Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60399

active and ongoing programs to evaluate 

and modify their clinical practice 

patterns in order to control costs and 

ensure the quality of services provided, 

and the arrangement must create a high 

degree of interdependence and 

cooperation among participants. As 

with qualified risk-sharing 

arrangements, any agreement 

concerning price or other terms of 

dealing must be reasonably necessary to 

achieve the efficiency goals of the joint 

arrangement. 

Also, because the Order is intended to 

reach agreements among horizontal 

competitors, Paragraph II would not bar 

agreements that only involve health care 

providers who are part of the same 

medical group practice (defined in 

Paragraph I.E). 

Paragraph III, for a period of three 

years, bars Dacite and Mr. Laurenza 

from negotiating with any payor on 

behalf of White Sands, Alamogordo 

Physicians, or any White Sands or 

Alamogordo Physicians member; and 

from advising any White Sands or 

Alamogordo Physicians member to 

accept or reject any term, condition, or 

requirement of dealing with any payor. 

This temporary ‘‘fencing-in’’ relief is 

included to ensure that the alleged 

unlawful conduct by these respondents 

does not continue. 

Paragraph IV, for a period of three 

years, requires respondents to notify the 

Commission before entering into any 

arrangement to act as a messenger, or as 

an agent on behalf of any health care 

providers, with payors regarding 

contracts. Paragraph IV sets out the 

information necessary to make the 

notification complete. 

Paragraph V, which applies only to 

White Sands, requires White Sands to 

distribute the Complaint and Order to 

all health care providers who have 

participated in White Sands, and to 

payors that negotiated contracts with 

White Sands or indicated an interest in 

contracting with White Sands. 

Paragraph V.B requires White Sands, at 

any payor’s request and without 

penalty, or within one year after the 

Order is made final, to terminate its 

current contracts. Paragraph V.C 

requires White Sands to distribute payor 

requests for contract termination to all 

health care providers who participate in 

White Sands, and, in the event that 

White Sands fails to comply with the 

requirements of Paragraph V due to 

dissolution or cessation of business, 

Alamogordo Physicians is required to 

do so. 

Paragraph VI requires Alamogordo 

Physicians to notify the Commission of 

any change in Alamogordo Physicians 

that may affect its compliance with the 

Order, such as dissolution. In the event 

that White Sands or Alamagordo 

Physicians fails to comply with the 

requirements of Paragraph V, or 

Alamogordo Physicians fails to comply 

with Paragraph VI, Paragraph VII would 

require Mr. Laurenza to do so. 

Paragraph VIII generally requires 

Dacite to distribute the Complaint and 

Order to health care providers who have 

participated in any group that has been 

represented by Dacite since January 1, 

2003, and to each payor with which 

Dactite has dealt since January 1, 2003, 

for the purpose of contracting. In the 

event that Dacite fails to comply with 

the requirements of Paragraph VIII, 

Paragraph IX would require Mr. 

Laurenza to do so. 

Paragraphs V.E, V.F, VIII.C, VIII.D, X, 

and XI of the proposed Order impose 

various obligations on respondents to 

report or provide access to information 

to the Commission to facilitate 

monitoring respondents’ compliance 

with the Order. 

The proposed Order will expire in 20 

years.

By direction of the Commission. 

Donald S. Clark, 

Secretary.

[FR Doc. 04–22699 Filed 10–7–04; 8:45 am] 

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DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Meeting of the Presidential Advisory 

Council on HIV/AIDS

AGENCY: Department of Health and 

Human Services, Office of the Secretary.

ACTION: Notice of meeting.

SUMMARY: As stipulated by the Federal 

Advisory Committee Act, the 

Department of Health. and Human 

Services (DHHS) is hereby giving notice 

that the Presidential Advisory Council 

on HIV/AIDS (PACHA) will hold a 

meeting. This meeting is open to the 

public. A description of the Council’s 

functions is included also with this 

notice. 

Date and Time: November 9, 2004, 

8:30 a.m. to 5 p.m., and November 10, 

2004, 8:30 a.m. to 4 p.m.

ADDRESSES: Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201. Conference 

Room 800.

FOR FURTHER INFORMATION, CONTACT:

Joseph Grogan, Esq., Executive Director, 

Presidential Advisory Council on HIV/

AIDS, Department of Health and Human 

Services, Hubert H. Humphrey Building, 

200 Independence Avenue, SW., Room 

736E, Washington, DC 20201; or visit 

the Council’s Web site at http://

www.pacha.gov.

SUPPLEMENTARY INFORMATION: PACHA 

was established by Executive Order 

12963, dated June 14, 1995, as amended 

by Executive Order 13009, dated June 

14, 1996. PACHA was established to 

provide advice, information, and 

recommendations to the President 

regarding programs and policies 

intended to (a) promote effective 

prevention of HIV disease, (b) advance 

research on HIV and AIDS, and (c) 

promote quality services to persons 

living with HIV disease and AIDS. 

PACHA was established to serve solely 

as an advisory body to the President and 

the Secretary of Health and Human 

Services. PACHA is composed of not 

more than 35 members. PACHA 

membership is determined by the 

Secretary from individuals who are 

considered authorities with particular 

expertise in, or knowledge of, matters 

concerning HIV/AIDS. 

The agenda for this meeting includes 

the following topics: HIV/AIDS 

prevention, care and treatment, and 

global HIV/AIDS issues. Time will be 

allotted during the meeting for public 

comment. 

Public attendance is limited to space 

available and pre-registration is required 

for both attendance and public 

comment. Any individual who wishes 

to attend and/or comment must call 

(202) 690–5560 to register. Individuals 

must provide a government issued 

photo ID for entry into the meeting. 

Individuals who need special 

assistance, such as sign language 

interpretation or other reasonable 

accommodations, should notify the 

registrar. 

Members of the public will have the 

opportunity to provide comments at the 

meeting. Public comment will be 

limited to three (3) minutes per speaker 

and to time available. Written 

testimony, not exceed five (5) pages, 

will be accepted by mail or facsimile at 

(202) 690–7560. Written testimony will 

not be accepted after 5 p.m., 

Wednesday, November 3, 2004.

Dated: September 27, 2004. 

Joseph Grogan, 

Executive Director, Presidential Advisory 

Council on HIV/AIDS.

[FR Doc. 04–22626 Filed 10–7–04; 8:45 am] 

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