.37   280105............   01.2556   15.99   310005............   01.1831   20.09
    260079............   01.0374   11.13   260200............   01.2580   20.58   280018............   01.0064   12.08   280106............   00.9271   13.01   310006............   01.2093   20.07
    260080............   00.9466   09.28   260202............   01.1449   17.37   280020............   01.5132   17.44   280107............   01.0584   10.79   310008............   01.2635   19.90
    260081............   01.3870   17.21   260204............   00.6808  .......  280021............   01.2597   14.03   280108............   01.1035   12.56   310009............   01.2280   20.09
    260082............   01.1706   13.16   270002............   01.2061   14.67   280022............   00.9537   10.41   280109............   00.8849   10.22   310010............   01.3079   17.46
    260085............   01.5221   18.65   270003............   01.2427   17.35   280023............   01.3719   14.33   280110............   01.0153   10.55   310011............   01.2881   19.99
    260086............   01.0078   12.28   270004............   01.6741   16.44   280024............   00.9370   10.93   280111............   01.2565   15.55   310012............   01.5330   22.98
    260089............   01.0433   12.88   270006............   01.0315   11.79   280025............   01.0059   10.58   280114............   00.9330   10.07   310013............   01.3256   19.19
    260091............   01.6144   18.97   270007............   00.9035   12.34   280026............   01.0774   12.62   280115............   00.9760   13.60   310014............   01.6329   22.95
    260094............   01.0888   14.92   270009............   01.0522   18.56   280028............   01.0505   12.46   280117............   01.1662   14.07   310015............   01.7741   23.86
    260095............   01.4311   16.21   270011............   01.1422   14.69   280029............   01.0102   12.23   280118............   00.9862   13.25   310016............   01.2302   21.83
    260096............   01.5493   19.82   270012............   01.4573   17.25   280030............   01.7873   22.60   280119............   00.9944  .......  310017............   01.3436   21.36
    260097............   01.1488   14.83   270013............   01.3235   16.27   280031............   01.0720   12.01   280123............   00.9270   15.00   310018............   01.2156   21.47
    260100............   01.1269   12.77   270014............   01.6560   15.12   280032............   01.2383   14.78   290001............   01.7427   21.82   310019............   01.6949   21.25
    260102............   01.0363   15.72   270016............   00.8256   10.20   280033............   01.0153   13.52   290002............   00.9190   17.72   310020............   01.1972   18.78
    260103............   01.3221   17.08   270017............   01.2740   16.23   280034............   01.1911   13.66   290003............   01.6587   20.91   310021............   01.2836   19.65
    260104............   01.6613   18.27   270019............   00.9937   12.23   280035............   00.8819   11.62   290005............   01.2678   19.56   310022............   01.2485   18.19
    260105............   01.8256   18.29   270021............   01.1369   14.71   280037............   00.9979   12.06   290006............   01.0337   16.63   310024............   01.2319   21.47
    260107............   01.3910   17.90   270023............   01.3182   17.63   280038............   01.0597   12.86   290007............   01.7782   22.22   310025............   01.1869   20.24
    260108............   01.7513   17.38   270024............   00.9847   11.35   280039............   01.2712   13.10   290008............   01.2063   17.86   310026............   01.2706   21.12
    260109............   01.0046   11.51   270026............   00.9131   12.56   280040............   01.6146   18.26   290009............   01.5580   20.26   310027............   01.3144   17.61
    260110............   01.5467   14.55   270027............   01.0305   12.04   280041............   01.0572   10.95   290010............   01.1552   17.50   310028............   01.1385   19.28
    260111............   00.8939   10.83   270028............   01.0693   14.45   280042............   01.1705   13.58   290011............   00.9691   13.05   310029............   01.7872   20.90
    260112............   01.4469   17.09   270029............   01.0320   14.46   280043............   01.0597   12.23   290012............   01.4465   19.66   310031............   02.6050   23.85
    260113............   01.1577   13.08   270031............   00.9049   09.71   280045............   01.1825   13.09   290013............   01.1414   15.42   310032............   01.2557   19.04
    260115............   01.1768   14.97   270032............   01.1444   15.72   280046............   01.0708   10.66   290014............   01.0009   16.60   310034............   01.2014   18.21
    260116............   01.1359   12.68   270033............   00.8783   21.10   280047............   01.1624   16.07   290015............   00.9889   12.99   310036............   01.2138   17.92
    260119............   01.1926   13.52   270035............   00.9894   14.73   280048............   01.0499   10.85   290016............   01.3306   15.75   310037............   01.2388   24.01
    260120............   01.2261   14.49   270036............   01.0120   09.12   280049............   01.1043   13.00   290018............   00.9628   22.74   310038............   01.7727   22.21
    260122............   01.1602   12.04   270039............   00.9390   12.62   280050............   01.0174   11.53   290019............   01.2518   17.47   310039............   01.2783   19.78
    260123............   01.0178   10.06   270040............   01.0903   19.48   280051............   01.0446   14.71   290020............   01.2240   18.37   310040............   01.2683   21.87
    260127............   00.9980   14.37   270041............   01.0725   10.12   280052............   01.1260   10.91   290021............   01.5718   20.67   310041............   01.2889   20.71
    260128............   01.0173   08.68   270044............   01.2618   14.10   280054............   01.2447   14.44   290022............   01.6200   23.07   310042............   01.1596   20.03
    260129............   01.1495   13.09   270046............   00.9502   15.13   280055............   00.9253   10.12   290027............   01.0027   13.90   310043............   01.1812   20.19
    260131............   01.3359   15.39   270048............   01.0910   12.39   280056............   01.0855   10.24   290029............   00.8842  .......  310044............   01.3145   19.51
    260134............   01.1840   13.51   270049............   01.7658   16.51   280057............   00.9872   14.21   290032............   01.3433   19.50   310045............   01.3120   24.22
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
                                                                                                                                                                                                    
    
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    310047............   01.2978   21.60   320032............   00.9776   20.28   330061............   01.3120   22.35   330171............   01.2992   21.23   330268............   01.0090   14.96
    310048............   01.2227   20.26   320033............   01.0818   19.40   330062............   01.0664   15.08   330175............   01.1063   13.41   330270............   01.9642   27.18
    310049............   01.2908   20.19   320035............   01.1660   13.24   330064............   01.3911   27.78   330177............   01.0514   12.91   330273............   01.2855   21.42
    310050............   01.2017   20.51   320037............   01.3899   12.74   330065............   01.1624   16.59   330179............   00.8581   12.51   330275............   01.2081   18.08
    310051............   01.3227   22.94   320038............   01.2002   14.49   330066............   01.2995   17.69   330180............   01.1690   15.30   330276............   01.2082   16.38
    310052............   01.2366   19.79   320046............   01.1906   18.36   330067............   01.3225   20.03   330181............   01.3008   27.47   330277............   01.1319   16.03
    310054............   01.2848   22.08   320048............   01.2872   14.65   330072............   01.3563   26.92   330182............   02.4742   26.72   330279............   01.3510   16.78
    310056............   01.2278   18.60   320056............   00.8819  .......  330073............   01.1841   13.26   330183............   01.3763   18.32   330281............   00.5568   23.06
    310057............   01.2648   18.67   320057............   00.9639  .......  330074............   01.2524   16.33   330184............   01.3472   23.65   330285............   01.7116   20.80
    310058............   01.1165   22.53   320058............   00.7808  .......  330075............   01.0753   16.05   330185............   01.1723   22.73   330286............   01.3041   22.10
    310060............   01.1764   15.81   320059............   01.0425  .......  330078............   01.4389   16.68   330186............   00.9130   19.17   330288............   01.0139   17.60
    310061............   01.1722   18.96   320060............   00.9410  .......  330079............   01.2684   15.57   330188............   01.2063   16.77   330290............   01.6417   27.25
    310062............   01.2970   26.34   320061............   01.1664  .......  330080............   01.4665   23.97   330189............   00.7331   12.31   330293............   01.1276   13.51
    310063............   01.3226   20.46   320062............   00.8931  .......  330082............   01.1808   17.10   330191............   01.2892   18.01   330304............   01.2716   23.24
    310064............   01.2668   20.47   320063............   01.3211   15.46   330084............   00.9833   15.94   330193............   01.3482   24.81   330306............   01.3707   24.98
    310067............   01.2594   20.36   320065............   01.2430   17.01   330085............   01.3460   17.68   330194............   01.8210   24.97   330307............   01.1721   17.04
    310069............   01.1730   17.01   320067............   00.8539   10.32   330086............   01.2503   23.08   330195............   01.5873   27.49   330308............   01.2466   25.87
    310070............   01.3502   21.60   320068............   00.9034   16.83   330088............   01.0977   22.97   330196............   01.3950   24.75   330309............   01.1999   23.47
    310072............   01.2374   19.41   320069............   01.0835   13.56   330090............   01.5160   16.20   330197............   01.0524   14.34   330314............   01.4338   20.37
    310073............   01.4817   21.39   320070............   00.9428  .......  330091............   01.3705   17.15   330198............   01.3620   25.91   330315............   01.2292   23.02
    310074............   01.3262   20.59   320074............   01.1259   17.57   330092............   00.9957   14.04   330199............   01.2860   23.44   330316............   01.3096   24.11
    310075............   01.3128   20.53   320076............   00.9991   16.21   330094............   01.1855   14.91   330201............   01.4531   24.83   330327............   00.8781   15.44
    310076............   01.3226   26.50   320079............   01.1685   18.53   330095............   01.2824   16.28   330202............   01.3373   24.50   330331............   01.1813   25.65
    310077............   01.4994   22.03   320082............   01.8075  .......  330096............   01.0596   14.40   330203............   01.3430   18.69   330332............   01.2836   22.41
    310078............   01.2791   22.48   330001............   01.2027   23.04   330097............   01.1475   14.94   330204............   01.2933   23.88   330333............   01.2926   23.11
    310081............   01.2164   19.38   330002............   01.4124   23.83   330100............   00.6684   24.57   330205............   01.1975   17.54   330336............   01.3502   27.66
    310083............   01.2378   21.39   330003............   01.3158   17.46   330101............   01.7755   29.73   330208............   01.2274   22.74   330338............   01.2396   22.06
    310084............   01.2075   20.18   330004............   01.2561   19.60   330102............   01.3522   16.65   330209............   01.1848   20.53   330339............   00.8669   17.94
    310086............   01.2176   19.38   330005............   01.7620   18.94   330103............   01.2524   15.29   330211............   01.2925   15.74   330340............   01.1608   23.73
    310087............   01.2313   18.62   330006............   01.3185   23.17   330104............   01.4242   25.67   330212............   01.1932   19.47   330350............   01.8072   26.95
    310088............   01.1789   21.00   330007............   01.3208   16.57   330106............   01.5662   31.07   330213............   01.0876   15.58   330353............   01.2882   28.01
    310090............   01.1946   21.38   330008............   01.1370   16.15   330107............   01.2052   22.95   330214............   01.7088   27.08   330354............   01.3874  ......
    310091............   01.2415   18.79   330009............   01.3261   27.98   330108............   01.1972   15.71   330215............   01.1519   16.55   330357............   01.3452   29.51
    310092............   01.3962   19.24   330010............   01.2191   14.38   330111............   01.0845   14.47   330218............   01.1659   15.36   330359............   00.9345   19.17
    310093............   01.1435   19.43   330011............   01.2428   16.56   330114............   00.9193   15.00   330219............   01.7195   18.75   330372............   01.2575   21.28
    310096............   01.8860   21.72   330012............   01.6258   25.68   330115............   01.1851   14.41   330221............   01.2718   25.64   330381............   01.2114   26.55
    310105............   01.2351   20.43   330013............   02.0631   17.16   330116............   00.9613   13.66   330222............   01.2469   15.21   330383............   01.3259  ......
    310108............   01.3621   19.59   330014............   01.3639   26.33   330118............   01.5979   17.36   330223............   01.1104   15.86   330385............   01.2184   25.67
    310110............   01.2191   19.32   330016............   00.9847   15.57   330119............   01.7237   28.24   330224............   01.2700   19.31   330386............   01.2294   19.79
    310111............   01.2455   18.13   330019............   01.2313   23.83   330121............   01.0667   13.42   330225............   01.1576   23.75   330387............   00.7536   36.27
    310112............   01.2943   19.42   330020............   01.0911   14.70   330122............   01.2895   21.37   330226............   01.2811   16.82   330389............   01.8055   28.55
    310113............   01.2243   19.35   330023............   01.1830   21.41   330125............   01.7519   18.89   330229............   01.3299   14.48   330390............   01.2316   24.96
    310115............   01.2390   19.80   330024............   01.8062   27.93   330126............   01.1469   19.06   330230............   01.5420   25.52   330393............   01.6790   25.15
    310116............   01.2166   20.61   330025............   01.1635   13.45   330127............   01.3574   24.53   330231............   01.1472   26.40   330394............   01.4862   17.28
    310118............   01.2191   21.18   330027............   01.4312   29.92   330128............   01.3303   25.17   330232............   01.2389   14.65   330395............   01.3351   26.58
    310119............   01.5589   29.46   330028............   01.3524   23.16   330132............   01.0796   13.15   330233............   01.5462   30.00   330396............   01.2611   23.98
    310120............   01.0810   17.02   330029............   01.0937   16.36   330133............   01.3290   28.20   330234............   02.1509   27.03   330397............   01.4810   23.47
    310121............   01.0724   17.85   330030............   01.2392   15.26   330135............   01.2226   16.47   330235............   01.1618   16.46   330398............   01.2131   25.84
    320001............   01.4366   16.14   330033............   01.2024   13.36   330136............   01.2683   19.79   330236............   01.3663   25.32   330399............   01.3136   27.41
    320002............   01.3563   21.36   330034............   00.8669   29.10   330140............   01.6881   17.07   330238............   01.1419   13.64   340001............   01.4375   18.69
    320003............   01.2298   14.20   330036............   01.2237   21.09   330141............   01.3453   23.29   330239............   01.2266   14.38   340002............   01.8274   17.46
    320004............   01.1229   16.38   330037............   01.1795   14.71   330144............   01.0398   13.45   330240............   01.3143   26.41   340003............   01.1539   17.44
    320005............   01.3257   18.36   330038............   01.1869   13.86   330148............   01.0294   13.70   330241............   01.9309   20.81   340004............   01.4844   16.48
    320006............   01.4173   14.16   330039............   00.8701   13.51   330151............   01.0525   12.53   330242............   01.3377   20.60   340005............   01.2380   12.65
    320009............   01.5156   16.90   330041............   01.3624   26.36   330152............   01.3980   26.57   330245............   01.2460   17.22   340006............   01.1128   14.19
    320011............   01.0249   17.65   330043............   01.2325   24.15   330153............   01.6410   17.53   330246............   01.2726   22.67   340007............   01.1584   14.94
    320012............   01.0428   17.37   330044............   01.2066   16.10   330154............   01.5523  .......  330247............   00.7884   25.42   340008............   01.2193   15.82
    320013............   01.0889   17.38   330045............   01.3974   23.27   330157............   01.2584   18.01   330249............   01.2357   15.87   340009............   01.1741   19.21
    320014............   01.0454   09.02   330046............   01.4962   26.80   330158............   01.3006   22.12   330250............   01.2316   15.80   340010............   01.3038   15.46
    320016............   01.1562   14.52   330047............   01.2200   16.37   330159............   01.3142   17.37   330252............   00.9099   15.14   340011............   01.1066   13.94
    320017............   01.1504   17.38   330048............   01.2674   15.50   330160............   01.4544   27.75   330254............   00.9916   15.51   340012............   01.2143   15.39
    320018............   01.4185   16.77   330049............   01.2673   17.22   330161............   00.9392   15.60   330258............   01.3589   23.96   340013............   01.2166   14.57
    320019............   01.4846   18.67   330053............   01.1259   14.20   330162............   01.2563   24.16   330259............   01.3537   21.55   340014............   01.5912   18.83
    320021............   01.7030   20.73   330055............   01.3713   27.96   330163............   01.1593   16.79   330261............   01.2206   23.08   340015............   01.2407   15.33
    320022............   01.2443   17.51   330056............   01.3550   27.22   330164............   01.3538   18.48   330263............   01.0437   15.85   340016............   01.1503   14.55
    320023............   01.0444   14.13   330057............   01.6043   17.28   330166............   00.9855   13.97   330264............   01.2549   19.42   340017............   01.3015   14.65
    320030............   01.0646   18.67   330058............   01.2642   15.35   330167............   01.5896   26.67   330265............   01.3454   14.34   340018............   01.0825   14.66
    320031............   00.9696   11.41   330059............   01.5861   27.24   330169............   01.4497   29.07   330267............   01.2471   21.54   340019............   01.0463   10.97
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
                                                                                                                                                                                                    
    
    [[Page 45877]]
                                                                                              Page 11 of 16                                                                                         
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    340020............   01.2214   19.33   340114............   01.4370   18.91   350030............   01.0782   15.42   360052............   01.6706   17.01   360129............   01.0212   13.31
    340021............   01.2429   15.10   340115............   01.5516   17.01   350033............   00.9414   13.28   360054............   01.2364   14.87   360130............   01.0803   13.93
    340022............   01.0861   14.07   340116............   01.7556   19.43   350034............   00.9862   14.00   360055............   01.1887   17.02   360131............   01.2766   16.41
    340023............   01.3551   16.96   340119............   01.2827   14.92   350035............   00.8461   10.06   360056............   01.4023   14.80   360132............   01.3067   18.64
    340024............   01.2088   14.35   340120............   01.0627   12.83   350038............   00.9999   13.01   360057............   01.0616   12.70   360133............   01.4340   17.01
    340025............   01.1085   14.27   340121............   01.0948   13.86   350039............   01.0331   13.63   360058............   01.1741   15.10   360134............   01.6313   17.77
    340027............   01.2066   14.87   340122............   01.0074   12.44   350041............   01.0451   11.63   360059............   01.5386   19.71   360135............   01.1456   15.15
    340028............   01.5189   16.47   340123............   01.1032   14.48   350042............   01.0138   13.85   360062............   01.4513   18.00   360136............   01.0358   14.10
    340030............   01.9236   18.03   340124............   01.0598   13.16   350043............   01.4085   15.08   360063............   01.0436   17.30   360137............   01.5633   17.61
    340031............   01.0073   11.38   340125............   01.4126   16.38   350044............   00.8723   10.01   360064............   01.4685   18.71   360140............   00.9977   15.13
    340032............   01.2722   16.65   340126............   01.4006   16.98   350047............   01.1514   15.96   360065............   01.2562   16.05   360141............   01.4459   19.09
    340034............   01.2862   17.26   340127............   01.3145   15.68   350049............   01.0973   09.92   360066............   01.3256   16.87   360142............   00.9941   14.51
    340035............   01.1055   14.26   340129............   01.2766   18.25   350050............   01.0007   10.35   360067............   01.1115   11.73   360143............   01.3138   17.32
    340036............   01.2272   16.44   340130............   01.3380   15.99   350051............   00.9666   11.29   360068............   01.6362   20.80   360144............   01.3278   19.94
    340037............   01.1607   14.58   340131............   01.3791   16.02   350053............   01.0840   09.16   360069............   01.0676   15.90   360145............   01.6473   15.96
    340038............   01.1622   14.65   340132............   01.2661   12.80   350055............   00.9493   11.52   360070............   01.5784   16.33   360147............   01.2733   14.83
    340039............   01.2728   17.98   340133............   01.1294   14.24   350056............   00.9567   12.07   360071............   01.2933   15.64   360148............   01.1734   15.29
    340040............   01.7442   17.23   340136............   01.0903   16.92   350058............   01.0054   11.46   360072............   01.1550   14.77   360149............   01.1353   16.99
    340041............   01.2497   15.28   340137............   01.1904   13.07   350060............   00.9061   07.20   360074............   01.3468   18.13   360150............   01.3102   16.70
    340042............   01.1070   13.11   340138............   01.1282   14.31   350061............   01.0508   14.13   360075............   01.4104   18.42   360151............   01.3471   16.20
    340044............   01.0368   12.58   340141............   01.5336   18.20   350063............   00.8168  .......  360076............   01.3080   17.06   360152............   01.5274   17.02
    340045............   01.0070   08.49   340142............   01.1924   15.16   350064............   00.8453  .......  360077............   01.4463   18.22   360153............   01.1435   13.32
    340047............   01.8771   17.46   340143............   01.3424   18.36   350065............   00.8966   09.89   360078............   01.2808   18.19   360154............   01.0543   12.01
    340048............   00.7695   08.62   340144............   01.3526   16.96   350066............   00.8594  .......  360079............   01.6831   19.06   360155............   01.3084   18.30
    340049............   00.6050   15.68   340145............   01.3006   15.79   360001............   01.2737   16.58   360080............   01.0833   14.79   360156............   01.3318   16.30
    340050............   01.1906   16.12   340146............   01.0912   12.76   360002............   01.1539   14.90   360081............   01.3730   18.30   360159............   01.1477   17.70
    340051............   01.2434   15.76   340147............   01.2928   16.80   360003............   01.7163   19.44   360082............   01.2993   18.90   360161............   01.3554   18.52
    340052............   01.0229   18.45   340148............   01.4258   17.75   360006............   01.7248   19.60   360083............   01.2953   15.60   360162............   01.1934   15.50
    340053............   01.6219   18.66   340151............   01.1784   13.81   360007............   01.0537   15.57   360084............   01.6280   17.52   360163............   01.8277   18.81
    340054............   01.0768   12.74   340153............   01.9573   19.41   360008............   01.2393   15.77   360085............   01.7866   18.85   360164............   00.8939   13.53
    340055............   01.2107   16.29   340154............   01.0753   14.94   360009............   01.3585   17.14   360086............   01.4650   15.62   360165............   01.1586   14.66
    340060............   01.1365   15.32   340155............   01.4445   19.22   360010............   01.1699   15.09   360087............   01.3579   17.19   360166............   01.1803   16.68
    340061............   01.7024   18.17   340156............   00.7886  .......  360011............   01.2316   17.13   360088............   01.2297   15.09   360169............   01.0152   16.77
    340063............   01.0854   14.50   340158............   01.1620   16.37   360012............   01.2575   18.10   360089............   01.1095   16.46   360170............   01.2081   17.19
    340064............   01.2236   15.48   340159............   01.1374   15.06   360013............   01.1234   15.10   360090............   01.2171   18.32   360172............   01.4144   16.01
    340065............   01.2563   11.40   340160............   01.1423   12.04   360014............   01.1305   16.24   360091............   01.2693   18.20   360174............   01.2615   16.86
    340067............   01.2050   13.69   340162............   01.3232   16.41   360016............   01.5690   17.58   360092............   01.3081   17.29   360175............   01.2606   17.31
    340068............   01.2906   12.83   340164............   01.4023   17.72   360017............   01.6623   19.27   360093............   01.2115   15.93   360176............   01.1864   13.50
    340069............   01.6454   17.99   340166............   01.3806   18.12   360018............   01.5828   18.43   360094............   01.2319   19.09   360177............   01.2503   15.44
    340070............   01.2856   16.22   340168............   00.4892   16.61   360019............   01.2602   18.17   360095............   01.3224   15.76   360178............   01.2477   15.16
    340071............   01.0192   13.98   340170............   01.2903  .......  360020............   01.4408   17.58   360096............   01.0972   15.60   360179............   01.3059   18.53
    340072............   01.1001   13.96   340171............   01.1886  .......  360021............   01.2308   17.68   360098............   01.3847   17.38   360180............   02.0926   22.00
    340073............   01.4140   19.33   350001............   01.1048   11.68   360024............   01.4150   17.78   360099............   00.9965   15.45   360184............   00.5635   15.74
    340075............   01.2118   15.40   350002............   01.7422   16.34   360025............   01.1647   16.65   360100............   01.3185   15.79   360185............   01.2250   16.35
    340080............   01.1487   10.79   350003............   01.1706   15.20   360026............   01.1441   15.74   360101............   01.7121   19.44   360186............   01.2001   15.60
    340084............   01.0637   13.21   350004............   01.9130   17.61   360027............   01.5510   18.78   360102............   01.2239   18.95   360187............   01.2755   15.63
    340085............   01.2350   14.60   350005............   01.1536   11.38   360028............   01.3557   15.35   360103............   01.3601   19.18   360188............   01.0228   14.47
    340087............   01.2050   16.57   350006............   01.3190   15.87   360029............   01.1328   15.69   360104............   01.2382   18.94   360189............   01.0674   14.86
    340088............   01.1530   16.20   350007............   00.9819   11.64   360030............   01.1077   14.24   360106............   01.0728   14.17   360192............   01.3026   18.10
    340089............   00.9587   11.53   350008............   01.0282   17.11   360031............   01.2692   14.01   360107............   01.2622   15.52   360193............   01.2990   14.39
    340090............   01.1072   15.15   350009............   01.1700   15.04   360032............   01.1041   15.63   360108............   01.0507   14.22   360194............   01.1138   15.67
    340091............   01.6938   18.09   350010............   01.0948   11.48   360034............   01.2332   12.05   360109............   01.1010   16.95   360195............   01.1665   16.12
    340093............   01.0960   12.41   350011............   01.8078   16.90   360035............   01.5032   19.25   360112............   01.7037   21.03   360197............   01.1624   16.55
    340094............   01.2541   16.46   350012............   01.0559   11.94   360036............   01.1697   17.01   360113............   01.3399   17.68   360200............   01.0671   12.61
    340096............   01.2466   15.59   350013............   01.1172   14.23   360037............   02.0688   19.75   360114............   01.1335   15.45   360203............   01.1252   15.23
    340097............   01.1638   14.13   350014............   01.0793   10.84   360038............   01.5302   16.88   360115............   01.2330   18.39   360204............   01.2108   15.84
    340098............   01.6534   17.84   350015............   01.5962   15.49   360039............   01.2972   15.46   360116............   01.0463   15.21   360210............   01.1859   18.60
    340099............   01.1570   13.04   350016............   01.0047   10.29   360040............   01.2865   17.57   360118............   01.3302   16.33   360211............   01.1862   17.02
    340100............   00.9781  .......  350017............   01.3945   14.02   360041............   01.3229   17.13   360119............   01.2505   16.21   360212............   01.4129   18.54
    340101............   00.9994   11.37   350018............   01.1037   10.15   360042............   01.1307   15.94   360120............   00.6082  .......  360213............   01.1319   15.72
    340104............   00.9394   10.52   350019............   01.6020   17.70   360044............   01.0998   15.06   360121............   01.2473   16.95   360218............   01.2494   15.77
    340105............   01.3234   17.43   350020............   01.3474   15.80   360045............   01.5166   19.48   360122............   01.3128   17.15   360230............   01.2932   19.39
    340106............   01.0977   16.14   350021............   01.0671   10.47   360046............   01.0676   17.35   360123............   01.2101   17.96   360231............   01.0985   12.30
    340107............   01.2666   15.88   350023............   00.8750   14.45   360047............   01.1655   13.68   360124............   01.2525   16.62   360232............   01.2411   20.25
    340109............   01.3020   15.08   350024............   01.0840   12.46   360048............   01.7585   20.91   360125............   01.0866   15.71   360234............   01.3135   17.37
    340111............   01.2307   13.16   350025............   01.0046   13.17   360049............   01.3468   17.28   360126............   01.2385   18.24   360236............   01.1914   16.82
    340112............   01.0315   12.98   350027............   00.9939   13.76   360050............   01.0922   11.62   360127............   01.0931   15.24   360238............   01.0788   12.57
    340113............   01.9539   19.22   350029............   00.9491   10.79   360051............   01.4681   19.97   360128............   01.1129   13.39   360239............   01.1676   18.44
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
                                                                                                                                                                                                    
    
    [[Page 45878]]
                                                                                              Page 12 of 16                                                                                         
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    360240............   00.4529   09.64   370085............   00.7965   12.79   380013............   01.1950   19.76   390016............   01.1958   15.75   390098............   01.7221   19.80
    360241............   00.5971   16.19   370086............   01.1603   09.31   380014............   01.3873   18.00   390017............   01.1833   13.74   390100............   01.6581   18.56
    360242............   01.6504  .......  370089............   01.2840   11.32   380017............   01.7679   21.74   390018............   01.1902   18.44   390101............   01.2352   15.40
    360243............   00.8333   15.66   370091............   01.6606   15.44   380018............   01.7785   18.54   390019............   01.1196   15.02   390102............   01.3553   19.54
    360244............   00.8182   14.72   370092............   01.0516   11.97   380019............   01.1920   17.57   390022............   01.3562   20.09   390103............   01.0890   16.83
    360245............   00.8606   14.97   370093............   01.8102   18.31   380020............   01.4631   19.42   390023............   01.2620   20.25   390104............   01.1238   13.92
    360246............   00.8831  .......  370094............   01.3503   16.33   380021............   01.2003   19.11   390024............   00.7630   21.76   390106............   00.9494   16.62
    370001............   01.7432   18.38   370095............   00.9025   10.78   380022............   01.1792   17.88   390025............   00.7561   15.82   390107............   01.2140   17.78
    370002............   01.2128   13.52   370097............   01.3556   18.32   380023............   01.2933   16.49   390026............   01.2627   20.06   390108............   01.3539   17.21
    370004............   01.3050   13.98   370099............   01.1988   13.57   380025............   01.2496   21.04   390027............   01.9362   22.10   390109............   01.1417   13.32
    370005............   01.0163   11.81   370100............   00.9930   10.79   380026............   01.3246   16.19   390028............   01.7661   18.59   390110............   01.5526   18.76
    370006............   01.1880   14.35   370103............   00.9353   11.13   380027............   01.2259   18.77   390029............   01.7547   17.52   390111............   01.7889   26.50
    370007............   01.1282   13.12   370105............   01.9314   16.18   380029............   01.1923   15.70   390030............   01.2137   15.42   390112............   01.2051   12.38
    370008............   01.4032   14.97   370106............   01.4815   16.09   380031............   01.0018   14.64   390031............   01.1392   17.02   390113............   01.2139   14.98
    370011............   01.0534   13.17   370108............   01.0799   10.32   380033............   01.6739   21.91   390032............   01.2170   17.70   390114............   01.0997   20.24
    370012............   00.9141   11.46   370112............   01.0585   11.98   380035............   01.3441   18.88   390035............   01.2980   17.23   390115............   01.3237   20.80
    370013............   01.7263   17.86   370113............   01.1333   13.21   380036............   01.0279   16.34   390036............   01.2563   16.92   390116............   01.1823   19.21
    370014............   01.2868   17.05   370114............   01.6294   14.92   380037............   01.2562   19.57   390037............   01.2991   17.90   390117............   01.1278   15.07
    370015............   01.2342   13.90   370121............   01.2113   13.37   380038............   01.3261   20.34   390039............   01.0821   15.36   390118............   01.2364   15.74
    370016............   01.3725   15.42   370122............   01.1492   09.31   380039............   01.2600   20.17   390040............   00.9405   12.87   390119............   01.3644   17.02
    370017............   01.1287   10.87   370123............   01.2248   13.70   380040............   01.3376   18.06   390041............   01.2776   17.41   390121............   01.3191   17.22
    370018............   01.2937   16.87   370125............   00.9676   11.42   380042............   01.1747   21.92   390042............   01.3876   20.08   390122............   01.0374   15.47
    370019............   01.3530   11.35   370126............   01.1557   09.48   380047............   01.6487   19.29   390043............   01.1087   14.27   390123............   01.2533   19.42
    370020............   01.3032   11.92   370131............   00.9570   12.42   380048............   01.0224   13.14   390044............   01.5701   18.24   390125............   01.2123   15.75
    370021............   00.9264   10.11   370133............   01.0789   09.65   380050............   01.3167   16.38   390045............   01.5158   16.69   390126............   01.2807   20.35
    370022............   01.3140   15.01   370138............   01.0804   15.13   380051............   01.5315   18.38   390046............   01.4888   17.71   390127............   01.1718   19.86
    370023............   01.3457   14.52   370139............   00.9646   09.78   380052............   01.1595   15.90   390047............   01.6328   22.95   390128............   01.1729   17.17
    370025............   01.3493   14.57   370140............   00.9612   11.36   380055............   01.1802   23.98   390048............   01.1701   15.25   390130............   01.1049   17.23
    370026............   01.4655   15.54   370141............   01.3618   19.76   380056............   01.0308   15.19   390049............   01.5133   19.09   390131............   01.2505   15.35
    370028............   01.8025   17.10   370146............   01.1923   10.18   380060............   01.4607   21.21   390050............   02.0254   20.30   390132............   01.2306   18.08
    370029............   01.2379   11.52   370148............   01.4229   17.76   380061............   01.5092   21.74   390051............   02.1917   23.77   390133............   01.7637   20.23
    370030............   01.2303   11.25   370149............   01.1566   14.18   380062............   01.1219   13.68   390052............   01.1552   15.52   390135............   01.2401   19.41
    370032............   01.4686   14.67   370153............   01.0837   14.50   380063............   01.2709   22.15   390054............   01.1515   13.42   390136............   01.2190   15.59
    370033............   01.1587   10.89   370154............   01.0306   12.64   380064............   01.3409   18.16   390055............   01.7095   20.40   390137............   01.1696   17.43
    370034............   01.2251   12.87   370156............   01.1282   12.99   380065............   00.9805   17.74   390056............   01.1719   15.60   390138............   01.2397   16.41
    370035............   01.5390   14.70   370158............   01.0248   12.52   380066............   01.3503   17.09   390057............   01.2912   18.37   390139............   01.4632   21.08
    370036............   01.0287   09.08   370159............   01.3498   13.48   380068............   01.0131   18.61   390058............   01.2889   16.75   390142............   01.6767   21.77
    370037............   01.5897   16.07   370163............   00.9111   10.33   380069............   01.1321   17.14   390060............   01.1142   15.65   390145............   01.3345   18.30
    370038............   00.9678   10.86   370165............   01.1694   11.10   380070............   01.3005   19.47   390061............   01.5073   20.59   390146............   01.2340   15.37
    370039............   01.2989   15.91   370166............   01.1522   16.13   380071............   01.2980   19.74   390062............   01.1205   14.75   390147............   01.2315   18.19
    370040............   01.0664   11.17   370169............   01.0487   10.14   380072............   00.9304   14.25   390063............   01.7188   18.14   390148............   01.1846   17.53
    370041............   00.9314   13.21   370170............   00.9331  .......  380075............   01.4127   19.35   390064............   01.5206   15.84   390149............   01.2472   19.33
    370042............   00.8323   11.93   370171............   01.0282  .......  380078............   01.0299   16.80   390065............   01.2194   17.97   390150............   01.1446   17.62
    370043............   01.0171   11.72   370172............   00.8595  .......  380081............   01.1232   16.57   390066............   01.3031   16.55   390151............   01.2996   17.35
    370045............   01.0563   10.29   370173............   01.2978  .......  380082............   01.3175   20.54   390067............   01.7360   18.65   390152............   01.0265   15.13
    370046............   00.9411   11.89   370174............   00.6125  .......  380083............   01.3362   17.08   390068............   01.3209   17.00   390153............   01.1973   21.16
    370047............   01.3164   13.84   370176............   01.1825   16.22   380084............   01.2653   18.54   390069............   01.2822   18.31   390154............   01.1643   13.88
    370048............   01.1517   12.59   370177............   00.9262   10.16   380087............   01.0074   13.59   390070............   01.3131   19.08   390155............   01.3050   17.65
    370049............   01.3213   15.14   370178............   00.9819   10.53   380088............   00.9674   15.05   390071............   01.0983   13.09   390156............   01.3758   21.65
    370051............   00.9489   13.39   370179............   00.8489   13.14   380089............   01.2979   20.02   390072............   01.0753   15.84   390157............   01.2559   16.75
    370054............   01.2306   14.66   370180............   00.9753  .......  380090............   01.3074   21.62   390073............   01.5189   17.44   390158............   01.4547   18.63
    370056............   01.5068   15.57   370183............   01.2609   12.03   380091............   01.1984   23.39   390074............   01.2306   16.29   390159............   01.2909   19.66
    370057............   01.1350   14.30   370186............   00.9700   10.36   380897............   04.7366  .......  390075............   01.3391   15.51   390160............   01.2003   17.44
    370059............   01.1386   12.80   370189............   01.0967   11.81   390001............   01.2957   17.00   390076............   01.2601   20.04   390161............   01.0387   13.71
    370060............   01.0833   14.13   370190............   01.5659   16.45   390002............   01.3114   17.45   390078............   01.0443   14.92   390162............   01.3081   19.03
    370063............   01.1256   10.89   370192............   01.0518  .......  390003............   01.2089   16.14   390079............   01.6752   15.99   390163............   01.1829   16.45
    370064............   00.9724   09.12   370193............   01.5813  .......  390004............   01.3574   16.37   390080............   01.2217   17.76   390164............   01.8500   18.93
    370065............   01.0831   14.46   380001............   01.2941   18.46   390005............   01.0234   13.53   390081............   01.3066   20.10   390166............   01.1614   16.81
    370071............   01.0248   10.53   380002............   01.2496   17.64   390006............   01.7687   17.25   390083............   01.1851   20.41   390167............   01.2638   20.38
    370072............   00.9459   11.97   380003............   01.1800   17.46   390007............   01.1626   20.95   390084............   01.2284   14.79   390168............   01.1943   17.18
    370076............   01.2870   11.71   380004............   01.6210   22.25   390008............   01.0940   15.45   390086............   01.0903   15.51   390169............   01.2157   17.22
    370077............   01.3610   15.34   380005............   01.1604   19.10   390009............   01.6057   17.97   390088............   01.3463   19.25   390170............   01.8561   23.09
    370078............   01.6915   14.53   380006............   01.3742   16.46   390010............   01.2048   16.98   390090............   01.7218   19.42   390173............   01.2147   17.58
    370079............   00.9190   11.99   380007............   01.6261   20.55   390011............   01.1973   16.82   390091............   01.1478   18.41   390174............   01.7096   23.29
    370080............   00.9794   11.31   380008............   01.0644   16.93   390012............   01.2118   18.59   390093............   01.1830   14.61   390176............   01.1355   16.28
    370082............   00.9188   10.54   380009............   01.8099   21.55   390013............   01.2043   15.89   390095............   01.1731   14.43   390178............   01.2800   17.36
    370083............   01.0320   10.95   380010............   01.1001   19.18   390014............   01.5661   15.29   390096............   01.2822   16.50   390179............   01.2574   20.80
    370084............   01.0538   08.49   380011............   01.1580   14.12   390015............   01.1363   12.32   390097............   01.3255   20.69   390180............   01.5909   22.45
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    390181............   01.0567   16.51   400009............   00.9585   07.08   420018............   01.6744   17.26   430015............   01.1953   13.84   440029............   01.3354   15.62
    390183............   01.1579   17.62   400010............   00.9770   10.23   420019............   01.2114   14.47   430016............   01.7002   17.29   440030............   01.1477   12.68
    390184............   01.1162   17.14   400011............   01.0729   06.77   420020............   01.2550   16.07   430018............   00.9508   13.20   440031............   00.9745   11.83
    390185............   01.1728   15.64   400012............   01.1136   07.24   420022............   00.9393   15.80   430022............   00.9341   10.22   440032............   01.0065   12.50
    390186............   01.1975   12.18   400013............   01.1634   09.09   420023............   01.3918   18.61   430023............   00.9430   09.74   440033............   01.1147   14.66
    390189............   01.0744   16.34   400014............   01.4222   07.31   420026............   01.8511   17.80   430024............   00.8545   11.51   440034............   01.4727   17.16
    390191............   01.0451   14.03   400015............   01.3962   10.35   420027............   01.3601   14.55   430025............   00.9418   10.29   440035............   01.2814   14.81
    390192............   01.1105   16.42   400016............   01.3551   09.54   420028............   01.0490   14.33   430026............   01.0159   10.38   440039............   01.5604   16.47
    390193............   01.1499   15.76   400017............   01.1630   06.80   420029............   01.7205   14.74   430027............   01.7393   16.35   440040............   00.9573   11.47
    390194............   01.0783   18.49   400018............   01.2999   08.93   420030............   01.2787   17.01   430028............   01.0746   12.21   440041............   01.0356   12.55
    390195............   01.8149   21.40   400019............   01.6166   09.45   420031............   01.0044   10.97   430029............   01.0015   12.56   440046............   01.3480   14.06
    390196............   01.3571  .......  400021............   01.3458   07.96   420033............   01.2457   19.01   430031............   00.9411   10.95   440047............   00.9832   12.05
    390197............   01.2759   18.62   400022............   01.3107   09.75   420035............   00.8101   11.93   430033............   01.0803   11.10   440048............   01.7516   15.85
    390198............   01.2288   14.41   400024............   00.9882   07.75   420036............   01.2244   15.01   430034............   01.0196   10.93   440049............   01.6359   15.45
    390199............   01.2242   14.46   400026............   00.9404   07.20   420037............   01.3233   19.81   430036............   01.0422   09.44   440050............   01.2307   13.86
    390200............   01.0074   12.74   400027............   01.1225   06.87   420038............   01.2403   14.65   430037............   00.9525   12.46   440051............   00.8902   13.44
    390201............   01.2922   18.28   400028............   01.1413   07.08   420039............   01.2260   13.96   430038............   01.0411   10.31   440052............   01.2700   17.91
    390203............   01.3020   18.63   400029............   01.1113   07.59   420040............   01.2120   14.36   430039............   00.9738   10.63   440053............   01.2982   16.09
    390204............   01.2596   18.31   400031............   01.0365   07.37   420042............   01.1943   13.01   430040............   00.9048   11.88   440054............   01.2513   13.93
    390205............   01.2210   22.42   400032............   01.1747   07.75   420043............   01.1777   16.87   430041............   00.9680   11.58   440056............   01.0740   10.33
    390206............   01.3668   19.80   400044............   01.1248   09.07   420044............   01.1942   15.94   430042............   01.0001   10.28   440057............   01.0255   10.50
    390209............   01.0381   14.45   400048............   01.0912   08.01   420048............   01.1167   13.96   430043............   01.1190   12.47   440058............   01.3908   18.36
    390211............   01.2078   16.56   400061............   01.4735   12.57   420049............   01.1468   14.52   430044............   00.9331   12.62   440059............   01.1604   13.84
    390213............   01.0973   14.10   400079............   01.2413   09.48   420051............   01.5754   16.86   430047............   01.1161   11.03   440060............   01.1519   13.95
    390215............   01.1567   20.50   400087............   01.3227   08.37   420053............   01.0676   14.06   430048............   01.2139   15.58   440061............   01.1571   14.49
    390217............   01.2291   17.56   400094............   01.0188   07.41   420054............   01.3914   16.63   430049............   00.9343   11.35   440063............   01.5537   17.05
    390219............   01.2478   15.84   400098............   01.2470   07.68   420055............   01.1239   12.86   430051............   00.9707   11.88   440064............   01.1859   15.87
    390220............   01.1967   18.50   400102............   01.2005   07.47   420056............   01.0941   13.40   430054............   00.9389   14.12   440065............   01.2217   14.09
    390222............   01.2922   19.29   400103............   01.4900   10.21   420057............   01.2682   12.58   430056............   00.8709   08.95   440067............   01.1662   15.85
    390223............   01.6287   22.05   400104............   01.2323   09.13   420059............   00.9558   13.16   430057............   00.9123   10.35   440068............   01.1840   16.22
    390224............   00.9142   13.29   400105............   01.2642   07.81   420061............   01.2214   15.80   430060............   00.9948   08.97   440069............   01.0893   13.34
    390225............   01.2212   15.41   400106............   01.2411   07.28   420062............   01.4737   15.07   430062............   00.8308   10.10   440070............   01.1199   13.07
    390226............   01.7113   22.03   400109............   01.5822   08.85   420064............   01.1420   12.36   430064............   01.1525   11.35   440071............   01.4836   15.35
    390228............   01.1936   17.98   400110............   01.0953   08.90   420065............   01.3499   16.17   430065............   01.0287   09.01   440072............   01.4293   13.45
    390231............   01.3451   20.59   400111............   01.1494   07.90   420066............   00.9394   13.87   430066............   00.9826   10.61   440073............   01.2767   16.09
    390233............   01.2767   17.67   400112............   01.2510   07.00   420067............   01.1965   15.84   430073............   01.1944   13.35   440078............   00.9790   12.17
    390235............   01.7664   23.05   400113............   01.1838   07.07   420068............   01.2582   15.36   430076............   00.9618   08.60   440081............   01.1398   14.51
    390236............   01.1535   16.00   400114............   01.0673   07.53   420069............   01.0854   13.87   430077............   01.5420   15.65   440082............   01.8991   19.65
    390237............   01.5568   18.82   400115............   01.0127   08.28   420070............   01.2534   15.79   430079............   00.9545   10.60   440083............   01.1648   10.26
    390238............   01.0894   16.51   400117............   01.2052   08.75   420071............   01.3360   15.95   430080............   00.8917   08.87   440084............   01.1705   11.11
    390242............   01.3227   18.78   400118............   01.1427   07.88   420072............   01.0021   09.92   430081............   00.9763  .......  440087............   00.9796   11.67
    390244............   00.9153   12.37   400120............   01.2844   08.63   420073............   01.2975   17.80   430082............   00.7899  .......  440090............   00.9808   13.53
    390245............   01.3582   20.14   400121............   00.8973   07.05   420074............   00.9444   09.76   430083............   00.8400  .......  440091............   01.5310   16.83
    390246............   01.1577   15.60   400122............   00.9790   06.35   420075............   01.0336   13.97   430084............   00.8592  .......  440095............   01.2178   19.62
    390247............   01.0044   16.83   400123............   01.1528   08.39   420076............   01.1230   20.04   430085............   00.8528  .......  440100............   01.0220   12.92
    390249............   00.9992   11.06   400124............   02.7935  .......  420078............   01.7109   18.68   430087............   00.9462   09.28   440102............   01.0894   12.32
    390256............   01.6957   20.51   410001............   01.3181   21.94   420079............   01.5207   17.23   440001............   01.1438   11.96   440103............   01.2356   16.26
    390258............   01.3229   19.30   410004............   01.3535   20.28   420080............   01.2176   17.43   440002............   01.5819   16.12   440104............   01.5496   17.72
    390260............   01.2454   17.74   410005............   01.3614   20.46   420081............   00.7967   18.94   440003............   01.0982   14.90   440105............   01.4359   16.93
    390262............   01.9001   17.06   410006............   01.2126   21.65   420082............   01.3460   18.34   440006............   01.4833   16.87   440109............   01.0518   12.33
    390263............   01.4742   18.55   410007............   01.6863   19.83   420083............   01.2177   17.28   440007............   01.0100   11.40   440110............   00.9963   14.21
    390265............   01.3075   17.62   410008............   01.1749   20.30   420084............   00.9239   12.71   440008............   01.0294   14.41   440111............   01.3776   18.41
    390266............   01.1996   15.69   410009............   01.3416   20.77   420085............   01.2801   17.16   440009............   01.1191   12.87   440114............   01.0168   11.73
    390267............   01.2662   19.03   410010............   01.0352   24.28   420086............   01.4018   16.97   440010............   00.9290   10.52   440115............   01.0917   13.98
    390268............   01.3883   19.24   410011............   01.2176   21.48   420087............   01.6123   15.64   440011............   01.2479   15.18   440120............   01.4814   15.84
    390270............   01.3047   16.33   410012............   01.7204   18.98   420088............   01.1687   16.05   440012............   01.4314   16.29   440121............   01.9731  ......
    390272............   00.5347   20.70   410013............   01.2564   24.87   420089............   01.2401   19.72   440014............   00.9936   10.17   440125............   01.4135   16.36
    390277............   00.5685   19.80   420002............   01.3076   20.09   420091............   01.1896   15.91   440015............   01.5414   15.38   440130............   01.1216   13.51
    390278............   00.8123   16.44   420004............   01.8572   17.72   430004............   01.0162   14.56   440016............   00.9709   10.91   440131............   01.0820   13.17
    390279............   01.1355  .......  420005............   01.1291   14.18   430005............   01.2522   13.79   440017............   01.5885   17.33   440132............   01.1216   13.29
    390280............   00.8687  .......  420006............   01.3106   15.86   430007............   01.1290   11.45   440018............   01.4879   15.33   440133............   01.5290   17.70
    400001............   01.2171   08.19   420007............   01.5047   15.99   430008............   01.1381   13.47   440019............   01.5921   18.39   440135............   01.3506   19.68
    400002............   01.4419   10.77   420009............   01.2531   15.89   430009............   01.0883   10.81   440020............   01.2181   16.73   440137............   00.9636   11.88
    400003............   01.2195   08.34   420010............   01.0854   13.22   430010............   01.1134   08.78   440022............   01.2003   12.79   440141............   01.1777   12.78
    400004............   01.2103   08.02   420011............   01.0971   14.00   430011............   01.3615   14.10   440023............   01.0157   11.52   440142............   01.0517   10.83
    400005............   01.0871   06.34   420014............   01.0714   13.05   430012............   01.3050   14.13   440024............   01.3814   16.35   440143............   01.1010   16.30
    400006............   01.2516   06.86   420015............   01.3661   16.20   430013............   01.1996   15.09   440025............   01.0818   12.19   440144............   01.2163   17.90
    400007............   01.1884   07.19   420016............   01.1283   13.46   430014............   01.2671   16.05   440026............   00.9153   15.63   440145............   01.0539   13.40
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
                                                                                                                                                                                                    
    
    [[Page 45880]]
                                                                                              Page 14 of 16                                                                                         
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                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    440146............   01.2978   12.03   450051............   01.5096   18.04   450153............   01.5438   17.33   450292............   01.2600   17.64   450465............   01.1813   11.39
    440148............   01.1549   15.81   450052............   01.0230   13.39   450154............   01.1285   10.93   450293............   01.0277   12.90   450467............   00.9691   13.77
    440149............   01.2150   15.70   450053............   01.0703   15.65   450155............   01.0107   10.09   450296............   01.3571   16.97   450469............   01.3473   15.87
    440150............   01.2583   18.75   450054............   01.7336   21.09   450157............   01.0311   14.31   450297............   00.8956   13.66   450473............   01.0491   15.90
    440151............   01.4156   15.89   450055............   01.1093   11.71   450160............   00.9356   17.51   450299............   01.4096   17.66   450475............   01.1874   14.99
    440152............   01.6578   17.32   450056............   01.6499   17.62   450162............   01.1964   17.13   450303............   00.9720   10.74   450484............   01.5173   17.72
    440153............   01.2633   14.46   450058............   01.5208   14.43   450163............   01.1423   16.18   450306............   01.0838   11.84   450488............   01.2219   19.43
    440156............   01.5231   18.76   450059............   01.2787   12.62   450164............   01.1333   12.97   450307............   00.9772   13.59   450489............   00.9989   14.86
    440157............   01.0053   13.12   450060............   01.3766   19.96   450165............   01.0054   14.05   450309............   01.0505   11.15   450497............   01.1598   12.54
    440159............   01.2421  .......  450063............   01.0234   11.54   450166............   00.9211   11.39   450315............   01.2119   19.84   450498............   01.1296   13.21
    440161............   01.5951   20.02   450064............   01.5106   15.53   450169............   00.8607   14.45   450320............   01.3603   17.73   450508............   01.5551   15.68
    440166............   01.4014   17.40   450065............   01.1189   13.86   450170............   00.9895   12.30   450321............   00.9793   10.98   450514............   01.1878   16.22
    440168............   01.0191   13.32   450068............   01.7833   17.27   450176............   01.2578   14.33   450322............   00.8870   15.26   450517............   01.0115   11.00
    440173............   01.4900   16.51   450070............   01.1662   13.40   450177............   01.1371   12.72   450324............   01.5522   15.53   450518............   01.5165   15.17
    440174............   00.9730   14.29   450072............   01.2259   17.28   450178............   01.0836   15.65   450325............   01.1881   09.56   450523............   01.5622   20.04
    440175............   01.2420   17.24   450073............   01.1191   10.92   450181............   00.9133   15.39   450327............   00.9869   10.00   450530............   01.2882   19.74
    440176............   01.3017   17.31   450074............   00.8492   16.51   450184............   01.5011   19.61   450330............   01.1758   14.47   450534............   00.9344   17.01
    440178............   01.2129   18.01   450076............   01.5227  .......  450185............   01.1232   09.25   450334............   01.0079   11.79   450535............   01.1966   16.74
    440180............   01.1306   16.13   450078............   00.9592   10.69   450187............   01.3348   15.83   450337............   01.2726   14.42   450537............   01.3800   18.07
    440181............   01.0368   12.30   450079............   01.4470   19.51   450188............   00.9808   12.13   450340............   01.3364   14.79   450538............   01.2233   18.62
    440182............   00.9087   14.69   450080............   01.2576   14.43   450190............   01.1818   17.82   450341............   00.9763   16.17   450539............   01.2718   14.11
    440183............   01.4914   15.92   450081............   01.0910   12.40   450191............   01.1079   15.11   450346............   01.3821   15.86   450544............   01.4394   19.57
    440184............   01.4104   18.05   450082............   00.9799   14.21   450192............   01.0655   15.77   450347............   01.1385   14.95   450545............   01.1893   16.75
    440185............   00.9987   17.19   450083............   01.6927   16.91   450193............   01.8455   20.78   450348............   00.9936   10.99   450546............   01.3009   15.56
    440186............   01.2154   16.59   450085............   01.1191   13.44   450194............   01.2628   16.17   450349............   01.0976   25.54   450547............   01.1799   13.04
    440187............   01.2318   16.58   450087............   01.4765   20.99   450195............   01.1649   17.01   450351............   01.2378   20.82   450550............   00.9777   17.28
    440189............   01.4607   16.08   450090............   01.0814   11.92   450196............   01.4781   13.63   450352............   01.1492   15.51   450551............   01.1352   12.64
    440192............   01.1078   14.00   450092............   01.3766   12.51   450197............   01.1513   18.21   450353............   01.2989   17.12   450558............   01.7485   18.18
    440193............   01.3105   17.42   450094............   01.2950   17.42   450200............   01.4362   15.19   450355............   01.1550   11.43   450559............   00.8703   10.67
    440194............   01.3026   17.11   450096............   01.5012   18.60   450201............   00.9844   14.55   450358............   02.0824   19.02   450561............   01.5458   16.77
    440196............   00.9296   14.68   450097............   01.4119   17.99   450203............   01.2264   15.81   450362............   01.0825   11.91   450563............   01.2669   21.61
    440197............   01.3620   19.48   450098............   01.2552   13.96   450209............   01.5849   16.60   450366............   01.6443   18.85   450565............   01.2714   14.73
    440200............   01.2074   16.77   450099............   01.3037   16.51   450210............   01.1197   12.40   450369............   01.1403   10.97   450570............   01.0643   12.15
    440203............   00.9627   11.16   450101............   01.4061   14.92   450211............   01.3930   14.50   450370............   01.2110   11.99   450571............   01.4160   14.67
    440205............   01.3025   14.19   450102............   01.6381   17.29   450213............   01.5335   15.73   450371............   01.1823   10.92   450573............   00.9645   13.22
    440206............   01.0764   13.22   450104............   01.2372   13.07   450214............   01.3888   17.29   450372............   01.3285   22.86   450574............   00.9827   13.75
    450002............   01.4686   18.34   450107............   01.5476   18.16   450217............   01.1331   11.65   450373............   01.2235   13.96   450575............   00.9515   14.24
    450004............   01.1281   12.11   450108............   01.0272   12.16   450219............   01.1040   13.42   450374............   00.9039   11.71   450578............   01.0238   14.27
    450005............   01.0892   14.37   450109............   01.0396   16.18   450221............   00.9863   13.35   450376............   01.4734   14.76   450580............   01.1179   12.70
    450007............   01.3197   13.04   450110............   01.2341   14.61   450222............   01.7067   17.58   450378............   01.0687   18.25   450583............   00.9814   12.02
    450008............   01.4103   14.15   450111............   01.1514   18.57   450224............   01.3981   15.77   450379............   01.5572   20.78   450584............   01.2182   12.25
    450010............   01.3556   14.39   450112............   01.3449   12.60   450229............   01.5394   15.30   450381............   00.9491   12.16   450586............   01.0168   12.00
    450011............   01.5223   16.73   450113............   01.2319   14.59   450231............   01.5327   17.95   450388............   01.7306   17.23   450587............   01.2802   15.54
    450014............   01.1081   13.51   450118............   01.5353   15.96   450234............   01.0317   11.57   450389............   01.2099   17.39   450591............   01.1080   15.20
    450015............   01.6382   14.59   450119............   01.2988   15.78   450235............   00.9859   12.40   450393............   01.2470   21.55   450596............   01.2924   16.49
    450016............   01.5859   18.64   450121............   01.5746   18.89   450236............   01.0705   13.45   450395............   01.0148   14.21   450597............   01.0598   15.32
    450018............   01.4858   19.82   450123............   01.1617   16.60   450237............   01.5886   15.96   450399............   01.0278   12.52   450603............   00.8258   11.74
    450020............   01.0466   14.94   450124............   01.4856   18.15   450239............   01.2557   12.21   450400............   01.1214   13.83   450604............   01.3711   12.85
    450021............   01.8443   19.58   450126............   01.3582   16.49   450241............   00.9480   13.71   450403............   01.3371   19.91   450605............   01.2926   18.17
    450023............   01.4041   15.21   450128............   01.2520   13.45   450243............   00.8275   11.52   450410............   00.9614   16.52   450609............   00.8993   11.00
    450024............   01.3873   14.47   450130............   01.4833   16.85   450246............   01.0125   10.82   450411............   00.9623   11.26   450610............   01.4896   17.33
    450025............   01.4725   15.12   450131............   01.3207   17.06   450249............   01.0282   10.84   450417............   01.0110   13.74   450614............   01.0715   12.13
    450028............   01.5375   17.21   450132............   01.5960   15.46   450250............   01.0189   12.12   450418............   01.3733   16.29   450615............   00.9254   11.97
    450029............   01.4012   11.81   450133............   01.6059   17.50   450253............   01.2030   12.54   450419............   01.2552   20.88   450617............   01.3368   18.17
    450031............   01.6419   18.78   450135............   01.7237   19.83   450258............   01.0849   10.82   450422............   00.8158   23.68   450620............   01.0358   13.85
    450032............   01.2840   13.14   450137............   01.4452   21.51   450259............   01.2156   17.92   450423............   01.4053   22.35   450623............   01.2321   17.54
    450033............   01.5984   16.13   450140............   01.0268   12.94   450264............   00.8617   09.77   450424............   01.2098   16.01   450626............   01.0232   13.74
    450034............   01.5650   16.34   450142............   01.4624   19.12   450269............   01.0790   13.32   450429............   01.0802   12.22   450628............   00.8951   11.43
    450035............   01.4950   19.26   450143............   01.1229   11.76   450270............   01.1067   10.66   450431............   01.5647   17.87   450630............   01.5789   22.91
    450037............   01.5437   16.93   450144............   01.1095   15.44   450271............   01.1987   14.76   450438............   01.1417   13.61   450631............   01.7397   18.06
    450039............   01.3673   17.94   450145............   00.8879   12.61   450272............   01.2222   15.51   450446............   00.8057   13.57   450632............   00.9909   10.90
    450040............   01.6012   16.80   450146............   00.9990   16.15   450276............   01.1137   11.27   450447............   01.3466   17.04   450633............   01.5675   17.65
    450042............   01.6252   15.24   450147............   01.3675   17.10   450278............   00.8682   11.11   450450............   01.1208   13.64   450634............   01.5775   20.13
    450043............   01.4123   17.52   450148............   01.2850   18.70   450280............   01.3411   19.11   450451............   01.0779   16.31   450637............   01.3732   17.24
    450044............   01.5738   19.16   450149............   01.4000   18.97   450283............   01.0279   13.57   450457............   01.7418   16.53   450638............   01.5845   21.91
    450046............   01.3278   16.83   450150............   00.9221   12.55   450286............   01.0489   13.54   450460............   00.9999   11.81   450639............   01.4385   23.61
    450047............   01.1284   14.89   450151............   01.1844   12.12   450288............   01.2387   13.72   450462............   01.8365   18.04   450641............   00.9502   11.53
    450050............   00.9784   13.70   450152............   01.2996   14.41   450289............   01.4874   16.97   450464............   01.0067   13.17   450643............   01.2894   16.86
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
                                                                                                                                                                                                    
    
    [[Page 45881]]
                                                                                              Page 15 of 16                                                                                         
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    450644............   01.6088   21.23   450750............   01.0246   11.13   460041............   01.2248   18.67   490057............   01.4890   16.35   500024............   01.6083   21.17
    450646............   01.5906   18.64   450751............   01.3272   21.86   460042............   01.4963   15.69   490059............   01.5998   17.16   500025............   01.8684   22.05
    450647............   01.9884   22.49   450754............   00.9098   11.72   460043............   01.3741   19.57   490060............   01.0575   17.44   500026............   01.4016   21.54
    450648............   01.1125   12.96   450755............   01.2089   13.35   460044............   01.1648   18.10   490063............   01.6367   22.05   500027............   01.5390   21.51
    450649............   01.0969   12.57   450757............   00.9885   12.42   460046............   00.8607   12.57   490066............   01.2549   17.26   500028............   01.1284   14.22
    450651............   01.7432   22.45   450758............   01.8822   20.89   460047............   01.7937   18.94   490067............   01.2556   14.34   500029............   00.9587   12.95
    450652............   00.9632   12.52   450760............   01.1644   18.92   460049............   01.9333   15.66   490069............   01.4348   14.22   500030............   01.3685   24.00
    450653............   01.1757   16.49   450761............   01.0223   09.89   460050............   01.2337  .......  490071............   01.4542   17.65   500031............   01.2640   19.54
    450654............   00.9469   11.33   450763............   01.0199   15.67   460051............   01.0445  .......  490073............   01.3843   21.85   500033............   01.2449   17.29
    450656............   01.3727   15.58   450766............   02.1856   19.39   470001............   01.1934   17.49   490074............   01.2589   16.61   500036............   01.2776   18.39
    450658............   00.9981   10.98   450769............   00.9727   12.82   470003............   01.9247   17.39   490075............   01.2964   16.02   500037............   01.1897   17.16
    450659............   01.4943   19.28   450770............   01.0467   12.94   470004............   01.0722   14.19   490077............   01.2149   17.00   500039............   01.3377   19.49
    450660............   01.5981   20.17   450771............   02.0587   18.83   470005............   01.2108   18.33   490079............   01.2757   14.03   500041............   01.2747   21.21
    450661............   01.3065   18.06   450774............   00.7538   21.30   470006............   01.2015   18.12   490083............   00.7547   13.47   500042............   01.3098   20.40
    450662............   01.5933   16.63   450775............   01.2005   17.45   470008............   01.2928   16.29   490084............   01.2941   16.33   500043............   01.1372   16.16
    450665............   00.9971   11.26   450776............   00.9537   10.12   470010............   01.1493   17.20   490085............   01.1576   12.49   500044............   01.8736   19.89
    450666............   01.2396   17.31   450777............   01.0057   14.24   470011............   01.1925   18.92   490088............   01.1847   14.26   500045............   01.1212   18.22
    450668............   01.5522   18.60   450778............   01.0640   15.29   470012............   01.2697   15.64   490089............   01.1042   14.82   500048............   00.9117   15.45
    450669............   01.2481   19.18   450779............   01.3064   21.26   470013............   01.1390   18.59   490090............   01.2200   13.95   500049............   01.4899   16.56
    450670............   01.2784   16.66   450780............   00.9836   22.14   470015............   01.1457   16.60   490091............   01.2392   21.12   500050............   01.4060   19.25
    450672............   01.6395   19.60   450781............   01.3563   17.80   470018............   01.1609   17.36   490092............   01.1705   14.20   500051............   01.5384   21.26
    450673............   01.0761   11.01   450785............   00.9009  .......  470020............   00.9563   13.25   490093............   01.2825   13.84   500052............   01.2712  ......
    450674............   00.8953   21.14   450787............   01.6643  .......  470023............   01.2131   16.94   490094............   01.1699   14.92   500053............   01.2515   18.75
    450675............   01.4186   18.92   450788............   01.3734  .......  470024............   01.1176   17.30   490095............   01.3280   15.08   500054............   01.8258   19.36
    450677............   01.4547   17.98   450789............   01.5166  .......  490001............   01.0841   18.15   490097............   01.1514   13.16   500055............   01.0515   19.51
    450678............   01.6001   20.58   450790............   01.4639  .......  490002............   01.1122   13.81   490098............   01.3214   11.28   500057............   01.3245   15.53
    450681............   01.6741   16.31   450791............   01.3605  .......  490003............   00.6435   17.00   490099............   00.9238   14.45   500058............   01.4327   18.94
    450683............   01.2986   18.99   450792............   02.0245  .......  490004............   01.1979   16.16   490100............   01.3493   15.30   500059............   01.1171   19.10
    450684............   01.2701   19.08   450793............   01.7205  .......  490005............   01.5122   15.84   490101............   01.1264   22.88   500060............   01.4666   20.13
    450686............   01.4767   14.11   450794............   01.5005  .......  490006............   01.1536   11.33   490104............   00.8991   13.15   500061............   01.0210   18.41
    450688............   01.3862   18.04   450795............   00.7983  .......  490007............   02.0030   16.84   490105............   00.7117   14.49   500062............   01.1748   16.66
    450690............   01.4546   20.68   450797............   00.8211  .......  490009............   01.7149   17.43   490106............   00.8530   14.71   500064............   01.4821   20.82
    450691............   01.1341   17.17   450798............   00.6737  .......  490010............   01.1081   16.48   490107............   01.2127   21.41   500065............   01.3304   16.86
    450694............   01.3398   18.17   450799............   01.7205  .......  490011............   01.3387   16.63   490108............   00.8585  .......  500068............   00.9814   17.47
    450696............   01.4552   25.42   450897............   04.9398  .......  490012............   01.1697   15.28   490109............   00.9591   15.20   500069............   01.1385   17.48
    450697............   01.4442   16.21   460001............   01.7298   18.59   490013............   01.1924   14.26   490110............   01.2966   17.10   500071............   01.2496   18.61
    450698............   00.9526   11.08   460003............   01.5949   18.81   490014............   01.4385   20.38   490111............   01.2268   15.12   500072............   01.2221   20.50
    450700............   00.9540   12.44   460004............   01.7192   19.08   490015............   01.4857   15.02   490112............   01.6762   18.77   500073............   01.0568   15.12
    450702............   01.5786   18.31   460005............   01.5937   17.62   490017............   01.3020   16.09   490113............   01.3532   20.37   500074............   01.0883   14.41
    450703............   01.5413   19.25   460006............   01.3874   17.64   490018............   01.2041   16.62   490114............   01.1088   14.33   500075............   01.2828   19.27
    450704............   01.2670   17.67   460007............   01.3090   17.38   490019............   01.2498   14.91   490115............   01.2261   13.65   500077............   01.3492   20.78
    450705............   01.0180   17.17   460008............   01.4032   17.62   490020............   01.1735   14.05   490116............   01.2469   15.71   500079............   01.3578   19.43
    450706............   01.2046   20.86   460009............   01.6060   18.12   490021............   01.3480   16.28   490117............   01.1112   12.95   500080............   00.8344   11.39
    450709............   01.1943   20.28   460010............   02.0221   18.98   490022............   01.2783   17.26   490118............   01.7075   20.83   500084............   01.2294   20.02
    450711............   01.6186   17.54   460011............   01.4052   15.54   490023............   01.2035   16.32   490119............   01.2866   15.88   500085............   01.0260   16.17
    450712............   00.8013   13.61   460013............   01.4857   17.85   490024............   01.6911   16.18   490120............   01.3466   15.75   500086............   01.3689   17.97
    450713............   01.4662   18.26   460014............   01.0888   13.89   490027............   01.1650   12.79   490122............   01.2872   20.90   500088............   01.3266   22.26
    450715............   01.4731   18.76   460015............   01.2749   18.76   490028............   01.3394   18.38   490123............   01.1430   14.54   500089............   01.0004   13.34
    450716............   01.2218   19.00   460016............   00.9499   11.00   490030............   01.2407   11.35   490124............   01.1661   15.26   500090............   00.7866   11.74
    450717............   01.2784   21.01   460017............   01.4383   17.16   490031............   01.1795   12.64   490126............   01.2848   14.21   500092............   01.0572   15.00
    450718............   01.2203   18.08   460018............   00.9576   12.68   490032............   01.7158   17.92   490127............   01.0520   14.36   500094............   00.9085   14.32
    450723............   01.3063   18.47   460019............   01.0413   12.47   490033............   01.1833   14.44   490130............   01.2888   15.51   500096............   00.9781   17.15
    450724............   01.2219   15.86   460020............   01.0260   13.72   490035............   01.0368  .......  490131............   00.9910   14.07   500097............   01.2091   15.19
    450725............   01.1353   17.82   460021............   01.3642   18.22   490037............   01.1718   12.63   500001............   01.3060   20.75   500098............   00.9354   13.14
    450726............   00.8698   13.38   460022............   00.9921   18.32   490038............   01.1871   12.51   500002............   01.4361   17.37   500101............   00.9677   15.87
    450727............   00.9143   11.28   460023............   01.1554   19.51   490040............   01.3958   20.53   500003............   01.3129   19.31   500102............   00.9781   17.18
    450728............   00.9353   11.43   460024............   01.0223   13.10   490041............   01.2628   17.07   500005............   01.7732   21.79   500104............   01.2642   19.06
    450730............   01.3395   20.38   460025............   00.7899   13.76   490042............   01.3552   14.57   500007............   01.3550   19.61   500106............   00.9461   14.69
    450732............   01.3497   18.21   460026............   01.0403   16.26   490043............   01.2576   19.59   500008............   01.8774   22.18   500107............   01.1150   14.46
    450733............   01.3875   18.33   460027............   00.9741   17.65   490044............   01.3074   16.12   500009............   01.3107   20.51   500108............   01.6565   21.71
    450734............   01.3020   16.26   460029............   01.1357   14.92   490045............   01.1758   18.21   500011............   01.3536   22.04   500110............   01.2379   17.96
    450735............   00.9322   11.77   460030............   01.2052   15.88   490046............   01.4569   16.95   500012............   01.5160   19.95   500118............   01.1807   19.87
    450742............   01.2757   19.64   460032............   00.9608   14.10   490047............   01.0538   17.13   500014............   01.8057   22.08   500119............   01.3366   19.61
    450743............   01.3731   20.69   460033............   00.9525   16.93   490048............   01.4629   16.87   500015............   01.3083   19.91   500122............   01.2713   18.49
    450745............   00.7868   20.44   460035............   00.8922   12.40   490050............   01.3959   20.10   500016............   01.3773   21.55   500123............   01.0450   15.07
    450746............   01.0246   12.27   460036............   00.9189   18.64   490052............   01.5704   14.59   500019............   01.2746   19.53   500124............   01.3300   21.30
    450747............   01.4159   14.21   460037............   01.0249   13.35   490053............   01.2549   13.56   500021............   01.5192   19.18   500125............   01.0634   10.72
    450749............   01.0392   12.03   460039............   00.9759   19.55   490054............   01.0939   13.83   500023............   01.2135   19.80   500127............   00.7012   14.81
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
                                                                                                                                                                                                    
    
    [[Page 45882]]
                                                                                              Page 16 of 16                                                                                         
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Avg.                                   Avg.                                   Avg.                                   Avg.                                  Avg. 
         Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix    hour        Provider       Case mix   hour 
                          index     wage                         index     wage                         index     wage                         index     wage                         index    wage 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    500129............   01.6435   20.99   520003............   01.1019   14.95   520092............   01.1009   15.89   530012............   01.5259   15.96                                       
    500132............   00.9823   18.61   520004............   01.1977   15.96   520094............   01.0671   15.88   530014............   01.2904   14.52                                       
    500134............   00.8256   15.48   520006............   01.0303   17.00   520095............   01.3481   17.75   530015............   01.1431   18.14                                       
    500137............   00.6497   17.85   520007............   01.0705   13.40   520096............   01.5431   16.65   530016............   01.1199   11.30                                       
    500138............   05.5857  .......  520008............   01.5038   20.21   520097............   01.3461   16.82   530017............   01.0566   15.09                                       
    500139............   01.4518   21.47   520009............   01.6685   16.69   520098............   01.8261   19.03   530018............   01.0261   13.70                                       
    500140............   00.9789   13.96   520010............   01.1333   18.74   520100............   01.2401   15.22   530019............   00.9964   12.98                                       
    500141............   01.3370   20.95   520011............   01.1787   15.82   520101............   01.1171   15.24   530022............   01.0572   15.34                                       
    500143............   00.8363   14.99   520013............   01.3440   17.39   520102............   01.2258   18.37   530023............   00.8340   16.19                                       
    500145............   01.8903  .......  520014............   01.1833   14.92   520103............   01.3072   16.55   530025............   01.3592   17.07                                       
    500898............   01.1447  .......  520015............   01.1939   16.10   520107............   01.2720   15.90   530026............   01.0587   13.67                                       
    510001............   01.6943   16.64   520016............   01.0266   12.10   520109............   01.0103   16.79   530027............   00.8666   08.89                                       
    510002............   01.2607   17.53   520017............   01.2182   16.17   520110............   01.1029   16.26   530029............   00.8700   13.80                                       
    510004............   00.9418   11.47   520018............   00.9654   15.12   520111............   01.0740   13.12   530031............   00.8812   12.07                                       
    510005............   00.9081   12.40   520019............   01.3228   15.81   520112............   01.1233   17.91   530032............   01.1554   16.45                                       
    510006............   01.2424   17.07   520021............   01.3295   17.87   520113............   01.1931   17.45                                                                              
    510007............   01.4216   16.92   520024............   01.0301   12.06   520114............   01.0922   12.56                                                                              
    510008............   01.0998   14.78   520025............   01.0787   14.84   520115............   01.2924   15.40                                                                              
    510009............   01.0048   12.02   520026............   01.0610   16.62   520116............   01.2584   16.86                                                                              
    510012............   01.0531   14.30   520027............   01.1488   18.20   520117............   01.0564   14.29                                                                              
    510013............   01.1930   14.68   520028............   01.3486   16.60   520118............   00.9485   09.62                                                                              
    510015............   00.9510   13.86   520029............   00.9455   15.32   520120............   00.9830   11.97                                                                              
    510016............   01.0213   11.19   520030............   01.6743   18.99   520121............   00.9330   13.81                                                                              
    510018............   01.0890   12.75   520031............   01.1703   16.00   520122............   01.0095   13.21                                                                              
    510020............   01.0922   09.36   520032............   01.1521   14.19   520123............   01.0554   15.20                                                                              
    510022............   01.7054   18.97   520033............   01.1822   15.92   520124............   01.1511   14.50                                                                              
    510023............   01.1019   15.21   520034............   01.1919   16.24   520130............   01.0949   12.36                                                                              
    510024............   01.3533   16.56   520035............   01.2474   14.95   520131............   01.0242   15.72                                                                              
    510025............   00.9456   10.06   520037............   01.5852   17.92   520132............   01.1825   13.60                                                                              
    510026............   00.9312   11.40   520038............   01.3793   16.35   520134............   01.0935   14.40                                                                              
    510027............   00.9817   13.01   520039............   01.0054   15.55   520135............   01.0064   12.70                                                                              
    510028............   01.0630   18.75   520040............   01.4619   19.00   520136............   01.5225   18.05                                                                              
    510029............   01.2924   15.75   520041............   01.1965   14.44   520138............   01.8502   17.66                                                                              
    510030............   01.0608   14.71   520042............   01.0497   15.99   520139............   01.2028   17.83                                                                              
    510031............   01.3136   15.41   520044............   01.3539   15.83   520140............   01.5559   18.24                                                                              
    510033............   01.2401   13.81   520045............   01.6488   16.87   520141............   01.1553   15.56                                                                              
    510035............   01.1549   17.54   520047............   01.0317   14.12   520142............   00.8153   11.71                                                                              
    510036............   00.9330   11.78   520048............   01.4308   16.96   520144............   01.0173   15.72                                                                              
    510038............   01.0459   13.86   520049............   01.8222   17.11   520145............   00.9640   16.59                                                                              
    510039............   01.3509   14.77   520051............   01.9233   18.64   520146............   01.0787   12.88                                                                              
    510043............   00.9749   10.23   520053............   01.0459   14.95   520148............   01.1487   14.99                                                                              
    510046............   01.2071   15.27   520054............   01.0481   15.66   520149............   00.9606   12.29                                                                              
    510047............   01.1461   16.64   520056............   01.2856   17.61   520151............   01.0828   13.81                                                                              
    510048............   01.1064   17.03   520057............   01.1572   15.81   520152............   01.1492   15.57                                                                              
    510050............   01.3072   14.07   520058............   01.0289   17.40   520153............   00.9151   12.42                                                                              
    510053............   00.9862   13.43   520059............   01.2817   17.27   520154............   01.1233   15.66                                                                              
    510055............   01.2700   18.38   520060............   01.3379   14.70   520156............   01.0988   17.35                                                                              
    510058............   01.2284   15.23   520062............   01.2446   15.60   520157............   01.0073   13.06                                                                              
    510059............   01.0508   13.61   520063............   01.1934   16.74   520159............   00.8912   15.84                                                                              
    510060............   01.1108   13.44   520064............   01.6924   17.58   520160............   01.7825   16.98                                                                              
    510061............   01.0267   13.23   520066............   01.3684   17.75   520161............   01.0499   14.34                                                                              
    510062............   01.2044   15.84   520068............   00.9064   14.65   520170............   01.3136   17.27                                                                              
    510063............   01.0554   13.39   520069............   01.2244   15.89   520171............   00.9780   13.38                                                                              
    510065............   00.9964   18.80   520070............   01.4628   16.29   520173............   01.2002   17.49                                                                              
    510066............   01.1021   11.29   520071............   01.1162   16.28   520174............   01.4623   19.90                                                                              
    510067............   01.2260   16.60   520074............   01.1022   14.80   520177............   01.5389   19.26                                                                              
    510068............   01.1324   14.26   520075............   01.4723   16.74   520178............   01.0619   13.83                                                                              
    510070............   01.1945   15.60   520076............   01.0948   14.67   520186............   02.1412  .......                                                                             
    510071............   01.2602   14.58   520077............   01.0475   13.87   530002............   01.1018   16.35                                                                              
    510072............   01.0953   12.86   520078............   01.4727   16.04   530003............   00.8823   12.54                                                                              
    510077............   01.1439   13.21   520082............   01.4075   15.87   530004............   01.0189   12.81                                                                              
    510080............   01.1711   10.11   520083............   01.6393   20.44   530005............   01.0032   11.90                                                                              
    510081............   00.9772   12.88   520084............   01.1026   14.57   530006............   01.1623   16.90                                                                              
    510082............   01.1301   11.32   520087............   01.6097   16.33   530007............   01.0744   11.30                                                                              
    510084............   00.9945   12.23   520088............   01.2813   16.17   530008............   01.2067   16.29                                                                              
    510085............   01.2462   17.51   520089............   01.5211   18.22   530009............   01.0242   15.00                                                                              
    510086............   01.1086   14.08   520090............   01.2264   15.59   530010............   01.2322   16.82                                                                              
    520002............   01.2769   16.70   520091............   01.2702   16.49   530011............   01.0511   15.86                                                                              
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Note: Case mix indexes do not include discharges from PPS-Exempt Units. Case mix indexes include cases received in HCFA Central Office through June 1995.                                       
    
    
    
    BILLING CODE 4120-01-P
    
                                                                                                                                                                                                    
    
    [[Page 45883]]
    Table 4a.--Wage Index and Capital Geographic Adjustment Factor (GAF) for
                                   Urban Areas                              
    ------------------------------------------------------------------------
         Urban area (constituent counties or county         Wage            
                        equivalents)                        index      GAF  
    ------------------------------------------------------------------------
    0040  Abilene, TX...................................    0.8546    0.8980
      Taylor, TX                                                            
    0060  Aguadilla, PR.................................    0.4744    0.6001
      Aguada, PR                                                            
      Aguadilla, PR                                                         
      Moca, PR                                                              
    0080  Akron, OH.....................................    0.9578    0.9709
      Portage, OH                                                           
      Summit, OH                                                            
    0120  Albany, GA....................................    0.8608    0.9024
      Dougherty, GA                                                         
      Lee, GA                                                               
    0160  Albany-Schenectady-Troy, NY...................    0.8818    0.9175
      Albany, NY                                                            
      Montgomery, NY                                                        
      Rensselaer, NY                                                        
      Saratoga, NY                                                          
      Schenectady, NY                                                       
      Schoharie, NY                                                         
    0200  Albuquerque, NM...............................    0.9542    0.9684
      Bernalillo, NM                                                        
      Sandoval, NM                                                          
      Valencia, NM                                                          
    0220  Alexandria, LA................................    0.8010    0.8590
      Rapides, LA                                                           
    0240  Allentown-Bethlehem-Easton, PA................    1.0198    1.0135
      Carbon, PA                                                            
      Lehigh, PA                                                            
      Northampton, PA                                                       
    0280  Altoona, PA...................................    0.9007    0.9309
      Blair, PA                                                             
    0320  Amarillo, TX..................................    0.8759    0.9133
      Potter, TX                                                            
      Randall, TX                                                           
    0380  Anchorage, AK.................................    1.3373    1.2202
      Anchorage, AK                                                         
    0440  Ann Arbor, MI.................................    1.2116    1.1405
      Lenawee, MI                                                           
      Livingston, MI                                                        
      Washtenaw, MI                                                         
    0450  Anniston, AL..................................    0.8158    0.8699
      Calhoun, AL                                                           
    0460  Appleton-Oshkosh-Neenah, WI...................    0.8844    0.9193
      Calumet, WI                                                           
      Outagamie, WI                                                         
      Winnebago, WI                                                         
    0470  Arecibo, PR...................................    0.4498    0.5786
      Arecibo, PR                                                           
      Camuy, PR                                                             
      Hatillo, PR                                                           
    0480  Asheville, NC.................................    0.9218    0.9458
      Buncombe, NC                                                          
      Madison, NC                                                           
    0500  Athens, GA....................................    0.9097    0.9372
      Clarke, GA                                                            
      Madison, GA                                                           
      Oconee, GA                                                            
    0520  *Atlanta, GA..................................    1.0069    1.0047
      Barrow, GA                                                            
      Bartow, GA                                                            
      Carroll, GA                                                           
      Cherokee, GA                                                          
      Clayton, GA                                                           
      Cobb, GA                                                              
      Coweta, GA                                                            
      De Kalb, GA                                                           
      Douglas, GA                                                           
      Fayette, GA                                                           
      Forsyth, GA                                                           
      Fulton, GA                                                            
      Gwinnett, GA                                                          
      Henry, GA                                                             
      Newton, GA                                                            
      Paulding, GA                                                          
      Pickens, GA                                                           
      Rockdale, GA                                                          
      Spalding, GA                                                          
      Walton, GA                                                            
    0560  Atlantic City-Cape May, NJ....................    1.0935    1.0631
      Atlantic City, NJ                                                     
      Cape May, NJ                                                          
    0600  Augusta-Aiken, GA-SC..........................    0.8955    0.9272
      Columbia, GA                                                          
      McDuffie, GA                                                          
      Richmond, GA                                                          
      Aiken, SC                                                             
      Edgefield, SC                                                         
    0640  Austin-San Marcos, TX.........................    0.9255    0.9484
      Bastrop, TX                                                           
      Caldwell, TX                                                          
      Hays, TX                                                              
      Travis, TX                                                            
      Williamson, TX                                                        
    0680  Bakersfield, CA...............................    1.0502    1.0341
      Kern, CA                                                              
    0720  *Baltimore, MD................................    0.9866    0.9908
      Anne Arundel, MD                                                      
      Baltimore, MD                                                         
      Baltimore City, MD                                                    
      Carroll, MD                                                           
      Harford, MD                                                           
      Howard, MD                                                            
      Queen Annes, MD                                                       
    0733  Bangor, ME....................................    0.9360    0.9557
      Penobscot, ME                                                         
    0743  Barnstable-Yarmouth, MA.......................    1.3457    1.2255
      Barnstable, MA                                                        
    0760  Baton Rouge, LA...............................    0.8670    0.9069
      Ascension, LA                                                         
      East Baton Rouge, LA                                                  
      Livingston, LA                                                        
      West Baton Rouge, LA                                                  
    0840  Beaumont-Port Arthur, TX......................    0.8603    0.9021
      Hardin, TX                                                            
      Jefferson, TX                                                         
      Orange, TX                                                            
    0860  Bellingham, WA................................    1.2681    1.1766
      Whatcom, WA                                                           
    0870  Benton Harbor, MI.............................    0.8304    0.8805
      Berrien, MI                                                           
    0875  *Bergen-Passaic, NJ...........................    1.1474    1.0987
      Bergen, NJ                                                            
      Passaic, NJ                                                           
    0880  Billings, MT..................................    0.8705    0.9094
      Yellowstone, MT                                                       
    0920  Biloxi-Gulfport-Pascagoula, MS................    0.8448    0.8909
      Hancock, MS                                                           
      Harrison, MS                                                          
      Jackson, MS                                                           
    0960  Binghamton, NY................................    0.9005    0.9307
      Broome, NY                                                            
      Tioga, NY                                                             
    1000  Birmingham, AL................................    0.9144    0.9406
      Blount, AL                                                            
      Jefferson, AL                                                         
      St. Clair, AL                                                         
      Shelby, AL                                                            
    1010  Bismarck, ND..................................    0.8299    0.8801
      Burleigh, ND                                                          
      Morton, ND                                                            
    1020  Bloomington, IN...............................    0.8429    0.8896
      Monroe, IN                                                            
    1040  Bloomington-Normal, IL........................    0.8740    0.9119
      McLean, IL                                                            
    1080  Boise City, ID................................    0.9150    0.9410
      Ada, ID                                                               
      Canyon, ID                                                            
    1123  *Boston-Brockton-Nashua, MA-NH................    1.1685    1.1125
      Bristol, MA                                                           
      Essex, MA                                                             
      Middlesex, MA                                                         
      Norfolk, MA                                                           
      Plymouth, MA                                                          
      Suffolk, MA                                                           
      Worcester, MA                                                         
      Hillsborough, NH                                                      
      Merrimack, NH                                                         
      Rockingham, NH                                                        
      Strafford, NH                                                         
    1125  Boulder-Longmont, CO..........................    0.9780    0.9849
      Boulder, CO                                                           
    1145  Brazoria, TX..................................    0.8584    0.9007
      Brazoria, TX                                                          
    1150  Bremerton, WA.................................    1.0295    1.0201
      Kitsap, WA                                                            
    1240  Brownsville-Harlingen-San Benito, TX..........    0.8650    0.9055
      Cameron, TX                                                           
    1260  Bryan-College Station, TX.....................    0.8987    0.9295
      Brazos, TX                                                            
    1280  *Buffalo-Niagara Falls, NY....................    0.9186    0.9435
      Erie, NY                                                              
      Niagara, NY                                                           
    1303  Burlington, VT................................    0.9252    0.9482
      Chittenden, VT                                                        
      Franklin, VT                                                          
      Grand Isle, VT                                                        
    1310  Caguas, PR....................................    0.4706    0.5968
      Caguas, PR                                                            
      Cayey, PR                                                             
      Cidra, PR                                                             
      Gurabo, PR                                                            
      San Lorenzo, PR                                                       
    
    [[Page 45884]]
                                                                            
    1320  Canton-Massillon, OH..........................    0.8749    0.9125
      Carroll, OH                                                           
      Stark, OH                                                             
    1350  Casper, WY....................................    0.8662    0.9063
      Natrona, WY                                                           
    1360  Cedar Rapids, IA..............................    0.8359    0.8845
      Linn, IA                                                              
    1400  Champaign-Urbana, IL..........................    0.8867    0.9210
      Champaign, IL                                                         
    1440  Charleston-North Charleston, SC...............    0.8930    0.9254
      Berkeley, SC                                                          
      Charleston, SC                                                        
      Dorchester, SC                                                        
    1480  Charleston, WV................................    0.9498    0.9653
      Kanawha, WV                                                           
      Putnam, WV                                                            
    1520  *Charlotte-Gastonia-Rock Hill, NC-SC..........    0.9668    0.9771
      Cabarrus, NC                                                          
      Gaston, NC                                                            
      Lincoln, NC                                                           
      Mecklenburg, NC                                                       
      Rowan, NC                                                             
      Union, NC                                                             
      York, SC                                                              
    1540  Charlottesville, VA...........................    0.9179    0.9430
      Albemarle, VA                                                         
      Charlottesville City, VA                                              
      Fluvanna, VA                                                          
      Greene, VA                                                            
    1560  Chattanooga, TN-GA............................    0.9129    0.9395
      Catoosa, GA                                                           
      Dade, GA                                                              
      Walker, GA                                                            
      Hamilton, TN                                                          
      Marion, TN                                                            
    1580  Cheyenne, WY..................................    0.7935    0.8535
      Laramie, WY                                                           
    1600  *Chicago, IL..................................    1.0632    1.0429
      Cook, IL                                                              
      De Kalb, IL                                                           
      Du Page, IL                                                           
      Grundy, IL                                                            
      Kane, IL                                                              
      Kendall, IL                                                           
      Lake, IL                                                              
      McHenry, IL                                                           
      Will, IL                                                              
    1620  Chico-Paradise, CA............................    1.0531    1.0361
      Butte, CA                                                             
    1640  *Cincinnati, OH-KY-IN.........................    0.9418    0.9598
      Dearborn, IN                                                          
      Ohio, IN                                                              
      Boone, KY                                                             
      Campbell, KY                                                          
      Gallatin, KY                                                          
      Grant, KY                                                             
      Kenton, KY                                                            
      Pendleton, KY                                                         
      Brown, OH                                                             
      Clermont, OH                                                          
      Hamilton, OH                                                          
      Warren, OH                                                            
    1660  Clarksville-Hopkinsville, TN-KY...............    0.7542    0.8243
      Christian, KY                                                         
      Montgomery, TN                                                        
    1680  *Cleveland-Lorain-Elyria, OH..................    0.9835    0.9887
      Ashtabula, OH                                                         
      Cuyahoga, OH                                                          
      Geauga, OH                                                            
      Lake, OH                                                              
      Lorain, OH                                                            
      Medina, OH                                                            
    1720  Colorado Springs, CO..........................    0.9294    0.9511
      El Paso, CO                                                           
    1740  Columbia, MO..................................    0.9461    0.9628
      Boone, MO                                                             
    1760  Columbia, SC..................................    0.9033    0.9327
      Lexington, SC                                                         
      Richland, SC                                                          
    1800  Columbus, GA-AL...............................    0.7756    0.8403
      Russell, AL                                                           
      Chattanoochee, GA                                                     
      Harris, GA                                                            
      Muscogee, GA                                                          
    1840  *Columbus, OH.................................    0.9734    0.9817
      Delaware, OH                                                          
      Fairfield, OH                                                         
      Franklin, OH                                                          
      Licking, OH                                                           
      Madison, OH                                                           
      Pickaway, OH                                                          
    1880  Corpus Christi, TX............................    0.8941    0.9262
      Nueces, TX                                                            
      San Patricio, TX                                                      
    1900  Cumberland, MD-WV.............................    0.8372    0.8854
      Allegany, MD                                                          
      Mineral, WV                                                           
    1920  *Dallas, TX...................................    0.9804    0.9865
      Collin, TX                                                            
      Dallas, TX                                                            
      Denton, TX                                                            
      Ellis, TX                                                             
      Henderson, TX                                                         
      Hunt, TX                                                              
      Kaufman, TX                                                           
      Rockwall, TX                                                          
    1950  Danville, VA..................................    0.8465    0.8922
      Danville City, VA                                                     
      Pittsylvania, VA                                                      
    1960  Davenport-Rock Island-Moline, IA-IL...........    0.8347    0.8836
      Scott, IA                                                             
      Henry, IL                                                             
      Rock Island, IL                                                       
    2000  Dayton-Springfield, OH........................    0.9428    0.9605
      Clark, OH                                                             
      Greene, OH                                                            
      Miami, OH                                                             
      Montgomery, OH                                                        
    2020  Daytona Beach, FL.............................    0.8902    0.9234
      Flagler, FL                                                           
      Volusia, FL                                                           
    2030  Decatur, AL...................................    0.8180    0.8715
      Lawrence, AL                                                          
      Morgan, AL                                                            
    2040  Decatur, IL...................................    0.7790    0.8428
      Macon, IL                                                             
    2080  *Denver, CO...................................    1.0447    1.0304
      Adams, CO                                                             
      Arapahoe, CO                                                          
      Denver, CO                                                            
      Douglas, CO                                                           
      Jefferson, CO                                                         
    2120  Des Moines, IA................................    0.8792    0.9156
      Dallas, IA                                                            
      Polk, IA                                                              
      Warren, IA                                                            
    2160  *Detroit, MI..................................    1.0834    1.0564
      Lapeer, MI                                                            
      Macomb, MI                                                            
      Monroe, MI                                                            
      Oakland, MI                                                           
      St. Clair, MI                                                         
      Wayne, MI                                                             
    2180  Dothan, AL....................................    0.7751    0.8399
      Dale, AL                                                              
      Houston, AL                                                           
    2190  Dover, DE.....................................    0.8960    0.9276
      Kent, DE                                                              
    2200  Dubuque, IA...................................    0.8054    0.8623
      Dubuque, IA                                                           
    2240  Duluth-Superior, MN-WI........................    0.9660    0.9766
      St. Louis, MN                                                         
      Douglas, WI                                                           
    2281  Dutchess County, NY...........................    1.0697    1.0472
      Dutchess, NY                                                          
    2290  Eau Claire, WI................................    0.8660    0.9062
      Chippewa, WI                                                          
      Eau Claire, WI                                                        
    2320  El Paso, TX...................................    0.9266    0.9491
      El Paso, TX                                                           
    2330  Elkhart-Goshen, IN............................    0.8806    0.9166
      Elkhart, IN                                                           
    2335  Elmira, NY....................................    0.8460    0.8918
      Chemung, NY                                                           
    2340  Enid, OK......................................    0.8170    0.8707
      Garfield, OK                                                          
    2360  Erie, PA......................................    0.9196    0.9442
      Erie, PA                                                              
    2400  Eugene-Springfield, OR........................    1.1184    1.0796
      Lane, OR                                                              
    2440  Evansville-Henderson, IN-KY...................    0.8899    0.9232
      Posey, IN                                                             
      Vanderburgh, IN                                                       
      Warrick, IN                                                           
      Henderson, KY                                                         
    2520  Fargo-Moorhead, ND-MN.........................    0.8912    0.9242
      Clay, MN                                                              
    
    [[Page 45885]]
                                                                            
      Cass, ND                                                              
    2560  Fayetteville, NC..............................    0.8843    0.9192
      Cumberland, NC                                                        
    2580  Fayetteville-Springdale-Rogers, AR............    0.7090    0.7902
      Benton, AR                                                            
      Washington, AR                                                        
    2620  Flagstaff, AZ-UT..............................    0.8619    0.9032
      Coconino, AZ                                                          
      Kane, UT                                                              
    2640  Flint, MI.....................................    1.0738    1.0500
      Genesee, MI                                                           
    2650  Florence, AL..................................    0.7970    0.8561
      Colbert, AL                                                           
      Lauderdale, AL                                                        
    2655  Florence, SC..................................    0.8537    0.8973
      Florence, SC                                                          
    2670  Fort Collins-Loveland, CO.....................    1.0595    1.0404
      Larimer, CO                                                           
    2680  *Ft. Lauderdale, FL...........................    1.0952    1.0643
      Broward, FL                                                           
    2700  Fort Myers-Cape Coral, FL.....................    0.9666    0.9770
      Lee, FL                                                               
    2710  Fort Pierce-Port St. Lucie, FL................    1.0401    1.0273
      Martin, FL                                                            
      St. Lucie, FL                                                         
    2720  Fort Smith, AR-OK.............................    0.7608    0.8293
      Crawford, AR                                                          
      Sebastian, AR                                                         
      Sequoyah, OK                                                          
    2750  Fort Walton Beach, FL.........................    0.8705    0.9094
      Okaloosa, FL                                                          
    2760  Fort Wayne, IN................................    0.8691    0.9084
      Adams, IN                                                             
      Allen, IN                                                             
      De Kalb, IN                                                           
      Huntington, IN                                                        
      Wells, IN                                                             
      Whitley, IN                                                           
    2800  *Forth Worth-Arlington, TX....................    1.0052    1.0036
      Hood, TX                                                              
      Johnson, TX                                                           
      Parker, TX                                                            
      Tarrant, TX                                                           
    2840  Fresno, CA....................................    1.0522    1.0355
      Fresno, CA                                                            
      Madera, CA                                                            
    2880  Gadsden, AL...................................    0.8568    0.8996
      Etowah, AL                                                            
    2900  Gainesville, FL...............................    0.9007    0.9309
      Alachua, FL                                                           
    2920  Galveston-Texas City, TX......................    1.0304    1.0207
      Galveston, TX                                                         
    2960  Gary, IN......................................    0.9452    0.9621
      Lake, IN                                                              
      Porter, IN                                                            
    2975  Glens Falls, NY...............................    0.9276    0.9498
      Warren, NY                                                            
      Washington, NY                                                        
    2980  Goldsboro, NC.................................    0.8165    0.8704
      Wayne, NC                                                             
    2985  Grand Forks, ND-MN............................    0.8983    0.9292
      Polk, MN                                                              
      Grand Forks, ND                                                       
    2995  Grand Junction, CO............................    0.7988    0.8574
      Mesa, CO                                                              
    3000  Grand Rapids-Muskegon-Holland, MI.............    1.0055    1.0038
      Allegan, MI                                                           
      Kent, MI                                                              
      Muskegon, MI                                                          
      Ottawa, MI                                                            
    3040  Great Falls, MT...............................    0.9039    0.9331
      Cascade, MT                                                           
    3060  Greeley, CO...................................    0.9146    0.9407
      Weld, CO                                                              
    3080  Green Bay, WI.................................    0.9190    0.9438
      Brown, WI                                                             
    3120  *Greensboro-Winston-Salem-High................                    
      Point, NC                                             0.9160    0.9417
      Alamance, NC                                                          
      Davidson, NC                                                          
      Davie, NC                                                             
      Forsyth, NC                                                           
      Guilford, NC                                                          
      Randolph, NC                                                          
      Stokes, NC                                                            
      Yadkin, NC                                                            
    3150  Greenville, NC................................    0.9102    0.9376
      Pitt, NC                                                              
    3160  Greenville-Spartanburg-Anderson, SC...........    0.9047    0.9337
      Anderson, SC                                                          
      Cherokee, SC                                                          
      Greenville, SC                                                        
      Pickens, SC                                                           
      Spartanburg, SC                                                       
    3180  Hagerstown, MD................................    0.9074    0.9356
      Washington, MD                                                        
    3200  Hamilton-Middletown, OH.......................    0.8782    0.9149
      Butler, OH                                                            
    3240  Harrisburg-Lebanon-Carlisle, PA...............    0.9972    0.9981
      Cumberland, PA                                                        
      Dauphin, PA                                                           
      Lebanon, PA                                                           
      Perry, PA                                                             
    3283  *Hartford, CT.................................    1.2391    1.1581
      Hartford, CT                                                          
      Litchfield, CT                                                        
      Middlesex, CT                                                         
      Tolland, CT                                                           
    3285  Hattiesburg, MS...............................    0.7245    0.8020
      Forrest, MS                                                           
      Lamar, MS                                                             
    3290  Hickory-Morganton-Lenoir, NC..................    0.7983    0.8570
      Alexander, NC                                                         
      Burke, NC                                                             
      Caldwell, NC                                                          
      Catawba, NC                                                           
    3320  Honolulu, HI..................................    1.1212    1.0815
      Honolulu, HI                                                          
    3350  Houma, LA.....................................    0.7596    0.8284
      Lafourche, LA                                                         
      Terrebonne, LA                                                        
    3360  *Houston, TX..................................    0.9874    0.9914
      Chambers, TX                                                          
      Fort Bend, TX                                                         
      Harris, TX                                                            
      Liberty, TX                                                           
      Montgomery, TX                                                        
      Waller, TX                                                            
    3400  Huntington-Ashland, WV-KY-OH..................    0.8997    0.9302
      Boyd, KY                                                              
      Carter, KY                                                            
      Greenup, KY                                                           
      Lawrence, OH                                                          
      Cabell, WV                                                            
      Wayne, WV                                                             
    3440  Huntsville, AL................................    0.8113    0.8666
      Limestone, AL                                                         
      Madison, AL                                                           
    3480  *Indianapolis, IN.............................    0.9757    0.9833
      Boone, IN                                                             
      Hamilton, IN                                                          
      Hancock, IN                                                           
      Hendricks, IN                                                         
      Johnson, IN                                                           
      Madison, IN                                                           
      Marion, IN                                                            
      Morgan, IN                                                            
      Shelby, IN                                                            
    3500  Iowa City, IA.................................    0.9371    0.9565
      Johnson, IA                                                           
    3520  Jackson, MI...................................    0.9132    0.9397
      Jackson, MI                                                           
    3560  Jackson, MS...................................    0.7642    0.8318
      Hinds, MS                                                             
      Madison, MS                                                           
      Rankin, MS                                                            
    3580  Jackson, TN...................................    0.8511    0.8955
      Madison, TN                                                           
    3600  Jacksonville, FL..............................    0.8953    0.9271
      Clay, FL                                                              
      Duval, FL                                                             
      Nassau, FL                                                            
      St. Johns, FL                                                         
    3605  Jacksonville, NC..............................    0.6926    0.7776
      Onslow, NC                                                            
    3610  Jamestown, NY.................................    0.7535    0.8238
      Chautaqua, NY                                                         
    3620  Janesville-Beloit, WI.........................    0.8786    0.9152
      Rock, WI                                                              
    3640  Jersey City, NJ...............................    1.1039    1.0700
      Hudson, NJ                                                            
    3660  Johnson City-Kingsport-Bristol, TN-VA.........    0.8769    0.9140
      Carter, TN                                                            
      Hawkins, TN                                                           
      Sullivan, TN                                                          
      Unicoi, TN                                                            
      Washington, TN                                                        
    
    [[Page 45886]]
                                                                            
      Bristol City, VA                                                      
      Scott, VA                                                             
      Washington, VA                                                        
    3680  Johnstown, PA.................................    0.8521    0.8962
      Cambria, PA                                                           
      Somerset, PA                                                          
    3710  Joplin, MO....................................    0.7923    0.8526
      Jasper, MO                                                            
      Newton, MO                                                            
    3720  Kalamazoo-Battlecreek, MI.....................    1.0657    1.0445
      Calhoun, MI                                                           
      Kalamazoo, MI                                                         
      Van Buren, MI                                                         
    3740  Kankakee, IL..................................    0.9114    0.9384
      Kankakee, IL                                                          
    3760  *Kansas City, KS-MO...........................    0.9351    0.9551
      Johnson, KS                                                           
      Leavenworth, KS                                                       
      Miami, KS                                                             
      Wyandotte, KS                                                         
      Cass, MO                                                              
      Clay, MO                                                              
      Clinton, MO                                                           
      Jackson, MO                                                           
      Lafayette, MO                                                         
      Platte, MO                                                            
      Ray, MO                                                               
    3800  Kenosha, WI...................................    0.8872    0.9213
      Kenosha, WI                                                           
    3810  Killeen-Temple, TX............................    1.0526    1.0357
      Bell, TX                                                              
      Coryell, TX                                                           
    3840  Knoxville, TN.................................    0.8518    0.8960
      Anderson, TN                                                          
      Blount, TN                                                            
      Knox, TN                                                              
      Loudon, TN                                                            
      Sevier, TN                                                            
      Union, TN                                                             
    3850  Kokomo, IN....................................    0.8834    0.9186
      Howard, IN                                                            
      Tipton, IN                                                            
    3870  La Crosse, WI-MN..............................    0.8519    0.8960
      Houston, MN                                                           
      La Crosse, WI                                                         
    3880  Lafayette, LA.................................    0.8498    0.8945
      Acadia, LA                                                            
      Lafayette, LA                                                         
      St. Landry, LA                                                        
      St. Martin, LA                                                        
    3920  Lafayette, IN.................................    0.8328    0.8822
      Clinton, IN                                                           
      Tippecanoe, IN                                                        
    3960  Lake Charles, LA..............................    0.8094    0.8652
      Calcasieu, LA                                                         
    3980  Lakeland-Winter Haven, FL.....................    0.8668    0.9067
      Polk, FL                                                              
    4000  Lancaster, PA.................................    0.9569    0.9703
      Lancaster, PA                                                         
    4040  Lansing-East Lansing, MI......................    1.0105    1.0072
      Clinton, MI                                                           
      Eaton, MI                                                             
      Ingham, MI                                                            
    4080  Laredo, TX....................................    0.6750    0.7640
      Webb, TX                                                              
    4100  Las Cruces, NM................................    0.8861    0.9205
      Dona Ana, NM                                                          
    4120  *Las Vegas, NV-AZ.............................    1.0934    1.0631
      Mohave, AZ                                                            
      Clark, NV                                                             
      Nye, NV                                                               
    4150  Lawrence, KS..................................    0.8549    0.8982
      Douglas, KS                                                           
    4200  Lawton, OK....................................    0.8594    0.9014
      Comanche, OK                                                          
    4243  Lewiston-Auburn, ME...........................    0.9433    0.9608
      Androscoggin, ME                                                      
    4280  Lexington, KY.................................    0.8348    0.8837
      Bourbon, KY                                                           
      Clark, KY                                                             
      Fayette, KY                                                           
      Jessamine, KY                                                         
      Madison, KY                                                           
      Scott, KY                                                             
      Woodford, KY                                                          
    4320  Lima, OH......................................    0.8863    0.9207
      Allen, OH                                                             
      Auglaize, OH                                                          
    4360  Lincoln, NE...................................    0.9093    0.9370
      Lancaster, NE                                                         
    4400  Little Rock-North Little Rock, AR.............    0.8527    0.8966
      Faulkner, AR                                                          
      Lonoke, AR                                                            
      Pulaski, AR                                                           
      Saline, AR                                                            
    4420  Longview-Marshall, TX.........................    0.8653    0.9057
      Gregg, TX                                                             
      Harrison, TX                                                          
      Upshur, TX                                                            
    4480  *Los Angeles-Long Beach, CA...................    1.2461    1.1626
      Los Angeles, CA                                                       
    4520  Louisville, KY-IN.............................    0.9327    0.9534
      Clark, IN                                                             
      Floyd, IN                                                             
      Harrison, IN                                                          
      Scott, IN                                                             
      Bullitt, KY                                                           
      Jefferson, KY                                                         
      Oldham, KY                                                            
    4600  Lubbock, TX...................................    0.8443    0.8906
      Lubbock, TX                                                           
    4640  Lynchburg, VA.................................    0.8205    0.8733
      Amherst, VA                                                           
      Bedford City, VA                                                      
      Bedford, VA                                                           
      Campbell, VA                                                          
      Lynchburg City, VA                                                    
    4680  Macon, GA.....................................    0.8991    0.9298
      Bibb, GA                                                              
      Houston, GA                                                           
      Jones, GA                                                             
      Peach, GA                                                             
      Twiggs, GA                                                            
    4720  Madison, WI...................................    1.0055    1.0038
      Dane, WI                                                              
    4800  Mansfield, OH.................................    0.8373    0.8855
      Crawford, OH                                                          
      Richland, OH                                                          
    4840  Mayaguez, PR..................................    0.4644    0.5914
      Anasco, PR                                                            
      Cabo Rojo, PR                                                         
      Hormigueros, PR                                                       
      Mayaguez, PR                                                          
      Sabana Grande, PR                                                     
      San German, PR                                                        
    4880  McAllen-Edinburg-Mission, TX..................    0.8669    0.9068
      Hidalgo, TX                                                           
    4890  Medford-Ashland, OR...........................    1.0162    1.0111
      Jackson, OR                                                           
    4900  Melbourne-Titusville-Palm Bay, FL.............    0.9323    0.9531
      Brevard, Fl                                                           
    4920  *Memphis, TN-AR-MS............................    0.8399    0.8874
      Crittenden, AR                                                        
      De Soto, MS                                                           
      Fayette, TN                                                           
      Shelby, TN                                                            
      Tipton, TN                                                            
    4940  Merced, CA....................................    1.0877    1.0593
      Merced, CA                                                            
    5000  *Miami, FL....................................    0.9552    0.9691
      Dade, FL                                                              
    5015  *Middlesex-Somerset-Hunterdon, NJ.............    1.0583    1.0396
      Hunterdon, NJ                                                         
      Middlesex, NJ                                                         
      Somerset, NJ                                                          
    5080  *Milwaukee-Waukesha, WI.......................    0.9498    0.9653
      Milwaukee, WI                                                         
      Ozaukee, WI                                                           
      Washington, WI                                                        
      Waukesha, WI                                                          
    5120  *Minneapolis-St Paul, MN-WI...................    1.0744    1.0504
      Anoka, MN                                                             
      Carver, MN                                                            
      Chisago, MN                                                           
      Dakota, MN                                                            
      Hennepin, MN                                                          
      Isanti, MN                                                            
      Ramsey, MN                                                            
      Scott, MN                                                             
      Sherburne, MN                                                         
      Washington, MN                                                        
      Wright, MN                                                            
      Pierce, WI                                                            
      St. Croix, WI                                                         
    5160  Mobile, AL....................................    0.7706    0.8366
      Baldwin, AL                                                           
      Mobile, AL                                                            
    5170  Modesto, CA...................................    1.0658    1.0446
      Stanislaus, CA                                                        
    5190  *Monmouth-Ocean, NJ...........................    1.0562    1.0382
      Monmouth, NJ                                                          
    
    [[Page 45887]]
                                                                            
      Ocean, NJ                                                             
    5200  Monroe, LA....................................    0.7948    0.8545
      Ouachita, LA                                                          
    5240  Montgomery, AL................................    0.7901    0.8510
      Autauga, AL                                                           
      Elmore, AL                                                            
      Montgomery, AL                                                        
    5280  Muncie, IN....................................    0.9125    0.9392
      Delaware, IN                                                          
    5330  Myrtle Beach, SC..............................    0.7961    0.8554
      Horry, SC                                                             
    5345  Naples, FL....................................    0.9871    0.9911
      Collier, FL                                                           
    5360  *Nashville, TN................................    0.9266    0.9491
      Cheatham, TN                                                          
      Davidson, TN                                                          
      Dickson, TN                                                           
      Robertson, TN                                                         
      Rutherford TN                                                         
      Sumner, TN                                                            
      Williamson, TN                                                        
      Wilson, TN                                                            
    5380  *Nassau-Suffolk, NY...........................    1.3128    1.2049
      Nassau, NY                                                            
      Suffolk, NY                                                           
    5483  *New Haven-Bridgeport-StamfordDanbury-                            
     Waterbury, CT......................................    1.2534    1.1673
      Fairfield, CT                                                         
      New Haven, CT                                                         
    5523  New London-Norwich, CT........................    1.2088    1.1387
      New London, CT                                                        
    5560  *New Orleans, LA..............................    0.9454    0.9623
      Jefferson, LA                                                         
      Orleans, LA                                                           
      Plaquemines, LA                                                       
      St. Bernard, LA                                                       
      St. Charles, LA                                                       
      St. James, LA                                                         
      St. John The Baptist, LA                                              
      St. Tammany, LA                                                       
    5600  *New York, NY.................................    1.3852    1.2500
      Bronx, NY                                                             
      Kings, NY                                                             
      New York, NY                                                          
      Putnam, NY                                                            
      Queens, NY                                                            
      Richmond, NY                                                          
      Rockland, NY                                                          
      Westchester, NY                                                       
    5640  *Newark, NJ...................................    1.1241    1.0834
      Essex, NJ                                                             
      Morris, NJ                                                            
      Sussex, NJ                                                            
      Union, NJ                                                             
      Warren, NJ                                                            
    5660  Newburgh, NY-PA...............................    1.0619    1.0420
      Orange, NY                                                            
      Pike, PA                                                              
    5720  *Norfolk-Virginia                                                 
      Beach-Newport                                                         
      News, VA-NC                                           0.8411    0.8883
      Currituck, NC                                                         
      Chesapeake City, VA                                                   
      Gloucester, VA                                                        
      Hampton City, VA                                                      
      Isle of Wight, VA                                                     
      James City, VA                                                        
      Mathews, VA                                                           
      Newport News City, VA                                                 
      Norfolk City, VA                                                      
      Poquoson City, VA                                                     
      Portsmouth City, VA                                                   
      Suffolk City, VA                                                      
      Virginia Beach City, VA                                               
      Williamsburg City, VA                                                 
      York, VA                                                              
    5775  *Oakland, CA..................................    1.5203    1.3322
      Alameda, CA                                                           
      Contra Costa, CA                                                      
    5790  Ocala, FL.....................................    0.8942    0.9263
      Marion, FL                                                            
    5800  Odessa-Midland, TX............................    0.8753    0.9128
      Ector, TX                                                             
      Midland, TX                                                           
    5880  *Oklahoma City, OK............................    0.8358    0.8844
      Canadian, OK                                                          
      Cleveland, OK                                                         
      Logan, OK                                                             
      McClain, OK                                                           
      Oklahoma, OK                                                          
      Pottawatomie, OK                                                      
    5910  Olympia, WA...................................    1.1109    1.0747
      Thurston, WA                                                          
    5920  Omaha, NE-IA..................................    0.9794    0.9858
      Pottawattamie, IA                                                     
      Cass, NE                                                              
      Douglas, NE                                                           
      Sarpy, NE                                                             
      Washington, NE                                                        
    5945  *Orange County, CA............................    1.2299    1.1522
      Orange, CA                                                            
    5960  *Orlando, FL..................................    0.9515    0.9665
      Lake, FL                                                              
      Orange, FL                                                            
      Osceola, FL                                                           
      Seminole, FL                                                          
    5990  Owensboro, KY.................................    0.7498    0.8210
      Daviess, KY                                                           
    6015  Panama City, FL...............................    0.8182    0.8716
      Bay, FL                                                               
    6020  Parkersburg-Marietta, WV-OH...................    0.7751    0.8399
      Washington, OH                                                        
      Wood, WV                                                              
    6080  Pensacola, FL.................................    0.8183    0.8717
      Escambia, FL                                                          
      Santa Rosa, FL                                                        
    6120  Peoria-Pekin, IL..............................    0.8619    0.9032
      Peoria, IL                                                            
      Tazewell, IL                                                          
      Woodford, IL                                                          
    6160  *Philadelphia, PA-NJ..........................    1.1098    1.0739
      Burlington, NJ                                                        
      Camden, NJ                                                            
      Gloucester, NJ                                                        
      Salem, NJ                                                             
      Bucks, PA                                                             
      Chester, PA                                                           
      Delaware, PA                                                          
      Montgomery, PA                                                        
      Philadelphia, PA                                                      
    6200  *Phoenix-Mesa, AZ.............................    0.9808    0.9868
      Maricopa, AZ                                                          
      Pinal, AZ                                                             
    6240  Pine Bluff, AR................................    0.7985    0.8572
      Jefferson, AR                                                         
    6280  *Pittsburgh, PA...............................    0.9743    0.9823
      Allegheny, PA                                                         
      Beaver, PA                                                            
      Butler, PA                                                            
      Fayette, PA                                                           
      Washington, PA                                                        
      Westmoreland, PA                                                      
    6323  Pittsfield, MA................................    1.0838    1.0567
      Berkshire, MA                                                         
    6360  Ponce, PR.....................................    0.4780    0.6032
      Guayanilla, PR                                                        
      Juana Diaz, PR                                                        
      Penuelas, PR                                                          
      Ponce, PR                                                             
      Villalba, PR                                                          
      Yauco, PR                                                             
    6403  Portland, ME..................................    0.9744    0.9824
      Cumberland, ME                                                        
      Sagadahoc, ME                                                         
      York, ME                                                              
    6440  *Portland-Vancouver, OR-WA....................    1.1248    1.0839
      Clackamas, OR                                                         
      Columbia, OR                                                          
      Multnomah, OR                                                         
      Washington, OR                                                        
      Yamhill, OR                                                           
      Clark, WA                                                             
    6483  *Providence-Warwick, RI.......................    1.1027    1.0692
      Bristol, RI                                                           
      Kent, RI                                                              
      Newport, RI                                                           
      Providence, RI                                                        
      Washington, RI                                                        
    6520  Provo-Orem, UT................................    0.9843    0.9892
      Utah, UT                                                              
    6560  Pueblo, CO....................................    0.8508    0.8953
      Pueblo, CO                                                            
    6580  Punta Gorda, FL...............................    0.8806    0.9166
      Charlotte, FL                                                         
    6600  Racine, WI....................................    0.8704    0.9093
      Racine, WI                                                            
    6640  Raleigh-Durham-Chapel Hill, NC................    0.9539    0.9682
      Chatham, NC                                                           
      Durham, NC                                                            
      Franklin, NC                                                          
      Johnston, NC                                                          
      Orange, NC                                                            
    
    [[Page 45888]]
                                                                            
      Wake, NC                                                              
    6660  Rapid City, SD................................    0.8267    0.8778
      Pennington, SD                                                        
    6680  Reading, PA...................................    0.9570    0.9704
      Berks, PA                                                             
    6690  Redding, CA...................................    1.1796    1.1198
      Shasta, CA                                                            
    6720  Reno, NV......................................    1.1087    1.0732
      Washoe, NV                                                            
    6740  Richland-Kennewick-Pasco, WA..................    1.0011    1.0008
      Benton, WA                                                            
      Franklin, WA                                                          
    6760  Richmond-Petersburg, VA.......................    0.9055    0.9343
      Charles City County, VA                                               
      Chesterfield, VA                                                      
      Colonial Heights City, VA                                             
      Dinwiddie, VA                                                         
      Goochland, VA                                                         
      Hanover, VA                                                           
      Henrico, VA                                                           
      Hopewell City, VA                                                     
      New Kent, VA                                                          
      Petersburg City, VA                                                   
      Powhatan, VA                                                          
      Prince George, VA                                                     
      Richmond City, VA                                                     
    6780  *Riverside-San Bernardino, CA.................    1.1489    1.0997
      Riverside, CA                                                         
      San Bernardino, CA                                                    
    6800  Roanoke, VA...................................    0.8570    0.8997
      Botetourt, VA                                                         
      Roanoke, VA                                                           
      Roanoke City, VA                                                      
      Salem City, VA                                                        
    6820  Rochester, MN.................................    1.0545    1.0370
      Olmsted, MN                                                           
    6840  *Rochester, NY................................    0.9585    0.9714
      Genesee, NY                                                           
      Livingston, NY                                                        
      Monroe, NY                                                            
      Ontario, NY                                                           
      Orleans, NY                                                           
      Wayne, NY                                                             
    6880  Rockford, IL..................................    0.8872    0.9213
      Boone, IL                                                             
      Ogle, IL                                                              
      Winnebago, IL                                                         
    6895  Rocky Mount, NC...............................    0.8836    0.9187
      Edgecombe, NC                                                         
      Nash, NC                                                              
    6920  *Sacramento, CA...............................    1.2539    1.1676
      El Dorado, CA                                                         
      Placer, CA                                                            
      Sacramento, CA                                                        
    6960  Saginaw-Bay City-Midland, MI..................    0.9489    0.9647
      Bay, MI                                                               
      Midland, MI                                                           
      Saginaw, MI                                                           
    6980  St. Cloud, MN.................................    0.9549    0.9689
      Benton, MN                                                            
      Stearns, MN                                                           
    7000  St. Joseph, MO................................    0.8457    0.8916
      Andrews, MO                                                           
      Buchanan, MO                                                          
    7040  *St. Louis, MO-IL.............................    0.8880    0.9219
      Clinton, IL                                                           
      Jersey, IL                                                            
      Madison, IL                                                           
      Monroe, IL                                                            
      St. Clair, IL                                                         
      Franklin, MO                                                          
      Jefferson, MO                                                         
      Lincoln, MO                                                           
      St. Charles, MO                                                       
      St. Louis, MO                                                         
      St. Louis City, MO                                                    
      Warren, MO                                                            
    7080  Salem, OR.....................................    0.9575    0.9707
      Marion, OR                                                            
      Polk, OR                                                              
    7120  Salinas, CA...................................    1.4263    1.2753
      Monterey, CA                                                          
    7160  *Salt Lake City-Ogden, UT.....................    0.9681    0.9780
      Davis, UT                                                             
      Salt Lake, UT                                                         
      Weber, UT                                                             
    7200  San Angelo, TX................................    0.7777    0.8418
      Tom Green, TX                                                         
    7240  *San Antonio, TX..............................    0.8414    0.8885
      Bexar, TX                                                             
      Comal, TX                                                             
      Guadalupe, TX                                                         
      Wilson, TX                                                            
    7320  *San Diego, CA................................    1.1856    1.1237
      San Diego, CA                                                         
    7360  *San Francisco, CA............................    1.4288    1.2768
      Marin, CA                                                             
      San Francisco, CA                                                     
      San Mateo, CA                                                         
    7400  *San Jose, CA.................................    1.4455    1.2870
      Santa Clara, CA                                                       
    7440  *San Juan-Bayamon, PR.........................    0.4514    0.5800
      Aguas Buenas, PR                                                      
      Barceloneta, PR                                                       
      Bayamon, PR                                                           
      Canovanas, PR                                                         
      Carolina, PR                                                          
      Catano, PR                                                            
      Ceiba, PR                                                             
      Comerio, PR                                                           
      Corozal, PR                                                           
      Dorado, PR                                                            
      Fajardo, PR                                                           
      Florida, PR                                                           
      Guaynabo, PR                                                          
      Humacao, PR                                                           
      Juncos, PR                                                            
      Los Piedras, PR                                                       
      Loiza, PR                                                             
      Luguillo, PR                                                          
      Manati, PR                                                            
      Naranjito, PR                                                         
      Rio Grande, PR                                                        
      San Juan, PR                                                          
      Toa Alta, PR                                                          
      Toa Baja, PR                                                          
      Trujillo Alto, PR                                                     
      Vega Alta, PR                                                         
      Vega Baja, PR                                                         
      Yabucoa, PR                                                           
    7460  San Luis Obispo-Atascadero-Paso Robles, CA....    1.1405    1.0942
      San Luis Obispo, CA                                                   
    7480  Santa Barbara-Santa Maria-Lompoc, CA..........    1.1136    1.0765
      Santa Barbara, CA                                                     
    7485  Santa Cruz-Watsonville, CA....................    1.3944    1.2557
      Santa Cruz, CA                                                        
    7490  Santa Fe, NM..................................    1.1108    1.0746
      Los Alamos, NM                                                        
      Santa Fe, NM                                                          
    7500  Santa Rosa, CA................................    1.2693    1.1774
      Sonoma, CA                                                            
    7510  Sarasota-Bradenton, FL........................    0.9824    0.9879
      Manatee, FL                                                           
      Sarasota, FL                                                          
    7520  Savannah, GA..................................    0.8968    0.9281
      Bryan, GA                                                             
      Chatham, GA                                                           
      Effingham, GA                                                         
    7560  Scranton--Wilkes-Barre--Hazleton, PA..........    0.8724    0.9108
      Columbia, PA                                                          
      Lackawanna, PA                                                        
      Luzerne, PA                                                           
      Wyoming, PA                                                           
    7600  *Seattle-Bellevue-Everett, WA.................    1.1307    1.0878
      Island, WA                                                            
      King, WA                                                              
      Snohomish, WA                                                         
    7610  Sharon, PA....................................    0.9093    0.9370
      Mercer, PA                                                            
    7620  Sheboygan, WI.................................    0.7981    0.8569
      Sheboygan, WI                                                         
    7640  Sherman-Denison, TX...........................    0.8780    0.9148
      Grayson, TX                                                           
    7680  Shreveport-Bossier City, LA...................    0.9007    0.9309
      Bossier, LA                                                           
      Caddo, LA                                                             
      Webster, LA                                                           
    7720  Sioux City, IA-NE.............................    0.8436    0.8901
      Woodbury, IA                                                          
      Dakota, NE                                                            
    7760  Sioux Falls, SD...............................    0.8761    0.9134
      Lincoln, SD                                                           
      Minnehaha, SD                                                         
    7800  South Bend, IN................................    0.9475    0.9637
      St. Joseph, IN                                                        
    7840  Spokane, WA...................................    1.0377    1.0257
      Spokane, WA                                                           
    7880  Springfield, IL...............................    0.8940    0.9261
    
    [[Page 45889]]
                                                                            
      Menard, IL                                                            
      Sangamon, IL                                                          
    7920  Springfield, MO...............................    0.7896    0.8506
      Christian, MO                                                         
      Greene, MO                                                            
      Webster, MO                                                           
    8003  Springfield, MA...............................    1.0517    1.0351
      Hampden, MA                                                           
      Hampshire, MA                                                         
    8050  State College, PA.............................    1.0162    1.0111
      Centre, PA                                                            
    8080  Steubenville-Weirton, OH-WV...................    0.8455    0.8914
      Jefferson, OH                                                         
      Brooke, WV                                                            
      Hancock, WV                                                           
    8120  Stockton-Lodi, CA.............................    1.1672    1.1117
      San Joaquin, CA                                                       
    8140  Sumter, SC....................................    0.8344    0.8834
      Sumter, SC                                                            
    8160  Syracuse, NY..................................    0.9531    0.9676
      Cayuga, NY                                                            
      Madison, NY                                                           
      Onondaga, NY                                                          
      Oswego, NY                                                            
    8200  Tacoma, WA....................................    1.0828    1.0560
      Pierce, WA                                                            
    8240  Tallahassee, FL...............................    0.8321    0.8817
      Gadsden, FL                                                           
      Leon, FL                                                              
    8280  *Tampa-St. Petersburg-Clearwater, FL..........    0.9311    0.9523
      Hernando, FL                                                          
      Hillsborough, FL                                                      
      Pasco, FL                                                             
      Pinellas, FL                                                          
    8320  Terre Haute, IN...............................    0.8672    0.9070
      Clay, IN                                                              
      Vermillion, IN                                                        
      Vigo, IN                                                              
    8360  Texarkana, AR-Texarkana, TX...................    0.8257    0.8771
      Miller, AR                                                            
      Bowie, TX                                                             
    8400  Toledo, OH....................................    1.0330    1.0225
      Fulton, OH                                                            
      Lucas, OH                                                             
      Wood, OH                                                              
    8440  Topeka, KS....................................    0.9735    0.9818
      Shawnee, KS                                                           
    8480  Trenton, NJ...................................    1.0033    1.0023
      Mercer, NJ                                                            
    8520  Tucson, AZ....................................    0.9291    0.9509
      Pima, AZ                                                              
    8560  Tulsa, OK.....................................    0.8245    0.8762
      Creek, OK                                                             
      Osage, OK                                                             
      Rogers, OK                                                            
      Tulsa, OK                                                             
      Wagoner, OK                                                           
    8600  Tuscaloosa, AL................................    0.8090    0.8649
      Tuscaloosa, AL                                                        
    8640  Tyler, TX.....................................    0.9430    0.9606
      Smith, TX                                                             
    8680  Utica-Rome, NY................................    0.8514    0.8957
      Herkimer, NY                                                          
      Oneida, NY                                                            
    8720  Vallejo-Fairfield-Napa, CA....................    1.3040    1.1993
      Napa, CA                                                              
      Solano, CA                                                            
    8735  Ventura, CA...................................    1.2330    1.1542
      Ventura, CA                                                           
    8750  Victoria, TX..................................    0.8435    0.8900
      Victoria, TX                                                          
    8760  Vineland-Millville-Bridgeton, NJ..............    0.9966    0.9977
      Cumberland, NJ                                                        
    8780  Visalia-Tulare-Porterville, CA................    1.0446    1.0303
      Tulare, CA                                                            
    8800  Waco, TX......................................    0.7898    0.8508
      McLennan, TX                                                          
    8840  *Washington, DC-MD-VA-WV......................    1.1075    1.0724
      District of Columbia, DC                                              
      Calvert, MD                                                           
      Charles, MD                                                           
      Frederick, MD                                                         
      Montgomery, MD                                                        
      Prince Georges, MD                                                    
      Alexandria City, VA                                                   
      Arlington, VA                                                         
      Clarke, VA                                                            
      Culpepper, VA                                                         
      Fairfax, VA                                                           
      Fairfax City, VA                                                      
      Falls Church City, VA                                                 
      Fauquier, VA                                                          
      Fredericksburg City, VA                                               
      King George, VA                                                       
      Loudoun, VA                                                           
      Manassas City, VA                                                     
      Manassas Park City, VA                                                
      Prince William, VA                                                    
      Spotsylvania, VA                                                      
      Stafford, VA                                                          
      Warren, VA                                                            
      Berkeley, WV                                                          
      Jefferson, WV                                                         
    8920  Waterloo-Cedar Falls, IA......................    0.8638    0.9046
      Black Hawk, IA                                                        
    8940  Wausau, WI....................................    1.0034    1.0023
      Marathon, WI                                                          
    8960  West Palm Beach-Boca Raton, FL................    1.0096    1.0066
      Palm Beach, FL                                                        
    9000  Wheeling, OH-WV...............................    0.7518    0.8225
      Belmont, OH                                                           
      Marshall, WV                                                          
      Ohio, WV                                                              
    9040  Wichita, KS...................................    0.9562    0.9698
      Butler, KS                                                            
      Harvey, KS                                                            
      Sedgwick, KS                                                          
    9080  Wichita Falls, TX.............................    0.7763    0.8408
      Archer, TX                                                            
      Wichita, TX                                                           
    9140  Williamsport, PA..............................    0.8508    0.8953
      Lycoming, PA                                                          
    9160  Wilmington-Newark, DE-MD......................    1.1539    1.1030
      New Castle, DE                                                        
      Cecil, MD                                                             
    9200  Wilmington, NC................................    0.9299    0.9514
      New Hanover, NC                                                       
      Brunswick, NC                                                         
    9260  Yakima, WA....................................    0.9951    0.9966
      Yakima, WA                                                            
    9270  Yolo, CA......................................    1.1615    1.1080
      Yolo, CA                                                              
    9280  York, PA......................................    0.9165    0.9420
      York, PA                                                              
    9320  Youngstown-Warren, OH.........................    0.9555    0.9693
      Columbiana, OH                                                        
      Mahoning, OH                                                          
      Trumbull, OH                                                          
    9340  Yuba City, CA.................................    1.0611    1.0414
      Sutter, CA                                                            
      Yuba, CA                                                              
    9360  Yuma, AZ......................................    0.9769    0.9841
      Yuma, AZ                                                              
    ------------------------------------------------------------------------
    
    
    
    Table 4b.--Wage Index and Capital Geographic Adjustment Factor (GAF) for
                                   Rural Areas                              
    ------------------------------------------------------------------------
                                                            Wage            
                        Nonurban area                       index      GAF  
    ------------------------------------------------------------------------
    Alabama.............................................    0.7183    0.7973
    Alaska..............................................    1.2034    1.1352
    Arizona.............................................    0.7995    0.8579
    Arkansas............................................    0.6901    0.7757
    California..........................................    1.0096    1.0066
    Colorado............................................    0.7988    0.8574
    Connecticut.........................................    1.3117    1.2042
    Delaware............................................    0.9019    0.9317
    Florida.............................................    0.8668    0.9067
    Georgia.............................................    0.7721    0.8377
    Hawaii..............................................    0.9847    0.9895
    Idaho...............................................    0.8378    0.8859
    Illinois............................................    0.7497    0.8210
    Indiana.............................................    0.8067    0.8632
    Iowa................................................    0.7352    0.8101
    Kansas..............................................    0.7229    0.8007
    Kentucky............................................    0.7660    0.8331
    Louisiana...........................................    0.7275    0.8042
    Maine...............................................    0.8425    0.8893
    Maryland............................................    0.8463    0.8920
    Massachusetts.......................................    1.0577    1.0392
    Michigan............................................    0.8744    0.9122
    Minnesota...........................................    0.8129    0.8677
    Mississippi.........................................    0.6697    0.7599
    Missouri............................................    0.7187    0.7976
    Montana.............................................    0.8091    0.8650
    Nebraska............................................    0.7219    0.8000
    Nevada..............................................    0.8788    0.9153
    New Hampshire.......................................    1.0013   1.0009 
    
    [[Page 45890]]
                                                                            
    New Jersey \1\......................................  ........  ........
    New Mexico..........................................    0.8329    0.8823
    New York............................................    0.8647    0.9052
    North Carolina......................................    0.7983    0.8570
    North Dakota........................................    0.7265    0.8035
    Ohio................................................    0.8286    0.8792
    Oklahoma............................................    0.6985    0.7821
    Oregon..............................................    0.9486    0.9645
    Pennsylvania........................................    0.8521    0.8962
    Puerto Rico.........................................    0.4326    0.5634
    Rhode Island \1\....................................  ........  ........
    South Carolina......................................    0.7738    0.8389
    South Dakota........................................    0.6987    0.7823
    Tennessee...........................................    0.7409    0.8144
    Texas...............................................    0.7302    0.8063
    Utah................................................    0.8652    0.9056
    Vermont.............................................    0.9043    0.9334
    Virginia............................................    0.7801    0.8436
    Washington..........................................    0.9775    0.9845
    West Virginia.......................................    0.8069    0.8634
    Wisconsin...........................................    0.8391    0.8868
    Wyoming.............................................    0.8013    0.8592
    ------------------------------------------------------------------------
    \1\ All counties within the State are classified urban.                 
    
    
    
    Table 4c.--Wage Index and Capital Geographic Adjustment Factor (GAF) for
                         Hospitals That Are Reclassified                    
    ------------------------------------------------------------------------
                                                            Wage            
                    Area reclassified to                    index      GAF  
    ------------------------------------------------------------------------
    Abilene, TX.........................................    0.8546    0.8980
    Albuquerque, NM.....................................    0.9542    0.9684
    Alexandria, LA......................................    0.8010    0.8590
    Allentown-Bethlehem-Easton, PA......................    1.0198    1.0135
    Amarillo, TX........................................    0.8759    0.9133
    Anchorage, AK.......................................    1.3373    1.2202
    Asheville, NC.......................................    0.9218    0.9458
    Atlanta, GA.........................................    1.0069    1.0047
    Augusta-Aiken, GA-SC................................    0.8955    0.9272
    Baton Rouge, LA.....................................    0.8670    0.9069
    Benton Harbor, MI...................................    0.8304    0.8805
    Benton Harbor, MI (Rural Michigan Hosp.)............    0.8744    0.9122
    Bergen-Passaic, NJ..................................    1.1329    1.0892
    Biloxi-Gulfport-Pascagoula, MS......................    0.8448    0.8909
    Birmingham, AL......................................    0.9144    0.9406
    Bismarck, ND........................................    0.8172    0.8709
    Boise City, ID......................................    0.9150    0.9410
    Boston-Brockton-Nashua, MA-NH.......................    1.1685    1.1125
    Brazoria, TX........................................    0.7724    0.8379
    Casper, WY..........................................    0.8662    0.9063
    Champaign-Urbana, IL................................    0.8664    0.9065
    Charleston-North Charleston, SC.....................    0.8930    0.9254
    Charleston, WV......................................    0.9317    0.9527
    Charlotte-Gastonia-Rock Hill, NC-SC.................    0.9668    0.9771
    Charlottesville, VA.................................    0.9030    0.9325
    Chattanooga, TN-GA..................................    0.9015    0.9315
    Chicago, IL.........................................    1.0511    1.0347
    Cincinnati, OH-KY-IN................................    0.9418    0.9598
    Cleveland-Lorain-Elyria, OH.........................    0.9835    0.9887
    Columbia, MO........................................    0.9151    0.9411
    Columbus, GA-AL.....................................    0.7756    0.8403
    Columbus, OH........................................    0.9734    0.9817
    Dallas, TX..........................................    0.9804    0.9865
    Davenport-Rock Island-Moline, IA-IL.................    0.8347    0.8836
    Dayton-Springfield, OH..............................    0.9428    0.9605
    Denver, CO..........................................    1.0447    1.0304
    Des Moines, IA......................................    0.8684    0.9079
    Detroit, MI.........................................    1.0834    1.0564
    Duluth-Superior, MN-WI..............................    0.9660    0.9766
    Dutchess County, NY.................................    1.0546    1.0371
    Eau Claire, WI......................................    0.8660    0.9062
    Elkhart-Goshen, IN..................................    0.8806    0.9166
    Eugene-Springfield, OR..............................    1.1184    1.0796
    Fargo-Moorhead, ND-MN...............................    0.8912    0.9242
    Fayetteville, NC....................................    0.8504    0.8950
    Flint, MI...........................................    1.0738    1.0500
    Florence, AL........................................    0.7970    0.8561
    Florence, SC........................................    0.8537    0.8973
    Fort Lauderdale, FL.................................    1.0952    1.0643
    Fort Pierce-Port St Lucie, FL.......................    1.0069    1.0047
    Fort Smith, AR-OK...................................    0.7608    0.8293
    Fort Walton Beach, FL...............................    0.8705    0.9094
    Fort Worth-Arlington, TX............................    1.0052    1.0036
    Gadsden, AL.........................................    0.8568    0.8996
    Grand Forks, ND-MN..................................    0.8983    0.9292
    Great Falls, MT.....................................    0.9039    0.9331
    Greeley, CO.........................................    0.8993    0.9299
    Green Bay, WI.......................................    0.9190    0.9438
    Greenville-Spartanburg-Anderson, SC.................    0.9047    0.9337
    Harrisburg-Lebanon-Carlisle, PA.....................    0.9972    0.9981
    Hartford, CT........................................    1.2228    1.1477
    Honolulu, HI........................................    1.1212    1.0815
    Houston, TX.........................................    0.9874    0.9914
    Huntington-Ashland, WV-KY-OH........................    0.8997    0.9302
    Huntsville, AL......................................    0.7948    0.8545
    Indianapolis, IN....................................    0.9647    0.9757
    Jackson, MS.........................................    0.7642    0.8318
    Jacksonville, FL....................................    0.8953    0.9271
    Johnson City-Kingsport-Bristol, TN-VA...............    0.8769    0.9140
    Joplin, MO..........................................    0.7923    0.8526
    Kalamazoo-Battlecreek, MI...........................    1.0449    1.0305
    Kansas City, KS-MO..................................    0.9351    0.9551
    Knoxville, TN.......................................    0.8518    0.8960
    Lafayette, LA.......................................    0.8498    0.8945
    Lansing-East Lansing, MI............................    1.0105    1.0072
    Las Vegas, NV-AZ....................................    1.0934    1.0631
    Lexington, KY.......................................    0.8348    0.8837
    Lima, OH............................................    0.8863    0.9207
    Lincoln, NE.........................................    0.8885    0.9222
    Little Rock-North Little Rock, AR...................    0.8527    0.8966
    Longview-Marshall, TX...............................    0.8479    0.8932
    Los Angeles-Long Beach, CA..........................    1.2461    1.1626
    Louisville, KY-IN...................................    0.9327    0.9534
    Lubbock, TX.........................................    0.8443    0.8906
    Madison, WI.........................................    1.0055    1.0038
    Mansfield, OH.......................................    0.8373    0.8855
    Medford-Ashland, OR.................................    1.0162    1.0111
    Memphis, TN-AR-MS...................................    0.8292    0.8796
    Middlesex-Somerset-Hunterdon, NJ....................    1.0355    1.0242
    Milwaukee-Waukesha, WI..............................    0.9498    0.9653
    Minneapolis-St. Paul, MN-WI.........................    1.0744    1.0504
    Modesto, CA.........................................    1.0658    1.0446
    Monroe, LA..........................................    0.7948    0.8545
    Montgomery, AL......................................    0.7901    0.8510
    Nashville, TN.......................................    0.9266    0.9491
    New London-Norwich, CT..............................    1.2088    1.1387
    New Orleans, LA.....................................    0.9454    0.9623
    New York, NY........................................    1.3852    1.2500
    Newark, NJ..........................................    1.1241    1.0834
    Newburgh, NY-PA.....................................    1.0619    1.0420
    Oakland, CA.........................................    1.5203    1.3322
    Odessa-Midland, TX..................................    0.8753    0.9128
    Oklahoma City, OK...................................    0.8358    0.8844
    Omaha, NE-IA........................................    0.9794    0.9858
    Orange County, CA...................................    1.5593    1.3556
    Peoria-Pekin, IL....................................    0.8619    0.9032
    Philadelphia, PA-NJ.................................    1.1098    1.0739
    Pittsburgh, PA......................................    0.9743    0.9823
    Portland, ME........................................    0.9744    0.9824
    Portland-Vancouver, OR-WA...........................    1.1248    1.0839
    Provo-Orem, UT......................................    0.9646    0.9756
    Raleigh-Durham-Chapel Hill, NC......................    0.9539    0.9682
    Rapid City, SD......................................    0.8267    0.8778
    Richland-Kennewick-Pasco, WA........................    0.9768    0.9841
    Roanoke, VA.........................................    0.8570    0.8997
    Rochester, MN.......................................    1.0545    1.0370
    Rockford, IL........................................    0.8872    0.9213
    Rocky Mount, NC.....................................    0.8836    0.9187
    Sacremento, CA......................................    1.2539    1.1676
    Saginaw-Bay City-Midland, MI,.......................    0.9489    0.9647
    St. Cloud, MN.......................................    0.9549    0.9689
    St. Louis, MO-IL....................................    0.8880    0.9219
    Salem, OR...........................................    0.9575    0.9707
    Salinas, CA.........................................    1.4141    1.2678
    Salt Lake City-Ogden, UT............................    0.9681    0.9780
    San Diego, CA.......................................    1.1856    1.1237
    San Francisco, CA...................................    1.4288    1.2768
    San Jose, CA........................................    1.4455    1.2870
    Santa Rosa, CA......................................    1.2574    1.1698
    Sarasota-Bradenton, FL..............................    0.9824    0.9879
    Savannah, GA........................................    0.8968    0.9281
    Seattle-Bellevue-Everett, WA........................    1.1307    1.0878
    Sharon, PA..........................................    0.9093    0.9370
    Sherman-Denison, TX.................................    0.8436    0.8901
    Sioux Falls, SD.....................................    0.8761    0.9134
    South Bend, IN......................................    0.9475    0.9637
    Springfield, IL.....................................    0.8836    0.9187
    Springfield, MO.....................................    0.7896    0.8506
    Stockton, CA........................................    1.1672   1.1117 
    
    [[Page 45891]]
                                                                            
    Syracuse, NY........................................    0.9531    0.9676
    Tampa-St. Petersburg-Clearwater, FL.................    0.9311    0.9523
    Texarkana, TX-Texarkana, AR.........................    0.8257    0.8771
    Topeka, KS..........................................    0.9401    0.9586
    Trenton, NJ.........................................    1.2599    1.1714
    Tucson, AZ..........................................    0.9291    0.9509
    Tulsa, OK...........................................    0.8245    0.8762
    Tyler, TX...........................................    0.9164    0.9420
    Ventura, CA.........................................    1.2330    1.1542
    Victoria, TX........................................    0.8435    0.8900
    Waco, TX............................................    0.7898    0.8508
    Washington, DC-MD-VA-WV.............................    1.1075    1.0724
    Waterloo-Cedar Falls, IA............................    0.8638    0.9046
    Wausau, WI..........................................    0.9679    0.9779
    Wichita, KS.........................................    0.9309    0.9521
    Rural Alabama.......................................    0.7183    0.7973
    Rural Arkansas......................................    0.6901    0.7757
    Rural Florida.......................................    0.8668    0.9067
    Rural Kentucky......................................    0.7660    0.8331
    Rural Louisiana.....................................    0.7275    0.8042
    Rural Michigan......................................    0.8744    0.9122
    Rural Minnesota.....................................    0.8129    0.8677
    Rural Missouri......................................    0.7187    0.7976
    Rural New Hampshire.................................    1.0013    1.0009
    Rural North Carolina................................    0.7983    0.8570
    Rural Virginia......................................    0.7801    0.8436
    Rural West Virginia.................................    0.8069    0.8634
    Rural Wyoming.......................................    0.8013    0.8592
    ------------------------------------------------------------------------
    
    
    
                 Table 4d.--Average Hourly Wage for Urban Areas             
    ------------------------------------------------------------------------
                                                                    Average 
                              Urban area                             hourly 
                                                                      wage  
    ------------------------------------------------------------------------
    Abilene, TX..................................................    16.1778
    Aguadilla, PR................................................     8.9796
    Akron, OH....................................................    18.0935
    Albany, GA...................................................    16.2942
    Albany-Schenectady-Troy, NY..................................    16.6927
    Albuquerque, NM..............................................    18.0635
    Alexandria, LA...............................................    14.9860
    Allentown-Bethlehem-Easton, PA-NJ............................    19.3050
    Altoona, PA..................................................    17.0490
    Amarillo, TX.................................................    16.5798
    Anchorage, AK................................................    25.3141
    Ann Arbor, MI................................................    22.9356
    Anniston, AL.................................................    15.4427
    Appleton-Oshkosh-Neenah, WI..................................    16.7413
    Arecibo, PR..................................................     8.5149
    Asheville, NC................................................    17.4501
    Athens, GA...................................................    17.2208
    Atlanta, GA..................................................    19.0600
    Atlantic City-Cape May, NJ...................................    20.7004
    Augusta-Aiken, GA-SC.........................................    16.9519
    Austin-San Marcos, TX........................................    17.5193
    Bakersfield, CA..............................................    19.8792
    Baltimore, MD................................................    18.6758
    Bangor, ME...................................................    17.7185
    Barnstable-Yarmouth, MA......................................    25.4728
    Baton Rouge, LA..............................................    16.4123
    Beaumont-Port Arthur, TX.....................................    16.2858
    Bellingham, WA...............................................    24.0042
    Benton Harbor, MI............................................    15.6323
    Bergen-Passaic, NJ...........................................    22.1050
    Billings, MT.................................................    16.4779
    Biloxi-Gulfport-Pascagoula, MS...............................    15.9912
    Binghamton, NY...............................................    17.0452
    Birmingham, AL...............................................    17.3090
    Bismarck, ND.................................................    15.7090
    Bloomington, IN..............................................    15.9556
    Bloomington-Normal, IL.......................................    16.5439
    Boise City, ID...............................................    17.1324
    Boston-Brockton-Nashua, MA-NH................................    22.1167
    Boulder-Longmont, CO.........................................    18.5131
    Brazoria, TX.................................................    16.6847
    Bremerton, WA................................................    19.4876
    Brownsville-Harlingen-San Benito, TX.........................    16.3732
    Bryan-College Station, TX....................................    17.0117
    Buffalo-Niagara Falls, NY....................................    17.3886
    Burlington, VT...............................................    17.5139
    Caguas, PR...................................................     8.9087
    Canton-Massillon, OH.........................................    16.5610
    Casper, WY...................................................    15.9558
    Cedar Rapids, IA.............................................    15.8233
    Champaign-Urbana, IL.........................................    16.7843
    Charleston-North Charleston, SC..............................    16.9003
    Charleston, WV...............................................    17.9801
    Charlotte-Gastonia-Rock Hill, NC-SC..........................    18.3004
    Charlottesville, VA..........................................    17.3750
    Chattanooga, TN-GA...........................................    17.2815
    Cheyenne, WY.................................................    15.0213
    Chicago, IL..................................................    20.1255
    Chico-Paradise, CA...........................................    19.9349
    Cincinnati, OH-KY-IN.........................................    17.8270
    Clarksville-Hopkinsville, TN-KY..............................    14.2763
    Cleveland-Lorain-Elyria, OH..................................    18.6165
    Colorado Springs, CO.........................................    17.5930
    Columbia, MO.................................................    17.9090
    Columbia, SC.................................................    17.0995
    Columbus, GA-AL..............................................    14.6815
    Columbus, OH.................................................    18.4253
    Corpus Christi, TX...........................................    16.9241
    Cumberland, MD-WV............................................    15.8483
    Dallas, TX...................................................    18.5580
    Danville, VA.................................................    16.0243
    Davenport-Moline-Rock Island, IA-IL..........................    15.8012
    Dayton-Springfield, OH.......................................    17.8462
    Daytona Beach, FL............................................    16.8507
    Decatur, AL..................................................    15.4835
    Decatur, IL..................................................    14.7466
    Denver, CO...................................................    19.7749
    Des Moines, IA...............................................    16.6435
    Detroit, MI..................................................    20.4975
    Dothan, AL...................................................    14.6729
    Dover, DE....................................................    16.9613
    Dubuque, IA..................................................    15.2452
    Duluth-Superior, MN-WI.......................................    18.2853
    Dutchess County, NY..........................................    20.2495
    Eau Claire, WI...............................................    16.3926
    El Paso, TX..................................................    17.5401
    Elkhart-Goshen, IN...........................................    16.5895
    Elmira, NY...................................................    16.0141
    Enid, OK.....................................................    15.4658
    Erie, PA.....................................................    17.4069
    Eugene-Springfield, OR.......................................    21.0833
    Evansville, Henderson, IN-KY.................................    16.8454
    Fargo-Moorhead, ND-MN........................................    16.8702
    Fayetteville, NC.............................................    16.7399
    Fayetteville-Springdale-Rogers, AR...........................    13.4214
    Flagstaff, AZ-UT.............................................    16.3150
    Flint, MI....................................................    20.3263
    Florence, AL.................................................    14.5759
    Florence, SC.................................................    16.1316
    Fort Collins-Loveland, CO....................................    20.0554
    Fort Lauderdale, FL..........................................    19.8737
    Fort Myers-Cape Coral, FL....................................    18.2967
    Fort Pierce-Fort St Lucie, FL................................    19.6884
    Fort Smith, AR-OK............................................    14.3640
    Fort Walton Beach, FL........................................    16.4775
    Fort Wayne, IN...............................................    16.4522
    Fort Worth-Arlington, TX.....................................    19.0148
    Fresno, CA...................................................    19.9179
    Gadsden, AL..................................................    16.2189
    Gainesville, FL..............................................    17.0500
    Galveston-Texas City, TX.....................................    19.5055
    Gary, IN.....................................................    18.0150
    Glens Falls, NY..............................................    17.5596
    Goldsboro, NC................................................    15.4556
    Grand Forks, ND-MN...........................................    16.9349
    Grand Junction, CO...........................................    16.9556
    Grand Rapids-Muskegon-Holland, MI............................    19.0334
    Great Falls, MT..............................................    16.8712
    Greeley, CO..................................................    17.3139
    Green Bay, WI................................................    16.8657
    Greensboro-Winston-Salem-High Point, NC......................    17.3386
    Greenville, NC...............................................    17.2294
    Greenville-Spartanburg-Anderson, SC..........................    17.1252
    Hagerstown, MD...............................................    17.1762
    Hamilton-Middletown, OH......................................    16.6240
    Harrisburg-Lebanon-Carlisle, PA..............................    18.8766
    Hartford, CT.................................................    23.4548
    Hattiesburg, MS..............................................    13.7150
    Hickory-Morganton-Lenoir, NC.................................    16.4247
    Honolulu, HI.................................................    21.2237
    Houma, LA....................................................    14.3783
    Houston, TX..................................................    18.6920
    Huntington-Ashland, WV-KY-OH.................................    17.0304
    Huntsville, AL...............................................    15.3580
    Indianapolis, IN.............................................    18.4690
    Iowa City, IA................................................    17.7396
    Jackson, MI..................................................    17.2871
    Jackson, MS..................................................    14.2875
    Jackson, TN..................................................    16.1114
    Jacksonville, FL.............................................    16.9472
    Jacksonville, NC.............................................    13.1113
    Jamestown, NY................................................    14.2640
    Janesville-Beloit, WI........................................    16.6310
    Jersey City, NJ..............................................    20.9167
    Johnson City-Kingsport-Bristol, TN-VA........................    16.5566
    Johnstown, PA................................................    16.9376
    Joplin, MO...................................................    14.9986
    Kalamazoo-Battle Creek, MI...................................    20.1733
    Kankakee, IL.................................................    17.2516
    Kansas City, KS-MO...........................................    17.7010
    Kenosha, WI..................................................    16.7936
    Killeen-Temple, TX...........................................    19.9249
    Knoxville, TN................................................    16.1236
    Kokomo, IN...................................................    16.7227
    LaCrosse, WI-MN..............................................    16.1256
    Lafayette, LA................................................   15.9831 
    
    [[Page 45892]]
                                                                            
    Lafayette, IN................................................    15.7641
    Lake Charles, LA.............................................    15.3213
    Lakeland-Winter Haven, FL....................................    16.8079
    Lancaster, PA................................................    18.1140
    Lansing-East Lansing, MI.....................................    19.1281
    Laredo, TX...................................................    12.7772
    Las Cruces, NM...............................................    16.7732
    Las Vegas, NV-AZ.............................................    20.6967
    Lawrence, KS.................................................    16.1829
    Lawton, OK...................................................    16.2688
    Lewiston-Auburn, ME..........................................    17.8565
    Lexington, KY................................................    15.8030
    Lima, OH.....................................................    16.7765
    Lincoln, NE..................................................    17.2129
    Little Rock-North Little Rock, AR............................    16.1414
    Longview-Marshall, TX........................................    16.5201
    Los Angeles-Long Beach, CA...................................    23.6449
    Louisville, KY-IN............................................    17.6559
    Lubbock, TX..................................................    15.9821
    Lynchburg, VA................................................    15.5313
    Macon, GA....................................................    17.0204
    Madison, WI..................................................    19.0333
    Mansfield, OH................................................    15.8496
    Mayaguez, PR.................................................     8.7914
    McAllen-Edinburg-Mission, TX.................................    16.4091
    Medford-Ashland, OR..........................................    18.8231
    Melbourne-Titusville-Palm Bay, FL............................    17.6476
    Memphis, TN-AR-MS............................................    15.8992
    Merced, CA...................................................    20.5898
    Miami, FL....................................................    19.2390
    Middlesex-Somerset-Hunterdon, NJ.............................    20.4619
    Milwaukee-Waukesha, WI.......................................    17.9801
    Minneapolis-St Paul, MN-WI...................................    20.3375
    Mobile, AL...................................................    14.7679
    Modesto, CA..................................................    21.1266
    Monmouth-Ocean, NJ...........................................    19.9942
    Monroe, LA...................................................    14.9551
    Montgomery, AL...............................................    14.9130
    Muncie, IN...................................................    17.2733
    Myrtle Beach, SC.............................................    15.0700
    Naples, FL...................................................    18.6860
    Nashville, TN................................................    17.5408
    Nassau-Suffolk, NY...........................................    25.7257
    New Haven-Bridgeport-Stamford-...............................           
    Danbury-Waterbury, CT........................................    23.7262
    New London-Norwich, CT.......................................    22.5252
    New Orleans, LA..............................................    17.8955
    New York, NY.................................................    26.1508
    Newark, NJ...................................................    22.5401
    Newburgh, NY-PA..............................................    20.1006
    Norfolk-Virginia Beach-Newport News, VA-NC...................    15.9211
    Oakland, CA..................................................    28.7763
    Ocala, FL....................................................    16.9266
    Odessa-Midland, TX...........................................    16.5687
    Oklahoma City, OK............................................    15.8211
    Olympia, WA..................................................    21.0283
    Omaha, NE-IA.................................................    18.5393
    Orange County, CA............................................    23.2815
    Orlando, FL..................................................    18.0111
    Owensboro, KY................................................    14.1939
    Panama City, FL..............................................    15.4882
    Parkersburg-Marietta, WV-OH..................................    14.6723
    Pensacola, FL................................................    15.4904
    Peoria-Pekin, IL.............................................    16.3153
    Philadelphia, PA-NJ..........................................    21.0452
    Phoenix-Mesa, AZ.............................................    18.5670
    Pine Bluff, AR...............................................    15.1147
    Pittsburgh, PA...............................................    18.4432
    Pittsfield, MA...............................................    20.5161
    Ponce, PR....................................................     9.0479
    Portland, ME.................................................    18.4457
    Portland-Vancouver, OR-WA....................................    21.2923
    Providence-Warwick, RI.......................................    20.8739
    Provo-Orem, UT...............................................    18.6323
    Pueblo, CO...................................................    16.1052
    Punta Gorda, FL..............................................    17.7975
    Racine, WI...................................................    16.4769
    Raleigh-Durham-Chapel Hill, NC...............................    18.0562
    Rapid City, SD...............................................    15.6494
    Reading, PA..................................................    18.1153
    Redding, CA..................................................    22.3298
    Reno, NV.....................................................    20.9876
    Richland-Kennewick-Pasco, WA.................................    18.9500
    Richmond-Petersburg, VA......................................    17.1415
    Riverside-San Bernardino, CA.................................    21.9893
    Roanoke, VA..................................................    16.0589
    Rochester, MN................................................    19.9607
    Rochester, NY................................................    18.1442
    Rockford, IL.................................................    16.7939
    Rocky Mount, NC..............................................    16.5823
    Sacramento, CA...............................................    23.7352
    Saginaw-Bay City-Midland, MI.................................    17.9615
    St Cloud, MN.................................................    18.0754
    St Joseph, MO................................................    16.0095
    St Louis, MO-IL..............................................    16.8087
    Salem, OR....................................................    18.1534
    Salinas, CA..................................................    26.9989
    Salt Lake City-Ogden, UT.....................................    18.3253
    San Angelo, TX...............................................    14.7224
    San Antonio, TX..............................................    15.9267
    San Diego, CA................................................    22.4200
    San Francisco, CA............................................    27.2835
    San Jose, CA.................................................    27.3139
    San Juan-Bayamon, PR.........................................     8.5450
    San Luis Obispo-Atascadero-Paso Robles, CA...................    21.5899
    Santa Barbara-Santa Maria-Lompoc, CA.........................    21.0804
    Santa Cruz-Watsonville, CA...................................    26.3954
    Santa Fe, NM.................................................    21.0277
    Santa Rosa, CA...............................................    24.0268
    Sarasota-Bradenton, FL.......................................    18.4321
    Savannah, GA.................................................    16.9751
    Scranton-Wilkes Barre-Hazleton, PA...........................    16.5137
    Seattle-Bellevue-Everett, WA.................................    21.3995
    Sharon, PA...................................................    16.8537
    Sheboygan, WI................................................    15.1072
    Sherman-Denison, TX..........................................    16.6210
    Shreveport-Bossier City, LA..................................    17.0508
    Sioux City, IA-NE............................................    15.9684
    Sioux Falls, SD..............................................    16.5847
    South Bend,IN................................................    17.9364
    Spokane, WA..................................................    19.6432
    Springfield, IL..............................................    16.9223
    Springfield, MO..............................................    14.9476
    Springfield, MA..............................................    19.9089
    State College, PA............................................    19.2360
    Steubenville-Weirton, OH-WV..................................    16.0044
    Stockton-Lodi, CA............................................    21.8377
    Sumter, SC...................................................    15.7945
    Syracuse, NY.................................................    18.0411
    Tacoma, WA...................................................    20.4969
    Tallahassee, FL..............................................    15.7519
    Tampa-St Petersburg-Clearwater, FL...........................    17.5324
    Terre Haute, IN..............................................    16.4157
    Texarkana, TX-Texarkana, AR..................................    15.5180
    Toledo, OH...................................................    19.7316
    Topeka, KS...................................................    18.4279
    Trenton, NJ..................................................    18.9912
    Tucson, AZ...................................................    17.5838
    Tulsa, OK....................................................    15.6073
    Tuscaloosa, AL...............................................    15.3144
    Tyler, TX....................................................    17.8508
    Utica-Rome, NY...............................................    16.1173
    Vallejo-Fairfield-Napa, CA...................................    25.5228
    Ventura, CA..................................................    22.5710
    Victoria, TX.................................................    15.9679
    Vineland-Millville-Bridgeton, NJ.............................    18.8648
    Visalia-Tulare-Porterville, CA...............................    19.7741
    Waco, TX.....................................................    14.9500
    Washington, DC-MD-VA-WV......................................    20.9642
    Waterloo-Cedar Falls, IA.....................................    16.2799
    Wausau, WI...................................................    18.9938
    West Palm Beach-Boca Raton, FL...............................    19.3398
    Wheeling, WV-OH..............................................    14.2319
    Wichita, KS..................................................    18.0997
    Wichita Falls, TX............................................    14.6944
    Williamsport, PA.............................................    16.1054
    Wilmington-Newark, DE-MD.....................................    21.8419
    Wilmington, NC...............................................    17.6028
    Yakima, WA...................................................    18.8374
    Yolo, CA.....................................................    21.9861
    York, PA.....................................................    17.3484
    Youngstown-Warren, OH........................................    18.0869
    Yuba City, CA................................................    20.0865
    Yuma, AZ.....................................................    18.4923
    ------------------------------------------------------------------------
    
    
    
                 Table 4e.--Average Hourly Wage for Rural Areas             
    ------------------------------------------------------------------------
                                                                    Average 
                            Nonurban area                            hourly 
                                                                      wage  
    ------------------------------------------------------------------------
    Alabama......................................................    13.5615
    Alaska.......................................................    22.7793
    Arizona......................................................    15.1344
    Arkansas.....................................................    13.0557
    California...................................................    19.1114
    Colorado.....................................................    15.1209
    Connecticut..................................................    24.8299
    Delaware.....................................................    17.0720
    Florida......................................................    16.4079
    Georgia......................................................    14.6148
    Hawaii.......................................................    18.6401
    Idaho........................................................    15.8589
    Illinois.....................................................    14.1915
    Indiana......................................................    15.2704
    Iowa.........................................................    13.9176
    Kansas.......................................................    13.6838
    Kentucky.....................................................    14.4809
    Louisiana....................................................    13.7719
    Maine........................................................    15.9481
    Maryland.....................................................    16.0195
    Massachusetts................................................    20.0223
    Michigan.....................................................    16.5516
    Minnesota....................................................    15.3842
    Mississippi..................................................    12.6771
    Missouri.....................................................    13.6029
    Montana......................................................    15.3151
    Nebraska.....................................................   13.6661 
    
    [[Page 45893]]
                                                                            
    Nevada.......................................................    16.6350
    New Hampshire................................................    18.9536
    New Jersey \1\...............................................  .........
    New Mexico...................................................    15.7665
    New York.....................................................    16.3687
    North Carolina...............................................    15.1058
    North Dakota.................................................    13.7514
    Ohio.........................................................    15.6847
    Oklahoma.....................................................    13.2228
    Oregon.......................................................    17.9571
    Pennsylvania.................................................    16.1301
    Puerto Rico..................................................     8.1889
    Rhode Island \1\.............................................  .........
    South Carolina...............................................    14.6476
    South Dakota.................................................    13.2255
    Tennessee....................................................    14.0250
    Texas........................................................    13.8226
    Utah.........................................................    16.3774
    Vermont......................................................    17.1172
    Virginia.....................................................    14.7420
    Washington...................................................    18.5043
    West Virginia................................................    15.2110
    Wisconsin....................................................    15.8839
    Wyoming......................................................   15.1685 
    ------------------------------------------------------------------------
    \1\ All counties within the State are classified urban.                 
    
    
    
      Table 5.--List of Diagnosis Related Groups (DRGS), Relative Weighting Factors, Geometric Mean Length of Stay, 
                     and Length of Stay Outlier Cutoff Points Used in the Prospective Payment System                
    ----------------------------------------------------------------------------------------------------------------
                                                                       Relative    Geometric  Arithmetic    Outlier 
                                                                        weights    mean LOS    mean LOS    threshold
    ----------------------------------------------------------------------------------------------------------------
    1.......       01  SURG          CRANIOTOMY AGE >17 EXCEPT FOR        3.0932         8.7        12.4          32
                                      TRAUMA.                                                                       
    2.......       01  SURG          CRANIOTOMY FOR TRAUMA AGE >17..      3.0095         9.0        12.6          32
    3.......       01  SURG          *CRANIOTOMY AGE 0-17...........      1.8848        12.7        12.7          36
    4.......       01  SURG          SPINAL PROCEDURES..............      2.3296         6.5        10.0          29
    5.......       01  SURG          EXTRACRANIAL VASCULAR                1.5798         4.0         5.2          27
                                      PROCEDURES.                                                                   
    6.......       01  SURG          CARPAL TUNNEL RELEASE..........       .8124         2.4         4.0          25
    7.......       01  SURG          PERIPH & CRANIAL NERVE & OTHER       2.6017         9.3        14.7          32
                                      NERV SYST PROC W CC.                                                          
    8.......       01  SURG          PERIPH & CRANIAL NERVE & OTHER       1.1794         3.1         4.6          26
                                      NERV SYST PROC W/O CC.                                                        
    9.......       01  MED           SPINAL DISORDERS & INJURIES....      1.3047         5.7         8.5          29
    10......       01  MED           NERVOUS SYSTEM NEOPLASMS W CC..      1.2299         6.2         8.9          29
    11......       01  MED           NERVOUS SYSTEM NEOPLASMS W/O CC       .8000         3.8         5.3          27
    12......       01  MED           DEGENERATIVE NERVOUS SYSTEM           .9891         6.0         8.7          29
                                      DISORDERS.                                                                    
    13......       01  MED           MULTIPLE SCLEROSIS & CEREBELLAR       .7858         5.4         6.9          28
                                      ATAXIA.                                                                       
    14......       01  MED           SPECIFIC CEREBROVASCULAR             1.2065         6.0         8.2          29
                                      DISORDERS EXCEPT TIA.                                                         
    15......       01  MED           TRANSIENT ISCHEMIC ATTACK &           .7227         3.8         4.9          27
                                      PRECEREBRAL OCCLUSIONS.                                                       
    16......       01  MED           NONSPECIFIC CEREBROVASCULAR          1.0639         5.4         7.4          28
                                      DISORDERS W CC.                                                               
    17......       01  MED           NONSPECIFIC CEREBROVASCULAR           .6026         3.2         4.3          26
                                      DISORDERS W/O CC.                                                             
    18......       01  MED           CRANIAL & PERIPHERAL NERVE            .9242         5.1         6.9          28
                                      DISORDERS W CC.                                                               
    19......       01  MED           CRANIAL & PERIPHERAL NERVE            .5990         3.6         4.7          27
                                      DISORDERS W/O CC.                                                             
    20......       01  MED           NERVOUS SYSTEM INFECTION EXCEPT      2.1157         8.3        11.5          31
                                      VIRAL MENINGITIS.                                                             
    21......       01  MED           VIRAL MENINGITIS...............      1.5350         6.5         8.7          30
    22......       01  MED           HYPERTENSIVE ENCEPHALOPATHY....       .8127         4.0         5.1          27
    23......       01  MED           NONTRAUMATIC STUPOR & COMA.....       .8090         3.9         5.5          27
    24......       01  MED           SEIZURE & HEADACHE AGE >17 W CC       .9908         4.6         6.5          28
    25......       01  MED           SEIZURE & HEADACHE AGE >17 W/O        .5681         3.1         4.1          26
                                      CC.                                                                           
    26......       01  MED           SEIZURE & HEADACHE AGE 0-17....       .8993         3.1         4.5          26
    27......       01  MED           TRAUMATIC STUPOR & COMA, COMA        1.3476         3.9         7.2          27
                                      >1 HR.                                                                        
    28......       01  MED           TRAUMATIC STUPOR & COMA, COMA        1.2001         5.2         7.9          28
                                      <1 hr="" age="">17 W CC.                                                           
    29......       01  MED           TRAUMATIC STUPOR & COMA, COMA         .6217         3.1         4.4          26
                                      <1 hr="" age="">17 W/O CC.                                                         
    30......       01  MED           *TRAUMATIC STUPOR & COMA, COMA        .3187         2.0         2.0          17
                                      <1 hr="" age="" 0-17.="" 31......="" 01="" med="" concussion="" age="">17 W CC........       .7934         3.8         5.7          27
    32......       01  MED           CONCUSSION AGE >17 W/O CC......       .4819         2.4         3.3          22
    33......       01  MED           *CONCUSSION AGE 0-17...........       .2003         1.6         1.6           9
    34......       01  MED           OTHER DISORDERS OF NERVOUS           1.0569         4.9         6.9          28
                                      SYSTEM W CC.                                                                  
    35......       01  MED           OTHER DISORDERS OF NERVOUS            .5914         3.4         4.8          26
                                      SYSTEM W/O CC.                                                                
    36......       02  SURG          RETINAL PROCEDURES.............       .5930         1.4         1.7           7
    37......       02  SURG          ORBITAL PROCEDURES.............       .8821         2.6         4.1          26
    38......       02  SURG          PRIMARY IRIS PROCEDURES........       .4243         2.0         2.7          17
    39......       02  SURG          LENS PROCEDURES WITH OR WITHOUT       .5036         1.5         1.9           9
                                      VITRECTOMY.                                                                   
    40......       02  SURG          EXTRAOCULAR PROCEDURES EXCEPT         .7000         2.3         3.6          25
                                      ORBIT AGE >17.                                                                
    41......       02  SURG          *EXTRAOCULAR PROCEDURES EXCEPT        .3244         1.6         1.6          7 
                                      ORBIT AGE 0-17.                                                               
    
    [[Page 45894]]
                                                                                                                    
    42......       02  SURG          INTRAOCULAR PROCEDURES EXCEPT         .5615         1.6         2.2          12
                                      RETINA, IRIS & LENS.                                                          
    43......       02  MED           HYPHEMA........................       .3665         3.0         3.8          25
    44......       02  MED           ACUTE MAJOR EYE INFECTIONS.....       .6150         4.8         5.9          28
    45......       02  MED           NEUROLOGICAL EYE DISORDERS.....       .6460         3.4         4.3          25
    46......       02  MED           OTHER DISORDERS OF THE EYE AGE        .7593         4.2         5.9          27
                                      >17 W CC.                                                                     
    47......       02  MED           OTHER DISORDERS OF THE EYE AGE        .4539         3.0         4.0          26
                                      >17 W/O CC.                                                                   
    48......       02  MED           *OTHER DISORDERS OF THE EYE AGE       .2859         2.9         2.9          26
                                      0-17.                                                                         
    49......       03  SURG          MAJOR HEAD & NECK PROCEDURES...      1.7701         4.7         7.0          28
    50......       03  SURG          SIALOADENECTOMY................       .7522         1.8         2.4          12
    51......       03  SURG          SALIVARY GLAND PROCEDURES             .7325         2.0         3.0          23
                                      EXCEPT SIALOADENECTOMY.                                                       
    52......       03  SURG          CLEFT LIP & PALATE REPAIR......       .8492         2.4         3.4          25
    53......       03  SURG          SINUS & MASTOID PROCEDURES AGE        .9392         2.3         3.7          25
                                      >17.                                                                          
    54......       03  SURG          *SINUS & MASTOID PROCEDURES AGE       .4634         3.2         3.2          22
                                      0-17.                                                                         
    55......       03  SURG          MISCELLANEOUS EAR, NOSE, MOUTH        .7238         1.9         3.0          22
                                      & THROAT PROCEDURES.                                                          
    56......       03  SURG          RHINOPLASTY....................       .8195         2.1         3.0          21
    57......       03  SURG          T&A PROC, EXCEPT TONSILLECTOMY       1.0450         3.2         4.9          26
                                      &/OR ADENOIDECTOMY ONLY, AGE                                                  
                                      >17.                                                                          
    58......       03  SURG          *T&A PROC, EXCEPT TONSILLECTOMY       .2631         1.5         1.5           4
                                      &/OR ADENOIDECTOMY ONLY, AGE 0-                                               
                                      17.                                                                           
    59......       03  SURG          TONSILLECTOMY &/OR                    .5963         2.1         2.9          19
                                      ADENOIDECTOMY ONLY, AGE >17.                                                  
    60......       03  SURG          *TONSILLECTOMY &/OR                   .2004         1.5         1.5           4
                                      ADENOIDECTOMY ONLY, AGE 0-17.                                                 
    61......       03  SURG          MYRINGOTOMY W TUBE INSERTION         1.2221         3.1         5.9          26
                                      AGE >17.                                                                      
    62......       03  SURG          *MYRINGOTOMY W TUBE INSERTION         .2837         1.3         1.3           5
                                      AGE 0-17.                                                                     
    63......       03  SURG          OTHER EAR, NOSE, MOUTH & THROAT      1.1462         3.3         4.9          26
                                      O.R. PROCEDURES.                                                              
    64......       03  MED           EAR, NOSE, MOUTH & THROAT            1.1887         5.1         8.2          28
                                      MALIGNANCY.                                                                   
    65......       03  MED           DYSEQUILIBRIUM.................       .5162         2.9         3.7          22
    66......       03  MED           EPISTAXIS......................       .5306         3.0         3.9          24
    67......       03  MED           EPIGLOTTITIS...................       .8060         3.4         4.3          25
    68......       03  MED           OTITIS MEDIA & URI AGE >17 W CC       .7094         4.2         5.2          27
    69......       03  MED           OTITIS MEDIA & URI AGE >17 W/O        .5270         3.4         4.1          21
                                      CC.                                                                           
    70......       03  MED           OTITIS MEDIA & URI AGE 0-17....       .3129         2.4         3.0          17
    71......       03  MED           LARYNGOTRACHEITIS..............       .7206         3.6         4.4          25
    72......       03  MED           NASAL TRAUMA & DEFORMITY.......       .6419         3.0         4.7          26
    73......       03  MED           OTHER EAR, NOSE, MOUTH & THROAT       .7730         4.0         5.4          27
                                      DIAGNOSES AGE >17.                                                            
    74......       03  MED           *OTHER EAR, NOSE, MOUTH &             .3223         2.1         2.1          20
                                      THROAT DIAGNOSES AGE 0-17.                                                    
    75......       04  SURG          MAJOR CHEST PROCEDURES.........      3.1034         9.3        11.9          32
    76......       04  SURG          OTHER RESP SYSTEM O.R.               2.5601         9.6        13.4          33
                                      PROCEDURES W CC.                                                              
    77......       04  SURG          OTHER RESP SYSTEM O.R.               1.1219         3.9         5.9          27
                                      PROCEDURES W/O CC.                                                            
    78......       04  MED           PULMONARY EMBOLISM.............      1.4136         7.4         8.8          30
    79......       04  MED           RESPIRATORY INFECTIONS &             1.6625         7.8        10.1          31
                                      INFLAMMATIONS AGE >17 W CC.                                                   
    80......       04  MED           RESPIRATORY INFECTIONS &              .9508         5.7         7.2          29
                                      INFLAMMATIONS AGE >17 W/O CC.                                                 
    81......       04  MED           RESPIRATORY INFECTIONS &              .9558         4.7         6.7          28
                                      INFLAMMATIONS AGE 0-17.                                                       
    82......       04  MED           RESPIRATORY NEOPLASMS..........      1.3166         6.0         8.4          29
    83......       04  MED           MAJOR CHEST TRAUMA W CC........       .9557         5.2         6.9          28
    84......       04  MED           MAJOR CHEST TRAUMA W/O CC......       .5002         3.0         4.2          25
    85......       04  MED           PLEURAL EFFUSION W CC..........      1.1917         5.9         7.9          29
    86......       04  MED           PLEURAL EFFUSION W/O CC........       .6848         3.6         4.6          27
    87......       04  MED           PULMONARY EDEMA & RESPIRATORY        1.3589         5.3         7.3          28
                                      FAILURE.                                                                      
    88......       04  MED           CHRONIC OBSTRUCTIVE PULMONARY        1.0018         5.3         6.6          28
                                      DISEASE.                                                                      
    89......       04  MED           SIMPLE PNEUMONIA & PLEURISY AGE      1.1211         6.2         7.6          29
                                      >17 W CC.                                                                     
    90......       04  MED           SIMPLE PNEUMONIA & PLEURISY AGE       .6996         4.7         5.5          26
                                      >17 W/O CC.                                                                   
    91......       04  MED           SIMPLE PNEUMONIA & PLEURISY AGE       .8366         4.4         6.0          27
                                      0-17.                                                                         
    92......       04  MED           INTERSTITIAL LUNG DISEASE W CC.      1.2000         6.0         7.7          29
    93......       04  MED           INTERSTITIAL LUNG DISEASE W/O         .7550         4.2         5.3          27
                                      CC.                                                                           
    94......       04  MED           PNEUMOTHORAX W CC..............      1.2378         6.2         8.1          29
    95......       04  MED           PNEUMOTHORAX W/O CC............       .6242         3.8         4.7          26
    96......       04  MED           BRONCHITIS & ASTHMA AGE >17 W         .8390         4.9         5.9          28
                                      CC.                                                                           
    97......       04  MED           BRONCHITIS & ASTHMA AGE >17 W/O       .6089         3.8         4.6          23
                                      CC.                                                                           
    98......       04  MED           BRONCHITIS & ASTHMA AGE 0-17...       .6696         4.2         5.1         27 
    
    [[Page 45895]]
                                                                                                                    
    99......       04  MED           RESPIRATORY SIGNS & SYMPTOMS W        .6959         2.9         3.9          26
                                      CC.                                                                           
    100.....       04  MED           RESPIRATORY SIGNS & SYMPTOMS W/       .5034         2.1         2.6          14
                                      O CC.                                                                         
    101.....       04  MED           OTHER RESPIRATORY SYSTEM              .9120         4.5         6.0          27
                                      DIAGNOSES W CC.                                                               
    102.....       04  MED           OTHER RESPIRATORY SYSTEM              .5595         2.9         4.0          26
                                      DIAGNOSES W/O CC.                                                             
    103.....       05  SURG          HEART TRANSPLANT...............     13.8273        27.4        39.1          50
    104.....       05  SURG          CARDIAC VALVE PROCEDURES W           7.3143        13.3        16.0          36
                                      CARDIAC CATH.                                                                 
    105.....       05  SURG          CARDIAC VALVE PROCEDURES W/O         5.6310        10.0        12.0          33
                                      CARDIAC CATH.                                                                 
    106.....       05  SURG          CORONARY BYPASS W CARDIAC CATH.      5.6187        11.2        12.7          34
    107.....       05  SURG          CORONARY BYPASS W/O CARDIAC          4.1803         8.6         9.8          32
                                      CATH.                                                                         
    108.....       05  SURG          OTHER CARDIOTHORACIC PROCEDURES      5.9455        10.5        13.5          33
    109.....                         NO LONGER VALID................       .0000          .0          .0           0
    110.....       05  SURG          MAJOR CARDIOVASCULAR PROCEDURES      4.1308         8.7        11.6          32
                                      W CC.                                                                         
    111.....       05  SURG          MAJOR CARDIOVASCULAR PROCEDURES      2.2584         6.3         7.2          29
                                      W/O CC.                                                                       
    112.....       05  SURG          PERCUTANEOUS CARDIOVASCULAR          1.9922         3.6         5.0          27
                                      PROCEDURES.                                                                   
    113.....       05  SURG          AMPUTATION FOR CIRC SYSTEM           2.7536        11.6        16.0          35
                                      DISORDERS EXCEPT UPPER LIMB &                                                 
                                      TOE.                                                                          
    114.....       05  SURG          UPPER LIMB & TOE AMPUTATION FOR      1.5383         7.4        10.5          30
                                      CIRC SYSTEM DISORDERS.                                                        
    115.....       05  SURG          PERM CARDIAC PACEMAKER IMPLANT       3.5513         9.5        11.8          33
                                      W AMI, HEART FAILURE OR SHOCK.                                                
    116.....       05  SURG          OTH PERM CARDIAC PACEMAKER           2.3949         4.2         5.9          27
                                      IMPLANT OR AICD LEAD OR                                                       
                                      GENERATOR PROC.                                                               
    117.....       05  SURG          CARDIAC PACEMAKER REVISION           1.1454         3.0         4.5          26
                                      EXCEPT DEVICE REPLACEMENT.                                                    
    118.....       05  SURG          CARDIAC PACEMAKER DEVICE             1.5260         2.2         3.4          25
                                      REPLACEMENT.                                                                  
    119.....       05  SURG          VEIN LIGATION & STRIPPING......      1.1247         3.4         5.9          26
    120.....       05  SURG          OTHER CIRCULATORY SYSTEM O.R.        1.9531         5.8        10.1          29
                                      PROCEDURES.                                                                   
    121.....       05  MED           CIRCULATORY DISORDERS W AMI &        1.6459         7.0         8.4          30
                                      C.V. COMP DISCH ALIVE.                                                        
    122.....       05  MED           CIRCULATORY DISORDERS W AMI W/O      1.1614         4.9         5.8          28
                                      C.V. COMP DISCH ALIVE.                                                        
    123.....       05  MED           CIRCULATORY DISORDERS W AMI,         1.4370         2.8         4.9          26
                                      EXPIRED.                                                                      
    124.....       05  MED           CIRCULATORY DISORDERS EXCEPT         1.2933         4.0         5.3          27
                                      AMI, W CARD CATH & COMPLEX                                                    
                                      DIAG.                                                                         
    125.....       05  MED           CIRCULATORY DISORDERS EXCEPT          .8767         2.4         3.2          22
                                      AMI, W CARD CATH W/O COMPLEX                                                  
                                      DIAG.                                                                         
    126.....       05  MED           ACUTE & SUBACUTE ENDOCARDITIS..      2.6049        12.3        16.3          35
    127.....       05  MED           HEART FAILURE & SHOCK..........      1.0302         5.2         6.7          28
    128.....       05  MED           DEEP VEIN THROMBOPHLEBITIS.....       .7929         6.3         7.2          29
    129.....       05  MED           CARDIAC ARREST, UNEXPLAINED....      1.1376         2.1         3.7          25
    130.....       05  MED           PERIPHERAL VASCULAR DISORDERS W       .9384         5.6         7.2          29
                                      CC.                                                                           
    131.....       05  MED           PERIPHERAL VASCULAR DISORDERS W/      .6002         4.5         5.5          27
                                      O CC.                                                                         
    132.....       05  MED           ATHEROSCLEROSIS W CC...........       .6861         3.1         4.0          23
    133.....       05  MED           ATHEROSCLEROSIS W/O CC.........       .5347         2.5         3.1          18
    134.....       05  MED           HYPERTENSION...................       .5800         3.3         4.2          25
    135.....       05  MED           CARDIAC CONGENITAL & VALVULAR         .8988         4.1         5.7          27
                                      DISORDERS AGE >17 W CC.                                                       
    136.....       05  MED           CARDIAC CONGENITAL & VALVULAR         .5789         2.8         3.6          22
                                      DISORDERS AGE >17 W/O CC.                                                     
    137.....       05  MED           *CARDIAC CONGENITAL & VALVULAR        .7866         3.3         3.3          26
                                      DISORDERS AGE 0-17.                                                           
    138.....       05  MED           CARDIAC ARRHYTHMIA & CONDUCTION       .8049         3.7         5.0          27
                                      DISORDERS W CC.                                                               
    139.....       05  MED           CARDIAC ARRHYTHMIA & CONDUCTION       .4945         2.5         3.2          18
                                      DISORDERS W/O CC.                                                             
    140.....       05  MED           ANGINA PECTORIS................       .6312         3.1         3.8          22
    141.....       05  MED           SYNCOPE & COLLAPSE W CC........       .7149         3.7         5.0          27
    142.....       05  MED           SYNCOPE & COLLAPSE W/O CC......       .5216         2.7         3.5          20
    143.....       05  MED           CHEST PAIN.....................       .5159         2.3         2.8          15
    144.....       05  MED           OTHER CIRCULATORY SYSTEM             1.0689         4.3         6.1          27
                                      DIAGNOSES W CC.                                                               
    145.....       05  MED           OTHER CIRCULATORY SYSTEM              .6204         2.7         3.5          22
                                      DIAGNOSES W/O CC.                                                             
    146.....       06  SURG          RECTAL RESECTION W CC..........      2.5898        10.2        11.8          33
    147.....       06  SURG          RECTAL RESECTION W/O CC........      1.5368         7.2         7.9          29
    148.....       06  SURG          MAJOR SMALL & LARGE BOWEL            3.3264        11.7        14.2          35
                                      PROCEDURES W CC.                                                              
    149.....       06  SURG          MAJOR SMALL & LARGE BOWEL            1.5654         7.4         8.1          26
                                      PROCEDURES W/O CC.                                                            
    150.....       06  SURG          PERITONEAL ADHESIOLYSIS W CC...      2.6561        10.1        12.4          33
    151.....       06  SURG          PERITONEAL ADHESIOLYSIS W/O CC.      1.2606         5.5         6.8          29
    152.....       06  SURG          MINOR SMALL & LARGE BOWEL            1.8860         8.0         9.7         31 
                                      PROCEDURES W CC.                                                              
    
    [[Page 45896]]
                                                                                                                    
    153.....       06  SURG          MINOR SMALL & LARGE BOWEL            1.1257         5.7         6.4          26
                                      PROCEDURES W/O CC.                                                            
    154.....       06  SURG          STOMACH, ESOPHAGEAL & DUODENAL       4.2102        12.6        16.1          36
                                      PROCEDURES AGE >17 W CC.                                                      
    155.....       06  SURG          STOMACH, ESOPHAGEAL & DUODENAL       1.3885         5.4         6.7          28
                                      PROCEDURES AGE >17 W/O CC.                                                    
    156.....       06  SURG          *STOMACH, ESOPHAGEAL & DUODENAL       .8101         6.0         6.0          29
                                      PROCEDURES AGE 0-17.                                                          
    157.....       06  SURG          ANAL & STOMAL PROCEDURES W CC..      1.1048         4.3         6.1          27
    158.....       06  SURG          ANAL & STOMAL PROCEDURES W/O CC       .5789         2.3         3.0          18
    159.....       06  SURG          HERNIA PROCEDURES EXCEPT             1.1707         4.1         5.6          27
                                      INGUINAL & FEMORAL AGE >17 W                                                  
                                      CC.                                                                           
    160.....       06  SURG          HERNIA PROCEDURES EXCEPT              .6746         2.5         3.1          17
                                      INGUINAL & FEMORAL AGE >17 W/O                                                
                                      CC.                                                                           
    161.....       06  SURG          INGUINAL & FEMORAL HERNIA             .9554         3.1         4.5          26
                                      PROCEDURES AGE >17 W CC.                                                      
    162.....       06  SURG          INGUINAL & FEMORAL HERNIA             .5365         1.8         2.2          11
                                      PROCEDURES AGE >17 W/O CC.                                                    
    163.....       06  SURG          HERNIA PROCEDURES AGE 0-17.....       .7578         3.5         5.0          27
    164.....       06  SURG          APPENDECTOMY W COMPLICATED           2.2374         8.5         9.9          31
                                      PRINCIPAL DIAG W CC.                                                          
    165.....       06  SURG          APPENDECTOMY W COMPLICATED           1.2365         5.3         6.1          25
                                      PRINCIPAL DIAG W/O CC.                                                        
    166.....       06  SURG          APPENDECTOMY W/O COMPLICATED         1.3695         4.9         6.1          28
                                      PRINCIPAL DIAG W CC.                                                          
    167.....       06  SURG          APPENDECTOMY W/O COMPLICATED          .7892         3.0         3.6          16
                                      PRINCIPAL DIAG W/O CC.                                                        
    168.....       03  SURG          MOUTH PROCEDURES W CC..........      1.1761         3.6         5.6          27
    169.....       03  SURG          MOUTH PROCEDURES W/O CC........       .6434         2.0         2.7          17
    170.....       06  SURG          OTHER DIGESTIVE SYSTEM O.R.          2.7116         9.1        13.3          32
                                      PROCEDURES W CC.                                                              
    171.....       06  SURG          OTHER DIGESTIVE SYSTEM O.R.          1.1628         4.4         6.2          27
                                      PROCEDURES W/O CC.                                                            
    172.....       06  MED           DIGESTIVE MALIGNANCY W CC......      1.2898         6.1         8.8          29
    173.....       06  MED           DIGESTIVE MALIGNANCY W/O CC....       .6569         3.2         4.6          26
    174.....       06  MED           G.I. HEMORRHAGE W CC...........       .9880         4.7         6.0          28
    175.....       06  MED           G.I. HEMORRHAGE W/O CC.........       .5457         3.1         3.8          19
    176.....       06  MED           COMPLICATED PEPTIC ULCER.......      1.0563         5.0         6.5          28
    177.....       06  MED           UNCOMPLICATED PEPTIC ULCER W CC       .8270         4.4         5.4          27
    178.....       06  MED           UNCOMPLICATED PEPTIC ULCER W/O        .5990         3.2         3.9          21
                                      CC.                                                                           
    179.....       06  MED           INFLAMMATORY BOWEL DISEASE.....      1.0993         6.0         7.8          29
    180.....       06  MED           G.I. OBSTRUCTION W CC..........       .9240         5.0         6.5          28
    181.....       06  MED           G.I. OBSTRUCTION W/O CC........       .5231         3.4         4.2          23
    182.....       06  MED           ESOPHAGITIS, GASTROENT & MISC         .7794         4.1         5.4          27
                                      DIGEST DISORDERS AGE >17 W CC.                                                
    183.....       06  MED           ESOPHAGITIS, GASTROENT & MISC         .5480         3.0         3.7          22
                                      DIGEST DISORDERS AGE >17 W/O                                                  
                                      CC.                                                                           
    184.....       06  MED           ESOPHAGITIS, GASTROENT & MISC         .3910         2.5         3.1          18
                                      DIGEST DISORDERS AGE 0-17.                                                    
    185.....       03  MED           DENTAL & ORAL DIS EXCEPT              .8892         4.1         5.8          27
                                      EXTRACTIONS & RESTORATIONS,                                                   
                                      AGE >17.                                                                      
    186.....       03  MED           *DENTAL & ORAL DIS EXCEPT             .3088         2.9         2.9          23
                                      EXTRACTIONS & RESTORATIONS,                                                   
                                      AGE 0-17.                                                                     
    187.....       03  MED           DENTAL EXTRACTIONS &                  .6473         2.8         3.8          26
                                      RESTORATIONS.                                                                 
    188.....       06  MED           OTHER DIGESTIVE SYSTEM               1.0458         4.7         6.6          28
                                      DIAGNOSES AGE >17 W CC.                                                       
    189.....       06  MED           OTHER DIGESTIVE SYSTEM                .5438         2.8         3.8          26
                                      DIAGNOSES AGE >17 W/O CC.                                                     
    190.....       06  MED           OTHER DIGESTIVE SYSTEM               1.2379         4.6         6.5          28
                                      DIAGNOSES AGE 0-17.                                                           
    191.....       07  SURG          PANCREAS, LIVER & SHUNT              4.4495        12.9        17.5          36
                                      PROCEDURES W CC.                                                              
    192.....       07  SURG          PANCREAS, LIVER & SHUNT              1.7103         6.4         8.3          29
                                      PROCEDURES W/O CC.                                                            
    193.....       07  SURG          BILIARY TRACT PROC EXCEPT ONLY       3.2131        12.3        14.9          35
                                      CHOLECYST W OR W/O C.D.E. W CC.                                               
    194.....       07  SURG          BILIARY TRACT PROC EXCEPT ONLY       1.6937         6.9         8.6          30
                                      CHOLECYST W OR W/O C.D.E. W/O                                                 
                                      CC.                                                                           
    195.....       07  SURG          CHOLECYSTECTOMY W C.D.E. W CC..      2.6147         9.4        11.2          32
    196.....       07  SURG          CHOLECYSTECTOMY W C.D.E. W/O CC      1.5695         6.2         7.2          29
    197.....       07  SURG          CHOLECYSTECTOMY EXCEPT BY            2.2034         7.9         9.7          31
                                      LAPAROSCOPE W/O C.D.E. W CC.                                                  
    198.....       07  SURG          CHOLECYSTECTOMY EXCEPT BY            1.1355         4.6         5.4         24 
                                      LAPAROSCOPE W/O C.D.E. W/O CC.                                                
    
    [[Page 45897]]
                                                                                                                    
    199.....       07  SURG          HEPATOBILIARY DIAGNOSTIC             2.3309         9.2        12.4          32
                                      PROCEDURE FOR MALIGNANCY.                                                     
    200.....       07  SURG          HEPATOBILIARY DIAGNOSTIC             3.0158         7.9        12.7          31
                                      PROCEDURE FOR NON-MALIGNANCY.                                                 
    201.....       07  SURG          OTHER HEPATOBILIARY OR PANCREAS      3.2951        11.7        16.1          35
                                      O.R. PROCEDURES.                                                              
    202.....       07  MED           CIRRHOSIS & ALCOHOLIC HEPATITIS      1.3177         6.1         8.3          29
    203.....       07  MED           MALIGNANCY OF HEPATOBILIARY          1.2187         5.9         8.3          29
                                      SYSTEM OR PANCREAS.                                                           
    204.....       07  MED           DISORDERS OF PANCREAS EXCEPT         1.2020         5.5         7.2          28
                                      MALIGNANCY.                                                                   
    205.....       07  MED           DISORDERS OF LIVER EXCEPT            1.2276         5.8         8.0          29
                                      MALIG, CIRR, ALC HEPA W CC.                                                   
    206.....       07  MED           DISORDERS OF LIVER EXCEPT             .6801         3.6         5.0          27
                                      MALIG, CIRR, ALC HEPA W/O CC.                                                 
    207.....       07  MED           DISORDERS OF THE BILIARY TRACT       1.0287         4.7         6.2          28
                                      W CC.                                                                         
    208.....       07  MED           DISORDERS OF THE BILIARY TRACT        .5943         2.8         3.6          23
                                      W/O CC.                                                                       
    209.....       08  SURG          MAJOR JOINT & LIMB REATTACHMENT      2.2707         6.8         7.6          27
                                      PROCEDURES OF LOWER EXTREMITY.                                                
    210.....       08  SURG          HIP & FEMUR PROCEDURES EXCEPT        1.8616         8.2         9.8          31
                                      MAJOR JOINT AGE >17 W CC.                                                     
    211.....       08  SURG          HIP & FEMUR PROCEDURES EXCEPT        1.2893         6.3         7.2          28
                                      MAJOR JOINT AGE >17 W/O CC.                                                   
    212.....       08  SURG          HIP & FEMUR PROCEDURES EXCEPT        1.1296         4.3         5.2          27
                                      MAJOR JOINT AGE 0-17.                                                         
    213.....       08  SURG          AMPUTATION FOR MUSCULOSKELETAL       1.7196         7.6        10.6          31
                                      SYSTEM & CONN TISSUE DISORDERS.                                               
    214.....       08  SURG          BACK & NECK PROCEDURES W CC....      1.9184         5.7         7.4          29
    215.....       08  SURG          BACK & NECK PROCEDURES W/O CC..      1.0924         3.5         4.2          22
    216.....       08  SURG          BIOPSIES OF MUSCULOSKELETAL          2.1075         8.6        12.2          32
                                      SYSTEM & CONNECTIVE TISSUE.                                                   
    217.....       08  SURG          WND DEBRID & SKN GRFT EXCEPT         2.8975        11.1        17.1          34
                                      HAND, FOR MUSCSKELET & CONN                                                   
                                      TISS DIS.                                                                     
    218.....       08  SURG          LOWER EXTREM & HUMER PROC            1.4231         5.3         6.9          28
                                      EXCEPT HIP, FOOT, FEMUR AGE                                                   
                                      >17 W CC.                                                                     
    219.....       08  SURG          LOWER EXTREM & HUMER PROC             .9179         3.4         4.1          22
                                      EXCEPT HIP, FOOT, FEMUR AGE                                                   
                                      >17 W/O CC.                                                                   
    220.....       08  SURG          *LOWER EXTREM & HUMER PROC            .5611         5.3         5.3          28
                                      EXCEPT HIP, FOOT, FEMUR AGE 0-                                                
                                      17.                                                                           
    221.....       08  SURG          KNEE PROCEDURES W CC...........      1.8463         6.3         8.8          29
    222.....       08  SURG          KNEE PROCEDURES W/O CC.........       .9747         3.3         4.2          26
    223.....       08  SURG          MAJOR SHOULDER/ELBOW PROC, OR         .8364         2.3         3.0          17
                                      OTHER UPPER EXTREMITY PROC W                                                  
                                      CC.                                                                           
    224.....       08  SURG          SHOULDER, ELBOW OR FOREARM            .6983         2.0         2.4          11
                                      PROC, EXC MAJOR JOINT PROC, W/                                                
                                      O CC.                                                                         
    225.....       08  SURG          FOOT PROCEDURES................       .9504         3.3         5.1          26
    226.....       08  SURG          SOFT TISSUE PROCEDURES W CC....      1.3656         4.7         7.3          28
    227.....       08  SURG          SOFT TISSUE PROCEDURES W/O CC..       .7273         2.4         3.2          20
    228.....       08  SURG          MAJOR THUMB OR JOINT PROC, OR         .9315         2.4         3.8          25
                                      OTH HAND OR WRIST PROC W CC.                                                  
    229.....       08  SURG          HAND OR WRIST PROC, EXCEPT            .5965         1.8         2.4          14
                                      MAJOR JOINT PROC, W/O CC.                                                     
    230.....       08  SURG          LOCAL EXCISION & REMOVAL OF INT      1.0399         3.5         5.6          27
                                      FIX DEVICES OF HIP & FEMUR.                                                   
    231.....       08  SURG          LOCAL EXCISION & REMOVAL OF INT      1.2131         3.5         5.5          26
                                      FIX DEVICES EXCEPT HIP & FEMUR.                                               
    232.....       08  SURG          ARTHROSCOPY....................      1.0578         2.6         4.5          26
    233.....       08  SURG          OTHER MUSCULOSKELET SYS & CONN       1.9275         6.8         9.8          30
                                      TISS O.R. PROC W CC.                                                          
    234.....       08  SURG          OTHER MUSCULOSKELET SYS & CONN       1.0039         3.3         4.5          26
                                      TISS O.R. PROC W/O CC.                                                        
    235.....       08  MED           FRACTURES OF FEMUR.............       .8501         5.2         7.8          28
    236.....       08  MED           FRACTURES OF HIP & PELVIS......       .7818         5.2         7.1          28
    237.....       08  MED           SPRAINS, STRAINS, &                   .5711         3.7         4.9          27
                                      DISLOCATIONS OF HIP, PELVIS &                                                 
                                      THIGH.                                                                        
    238.....       08  MED           OSTEOMYELITIS..................      1.4356         8.4        11.5          31
    239.....       08  MED           PATHOLOGICAL FRACTURES &             1.0219         6.3         8.4          29
                                      MUSCULOSKELETAL & CONN TISS                                                   
                                      MALIGNANCY.                                                                   
    240.....       08  MED           CONNECTIVE TISSUE DISORDERS W        1.1900         5.9         8.1          29
                                      CC.                                                                           
    241.....       08  MED           CONNECTIVE TISSUE DISORDERS W/O       .5986         3.8         4.9          27
                                      CC.                                                                           
    242.....       08  MED           SEPTIC ARTHRITIS...............      1.1295         6.7         9.0         30 
    
    [[Page 45898]]
                                                                                                                    
    243.....       08  MED           MEDICAL BACK PROBLEMS..........       .7248         4.7         6.1          28
    244.....       08  MED           BONE DISEASES & SPECIFIC              .7446         4.6         6.4          28
                                      ARTHROPATHIES W CC.                                                           
    245.....       08  MED           BONE DISEASES & SPECIFIC              .5050         3.4         4.6          26
                                      ARTHROPATHIES W/O CC.                                                         
    246.....       08  MED           NON-SPECIFIC ARTHROPATHIES.....       .5646         3.7         4.7          27
    247.....       08  MED           SIGNS & SYMPTOMS OF                   .5534         3.1         4.3          26
                                      MUSCULOSKELETAL SYSTEM & CONN                                                 
                                      TISSUE.                                                                       
    248.....       08  MED           TENDONITIS, MYOSITIS & BURSITIS       .7275         4.1         5.7          27
    249.....       08  MED           AFTERCARE, MUSCULOSKELETAL            .6558         3.1         4.7          26
                                      SYSTEM & CONNECTIVE TISSUE.                                                   
    250.....       08  MED           FX, SPRN, STRN & DISL OF              .7193         3.9         5.7          27
                                      FOREARM, HAND, FOOT AGE >17 W                                                 
                                      CC.                                                                           
    251.....       08  MED           FX, SPRN, STRN & DISL OF              .4423         2.4         3.2          21
                                      FOREARM, HAND, FOOT AGE >17 W/                                                
                                      O CC.                                                                         
    252.....       08  MED           *FX, SPRN, STRN & DISL OF             .2438         1.8         1.8          15
                                      FOREARM, HAND, FOOT AGE 0-17.                                                 
    253.....       08  MED           FX, SPRN, STRN & DISL OF UPARM,       .7637         4.7         6.6          28
                                      LOWLEG EX FOOT AGE >17 W CC.                                                  
    254.....       08  MED           FX, SPRN, STRN & DISL OF UPARM,       .4365         3.0         4.1          26
                                      LOWLEG EX FOOT AGE >17 W/O CC.                                                
    255.....       08  MED           *FX, SPRN, STRN & DISL OF             .2838         2.9         2.9          26
                                      UPARM, LOWLEG EX FOOT AGE 0-17.                                               
    256.....       08  MED           OTHER MUSCULOSKELETAL SYSTEM &        .6419         3.2         4.4          26
                                      CONNECTIVE TISSUE DIAGNOSES.                                                  
    257.....       09  SURG          TOTAL MASTECTOMY FOR MALIGNANCY       .8997         3.1         3.9          20
                                      W CC.                                                                         
    258.....       09  SURG          TOTAL MASTECTOMY FOR MALIGNANCY       .6965         2.4         2.8          11
                                      W/O CC.                                                                       
    259.....       09  SURG          SUBTOTAL MASTECTOMY FOR               .8765         2.6         4.1          26
                                      MALIGNANCY W CC.                                                              
    260.....       09  SURG          SUBTOTAL MASTECTOMY FOR               .5749         1.7         2.0           8
                                      MALIGNANCY W/O CC.                                                            
    261.....       09  SURG          BREAST PROC FOR NON-MALIGNANCY        .8080         1.9         2.6          13
                                      EXCEPT BIOPSY & LOCAL EXCISION.                                               
    262.....       09  SURG          BREAST BIOPSY & LOCAL EXCISION        .7115         2.6         4.0          26
                                      FOR NON-MALIGNANCY.                                                           
    263.....       09  SURG          SKIN GRAFT &/OR DEBRID FOR SKN       2.2344        11.2        15.8          34
                                      ULCER OR CELLULITIS W CC.                                                     
    264.....       09  SURG          SKIN GRAFT &/OR DEBRID FOR SKN       1.1633         6.7         9.2          30
                                      ULCER OR CELLULITIS W/O CC.                                                   
    265.....       09  SURG          SKIN GRAFT &/OR DEBRID EXCEPT        1.4131         4.9         7.9          28
                                      FOR SKIN ULCER OR CELLULITIS W                                                
                                      CC.                                                                           
    266.....       09  SURG          SKIN GRAFT &/OR DEBRID EXCEPT         .7451         2.8         3.9          26
                                      FOR SKIN ULCER OR CELLULITIS W/                                               
                                      O CC.                                                                         
    267.....       09  SURG          PERIANAL & PILONIDAL PROCEDURES       .8022         2.8         4.4          26
    268.....       09  SURG          SKIN, SUBCUTANEOUS TISSUE &           .9068         2.7         4.4          26
                                      BREAST PLASTIC PROCEDURES.                                                    
    269.....       09  SURG          OTHER SKIN, SUBCUT TISS &            1.6495         6.7        10.0          30
                                      BREAST PROC W CC.                                                             
    270.....       09  SURG          OTHER SKIN, SUBCUT TISS &             .6796         2.4         3.6          25
                                      BREAST PROC W/O CC.                                                           
    271.....       09  MED           SKIN ULCERS....................      1.1157         7.2         9.5          30
    272.....       09  MED           MAJOR SKIN DISORDERS W CC......      1.0208         6.1         8.1          29
    273.....       09  MED           MAJOR SKIN DISORDERS W/O CC....       .6403         4.5         6.1          27
    274.....       09  MED           MALIGNANT BREAST DISORDERS W CC      1.0741         5.5         8.1          28
    275.....       09  MED           MALIGNANT BREAST DISORDERS W/O        .4845         2.4         3.5          25
                                      CC.                                                                           
    276.....       09  MED           NON-MALIGNANT BREAST DISORDERS.       .6418         4.2         5.4          27
    277.....       09  MED           CELLULITIS AGE >17 W CC........       .8703         5.9         7.3          29
    278.....       09  MED           CELLULITIS AGE >17 W/O CC......       .5822         4.6         5.5          27
    279.....       09  MED           CELLULITIS AGE 0-17............       .7070         4.2         5.9          27
    280.....       09  MED           TRAUMA TO THE SKIN, SUBCUT TISS       .6847         4.0         5.6          27
                                      & BREAST AGE >17 W CC.                                                        
    281.....       09  MED           TRAUMA TO THE SKIN, SUBCUT TISS       .4523         2.8         3.9          26
                                      & BREAST AGE >17 W/O CC.                                                      
    282.....       09  MED           *TRAUMA TO THE SKIN, SUBCUT           .2467         2.2         2.2          19
                                      TISS & BREAST AGE 0-17.                                                       
    283.....       09  MED           MINOR SKIN DISORDERS W CC......       .7171         4.4         6.0          27
    284.....       09  MED           MINOR SKIN DISORDERS W/O CC....       .4307         3.1         4.1          26
    285.....       10  SURG          AMPUTAT OF LOWER LIMB FOR            2.3880        11.0        15.4          34
                                      ENDOCRINE, NUTRIT, & METABOL                                                  
                                      DISORDERS.                                                                    
    286.....       10  SURG          ADRENAL & PITUITARY PROCEDURES.      2.3163         6.9         9.0          30
    287.....       10  SURG          SKIN GRAFTS & WOUND DEBRID FOR       2.1126        10.7        15.5          34
                                      ENDOC, NUTRIT & METAB                                                         
                                      DISORDERS.                                                                    
    288.....       10  SURG          O.R. PROCEDURES FOR OBESITY....      2.0397         5.9         8.0          29
    289.....       10  SURG          PARATHYROID PROCEDURES.........      1.0385         3.0         4.5          26
    290.....       10  SURG          THYROID PROCEDURES.............       .8537         2.3         3.0         16 
    
    [[Page 45899]]
                                                                                                                    
    291.....       10  SURG          THYROGLOSSAL PROCEDURES........       .4657         1.4         1.6           6
    292.....       10  SURG          OTHER ENDOCRINE, NUTRIT & METAB      2.6301         9.2        13.5          32
                                      O.R. PROC W CC.                                                               
    293.....       10  SURG          OTHER ENDOCRINE, NUTRIT & METAB      1.1866         4.6         6.4          28
                                      O.R. PROC W/O CC.                                                             
    294.....       10  MED           DIABETES AGE >35...............       .7579         4.7         6.2          28
    295.....       10  MED           DIABETES AGE 0-35..............       .7634         3.7         5.1          27
    296.....       10  MED           NUTRITIONAL & MISC METABOLIC          .9166         5.1         7.0          28
                                      DISORDERS AGE >17 W CC.                                                       
    297.....       10  MED           NUTRITIONAL & MISC METABOLIC          .5353         3.5         4.6          27
                                      DISORDERS AGE >17 W/O CC.                                                     
    298.....       10  MED           NUTRITIONAL & MISC METABOLIC          .4756         2.8         3.8          26
                                      DISORDERS AGE 0-17.                                                           
    299.....       10  MED           INBORN ERRORS OF METABOLISM....       .9790         4.2         6.2          27
    300.....       10  MED           ENDOCRINE DISORDERS W CC.......      1.0919         5.8         7.9          29
    301.....       10  MED           ENDOCRINE DISORDERS W/O CC.....       .6181         3.6         4.8          27
    302.....       11  SURG          KIDNEY TRANSPLANT..............      4.1370        11.9        14.0          35
    303.....       11  SURG          KIDNEY, URETER & MAJOR BLADDER       2.6171         9.1        11.0          32
                                      PROCEDURES FOR NEOPLASM.                                                      
    304.....       11  SURG          KIDNEY, URETER & MAJOR BLADDER       2.3715         8.1        11.1          31
                                      PROC FOR NON-NEOPL W CC.                                                      
    305.....       11  SURG          KIDNEY, URETER & MAJOR BLADDER       1.1600         4.2         5.4          27
                                      PROC FOR NON-NEOPL W/O CC.                                                    
    306.....       11  SURG          PROSTATECTOMY W CC.............      1.2441         4.9         7.1          28
    307.....       11  SURG          PROSTATECTOMY W/O CC...........       .6639         2.7         3.3          17
    308.....       11  SURG          MINOR BLADDER PROCEDURES W CC..      1.4848         5.0         7.5          28
    309.....       11  SURG          MINOR BLADDER PROCEDURES W/O CC       .8061         2.5         3.2          21
    310.....       11  SURG          TRANSURETHRAL PROCEDURES W CC..       .9694         3.3         4.9          26
    311.....       11  SURG          TRANSURETHRAL PROCEDURES W/O CC       .5486         1.9         2.4          12
    312.....       11  SURG          URETHRAL PROCEDURES, AGE >17 W        .8891         3.3         5.1          26
                                      CC.                                                                           
    313.....       11  SURG          URETHRAL PROCEDURES, AGE >17 W/       .5008         1.9         2.6          15
                                      O CC.                                                                         
    314.....       11  SURG          *URETHRAL PROCEDURES, AGE 0-17.       .4756         2.3         2.3          25
    315.....       11  SURG          OTHER KIDNEY & URINARY TRACT         2.0612         5.7        10.3          29
                                      O.R. PROCEDURES.                                                              
    316.....       11  MED           RENAL FAILURE..................      1.2996         5.7         8.1          29
    317.....       11  MED           ADMIT FOR RENAL DIALYSIS.......       .6556         2.7         4.1          26
    318.....       11  MED           KIDNEY & URINARY TRACT               1.1007         5.2         7.6          28
                                      NEOPLASMS W CC.                                                               
    319.....       11  MED           KIDNEY & URINARY TRACT                .5432         2.2         3.4          25
                                      NEOPLASMS W/O CC.                                                             
    320.....       11  MED           KIDNEY & URINARY TRACT                .9320         5.6         7.1          29
                                      INFECTIONS AGE >17 W CC.                                                      
    321.....       11  MED           KIDNEY & URINARY TRACT                .6104         4.2         5.1          25
                                      INFECTIONS AGE >17 W/O CC.                                                    
    322.....       11  MED           KIDNEY & URINARY TRACT                .6651         3.9         5.4          27
                                      INFECTIONS AGE 0-17.                                                          
    323.....       11  MED           URINARY STONES W CC, &/OR ESW         .7281         2.8         3.8          26
                                      LITHOTRIPSY.                                                                  
    324.....       11  MED           URINARY STONES W/O CC..........       .3992         1.8         2.3          11
    325.....       11  MED           KIDNEY & URINARY TRACT SIGNS &        .6436         3.7         4.9          27
                                      SYMPTOMS AGE >17 W CC.                                                        
    326.....       11  MED           KIDNEY & URINARY TRACT SIGNS &        .4233         2.6         3.4          21
                                      SYMPTOMS AGE >17 W/O CC.                                                      
    327.....       11  MED           *KIDNEY & URINARY TRACT SIGNS &       .2302         3.1         3.1          26
                                      SYMPTOMS AGE 0-17.                                                            
    328.....       11  MED           URETHRAL STRICTURE AGE >17 W CC       .6672         3.2         4.4          26
    329.....       11  MED           URETHRAL STRICTURE AGE >17 W/O        .4233         1.9         2.3          13
                                      CC.                                                                           
    330.....       11  MED           *URETHRAL STRICTURE AGE 0-17...       .3063         1.6         1.6           9
    331.....       11  MED           OTHER KIDNEY & URINARY TRACT         1.0122         4.9         6.8          28
                                      DIAGNOSES AGE >17 W CC.                                                       
    332.....       11  MED           OTHER KIDNEY & URINARY TRACT          .6176         3.1         4.2          26
                                      DIAGNOSES AGE >17 W/O CC.                                                     
    333.....       11  MED           OTHER KIDNEY & URINARY TRACT          .8701         4.2         6.0          27
                                      DIAGNOSES AGE 0-17.                                                           
    334.....       12  SURG          MAJOR MALE PELVIC PROCEDURES W       1.6948         6.1         6.9          25
                                      CC.                                                                           
    335.....       12  SURG          MAJOR MALE PELVIC PROCEDURES W/      1.3044         4.8         5.3          20
                                      O CC.                                                                         
    336.....       12  SURG          TRANSURETHRAL PROSTATECTOMY W         .8802         3.6         4.6          25
                                      CC.                                                                           
    337.....       12  SURG          TRANSURETHRAL PROSTATECTOMY W/O       .6128         2.6         3.0          12
                                      CC.                                                                           
    338.....       12  SURG          TESTES PROCEDURES, FOR               1.0260         3.7         5.7          27
                                      MALIGNANCY.                                                                   
    339.....       12  SURG          TESTES PROCEDURES, NON-               .9330         3.1         4.7          26
                                      MALIGNANCY AGE >17.                                                           
    340.....       12  SURG          *TESTES PROCEDURES, NON-              .2723         2.4         2.4          13
                                      MALIGNANCY AGE 0-17.                                                          
    341.....       12  SURG          PENIS PROCEDURES...............      1.0699         2.6         3.7          25
    342.....       12  SURG          CIRCUMCISION AGE >17...........       .7360         2.8         4.2          26
    343.....       12  SURG          *CIRCUMCISION AGE 0-17.........       .1479         1.7         1.7          6 
    
    [[Page 45900]]
                                                                                                                    
    344.....       12  SURG          OTHER MALE REPRODUCTIVE SYSTEM       1.0209         2.4         3.5          25
                                      O.R. PROCEDURES FOR MALIGNANCY.                                               
    345.....       12  SURG          OTHER MALE REPRODUCTIVE SYSTEM        .8435         3.0         4.6          26
                                      O.R. PROC EXCEPT FOR                                                          
                                      MALIGNANCY.                                                                   
    346.....       12  MED           MALIGNANCY, MALE REPRODUCTIVE         .9626         5.1         7.5          28
                                      SYSTEM, W CC.                                                                 
    347.....       12  MED           MALIGNANCY, MALE REPRODUCTIVE         .4853         2.5         3.6          25
                                      SYSTEM, W/O CC.                                                               
    348.....       12  MED           BENIGN PROSTATIC HYPERTROPHY W        .7106         3.8         5.3          27
                                      CC.                                                                           
    349.....       12  MED           BENIGN PROSTATIC HYPERTROPHY W/       .4241         2.3         3.1          22
                                      O CC.                                                                         
    350.....       12  MED           INFLAMMATION OF THE MALE              .6810         4.3         5.3          27
                                      REPRODUCTIVE SYSTEM.                                                          
    351.....       12  MED           *STERILIZATION, MALE...........       .2271         1.3         1.3           5
    352.....       12  MED           OTHER MALE REPRODUCTIVE SYSTEM        .5932         3.1         4.2          26
                                      DIAGNOSES.                                                                    
    353.....       13  SURG          PELVIC EVISCERATION, RADICAL         1.9483         7.5         9.4          30
                                      HYSTERECTOMY & RADICAL                                                        
                                      VULVECTOMY.                                                                   
    354.....       13  SURG          UTERINE, ADNEXA PROC FOR NON-        1.4609         5.6         6.8          29
                                      OVARIAN/ADNEXAL MALIG W CC.                                                   
    355.....       13  SURG          UTERINE, ADNEXA PROC FOR NON-         .8881         3.8         4.1          12
                                      OVARIAN/ADNEXAL MALIG W/O CC.                                                 
    356.....       13  SURG          FEMALE REPRODUCTIVE SYSTEM            .7323         2.9         3.3          13
                                      RECONSTRUCTIVE PROCEDURES.                                                    
    357.....       13  SURG          UTERINE & ADNEXA PROC FOR            2.3679         8.5        10.6          31
                                      OVARIAN OR ADNEXAL MALIGNANCY.                                                
    358.....       13  SURG          UTERINE & ADNEXA PROC FOR NON-       1.1458         4.3         5.1          20
                                      MALIGNANCY W CC.                                                              
    359.....       13  SURG          UTERINE & ADNEXA PROC FOR NON-        .8072         3.2         3.5          10
                                      MALIGNANCY W/O CC.                                                            
    360.....       13  SURG          VAGINA, CERVIX & VULVA                .8739         3.3         4.2          23
                                      PROCEDURES.                                                                   
    361.....       13  SURG          LAPAROSCOPY & INCISIONAL TUBAL       1.1984         3.2         5.0          26
                                      INTERRUPTION.                                                                 
    362.....       13  SURG          *ENDOSCOPIC TUBAL INTERRUPTION.       .2902         1.4         1.4           5
    363.....       13  SURG          D&C, CONIZATION & RADIO-              .6881         2.7         3.7          22
                                      IMPLANT, FOR MALIGNANCY.                                                      
    364.....       13  SURG          D&C, CONIZATION EXCEPT FOR            .6667         2.6         3.8          26
                                      MALIGNANCY.                                                                   
    365.....       13  SURG          OTHER FEMALE REPRODUCTIVE            1.7739         6.0         8.7          29
                                      SYSTEM O.R. PROCEDURES.                                                       
    366.....       13  MED           MALIGNANCY, FEMALE REPRODUCTIVE      1.1405         5.5         8.2          29
                                      SYSTEM W CC.                                                                  
    367.....       13  MED           MALIGNANCY, FEMALE REPRODUCTIVE       .5179         2.5         3.7          25
                                      SYSTEM W/O CC.                                                                
    368.....       13  MED           INFECTIONS, FEMALE REPRODUCTIVE       .9841         5.5         7.1          29
                                      SYSTEM.                                                                       
    369.....       13  MED           MENSTRUAL & OTHER FEMALE              .5130         2.7         3.9          26
                                      REPRODUCTIVE SYSTEM DISORDERS.                                                
    370.....       14  SURG          CESAREAN SECTION W CC..........       .9573         4.5         5.7          26
    371.....       14  SURG          CESAREAN SECTION W/O CC........       .6531         3.4         3.8          11
    372.....       14  MED           VAGINAL DELIVERY W COMPLICATING       .5558         2.6         3.5          20
                                      DIAGNOSES.                                                                    
    373.....       14  MED           VAGINAL DELIVERY W/O                  .3446         1.8         2.1           8
                                      COMPLICATING DIAGNOSES.                                                       
    374.....       14  SURG          VAGINAL DELIVERY W                    .6721         2.3         2.8          13
                                      STERILIZATION &/OR D&C.                                                       
    375.....       14  SURG          *VAGINAL DELIVERY W O.R. PROC         .6587         4.4         4.4          27
                                      EXCEPT STERIL &/OR D&C.                                                       
    376.....       14  MED           POSTPARTUM & POST ABORTION            .4418         2.5         3.7          26
                                      DIAGNOSES W/O O.R. PROCEDURE.                                                 
    377.....       14  SURG          POSTPARTUM & POST ABORTION            .8181         2.8         4.3          26
                                      DIAGNOSES W O.R. PROCEDURE.                                                   
    378.....       14  MED           ECTOPIC PREGNANCY..............       .7409         2.4         2.8          14
    379.....       14  MED           THREATENED ABORTION............       .3962         2.2         3.4          25
    380.....       14  MED           ABORTION W/O D&C...............       .3742         1.6         2.0           9
    381.....       14  SURG          ABORTION W D&C, ASPIRATION            .4673         1.5         2.1          11
                                      CURETTAGE OR HYSTEROTOMY.                                                     
    382.....       14  MED           FALSE LABOR....................       .1922         1.2         1.9           7
    383.....       14  MED           OTHER ANTEPARTUM DIAGNOSES W          .4587         3.1         4.4          26
                                      MEDICAL COMPLICATIONS.                                                        
    384.....       14  MED           OTHER ANTEPARTUM DIAGNOSES W/O        .2818         1.6         2.1          10
                                      MEDICAL COMPLICATIONS.                                                        
    385.....       15  ............  *NEONATES, DIED OR TRANSFERRED       1.3219         1.8         1.8          25
                                      TO ANOTHER ACUTE CARE FACILITY.                                               
    386.....       15  ............  *EXTREME IMMATURITY OR               4.3591        17.9        17.9          41
                                      RESPIRATORY DISTRESS SYNDROME,                                                
                                      NEONATE.                                                                      
    387.....       15  ............  *PREMATURITY W MAJOR PROBLEMS..      2.9772        13.3        13.3          36
    388.....       15  ............  *PREMATURITY W/O MAJOR PROBLEMS      1.7964         8.6         8.6          32
    389.....       15                FULL TERM NEONATE W MAJOR            2.3785         7.8        10.3          31
                                      PROBLEMS.                                                                     
    
    [[Page 45901]]
                                                                                                                    
    390.....       15                NEONATE W OTHER SIGNIFICANT           .6218         2.7         4.4          26
                                      PROBLEMS.                                                                     
    391.....       15  ............  *NORMAL NEWBORN................       .1465         3.1         3.1          11
    392.....       16  SURG          SPLENECTOMY AGE >17............      3.1908         9.3        12.0          32
    393.....       16  SURG          *SPLENECTOMY AGE 0-17..........      1.2949         9.1         9.1          32
    394.....       16  SURG          OTHER O.R. PROCEDURES OF THE         1.6252         4.9         8.5          28
                                      BLOOD AND BLOOD FORMING ORGANS.                                               
    395.....       16  MED           RED BLOOD CELL DISORDERS AGE          .8359         4.1         5.8          27
                                      >17.                                                                          
    396.....       16  MED           RED BLOOD CELL DISORDERS AGE 0-       .5980         2.8         4.2          26
                                      17.                                                                           
    397.....       16  MED           COAGULATION DISORDERS..........      1.2825         4.8         6.6          28
    398.....       16  MED           RETICULOENDOTHELIAL & IMMUNITY       1.2360         5.6         7.2          29
                                      DISORDERS W CC.                                                               
    399.....       16  MED           RETICULOENDOTHELIAL & IMMUNITY        .6934         3.8         4.7          27
                                      DISORDERS W/O CC.                                                             
    400.....       17  SURG          LYMPHOMA & LEUKEMIA W MAJOR          2.6034         7.2        11.2          30
                                      O.R. PROCEDURE.                                                               
    401.....       17  SURG          LYMPHOMA & NON-ACUTE LEUKEMIA W      2.4533         9.0        13.1          32
                                      OTHER O.R. PROC W CC.                                                         
    402.....       17  SURG          LYMPHOMA & NON-ACUTE LEUKEMIA W       .9428         3.1         4.6          26
                                      OTHER O.R. PROC W/O CC.                                                       
    403.....       17  MED           LYMPHOMA & NON-ACUTE LEUKEMIA W      1.6823         6.9        10.0          30
                                      CC.                                                                           
    404.....       17  MED           LYMPHOMA & NON-ACUTE LEUKEMIA W/      .8140         3.8         5.4          27
                                      O CC.                                                                         
    405.....       17  ............  *ACUTE LEUKEMIA W/O MAJOR O.R.       1.8358         4.9         4.9          28
                                      PROCEDURE AGE 0-17.                                                           
    406.....       17  SURG          MYELOPROLIF DISORD OR POORLY         2.6558         8.6        12.0          32
                                      DIFF NEOPL W MAJ O.R. PROC W                                                  
                                      CC.                                                                           
    407.....       17  SURG          MYELOPROLIF DISORD OR POORLY         1.1626         4.0         5.1          27
                                      DIFF NEOPL W MAJ O.R. PROC W/O                                                
                                      CC.                                                                           
    408.....       17  SURG          MYELOPROLIF DISORD OR POORLY         1.6840         5.2         8.8          28
                                      DIFF NEOPL W OTHER O.R. PROC.                                                 
    409.....       17  MED           RADIOTHERAPY...................       .9475         4.9         7.0          28
    410.....       17  MED           CHEMOTHERAPY W/O ACUTE LEUKEMIA       .7172         2.6         3.3          20
                                      AS SECONDARY DIAGNOSIS.                                                       
    411.....       17  MED           HISTORY OF MALIGNANCY W/O             .5015         2.5         3.4          25
                                      ENDOSCOPY.                                                                    
    412.....       17  MED           HISTORY OF MALIGNANCY W               .4530         2.1         2.9          24
                                      ENDOSCOPY.                                                                    
    413.....       17  MED           OTHER MYELOPROLIF DIS OR POORLY      1.3422         6.4         9.2          29
                                      DIFF NEOPL DIAG W CC.                                                         
    414.....       17  MED           OTHER MYELOPROLIF DIS OR POORLY       .7285         3.9         5.9          27
                                      DIFF NEOPL DIAG W/O CC.                                                       
    415.....       18  SURG          O.R. PROCEDURE FOR INFECTIOUS &      3.4769        12.4        17.3          35
                                      PARASITIC DISEASES.                                                           
    416.....       18  MED           SEPTICEMIA AGE >17.............      1.4770         6.5         8.9          30
    417.....       18  MED           SEPTICEMIA AGE 0-17............       .8764         4.8         6.1          28
    418.....       18  MED           POSTOPERATIVE & POST-TRAUMATIC        .9777         5.7         7.3          29
                                      INFECTIONS.                                                                   
    419.....       18  MED           FEVER OF UNKNOWN ORIGIN AGE >17       .9223         4.8         6.2          28
                                      W CC.                                                                         
    420.....       18  MED           FEVER OF UNKNOWN ORIGIN AGE >17       .6258         3.8         4.6          25
                                      W/O CC.                                                                       
    421.....       18  MED           VIRAL ILLNESS AGE >17..........       .6982         3.8         4.9          27
    422.....       18  MED           VIRAL ILLNESS & FEVER OF              .5446         3.3         4.3          26
                                      UNKNOWN ORIGIN AGE 0-17.                                                      
    423.....       18  MED           OTHER INFECTIOUS & PARASITIC         1.5828         6.8         9.4          30
                                      DISEASES DIAGNOSES.                                                           
    424.....       19  SURG          O.R. PROCEDURE W PRINCIPAL           2.4543        12.1        20.0          35
                                      DIAGNOSES OF MENTAL ILLNESS.                                                  
    425.....       19  MED           ACUTE ADJUST REACT &                  .7129         3.9         5.5          27
                                      DISTURBANCES OF PSYCHOSOCIAL                                                  
                                      DYSFUNCTION.                                                                  
    426.....       19  MED           DEPRESSIVE NEUROSES............       .5949         4.5         6.3          27
    427.....       19  MED           NEUROSES EXCEPT DEPRESSIVE.....       .5794         4.1         5.9          27
    428.....       19  MED           DISORDERS OF PERSONALITY &            .6847         5.2         8.1          28
                                      IMPULSE CONTROL.                                                              
    429.....       19  MED           ORGANIC DISTURBANCES & MENTAL         .9537         6.6        10.4          30
                                      RETARDATION.                                                                  
    430.....       19  MED           PSYCHOSES......................       .8670         7.5        10.7          30
    431.....       19  MED           CHILDHOOD MENTAL DISORDERS.....       .6362         5.3         7.6          28
    432.....       19  MED           OTHER MENTAL DISORDER DIAGNOSES       .7018         4.2         6.6          27
    433.....       20                ALCOHOL/DRUG ABUSE OR                 .3080         2.6         3.7          26
                                      DEPENDENCE, LEFT AMA.                                                         
    434.....       20                ALC/DRUG ABUSE OR DEPEND, DETOX       .7373         4.7         6.4          28
                                      OR OTH SYMPT TREAT W CC.                                                      
    435.....       20                ALC/DRUG ABUSE OR DEPEND, DETOX       .4249         3.9         5.1          27
                                      OR OTH SYMPT TREAT W/O CC.                                                    
    436.....       20                ALC/DRUG DEPENDENCE W                 .8384        12.6        15.7          36
                                      REHABILITATION THERAPY.                                                       
    437.....       20                ALC/DRUG DEPENDENCE, COMBINED         .7972         9.9        11.8          33
                                      REHAB & DETOX THERAPY.                                                        
    438.....                         NO LONGER VALID................       .0000          .0          .0          0 
    
    [[Page 45902]]
                                                                                                                    
    439.....       21  SURG          SKIN GRAFTS FOR INJURIES.......      1.6599         5.6         9.3          29
    440.....       21  SURG          WOUND DEBRIDEMENTS FOR INJURIES      1.7792         7.0        11.0          30
    441.....       21  SURG          HAND PROCEDURES FOR INJURIES...       .8785         2.3         4.3          25
    442.....       21  SURG          OTHER O.R. PROCEDURES FOR            2.0836         5.7         9.1          29
                                      INJURIES W CC.                                                                
    443.....       21  SURG          OTHER O.R. PROCEDURES FOR             .8130         2.4         3.4          25
                                      INJURIES W/O CC.                                                              
    444.....       21  MED           TRAUMATIC INJURY AGE >17 W CC..       .7290         4.4         5.8          27
    445.....       21  MED           TRAUMATIC INJURY AGE >17 W/O CC       .4664         2.9         3.9          26
    446.....       21  MED           *TRAUMATIC INJURY AGE 0-17.....       .2846         2.4         2.4          22
    447.....       21  MED           ALLERGIC REACTIONS AGE >17.....       .4976         2.3         3.1          20
    448.....       21  MED           ALLERGIC REACTIONS AGE 0-17....       .0896         1.0         1.0           1
    449.....       21  MED           POISONING & TOXIC EFFECTS OF          .7886         3.3         4.8          26
                                      DRUGS AGE >17 W CC.                                                           
    450.....       21  MED           POISONING & TOXIC EFFECTS OF          .4329         1.9         2.6          15
                                      DRUGS AGE >17 W/O CC.                                                         
    451.....       21  MED           *POISONING & TOXIC EFFECTS OF         .2527         2.1         2.1          17
                                      DRUGS AGE 0-17.                                                               
    452.....       21  MED           COMPLICATIONS OF TREATMENT W CC       .9127         3.9         5.6          27
    453.....       21  MED           COMPLICATIONS OF TREATMENT W/O        .4752         2.6         3.5          24
                                      CC.                                                                           
    454.....       21  MED           OTHER INJURY, POISONING & TOXIC       .8906         3.8         6.1          27
                                      EFFECT DIAG W CC.                                                             
    455.....       21  MED           OTHER INJURY, POISONING & TOXIC       .4689         2.3         3.5          25
                                      EFFECT DIAG W/O CC.                                                           
    456.....       22                BURNS, TRANSFERRED TO ANOTHER        1.9410         4.2         8.2          27
                                      ACUTE CARE FACILITY.                                                          
    457.....       22  MED           EXTENSIVE BURNS W/O O.R.             1.5849         2.5         5.1          26
                                      PROCEDURE.                                                                    
    458.....       22  SURG          NON-EXTENSIVE BURNS W SKIN           3.4645        12.8        18.4          36
                                      GRAFT.                                                                        
    459.....       22  SURG          NON-EXTENSIVE BURNS W WOUND          1.9398         8.2        13.2          31
                                      DEBRIDEMENT OR OTHER O.R. PROC.                                               
    460.....       22  MED           NON-EXTENSIVE BURNS W/O O.R.          .9369         5.1         7.3          28
                                      PROCEDURE.                                                                    
    461.....       23  SURG          O.R. PROC W DIAGNOSES OF OTHER       1.0104         2.6         5.4          26
                                      CONTACT W HEALTH SERVICES.                                                    
    462.....       23  MED           REHABILITATION.................      1.4731        11.8        14.7          35
    463.....       23  MED           SIGNS & SYMPTOMS W CC..........       .7416         4.2         5.9          27
    464.....       23  MED           SIGNS & SYMPTOMS W/O CC........       .4972         3.0         4.0          26
    465.....       23  MED           AFTERCARE W HISTORY OF                .4362         1.9         2.9          20
                                      MALIGNANCY AS SECONDARY                                                       
                                      DIAGNOSIS.                                                                    
    466.....       23  MED           AFTERCARE W/O HISTORY OF              .5601         2.5         4.6          26
                                      MALIGNANCY AS SECONDARY                                                       
                                      DIAGNOSIS.                                                                    
    467.....       23  MED           OTHER FACTORS INFLUENCING             .4291         2.6         5.0          26
                                      HEALTH STATUS.                                                                
    468.....                         EXTENSIVE O.R. PROCEDURE             3.5391        11.4        16.5          34
                                      UNRELATED TO PRINCIPAL                                                        
                                      DIAGNOSIS.                                                                    
    469.....  .......  ............  **PRINCIPAL DIAGNOSIS INVALID         .0000          .0          .0           0
                                      AS DISCHARGE DIAGNOSIS.                                                       
    470.....  .......  ............  **UNGROUPABLE..................       .0000          .0          .0           0
    471.....       08  SURG          BILATERAL OR MULTIPLE MAJOR          3.6458         8.0         9.6          31
                                      JOINT PROCS OF LOWER EXTREMITY.                                               
    472.....       22  SURG          EXTENSIVE BURNS W O.R.              10.6993        14.3        31.4          37
                                      PROCEDURE.                                                                    
    473.....       17                ACUTE LEUKEMIA W/O MAJOR O.R.        3.4797         8.9        15.3          32
                                      PROCEDURE AGE >17.                                                            
    474.....                         NO LONGER VALID................       .0000          .0          .0           0
    475.....       04  MED           RESPIRATORY SYSTEM DIAGNOSIS         3.7015         9.1        13.1          32
                                      WITH VENTILATOR SUPPORT.                                                      
    476.....  .......  SURG          PROSTATIC O.R. PROCEDURE             2.2703        11.5        15.1          35
                                      UNRELATED TO PRINCIPAL                                                        
                                      DIAGNOSIS.                                                                    
    477.....  .......  SURG          NON-EXTENSIVE O.R. PROCEDURE         1.5682         5.8         9.4          29
                                      UNRELATED TO PRINCIPAL                                                        
                                      DIAGNOSIS.                                                                    
    478.....       05  SURG          OTHER VASCULAR PROCEDURES W CC.      2.2709         6.0         9.0          29
    479.....       05  SURG          OTHER VASCULAR PROCEDURES W/O        1.3864         3.7         5.0          27
                                      CC.                                                                           
    480.....  .......  SURG          LIVER TRANSPLANT...............     16.3066        24.4        33.8          47
    481.....  .......  SURG          BONE MARROW TRANSPLANT.........     11.6796        27.2        31.2          50
    482.....  .......  SURG          TRACHEOSTOMY FOR FACE,MOUTH &        3.6620        12.4        16.3          35
                                      NECK DIAGNOSES.                                                               
    483.....  .......  SURG          TRACHEOSTOMY EXCEPT FOR             16.1090        38.2        49.7          61
                                      FACE,MOUTH & NECK DIAGNOSES.                                                  
    484.....       24  SURG          CRANIOTOMY FOR MULTIPLE              5.4488        10.9        17.1          34
                                      SIGNIFICANT TRAUMA.                                                           
    485.....       24  SURG          LIMB REATTACHMENT, HIP AND           3.2610        10.5        13.4          33
                                      FEMUR PROC FOR MULTIPLE                                                       
                                      SIGNIFICANT TR.                                                               
    486.....       24  SURG          OTHER O.R. PROCEDURES FOR            4.8763         9.6        15.1          33
                                      MULTIPLE SIGNIFICANT TRAUMA.                                                  
    487.....       24  MED           OTHER MULTIPLE SIGNIFICANT           1.9932         6.8        10.1          30
                                      TRAUMA.                                                                       
    488.....       25  SURG          HIV W EXTENSIVE O.R. PROCEDURE.      4.2177        13.9        19.0         37 
    
    [[Page 45903]]
                                                                                                                    
    489.....       25  MED           HIV W MAJOR RELATED CONDITION..      1.7856         7.8        11.7          31
    490.....       25  MED           HIV W OR W/O OTHER RELATED           1.0476         4.7         7.3          28
                                      CONDITION.                                                                    
    491.....       08  SURG          MAJOR JOINT & LIMB REATTACHMENT      1.6088         4.0         4.8          22
                                      PROCEDURES OF UPPER EXTREMITY.                                                
    492.....       17  MED           CHEMOTHERAPY W ACUTE LEUKEMIA        4.1529        11.8        18.4          35
                                      AS SECONDARY DIAGNOSIS.                                                       
    493.....       07  SURG          LAPAROSCOPIC CHOLECYSTECTOMY W/      1.6501         4.3         6.2          27
                                      O C.D.E. W CC.                                                                
    494.....       07  SURG          LAPAROSCOPIC CHOLECYSTECTOMY W/       .8769         1.8         2.4          15
                                      O C.D.E. W/O CC.                                                              
    495.....  .......  SURG          LUNG TRANSPLANT................      9.5678        18.2        23.2         41 
    ----------------------------------------------------------------------------------------------------------------
    * Medicare data have been supplemented by data from 19 states for low volume DRGS.                              
    ** DRGS 469 and 470 contain cases which could not be assigned to valid DRGS.                                    
    Note: Geometric mean is used only to determine payment for transfer cases.                                      
    Note: Arithmetic mean is used only to determine payment for outlier cases.                                      
    Note: Relative weights are based on Medicare patient data and may not be appropriate for other patients.        
    
    
    
                                             Table 6a.--New Diagnosis Codes                                         
    ----------------------------------------------------------------------------------------------------------------
    Diagnosis code                  Description                      CC           MDC                 DRG           
    ----------------------------------------------------------------------------------------------------------------
    005.81........  Food poisoning due to Vibrio vulnificus...  N                      6  182, 183, 184             
    005.89........  Other bacterial food poisoning............  N                      6  182, 183, 184             
    041.86........  Helicobacter pylori (H. pylori) infection.  N                     18  423                       
    079.81........  Hantavirus infection......................  N                     18  421, 422                  
    278.00........  Obesity, unspecified......................  N                     10  296, 297, 298             
    278.01........  Morbid obesity............................  N                     10  296, 297, 298             
    415.11........  Iatrogenic pulmonary embolism and           Y                      4  78                        
                     infarction.                                                                                    
                                                                                       5  121, 124                  
                                                                                      15  387, 389 \1\              
    415.19........  Other pulmonary embolism and infraction...  Y                      4  78                        
                                                                                       5  121, 124                  
                                                                                      15  387, 389 \1\              
    435.3.........  Vertebrobasilar artery syndrome...........  N                      1  15                        
    458.2.........  Iatrogenic hypotension....................  N                      5  141, 142                  
    569.60........  Colostomy and enterostomy complication,     Y                      6  188, 189, 190             
                     not otherwise specified.                                                                       
    569.61........  Infection of colostomy or enterostomy.....  Y                      6  188, 189, 190             
    569.69........  Other colostomy and enterostomy             Y                      6  188, 189, 190             
                     complication.                                                                                  
    690.10........  Seborrheic dermatitis, unspecified........  N                      9  283, 284                  
    690.11........  Seborrhea capitis.........................  N                      9  283, 284                  
    690.12........  Seborrheic infantile dermatitis...........  N                      9  283, 284                  
    690.18........  Other seborrheic dermatitis...............  N                      9  283, 284                  
    690.8.........  Other erythematosquamous dermatosis.......  N                      9  283, 284                  
    728.86........  Necrotizing fasciitis.....................  Y                      8  248                       
    787.91........  Diarrhea..................................  N                      6  182, 183, 184             
    787.99........  Other symptoms involving digestive system.  N                      6  182, 183, 184             
    989.81........  Toxic effect of asbestos..................  N                     21  449, 450, 451             
    989.82........  Toxic effect of latex.....................  N                     21  449, 450, 451             
    989.83........  Toxic effect of silicone..................  N                     21  449, 450, 451             
    989.84........  Toxic effect of tobacco...................  N                     21  449, 450, 451             
    989.89........  Toxic effect of other substance, chiefly    N                     21  449, 450, 451             
                     nonmedicinal as to source, not elsewhere                                                       
                     classified.                                                                                    
    997.00........  Nervous system complication, unspecified..  Y                      1  34, 35                    
                                                                                      15  387, 389 \1\              
    997.01........  Central nervous system complication.......  Y                      1  34, 35                    
                                                                                      15  387, 389 \1\              
    997.02........  Iatrogenic cerebrovascular infarction or    Y                      1  34, 35                    
                     hemorrhage.                                                                                    
                                                                                      15  387, 389 \1\              
    997.09........  Other nervous system complications........  Y                      1  34, 35                    
                                                                                      15  387, 389 \1\              
    997.91........  Complications affecting other specified     N                     21  452, 453                  
                     body systems, hypertension.                                                                    
    997.99........  Complications affecting other specified     Y                     21  452, 453                  
                     body systems, not elsewhere classified.                                                        
    V12.50........  Personal history of unspecified             N                     23  467                       
                     circulatory disease.                                                                           
    V12.51........  Personal history of venous thrombosis and   N                     23  467                       
                     embolism.                                                                                      
    V12.52........  Personal history of thrombophlebitis......  N                     23  467                       
    V12.59........  Personal history of other diseases, of      N                     23  467                       
                     circulatory system, not elsewhere                                                              
                     classified.                                                                                    
    V15.84........  Personal history of exposure to asbestos..  N                     23  467                       
    
    [[Page 45904]]
                                                                                                                    
    V15.85........  Personal history of exposure to             N                     23  467                       
                     potentially hazardous body fluids.                                                             
    V15.86........  Personal history of exposure to lead......  N                     23  467                       
    V43.81........  Larynx replacement status.................  N                     23  467                       
    V43.82........  Breast replacement status.................  N                     23  467                       
    V43.89........  Other organ or tissue replacement status,   N                     23  467                       
                     not elsewhere classified.                                                                      
    V45.83........  Breast implant removal status.............  N                     23  467                       
    V56.1.........  Fitting and adjustment of dialysis          N                     11  317                       
                     (extracorporeal) (peritoneal) catheter.                                                        
    V58.61........  Long-term (current) use of anticoagulants.  N                     23  465, 466                  
    V58.69........  Long-term (current) use of other            N                     23  465, 466                  
                     medications.                                                                                   
    V58.82........  Fitting and adjustment of non-vascular      N                     23  465, 466                  
                     catheter, not elsewhere classified.                                                            
    V59.01........  Blood donor, whole blood..................  N                     23  467                       
    V59.02........  Blood donor, stem cells...................  N                     23  467                       
    V59.09........  Other blood donor.........................  N                     23  467                       
    V59.6.........  Liver donor...............................  N                      7  205, 206                  
    ----------------------------------------------------------------------------------------------------------------
    \1\ Diagnosis code is classified as a ``major problem'' in these DRGs.                                          
    
    
    
                                             Table 6b.--New Procedure Codes                                         
    ----------------------------------------------------------------------------------------------------------------
    Procedure code                  Description                      OR           MDC                 DRG           
    ----------------------------------------------------------------------------------------------------------------
    05.25.........  Periarterial sympathectomy................  Y                      1  7, 8                      
                                                                                       5  120                       
    32.22.........  Lung volume reduction surgery.............  Y                      4  75                        
    33.50.........  Lung transplantation, not otherwise         Y                    Pre  495                       
                     specified.                                                                                     
    33.51.........  Unilateral lung transplantation...........  Y                    Pre  495                       
    33.52.........  Bilateral lung transplantation............  Y                    Pre  495                       
    36.06.........  Insertion of coronary artery stent(s).....  N             ..........  ..........................
    37.65.........  Implant of an external, pulsatile heart     Y                      5  110, 111                  
                     assist system.                                                                                 
    37.66.........  Implant of an implantable, pulsatile heart  Y                      5  110, 111                  
                     assist system.                                                                                 
    39.50.........  Angioplasty or atherectomy of non-coronary  Y                      1  5                         
                     vessel.                                                                                        
                                                                                       5  478, 479                  
                                                                                       9  269, 270                  
                                                                                      10  292, 293                  
                                                                                      11  315                       
                                                                                      21  442, 443                  
                                                                                      24  486                       
    48.36.........  [Endoscopic] polypectomy of rectum........  N \1\                 17  412                       
    59.72.........  Injection of implant into urethra and/or    N \1\                 11  308, 309                  
                     bladder neck.                                                                                  
                                                                                      13  356                       
    60.21.........  Transurethral (ultrasound) guided laser     Y                     11  306, 307                  
                     induced prostatectomy (TULIP).                                                                 
                                                                                      12  336, 337                  
                                                                              ..........  476                       
    60.29.........  Other transurethral prostatectomy.........  Y                     11  306, 307                  
                                                                                      12  336, 337                  
                                                                              ..........  476                       
    92.3..........  Stereotactic radiosurgery.................  N \1\                  1  1, 2, 3                   
                                                                                      10  286                       
                                                                                      17  400, 406, 407             
    99.00.........  Perioperative autologous transfusion of     N             ..........  ..........................
                     whole blood or blood components.                                                               
    ----------------------------------------------------------------------------------------------------------------
    \1\ Non-OR procedure that affects DRG assignment.                                                               
    
    
                                           Table 6c.--Invalid Diagnosis Codes                                       
    ----------------------------------------------------------------------------------------------------------------
    Diagnosis code                  Description                      CC           MDC                 DRG           
    ----------------------------------------------------------------------------------------------------------------
    005.8.........  Other bacterial food poisoning............  N                      6  182, 183, 184             
    278.0.........  Obesity...................................  N                     10  296, 297, 298             
    415.1.........  Pulmonary embolism and infarction.........  Y                      4  78                        
                                                                                      15  387, 389                  
    569.6.........  Colostomy and enterostomy malfunction.....  Y                      6  188, 189, 190             
    690...........  Erythematosquamous dermatosis.............  N                      9  283, 284                  
    787.9.........  Other symptoms involving digestive system.  N                      6  182, 183, 184             
    989.8.........  Toxic effect of other substances, chiefly   N                     21  449, 450, 451             
                     nonmedicinal as to source.                                                                     
    997.0.........  Central nervous system complications......  Y                      1  34, 35                    
                                                                                      15  387, 389                  
    997.9.........  Complications affecting other specified     Y                     21  452, 453                  
                     body systems, not elsewhere classified.                                                        
    V12.5.........  Personal history of diseases of             N                     23  467                       
                     circulatory system.                                                                            
    V43.8.........  Organ or tissue replaced by other means,    N                     23  467                       
                     not elsewhere classified.                                                                      
    V59.0.........  Blood donor...............................  N                     23  467                       
    ----------------------------------------------------------------------------------------------------------------
    
    
                                                                                                                    
    
    [[Page 45905]]
                                           Table 6d.--Invalid Procedure Codes                                       
    ----------------------------------------------------------------------------------------------------------------
    Procedure code                  Description                      OR           MDC                 DRG           
    ----------------------------------------------------------------------------------------------------------------
    33.5..........  Lung transplant...........................  Y                    Pre  495                       
    39.7..........  Periarterial sympathectomy................  Y                      5  478, 479                  
    60.2..........  Transurethral prostatectomy...............  Y                     11  306, 307                  
                                                                                      12  336, 337, 476             
    ----------------------------------------------------------------------------------------------------------------
    
    
    
                                        Table 6e.--Revised Diagnosis Code Titles                                    
    ----------------------------------------------------------------------------------------------------------------
    Diagnosis code                  Description                      CC           MDC                 DRG           
    ----------------------------------------------------------------------------------------------------------------
    441.00........  Dissection of aorta, unspecified site.....  Y                      5  121, 130, 131             
    441.01........  Dissection of aorta, thoracic.............  Y                      5  121, 130, 131             
    441.02........  Dissection of aorta, abdominal............  Y                      5  121, 130, 131             
    441.03........  Dissection of aorta, thoracoabdominal.....  Y                      5  121, 130, 131             
    560.81........  Intestinal or peritoneal adhesions with     Y                      6  180, 181                  
                     obstruction (postoperative)                                                                    
                     (postinfection).                                                                               
    568.0.........  Peritoneal adhesions (postoperative)        N                      6  188, 189, 190             
                     (postinfection).                                                                               
    614.6.........  Pelvic peritoneal adhesions, female         N                     13  358, 359, 369             
                     (postoperative) (postinfection).                                                               
    650...........  Normal delivery...........................  N                     14  370, 371, 372,            
                                                                                          373, 374, 375             
    780.6.........  Fever.....................................  N                     18  419, 420, 422             
    997.4.........  Digestive system complication.............  Y                      6  188, 189, 190             
    V52.4.........  Fitting and adjustment of breast            N                     23  467                       
                     prosthesis and implant.                                                                        
    V53.5.........  Fitting and adjustment of other intestinal  N                      6  188, 189, 190             
                     appliance.                                                                                     
    V58.81........  Fitting and adjustment of vascular          N                     23  465, 466                  
                     catheter.                                                                                      
    V67.51........  Follow-up examination following completed   N                     23  467                       
                     treatment with high-risk medications, not                                                      
                     elsewhere classified.                                                                          
    ----------------------------------------------------------------------------------------------------------------
    
    
                                        Table 6f.--Revised Procedure Code Titles                                    
    ----------------------------------------------------------------------------------------------------------------
    Procedure code                  Description                      OR           MDC                 DRG           
    ----------------------------------------------------------------------------------------------------------------
    99.02.........  Transfusion of previously collected         N             ..........  ..........................
                     autologous blood.                                                                              
    ----------------------------------------------------------------------------------------------------------------
    
          
    
    [[Page 45906]]
        [GRAPHIC][TIFF OMITTED]TR01SE95.000
        
    
    
    [[Page 45907]]
        [GRAPHIC][TIFF OMITTED]TR01SE95.001
        
    
    
    [[Page 45908]]
        [GRAPHIC][TIFF OMITTED]TR01SE95.002
        
    
    
    BILLING CODE 4120-01-C
    
                                       Table 7a.--Medicare Prospective Payment System Selected Percentile Lengths of Stay                                   
                                                            [FY94 MEDPAR Update 06/95 Grouper V12.0]                                                        
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Arithmetic         10th                                                                     
                      DRG                   Numberdischarges     mean LOS       percentile    25thpercentile  50thpercentile  75thpercentile  90thpercentile
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    001...................................            32563          12.4181               3               5               9              15              25
    002...................................             6318          12.5554               3               6               9              15              25
    003...................................                1           7.0000               7               7               7               7               7
    004...................................             5716           9.9696               2               3               7              13              21
    005...................................            69427           5.2597               2               3               4               6              10
    006...................................              501           4.0279               1               1               2               4               9
    007...................................            10150          14.6042               3               5               9              16              29
    008...................................             2567           4.4437               1               1               3               6              10
    009...................................             1736           8.2160               2               3               6              10              16
    010...................................            20459           8.7558               2               3               6              11              18
    011...................................             2983           5.0851               1               2               4               7              10
    012...................................            23793           8.6530               2               4               6              10              16
    013...................................             6352           6.9216               3               4               5               8              12
    014...................................           355976           8.1794               2               4               6              10              15
    015...................................           148758           4.9390               2               2               4               6               9
    016...................................            12186           7.4179               2               3               5               8              14
    017...................................             3269           4.1318               1               2               3               5               8
    018...................................            22386           6.8428               2               3               5               8              13
    019...................................             7310           4.5988               1               2               4               6               9
    020...................................             8255          11.2443               3               5               9              14              22
    021...................................             1176           8.6548               2               4               7              11              17
    022...................................             3015           5.1035               2               2               4               6              10
    023...................................             6002           5.4725               1               2               4               7              11
    024...................................            58588           6.4046               2               3               4               7              12
    025...................................            22077           4.0534               1               2               3               5               8
    026...................................               48           4.4792               1               2               3               5              11
    027...................................             3438           7.1175               1               1               4               9              16
    028...................................            10488           7.7212               1               3               5               9              16
    029...................................             3382           4.1824               1               2               3               5               8
    030...................................                1          20.0000              20              20              20              20              20
    031...................................             3665           5.5831               1               2               4               6              10
    032...................................             2081           3.2912               1               1               2               4               6
    034...................................            16015           6.8307               2               3               5               8              14
    035...................................             3372           4.6987               1               2               3               6               9
    036...................................            13095           1.7163               1               1               1               2               3
    037...................................             2216           4.1119               1               1               2               5               8
    038...................................              365           2.7342               1               1               2               3               6
    039...................................             4054           1.9171               1               1               1               2               4
    040...................................             2929           3.8631               1               1               2               5               8
    041...................................                1           2.0000               2               2               2               2               2
    042...................................             9820           2.1876               1               1               1               2               4
    043...................................              132           3.8409               1               2               3               5               7
    044...................................             1727           5.8871               2               3               5               7              10
    045...................................             2559           4.3118               1               2               3               5              8 
    
    [[Page 45909]]
                                                                                                                                                            
    046...................................             3321           5.9377               1               3               4               7              11
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    397...................................            14099           6.6178               2               3               5               8              13
    398...................................            17210           7.1325               2               4               6               8              13
    399...................................             1330           4.5850               1               2               4               6               8
    400...................................             8054          11.1912               2               4               8              14              24
    401...................................             6917          13.0344               3               5              10              16              27
    402...................................             1773           4.3971               1               1               3               6              10
    403...................................            34463           9.9275               2               4               7              13              21
    404...................................             3962           5.1562               1               2               4               7              10
    405...................................                1           1.0000               1               1               1               1               1
    406...................................             3686          11.9745               3               5               9              15              24
    407...................................              801           4.9189               1               2               4               6              9 
    
    [[Page 45914]]
                                                                                                                                                            
    408...................................             3384           8.8230               1               2               5              11              21
    409...................................             7060           6.9874               2               3               4               7              15
    410...................................           106214           3.3485               1               2               3               4               6
    411...................................               53           3.3585               1               1               3               5               7
    412...................................               66           2.9394               1               1               2               4               7
    413...................................             8956           9.1131               2               4               7              11              19
    414...................................              913           5.6396               1               2               4               7              11
    415...................................            38353          17.2555               4               8              13              21              34
    416...................................           183781           8.8472               2               4               7              11              17
    417...................................               43           6.1395               2               3               5               7              13
    418...................................            17185           7.2542               2               4               6               9              13
    419...................................            16932           6.1817               2               3               5               7              11
    420...................................             2916           4.5710               2               2               4               6               8
    421...................................            13445           4.8837               2               2               4               6               9
    422...................................               88           4.3295               1               2               3               5               9
    423...................................             8948           9.3368               3               4               7              11              19
    424...................................             2299          19.9696               3               7              13              24              41
    425...................................            17710           5.4580               1               2               4               7              11
    426...................................             5265           6.2494               1               3               4               8              13
    427...................................             2024           5.8384               1               2               4               7              12
    428...................................             1016           8.0807               1               3               5              10              17
    429...................................            36024          10.3797               2               4               6              11              20
    430...................................            59399          10.5850               2               4               8              14              21
    431...................................              223           7.5471               2               3               6               9              14
    432...................................              499           6.6092               1               2               4               7              13
    433...................................             7779           3.7063               1               1               2               4               8
    434...................................            21294           6.3439               2               3               5               7              12
    435...................................            14719           5.0931               1               3               4               6               9
    436...................................             2865          15.4918               4               9              14              21              28
    437...................................            14576          11.7871               4               7              10              15              21
    439...................................              944           9.2606               1               3               6              11              19
    440...................................             4613          10.9638               2               4               7              13              24
    441...................................              631           4.2504               1               1               2               4               7
    442...................................            13846           9.0475               1               3               6              11              19
    443...................................             3731           3.3251               1               1               2               4               7
    444...................................             3562           5.7381               2               3               4               7              11
    445...................................             1441           3.8709               1               2               3               5               7
    447...................................             3613           3.0576               1               1               2               4               6
    448...................................               58           1.0000               1               1               1               1               1
    449...................................            30844           4.7908               1               2               3               6              10
    450...................................             6631           2.5091               1               1               2               3               5
    451...................................                8           3.6250               1               1               2               5               7
    452...................................            19393           5.6265               1               2               4               7              12
    453...................................             3899           3.4047               1               1               2               4               7
    454...................................             4486           6.0105               1               2               4               7              12
    455...................................             1011           3.4649               1               1               2               4               7
    456...................................              199           8.2412               1               1               4               9              20
    457...................................              148           5.0811               1               1               1               6              13
    458...................................             1702          18.4036               4               8              14              24              37
    459...................................              605          13.1818               3               5               8              14              25
    460...................................             2470           7.3405               2               3               5               9              15
    461...................................             3604           5.4456               1               1               2               5              14
    462...................................            10537          14.5672               5               7              13              19              27
    463...................................            11242           5.8466               2               3               4               7              11
    464...................................             2675           3.9267               1               2               3               5               7
    465...................................              257           2.9144               1               1               2               3               5
    466...................................             2364           4.5998               1               1               2               4              10
    467...................................             2726           4.9409               1               1               2               5               9
    468...................................            61159          16.4808               3               7              13              21              32
    471...................................             8878           9.6683               4               6               8              11              16
    472...................................              187          31.3850               1               5              23              44              72
    473...................................             8347          14.9680               2               4               8              23              37
    475...................................            89293          12.9142               2               6              10              17              25
    476...................................             7977          15.0950               4               8              12              18              27
    477...................................            33933           9.3951               1               3               6              12              19
    478...................................           118706           9.0006               2               3               7              11              19
    479...................................            16953           4.8781               1               2               4               6               9
    480...................................              305          33.7836              11              14              22              41              73
    481...................................              136          31.1544              18              22              28              37              46
    482...................................             7250          16.2116               5               8              12              19             30 
    
    [[Page 45915]]
                                                                                                                                                            
    483...................................            36919          49.3175              16              25              39              60              91
    484...................................              359          17.1142               2               6              13              22              33
    485...................................             3100          13.3335               5               7              10              15              25
    486...................................             2297          14.9495               1               6              11              19              30
    487...................................             3787           9.8590               2               4               7              12              19
    488...................................             1217          18.9836               5               8              14              23              36
    489...................................            13239          11.6630               3               4               8              14              24
    490...................................             3969           7.3263               1               3               5               8              15
    491...................................             9282           4.7884               2               3               4               6               8
    492...................................             2077          18.3524               4               5              12              28              38
    493...................................            53242           6.1192               1               2               5               8              12
    494...................................            28904           2.3069               1               1               1               3               5
    495...................................              145          23.2897               9              13              18              26              36
                                           ------------------                                                                                               
                                                   11003466                                                                                                 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
                                       Table 7b.--Medicare Prospective Payment System Selected Percentile Lengths of Stay                                   
                                                            [FY94 MEDPAR Update 06/95 Grouper V13.0]                                                        
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Arithmetic         10th                                                                     
                      DRG                   Numberdischarges     mean LOS       percentile    25thpercentile  50thpercentile  75thpercentile  90thpercentile
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    001...................................            32563          12.4181               3               5               9              15              25
    002...................................             6317          12.5552               3               6               9              15              25
    003...................................                1           7.0000               7               7               7               7               7
    004...................................             5716           9.9696               2               3               7              13              21
    005...................................            69427           5.2597               2               3               4               6              10
    006...................................              501           4.0279               1               1               2               4               9
    007...................................            10054          14.6588               3               5               9              16              30
    008...................................             2662           4.5995               1               1               3               6              10
    009...................................             1736           8.2160               2               3               6              10              16
    010...................................            20281           8.7667               2               3               6              11              18
    011...................................             3161           5.2221               1               2               4               7              11
    012...................................            23793           8.6530               2               4               6              10              16
    013...................................             6352           6.9216               3               4               5               8              12
    014...................................           355976           8.1794               2               4               6              10              15
    015...................................           148758           4.9390               2               2               4               6               9
    016...................................            11897           7.4574               2               3               5               8              14
    017...................................             3558           4.2664               1               2               3               5               8
    018...................................            21928           6.8581               2               3               5               8              13
    019...................................             7768           4.6881               1               2               4               6               9
    020...................................             8255          11.2443               3               5               9              14              22
    021...................................             1176           8.6548               2               4               7              11              17
    022...................................             3015           5.1035               2               2               4               6              10
    023...................................             6002           5.4725               1               2               4               7              11
    024...................................            56785           6.4601               2               3               4               7              12
    025...................................            23880           4.0990               1               2               3               5               8
    026...................................               48           4.4792               1               2               3               5              11
    027...................................             3431           7.0982               1               1               4               8              16
    028...................................            10184           7.7692               1               3               5               9              16
    029...................................             3686           4.3416               1               2               3               5               9
    030...................................                1          20.0000              20              20              20              20              20
    031...................................             3525           5.6423               1               2               4               6              10
    032...................................             2221           3.3417               1               1               2               4               6
    034...................................            15768           6.8472               2               3               5               8              14
    035...................................             3619           4.7720               1               2               3               6               9
    036...................................            12400           1.6868               1               1               1               2               3
    037...................................             2216           4.1119               1               1               2               5               8
    038...................................              365           2.7342               1               1               2               3               6
    039...................................             4054           1.9171               1               1               1               2               4
    040...................................             3624           3.5524               1               1               2               4               8
    041...................................                1           2.0000               2               2               2               2               2
    042...................................             9820           2.1876               1               1               1               2               4
    043...................................              132           3.8409               1               2               3               5               7
    044...................................             1727           5.8871               2               3               5               7              10
    045...................................             2559           4.3118               1               2               3               5               8
    046...................................             3246           5.9640               1               3               4               7              11
    047...................................             1530           3.9510               1               2               3               5               8
    049...................................             2308           7.0156               2               3               5               8             14 
    
    [[Page 45916]]
                                                                                                                                                            
    050...................................             3738           2.3767               1               1               2               3               4
    051...................................              376           3.0213               1               1               2               3               7
    052...................................               89           3.3596               1               1               2               4               7
    053...................................             3955           3.7067               1               1               2               4               8
    054...................................                2           4.0000               1               1               7               7               7
    055...................................             2311           2.9619               1               1               1               3               7
    056...................................              788           3.0089               1               1               2               4               6
    057...................................              663           4.8763               1               2               3               6              12
    059...................................              109           2.9174               1               1               2               3               6
    060...................................                2           1.5000               1               1               2               2               2
    061...................................              269           5.8513               1               1               3               8              14
    063...................................             4451           4.9155               1               2               3               6              10
    064...................................             3708           8.1238               1               2               5              10              18
    065...................................            35151           3.6832               1               2               3               4               7
    066...................................             7326           3.8463               1               2               3               5               7
    067...................................              482           4.3320               1               2               3               5               8
    068...................................            15027           5.1614               2               3               4               6               9
    069...................................             4570           4.0689               2               2               3               5               7
    070...................................               20           2.9500               1               1               2               3               4
    071...................................              131           4.3282               1               2               4               6               8
    072...................................              672           4.6652               1               2               3               5               8
    073...................................             6398           5.3993               1               2               4               7              10
    074...................................                1           5.0000               5               5               5               5               5
    075...................................            39140          11.8686               4               6               9              14              23
    076...................................            39373          13.3698               3               6              10              16              25
    077...................................             2708           5.8988               1               2               4               8              12
    078...................................            27898           8.7011               4               6               8              10              14
    079...................................           201195          10.0750               3               5               8              12              19
    080...................................             9620           7.1426               3               4               6               9              13
    081...................................               15           6.7333               1               2               7               9              14
    082...................................            71979           8.4061               2               4               6              11              17
    083...................................             7543           6.8481               2               3               5               8              13
    084...................................             1658           4.2232               1               2               3               5               7
    085...................................            18380           7.8162               2               4               6              10              15
    086...................................             1461           4.6283               1               2               4               6               9
    087...................................            56282           7.2175               1               3               6               9              14
    088...................................           362753           6.5711               2               4               5               8              12
    089...................................           446949           7.5767               3               4               6               9              13
    090...................................            45881           5.5353               2               3               5               7               9
    091...................................               84           6.0238               1               3               4               8              12
    092...................................            11454           7.6810               2               4               6               9              14
    093...................................             1413           5.2562               2               3               4               7              10
    094...................................            10540           8.0123               2               4               6              10              15
    095...................................             1192           4.6988               2               3               4               6               8
    096...................................            73149           5.9075               2               3               5               7              10
    097...................................            29705           4.5723               2               3               4               6               8
    098...................................               30           5.1000               2               3               4               8               9
    099...................................            26903           3.9009               1               2               3               5               7
    100...................................            11202           2.6338               1               1               2               3               5
    101...................................            19018           5.9986               2               3               5               7              12
    102...................................             3241           4.0040               1               2               3               5               7
    103...................................              404          39.0495              10              15              26              51              82
    104...................................            22320          16.0147               7               9              14              20              28
    105...................................            19215          11.9858               6               7               9              14              21
    106...................................            92000          12.7277               7               8              11              15              21
    107...................................            59494           9.7554               5               7               8              11              15
    108...................................             6459          13.4696               5               7              11              16              25
    110...................................            58130          11.5090               3               6               9              14              22
    111...................................             5956           7.1711               3               5               7               9              11
    112...................................           184483           4.9679               1               2               4               7              10
    113...................................            45403          15.9297               4               7              11              19              32
    114...................................             8942          10.4369               2               4               8              13              20
    115...................................            10550          11.7955               4               7              10              14              21
    116...................................            80447           5.8978               1               2               4               7              12
    117...................................             4411           4.4493               1               2               3               5               9
    118...................................             7528           3.4186               1               1               2               4               7
    119...................................             1966           5.9135               1               1               3               7              13
    120...................................            42958          10.1097               1               3               6              13              22
    121...................................           166593           8.0247               3               5               7              10              14
    122...................................            94245           5.5284               1               3               5               7              9 
    
    [[Page 45917]]
                                                                                                                                                            
    123...................................            51365           4.8941               1               1               3               6              12
    124...................................           140582           5.2192               1               2               4               7              10
    125...................................            64357           3.1794               1               1               2               4               6
    126...................................             4717          15.9275               4               7              12              20              32
    127...................................           703314           6.7118               2               3               5               8              13
    128...................................            21635           7.2159               4               5               6               8              11
    129...................................             5134           3.7156               1               1               1               4               9
    130...................................            88588           7.1348               2               4               6               9              13
    131...................................            25955           5.4340               1               3               5               7               9
    132...................................            57370           3.9386               1               2               3               5               7
    133...................................             5109           3.0803               1               1               2               4               6
    134...................................            30488           4.2292               1               2               3               5               8
    135...................................             6876           5.6498               1               2               4               7              11
    136...................................             1198           3.5993               1               2               3               4               6
    137...................................                1          19.0000              19              19              19              19              19
    138...................................           203018           4.9328               1               2               4               6               9
    139...................................            71858           3.1432               1               2               2               4               6
    140...................................           274276           3.8055               1               2               3               5               7
    141...................................            76039           5.0041               2               2               4               6               9
    142...................................            36892           3.4454               1               2               3               4               6
    143...................................           139417           2.8478               1               1               2               3               5
    144...................................            65937           6.0300               1               2               4               7              12
    145...................................             6907           3.4368               1               2               3               4               7
    146...................................             8234          11.7471               6               8              10              13              19
    147...................................             1686           7.8713               4               6               8               9              11
    148...................................           147371          14.1723               6               8              11              17              25
    149...................................            16932           8.1214               5               6               8               9              12
    150...................................            23228          12.3597               5               7              10              15              22
    151...................................             4775           6.8084               2               4               6               9              12
    152...................................             4652           9.6466               4               6               8              11              16
    153...................................             1896           6.3771               3               5               6               8              10
    154...................................            37655          16.0775               6               8              12              20              30
    155...................................             4369           6.6709               2               4               6               8              12
    156...................................                7          14.2857               3               7              17              18              22
    157...................................            11925           6.0642               1               2               4               7              12
    158...................................             6191           2.9616               1               1               2               4               6
    159...................................            17740           5.5558               1               3               4               7              11
    160...................................            10805           3.0621               1               2               3               4               6
    161...................................            16711           4.5214               1               2               3               6               9
    162...................................             9822           2.2040               1               1               2               3               4
    163...................................               14           5.0000               1               2               3               7              11
    164...................................             5233           9.9318               4               6               8              12              17
    165...................................             1784           6.0701               3               4               6               7               9
    166...................................             3351           6.0624               2               3               5               8              11
    167...................................             2343           3.5924               2               2               3               4               6
    168...................................             1989           5.6310               1               2               3               7              13
    169...................................             1150           2.7374               1               1               2               3               6
    170...................................            13122          13.2964               3               6              10              17              27
    171...................................             1192           6.1678               1               3               5               8              12
    172...................................            32126           8.7343               2               3               6              11              18
    173...................................             2391           4.5575               1               2               3               6               9
    174...................................           241449           5.9594               2               3               5               7              11
    175...................................            26093           3.7730               1               2               3               5               7
    176...................................            16136           6.4648               2               3               5               8              12
    177...................................            13035           5.4607               2               3               4               7              10
    178...................................             4835           3.9305               1               2               3               5               7
    179...................................            10795           7.7602               2               4               6               9              14
    180...................................            80115           6.5037               2               3               5               8              12
    181...................................            23650           4.1622               1               2               4               5               7
    182...................................           237691           5.3815               2               3               4               7              10
    183...................................            77901           3.7210               1               2               3               5               7
    184...................................               81           3.0494               1               1               2               4               6
    185...................................             4072           5.7876               1               2               4               7              12
    186...................................                4           5.7500               3               3               5               6               9
    187...................................              947           3.8353               1               2               3               5               7
    188...................................            59776           6.5322               2               3               5               8              13
    189...................................             8633           3.8291               1               1               3               5               8
    190...................................               90           6.4556               2               3               4               8              14
    191...................................            10712          17.3836               5               8              13              22              35
    192...................................              907           8.2591               2               5               7              10             15 
    
    [[Page 45918]]
                                                                                                                                                            
    193...................................             9602          14.8980               6               8              12              18              27
    194...................................             1017           8.5320               3               5               8              11              15
    195...................................            11225          11.1842               5               7               9              13              19
    196...................................             1014           7.1647               3               5               7               9              11
    197...................................            31505           9.6595               4               5               8              11              17
    198...................................             9564           5.3496               2               3               5               7               9
    199...................................             2540          12.4102               3               6              10              16              24
    200...................................             1620          12.6056               2               4               9              16              27
    201...................................             1615          16.0904               4               7              12              20              30
    202...................................            24533           8.2755               2               4               6              10              16
    203...................................            29689           8.2140               2               3               6              10              16
    204...................................            48970           7.1515               2               3               5               9              14
    205...................................            22181           7.9563               2               3               6              10              16
    206...................................             1920           4.9693               1               2               4               6              10
    207...................................            37149           6.1056               2               3               5               8              12
    208...................................            11509           3.5696               1               2               3               5               7
    209...................................           327144           7.6473               4               5               7               9              12
    210...................................           136786           9.8010               4               6               8              11              16
    211...................................            27783           7.2033               4               5               6               8              11
    212...................................               22           5.2273               2               3               4               9              10
    213...................................             6859          10.6336               3               4               8              13              21
    214...................................            52362           7.3958               2               4               6               9              14
    215...................................            42805           4.1898               2               2               3               5               7
    216...................................             6776          12.2010               3               5               9              15              25
    217...................................            19370          17.0114               3               6              11              20              36
    218...................................            23321           6.8681               2               3               5               8              13
    219...................................            19759           4.1052               2               2               3               5               7
    220...................................                5           4.8000               1               1               3               9               9
    221...................................             5000           8.8390               2               4               6              10              17
    222...................................             3984           4.2465               1               2               3               5               8
    223...................................            20206           3.0441               1               1               2               3               6
    224...................................             8998           2.4032               1               1               2               3               4
    225...................................             7067           5.0662               1               2               3               6              11
    226...................................             5814           7.3156               1               2               5               9              15
    227...................................             5364           3.1943               1               1               2               4               6
    228...................................             3483           3.8088               1               1               2               4               8
    229...................................             1608           2.4254               1               1               2               3               5
    230...................................             2717           5.5778               1               2               3               6              12
    231...................................            11115           5.5294               1               2               3               7              12
    232...................................              661           4.4781               1               1               2               5              10
    233...................................             4776           9.8306               2               4               7              12              20
    234...................................             2354           4.5242               1               2               3               6               9
    235...................................             6118           7.6857               2               3               5               8              15
    236...................................            40137           6.9930               2               3               5               8              13
    237...................................             1595           4.9292               1               2               4               6               9
    238...................................             7380          11.3585               3               5               8              13              22
    239...................................            62864           8.3598               3               4               6              10              16
    240...................................            11832           8.0401               2               4               6              10              16
    241...................................             3284           4.9315               1               2               4               6               9
    242...................................             2565           8.8881               3               4               7              11              17
    243...................................            88802           6.1276               2               3               5               8              11
    244...................................            11514           6.4164               2               3               5               8              12
    245...................................             4748           4.5746               1               2               3               6               8
    246...................................             1417           4.6789               2               2               4               6               8
    247...................................            10573           4.2631               1               2               3               5               8
    248...................................             6790           5.7025               2               3               4               7              10
    249...................................             9934           4.6467               1               2               3               6               9
    250...................................             3475           5.6636               1               2               4               6              11
    251...................................             2441           3.2466               1               1               2               4               6
    252...................................                1           1.0000               1               1               1               1               1
    253...................................            18273           6.5851               2               3               5               8              12
    254...................................            10412           4.0742               1               2               3               5               8
    255...................................                5           9.0000               3               3               8              10              20
    256...................................             9799           4.3950               1               2               3               5               9
    257...................................            26246           3.9084               2               2               3               4               7
    258...................................            21132           2.7872               1               2               2               3               5
    259...................................             4424           4.0995               1               1               2               4               8
    260...................................             5371           1.9916               1               1               2               2               3
    261...................................             2601           2.5698               1               1               2               3               5
    262...................................              810           4.0099               1               1               2               5              9 
    
    [[Page 45919]]
                                                                                                                                                            
    263...................................            30957          15.8007               4               7              11              19              31
    264...................................             3786           9.1918               3               4               7              11              19
    265...................................             4698           7.9208               1               2               5               9              17
    266...................................             3049           3.8964               1               1               3               5               8
    267...................................              250           4.4360               1               1               2               5               9
    268...................................             1194           4.4422               1               1               2               5               9
    269...................................            10904           9.9901               2               4               7              13              21
    270...................................             4123           3.5986               1               1               2               4               8
    271...................................            21708           9.4615               3               5               7              11              17
    272...................................             6462           8.0888               2               4               6              10              15
    273...................................             1651           6.1024               2               3               4               7              13
    274...................................             2629           8.0738               1               3               6              10              16
    275...................................              263           3.4563               1               1               2               4               8
    276...................................              942           5.4055               2               3               4               7              10
    277...................................            80460           7.2966               3               4               6               9              13
    278...................................            27732           5.4998               2               3               5               7               9
    279...................................               14           5.8571               1               2               4               7              14
    280...................................            13633           5.5404               1               2               4               7              10
    281...................................             6506           3.9276               1               2               3               5               7
    282...................................                1          18.0000              18              18              18              18              18
    283...................................             5608           5.9627               2               3               4               7              11
    284...................................             1871           4.0823               1               2               3               5               8
    285...................................             4921          15.3534               4               7              11              19              29
    286...................................             1918           8.9724               3               5               6              10              17
    287...................................             6703          15.4899               4               6              10              18              31
    288...................................              844           7.9656               3               4               6               8              14
    289...................................             5118           4.5346               1               2               3               4               9
    290...................................             9053           2.9759               1               2               2               3               5
    291...................................               85           1.6235               1               1               1               2               3
    292...................................             5300          13.8000               3               5              10              17              27
    293...................................              304           6.3980               1               2               5               8              12
    294...................................            95175           6.1560               2               3               5               7              11
    295...................................             3733           5.1117               1               2               4               6               9
    296...................................           226402           7.0218               2               3               5               8              13
    297...................................            34680           4.5918               1               2               3               6               8
    298...................................              110           3.8636               1               2               3               5               7
    299...................................              934           6.1392               1               2               4               7              12
    300...................................            13699           7.8699               2               4               6               9              15
    301...................................             2241           4.7822               1               2               4               6               9
    302...................................             7927          14.0269               6               8              11              16              25
    303...................................            18561          11.0121               5               6               9              13              20
    304...................................            13350          11.0605               3               5               8              14              22
    305...................................             2758           5.3985               1               3               5               7               9
    306...................................            12058           7.0994               2               3               5               9              15
    307...................................             3012           3.3396               1               2               3               4               6
    308...................................             9940           7.5354               1               3               5               9              16
    309...................................             3636           3.2492               1               1               2               4               7
    310...................................            31553           4.8978               1               2               3               6              10
    311...................................            12053           2.3708               1               1               2               3               4
    312...................................             2334           5.1127               1               2               3               6              11
    313...................................              995           2.5739               1               1               2               3               5
    314...................................                1           5.0000               5               5               5               5               5
    315...................................            30593          10.2945               1               2               6              13              23
    316...................................            65609           7.9880               2               3               6              10              16
    317...................................              877           4.0718               1               1               2               4               8
    318...................................             6466           7.5396               2               3               5               9              16
    319...................................              534           3.4120               1               1               2               4               7
    320...................................           175172           7.0612               3               4               6               8              13
    321...................................            28176           5.0569               2               3               4               6               8
    322...................................               89           5.4270               1               2               4               6              12
    323...................................            18929           3.7670               1               2               3               5               7
    324...................................            10049           2.2562               1               1               2               3               4
    325...................................             8473           4.8960               1               2               4               6               9
    326...................................             2687           3.3651               1               2               3               4               6
    327...................................                6           1.8333               1               1               1               2               2
    328...................................              900           4.3789               1               2               3               5               8
    329...................................              150           2.3400               1               1               2               3               5
    331...................................            37821           6.7707               2               3               5               8              13
    332...................................             5338           4.1948               1               2               3               5               8
    333...................................              346           5.9711               1               2               4               7             14 
    
    [[Page 45920]]
                                                                                                                                                            
    334...................................            22781           6.8779               4               5               6               8              10
    335...................................            11286           5.3115               3               4               5               6               8
    336...................................            70900           4.5949               2               2               3               5               8
    337...................................            46368           2.9836               1               2               3               4               5
    338...................................             6388           5.6464               1               2               4               7              12
    339...................................             2672           4.7178               1               2               3               6              10
    340...................................                1           2.0000               2               2               2               2               2
    341...................................             7825           3.7127               1               2               3               4               7
    342...................................              230           4.1783               1               1               2               5               9
    344...................................             5318           3.4810               1               1               2               4               7
    345...................................             1679           4.6176               1               2               3               5              10
    346...................................             5920           7.5142               2               3               5               9              15
    347...................................              575           3.5896               1               1               2               4               7
    348...................................             3277           5.2820               1               2               4               6              10
    349...................................              834           3.1187               1               1               2               4               6
    350...................................             7474           5.2455               2               3               4               6               9
    352...................................              718           4.2382               1               2               3               5               9
    353...................................             2662           9.3963               4               5               7              11              17
    354...................................            10205           6.7863               3               4               5               8              12
    355...................................             5957           4.0754               3               3               4               5               6
    356...................................            36835           3.3217               2               2               3               4               5
    357...................................             6765          10.6010               4               5               8              12              19
    358...................................            26783           5.0861               3               3               4               6               8
    359...................................            28033           3.5067               2               3               3               4               5
    360...................................             9750           4.2228               2               2               3               5               7
    361...................................              556           4.9730               1               2               3               6              10
    363...................................             4977           3.7261               1               2               2               4               7
    364...................................             1926           3.8089               1               1               2               5               8
    365...................................             2585           8.7060               2               3               6              11              19
    366...................................             4743           8.1564               2               3               6              10              17
    367...................................              633           3.6919               1               1               2               4               8
    368...................................             2177           7.1075               2               3               6               9              13
    369...................................             2475           3.8869               1               1               3               5               8
    370...................................             1052           5.7253               3               3               4               6              10
    371...................................             1023           3.7664               2               3               3               4               5
    372...................................              771           3.5175               1               2               2               3               6
    373...................................             3627           2.1012               1               1               2               2               3
    374...................................              149           2.8389               1               2               2               3               4
    375...................................                6           2.6667               1               2               3               3               3
    376...................................              198           3.7121               1               1               2               4               8
    377...................................               37           4.2973               1               1               2               5              10
    378...................................              195           2.8410               1               2               3               4               4
    379...................................              358           3.3715               1               1               2               4               7
    380...................................               79           1.9747               1               1               1               2               4
    381...................................              234           2.0556               1               1               1               2               3
    382...................................               62           1.8548               1               1               1               1               2
    383...................................             1290           4.3473               1               2               3               5               8
    384...................................              129           2.0543               1               1               1               2               4
    385...................................                4           9.2500               1               1               7               9              20
    389...................................               29          10.3448               1               5               9              14              18
    390...................................               20           4.4000               1               2               2               3               7
    392...................................             2618          12.0038               4               6               9              15              24
    393...................................                4          10.5000               4               4               7              12              19
    394...................................             1826           8.4869               1               2               5              10              20
    395...................................            69620           5.7869               1               2               4               7              11
    396...................................               25           4.1600               1               1               2               5              11
    397...................................            14099           6.6178               2               3               5               8              13
    398...................................            17056           7.1449               2               4               6               8              13
    399...................................             1484           4.7069               1               2               4               6               8
    400...................................             8054          11.1912               2               4               8              14              24
    401...................................             6822          13.0981               3               5              10              17              27
    402...................................             1868           4.6039               1               1               3               6              10
    403...................................            34099           9.9506               2               4               7              13              21
    404...................................             4326           5.3754               1               2               4               7              11
    405...................................                1           1.0000               1               1               1               1               1
    406...................................             3631          12.0353               3               5               9              15              24
    407...................................              856           5.1145               1               3               4               7               9
    408...................................             3384           8.8230               1               2               5              11              21
    409...................................             7060           6.9874               2               3               4               7              15
    410...................................           106214           3.3485               1               2               3               4              6 
    
    [[Page 45921]]
                                                                                                                                                            
    411...................................               53           3.3585               1               1               3               5               7
    412...................................               66           2.9394               1               1               2               4               7
    413...................................             8869           9.1250               2               4               7              11              19
    414...................................             1000           5.8360               1               2               4               7              12
    415...................................            38353          17.2555               4               8              13              21              34
    416...................................           183781           8.8472               2               4               7              11              17
    417...................................               43           6.1395               2               3               5               7              13
    418...................................            17185           7.2542               2               4               6               9              13
    419...................................            16596           6.2037               2               3               5               7              12
    420...................................             3252           4.6248               2               3               4               6               8
    421...................................            13445           4.8837               2               2               4               6               9
    422...................................               88           4.3295               1               2               3               5               9
    423...................................             8948           9.3368               3               4               7              11              19
    424...................................             2299          19.9696               3               7              13              24              41
    425...................................            17710           5.4580               1               2               4               7              11
    426...................................             5265           6.2494               1               3               4               8              13
    427...................................             2024           5.8384               1               2               4               7              12
    428...................................             1016           8.0807               1               3               5              10              17
    429...................................            36024          10.3797               2               4               6              11              20
    430...................................            59399          10.5850               2               4               8              14              21
    431...................................              223           7.5471               2               3               6               9              14
    432...................................              499           6.6092               1               2               4               7              13
    433...................................             7779           3.7063               1               1               2               4               8
    434...................................            20506           6.3770               2               3               5               7              12
    435...................................            15507           5.1130               1               3               4               6               9
    436...................................             2865          15.4918               4               9              14              21              28
    437...................................            14576          11.7871               4               7              10              15              21
    439...................................              944           9.2606               1               3               6              11              19
    440...................................             4613          10.9638               2               4               7              13              24
    441...................................              631           4.2504               1               1               2               4               7
    442...................................            13715           9.0734               1               3               6              11              19
    443...................................             3862           3.4270               1               1               2               4               7
    444...................................             3496           5.7695               2               3               4               7              11
    445...................................             1507           3.8799               1               2               3               5               7
    447...................................             3613           3.0576               1               1               2               4               6
    448...................................               58           1.0000               1               1               1               1               1
    449...................................            30186           4.8263               1               2               3               6              10
    450...................................             7289           2.5681               1               1               2               3               5
    451...................................                8           3.6250               1               1               2               5               7
    452...................................            19238           5.6305               1               2               4               7              12
    453...................................             4054           3.4706               1               1               2               4               7
    454...................................             4384           6.0557               1               2               4               7              12
    455...................................             1113           3.5202               1               1               2               4               7
    456...................................              199           8.2412               1               1               4               9              20
    457...................................              148           5.0811               1               1               1               6              13
    458...................................             1702          18.4036               4               8              14              24              37
    459...................................              605          13.1818               3               5               8              14              25
    460...................................             2470           7.3405               2               3               5               9              15
    461...................................             3604           5.4456               1               1               2               5              14
    462...................................            10537          14.5672               5               7              13              19              27
    463...................................            10985           5.8645               2               3               4               7              11
    464...................................             2932           4.0280               1               2               3               5               7
    465...................................              257           2.9144               1               1               2               3               5
    466...................................             2364           4.5998               1               1               2               4              10
    467...................................             2726           4.9409               1               1               2               5               9
    468...................................            61093          16.4858               3               7              13              21              32
    471...................................             8878           9.6683               4               6               8              11              16
    472...................................              187          31.3850               1               5              23              44              72
    473...................................             8347          14.9680               2               4               8              23              37
    475...................................            89293          12.9142               2               6              10              17              25
    476...................................             7978          15.0978               4               8              12              18              27
    477...................................            33998           9.3991               1               3               6              12              19
    478...................................           117647           9.0174               2               3               7              11              19
    479...................................            18005           5.0104               1               2               4               6               9
    480...................................              305          33.7836              11              14              22              41              73
    481...................................              136          31.1544              18              22              28              37              46
    482...................................             7250          16.2116               5               8              12              19              30
    483...................................            36919          49.3175              16              25              39              60              91
    484...................................              360          17.1056               2               6              13              22              33
    485...................................             3100          13.3335               5               7              10              15             25 
    
    [[Page 45922]]
                                                                                                                                                            
    486...................................             2298          14.9500               1               6              11              19              30
    487...................................             3794           9.8714               2               4               7              12              19
    488...................................             1217          18.9836               5               8              14              23              36
    489...................................            13239          11.6630               3               4               8              14              24
    490...................................             3969           7.3263               1               3               5               8              15
    491...................................             9282           4.7884               2               3               4               6               8
    492...................................             2077          18.3524               4               5              12              28              38
    493...................................            51794           6.1615               1               2               5               8              12
    494...................................            30352           2.4166               1               1               1               3               5
    495...................................              145          23.2897               9              13              18              26              36
                                           ------------------                                                                                               
                                                   11003466                                                                                                 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
     Table 8a.--Statewide Average Operating Cost-To-Charge Ratios for Urban 
                 and Rural Hospitals (Case Weighted) August 1995            
    ------------------------------------------------------------------------
                             State                           Urban    Rural 
    ------------------------------------------------------------------------
    ALABAMA...............................................    0.436    0.484
    ALASKA................................................    0.535    0.721
    ARIZONA...............................................    0.459    0.643
    ARKANSAS..............................................    0.552    0.516
    CALIFORNIA............................................    0.438    0.537
    COLORADO..............................................    0.518    0.582
    CONNECTICUT...........................................    0.557    0.576
    DELAWARE..............................................    0.533    0.516
    DISTRICT OF COLUMBIA..................................    0.532  .......
    FLORIDA...............................................    0.435    0.432
    GEORGIA...............................................    0.541    0.540
    HAWAII................................................    0.519    0.553
    IDAHO.................................................    0.580    0.673
    ILLINOIS..............................................    0.523    0.605
    INDIANA...............................................    0.580    0.633
    IOWA..................................................    0.554    0.716
    KANSAS................................................    0.506    0.688
    KENTUCKY..............................................    0.522    0.562
    LOUISIANA.............................................    0.497    0.559
    MAINE.................................................    0.613    0.560
    MARYLAND..............................................    0.764    0.806
    MASSACHUSETTS.........................................    0.612    0.622
    MICHIGAN..............................................    0.549    0.657
    MINNESOTA.............................................    0.583    0.648
    MISSISSIPPI...........................................    0.544    0.532
    MISSOURI..............................................    0.474    0.531
    MONTANA...............................................    0.544    0.661
    NEBRASKA..............................................    0.529    0.694
    NEVADA................................................    0.343    0.628
    NEW HAMPSHIRE.........................................    0.592    0.625
    NEW JERSEY............................................    0.543  .......
    NEW MEXICO............................................    0.485    0.549
    NEW YORK..............................................    0.633    0.721
    NORTH CAROLINA........................................    0.567    0.520
    NORTH DAKOTA..........................................    0.652    0.695
    OHIO..................................................    0.594    0.633
    OKLAHOMA..............................................    0.506    0.572
    OREGON................................................    0.604    0.637
    PENNSYLVANIA..........................................    0.455    0.579
    PUERTO RICO...........................................    0.554    0.855
    RHODE ISLAND..........................................    0.615  .......
    SOUTH CAROLINA........................................    0.510    0.524
    SOUTH DAKOTA..........................................    0.563    0.656
    TENNESSEE.............................................    0.530    0.569
    TEXAS.................................................    0.491    0.593
    UTAH..................................................    0.591    0.648
    VERMONT...............................................    0.627    0.611
    VIRGINIA..............................................    0.513    0.549
    WASHINGTON............................................    0.657    0.676
    WEST VIRGINIA.........................................    0.577    0.529
    WISCONSIN.............................................    0.640    0.706
    WYOMING...............................................    0.611    0.765
    ------------------------------------------------------------------------
    
    
        Table 8b.--Statewide Average Capital Cost-To-Charge Ratios (Case    
                              Weighted) August 1995                         
    ------------------------------------------------------------------------
                                 State                                Ratio 
    ------------------------------------------------------------------------
    ALABAMA........................................................    0.053
    ALASKA.........................................................    0.075
    ARIZONA........................................................    0.062
    ARKANSAS.......................................................    0.050
    CALIFORNIA.....................................................    0.041
    COLORADO.......................................................    0.051
    CONNECTICUT....................................................    0.037
    DELAWARE.......................................................    0.055
    DISTRICT OF COLUMBIA...........................................    0.043
    FLORIDA........................................................    0.053
    GEORGIA........................................................    0.050
    HAWAII.........................................................    0.063
    IDAHO..........................................................    0.075
    ILLINOIS.......................................................    0.049
    INDIANA........................................................    0.059
    IOWA...........................................................    0.058
    KANSAS.........................................................    0.062
    KENTUCKY.......................................................    0.059
    LOUISIANA......................................................    0.074
    MAINE..........................................................    0.042
    MASSACHUSETTS..................................................    0.061
    MICHIGAN.......................................................    0.059
    MINNESOTA......................................................    0.055
    MISSISSIPPI....................................................    0.055
    MISSOURI.......................................................    0.054
    MONTANA........................................................    0.067
    NEBRASKA.......................................................    0.061
    NEVADA.........................................................    0.036
    NEW HAMPSHIRE..................................................    0.064
    NEW JERSEY.....................................................    0.051
    NEW MEXICO.....................................................    0.056
    NEW YORK.......................................................    0.061
    NORTH CAROLINA.................................................    0.048
    NORTH DAKOTA...................................................    0.075
    OHIO...........................................................    0.061
    OKLAHOMA.......................................................    0.059
    OREGON.........................................................    0.068
    PENNSYLVANIA...................................................    0.047
    PUERTO RICO....................................................    0.090
    RHODE ISLAND...................................................    0.027
    SOUTH CAROLINA.................................................    0.064
    SOUTH DAKOTA...................................................    0.065
    TENNESSEE......................................................    0.057
    TEXAS..........................................................    0.059
    UTAH...........................................................    0.050
    VERMONT........................................................    0.050
    VIRGINIA.......................................................    0.058
    WASHINGTON.....................................................    0.068
    WEST VIRGINIA..................................................    0.058
    WISCONSIN......................................................    0.048
    WYOMING........................................................    0.072
    ------------------------------------------------------------------------
    
    
     Table 10.--Percentage Difference in Wage Indexes for Areas That Qualify for a Wage Index Exception for Excluded
                                                   Hospitals and Units                                              
    ----------------------------------------------------------------------------------------------------------------
                                         1982-1992       1984-1992       1988-1992       1990-1992       1991-1992  
                  Area                  difference      difference      difference      difference      difference  
    ----------------------------------------------------------------------------------------------------------------
    Rural Connecticut...............          26.405          28.914          10.079  ..............  ..............
    Rural Hawaii....................  ..............          11.391  ..............  ..............  ..............
    Rural Massachusetts.............          18.481          22.338  ..............  ..............               '
    
    [[Page 45923]]
                                                                                                                    
    Rural New Hampshire.............           9.086          12.861  ..............  ..............  ..............
    Rural New Mexico................  ..............  ..............  ..............          10.819  ..............
    Rural South Carolina............  ..............           8.253  ..............  ..............  ..............
    Albany, GA......................  ..............          10.486  ..............  ..............  ..............
    Anchorage, AK...................  ..............  ..............  ..............           9.498  ..............
    Anderson, SC....................  ..............  ..............  ..............          14.207  ..............
    Ann Arbor, MI...................  ..............  ..............           8.583  ..............  ..............
    Arecibo, PR.....................  ..............  ..............          13.672          21.305          18.431
    Athens, GA......................          11.226          16.932           9.859           9.779  ..............
    Atlanta, GA.....................  ..............           8.942  ..............  ..............  ..............
    Atlantic City, NJ...............  ..............          11.027  ..............  ..............  ..............
    Bellingham, WA..................          11.423          16.929          20.702          13.649          12.901
    Bergen-Passaic, NJ..............           9.510          11.379          13.314  ..............  ..............
    Biloxi-Gulfport, MS.............  ..............          10.148           9.629          11.397  ..............
    Boston-Lowell-Brockton-Lawrence-                                                                                
     Salem, MA......................  ..............          10.756  ..............  ..............  ..............
    Bridgeport-Stamford-Norwalk-                                                                                    
     Danbury, CT....................  ..............          11.180  ..............  ..............  ..............
    Burlington, NC..................          12.654          16.034          10.822  ..............  ..............
    Caguas, PR......................  ..............          18.450  ..............  ..............  ..............
    Charlotte-Gastonia-Rock Hill, NC-                                                                               
     SC.............................           8.386          15.466  ..............  ..............  ..............
    Clarksville-Hopkinsville, TN-KY.  ..............  ..............  ..............          10.392  ..............
    Danville, VA....................  ..............          10.958          12.671  ..............  ..............
    Decatur, AL.....................  ..............          10.600           9.169  ..............  ..............
    Eugene-Springfield, OR..........  ..............           9.207           9.486          17.366  ..............
    Fayetteville, NC................  ..............           8.397  ..............  ..............  ..............
    Florence, AL....................  ..............           8.604  ..............  ..............  ..............
    Florence, SC....................          11.764          10.618  ..............  ..............  ..............
    Gadsden, AL.....................  ..............  ..............  ..............          10.612  ..............
    Galveston-Texas City, TX........  ..............  ..............           9.164  ..............  ..............
    Hartford-Middletown-New Britain,                                                                                
     CT.............................           8.970          12.697  ..............  ..............  ..............
    Jackson, TN.....................           8.379          12.579  ..............  ..............  ..............
    Killeen-Temple, TX..............          19.900  ..............  ..............  ..............  ..............
    Lakeland-Winter Haven, FL.......  ..............           8.426           8.572  ..............  ..............
    Las Cruces, NM..................  ..............  ..............          11.938  ..............  ..............
    Lima, OH........................  ..............  ..............           9.827  ..............  ..............
    Longview-Marshall, TX...........  ..............           8.646  ..............  ..............  ..............
    Macon-Warner Robins, GA.........  ..............          15.225  ..............  ..............  ..............
    Manchester-Nashua, NH...........          11.703          13.083  ..............  ..............  ..............
    McAllen-Edinburg-Mission, TX....  ..............          12.892          12.264  ..............           8.052
    Merced, CA......................  ..............           8.186  ..............           8.434          10.359
    Middlesex-Somerset-Hunterdon, NJ  ..............           8.863  ..............  ..............  ..............
    Midland, TX.....................  ..............  ..............  ..............  ..............           9.018
    Monmouth-Ocean, NJ..............  ..............          12.517  ..............  ..............  ..............
    Muncie, IN......................  ..............  ..............          13.003  ..............  ..............
    Nassau-Suffolk, NY..............  ..............          12.249  ..............  ..............  ..............
    New Bedford-Fall River-                                                                                         
     Attleboro, MA..................          11.576          14.390           8.311  ..............  ..............
    New Haven-West Haven-Waterbury,                                                                                 
     CT.............................          11.773          16.122  ..............  ..............  ..............
    New London-Norwich, CT..........           8.025          11.529  ..............  ..............  ..............
    Newark, NJ......................  ..............          10.378  ..............  ..............  ..............
    Oakland, CA.....................  ..............           8.361  ..............  ..............  ..............
    Ocala, FL.......................  ..............           9.812  ..............  ..............  ..............
    Omaha, NE-IA....................  ..............  ..............           8.859  ..............  ..............
    Orange County, NY...............          15.111          19.315           9.916  ..............  ..............
    Panama City, FL.................  ..............  ..............  ..............  ..............           8.543
    Portsmouth-Dover-Rochester, NH..           8.033  ..............  ..............  ..............  ..............
    Poughkeepsie, NY................  ..............           9.961  ..............  ..............  ..............
    Providence-Pawtucket-Woonsocket,                                                                                
     RI.............................  ..............          13.272  ..............  ..............  ..............
    Reading, PA.....................  ..............  ..............           8.479  ..............  ..............
    Redding, CA.....................  ..............          19.139          11.715  ..............  ..............
    Richland-Kennewick, WA..........  ..............  ..............  ..............           8.544  ..............
    Salinas-Seaside-Monterey, CA....          14.360          13.360           9.278           8.053  ..............
    Santa Cruz, CA..................          13.053          13.136           8.972           9.313  ..............
    Santa Fe, NM....................          14.139          17.074          21.439          11.136  ..............
    Sarasota, FL....................  ..............           9.833  ..............  ..............  ..............
    Vallejo-Fairfield-Napa, CA......  ..............           9.859  ..............           8.054  ..............
    Wilmington, DE-NJ-MD............  ..............           9.972  ..............  ..............  ..............
    Worcester-Fitchburg-Leomister,                                                                                  
     MA.............................          10.995          18.031  ..............  ..............  ..............
    Yuma, AZ........................  ..............  ..............           9.850  ..............          12.611
    ----------------------------------------------------------------------------------------------------------------
    
    
    
    [[Page 45924]]
    
    
    Appendix A--Regulatory Impact Analysis
    
    I. Introduction
    
        We generally prepare a regulatory flexibility analysis that is 
    consistent with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
    through 612), unless the Secretary certifies that a final rule would 
    not have a significant economic impact on a substantial number of small 
    entities. For purposes of the RFA, we consider all hospitals to be 
    small entities.
        Also, section 1102(b) of the Act requires the Secretary to prepare 
    a regulatory impact analysis for any final rule that may have a 
    significant impact on the operations of a substantial number of small 
    rural hospitals. Such an analysis must conform to the provisions of 
    section 603 of the RFA. With the exception of hospitals located in 
    certain New England counties, for purposes of section 1102(b) of the 
    Act, we define a small rural hospital as a hospital with fewer than 100 
    beds that is located outside of a Metropolitan Statistical Area (MSAs) 
    or New England County Metropolitan Area (NECMA). Section 601(g) of the 
    Social Security Amendments of 1983 (Public Law 98-21) designated 
    hospitals in certain New England counties as belonging to the adjacent 
    NECMA. Thus, for purposes of the prospective payment system, we 
    classified these hospitals as urban hospitals.
        It is clear that the changes discussed in this document will affect 
    both a substantial number of small rural hospitals as well as other 
    classes of hospitals, and the effects on some may be significant. 
    Therefore, the discussion below, in combination with the rest of this 
    final rule, constitutes a combined regulatory impact analysis and 
    regulatory flexibility analysis.
    
    II. Changes in the Final Rule
    
        With respect to the prospective payment system for capital-related 
    costs, the major change in this final rule compared to the proposed 
    rule is our decision not to proceed with the adjustment for capital-
    related taxes. We discuss the reasons for that decision in section V.B 
    of the preamble to this final rule. With respect to the prospective 
    payment system for operating costs, there are no significant policy 
    changes in this final rule compared to the proposed rule.
        Otherwise, the differences in the impact analysis of this final 
    rule compared to that in the proposed rule are the result of using more 
    recent or more complete hospital data. For example, a more complete FY 
    1994 MedPAR file (June 1995 update) is now available compared to the 
    one available at the time of the proposed rule. In addition, more 
    recent hospital-specific data, including cost reports, are used in this 
    analysis. Finally, the final geographic reclassifications are included.
        Our most recent hospital market basket forecast for prospective 
    payment system hospitals, 3.5 percent, is unchanged from that reported 
    in the proposed rule. However, the latest forecast for the excluded 
    hospital market basket has decreased from 3.6 percent to 3.4 percent. 
    Therefore, the applicable update factor for prospective payment 
    hospital operating payments is unchanged from the proposed rule while 
    the update factor for excluded hospitals and units has decreased by 0.2 
    percentage points from the proposed.
    
    III. Limitations of Our Analysis
    
        As has been the case in previously published regulatory impact 
    analyses, the following quantitative analysis presents the projected 
    effects of our policy changes, as well as statutory changes effective 
    for FY 1996, on various hospital groups. We estimate the effects of 
    each policy change by estimating payments while holding all other 
    payment variables constant. We use the best data available, but we do 
    not attempt to predict behavioral responses to our policy changes, and 
    we do not make adjustments for future changes in such variables as 
    admissions, lengths of stay, or case mix.
        We received no comments on the methodology used for the impact 
    analysis in the proposed rule.
    IV. Hospitals Included In and Excluded From the Prospective Payment 
    System
    
        The prospective payment systems for hospital inpatient operating 
    and capital-related costs encompass nearly all general, short-term, 
    acute care hospitals that participate in the Medicare program. There 
    were 46 Indian Health Service Hospitals in our database, which we 
    excluded from the analysis due to the special characteristics of the 
    payment method for these hospitals. We also excluded the 49 short-term, 
    acute care hospitals in Maryland from our analysis. These hospitals 
    remain excluded from the prospective payment system under the waiver at 
    section 1814(b)(3) of the Act. (As of January 1, 1995, the hospitals 
    participating in the New York Finger Lakes demonstration project began 
    to be paid under the prospective payment system.) Thus, as of August 
    1995, just over 5,200 hospitals were receiving prospectively based 
    payments for furnishing inpatient services. This represents about 82 
    percent of all Medicare-participating hospitals. The majority of this 
    impact analysis focuses on this set of hospitals.
        The remaining 18 percent are specialty hospitals that are excluded 
    from the prospective payment system and continue to be paid on the 
    basis of their reasonable costs, subject to a rate-of-increase ceiling 
    on their inpatient operating costs per discharge. These hospitals 
    include psychiatric, rehabilitation, long-term care, children's, and 
    cancer hospitals. The impact on these hospitals of the changes 
    implemented in this final rule is discussed below.
    
    V. Impact on Excluded Hospitals and Units
    
        As of August 1995, just over 1,100 specialty hospitals are excluded 
    from the prospective payment system and are instead paid on a 
    reasonable cost basis subject to the rate-of-increase ceiling under 
    Sec. 413.40. In addition, approximately 2,250 psychiatric and 
    rehabilitation units in hospitals that are subject to the prospective 
    payment system are excluded from the prospective payment system and 
    paid in accordance with Sec. 413.40.
        In accordance with section 1886(b)(3)(B)(ii)(V) of the Act, the 
    update factor applicable to the rate-of-increase limit for excluded 
    hospitals and units for FY 1996 is the hospital market basket minus 1.0 
    percentage point, adjusted to account for the relationship between the 
    hospital's allowable operating cost per case and its target amounts. We 
    are currently projecting an increase in the excluded hospital market 
    basket of 3.4 percent.
        The impact on excluded hospitals and units of the proposed update 
    in the rate-of-increase limit depends on the cumulative cost increases 
    experienced by each excluded hospital and excluded unit since its 
    applicable base period. For excluded hospitals and units that have 
    maintained their cost increases at a level below the percentage 
    increases in the rate-of-increase limits since their base period, the 
    major effect will be on the level of incentive payments these hospitals 
    and units receive. Conversely, for excluded hospitals and units with 
    per-case cost increases above the cumulative update in their rate-of-
    increase limit, the major effect will be the amount of excess costs 
    that the hospitals would have to absorb.
        In this context, we note that, under Sec. 413.40(d)(3), an excluded 
    hospital or unit whose costs exceed the rate-of-increase limit may 
    receive the lower of its rate-of-increase ceiling plus 50 percent of 
    reasonable costs in excess of 
    
    [[Page 45925]]
    the ceiling, or 110 percent of its ceiling. In addition, under the 
    various provisions set forth in Sec. 413.40, excluded hospitals and 
    units may obtain payment adjustments for significant, yet justifiable, 
    increases in operating costs that exceed the limit. At the same time, 
    however, by generally limiting payment increases, we continue to 
    provide an incentive for excluded hospitals and units to restrain the 
    growth in their spending for patient services.
    VI. Impact of Changes In the Operating Prospective Payment System
    
    A. Basis and Methodology of Estimates
    
        In this final rule, we are implementing policy changes and payment 
    rate updates for the prospective payment systems for operating and 
    capital-related costs. We have prepared separate analyses of the 
    changes to each system, beginning with changes to the operating 
    prospective payment system.
        The data used in developing the quantitative analyses presented 
    below are taken from the FY 1994 MedPAR file (updated through June 
    1995) and the most current provider-specific file that is used for 
    payment purposes. Although the analyses of the changes to the operating 
    prospective payment system do not incorporate any actual cost data, the 
    most recently available hospital cost report data were used to create 
    some of the variables by which hospitals are categorized. Our analysis 
    has several qualifications. First, we do not make adjustments for 
    behavioral changes that hospitals may adopt in response to these policy 
    changes. Second, due to the interdependent nature of the prospective 
    payment system, it is very difficult to precisely quantify the impact 
    associated with a given change. Third, we draw upon various sources for 
    the data used to categorize hospitals in the tables. In some cases, 
    particularly the number of beds, there is a fair degree of variation in 
    the data from different sources. We have attempted to construct these 
    variables with the best available source overall. For individual 
    hospitals, however, some miscategorizations are possible.
        Using cases in the FY 1994 MedPAR file, we simulated payments under 
    the operating prospective payment system given various combinations of 
    payment parameters. Any short-term, acute care hospitals not paid under 
    the general prospective payment systems (Indian Health Service 
    Hospitals and hospitals in Maryland) are excluded from the simulations. 
    Payments under the capital prospective payment system, or payments for 
    costs other than inpatient operating costs, are not analyzed here. 
    Estimated payment impacts of the FY 1996 changes to the capital 
    prospective payment system are discussed below in section VII of 
    Appendix A.
        The changes discussed separately below are the following:
         The effects of the annual reclassification of diagnoses 
    and procedures and the recalibration of the diagnosis-related group 
    (DRG) relative weights required by section 1886(d)(4)(C) of the Act.
         The effects of changes in hospital wage index values 
    reflecting the wage index update.
         The effects of changing the transfer payment policy to a 
    graduated per diem payment methodology.
         The effects of geographic reclassifications by the 
    Medicare Geographic Classification Review Board (MGCRB) that are 
    effective in FY 1996.
         The effects of phasing out payments for extraordinarily 
    lengthy cases (day outlier cases) (with a corresponding increase in 
    payments for extraordinarily costly cases (cost outliers)), in 
    accordance with section 1886(d)(5)(A)(v) of the Act.
         The total change in payments based on FY 1996 policies 
    relative to payments based on FY 1995 policies.
        To illustrate the impacts of the FY 1996 changes, our FY 1996 
    baseline simulation model uses: the FY 1995 GROUPER (version 12.0); the 
    FY 1995 wage indexes; the current uniform per diem transfer payment 
    policy; no effects of FY 1996 reclassifications; and current outlier 
    policy (25 percent phase-out of day outlier payments). Outliers are 
    estimated to be 5.1 percent of total DRG payments.
        Each policy change is then added incrementally to this baseline 
    model, finally arriving at an FY 1996 model incorporating all of the 
    changes. This allows us to isolate the effects of each change.
        Our final comparison illustrates the percent change in payments per 
    case from FY 1995 to FY 1996. Three factors not displayed in the 
    previous five columns have significant impacts here. First is the 
    update to the standardized amounts. In accordance with section 
    1886(d)(3)(A)(iv) of the Act, we are updating the large urban and the 
    other areas average standardized amounts for FY 1996 using the most 
    recent forecasted hospital market basket increase for FY 1996 of 3.5 
    percent, minus 2.0 percentage points. Thus, the update to the large 
    urban and other areas' standardized amounts is 1.5 percent. Similarly, 
    section 1886(b)(3)(C)(ii) of the Act provides that the update factor 
    applicable to the hospital-specific rates for sole community hospitals 
    (SCHs) and essential access community hospitals (EACHs) (which are 
    treated as SCHs for payment purposes) is also the market basket 
    increase minus 2.0 percent, or 1.5 percent.
        A second significant factor impacting upon changes in payments per 
    case from FY 1995 to FY 1996 is a change in MGCRB reclassification 
    status from one year to the next. That is, hospitals reclassified in FY 
    1995 that are no longer reclassified in FY 1996 may have a negative 
    payment impact going from FY 1995 to FY 1996; conversely, hospitals not 
    reclassified in FY 1995 and reclassified in FY 1996 may have a positive 
    payment impact from FY 1995 to FY 1996. In some cases these impacts can 
    be quite substantial, so that a relatively few number of hospitals in a 
    particular category that lost their reclassification status can hold 
    the average percentage change for the category below the mean.
        Third, when comparing our estimated FY 1995 payments to FY 1996 
    payments, another significant consideration is that we currently 
    estimate that actual outlier payments during FY 1995 will be 4.0 
    percent of actual total DRG payments. When the FY 1995 final rule was 
    published September 1, 1994 (59 FR 45330), we estimated that FY 1995 
    outlier payments would be 5.1 percent of total DRG payments, and the 
    standardized amounts were reduced correspondingly. The effects of the 
    lower than expected outlier payments during FY 1995 are reflected in 
    the analyses below comparing our current estimates of FY 1995 total 
    payments to estimated FY 1996 payments.
        Table I demonstrates the results of our analysis. The table 
    categorizes hospitals by various geographic and special payment 
    consideration groups to illustrate the varying impacts on different 
    types of hospitals. The top row of the table shows the overall impact 
    on the 5,207 hospitals included in the analysis. This is 47 fewer 
    hospitals than were included in the impact analysis in the FY 1995 
    final rule (59 FR 45496). Data for 106 hospitals that were included in 
    last year's analysis were not available for analysis this year; 
    however, data were available this year for 54 hospitals for which data 
    were not available last year. In addition, 5 hospitals previously 
    excluded from our analysis because they were participating in the 
    Finger Lakes demonstration project are included in our analysis this 
    year because the demonstration authority has expired and these 
    
    [[Page 45926]]
    hospitals are now being paid under the prospective payment system.
        The next four rows of Table I contain hospitals categorized 
    according to their geographic location (all urbans as well as large 
    urban and other urban or rural). There are 2,942 hospitals located in 
    urban areas (MSAs or NECMAs) included in our analysis. Among these, 
    there are 1,647 hospitals located in large urban areas (populations 
    over 1 million), and 1,295 hospitals in other urban areas (populations 
    of 1 million or fewer). In addition, there are 2,265 hospitals in rural 
    areas. The next two groupings are by bed size categories, shown 
    separately for urban and rural hospitals. The final groupings by 
    geographic location are by census divisions, also shown separately for 
    urban and rural hospitals.
        The second part of Table I shows changes in payments based on 
    hospitals' FY 1996 payment classifications, including any 
    reclassifications under section 1886(d)(10) of the Act. For example, 
    the rows labeled urban, large urban, other urban, and rural show the 
    numbers of hospitals being paid based on these categorizations, after 
    consideration of geographic reclassifications, are 3,152; 1,835; 1,317; 
    and 2,055, respectively.
        The next three groupings examine the impacts of the changes on 
    hospitals grouped by whether or not they have residency programs 
    (teaching hospitals that receive an indirect medical education (IME) 
    adjustment), receive disproportionate share (DSH) payments, or both. 
    There are 4,135 nonteaching hospitals in our analysis, 841 with fewer 
    than 100 residents, and 231 with 100 or more residents.
        In the DSH categories, hospitals are grouped according to their DSH 
    payment status. In the past, we have included as urban hospitals those 
    that are located in a rural area but were reclassified as urban by the 
    MGCRB for purposes of the standardized amount, since they have been 
    considered urban in determining the amount of their DSH adjustment. 
    This year, however, we have isolated these hospitals in separate rows 
    to identify the payment impacts of reclassification solely for DSH. In 
    these rows, labeled ``Large Urban and DSH'' and ``DSH Only,'' under the 
    heading ``Reclassified Rural DSH,'' we group reclassified rural 
    hospitals that receive DSH after reclassification based on whether they 
    also receive the higher large urban amount, or are only benefitting 
    from reclassification to an other urban area by receiving higher DSH 
    payments. Hospitals in the rural DSH categories, therefore, including 
    those in the rural referral center (RRC) and SCH categories, represent 
    hospitals that were not reclassified for purposes of the standardized 
    amount. They may, however, have been reclassified for purposes of 
    assigning the wage index. The next category groups hospitals paid on 
    the basis of the urban standardized amount in terms of whether they 
    receive the IME adjustment, the DSH adjustment, both, or neither.
        The next four rows examine the impacts of the changes on rural 
    hospitals by special payment groups (SCHs, RRCs, and EACHs). Rural 
    hospitals reclassified for FY 1996 for purposes of the standardized 
    amount are not included here.
        The RRCs (91), SCH/EACHs (623), and SCH/EACHs and RRCs (39) shown 
    here were not reclassified for purposes of the standardized amount. 
    There are 5 SCH/EACHs included in our analysis and 4 EACH/RRCs.
        There are 7 RRCs and 12 SCHs that will be reclassified for the 
    standardized amount in FY 1996 and are therefore not included in these 
    rows. In addition, two hospitals that are SCH/RRCs will be reclassified 
    for the standardized amount (one of these hospitals will also be 
    reclassified for the wage index).
        The next two groupings are based on type of ownership and the 
    hospital's Medicare utilization expressed as a percent of total patient 
    days. These data are taken from the FY 1993 Medicare cost report files, 
    the latest available. Data needed to calculate Medicare utilization 
    percentages were unavailable for 122 hospitals. For the most part, 
    these are either new hospitals or hospitals filing manual cost reports 
    that are not yet entered into the data base.
        The next series of groupings concern the geographic reclassication 
    status of hospitals. The first three groupings display hospitals that 
    were reclassified by the MGCRB for either FY 1995 or FY 1996, or for 
    both years, by urban/rural status. The next rows illustrate the overall 
    number of reclassifications, as well as the numbers of reclassified 
    hospitals grouped by urban and rural location. The final row in Table I 
    contains hospitals located in rural counties but deemed to be urban 
    under section 1886(d)(8)(B) of the Act.
    
                                      Table I.--Impact Analysis of Changes for FY 1996 Operating Prospective Payment System                                 
                                                             [Percent changes in payments per case]                                                         
                                                                                                                                                            
                                                                                                                                          Day               
                                                             Num. of          DRG         New wage       New            MGCRB           outlier     All FY  
                                                            hosps.\1\    recalibration    data \3\    transfer     reclassification     policy       1996   
                                                                              \2\                    policy \4\          \5\            changes     changes 
                                                                  (0)            (1)            (2)         (3)              (4)             (5)         (6)
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    (BY GEOGRAPHIC LOCATION)                                                                
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    ALL HOSPITALS........................................       5,207            0.0            0.0         0.0              0.0             0.0         2.6
    URBAN HOSPITALS......................................       2,942            0.0           -0.1         0.0             -0.4             0.0         2.5
        LARGE URBAN......................................       1,647            0.1           -0.3         0.0             -0.5            -0.1         2.2
        OTHER URBAN......................................       1,295           -0.1            0.4         0.0             -0.1             0.1         3.0
    RURAL HOSPITALS......................................       2,265            0.2            0.3         0.3              2.3             0.0         3.1
    BED SIZE (URBAN):                                                                                                                                       
        0-99 BEDS........................................         755            0.1            0.0         0.3             -0.5             0.2         2.8
        100-199 BEDS.....................................         925            0.1            0.2         0.1             -0.4             0.1         3.0
        200-299 BEDS.....................................         595            0.0            0.0         0.0             -0.3             0.0         2.7
        300-499 BEDS.....................................         489            0.0           -0.1        -0.1             -0.4             0.0         2.4
        500 OR MORE BEDS.................................         178            0.0           -0.3        -0.2             -0.3            -0.3         2.0
    BED SIZE (RURAL):                                                                                                                                       
        0-49 BEDS........................................       1,179            0.3            0.1         0.6              0.0             0.0         3.1
        50-99 BEDS.......................................         665            0.2            0.2         0.4              0.9             0.1         3.4
        100-149 BEDS.....................................         227            0.1            0.4         0.3              3.1             0.1         2.6
        150-199 BEDS.....................................         109            0.2            0.2         0.1              2.8             0.0         3.3
        200 OR MORE BEDS.................................          85            0.0            0.4         0.0              5.4             0.0        3.2 
    
    [[Page 45927]]
                                                                                                                                                            
    URBAN BY CENSUS DIVISION:                                                                                                                               
        NEW ENGLAND......................................         164            0.2           -0.3         0.0             -0.2            -0.2         2.1
        MIDDLE ATLANTIC..................................         441            0.4           -0.6        -0.1             -0.4            -0.8         1.8
        SOUTH ATLANTIC...................................         435            0.0            0.1         0.0             -0.5             0.1         2.6
        EAST NORTH CENTRAL...............................         490           -0.1           -0.1         0.0             -0.1             0.2         2.6
        EAST SOUTH CENTRAL...............................         164           -0.2            0.1        -0.1             -0.4             0.2         2.7
        WEST NORTH CENTRAL...............................         196           -0.1           -0.7        -0.1             -0.5             0.3         1.9
        WEST SOUTH CENTRAL...............................         387           -0.3            0.7        -0.1             -0.5             0.3         3.7
        MOUNTAIN.........................................         132           -0.1           -0.5        -0.1             -0.4             0.3         2.2
        PACIFIC..........................................         485           -0.1            0.4         0.0             -0.5             0.2         2.8
        PUERTO RICO......................................          48            0.0            2.7        -0.2             -0.5             0.0         5.5
    RURAL BY CENSUS DIVISION:                                                                                                                               
        NEW ENGLAND......................................          53            0.3            0.5         0.1              1.3             0.1         3.8
        MIDDLE ATLANTIC..................................          84            0.5           -0.5         0.1              1.5            -0.3         3.0
        SOUTH ATLANTIC...................................         300            0.1            0.6         0.3              3.2             0.0         3.0
        EAST NORTH CENTRAL...............................         305            0.2            0.5         0.4              1.9             0.1         3.6
        EAST SOUTH CENTRAL...............................         278            0.0            0.8         0.4              3.7             0.0         3.5
        WEST NORTH CENTRAL...............................         529            0.2           -0.2         0.3              2.0             0.1         2.9
        WEST SOUTH CENTRAL...............................         354            0.1           -0.4         0.3              3.1             0.1         2.6
        MOUNTAIN.........................................         214            0.3           -0.1         0.1             -0.1             0.1         2.2
        PACIFIC..........................................         143            0.3            0.6         0.2              1.4             0.1         3.4
        PUERTO RICO......................................           5            0.4           -0.6        -0.1             -0.5             0.1         2.3
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     (BY PAYMENT CATEGORIES)                                                                
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    URBAN HOSPITALS......................................       3,152            0.0            0.0         0.0             -0.2             0.0         2.5
        LARGE URBAN......................................       1,835            0.1           -0.3         0.0             -0.3            -0.1         2.3
        OTHER URBAN......................................       1,317           -0.1            0.4         0.0             -0.2             0.1         3.0
    RURAL HOSPITALS......................................       2,055            0.2            0.2         0.3              1.6             0.0         2.8
    TEACHING STATUS:                                                                                                                                        
        NON-TEACHING.....................................       4,135            0.1            0.1         0.1              0.3             0.1         3.0
        LESS THAN 100 RES................................         841            0.0            0.0        -0.1             -0.3             0.0         2.5
        100+ RESIDENTS...................................         231            0.0           -0.4        -0.1             -0.3            -0.4         1.8
    DISPROPORTIONATE SHARE HOSPITALS (DSH):                                                                                                                 
        NON-DSH..........................................       3,234            0.1            0.0         0.1              0.1             0.1         2.8
        URBAN DSH:                                                                                                                                          
            100 BEDS OR MORE.............................       1,370            0.0            0.0        -0.1             -0.4            -0.1         2.3
            FEWER THAN 100 BEDS..........................         120            0.0            0.2         0.3             -0.6             0.2         3.3
        RECLASSIFIED RURAL DSH:                                                                                                                             
            LARGE URBAN AND DSH..........................          22            0.0            0.2         0.1             11.1             0.1         5.9
            DSH ONLY.....................................          69            0.1            0.5         0.2              8.6             0.0         5.0
        RURAL DSH:                                                                                                                                          
            SOLE COMMUNITY (SCH).........................         136            0.2            0.0         0.1              0.1             0.0         2.1
            REFERRAL CENTERS (RRC).......................          29            0.1            0.4         0.1              3.0            -0.2         2.9
        OTHER RURAL DSH HOSP.:                                                                                                                              
            100 BEDS OR MORE.............................          82            0.1            0.5         0.4              2.2             0.1         1.5
            FEWER THAN 100 BEDS..........................         145            0.0            0.7         0.7              0.1             0.1         3.6
    URBAN TEACHING AND DSH:                                                                                                                                 
        BOTH TEACHING AND DSH............................         667            0.0           -0.1        -0.1             -0.5            -0.3         2.1
        TEACHING AND NO DSH..............................         356            0.0           -0.1        -0.1             -0.2             0.0         2.5
        NO TEACHING AND DSH..............................         914            0.0            0.2         0.0              0.2             0.1         3.0
        NO TEACHING AND NO DSH...........................       1,215            0.1           -0.1         0.1             -0.3             0.2         3.0
    RURAL HOSPITAL TYPES:                                                                                                                                   
        NONSPECIAL STATUS:                                                                                                                                  
            HOSPITALS....................................       1,302            0.2            0.4         0.6              1.4             0.1         2.9
            RRC..........................................          91            0.1            0.3         0.1              4.9             0.1         3.5
            SCH/EACH.....................................         623            0.3            0.0         0.1              0.0             0.0         2.2
            SCH/EACH AND RRC.............................          39            0.2            0.0         0.0              0.3            -0.1         2.2
    TYPE OF OWNERSHIP:                                                                                                                                      
        VOLUNTARY........................................       3,149            0.1           -0.1         0.0             -0.1            -0.1         2.5
        PROPRIETARY......................................         718           -0.1            0.0         0.0              0.3             0.2         2.9
        GOVERNMENT.......................................       1,340            0.0            0.2         0.1              0.3             0.0         2.9
    MEDICARE UTILIZATION AS A PERCENT OF INPATIENT DAYS:                                                                                                    
        0-25.............................................         267            0.0           -0.3         0.0             -0.1            -0.2         2.1
        25-50............................................       1,356            0.0            0.0        -0.1             -0.3            -0.1        2.3 
    
    [[Page 45928]]
                                                                                                                                                            
        50-65............................................       2,217            0.1            0.1         0.0              0.1             0.0         2.8
        OVER 65..........................................       1,245            0.2           -0.1         0.1              0.1             0.0         2.7
        UNKNOWN..........................................         122            0.4           -0.5         0.0             -0.1            -1.2         1.7
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 HOSPITALS RECLASSIFIED BY THE MEDICARE GEOGRAPHIC REVIEW BOARD                                             
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    RECLASSIFICATION STATUS DURING FY95 AND FY96:                                                                                                           
        RECLASSIFIED DURING BOTH FY95 AND FY96...........         453            0.1            0.3         0.1              4.8             0.0         2.9
            URBAN........................................         163            0.1            0.2         0.0              2.7             0.0         3.0
            RURAL........................................         290            0.1            0.3         0.2              8.0             0.1         2.9
        RECLASSIFIED DURING FY96 ONLY....................         147            0.2            0.1         0.1              4.0             0.0         8.4
            URBAN........................................          31            0.3           -0.1         0.1              2.1            -0.2         7.7
            RURAL........................................         116            0.1            0.3         0.2              5.6             0.1         9.0
        RECLASSIFIED DURING FY95 ONLY....................         284            0.0            0.1         0.0             -1.4             0.1        -0.7
            URBAN........................................         112            0.0            0.1        -0.1             -1.8             0.1        -0.4
            RURAL........................................         172            0.2            0.1         0.3             -0.4             0.1        -1.5
    FY 96 RECLASSIFICATIONS:                                                                                                                                
        ALL RECLASSIFIED HOSP............................         602            0.1            0.2         0.1              4.7             0.0         4.0
            STAND. AMOUNT ONLY...........................         210            0.1            0.6         0.1              2.0             0.0         3.9
            WAGE INDEX ONLY..............................         258            0.1            0.2         0.1              7.1             0.0         4.3
            BOTH.........................................         134            0.1           -0.1         0.0              4.3             0.0         3.8
            NONRECLASSIFIED..............................       4,578            0.0            0.0         0.0             -0.6             0.0         2.4
        ALL URBAN RECLASS................................         195            0.1            0.2         0.0              2.6             0.0         3.7
            STAND. AMOUNT ONLY...........................          68            0.0            0.7         0.0              0.8             0.0         3.7
            WAGE INDEX ONLY..............................          35            0.1            0.1        -0.1              5.9            -0.2         4.8
            BOTH.........................................          92            0.1           -0.2         0.0              2.0             0.0         3.0
            NONRECLASSIFIED..............................       2,747            0.0           -0.1         0.0             -0.6             0.0         2.4
        ALL RURAL RECLASS................................         407            0.1            0.3         0.2              7.4             0.1         4.4
            STAND. AMOUNT ONLY...........................         142            0.1            0.4         0.3              3.8             0.0         4.1
            WAGE INDEX ONLY..............................         223            0.1            0.2         0.2              7.9             0.1         4.0
            BOTH.........................................          42            0.0            0.5         0.1             13.1             0.1         6.3
            NONRECLASSIFIED..............................       1,831            0.2            0.2         0.3             -0.4             0.0         2.4
    OTHER RECLASSIFED HOSPITALS (SECTION 1886(d)(8)(B))..          27            0.1            0.0         0.4             -0.1             0.1        3.3 
    \1\ Because data necessary to classify some hospitals by category were missing, the total number of hospitals in each category may not equal the        
      national total. Discharge data are from FY 1994, and hospital cost report data are from reporting periods beginning in FY 1992 and FY 1993.           
    \2\ This column displays the payment impacts of the recalibration of the DRG weights, based on FY 1994 MedPAR data and the DRG classification changes,  
      in accordance with section 1886(d)(4)(C) of the Act.                                                                                                  
    \3\ This column shows the payment effects of updating the data used to calculate the wage index with data from the FY 1992 cost reports.                
    \4\ This column displays the payment impacts of revising the per diem methodology for transfer cases from the current flat per diem methodology to a    
      graduated per diem methodology.                                                                                                                       
    \5\ Shown here are the combined effects of geographic reclassification by the Medicare Geographic Classification Review Board (MGCRB). The effects shown
      here demonstrate the FY 1996 payment impacts of going from no reclassifications to the reclassifications scheduled to be in effect for FY 1996.       
      Reclassification for prior years has no bearing on the payment impacts shown here.                                                                    
    \6\ This column illustrates the payment impacts of our changes affecting payments for outliers, in accordance with section 1886(d)(5) of the Act.       
    \7\ This column shows changes in payments from FY 1995 to FY 1996. It incorporates all of the changes displayed in columns 1 through 5. It also displays
      the impacts of the updates to the FY 1996 standardized amounts, changes in hospitals' reclassification status in FY 1996 compared to FY 1995, and the 
      difference in outlier payments from FY 1995 to FY 1996. The sum of the first five columns plus these effects may be slightly different from the       
      percentage changes shown here, due to rounding errors and interactive effects.                                                                        
    
    
    B. The Impact of the Changes to the DRG Weights (Column 1)
    
        In column 1 of Table I, we present the combined effects of the 
    revised DRG classification system, and the subsequent recalibration of 
    the DRG weights incorporating these revised DRGs, as discussed in 
    section II of the preamble to this final rule. Section 1886(d)(4)(C)(i) 
    of the Act requires us each year to make appropriate classification 
    changes and to recalibrate the DRG weights in order to reflect changes 
    in treatment patterns, technology, and any other factors that may 
    change the relative use of hospital resources. The impact of 
    reclassification and recalibration on aggregate payments is required by 
    section 1886(d)(4)(C)(iii) of the Act to be budget neutral.
        The first row of Table I shows that the overall effect of these 
    changes is budget neutral. That is, the percentage change when adding 
    the FY 1996 GROUPER (version 13.0) to the FY 1996 baseline is 0.0. As 
    described previously, all of the other payment parameters are held 
    constant for the comparison in column 1, only the version of the 
    GROUPER is different.
        Consistent with the minor changes we are making to the FY 1996 
    GROUPER, the redistributional impacts across hospital groups are very 
    small (an increase of 0.1 for large urban and 0.2 for rural hospitals 
    and a decrease of 0.1 for other urban hospitals). Among other hospital 
    categories, the net effects are 
    
    [[Page 45929]]
    positive changes for small and medium-size (up to 200 beds) rural 
    hospitals and slightly positive changes for small (up to 200 beds) 
    urban hospitals.
        The largest single effect on any of the hospital categories 
    examined is a 0.5 percent increase for rural hospitals in the Middle 
    Atlantic census division. We note that urban hospitals in this census 
    division also show a positive increase, 0.4 percent. We attribute this 
    to the changes in our methodology for identifying the statistical 
    outliers that are eliminated from the data used to recalibrate the DRG 
    weights (described in section II.C of the preamble to this final rule). 
    In previous recalibrations, we eliminated all cases outside 3.0 
    standard deviations from the geometric mean of standardized charges per 
    case for each DRG. In the DRG recalibration set forth in this final 
    rule, we eliminated only cases that met both this current criterion and 
    an additional criterion that the cases fall outside 3.0 standard 
    deviations from the geometric mean of standardized charges per day for 
    each DRG. Because hospitals in the Middle Atlantic census division have 
    longer lengths of stay (as demonstrated by the impacts of phasing out 
    the day outliers--see the discussion below concerning column 5), they 
    would be likely to have cases that exceed the 3.0 standard deviation 
    threshold for average charges per case but not the per day threshold. 
    Thus, costly cases previously eliminated would be left in the 
    recalibration, thereby influencing the weights of the DRGs to which 
    they are assigned.
        We also note that rural hospitals in Puerto Rico experience a 0.4 
    increase in payments. This is a function of the fact that only five 
    hospitals are included in this category, making it susceptible to the 
    influence of two hospitals whose case-mix index values increased by 0.8 
    percent.
        Rural hospitals overall exhibit a positive effect in column 1. 
    Because rural hospitals send out relatively more transfers, this effect 
    is probably a reflection of the modification in the way we count 
    transfer cases in the recalibration methodology (see section II.C of 
    the preamble to this final rule). A study by the RAND Corporation for 
    HCFA, ``An Evaluation of Medicare Payments for Transfer Cases'' 
    (Contract Number 500-92-0023), identified 10 DRGs that account for more 
    than half of all transfer cases. These DRGs experience, on average, 
    almost an 8 percent increase in their relative weights under the 
    recalibration, which contributes to the increases experienced by rural 
    hospitals and select urban hospitals. In comparison, the average 
    absolute change in the weights of all DRGs from FY 1994 to FY 1995 is 
    approximately 1 percent.
    C. The Impact of Updating the Wage Data (Column 2)
    
        Section 1886(d)(3)(E) of the Act requires that, beginning October 
    1, 1993, we annually update the wage data used to calculate the wage 
    index. In accordance with this requirement, the wage index for FY 1996 
    is based on data submitted for hospital cost reporting periods 
    beginning on or after October 1, 1991 and before October 1, 1992. As 
    with the previous column, the impact of the new data on hospital 
    payments is isolated by holding the other payment parameters constant 
    in the two simulations. That is, column 2 shows the percentage changes 
    in payments when going from our FY 1996 baseline--using the FY 1995 
    wage index (based on 1991 wage data) before geographic 
    reclassifications and incorporating the FY 1996 GROUPER--to a model 
    substituting the FY 1996 prereclassification wage index (based on FY 
    1992 data).
        Section 1886(d)(3)(E) of the Act also requires that any updates or 
    adjustments to the wage index be made in a manner that ensures that 
    aggregate payments to hospitals are not affected by the change in the 
    wage index. To comply with the requirements that the DRG and wage index 
    changes must be implemented in a budget neutral manner, we compute a 
    budget neutrality adjustment factor to apply to the standardized 
    amounts. For the FY 1996 standardized amounts, this adjustment factor 
    is 0.999306. This factor is applied to the standardized amounts 
    reflected in this column to ensure that the overall effect of the wage 
    index changes are budget neutral.
        The results indicate that the new wage data do not have a 
    significant overall impact on urban and rural hospitals. Virtually all 
    prospective payment system hospitals (94 percent) would experience a 
    change in their wage index of less than 5 percent. This column 
    demonstrates that hospitals with significant changes in their wage 
    indexes are not concentrated within any particular hospital group. For 
    FY 1996, some of the largest changes are evident among both urban and 
    rural hospitals grouped by census division. More census divisions 
    experience payment increases, of greater magnitude, for rural hospitals 
    than for urban hospitals. With the exception of urban Puerto Rico, all 
    payments change by less than 1.0 percent. Although a degree of 
    variation across census categories is evident in this column, our 
    review of the wage data (as described below) indicates that most of the 
    significant changes were attributable to improved reporting.
        Besides urban Puerto Rico, the greatest increases are for rural 
    hospitals in the East South Central division, 0.8 percent, and urban 
    hospitals in West South Central, 0.7 percent. The greatest decreases 
    are 0.7 and 0.6 percent for urban hospitals in the West North Central 
    and Middle Atlantic regions, respectively, as well as 0.6 percent for 
    rural Puerto Rico. This effect contributes to the 0.4 percent decline 
    among major teaching hospitals--New York City's wage index falls by 
    nearly 2.0 percent. The Middle Atlantic region also experiences a 
    payment decrease of 0.5 percent for its rural hospitals. The Pacific 
    region experiences an increase in payments to both urban and rural 
    hospitals, with increases of 0.4 and 0.6 percent, respectively. The 
    most dramatic shift occurs in urban Puerto Rico, where payments 
    increase 2.7 percent. Of the six urban areas in Puerto Rico, five 
    experience large increases in wage while only one experiences a slight 
    decline. We note that while rural Puerto Rico had a decrease of 6.9 
    percent in the impact for the proposed rule, better reporting of data 
    has greatly improved the rural Puerto Rico wage index values so the 
    decrease is only 0.6 percent in the impact analysis for this final 
    rule.
        The FY 1996 wage index represents the third annual update to the 
    wage data, and continues to include salaries, fringe benefits, home 
    office salaries, and certain contract labor salaries. In the past, 
    updates to the wage data have resulted in significant payment shifts 
    among hospitals. Since the wage index is now updated annually and there 
    are no changes to the types of costs included in the wage index data, 
    we expect these payment fluctuations will be minimized.
        Based on the FY 1996 wage index calculation (after 
    reclassifications under sections 1886(d)(8)(B) and 1886(d)(10) of the 
    Act) compared to the FY 1995 wage index, there are more labor markets 
    that experience an increase of 5 percent or more in their wage index 
    values, and fewer labor markets that experience a significant decrease 
    of 5 percent or more. We reviewed the data for any area that 
    experiences a wage index change of 10 percent or more to determine the 
    reason for the fluctuation. When necessary, we contacted the 
    intermediaries to determine the validity of the data or to obtain an 
    explanation for the change. The following chart compares the shifts in 
    wage index values (after reclassifications) for labor markets for FY 
    1996 with those 
    
    [[Page 45930]]
    experienced as a result of last year's wage index update.
    
    ------------------------------------------------------------------------
                                                                 Number of  
                                                               labor market 
                                                                   areas    
           Percentage change in area wage index values       ---------------
                                                                FY      FY  
                                                               1996    1995 
    ------------------------------------------------------------------------
    Increase more than 10 percent...........................      10       5
    Increase between 5 and 10 percent.......................      21      17
    Decrease between 5 and 10 percent.......................       6      13
    Decrease more than 10 percent...........................       0      10
    ------------------------------------------------------------------------
    
        Under the FY 1996 wage index, 92.7 percent of rural prospective 
    payment hospitals and 95.0 percent of urban hospitals experience a 
    change in their wage index value of less than 5.0 percent. 
    Approximately 3.4 percent (2.1 percent of rural hospitals and 4.4 
    percent of urban hospitals) experience a change of between 5 and 10 
    percent, and 2.6 percent (5.3 percent of rural hospitals and 0.6 
    percent of urban hospitals) experience a change of more than 10 
    percent. The following chart shows the projected impact for urban and 
    rural hospitals.
    
    ------------------------------------------------------------------------
                                                               Percent of   
                                                              hospitals (by 
          Percentage change in area wage index values         urban/rural)  
                                                           -----------------
                                                             Rural    Urban 
    ------------------------------------------------------------------------
    Decrease more than 10 percent.........................      1.5      0.1
    Decrease between 5 and 10 percent.....................      1.1      1.6
    Change between -5 and +5 percent......................     92.7     95.0
    Increase between 5 and 10 percent.....................      1.0      2.8
    Increase more than 10 percent.........................      3.8      0.5
    ------------------------------------------------------------------------
    
    D. Transfer Changes (Column 3)
    
        Column 3 of Table I shows the impacts of the change we are 
    implementing in transfer payment policy. This change revises our 
    methodology for payment for transfer cases under the prospective 
    payment system to more appropriately compensate transferring hospitals 
    for the higher costs they incur, on average, on the first day of a 
    hospital stay prior to transfer. Our previous transfer policy paid a 
    flat per diem amount for each day prior to transfer up to the full DRG 
    amount. The per diem was calculated by dividing the full DRG amount by 
    the geometric mean length of stay for that DRG. We are replacing this 
    flat per diem methodology with a graduated methodology that pays twice 
    the per diem amount for the first day, and the per diem amount for each 
    day beyond the first up to the full DRG amount.
        The payment impacts shown in column 3 illustrate the effects of 
    this change, relative to the baseline simulation based on previous 
    policy (a flat per diem transfer payment methodology). In order to 
    simulate the effects of the changes, it was first necessary to identify 
    current transfer cases. Current transfers are identifiable by the 
    discharge destination code on the patient bill (see the RAND study for 
    a thorough discussion of identifying transfer cases on the MedPAR 
    file).
        Next, to determine whether payment would be made under the per diem 
    methodology, we compared the actual length of stay prior to transfer to 
    the geometric mean length of stay for the DRG to which the case is 
    assigned. A full discharge or a transfer case that received the full 
    discharge payment would be counted as 1.0, while, under our current 
    transfer policy, a transfer case that stayed 2 days in a DRG with a 
    geometric mean length of stay of 5 days would count as 0.4 of a 
    discharge, and would be paid 40 percent of the full DRG amount. In this 
    manner, transfer cases are counted only to the extent that the 
    transferring hospital received payment for them. To simulate our change 
    to the per diem payment methodology, we added 1 day to the actual 
    length of stay for transfer cases, thereby replicating paying double 
    the per diem for the first stay and the flat per diem, up to the full 
    DRG amount, for subsequent days.
        Finally, we calculated transfer-adjusted case-mix indexes for each 
    hospital. The adjusted case-mix indexes are calculated by summing the 
    transfer-adjusted DRG weights and dividing by the transfer-adjusted 
    number of cases. The transfer-adjusted DRG weights are calculated by 
    multiplying the DRG weight by the lesser of 1 or the fraction of the 
    length of stay for the case divided by the geometric mean length of 
    stay for the DRG. By adjusting the DRG weights, nontransfer cases and 
    transfer cases that have a length of stay at least as long as the 
    geometric mean length of stay will be represented by the full DRG 
    weight, while transfer cases with lengths of stay below the geometric 
    mean length of stay for the DRG will be represented by a lower number, 
    reflective of their payment.
        The FY 1996 baseline model reflected in columns 1 and 2 
    incorporates transfer-adjusted discharges and case-mix indexes based on 
    current policies. That is, cases transferred prior to reaching the 
    geometric mean length of stay received payments based on the flat per 
    diem. In column 3, our model substitutes transfer-adjusted discharges 
    and case-mix indexes that reflect our policy change.
        The first row in column 3 shows that the net effect of our change 
    is budget neutral compared to total payments under current transfer 
    policy. As specified in section 109 of the Social Security Act 
    Amendments of 1994 (Pub. L. 103-432), the Secretary is authorized to 
    make adjustments to the standardized amounts so that adjustments to the 
    payment policy for transfer cases do not affect aggregate payments. As 
    described in section II.A.4.a of the Addendum to this final rule, we 
    applied a budget neutrality factor of 0.997575 to the standardized 
    amounts to account for the higher payments going to transfer cases 
    based on our new payment policy.
        The distributional effects of these changes are to increase 
    payments to rural hospitals by 0.3 percent and decrease urban 
    hospitals' payments by less than 0.1 percent (the overall change is 0.0 
    percent). Rural hospitals clearly benefit from the change in transfer 
    payment methodology. RAND found that rural hospitals as a whole 
    transfer 4.5 percent of their patients, compared to 1.7 percent in 
    large urban hospitals and 1.6 percent in other urban hospitals. 
    Therefore, one would expect rural hospitals to benefit from the change 
    in the transfer payment methodology.
        The impact on small hospitals is also positive, consistent with 
    RAND's finding that hospitals with fewer than 50 beds transfer 6.1 
    percent of their cases, and hospitals with 50 to 99 beds transfer 4.9 
    percent of cases. Rural hospitals with fewer than 50 beds receive a 0.6 
    percent increase in per case payments, and rural hospitals with 50 to 
    99 beds receive a 0.4 percent increase. Urban hospitals with fewer than 
    100 beds experience a 0.3 percent rise in payments. Among rural 
    hospital groups, nonspecial status hospitals benefit by 0.6 percent and 
    hospitals receiving DSH payments that are not SCHs or RRCs receive 
    increases of 0.4 percent for hospitals with 100 or more beds and 0.7 
    percent for hospitals with fewer than 100 beds.
    
    E. Impacts of MGCRB Reclassifications (Column 4)
    
        By March 30 of each year, the MGCRB makes reclassification 
    decisions that will be effective for the next fiscal year, which begins 
    on October 1. The MGCRB may reclassify a hospital for the purposes of 
    using the other area's standardized amount, wage index value, or both.
        To this point, all of the simulation models have assumed hospitals 
    are paid 
    
    [[Page 45931]]
    on the basis of their geographic location (with the exception of 
    ongoing policies that provide that certain hospitals receive payments 
    on bases other than where they are geographically located, such as RRCs 
    and hospitals in rural counties that are deemed urban under section 
    1886(d)(8)(B) of the Act). The changes in column 4 reflect the per case 
    payment impact of moving from this baseline to a simulation 
    incorporating the MGCRB decisions for FY 1996. As noted above, these 
    decisions affect hospitals' standardized amount and wage index area 
    assignments. In addition, hospitals reclassified for the standardized 
    amount also qualify to be treated as urban for purposes of the DSH 
    adjustment.
        The FY 1996 standardized payment amounts and wage index values 
    incorporate all of the MGCRB reclassification decisions that will be 
    effective for FY 1996. The wage index values also reflect any decisions 
    made by the HCFA Administrator through the appeals and review process 
    for MGCRB decisions and any reclassification withdrawal requests that 
    were received by the MGCRB. These Administrator decisions and 
    withdrawals may affect the number of reclassified hospitals relative to 
    those shown in the June 2, 1995 proposed rule. They may also determine 
    whether a redesignated hospital receives the wage index of the area to 
    which it is redesignated or a combined wage index that includes the 
    data for both the hospitals already in the area and the redesignated 
    hospitals.
        The overall effect of geographic reclassification is required to be 
    budget neutral by section 1886(d)(8)(D) of the Act. Therefore, we 
    applied an adjustment of 0.994011 to ensure that the effects of 
    reclassification are budget neutral. (See section II.A.4.b. of the 
    Addendum to this final rule).
        Rural hospitals benefit from geographic reclassification. Their 
    payments rise 2.3 percent, while payments to urban hospitals decline 
    0.4 percent. Large urban hospitals lose 0.5 percent because, as a 
    group, they have the smallest percentage of hospitals that are 
    reclassified, approximately 4 percent. Enough hospitals in other urban 
    areas are reclassified to limit the decline in payments stemming from 
    the budget neutrality offset to 0.1 percent. Among urban hospitals 
    grouped by bedsize, payments fall between 0.3 and 0.5 percent.
        Rural hospitals that reclassify for purposes of the standardized 
    amount and receive DSH payments experience a significant increase in 
    payments as a result of receiving higher DSH payments as urban 
    hospitals. Rural hospitals reclassifying to large urban areas and also 
    receiving DSH receive an 11.1 percent increase in payments. The 
    difference between the large urban standardized amount and the other 
    urban amount is 1.6 percent, and the remainder is due to DSH payments 
    and to any wage index increase that hospitals reclassified for both the 
    wage index and the standardized amount receive.
        Rural hospitals reclassifying to other urban areas for purposes of 
    the standardized amount receive an 8.6 percent increase in payments. 
    Since there are no longer separate rural and other urban standardized 
    amounts, this large increase is attributable to the higher DSH payments 
    these 69 hospitals receive as a result of being classified as urban (as 
    well as any increase in their wage index for those hospitals 
    reclassified for both the wage index and standardized amount). Under 
    our revised rules for MGCRB reclassification, these hospitals will no 
    longer be eligible to reclassify solely to receive higher DSH payments 
    effective with reclassifications for FY 1997.
        Among rural hospitals designated as RRCs, 57 hospitals are 
    reclassified for the wage index only and experience a 4.9 percent 
    increase in payments overall. This positive impact on RRCs also appears 
    in the category of rural hospitals with 200 or more beds, which have a 
    5.4 percent increase in payments.
        Rural hospitals reclassified for FY 1995 and FY 1996 experience an 
    8.0 percent increase in payments, the greatest of any group in the 
    category. This may be due to the fact that these hospitals have the 
    most to gain from reclassification and have been reclassified for a 
    period of years. Rural hospitals reclassified for FY 1996 alone 
    experience a 5.6 percent increase in payments. Urban hospitals 
    reclassified for FY 1995 but not FY 1996 experience a 1.8 percent 
    decline in payments overall. This appears to be due to the combined 
    impacts of the budget neutrality adjustment and a number of hospitals 
    in this category that experience a 6 percent drop in their wage index 
    after reclassification. Urban hospitals reclassified for FY 1996 but 
    not for FY 1995 experience a 2.1 percent increase in payments.
        The FY 1996 reclassification section of Table I shows the changes 
    in payments per case for all FY 1996 reclassified and nonreclassified 
    hospitals in urban and rural locations for each of the three 
    reclassification categories (standardized amount only, wage index only, 
    or both). It illustrates that the large impact for reclassified rural 
    hospitals is due to reclassifications for both the standardized amount 
    and the wage index. These hospitals receive a 13.1 percent increase. In 
    addition, rural hospitals reclassified for the wage index only receive 
    a 7.9 percent payment increase. The overall impact on reclassified 
    hospitals is to increase their payments per case by an average of 4.7 
    percent for FY 1996.
        The reclassification of hospitals primarily affects payment to 
    nonreclassified hospitals through changes in the wage index and the 
    geographic reclassification budget neutrality adjustment required by 
    section 1886(d)(8)(D) of the Act. Among hospitals that are not 
    reclassified, the overall impact of hospital reclassifications is an 
    average decrease in payments per case of about 0.6 percent, 
    approximately the geographic reclassification budget neutrality factor. 
    Rural nonreclassified hospitals decrease slightly less, experiencing a 
    0.4 percent decrease. This occurs because the wage index values in some 
    rural areas increase after reclassified hospitals are excluded from the 
    calculation of those values.
        The number of reclassifications for the standardized amount, or for 
    both the standardized amount and the wage index, has declined from 496 
    in FY 1995 to 344 in FY 1996. This is not surprising because the rural 
    standardized amount is now equal to the standardized amount for other 
    urban areas. Some rural hospitals are reclassifying for purposes of the 
    large urban amount, thereby receiving a payment rate even higher than 
    they would receive from the other national amount. Rural hospitals also 
    may be reclassifying for the standardized amount even though they are 
    only eligible to reclassify to an other urban area in order to either 
    meet the lower eligibility requirements for DSH payments, or to receive 
    higher DSH payments. The payment impact upon hospitals reclassified for 
    the standardized amount only, however, is significantly lower than it 
    is for hospitals reclassifying for either the wage index alone, or for 
    both the wage index and the standardized amount.
    
    F. Outlier Changes (Column 5)
    
        Medicare provides extra payment in addition to the regular DRG 
    payment amount for extremely costly or extraordinarily lengthy cases 
    (cost outliers and day outliers, respectively). Section 
    1886(d)(5)(A)(v) of the Act requires the Secretary to phase out payment 
    for day outliers in 25 percent increments beginning in FY 1995 from FY 
    1994 day outlier levels. Day outliers in FY 1996 will account for 
    
    [[Page 45932]]
    approximately 16 percent of total outlier payments (50 percent of 1994 
    levels). This reduction in day outlier payments will be offset by an 
    increase in payments for cost outliers. For FY 1996, we are setting the 
    day outlier threshold equal to the geometric mean length of stay for 
    each DRG, plus the lesser of 23 days or 3.0 standard deviations. The 
    marginal cost factor for day outliers will be 44 percent.
        The statute also authorizes the Secretary to set a fixed loss per 
    case threshold for cost outliers. For FY 1996, a case will receive cost 
    outlier payments if its costs exceed the DRG amount plus $15,150. We 
    are also maintaining the marginal cost factor for cost outliers at 80 
    percent.
        The payment impacts of these changes are minimal. The largest 
    impacts appear to be related to geographic location in terms of census 
    divisions. Urban hospitals in the Middle Atlantic census division have 
    payment reductions of 0.8 percent per case. Rural Middle Atlantic 
    hospitals have a 0.3 percent decline. In New England, urban hospitals 
    experience decreases of 0.2 percent. Since the changes to outlier 
    policy result in a shift in payments from cases paid as day outliers to 
    cases paid as cost outliers, this indicates that these areas have 
    higher percentages of day outliers. This is consistent with our 
    previous analysis indicating above average impacts related to day 
    outlier policy changes in the northeastern portion of the country. (See 
    the June 4, 1992 proposed rule (57 FR 23824).)
        The largest negative impact occurs among hospitals for which we 
    could not determine Medicare utilization rates. This group experiences 
    a 1.2 percent fall in payments per case. The bulk of the decline is 
    attributable to a group of New York hospitals included in this category 
    that experience significant drops in outlier payments.
    G. All Changes (Column 6)
    
        Column 6 compares our estimate of payments per case for FY 1996 to 
    our estimate of payments per case in FY 1995. It includes the 1.5 
    percent update to the standardized amounts and the hospital-specific 
    rates for SCHs and EACHs, and the 1.1 percent lower than estimated 
    outlier payments during FY 1995, as described in the introduction and 
    the Addendum.
        A single geographic reclassification budget neutrality factor of 
    0.994011 was applied to the FY 1996 standardized amounts, compared to 
    the FY 1995 factor of 0.994055. The budget neutrality adjustment factor 
    for the updated wage index and the DRG recalibration is 0.999306, 
    compared to the FY 1995 factor of 0.998050. Although the net effect of 
    these changes is small, they are reflected in the payment differences 
    shown in this column.
        There may also be interactive effects among the various factors 
    comprising the payment system that we are not able to isolate. For 
    these reasons, the values in column 6 may not equal the sum of the 
    previous columns plus the other impacts that we are able to identify.
        We also note that column 6 includes the impacts of FY 1995 
    geographic reclassifications compared to the payment impacts of FY 1996 
    reclassifications. Therefore, the percent changes due to FY 1996 
    reclassifications shown in column 4 may be offset by the effects of 
    reclassification on hospitals' FY 1995 payments. For example, the 
    impact of MGCRB reclassifications on rural hospitals' FY 1995 payments 
    was a 2.2 percent increase, compared to a 2.3 percent increase for FY 
    1996. Therefore, the net increase for rural hospitals in FY 1996 
    payments due to reclassification is 0.1 percent.
        The overall payment increase from FY 1995 to FY 1996 for all 
    hospitals is a 2.6 percent increase. This reflects the 0.0 percent net 
    change in total payments due to the changes for FY 1996 shown in 
    columns 1 through 5, the 1.5 percent update for FY 1996, and the 1.1 
    percent higher outlier payments in FY 1996 compared to FY 1995, as 
    discussed above.
        Hospitals in rural areas experience the largest payment increase, a 
    3.1 percent rise in payments per case over FY 1995. The increase in 
    estimated outlier payments over FY 1995 for rural hospitals is 0.7 
    percent, below the 1.1 percent difference for all hospitals. As noted 
    above, the net increase for rural hospitals in FY 1996 due to 
    geographic reclassification is 0.1 percent. They also benefit from DRG 
    recalibration, the new wage index, and the change in the transfer 
    payment policy.
        Urban hospitals' overall payments increase 2.5 percent. Hospitals 
    in large and other urban areas experience 2.2 percent and 3.0 percent 
    increases, respectively. Both large and other urban hospitals 
    experience 1.1 percent increases in payments for FY 1996 due to the 
    larger outlier payout, plus the 1.5 percent update. In addition, large 
    urban hospitals' 0.5 percent decline due to reclassification is 
    identical to the FY 1995 impact of reclassification, thus the net 
    impact is 0.0. The FY 1995 reclassification impact on other urban 
    hospitals was also 0.0 percent, compared to the 0.1 percent decline in 
    column 4 of Table I, for a net decrease of 0.1 percent from FY 1995 to 
    FY 1996.
        Among urban bed size groups, column 6 shows changes in payments are 
    higher for the smallest urban hospitals compared to larger urban 
    hospitals. The relatively smaller increases for the larger urban 
    hospitals appears to be due to the negative impacts of the new wage 
    data, as shown in column 2, and to the new transfer policy (column 4). 
    Among rural bed size groups the impacts are less varied, ranging from 
    2.6 percent to 3.4 percent.
        Two census divisions are well below the average payment increase: 
    urban Middle Atlantic and urban West North Central (both increase less 
    than 2.0 percent). The reason for the relatively small increase for 
    urban hospitals in the Middle Atlantic is that they have sizeable 
    negative impacts due to the new wage data and the phase-out of day 
    outliers. Urban hospitals in the West North Central division also 
    experience a negative impact from the new wage data.
        Conversely, rural New England hospitals experience a 3.8 percent 
    increase, and urban West South Central hospitals see a 3.7 percent 
    payment increase. By far the largest increase among all of the census 
    divisions is in urban Puerto Rico, with a 5.5 percent increase. This 
    large increase is primarily attributable to the effects of the new wage 
    data, as discussed above.
        The only hospital groups with negative payment impacts from FY 1995 
    to FY 1996 are hospitals that were reclassified for FY 1995 and are not 
    reclassified for FY 1996. Overall, these hospitals lose 0.7 percent, 
    with 112 urban hospitals in this category losing 0.4 percent and 172 
    rural hospitals losing 1.5 percent. On the other hand, hospitals 
    reclassified for FY 1996 that were not reclassified for FY 1995 would 
    experience the greatest payment increase: 7.7 percent for 31 urban 
    hospitals in this category and 9.0 percent for 116 rural hospitals.
        Reclassification appears to be a significant factor influencing the 
    payment increases for a number of rural hospital groups with above 
    average overall payment increases in column 6. For example, among 
    hospital groups identified in the discussion of the impacts of MGCRB 
    reclassifications for FY 1996 (column 4), almost all have overall 
    increases of 3.0 or greater. This outcome highlights the redistributive 
    effects of reclassification decisions upon hospital payments. This 
    impact is illustrated even more clearly when one examines the rows 
    categorizing hospitals by their reclassification status for FY 1996. 
    All nonreclassified hospitals have an average payment increase of 2.4 
    percent. The average 
    
    [[Page 45933]]
    payment increase for all reclassified hospitals is 4.0 percent.
        Major teaching hospitals with 100 or more residents have a payment 
    increase of only 1.8 percent. This is attributable to the combined 
    negative impacts of the new wage data, reclassification, and the 
    continued phase-out of day outliers. As discussed above, teaching 
    hospitals located in New York City account for much of this impact. 
    (They also account for much of the below average increase for hospitals 
    for which we do not have Medicare utilization data (1.7 percent 
    increase), along with several Puerto Rico hospitals.)
        Finally, among hospitals that are SCH/EACHs, and those that are 
    both SCH/EACH and RRCs, the payment increase is 2.2 percent. The 
    primary reason for this below average increase is the minimal impact 
    upon these hospitals of the higher FY 1996 outlier payments. Because 
    these hospital groups receive their hospital-specific rate if it 
    exceeds the applicable Federal amount (including outliers), there is 
    less of an impact due to changes in outlier payment levels, which are 
    not applied to the hospital-specific rate.
    
     Table II.--Impact Analysis of Changes for FY 1996 Operating Prospective
                                 Payment System                             
                               [PAYMENTS PER CASE]                          
                                                                            
                                          Average FY  Average FY            
                               Number of     1995        1996         All   
                               hospitals    payment     payment     changes 
                                           per case    per case             
                                     (1)     (2) \1\     (3) \1\         (4)
    ------------------------------------------------------------------------
                            (BY GEOGRAPHIC LOCATION)                        
    ------------------------------------------------------------------------
    ALL HOSPITALS...........       5,207       6,274       6,436         2.6
    URBAN HOSPITALS.........       2,942       6,772       6,940         2.5
    LARGE URBAN AREAS.......       1,647       7,284       7,443         2.2
    OTHER URBAN AREAS.......       1,295       6,073       6,255         3.0
    RURAL AREAS.............       2,265       4,259       4,391         3.1
    BED SIZE (URBAN):                                                       
        0-99 BEDS...........         755       4,596       4,727         2.8
        100-199 BEDS........         925       5,733       5,903         3.0
        200-299 BEDS........         595       6,266       6,432         2.7
        300-499 BEDS........         489       7,198       7,369         2.4
        500 OR MORE BEDS....         178       8,794       8,971         2.0
    BED SIZE (RURAL):                                                       
        0-49 BEDS...........       1,179       3,533       3,643         3.1
        50-99 BEDS..........         665       3,965       4,097         3.4
        100-149 BEDS........         227       4,449       4,562         2.6
        150-199 BEDS........         109       4,508       4,657         3.3
        200 OR MORE BEDS....          85       5,235       5,404         3.2
    URBAN BY CENSUS DIV.:                                                   
        NEW ENGLAND.........         164       7,205       7,359         2.1
        MIDDLE ATLANTIC.....         441       7,464       7,598         1.8
        SOUTH ATLANTIC......         435       6,448       6,617         2.6
        EAST NORTH CENTRAL..         490       6,500       6,668         2.6
        EAST SOUTH CENTRAL..         164       5,920       6,083         2.7
        WEST NORTH CENTRAL..         196       6,432       6,557         1.9
        WEST SOUTH CENTRAL..         387       6,260       6,491         3.7
        MOUNTAIN............         132       6,619       6,767         2.2
        PACIFIC.............         485       7,793       8,009         2.8
        PUERTO RICO.........          48       2,473       2,609         5.5
    RURAL BY CENSUS DIV.:                                                   
        NEW ENGLAND.........          53       5,142       5,334         3.8
        MIDDLE ATLANTIC.....          84       4,735       4,875         3.0
        SOUTH ATLANTIC......         300       4,396       4,530         3.0
        EAST NORTH CENTRAL..         305       4,240       4,394         3.6
        EAST SOUTH CENTRAL..         278       3,816       3,950         3.5
        WEST NORTH CENTRAL..         529       4,018       4,132         2.9
        WEST SOUTH CENTRAL..         354       3,846       3,947         2.6
        MOUNTAIN............         214       4,797       4,904         2.2
        PACIFIC.............         143       5,314       5,494         3.4
        PUERTO RICO.........           5       1,961       2,006         2.3
    ------------------------------------------------------------------------
                             (BY PAYMENT CATEGORIES)                        
    ------------------------------------------------------------------------
    URBAN HOSPITALS.........       3,152       6,682       6,852         2.5
    LARGE URBAN AREAS.......       1,835       7,123       7,287         2.3
    OTHER URBAN AREAS.......       1,317       5,983       6,163         3.0
    RURAL AREAS.............       2,055       4,216       4,333         2.8
    TEACHING STATUS:                                                        
        NON-TEACHING........       4,135       5,165       5,318         3.0
        FEWER THAN 100                                                      
         RESIDENTS..........         841       6,680       6,848         2.5
        100 OR MORE                                                         
         RESIDENTS..........         231      10,346      10,531         1.8
    DISPROPORTIONATE SHARE                                                  
     HOSPITALS (DSH):                                                       
        NON-DSH.............       3,234       5,475       5,628         2.8
    
    [[Page 45934]]
                                                                            
        URBAN DSH:                                                          
            100 BEDS OR MORE       1,370       7,414       7,587         2.3
            FEWER THAN 100                                                  
             BEDS...........         120       4,689       4,844         3.3
        RECLASS. RURAL DSH:                                                 
            LARGE URBAN AND                                                 
             DSH............          22       4,764       5,047         5.9
            DSH ONLY........          69       4,474       4,696         5.0
        RURAL DSH:                                                          
            SOLE COMMUNITY                                                  
             (SCH)..........         136       4,747       4,848         2.1
            REFERRAL CENTERS                                                
             (RRC)..........          29       5,319       5,474         2.9
        OTHER RURAL DSH                                                     
         HOSP.:                                                             
            100 BEDS OR MORE          82       3,933       3,992         1.5
            FEWER THAN 100                                                  
             BEDS...........         145       3,298       3,417         3.6
    URBAN TEACHING AND DSH:                                                 
        BOTH TEACHING AND                                                   
         DSH................         667       8,386       8,564         2.1
        TEACHING AND NO DSH.         356       6,831       6,998         2.5
        NO TEACHING AND DSH.         914       5,841       6,014         3.0
        NO TEACHING AND NO                                                  
         DSH................       1,215       5,275       5,434         3.0
    RURAL HOSPITAL TYPES:                                                   
        NONSPECIAL STATUS                                                   
         HOSPITALS..........       1,302       3,616       3,722         2.9
        RRC.................          91       4,869       5,038         3.5
        SCH/EACH............         623       4,758       4,864         2.2
        SCH/EACH AND RRC....          39       5,547       5,668         2.2
    TYPE OF OWNERSHIP:                                                      
        VOLUNTARY...........       3,149       6,442       6,602         2.5
        PROPRIETARY.........         718       5,688       5,852         2.9
        GOVERNMENT..........       1,340       5,837       6,006         2.9
    MEDICARE UTILIZATION AS                                                 
     A PERCENT OF INPATIENT                                                 
     DAYS:                                                                  
        0-25................         267       8,264       8,440         2.1
        25-50...............       1,356       7,601       7,779         2.3
        50-65...............       2,217       5,739       5,899         2.8
        OVER 65.............       1,245       4,930       5,065         2.7
        UNKNOWN.............         122       7,744       7,877         1.7
    ------------------------------------------------------------------------
         HOSPITALS RECLASSIFIED BY THE MEDICARE GEOGRAPHIC REVIEW BOARD     
    ------------------------------------------------------------------------
    RECLASSIFICATION STATUS                                                 
     DURING FY95 AND FY96:                                                  
        RECLASSIFIED DURING                                                 
         BOTH FY95 AND FY96.         453       5,674       5,840         2.9
            URBAN...........         163       6,593       6,789         3.0
            RURAL...........         290       4,738       4,874         2.9
        RECLASSIFIED DURING                                                 
         FY96 ONLY..........         147       5,222       5,661         8.4
            URBAN...........          31       6,687       7,201         7.7
            RURAL...........         116       4,430       4,828         9.0
        RECLASSIFIED DURING                                                 
         FY95 ONLY..........         284       5,964       5,924        -0.7
            URBAN...........         112       6,956       6,931        -0.4
            RURAL...........         172       4,239       4,175        -1.5
    FY 96 RECLASSIFICATIONS:                                                
        ALL RECLASSIFIED                                                    
         HOSP...............         602       5,580       5,803         4.0
            STAND. AMT. ONLY         210       5,060       5,256         3.9
            WAGE INDEX ONLY.         258       5,707       5,952         4.3
            BOTH............         134       6,042       6,269         3.8
            NONRECLASS......       4,578       6,381       6,534         2.4
        ALL URBAN RECLASS...         195       6,605       6,851         3.7
            STAND. AMT. ONLY          68       5,833       6,050         3.7
            WAGE INDEX ONLY.          35       8,463       8,871         4.8
            BOTH............          92       6,383       6,578         3.0
            NONRECLASS......       2,747       6,785       6,947         2.4
        ALL RURAL RECLASS...         407       4,659       4,862         4.4
            STAND. AMT. ONLY         142       4,240       4,415         4.1
            WAGE INDEX ONLY.         223       4,801       4,992         4.0
            BOTH............          42       5,050       5,370         6.3
            NONRECLASS......       1,831       4,052       4,149         2.4
    OTHER RECLASSIFIED                                                      
     HOSPITALS (SECTION                                                     
     1886(d)(8)(B)).........          27       4,391       4,535         3.3
    \1\ These payment amounts per case do not reflect any estimates of      
      annual case mix increase.                                             
    
    
    
    [[Page 45935]]
    
        Table II presents the projected average payments per case under the 
    changes for FY 1996 for urban and rural hospitals and for the different 
    categories of hospitals shown in Table I. It compares the projected 
    payments per case for FY 1996 with the average estimated per case 
    payments for FY 1995. Thus, this table presents, in terms of the 
    average dollar amounts paid per discharge, the combined effects of the 
    changes presented in Table I. The percentage changes shown in the last 
    column of Table II equal the percentage changes in average payments 
    from column 6 of Table I.
    
    VII. Impact of Changes in the Capital Prospective Payment System
    
    A. General Considerations
    
        We now have data that were unavailable for analyzing the impact 
    changes in the capital prospective payment system for previous fiscal 
    years. Specifically, we have cost report data for the second year of 
    the capital prospective payment system (cost reports beginning in FY 
    1993) available through the June 1995 update of the Hospital Cost 
    Report Information System (HCRIS). We also have information on the 
    projected aggregate amount of obligated capital approved by the fiscal 
    intermediaries. However, our impact analysis of payment changes for 
    capital-related costs is still limited by the lack of hospital-specific 
    data on several items. These are the hospital's projected new capital 
    costs for each year, its projected old capital costs for each year, and 
    the actual amounts of obligated capital that will be put in use for 
    patient care and recognized as Medicare old capital costs in each year. 
    The lack of such information affects our impact analysis in the 
    following ways:
         Major investment in hospital capital assets (for example 
    in building and major fixed equipment) occurs at irregular intervals. 
    As a result, there can be significant variation in the growth rates of 
    Medicare capital-related costs per case among hospitals. We do not have 
    the necessary hospital-specific budget data to project the hospital 
    capital growth rate for an individual hospital.
         Moreover, our policy of recognizing certain obligated 
    capital as old capital makes it difficult to project future capital-
    related costs for individual hospitals. Under Sec. 412.302(c), a 
    hospital is required to notify its intermediary that it has obligated 
    capital by the later of October 1, 1992, or 90 days after the beginning 
    of the hospital's first cost reporting period under the capital 
    prospective payment system. The intermediary must then notify the 
    hospital of its determination whether the criteria for recognition of 
    obligated capital have been met by the later of the end of the 
    hospital's first cost reporting period subject to the capital 
    prospective payment system or 9 months after the receipt of the 
    hospital's notification. The amount that is recognized as old capital 
    is limited to the lesser of the actual allowable costs when the asset 
    is put in use for patient care or the estimated costs of the capital 
    expenditure at the time it was obligated. We have substantial 
    information regarding intermediary determinations of projected 
    aggregate obligated capital amounts. However, we still do not know when 
    these projects will actually be put into use for patient care, the 
    amount that will be recognized as obligated capital when the project is 
    put into use, or the Medicare share of the recognized costs. Therefore, 
    we do not know actual obligated capital commitments to be used in the 
    FY 1996 capital cost projections. We discuss in Appendix B the 
    assumptions and computations we employ to generate the amount of 
    obligated capital commitments for use in the FY 1996 capital cost 
    projections.
        In Table III of this appendix, we present the redistributive 
    effects that are expected to occur between ``hold-harmless'' hospitals 
    and ``fully prospective'' hospitals in FY 1996. In addition, we have 
    integrated sufficient hospital-specific information into our actuarial 
    model to project the impact of FY 1996 capital payment policies by the 
    standard prospective payment system hospital groupings. We caution that 
    while we now have actual information on the effects of the transition 
    payment methodology and interim payments under the capital prospective 
    payment system and cost report data for most hospitals, we need to 
    randomly generate numbers for the change in old capital costs, new 
    capital costs for each year, and obligated amounts that will be put in 
    use for patient care services and recognized as old capital each year. 
    This means that we continue to be unable to predict accurately an 
    individual hospital's FY 1996 capital costs; however, with the more 
    recent data on the experience to date under the capital prospective 
    payment system, there is adequate information to estimate the aggregate 
    impact on most hospital groupings.
        We present the transition payment methodology by hospital grouping 
    in Table IV. In Table V we present the results of the cross-sectional 
    analysis using the results of our actuarial model. This table presents 
    the aggregate impact of the FY 1996 payment policies.
    
    B. Projected Impact Based on the FY 1996 Actuarial Model
    
    1. Assumptions
        In this impact analysis, we model dynamically the impact of the 
    capital prospective payment system from FY 1995 to FY 1996 using a 
    capital acquisition model. The FY 1996 model, described in Appendix B 
    of this final rule, integrates actual data from individual hospitals 
    with randomly generated capital cost amounts. We have capital cost data 
    from cost reports beginning in FY 1989 through FY 1993 received through 
    the June 1995 HCRIS update, interim payment data for hospitals already 
    receiving capital prospective payments through PRICER, and data 
    reported by the intermediaries that include the hospital-specific rate 
    determinations that have been made through July 1, 1995 in the 
    Provider-Specific file. We used this data to determine the FY 1996 
    capital rates. However, we do not have individual hospital data on old 
    capital changes, new capital formation, and actual obligated capital 
    costs. We have data on costs for capital in use in FY 1993, and we age 
    that capital by a formula described in Appendix B. We therefore need to 
    randomly generate only new capital acquisitions for any year after FY 
    1993. All Federal rate payment parameters are assigned to the 
    applicable hospital.
        For purposes of this impact analysis, the FY 1996 actuarial model 
    includes the following assumptions:
         Medicare inpatient capital costs per discharge will 
    increase at the following rates during these periods:
    
                     Average Percentage Increase in Capital                 
    ------------------------------------------------------------------------
                                                                  Costs per 
                            Fiscal year                           discharge 
    ------------------------------------------------------------------------
    1995.......................................................         4.91
    1996.......................................................         5.03
    ------------------------------------------------------------------------
    
         The Medicare case-mix index will increase by 1.4 percent 
    in FY 1995 and 0.8 percent in FY 1996.
         The Federal capital rate as well as the hospital-specific 
    rate will be updated by an analytical framework that considers changes 
    in the prices associated with capital-related costs, and adjustments to 
    account for forecast error, changes in the case-mix index, allowable 
    changes in intensity, and other factors. The proposed FY 1996 update 
    factor was 1.50 percent. In this final rule, the FY 1996 update factor 
    is 1.20 percent (see section V.A of the preamble to this final rule). 
    
    [[Page 45936]]
    
    2. Results
        We have used the actuarial model to estimate the change in payment 
    for capital-related costs from FY 1995 to FY 1996. Table III shows the 
    effect of the capital prospective payment system on low capital cost 
    hospitals and high capital cost hospitals. We consider a hospital to be 
    a low capital cost hospital if, based on a comparison of its initial 
    hospital-specific rate and the applicable Federal rate, it will be paid 
    under the fully prospective payment methodology. A high capital cost 
    hospital is a hospital that, based on its initial hospital-specific 
    rate, will be paid under the hold-harmless payment methodology. Based 
    on our actuarial model, the breakdown of hospitals is as follows:
    
                     Capital Transition Payment Methodology                 
    ------------------------------------------------------------------------
                                                      FY 1996      FY 1996  
                           Percent of    FY 1996     percent of   percent of
      Type of hospital     hospitals    percent of    capital      capital  
                                        discharges     costs       payments 
    ------------------------------------------------------------------------
    Low Cost Hospital...           65           62           51           55
    High Cost Hospital..           35           38           49           45
    ------------------------------------------------------------------------
    
        A low capital cost hospital may request to have its hospital-
    specific rate redetermined based on old capital costs in the current 
    year, through the later of the hospital's cost reporting period 
    beginning in FY 1994 or the first cost reporting period beginning after 
    obligated capital comes into use (within the limits established in 
    Sec. 412.302(e) for putting obligated capital in use for patient care). 
    If the redetermined hospital-specific rate is greater than the adjusted 
    Federal rate, these hospitals will be paid under the hold-harmless 
    payment methodology. Regardless of whether the hospital became a hold-
    harmless payment hospital as a result of a redetermination, we have 
    continued to show these hospitals as low capital cost hospitals in 
    Table III.
        Assuming no behavioral changes in capital expenditures, Table III 
    displays the percentage change in payments from FY 1995 to FY 1996 
    using the above described actuarial model.
    
                     Table III.--Impact of Final Rule Changes for FY 1996 on Payments per Discharge                 
                                                                                                                    
                                            [FY 1995 Payments Per Discharge]                                        
    ----------------------------------------------------------------------------------------------------------------
                                               Adjusted     Average    Hospital      Hold                           
                       Number of  Discharges    Federal     Federal    specific    harmless   Exceptions     Total  
                       hospitals                payment     percent     payment     payment     payment     payment 
    ----------------------------------------------------------------------------------------------------------------
    Low Cost                                                                                                        
     Hospitals......       3,400   6,602,508     $259.45       43.00     $195.17      $45.18      $14.62     $514.42
        Fully                                                                                                       
         Prospective       1,703   3,344,802      240.13       40.00      230.91  ..........        4.65      475.69
        Rebase--Full                                                                                                
         y Prosp....       1,352   2,385,894      239.62       40.00      216.38  ..........       32.61      488.61
        Rebase--100%                                                                                                
         Fed Rate...         154     427,893      655.26      100.00  ..........  ..........        2.19      657.45
        Rebase--Hold                                                                                                
         Harmless...         191     443,918      130.12       21.69  ..........      671.91        5.02      807.05
    High Cost                                                                                                       
     Hospitals......       1,797   4,116,329      357.04       56.85  ..........      385.28        3.41      745.72
        100% Federal                                                                                                
         Rate.......         684   1,735,792      650.39      100.00  ..........  ..........        0.35      650.74
        Hold                                                                                                        
         Harmless...       1,113   2,380,537      143.14       23.40  ..........      666.20        5.63      814.97
                     -----------------------------------------------------------------------------------------------
          Total                                                                                                     
           Hospitals       5,197  10,718,837      296.93       48.45      120.22      175.78       10.31      603.25
    ----------------------------------------------------------------------------------------------------------------
    
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Adjusted     Average    Hospital      Hold                                       
                                                   Number of  Discharges    Federal     Federal    specific    harmless   Exceptions     Total      Percent 
                                                   hospitals                payment     percent     payment     payment     payment     payment     change  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Low Cost Hospitals..........................       3,400   6,602,508     $401.00       53.74     $198.52      $33.50      $12.90     $645.93       25.56
        Fully Prospective.......................       1,703   3,344,802      371.28       50.00      234.90  ..........        5.11      611.29       28.50
        Rebase--Fully Prosp.....................       1,352   2,385,894      370.33       50.00      220.06  ..........       26.10      616.49       26.17
        Rebase--100% Fed Rate...................         214     594,762      791.33      100.00  ..........  ..........        7.35      799.08       21.54
        Rebase--Hold Harmless...................         131     277,050      185.05       24.97  ..........      798.45        5.31      988.81       22.52
    High Cost Hospitals.........................       1,797   4,116,329      577.66       74.25  ..........      277.19        2.86      857.71       15.02
    100% Federal Rate...........................       1,027   2,631,255      783.04      100.00  ..........  ..........        0.48      783.52       20.40
    Hold Harmless...............................         770   1,485,074      213.78       27.80  ..........      768.33        7.07      989.18       21.38
                                                 -----------------------------------------------------------------------------------------------------------
          Total Hospitals.......................       5,197  10,718,837      468.84       61.82      122.28      127.09        9.05      727.26       20.56
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
        Under section 1886(g)(1)(A) of the Act, estimated aggregate 
    payments under the capital prospective payment system for FY 1992 
    through 1995 respectively, were to equal 90 percent of estimated 
    payments that would have been payable on a reasonable cost basis in 
    each year. With the expiration of the capital budget neutrality 
    provision, we 
    
    [[Page 45937]]
    estimate that there will be an aggregate 20.56 percent increase in FY 
    1996 Medicare capital payments over the FY 1995 payments.
        We project that low capital cost hospitals will experience an 
    average increase in payments per case of 25.56 percent, and high 
    capital cost hospitals will experience an average increase of 15.02 
    percent.
        For hospitals paid under the fully prospective payment methodology, 
    the Federal rate payment percentage will increase from 40 percent to 50 
    percent and the hospital-specific rate payment percentage will decrease 
    from 60 to 50 percent in FY 1996.
        The Federal rate payment percentage for a hospital paid under the 
    hold-harmless payment methodology is based on the hospital's ratio of 
    new capital costs to total capital costs. The average Federal rate 
    payment percentage for hospitals receiving a hold-harmless payment for 
    old capital will increase from 23.40 percent to 27.80 percent.
        Despite the reduction in the hospital-specific rate blend 
    percentage from 60 percent in FY 1995 to 50 percent in FY 1996, we 
    expect that the average hospital-specific rate payment per discharge 
    will increase from $120.22 in FY 1995 to $122.28 in FY 1996. This is 
    due to the large increase (21.10 percent) in the FY 1996 hospital-
    specific rate compared to FY 1995.
        We proposed no changes in our exceptions policies for FY 1996. As a 
    result, the minimum payment levels will be:
         90 percent for sole community hospitals;
         80 percent for urban hospitals with 100 or beds and a 
    disproportionate share patient percentage of 20.2 percent or more; or,
         70 percent for all other hospitals.
        We estimate that exceptions payments will decrease from 1.71 
    percent of total capital payments in FY 1995 to 1.24 percent of 
    payments in FY 1996. This is due to the large increase in the rates--as 
    rate-based payments increase, exceptions payments decrease. The 
    projected distribution of the payments is shown in the table below:
    
                      Estimated FY 1996 Exceptions Payments                 
    ------------------------------------------------------------------------
                                                                  Percent of
                   Type of hospital                    No. of     exceptions
                                                     hospitals     payments 
    ------------------------------------------------------------------------
    Low Capital Cost..............................          217           88
    High Capital Cost.............................          118           12
          Total...................................          335          100
    ------------------------------------------------------------------------
    
    C. Cross-Sectional Comparison of Capital Prospective Payment 
    Methodologies
    
        Table IV presents a cross-sectional summary of hospital groupings 
    by capital prospective payment methodology. This distribution is 
    generated by our actuarial model.
    
      Table IV.--Distribution by Method of Payment (Hold-Harmless/Fully Prospective) of Hospitals Receiving Capital 
                                                        Payments                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                                                 (2)Hold-harmless                   
                                                                 (1) Total  -------------------------- (3)Percentage
                                                                   No. of     Percentage   Percentage    paid fully 
                                                                 hospitals    paid hold-   paid fully   prospective 
                                                                             harmless(A)  federal (B)       rate    
    ----------------------------------------------------------------------------------------------------------------
    By Geographic Location:                                                                                         
        All hospitals.........................................        5,197         17.3         23.9          58.8 
        Large urban areas (populations over 1 million)........        1,640         20.2         31.3          48.5 
        Other urban areas (populations of 1 million or fewer).        1,294         21.8         27.9          50.3 
        Rural areas...........................................        2,263         12.7         16.2          71.1 
        Urban hospitals.......................................        2,934         20.9         29.8          49.3 
            0-99 beds.........................................          749         24.8         21.9          53.3 
            100-199 beds......................................          923         25.0         31.4          43.6 
            200-299 beds......................................          595         17.0         35.5          47.6 
            300-499 beds......................................          489         14.7         32.3          53.0 
            500 or more beds..................................          178         13.5         28.7          57.9 
        Rural hospitals.......................................        2,263         12.7         16.2          71.1 
            0-49 beds.........................................        1,177         10.0         11.1          78.8 
            50-99 beds........................................          665         14.4         18.8          66.8 
            100-149 beds......................................          227         17.2         29.1          53.7 
            150-199 beds......................................          109         17.4         20.2          62.4 
            200 or more beds..................................           85         17.6         27.1          55.3 
    By Region:                                                                                                      
        Urban by Region.......................................        2,934         20.9         29.8          49.3 
            New England.......................................          163          9.2         23.3          67.5 
            Middle Atlantic...................................          441         12.7         28.3          59.0 
            South Atlantic....................................          433         25.4         34.6          40.0 
            East North Central................................          490         15.3         26.3          58.4 
            East South Central................................          164         29.9         28.7          41.5 
            West North Central................................          196         19.9         27.6          52.6 
            West South Central................................          387         37.2         37.2          25.6 
            Mountain..........................................          128         20.3         38.3          41.4 
            Pacific...........................................          484         18.6         27.3          54.1 
            Puerto Rico.......................................           48         20.8         12.5          66.7 
        Rural by Region.......................................        2,263         12.7         16.2          71.1 
            New England.......................................           53         11.3         11.3          77.4 
            Middle Atlantic...................................           84          8.3         16.7          75.0 
            South Atlantic....................................          300         15.3         22.3          62.3 
            East North Central................................          305         11.5         10.2          78.4 
            East South Central................................          278         14.7         25.9          59.4 
            West North Central................................          529          8.7         12.7         78.6  
    
    [[Page 45938]]
                                                                                                                    
            West South Central................................          352         14.2         18.8          67.0 
            Mountain..........................................          214         14.0         13.1          72.9 
            Pacific...........................................          143         18.2         10.5          71.3 
    By Payment Classification:                                                                                      
        All hospitals.........................................        5,197         17.3         23.9          58.8 
        Large urban areas (populations over 1 million)........        1,828         19.7         31.0          49.3 
        Other urban areas (populations of 1 million or fewer).        1,316         22.0         27.4          50.7 
        Rural areas...........................................        2,053         12.2         15.3          72.4 
        Teaching Status:......................................                                                      
            Non-teaching......................................        4,125         17.8         23.0          59.2 
            Fewer than 100 Residents..........................          841         17.0         27.7          55.3 
            100 or more Residents.............................          231         10.4         26.0          63.6 
        Disproportionate share hospitals (DSH):                                                                     
            Non-DSH...........................................        3,225         17.1         20.1          62.8 
            Urban DSH:                                                                                              
                100 or more beds..............................        1,436         18.9         33.1          47.9 
                Less than 100 beds............................          144         20.8         25.7          53.5 
            Rural DSH:                                                                                              
                Sole Community (SCH/EACH).....................          136         13.2         14.7          72.1 
                Referral Center (RRC/EACH)....................           29         17.2         17.2          65.5 
                Other Rural:                                                                                        
                    100 or more beds..........................           82         14.6         32.9          52.4 
                    Less than 100 beds........................          145          8.3         20.0          71.7 
        Urban teaching and DSH:                                                                                     
            Both teaching and DSH.............................          667         13.5         30.3          56.2 
            Teaching and no DSH...............................          356         18.3         23.9          57.9 
            No teaching and DSH...............................          913         23.2         34.1          42.7 
            No teaching and no DSH............................        1,208         23.4         27.2          49.4 
        Rural Hospital Types:                                                                                       
            Non special status hospitals......................        1,300          8.8         16.8          74.5 
            RRC/EACH..........................................           91         20.9         23.1          56.0 
            SCH/EACH..........................................          623         17.7         11.4          70.9 
            SCH, RRC and EACH.................................           39         20.5         12.8          66.7 
        Type of Ownership:                                                                                          
            Voluntary.........................................        3,139         17.2         24.1          58.8 
            Proprietary.......................................          718         30.4         39.3          30.4 
            Government........................................        1,340         10.7         15.2          74.0 
        Medicare Utilization as a Percent of Inpatient Days:                                                        
            0-25..............................................          267         24.0         21.0          55.1 
            25-50.............................................        1,356         19.5         28.5          52.0 
            50-65.............................................        2,217         16.2         24.3          59.5 
            Over 65...........................................        1,245         13.9         18.7          67.4 
    ----------------------------------------------------------------------------------------------------------------
    
    
        As we explain in Appendix B, we were not able to determine a 
    hospital-specific rate for 10 of the 5,207 hospitals in our data base. 
    Consequently, the payment methodology distribution is based on 5,197 
    hospitals. This data should be fully representative of the payment 
    methodologies that will be applicable to hospitals.
        The cross-sectional distribution of hospital by payment methodology 
    is presented by: (1) geographic location, (2) region, and (3) payment 
    classification. This provides an indication of the percentage of 
    hospitals within a particular hospital grouping that will be paid under 
    the fully prospective payment methodology and under the hold-harmless 
    methodology.
        The percentage of hospitals paid fully Federal (100 percent of 
    Federal rate) is expected to increase to 23.9 percent in FY 1996. As 
    noted above, these hospitals constitute approximately 58 percent of all 
    hold-harmless hospitals. In comparison, only 16.6 percent of hospitals 
    were paid fully Federal in FY 1995, representing only about 39 percent 
    of all hold-harmless hospitals. The cause of this increase is the 
    expiration of the budget neutrality provision, which resulted in a 
    large rate increase in the capital Federal rate. Due to the increase in 
    the Federal rate, more hold-harmless hospitals will fare better under 
    the fully Federal payment method.
        Table IV indicates that 58.8 percent of hospitals are paid under 
    the fully prospective payment methodology. (This figure, unlike the 
    figure of 65 percent for low cost capital hospitals in the previous 
    section, takes account of the effects of redeterminations. In other 
    words, this figure does not include low cost hospitals that, following 
    a hospital-specific rate redetermination, are now paid under the hold-
    harmless methodology.) As expected, a relatively higher percentage of 
    rural and governmental hospitals (72.4 percent and 74.0 percent, 
    respectively by payment classification) are being paid 
    
    [[Page 45939]]
    under the fully prospective methodology. This is a reflection of their 
    lower than average capital costs per case. In contrast, only 30.4 
    percent of proprietary hospitals are being paid under the fully 
    prospective methodology. This is a reflection of their higher than 
    average capital costs per case. (We found at the time of the August 30, 
    1991 final rule (56 FR 43430) that 62.7 percent of proprietary 
    hospitals had a capital cost per case above the national average cost 
    per case.)
    
    D. Cross-Sectional Analysis of Changes in Aggregate Payments
    
        We used our FY 1996 actuarial model to estimate the potential 
    impact of our changes for FY 1996 on total capital payments per case, 
    using a universe of 5,197 hospitals. The individual hospital payment 
    parameters are taken from the best available data, including: the July 
    1, 1995 update to the Provider-Specific file, cost report data, and 
    audit information supplied by intermediaries. Table V presents 
    estimates of payments per case for FY 1995 and FY 1996 (columns 2 and 
    3). Column 4 shows the total percentage change in payments from FY 1995 
    to FY 1996. Column 5 presents the percentage change in payments that 
    can be attributed to Federal rate changes alone.
        Federal rate changes represented in Column 5 include the 22.6 
    percent increase in the Federal rate, a 0.8 percent increase in case 
    mix, changes in the adjustments to the Federal rate (for example, the 
    effect of the new hospital wage index on the geographic adjustment 
    factor), and reclassifications by the Medicare Geographic 
    Classification Review Board. Column 4 includes the effects of the 
    Federal rate changes represented in column 3. Column 4 also includes 
    the effects of all other changes. Those other changes include: the 
    change from 40 percent to 50 percent in the portion of the Federal rate 
    for fully prospective hospitals, the hospital-specific rate update, 
    changes in the proportion of new to total capital for hold-harmless 
    hospitals, changes in old capital (for example, obligated capital put 
    in use), hospital-specific rate redeterminations, and exceptions. The 
    comparisons are provided by: (1) geographic location and (2) payment 
    classification and payment region.
        The simulation results show that, on average, capital payments per 
    case can be expected to increase 20.6 percent in FY 1996. The results 
    show that the effect of the Federal rate changes alone is to increase 
    payments by 11.7 percent. In addition to the increase attributable to 
    the Federal rate changes, an 8.9 percent increase is attributable to 
    the effects of all other changes.
        Our comparison by geographic location shows that urban hospitals 
    will gain slightly less than rural hospitals from the final rule 
    changes (rates of increase of 20.4 percent and 21.6 percent, 
    respectively). Urban hospitals will gain at approximately the same rate 
    as rural hospitals (11.7 and 11.6 percent) from the Federal rate 
    changes. Urban hospitals will gain slightly less than rural hospitals 
    (8.7 percent compared to 10.0 percent) from the effects of all other 
    changes.
        By region, there is relatively little variation compared to some 
    previous years. All regions are estimated to receive large increases in 
    total capital payments per case, due to the expiration of the budget 
    neutrality provision. Increases by region vary from a low of 15.3 and 
    16.0 percent (rural Mountain and urban East South Central regions 
    respectively) to a high of 26.1 and 25.9 percent (rural hospitals of 
    the New England and Middle Atlantic regions respectively).
        By type of ownership, proprietary hospitals are projected to have 
    the lowest rate of increase (16.7 percent, of which 11.7 percent is due 
    to Federal rate changes and 5.0 percent to the effects of all other 
    changes). In our proposed rule, proprietary hospitals had the highest 
    rate of increase. We believe that one factor contributing to the higher 
    estimated rate of increase for proprietary hospitals in the proposed 
    rule was the treatment of tax costs. Proportionately more proprietary 
    hospitals are subject to capital-related taxes than other categories of 
    hospitals. Proprietary hospitals experience the same rate of increase 
    attributable to Federal rate changes as all other hospitals (11.7 
    percent). Since this final rule does not incorporate the proposed 
    adjustment to the Federal rate for capital-related taxes, the estimated 
    rate of increase for proprietary hospitals is lower than that in the 
    proposed rule. Payments to voluntary hospitals will increase 21.0 
    percent (11.6 percent due to the Federal rate changes and 9.4 percent 
    due to the effects of all other changes) and payments to government 
    hospitals will increase 21.5 percent (12.3 percent due to Federal rate 
    changes and 9.2 percent due to the effects of all other changes).
        Section 1886(d)(10) of the Act established the Medicare Geographic 
    Classification Review Board (MGCRB). Hospitals may apply for 
    reclassification for purposes of the wage index, standardized amount, 
    or both. Although the Federal capital rate is not affected, a 
    hospital's geographic classification for purposes of the operating 
    standardized amount does affect a hospital's capital payments as a 
    result of the large urban adjustment factor and the disproportionate 
    share adjustment for urban hospitals with 100 or more beds. 
    Reclassification for wage index purposes affects the geographic 
    adjustment factor since that factor is constructed from the hospital 
    wage index.
        To present the effects of reclassification on the hospitals being 
    reclassified for FY 1996 compared to the effects of reclassification 
    for FY 1995, we show the average payment percentage increase for 
    hospitals reclassified in each fiscal year and in total. For FY 1996 
    reclassifications, we indicate those hospitals reclassified for 
    standardized amount purposes only, for wage index purposes only, and 
    for both purposes. The reclassified groups are compared to all other 
    nonreclassified hospitals. These categories are further identified by 
    urban and rural designation.
        As a whole, hospitals reclassified during FY 1996 are projected to 
    experience a 22.5 percent increase in payments (12.2 percent 
    attributable to Federal rate changes and 10.3 percent attributable to 
    the effects of all other changes). Nonreclassified hospitals will gain 
    less (20.3 percent) than reclassified hospitals (22.5 percent) overall. 
    Nonreclassified hospitals will gain slightly less than reclassified 
    hospitals from the Federal rate changes (11.6 percent compared to 12.2 
    percent); they will also gain slightly less from the effects of all 
    other changes (8.7 percent compared to 10.3 percent).
        In the proposed rule, Table V included two additional categories of 
    hospitals, according to whether they paid property taxes. We showed 
    these two additional categories of hospitals because of the expected 
    differences in the impact on each category of hospital of our proposed 
    changes with regard to capital-related taxes. Since we are not 
    implementing the proposed change concerning capital-related taxes, we 
    are not showing these categories of hospitals in Table V of this final 
    rule.
    
                                                                                                                    
    
    [[Page 45940]]
                                     Table V.--Comparison of Total Payments Per Case                                
                                     [FY 1995 Payments Compared to FY 1996 Payments]                                
    ----------------------------------------------------------------------------------------------------------------
                                                                  Average FY   Average FY                  Portion  
                                                     Number of       1995         1996                  attributable
                                                     hospitals    payments/    payments/   All changes   to Federal 
                                                                     case         case                   rate change
    ----------------------------------------------------------------------------------------------------------------
                                                 By Geographic Location                                             
    ----------------------------------------------------------------------------------------------------------------
    All hospitals.................................        5,197          603          727         20.6          11.7
    Large urban areas (populations over 1 million)        1,640          690          835         21.1          12.0
    Other urban areas (populations of 1 million or                                                                  
     fewer).......................................        1,294          605          721         19.3          11.2
    Rural areas...................................        2,263          396          482         21.6          11.6
    Urban hospitals...............................        2,934          654          787         20.4          11.7
        0-99 beds.................................          749          501          596         18.9          10.6
        100-199 beds..............................          923          597          709         18.8          11.1
        200-299 beds..............................          595          615          739         20.2          12.1
        300-499 beds..............................          489          668          810         21.1          12.0
        500 or more beds..........................          178          806          978         21.4          11.5
    Rural hospitals...............................        2,263          396          482         21.6          11.6
        0-49 beds.................................        1,177          298          373         25.4          12.0
        50-99 beds................................          665          362          440         21.7          11.9
        100-149 beds..............................          227          429          517         20.4          12.1
        150-199 beds..............................          109          429          520         21.1          10.7
        200 or more beds..........................           85          510          616         20.7          11.1
    ----------------------------------------------------------------------------------------------------------------
                                                        By Region                                                   
    ----------------------------------------------------------------------------------------------------------------
    Urban by Region...............................        2,934          654          787         20.4          11.7
        New England...............................          163          633          778         22.8          12.9
        Middle Atlantic...........................          441          683          842         23.3          12.1
        South Atlantic............................          433          661          777         17.6          10.6
        East North Central........................          490          602          732         21.6          11.9
        East South Central........................          164          615          714         16.0           9.2
        West North Central........................          196          640          770         20.2          11.5
        West South Central........................          387          687          799         16.2          11.5
        Mountain..................................          128          652          779         19.4          13.6
        Pacific...................................          484          724          886         22.5          12.4
        Puerto Rico...............................           48          263          315         19.6          10.8
    Rural by Region...............................        2,263          396          482         21.6          11.6
        New England...............................           53          524          661         26.1           9.6
        Middle Atlantic...........................           84          400          503         25.9          13.4
        South Atlantic............................          300          414          499         20.5          12.3
        East North Central........................          305          385          470         21.9          11.1
        East South Central........................          278          372          447         20.2          11.6
        West North Central........................          529          368          453         23.2          12.1
        West South Central........................          352          380          460         21.1          11.2
        Mountain..................................          214          445          513         15.3           9.2
        Pacific...................................          143          449          558         24.3          11.7
    ----------------------------------------------------------------------------------------------------------------
                                                By Payment Classification                                           
    ----------------------------------------------------------------------------------------------------------------
    All hospitals.................................        5,197          603          727         20.6          11.7
    Large urban areas (populations over 1 million)        1,828          677          821         21.3          12.0
    Other urban areas (populations of 1 million or                                                                  
     fewer).......................................        1,316          598          711         18.9          11.1
    Rural areas...................................        2,053          382          465         21.7          11.6
    Teaching Status:                                                                                                
        Non-teaching..............................        4,125          525          627         19.3          11.6
        Fewer than 100 Residents..................          841          632          767         21.2          11.6
        100 or more Residents.....................          231          885        1,087         22.8          12.0
    Disproportionate share hospitals (DSH):                                                                         
        Non-DSH...................................        3,225          547          661         20.8          11.4
        Urban DSH:                                                                                                  
            100 or more beds......................        1,436          684          823         20.3          11.9
            Less than 100 beds....................          144          467          554         18.6          12.4
        Rural DSH:                                                                                                  
            Sole Community (SCH/EACH).............          136          370          439         18.8          10.2
            Referral Center (RRC/EACH)............           29          456          547         20.0          10.6
            Other Rural:                                                                                            
                100 or more beds..................           82          376          463         23.2          13.3
                Less than 100 beds................          145          297          369         24.5          14.6
    Urban teaching and DSH:                                                                                         
        Both teaching and DSH.....................          667          749          911         21.6          12.0
        Teaching and no DSH.......................          356          650          795         22.2          11.2
        No teaching and DSH.......................          913          594          701         18.1         11.7 
    
    [[Page 45941]]
                                                                                                                    
        No teaching and no DSH....................        1,208          567          678         19.4          11.5
    Rural Hospital Types:                                                                                           
        Non special status hospitals..............        1,300          336          417         24.1          13.0
        RRC/EACH..................................           91          476          575         20.9          11.0
        SCH/EACH..................................          623          392          466         19.0          10.0
        SCH, RRC and EACH.........................           39          494          583         17.9           9.1
    Hospitals Reclassified by the Medicare                                                                          
     Geographic Classification Review Board:                                                                        
        Reclassification Status During FY95 and                                                                     
         FY96:                                                                                                      
            Reclassified During Both FY95 and FY96          453          549          669         21.8          11.7
            Reclassified During FY96 Only.........          147          499          626         25.4          14.2
            Reclassified During FY95 Only.........          275          636          727         14.3           9.0
        FY96 Reclassifications:                                                                                     
            All Reclassified Hospitals............          602          539          660         22.5          12.2
            All Nonreclassified Hospitals.........        4,568          613          738         20.3          11.6
            All Urban Reclassified Hospitals......          195          624          766         22.9          12.0
            Urban Nonreclassified Hospitals.......        2,739          656          789         20.2          11.7
            All Reclassified Rural Hospitals......          407          462          564         22.0          12.4
            Rural Nonreclassified Hospitals.......        1,829          362          439         21.4          11.1
        Other Reclassified Hospitals (Section                                                                       
         1886(D)(8)(B))...........................           27          438          527         20.4          10.5
    Type of Ownership:                                                                                              
        Voluntary.................................        3,139          616          745         21.0          11.6
        Proprietary...............................          718          634          740         16.7          11.7
        Government................................        1,340          507          616         21.5          12.3
    Medicare Utilization as a Percent of Inpatient                                                                  
     Days:                                                                                                          
        0-25......................................          267          669          820         22.5          11.1
        25-50.....................................        1,356          719          869         20.9          11.6
        50-65.....................................        2,217          561          674         20.2          11.7
        Over 65...................................        1,245          500          600         20.2          11.9
    ----------------------------------------------------------------------------------------------------------------
    
    
    Appendix B--Technical Appendix on the Capital Acquisition Model and 
    Required Adjustments
    
        Section 1886(g)(1)(A) of the Act requires that for FY 1992 through 
    FY 1995 aggregate prospective payments for operating costs under 
    section 1886(d) of the Act and prospective payments for capital costs 
    under section 1886(g) of the Act be reduced each year in a manner that 
    results in a 10 percent reduction of the amount that would have been 
    payable on a reasonable cost basis for capital-related costs in that 
    year. To implement this requirement, we developed the capital 
    acquisition model to determine the budget neutrality adjustment factor. 
    Even though the budget neutrality requirement expires effective with FY 
    1996, we must continue to determine the recalibration and geographic 
    reclassification budget neutrality adjustment factor, and the reduction 
    in the Federal and hospital-specific rates for exceptions payments. We 
    continue to use the capital acquisition model to determine these 
    factors.
        The following data are used in the capital acquisition model: the 
    June 1995 update of the PPS-IX (cost reporting periods beginning in FY 
    1992) and PPS-X (cost reporting periods beginning in FY 1993) cost 
    reports, the July 1, 1995 update of the provider-specific file, and the 
    March 1994 update of the intermediary audit file. The available data 
    still lack certain items that were required for the determination of 
    budget neutrality, including each hospital's projected new capital 
    costs for each year, its projected old capital costs for each year, and 
    the projected obligated capital amounts that will be put in use for 
    patient care services and recognized as old capital each year.
        Since hospitals under alternative payment system waivers (that is, 
    hospitals in Maryland) are currently excluded from the capital 
    prospective payment system, we excluded these hospitals from our model.
        We then developed FY 1992, FY 1993, FY 1994, and FY 1995 hospital-
    specific rates using the provider-specific file, the intermediary audit 
    file, and when available, cost reports. (We used the cumulative 
    provider-specific file, which includes all updates to each hospital's 
    records, and chose the latest record for each fiscal year.) We checked 
    the consistency between the provider-specific file and the intermediary 
    audit file. We also ensured that the FY 1993 increase in the hospital-
    specific rate was at least 0.62 percent (the net FY 1993 update), that 
    the FY 1994 hospital-specific rate was at least as large as the FY 1993 
    hospital-specific rate decreased by 2.16 percent (the net FY 1994 
    update), and that the FY 1995 increase in the hospital-specific rate 
    was at least 0.05 percent (the net FY 1995 update). We were able to 
    match hospitals to the files as shown in the following table.
    
    ------------------------------------------------------------------------
                                                                  Number of 
                               Source                             hospitals 
    ------------------------------------------------------------------------
    Provider-Specific File Only................................           97
    Provider-Specific and Audit File...........................         5109
    Neither File...............................................            1
          Total................................................         5207
    ------------------------------------------------------------------------
    
        Seventy-one of these hospitals had unusable or missing data. We 
    were able to backfill a hospital-specific rate for 61 of these 
    hospitals from the cost reports as shown in the following table.
    
    ------------------------------------------------------------------------
                                                                  Number of 
                               Source                             hospitals 
    ------------------------------------------------------------------------
    PPS-V Cost Reports.........................................            3
    PPS-VII Cost Reports.......................................            2
    PPS-VIII Cost Reports......................................            1
    PPS-IX Cost Reports........................................            9
    PPS-X Cost Reports.........................................          21 
    
    [[Page 45942]]
                                                                            
    PPS-XI Cost Reports........................................           25
                                                                ------------
          Total................................................           61
    ------------------------------------------------------------------------
    
    
    
        We did not have data for 10 hospitals, and had to eliminate them 
    from the capital analysis. These hospitals likely are new hospitals or 
    hospitals with very few Medicare admissions. This leaves us with 5197 
    hospitals and should not affect the precision of the required 
    adjustment factors.
        Next, we determined old and new capital amounts for FY 1992 using 
    the PPS-IX cost reports as the first source of data. For FY 1993 we 
    used PPS-IX and PPS-X cost reports as the first source of data, 
    weighting each cost report by the number of days in FY 1993. We were 
    able to match 5,125 PPS-IX cost reports and 5,090 PPS-X cost reports. 
    In cases where cost reports could not be matched, we used the provider-
    specific file for old capital information. Even in cases where a cost 
    report was available, the breakout of old and new capital was not 
    always available. In these cases, we used the old capital amounts and 
    new capital ratios from the provider-specific file. If these were 
    missing, we derived the old capital amount from the hospital-specific 
    rate.
        Finally, we used the intermediary audit file to develop obligated 
    capital amounts. Since the obligated amounts are aggregate projected 
    amounts, we computed a Medicare capital cost per admission associated 
    with these amounts. We adjusted the aggregate amounts by the following 
    factors:
        (1) Medicare inpatient share of capital. This was derived from cost 
    reports and was limited to the Medicare share of total inpatient days. 
    It was necessary to limit the Medicare share because of data integrity 
    problems. Medicare share of inpatient days is a reasonably good proxy 
    for allocating capital. However, it may be understated if Medicare 
    utilization is high, and may be overstated because it does not reflect 
    the outpatient share of capital.
        (2) Capitalization factor. This factor allocates the aggregate 
    amount of obligated capital to depreciation and interest amounts. 
    Consistent with the assumptions in the capital input price index, we 
    used a 25-year life for fixed capital and a 10-year life for movable 
    capital, and an average projected interest rate of 6.7 percent. We also 
    assumed that fixed capital acquisitions are about one-half of total 
    capital. In conjunction with the useful life and interest rate 
    assumptions, the resulting capitalized fixed capital is about one-half 
    of total capitalization. This is consistent with the allocations 
    between fixed and movable capital found on the cost reports. The ratio 
    we developed is 0.137, which produces the first year capitalization 
    based on the aggregate amount.
        (3) A divisor of Medicare admissions to derive the capital per 
    discharge amount. Since we must project capital amounts for each 
    hospital, we continued to use a Monte Carlo simulation to develop these 
    amounts. (This model is described in detail in the August 30, 1991 
    final rule (56 FR 43517).) The Monte Carlo simulation is now used only 
    to project capital costs per discharge amounts for each hospital. We 
    analyzed the distributions of capital increases, and noted a slightly 
    negative correlation between the dollar level of capital cost per 
    admission, and the rate of increase in capital. To determine the rate 
    of increase in capital cost per admission, we multiplied the lesser of 
    $3,000 or the capital cost per admission by .00006 and subtracted this 
    result from 1.2. (Increases for capital levels over $3,000 were not 
    influenced by the level of capital, so this part of the calculation was 
    capped at $3,000.) We selected a random number from the normal 
    distribution, multiplied it by 0.17 (the standard deviation) and added 
    it to -0.04 (the mean) and then added 1 to create a multiplier. This 
    random result was multiplied by the previous result to assign a rate of 
    increase factor which was multiplied by the prior year's capital per 
    discharge amount to develop a capital per discharge amount for the 
    projected year.
        To model a projected year, we used the old and new capital for the 
    prior year multiplied by 0.96 (aging factor). The 0.96 aging factor is 
    the average of changes in capital over its life. The aged new and old 
    capital is subtracted from the projected capital described in the 
    previous paragraph. The difference represents newly acquired capital. 
    We assume that the hospital would accrue only a half year of costs for 
    newly acquired capital in the year in which the capital comes on line. 
    This is because, on average, new capital will come on line in the 
    middle of the year. We make the same assumption for obligated capital. 
    If the hospital has obligated capital, the lesser of one half of the 
    adjusted costs (as described in the succeeding paragraph) for newly 
    acquired capital or one half of the costs (for FY 1993, all of the 
    costs) for obligated capital are deemed to apply to the current year. 
    The full year's costs for new or obligated capital are assumed to apply 
    for the following year. For FY 1994, one half of the costs for any 
    outstanding obligated capital were deemed to apply to FY 1994; a full 
    year's costs were deemed to apply to FY 1995. With the exception of 
    certain hospitals about whom we have information to the contrary, we 
    assume that hospitals would meet the expiration dates provided under 
    the obligated capital provision. The on-line obligated amounts are 
    added to old capital and subtracted from the newly acquired capital to 
    yield residual newly acquired capital, which is then added to new 
    capital. The residual newly acquired capital is never permitted to be 
    less than zero.
        Next, we computed the average total capital cost per discharge from 
    the capital costs that were generated by the model and compared the 
    results to total capital costs per discharge that we had projected 
    independently of the model. We adjusted the newly acquired capital 
    amounts proportionately, so that the total capital costs per discharge 
    generated by the model match the independently projected capital costs 
    per discharge.
        Once each hospital's capital-related costs are generated, the model 
    projects capital payments. We use the actual payment parameters (for 
    example, the case-mix index and the geographic adjustment factor) that 
    are applicable to the specific hospital.
        To project capital payments, the model first assigns the applicable 
    payment methodology (fully prospective or hold-harmless) to the 
    hospital. If available, the model uses the payment methodology 
    indicated in the PPS-IX cost reports or the provider-specific file. 
    Otherwise, the model determines the methodology by comparing the 
    hospital's FY 1992 hospital-specific rate to the adjusted Federal rate 
    applicable to the hospital. The model simulates Federal rate payments 
    using the assigned payment parameters and hospital-specific estimated 
    outlier payments. The case-mix index for a hospital is derived from the 
    FY 1994 MedPAR file using the FY 1996 DRG relative weights published in 
    this rule. The case-mix index is increased each year after FY 1994 
    consistent with the continuing trend in case-mix increase.
        We analyzed the case-mix increases for the recent past and found 
    that case-mix increases have decelerated to about 1.53 percent in FY 
    1992, 0.80 percent in FY 1993, and 0.75 percent in FY 1994. It appears 
    that the case-mix increase for FY 1995 will be around 1.4 percent. It 
    is too early to determine if the FY 1995 increase is a one time event, 
    or if it is the start of an accelerating trend. Because case-mix 
    increases have been 
    
    [[Page 45943]]
    decelerating, we expect future case-mix increases to be moderate. 
    Therefore, in the model we have used a case-mix increase of 1.4 percent 
    in FY 1995 and a projected case-mix increase of 0.8 percent in FY 1996. 
    (Since we are using FY 1994 cases for our analysis, the FY 1994 
    increase in case mix has no effect on projected capital payments.)
        Changes in geographic classification and revisions to the hospital 
    wage data used to establish the hospital wage index affect the 
    geographic adjustment factor. Changes in the DRG classification system 
    and the relative weights affect the case-mix index.
        Section 1886(g)(1)(A) of the Act requires that, for discharges 
    occurring after September 30, 1993, the unadjusted standard Federal 
    rate be reduced by 7.4 percent. Consequently, the model reduces the 
    unadjusted standard Federal rate by 7.4 percent effective in FY 1994. 
    Since budget neutrality expires effective with FY 1996, this adjustment 
    affects the Federal rate starting in FY 1996.
        The change in the method of paying transfer cases affects total 
    capital payments. We are making the effect of this change budget 
    neutral. To determine the budget neutrality adjustment factor for 
    transfers, we followed the methodology described in section VI.D of 
    Appendix A to this proposed rule. We computed the transfer-adjusted 
    number of discharges and case-mix under the current transfer policy, 
    and the proposed transfer policy for each hospital. We multiplied the 
    corresponding number of discharges and case-mix numbers for each 
    hospital and added all hospitals together. The number computed under 
    the current transfer policy divided by the number computed under the 
    proposed transfer policy yielded the transfer adjustment factor of 
    0.9972. This adjustment factor is applied to both the hospital-specific 
    rate and the Federal rate.
        Section 412.308(c)(4)(ii) requires that the estimated aggregate 
    payments for the fiscal year, based on the Federal rate after any 
    changes resulting from DRG reclassifications and recalibration and the 
    geographic adjustment factor, equal the estimated aggregate payments 
    based on the Federal rate that would have been made without such 
    changes. For FY 1995, the budget neutrality adjustment factor was 
    1.0031. To determine the factor for FY 1996, we first determined the 
    portion of the Federal rate that would be paid for each hospital in FY 
    1996 based on its applicable payment methodology. We then compared 
    estimated aggregate Federal rate payments based on the FY 1995 DRG 
    relative weights and FY 1995 geographic adjustment factor to estimated 
    aggregate Federal rate payments based on the FY 1996 relative weights 
    and the FY 1996 geographic adjustment factor. In making the comparison, 
    we held the FY 1996 Federal rate portion constant and set the other 
    budget neutrality adjustment factor and exceptions reduction factor to 
    1.00. We determined that to achieve budget neutrality for the changes 
    in the geographic adjustment factor and DRG classifications and 
    relative weights, an incremental budget neutrality adjustment of 0.9994 
    for FY 1996 should be applied to the previous cumulative FY 1995 
    adjustment of 1.0031 (the product of the FY 1993 incremental adjustment 
    of 0.9980, the FY 1994 incremental adjustment of 1.0053, and the FY 
    1995 incremental adjustment of 0.9998), yielding a cumulative 
    adjustment of 1.0025 through FY 1996.
        The methodology used to determine the recalibration and geographic 
    (DRG/GAF) budget neutrality adjustment factor is similar to that used 
    in establishing budget neutrality adjustments under the prospective 
    payment system for operating costs. One difference is that under the 
    operating prospective payment system, the budget neutrality adjustments 
    for the effect of geographic reclassifications are determined 
    separately from the effects of other changes in the hospital wage index 
    and the DRG weights. Under the capital prospective payment system, 
    there is a single DRG/GAF budget neutrality adjustment factor for 
    changes in the geographic adjustment factor (including geographic 
    reclassification) and the DRG relative weights. In addition, there is 
    no adjustment for the effects that geographic reclassification has on 
    the other payment parameters, such as the payments for serving low 
    income patients or the large urban add-on.
        In addition to computing the DRG/GAF budget neutrality adjustment 
    factor, we used the model to simulate total payments under the 
    prospective payment system.
        Additional payments under the exceptions process are accounted for 
    through a reduction in the Federal and hospital-specific rates. 
    Therefore, we used the model to calculate estimated exceptions payments 
    and the exceptions reduction factor. This exceptions reduction factor 
    ensures that estimated aggregate payments under the capital prospective 
    payment system, including exceptions payments, equal estimated 
    aggregate payments under the capital prospective payment system without 
    an exceptions process. Since changes in the level of the payment rates 
    change the level of payments under the exceptions process, the 
    exceptions reduction factor must be determined through iteration.
        In the August 30, 1991 final rule (56 FR 43517), we indicated that 
    we would publish each year the estimated payment factors generated by 
    the model to determine payments for the next 5 years. The table below 
    provides the actual factors for FY 1992, FY 1993, FY 1994, FY 1995, FY 
    1996, and the estimated factors that would be applicable through FY 
    2000. We caution that, except with respect to FY 1992, FY 1993, FY 
    1994, FY 1995 and FY 1996, these are estimates only, and are subject to 
    revisions resulting from continued methodological refinements, more 
    recent data, and any payment policy changes that may occur. In this 
    regard, we note that in making these projections we have assumed that 
    the cumulative DRG/GAF adjustment factor will remain at 1.0025 for FY 
    1996 and later because we do not have sufficient information to 
    estimate the change that will occur in the factor for years after FY 
    1996.
        The projections are as follows:
    
    ------------------------------------------------------------------------
                                                                   Federal  
                             Update     Exceptions     Budget    rate (after
         Fiscal year         factor     reduction    neutrality    outlier  
                                          factor       factor     reduction)
    ------------------------------------------------------------------------
    1992................          N/A       0.9813       0.9602       415.59
    1993................         6.07        .9756        .9162   \1\ 417.29
    1994................         3.04        .9485        .8947   \2\ 378.34
    1995................         3.44        .9734        .8432   \3\ 376.83
    1996................         1.20        .9849          N/A   \4\ 461.96
    1997................         1.70        .9822          N/A       468.53
    1998................         1.90        .9747          N/A       473.78
    1999................         1.90        .9608          N/A       475.90
    
    [[Page 45944]]
                                                                            
    2000................         1.90        .9406          N/A       474.75
    ------------------------------------------------------------------------
    \1\ Note: Includes the DRG/GAF adjustment factor of 0.9980 and the      
      change in the outlier adjustment from 0.9497 in FY 1992 to 0.9496 in  
      FY 1993.                                                              
    \2\ Note: Includes the 7.4 percent reduction in the unadjusted standard 
      Federal rate. Also includes the DRG/GAF adjustment factor of 1.0033   
      and the change in the outlier adjustment from 0.9496 in FY 1993 to    
      0.9454 in FY 1994.                                                    
    \3\ Note: Includes the DRG/GAF adjustment factor of 1.0031 and the      
      change in the outlier adjustment from 0.9454 in FY 1994 to 0.9414 in  
      FY 1995.                                                              
    \4\ Note: Includes the transfer adjustment of .9972. Also includes the  
      DRG/GAF adjustment factor of 1.0025 and the change in the outlier     
      adjustment from 0.9414 in FY 1995 to 0.9536 in FY 1996. Future        
      adjustments are, for purposes of this projection, assumed to remain at
      the same level.                                                       
    
    
    Appendix C--Recommendation of Update Factors for Operating Cost Rates 
    of Payment for Inpatient Hospital Services
    
    I. Background
    
        Several provisions of the Social Security Act (the Act) address the 
    setting of update factors for services furnished in FY 1996 by 
    hospitals subject to the prospective payment system and those excluded 
    from the prospective payment system. Section 1886(b)(3)(B)(i)(XI) of 
    the Act sets the FY 1996 percentage increase in the operating cost 
    standardized amounts equal to the rate of increase in the hospital 
    market basket minus 2.0 percentage points for prospective payment 
    hospitals in all areas. Section 1886(b)(3)(B)(iv) of the Act sets the 
    FY 1996 percentage increase to the hospital-specific rate applicable to 
    sole community hospitals equal to the rate set forth in section 
    1886(b)(3)(B)(i) of the Act, that is, the same update factor as all 
    other hospitals subject to the prospective payment system, or the rate 
    of increase in the market basket minus 2.0 percentage points. Section 
    1886(b)(3)(B)(ii) of the Act sets the FY 1996 percentage increase in 
    the rate of increase limits for hospitals excluded from the prospective 
    payment system equal to the rate of increase in the excluded hospital 
    market basket minus the applicable reduction or, in the case of a 
    hospital in a fiscal year for which the hospital's update adjustment 
    percentage is at least 10 percent, the excluded hospital market basket 
    percentage increase. Under section 1886(b)(3)(B)(v) of the Act, a 
    hospital's update percentage increase for FY 1996 is the percentage 
    increase by which the hospital's allowable operating costs of inpatient 
    hospital services recognized under this title for the cost reporting 
    period beginning in FY 1990 exceed the hospital's target amount for 
    such cost reporting period, increased for each fiscal year (beginning 
    with FY 1994) by the sum of any of the hospital's applicable reductions 
    for previous years. The applicable reduction with respect to a hospital 
    for FY 1996 is the lesser of 1 percentage point or the percentage point 
    difference between 10 percent and the hospital's update adjustment 
    percentage for FY 1996.
        In accordance with section 1886(d)(3)(A) of the Act, we are 
    updating the standardized amounts, the hospital-specific rates, and the 
    rate-of-increase limits for hospitals excluded for the prospective 
    payment system as provided in section 1886(b)(3)(B) of the Act. Based 
    on the second quarter 1995 forecasted market basket increase of 3.5 
    percent for hospitals subject to the prospective payment system, the 
    updates in the standardized amounts are 1.5 percent for hospitals in 
    both large urban and other areas. The update in the hospital-specific 
    rate applicable to sole community hospitals is 1.5 percent (that is, 
    the market basket rate of increase of 3.5 percent minus 2.0 percentage 
    points). The update for hospitals excluded from the prospective payment 
    system is based on the percentage increase in the excluded hospital 
    market basket (currently estimated at 3.4 percent) minus the applicable 
    reduction factor. The applicable reduction factor is the lesser of 1 
    percentage point or the percentage point difference between 10 percent 
    and the hospital's update adjustment percentage. Therefore, for 
    excluded hospitals, the hospital-specific update can vary between 2.4 
    and 3.4 percent.
        Sections 1886(e) (2)(A) and (3)(A) of the Act require that the 
    Prospective Payment Assessment Commission (ProPAC) recommend to the 
    Congress by March 1 of each year an update factor that takes into 
    account changes in the market basket rate of increase index, hospital 
    productivity, technological and scientific advances, the quality of 
    health care provided in hospitals, and long-term cost effectiveness in 
    the provision of inpatient hospital services.
        Section 1886(e)(4) of the Act requires that the Secretary, taking 
    into consideration the recommendations of ProPAC, recommend update 
    factors for each fiscal year that take into account the amounts 
    necessary for the efficient and effective delivery of medically 
    appropriate and necessary care of high quality. Under section 
    1886(e)(5) of the Act, we published the FY 1996 update factors 
    recommended pursuant to section 1886(e)(4) of the Act as Appendix D of 
    the June 2, 1995 proposed rule (60 FR 29380).
    
    II. Secretary's Final Recommendations for Updating the Prospective 
    Payment System Standardized Amounts
    
        We received several public comments concerning our proposed 
    recommendations. After consideration of the arguments presented, we 
    have decided that our final recommendation will be the same as our 
    proposed recommendation. That is, we are recommending that the 
    standardized amounts be increased by an amount equal to the market 
    basket rate of increase minus 2.0 percentage points for hospitals 
    located in large urban and other areas. We are also recommending an 
    update of the market basket rate of increase minus 2.0 percentage 
    points to the hospital-specific rate for sole community hospitals. 
    These figures are consistent with the President's budget 
    recommendation.
        In recommending these increases, we have followed section 
    1886(e)(4) of the Act, which requires that we take into account the 
    amounts necessary for the efficient and effective delivery of medically 
    appropriate and necessary care of high quality. In addition, as 
    required by section 1886(e)(4) of the Act, we have taken into 
    consideration the recommendations of ProPAC. We believe our analyses, 
    which measure changes in hospital productivity, scientific and 
    technological advances, practice pattern changes, and changes in case 
    mix, support our recommendations.
        Comment: One commenter expressed concern with what appears to be a 
    systematic bias in estimation of the market basket forecast. Because we 
    have overestimated the market basket for 
    
    [[Page 45945]]
    several years, the commenter believes that our model is likely to be 
    incorrect in its parameters or methodology and suggested that we 
    continue to revise the model or change the underlying estimation 
    methodology.
        Response: We agree with the commenter that there has been a pattern 
    of high forecasts over the past few years in the market basket 
    estimation. We have been working with our contractor during the past 
    year to thoroughly review the forecast equations for the hospital input 
    price indexes. This review produced substantial improvements in both 
    the forecast equations and the processes used to forecast. HCFA and its 
    contractor will closely monitor the future forecasts for accuracy. In 
    this final rule, we present input price indexes that are forecasted 
    using the improved forecast equations.
        Comment: We received one comment recommending an adjustment to the 
    market basket for new technologies. The commenter stated that this 
    adjustment would reflect the change in the use of new resources that 
    may increase costs and productivity.
        Response: The hospital market basket is an input price index that 
    measures changes in the prices paid for a fixed set of goods and 
    services. We do not believe an adjustment to the market basket for 
    changes resulting from use of new technology is appropriate. Although 
    we do not adjust the hospital market basket for new technology, the 
    update framework accounts for the role of new technologies in two ways. 
    First, we account for cost-increasing, quality-enhancing new 
    technologies in the intensity component of our update recommendation 
    (which is an add-on to the market basket rate of increase). Second, we 
    account for cost-decreasing new technologies through a productivity 
    adjustment. This adjustment allows for those technologies that permit 
    hospitals to treat their patients at lower cost.
        Comment: We received two comments strongly urging us to consider 
    how hospital-specific wages and benefits are incorporated into the 
    market basket. They suggest increasing the internal hospital wage and 
    benefit shares to 50 percent.
        Response: We responded to a similar comment in detail in the 
    September 4, 1990 final rule (55 FR 36047), when the current hospital 
    market basket was implemented. We prefer to use 100 percent economy-
    wide proxies for those occupations that are generally employed inside 
    and outside hospitals, such as managers, administrators, clerical, and 
    maintenance workers. We believe that the economy-wide rate of increase 
    is the more appropriate measure for these types of employees, since 
    that is the relevant labor market for these employees. In contrast, we 
    use a 50/50 blend of hospital-industry proxies and economy-wide proxies 
    for professional and technical workers. We believe this is appropriate 
    because the group includes workers, such as registered nurses, that are 
    not hired in large numbers in other sectors of the economy.
        Comment: ProPAC's comment stated several concerns about the single 
    intensity adjustment included in HCFA's update framework and believes 
    that each element should be quantified separately.
        Response: We continue to disagree with ProPAC that accounting 
    separately for changes in within-DRG complexity, science and technology 
    changes, and practice patterns would be more accurate. In view of the 
    interactive nature of these elements, we believe it is difficult to 
    measure accurately the effects of each element separately. Instead, we 
    believe that it is more appropriate and accurate to account for all 
    three elements in a single measure. Thus, our intensity measure is 
    designed to encompass the net effect of all three changes. With regard 
    to practice pattern changes, which are also reflected in our intensity 
    adjustment, we do not adjust for changes that have not taken place.
        Comment: ProPAC questioned HCFA's continued use of projected case-
    mix change in the update formula instead of actual case-mix change.
        Response: Our update analysis takes into account changes in case 
    mix adjusted for changes attributable to improved coding practices and 
    DRG reclassification and recalibration. In the past, we used the 
    observed increase in case mix for the most recent year available. For 
    example, we based our FY 1994 update on the observed increase in case 
    mix from FY 1992. Recent data on case-mix change demonstrates that the 
    growth of case-mix severity has slowed.
        The use of projected case mix allows us to take into account 
    emerging trends in case mix more quickly. We note that ProPAC uses an 
    estimate of the total case-mix index in the year prior to the update as 
    part of its update framework. We have decided it is best to use our 
    estimate of what case-mix change will be in the year of the update. 
    This is consistent with the use of the forecasted value of change in 
    the market basket over the coming year.
        Comment: ProPAC believes it is inappropriate to adjust the 
    prospective payment amounts separately for case-mix changes that HCFA 
    attributes to reclassification or recalibration, either through 
    changing the weights or the standardized amounts.
        Response: We believe that it is appropriate to account for case-mix 
    index changes attributed to reclassification or recalibration within 
    the update framework. This adjustment is determined by comparing the 
    average case weight for the actual cases in a given year based on the 
    DRG relative weights for that year with the average case weight for the 
    same cases based on the DRG relative weights for the previous year. 
    Since the same cases are used on both sides of the comparison, the 
    difference in case-mix index reflects the change in aggregate payments 
    attributable solely to the new GROUPER and relative weights.
    
    III. Secretary's Final Recommendation for Updating the Rate-of-
    Increase Limits for Excluded Hospitals and Units
    
        Our final recommendation will be that hospitals and hospital units 
    excluded from the prospective payment system receive an update equal to 
    the percentage increase in the market basket that measures input price 
    increases for services furnished by excluded hospitals minus 1.0 
    percentage point. Thus, given the current estimate of the change in 
    rate of increase in the market basket for excluded hospitals of 3.4 
    percent (compared with an earlier estimate of 3.6 percent used in the 
    proposed rule), our final recommendation is for an update of 2.4 
    percent. We note that the updates for hospitals and units excluded from 
    the prospective payment system as set in Public Law 103-66 is the 
    market basket rate of increase minus 1.0 percentage point, adjusted to 
    account for the relationship between the provider's allowable operating 
    cost per case and its target amount.
        We received the following comments concerning our proposed 
    recommendation on the update factor for excluded hospitals and hospital 
    units.
        Comment: One commenter states that the Secretary provides no 
    explicit framework to support her recommendation beyond what is 
    included in current law. This commenter is concerned about forecasting 
    errors that have resulted in updates that are too high and believes an 
    explicit framework should be used in developing future recommendations. 
    Another commenter recommends that we include an upward adjustment to 
    the market basket rate of increase to account for new technology.
        Response: The update for the prospective payment system for 
    inpatient operating costs adjusts the 
    
    [[Page 45946]]
    market basket for a number of factors including case mix, productivity 
    and intensity. Currently, in the absence of any adjustment for patient 
    severity, there is no mechanism for determining case mix for excluded 
    hospitals and units. Nevertheless, we will examine the feasibility of 
    establishing a framework for an appropriate rate-of-increase limit for 
    services paid on the basis of reasonable costs. Changes in some 
    factors, such as new services or more resources, may be more 
    appropriately accommodated through the exceptions process. As we study 
    developing an update framework for excluded hospitals and units, we 
    will consider an adjustment for technology, if its impact on hospital 
    costs can be accurately measured.
        With regard to forecasting errors, as discussed above, we have been 
    working with our contractor to review and make improvements in hospital 
    input price indices. This review has produced substantial improvements 
    in forecast equations and procedures, and we have implemented these 
    changes in developing the input price indices used in this final rule.
    
    [FR Doc. 95-21541 Filed 8-31-95; 8:45 am]
    BILLING CODE 4120-01-P
    
    

Document Information

Published:
09/01/1995
Department:
Health Care Finance Administration
Entry Type:
Rule
Action:
Final rule with comment period.
Document Number:
95-21541
Pages:
45778-45946 (169 pages)
Docket Numbers:
BPD-825-FC
RINs:
0938-AG95: Medicare Program: Changes to the Inpatient Hospital Prospective Payment Systems and Fiscal Year 1996 Rates (BPD-825-FC)
RIN Links:
https://www.federalregister.gov/regulations/0938-AG95/medicare-program-changes-to-the-inpatient-hospital-prospective-payment-systems-and-fiscal-year-1996-
PDF File:
95-21541.pdf
CFR: (46)
42 CFR 412.23(b)(2)
42 CFR 410.69(b)
42 CFR 413.40(c)(2)
42 CFR 412.308(c)(1)
42 CFR 412.308(c)(4)(ii)
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