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II. Correction of Errors 2. On page 45188, in the 7th column, payments made by CMS to hospice
In FR Doc. 05–15290, published on in the 25th line from the bottom, for the providers will not change. Therefore, we
August 4, 2005 (70 FR 45130), we are county name Pitt, NC, change the wage believe there is sufficient cause to make
making the following corrections: index number ‘‘0.09740’’ to ‘‘0.9740.’’ the corrections retroactive.
3. On page 45190, in the 7th column, (Catalog of Federal Domestic Assistance
Table A—Hospice Wage Index for in the 27th line, for the county name, Program No. 93.773, Medicare—Hospital
Urban Areas by CBSA Crittenden, TN, change the wage index Insurance; and Program No. 93.774,
1. On page 45147, in the fourth number ‘‘0.09785’’ to ‘‘0.9785.’’ Medicare—Supplementary Medical
Insurance Program)
column, in the 4th through 23rd entry, III. Waiver of Proposed Rulemaking
for CBSA code 12060, change the MSA Dated: December 12, 2005.
We ordinarily publish a notice of
code ‘‘520’’ to ‘‘0520’’. proposed rulemaking in the Federal Ann C. Agnew,
2. On page 45148, in the third Register to provide a period for public Executive Secretary to the Department.
column, in lines 37 through 39, for comment before the provisions of a rule [FR Doc. 05–24288 Filed 12–22–05; 8:45 am]
CBSA code 13980, remove the asterisk take effect in accordance with section BILLING CODE 4120–01–P
from the urban area county codes for 553(b) of the Administrative Procedure
‘‘Montgomery, VA; Pulaski, VA; and Act (APA) (5 U.S.C. 553(b)). However,
Radford City, VA.’’ we can waive this notice and comment DEPARTMENT OF HEALTH AND
3. On page 45149, in the first column, procedure if the Secretary finds that the HUMAN SERVICES
in the 10th entry, for CBSA code 6580, notice and comment process is
change the CBSA code ‘‘6580’’ to impracticable, unnecessary, or contrary Centers for Medicare & Medicaid
‘‘16580.’’ to the public interest, and incorporates Services
4. On page 45150— a statement of the finding and the
A. In the fourth column, in the 15th reasons therefore in the notice. 42 CFR Parts 419 and 485
entry, for CBSA code 17140, wage index The revisions contained in this rule [CMS–1501–CN2]
0.9207, urban area county code for correct formatting and typographical
Bracken, KY*, change the MSA code errors in various sections of Table A and RIN 0938–AN46
‘‘14’’ to ‘‘18.’’ Table C of the addendum. These
B. In the third column, in the 15th Medicare Program; Changes to the
corrections are necessary to ensure that
entry from the bottom, for CBSA code Hospital Outpatient Prospective
the final rule accurately reflects the
17980, change the urban area county Payment System and Calendar Year
correct hospice wage index values.
‘‘Russell, AL,’’ to ‘‘Russell, AL*.’’ 2006 Payment Rates; Correction
Since they are not substantive, but
5. On page 45153— merely technical, we find that public AGENCY: Centers for Medicare &
A. In the fourth column, in the first comments on these revisions are both Medicaid Services (CMS), HHS.
entry, for CBSA code 22744, change the unnecessary and impracticable. ACTION: Correction of final rule with
MSA code ‘‘2860’’ to ‘‘2680.’’ Therefore, we find good cause to waive comment period.
B. In the third column, for CBSA code notice and comment procedures.
23540 as previously corrected on In addition, the Administrative SUMMARY: This document corrects
September 30, 2005 (70 FR 57176) Procedure Act (APA) normally requires technical errors that appeared in the
change the wage index number for a 30-day delay in the effective date of final rule with comment period
Alachua, FL* from ‘‘0.9642’’ to ‘‘1.0033’’ a final rule. Since this notice simply published in the Federal Register on
and the wage index number for makes technical modifications to a final November 10, 2005 entitled ‘‘Changes to
‘‘Gilchrist, FL* from ‘‘1.0033’’ to rule that has previously gone through the Hospital Outpatient Prospective
‘‘0.9642.’’ notice-and-comment rulemaking and Payment System and Calendar Year
C. In the second column, for CBSA the corrections are only to formatting 2006 Payment Rates; Final Rule.’’
code 24660, for urban area county code errors, we believe good cause also exists EFFECTIVE DATE: January 1, 2006.
Randolph, NC*, remove the wage index under the APA to waive the 30-day FOR FURTHER INFORMATION CONTACT:
number ‘‘0.9382’’ and add the wage delay in the effective date. Rebecca Kane, (410) 786–0378.
index number ‘‘0.9382’’ to the urban Section 1871(e)(1)(A) of the Act, as SUPPLEMENTARY INFORMATION:
area county code ‘‘Rockingham, NC*.’’ amended by section 903(a) of Pub .L.
6. On page 45160 as corrected on 108–173, provides that a substantive I. Background
September 30, 2005 (70 FR 57176) in the change in regulations shall not be In FR Doc. 05–22136 (70 FR 68515),
second column— applied retroactively to items and we have identified a number of
A. In the second entry from the services furnished before the effective technical errors that we have described
bottom, for the CBSA code 38540, date of the change, unless the Secretary in the ‘‘Summary of Errors’’ section and
change the wage index number for finds that such retroactive application is corrected in the ‘‘Correction of Errors’’
‘‘Bannock, ID*’’ from ‘‘0.9773’’ to necessary to comply with statutory section below. The provisions in this
‘‘1.0183.’’ requirements or failure to apply the correction notice are effective as if they
B. In the first entry from the bottom, change retroactively would be contrary had been included in the CY 2006 final
for the CBSA code 38540, change the to the public interest. Although this rule with comment period. Accordingly,
wage index number for ‘‘Power, ID*’’ correction notice is retroactive, it makes the corrections are effective January 1,
from ‘‘1.0183’’ to ‘‘0.9773.’’ no substantive changes, but only 2006.
corrects minor technical errors. Failure
Table C—Blended Hospice Wage Index to make these changes retroactive to II. Summary of Errors
Codes for Selected Areas
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technical and typographical errors that III. Waiver of Proposed Rulemaking IV. Correction of Errors
we are correcting in section III of this and Delay in Effective Date In FR Doc. 05–22136 (70 FR 68515),
notice. make the following corrections:
We ordinarily publish a notice of
A. Correction of Technical Errors proposed rulemaking in the Federal A. Corrections to Preamble Text
Register to provide a period for public
We are correcting the following 1. On page 68516, in column 3, in the
comment before the provisions of a
technical errors that were included in second full paragraph, line 3, the term
notice such as this takes effect in
the CY 2006 OPPS final rule with ‘‘OPPA’’ is corrected to read ‘‘OPPS.’’
accordance with section 553(b) of the 2. On page 68517, in column 1, in the
comment period affecting drug
Administrative Procedure Act (APA) (5 15th paragraph, line 1, the phrase ‘‘(Cost
administration code C8596, estimated
U.S.C. 553(b)). We also ordinarily center specific)’’ is removed.
expenditures, regulation text, hospital
provide a 30-day delay in the effective 3. On page 68518, in column 1, in the
coding for sodium hyaluronate
date of the provisions of a notice in 11th paragraph, line 2, the phrase
products, and Addendum L.
accordance with section 553(d) of the ‘‘and0651’’ is corrected to read ‘‘and
On page 68680, we neglected to APA (5 U.S.C. 553(d)). However, we can 0651.’’
remove the first row, referencing HCPCS waive both the notice and comment 4. On page 68537,
code C8956, from Table 31 and the procedure and the 30-day delay in a. In column 3, in the first full
accompanying discussion regarding effective date if the Secretary finds, for paragraph, lines 5 to 6, the phrase ‘‘of
C8956 from the response to the good cause, that it is impracticable, the proposed rule (76 FR 42690)’’ is
comment included in the third column, unnecessary or contrary to the public removed.
third paragraph. We are correcting these interest, and incorporates a statement of b. In column 3, in the first full
errors in this notice. the finding and the reasons therefore in paragraph, line 6, the word ‘‘contained’’
On page 68726, we referred to the the notice. is corrected to read ‘‘contains.’’
transfer from the Federal government to The policies and payment 5. On page 68549,
Medicare providers in billions rather methodology finalized in the CY 2006 a. In column 2, in the first full
than millions in the accounting table. OPPS final rule with comment period paragraph, line 7, the amount ‘‘$246.04’’
We are correcting the error in this have previously been subjected to notice is corrected to read ‘‘$245.91.’’
notice. and comment procedures. This b. In column 2, in the first full
On page 68728, we omitted a correction notice merely provides paragraph, line 8, the amount ‘‘$49.21’’
reference to pass-through devices in the technical corrections to the CY 2006 is corrected to read ‘‘$49.18.’’
OPPS final rule with comment period 6. On page 68551, in column 3; in the
regulation text as stated in the preamble
that was promulgated through notice second full paragraph, line 12, the term
text at 68559. We correct this omission
and comment rulemaking, and does not ‘‘TEFRA’’ is removed.
in this notice.
make substantive changes to the policies 7. On page 68552,
On page 68643 and in Addendum B a. In column 1, in the second partial
we erroneously referred to the creation or payment methodology that were
finalized in the final rule with comment paragraph, line 32, the term ‘‘TEFRA’’ is
of a code by the National HCPCS Panel, removed.
specifically the creation of HCPCS code period. For example, this notice corrects
typographical errors, makes b. In column 2, in the first partial
J7318. This was incorrect as this code paragraph carried over from column 1,
was not created by the National HCPCS clarifications to the preamble and
regulations text, and revises inaccurate line 14, the term ‘‘TEFRA’’ is removed.
Panel. Our error was discovered after c. In column 2, in the first partial
publication, and we are taking this tabular data. Therefore, we find it
unnecessary to undertake further notice paragraph carried over from column 1,
opportunity to revise Addendum B to line 15, the line is corrected by inserting
reflect the CY 2006 payment for Sodium and comment procedures with respect
the phrase ‘‘paid under the OPPS but
Hyaluronate products using HCPCS to this correction notice. We also believe
not under the IPPS’’ between the words
codes J7317 and J7320, as originally it is in the public interest to waive
‘‘hospitals’’ and ‘‘will.’’
included in the CY 2006 OPPS proposed notice and comment procedures and the
d. In column 3, in the first partial
rule. 30-day delay in effective date for this
paragraph carried over from column 2,
notice. This correction notice is
On pages 68752–68913 we published line 3, the term ‘‘TEFRA’’ is removed.
intended to ensure that the CY 2006
Addendum B—Payment Status by e. In column 3 in the first partial
OPPS final rule with comment period
HCPCS Code and Related Information— paragraph carried over from column 2,
accurately reflects the policies
CY 2006. We excluded several codes line 5, the term ‘‘TEFRA’’ is corrected to
expressed in the final rule, and that the
from this table. In section III of this read ‘‘these.’’
corrected information is made available f. In column 3, in the first partial
correction notice we correct this error to the public prior to January 1, 2006,
by publishing the omitted codes. paragraph carried over from column 2,
the date on which the final rule line 10, the term ‘‘TEFRA’’ is corrected
On pages 68964 through 68980, we becomes effective. to read ‘‘these.’’
published Addendum L—Out-Migration For the reasons stated above, we find g. In column 3, in the first partial
Wage Adjustment CY 2006. We that both notice and comment and the paragraph carried over from column 2,
excluded several providers from this 30-day delay in effective date for this line 17, the term ‘‘TEFRA’’ is removed.
table. In Section III of this correction correction notice are unnecessary and h. In column 3, in the first partial
notice, we republish Addendum L. that it is in the public interest to make paragraph carried over from column 2,
B. Other Corrections this notice effective in conjunction with line 18, the line is corrected by inserting
erjones on PROD1PC68 with RULES
the final rule to which the corrections the phrase term ‘‘not paid under the
We are also correcting typographical, apply. Therefore, we find there is good IPPS’’ between the words ‘‘hospitals’’
formatting, and other technical errors cause to waive notice and comment and ‘‘that’’.
that were contained in the CY 2006 procedures and the 30-day delay in 8. On page 68556, in column 2, in the
OPPS final rule with comment period. effective date for this correction notice. second full paragraph, in line 20, the
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76178 Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Rules and Regulations
sentence is corrected by adding the of the page, line 6, the number ‘‘31’’ is 6. On page 68749, APC 7316 is added
following bolded text ‘‘payments, corrected to read ‘‘30.’’ as follows:
brachytherapy seeds, and any service’’. 19. On page 68680, a. Column 2 reads ‘‘Sodium
9. On page 68559, a. In column 3, in the third paragraph, hyaluronate injection,’’
a. In column 1, below the table line 3, the term ‘‘codes’’ is corrected to b. Column 3 reads ‘‘K,’’
footnotes, line 14, following read ‘‘code.’’ c. Column 4 is blank,
‘‘biologicals’’ the word ‘‘and’’ is b. In column 3, in the third paragraph, d. Column 5 reads ‘‘$106.70,’’
removed. lines 3 through 8, the sentence is e. Column 6 is blank,
b. In column 1, below the table corrected by removing the phrase f. Column 7 reads ‘‘$21.34.’’
footnotes, line 16 is corrected adding, ‘‘, ‘‘C8956 (Refilling and maintenance of 7. On page 68750,
and brachytherapy seeds.’’ after portable or implantable pump or a. For APC 9119, row 19, column 2,
‘‘payment policy’’. reservoir for drug delivery for therapy/ ‘‘Pentastarch 10% solution’’ is corrected
10. On page 68561, diagnosis, systemic (e.g., intravenous, to read ‘‘Injection, pegfilgrastim 6mg.’’
a. In column 1, line 7, add a ‘‘,’’ after intra-arterial)) and.’’ b. For APC 9126, row 25, column 2,
term ‘‘rural hospitals’’. c. In Table 31, the table is corrected ‘‘Injection, Natalizumab, 1mg’’ is
b. In column 1, in the last partial by removing row 1. corrected to read ‘‘Natalizumab
paragraph, line 7, remove the word 20. On page 68717, in column 1, first injection.’’
‘‘because’’ and add ‘‘as’’ in its place. partial paragraph continued from the 8. On page 68751, for APC 9164, row
c. In column 2, in the first partial previous page, line 24, the line is 7, column 2, ‘‘Inj Gad-base MR contrast,
paragraph carried over from column 1, corrected by inserting the phrase ml’’ is corrected to read ‘‘Inj Gad-base
line 11, ‘‘2 percent’’ is corrected to read ‘‘brachytherapy seeds,’’ after the word MR contrast, 1ml.’’
‘‘¥2 percent’’. ‘‘* * * biologicals,’’.
11. On page 68565, column 1, in the 21. On page 68719, in column 1, the C. Corrections to Addendum B
fifth full paragraph, line 5, ‘‘2005’’ is third partial paragraph, line 9, the 1. On page 68876,
corrected to read ‘‘2006’’. sentence is corrected by inserting the a. For HCPCS code 95965, row 9,
12. On page 68578, column 1, in the phrase ‘‘at least’’ between the word ‘‘of’’ i. In column 4, ‘‘T’’ is corrected to
last partial paragraph, line 2, the and the number ‘‘0.2.’’ read ‘‘S,’’
number ‘‘0042’’ is corrected to read 22. On page 68720, in column 3, in ii. In column 5, ‘‘0430’’ is corrected to
‘‘0429.’’ the second full paragraph, line 30, the read ‘‘1523,’’
13. On page 68596, column 2, in the number ‘‘3.2’’ is corrected to read ‘‘3.0.’’ iii. In column 6, ‘‘10.8452’’ is
first full paragraph, 23. On page 68726, in table 41, in removed,
a. Line 8, the amount ‘‘$2,662.62’’ is column 2, row 2, ‘‘$660 Billion.’’ is iv. In column 7, ‘‘$645.41’’ is
corrected to read ‘‘$2,709.14.’’ corrected to read ‘‘$660 Million.’’ corrected to read ‘‘$2,750.00,’’
b. Line 12, the amount ‘‘$2,975.50’’ is
v. In column 9, ‘‘$129.08’’ is corrected
corrected to read ‘‘$3,051.67.’’ § 419.43 [Amended]
14. On page 68606, in column 1, in to read ‘‘$550.00.’’
■ 24. On page 68728, b. For HCPCS code 95966, row 10,
the first full paragraph, line 10, the ■ a. In column 1, in the first partial
number ‘‘0442’’ is corrected to read i. In column 4, ‘‘T’’ is corrected to
paragraph carried over from page 68727, read ‘‘S,’’
‘‘0422.’’ line 1, the phrase ‘‘APC and devices of’’
15. On page 68628, ii. In column 5, ‘‘0430’’ is corrected to
is corrected to read ‘‘APC, devices of.’’ read ‘‘1514,’’
a. In column 2, in the first partial ■ b. In column 1, in the first partial
paragraph carried over from column 1, iii. In column 6, ‘‘10.8452’’ is deleted,
paragraph carried over from page 68727, iv. In column 7, ‘‘$645.41’’ is
line 5, the word ‘‘where’’ is corrected to line 3, the sentence is corrected by
read ‘‘when.’’ corrected to read ‘‘$1,250.00,’’
inserting the phrase, ‘‘, and devices paid v. In column 9, ‘‘$129.08’’ is corrected
b. In column 2, in the third full
under § 419.66’’ after the phrase to read ‘‘$250.00.’’
paragraph, line 17, the phrase
‘‘(including a radioactive source).’’ c. For HCPCS code 95967, row 11,
‘‘November 13, 2000 final rule’’ is
corrected to read ‘‘November 13, 2000 B. Corrections to Addendum A i. In column 4, ‘‘T’’ is corrected to
interim final rule with comment read ‘‘S,’’
1. On page 68736, for APC 0339, row ii. In column 5, ‘‘0430’’ is corrected to
period.’’ 22, column 3, ‘‘Q’’ is corrected to read
16. On page 68630, read ‘‘1510,’’
‘‘S.’’ iii. In column 6, ‘‘10.8452’’ is deleted,
a. In column 1, in the first partial 2. On page 68738, for APC 0430, row
paragraph carried over from page 68629, iv. In column 7, ‘‘$645.41’’ is
27, is removed. corrected to read ‘‘$850.00,’’
line 4, the date ‘‘August 3’’ is corrected 3. On page 68743, for APC 1491, row
to read ‘‘November 13.’’ v. In column 9, ‘‘$129.06’’ is corrected
23, column 6, ‘‘$2.00’’ is removed. to read ‘‘$170.00.’’
b. In column 2, in the first full 4. On page 68746, APC 1611 is added
paragraph, line 13, the date ‘‘August 3’’ 2. On page 68880,
in numerical order as follows: a. For HCPCS code 0001F, row 1,
is corrected to read ‘‘November 13.’’ a. Column 2 reads ‘‘Hylan G–F 20
c. In column 2, in the first full column 4, ‘‘D’’ is corrected to read ‘‘E.’’
injection,’’
paragraph, line 13, the line is corrected b. Column 3 reads ‘‘K,’’ b. For HCPCS code 0005F, row 7,
by inserting ‘‘with comment period’’ at c. Column 4 is blank, column 4, ‘‘D’’ is corrected to read ‘‘E.’’
the end of the sentence. d. Column 5 reads ‘‘$199.09,’’ 3. On page 68888, for HCPCS code
d. In column 2, in the first full e. Column 6 is blank, C8956, row 14,
paragraph, line 33, the date ‘‘August 3’’ f. Column 7 reads ‘‘$39.82.’’ a. In column 4, ‘‘T’’ is corrected to
is corrected to read ‘‘November 13.’’ 5. On page 68748, read ‘‘D,’’
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17. On page 68637, in Table 22, the a. APC 1706, row 18, is removed. b. In column 5, ‘‘0125’’ is removed,
footnote is removed from the column b. For APC 1713, row 25, column 2, c. In column 6, ‘‘1.9021’’ is removed,
one heading. ‘‘Inj Fe-based MR contrast, ml’’ is d. In column 7, ‘‘$113.20’’ is removed,
18. On page 68679, in column 1; in corrected to read ‘‘Inj Fe-base MR e. In column 9, ‘‘$22.64’’ is removed.
the first partial paragraph at the bottom contrast, 1m1.’’ 4. On page 68895,
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a. For HCPCS code G0375, row 36, i. ‘‘D’’ is corrected to read ‘‘K,’’ a. For HCPCS code Q4079, row 15,
column 8, ‘‘$2.00’’ is removed. ii. In column 5, ‘‘7316’’ is added, column 2, ‘‘Injection, Natalizumab, 1
b. For HCPCS code G0376, row 37, iii. In column 7, ‘‘$106.70’’ is added, MG’’ is corrected to read ‘‘Natalizumab
column 8, ‘‘$2.00’’ is removed. iv. In column 9, ‘‘$21.34’’ is added. injection.’’
5. On page 68901, b. For HCPCS code J7318, row 13, b. For HCPCS code Q9946, row 21,
a. For HCPCS code J2505, row 20, i. In column 4, ‘‘K’’ is corrected to column 2, ‘‘LOCM <=149 mg/ml iodine,
column 2, ‘‘Pentastarch 10% solution’’ read ‘‘D,’’ 1ml’’ is corrected to read ‘‘LOCM 150–
is corrected to read ‘‘Injection, ii. In column 5, ‘‘1706’’ is removed, 199 mg/ml iodine, 1ml.’’
pegfilgrastim 6mg.’’ iii. In column 7, ‘‘$7.20’’ is removed, c. For HCPCS code Q9952, row 27,
b. For HCPCS code J2510, row 21, iv. In column 9, ‘‘$1.44’’ is removed, column 2, ‘‘Inj Gad-base MR contrast,
column 2, ‘‘Sincalide injection’’ is c. For HCPCS code J7320, row 14, ml’’ is corrected to read ‘‘Inj Gad-base
corrected to read ‘‘Penicillin g procaine i. In column 4, ‘‘D’’ is corrected to MR contrast, 1ml.’’
inj.’’ read ‘‘K,’’ d. For HCPCS code Q9953, row 28,
6. On page 68902, for HCPCS code ii. In column 5, ‘‘1611’’ is added, column 2, ‘‘Inj Fe-based MR contrast,
J3070, row 26, column 2, ‘‘Pentazocine iii. In column 7, ‘‘$199.09’’ is added, ml’’ is corrected to read ‘‘Inj Fe-based
hcl injection’’ is corrected to read iv. In column 9, ‘‘$39.82’’ is added. MR contrast, 1ml.’’
‘‘Pentazocine injection.’’ 8. On page 68907, for HCPCS code 10. The following HCPCS codes were
7. On page 68904, K0105, row 8, column 4, ‘‘D’’ is inadvertently omitted from the
a. For HCPCS code J7317, row 12, corrected to read ‘‘Y.’’ Addendum B. We correct this error by
column 4, 9. On page 68912, listing the omitted codes below.
National Minimum
Relative Payment
HCPCS/CPT Short descriptor CI SI APC unadjusted unadjusted
weight rate copayment copayment
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National Minimum
Relative Payment
HCPCS/CPT Short descriptor CI SI APC unadjusted unadjusted
weight rate copayment copayment
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National Minimum
Relative Payment
HCPCS/CPT Short descriptor CI SI APC unadjusted unadjusted
weight rate copayment copayment
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National Minimum
Relative Payment
HCPCS/CPT Short descriptor CI SI APC unadjusted unadjusted
weight rate copayment copayment
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National Minimum
Relative Payment
HCPCS/CPT Short descriptor CI SI APC unadjusted unadjusted
weight rate copayment copayment
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76184 Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Rules and Regulations
National Minimum
Relative Payment
HCPCS/CPT Short descriptor CI SI APC unadjusted unadjusted
weight rate copayment copayment
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National Minimum
Relative Payment
HCPCS/CPT Short descriptor CI SI APC unadjusted unadjusted
weight rate copayment copayment
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