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<strong>CMS</strong>-1403-FC<br />

threshold, and hence also a major rule under the<br />

Congressional Review Act. Accordingly, we have prepared a<br />

RIA that to the best of our ability presents the costs and<br />

benefits of the rulemaking.<br />

The RFA requires agencies to analyze options for<br />

regulatory relief of small businesses and other small<br />

entities, if a rule <strong>has</strong> a significant impact on a<br />

substantial number of small entities. For purposes of the<br />

RFA, we estimate that most hospitals and most other<br />

providers are small entities as that term is used in the<br />

RFA (including small businesses, nonprofit organizations,<br />

and small governmental jurisdictions). Most hospitals and<br />

most other providers and suppliers are small entities,<br />

either by nonprofit status or by having revenues of<br />

$7 million to $34.5 million in any 1 year (For further<br />

information, see the Small Business Administration’s<br />

regulation at 70 FR 72577, December 6, 2005.) Individuals<br />

and States are not included in the definition of a small<br />

entity. The RFA requires that we analyze regulatory<br />

options for small businesses and other entities. We<br />

prepare a regulatory flexibility analysis unless we certify<br />

that a rule would not have a significant economic impact on<br />

a substantial number of small entities. The analysis must<br />

include a justification concerning the reason action is<br />

1031

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