Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 78707 

may serve after the expiration of the 

member’s term until a successor takes 

office. Any interested person may 

nominate one or more qualified persons. 

Self-nominations are also accepted. 

The current Secretary’s Charter for the 

MEDCAC is available on the CMS Web 

site at: http://www.cms.hhs.gov/FACA/ 

Downloads/medcaccharter.pdf, or you 

may obtain a copy of the charter by 

submitting a request to the contact listed 

in the FOR FURTHER INFORMATION

CONTACT section of this notice. 

Authority: 5 U.S.C. App. 2, section 

10(a)(1) and (a)(2). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program.) 

Dated: December 13, 2010. 

Barry M. Straube, 

CMS Chief Medical Officer, Director, Office 

of Clinical Standards and Quality, Centers 

for Medicare & Medicaid Services. 

[FR Doc. 2010–31642 Filed 12–15–10; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1573–N] 

Medicare Program; First Semi-Annual 

Meeting of the Advisory Panel on 

Ambulatory Payment Classification 

Groups—February 28, 2011 Through 

March 2, 2011 

AGENCY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services. 

ACTION: Notice. 

SUMMARY: This notice announces the 

first semi-annual meeting of the 

Advisory Panel on Ambulatory Payment 

Classification (APC) Groups (the Panel) 

for 2011. The purpose of the Panel is to 

review the APC groups and their 

associated weights and to advise the 

Secretary of the Department of Health 

and Human Services (DHHS) (the 

Secretary) and the Administrator of the 

Centers for Medicare & Medicaid 

Services (CMS) (the Administrator) 

concerning the clinical integrity of the 

APC groups and their associated 

weights established under the Medicare 

hospital Outpatient Prospective 

Payment System (OPPS). We will 

consider the Panel’s advice as we 

prepare the proposed rule to update the 

Medicare hospital Outpatient 

Prospective Payment System (OPPS) for 

CY 2012. 

DATES: Meeting Dates: We are 

scheduling the first semi-annual 

meeting in 2011 for the following dates 

and times: 

• Monday, February 28, 2011, 1 p.m. to 

5 p.m. eastern standard time (e.s.t.) 

• Tuesday, March 1, 2011, 8 a.m. to 5 

p.m. (e.s.t.) 

• Wednesday, March 2, 2011, 8 a.m. to 

12 Noon (e.s.t.) 

Note 1: The times listed in this notice are 

approximate times; consequently, the 

meetings may last longer than listed in this 

notice, but it will not begin before the posted 

times. 

Note 2: If the Panel’s business concludes 

by COB on Tuesday (3/1/2011), there will be 

no meeting on Wednesday (3/2/2011). 

Deadlines 

Deadline for Hardcopy Comments 

(including the comment in 

electronic format)/Suggested 

Agenda Topics— 

5 p.m. (e.s.t.), Monday, February 7, 

2011. 

Deadline for Hardcopy Presentations, 

including the required electronic 

documents as discussed below— 

5 p.m. (e.s.t.), Monday, February 7, 

2011. 

Deadline for Attendance Registration— 

5 p.m. (e.s.t.), Wednesday, February 

23, 2011. 

Deadline for Special 

Accommodations— 

5 p.m. (e.s.t.), Wednesday, February 

23, 2011. 

Submission of Materials to the 

Designated Federal Officer (DFO) 

Because of staffing and resource 

limitations, we cannot accept written 

comments and presentations by FAX, 

nor can we print written comments and 

presentations received electronically for 

dissemination at the meeting. 

Only hardcopy comments and 

presentations can be reproduced for 

public dissemination. All hardcopy 

presentations must be accompanied by 

Form CMS–20017 (revised 01/07). The 

form is now available through the CMS 

Forms Web site. The Uniform Resource 

Locator (URL) for linking to this form is 

as follows: http://www.cms.hhs.gov/

cmsforms/downloads/cms20017.pdf. 

Presenters must use the most recent 

copy of CMS–20017 (updated 01/07) at 

the above URL. Additionally, presenters 

must clearly explain the action(s) that 

they are requesting CMS to take in the 

appropriate section of the form. They 

must also clarify their relationship to 

the organization that they represent in 

the presentation. 

(Note: Issues that are vague, or that are 

outside the scope of the APC Panel’s 

purpose, will not be considered for 

presentations and comments. There will 

be no exceptions to this rule. We 

appreciate your cooperation on this 

matter.) 

We are also requiring electronic 

versions of the written comments and 

presentations, in addition to the 

hardcopies. 

In summary, presenters and/or 

commenters must do the following: 

• Send both electronic and hardcopy 

versions of their presentations and 

written comments by the prescribed 

deadlines. 

• Send electronic transmissions to the 

e-mail address below. 

• Do not send pictures of patients in 

any of the documents unless their faces 

have been blocked out. 

• Do not send documents 

electronically that have been archived. 

• Mail (or send by courier) to the DFO 

all hardcopies, accompanied by Form 

CMS–20017 (revised 01/07), if they are 

presenting, as specified in the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

• Commenters are not required to 

send Form CMS–20017 with their 

written comments. 

ADDRESSES: The meeting will be held in 

the Auditorium, CMS Central Office, 

7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 

FOR FURTHER INFORMATION CONTACT: 

Shirl Ackerman-Ross, DFO, CMS, CM, 

HAPG, DOC, 7500 Security Boulevard, 

Mail Stop C4–05–17, Baltimore, MD 

21244–1850. Phone: (410) 786–4474. 

E-mail: SAckermanross@cms.hhs.gov. 

(Note:) We recommend that you advise 

couriers of the following information: 

When delivering hardcopies of 

presentations to CMS, if no one answers 

at the above phone number, call (410) 

786–4532 or (410) 786–9316.) 

The e-mail address for comments, 

presentations, and registration requests 

is CMS APCPanel@cms.hhs.gov. 

(Note: There is NO underscore in this email address; there is a SPACE between 

CMS and APCPanel.) 

News media representatives must 

contact our Public Affairs Office at (202) 

690–6145. 

Advisory Committees’ Information 

Lines: The phone numbers for the CMS 

Federal Advisory Committee Hotline are 

1–877–449–5659 (toll free) and (410) 

786–9379 (local). 

Web Sites: Access the CMS Web site 

at: http://www.cms.hhs.gov/FACA/05_

AdvisoryPanelonAmbulatoryPayment

ClassificationGroups.asp#TopOfPage to 

obtain the following information: 

(Note: There is an UNDERSCORE after 

FACA/05(like this_); there is no space.) 


srobinson on DSKHWCL6B1PROD with NOTICES
78708 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 

• Additional information on the APC 

meeting agenda topics. 

• Updates to the Panel’s activities. 

• Copies of the current Charter. 

• Membership requirements. 

You may also search information 

about the APC Panel and its 

membership in the FACA database at 

the following URL: https:// 

www.fido.gov/facadatabase/public.asp. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Secretary is required by section 

1833(t)(9)(A) of the Social Security Act 

(the Act) to consult with an expert, 

outside advisory panel on the clinical 

integrity of the Ambulatory Payment 

Classification (APC) groups and their 

associated weights established under 

the Medicare hospital OPPS. 

The APC Panel meets up to three 

times annually. The Charter requires 

that the Panel must be fairly balanced in 

its membership in terms of the points of 

view represented and the functions to 

be performed. The Panel consists of up 

to 15 members who are representatives 

of providers and a Chair. 

Each Panel member must be 

employed full-time by a hospital, 

hospital system, or other Medicare 

provider subject to payment under the 

OPPS. The Secretary or Administrator 

selects the Panel membership based 

upon either self-nominations or 

nominations submitted by Medicare 

providers and other interested 

organizations. 

All members must have technical 

expertise to enable them to participate 

fully in the Panel’s work. Such expertise 

encompasses hospital payment systems; 

hospital medical care delivery systems; 

provider billing and accounting 

systems; APC groups; Current 

Procedural Terminology codes; Health 

Care Common Procedure Coding System 

(HCPCS) codes; the use of, and payment 

for, drugs, medical devices, and other 

services in the outpatient setting; and 

other forms of relevant expertise. Details 

regarding membership requirements for 

the APC Panel are found on the FACA 

and CMS Web sites as listed above. 

The Panel presently consists of the 

following members: 

• E. L. Hambrick, M.D., J.D., Chair, 

Medical Officer, CMS. 

• Ruth L. Bush, M.D., M.P.H. 

• Kari S. Cornicelli, C.P.A., F.H.F.M.A. 

• Dawn L. Francis, M.D., M.H.S. 

• Kathleen Graham, R.N., M.S.H.A., 

C.P.H.Q., A.C.M. 

• Patrick A. Grusenmeyer, Sc.D., 

F.A.C.H.E. 

• David A. Halsey, M.D. 

• Brian D. Kavanagh, M.D., M.P.H. 

• Judith T. Kelly, R.H.I.T., R.H.I.A., 

C.C.S. 

• Scott Manaker, M.D., Ph.D. 

• John Marshall, C.R.A., F.A.H.R.A., 

R.C.C., R.T.®

• Agatha L. Nolen, D.Ph., M.S., 

F.A.S.H.P. 

• Randall A. Oyer, M.D. 

• Daniel J. Pothen, M.S., R.H.I.A., 

C.H.P.S., C.P.H.I.M.S., C.C.S.–P. 

• Gregory Przybylski, M.D. 

• Neville B. Sarkari, M.D., F.A.C.P. 

II. Agenda 

The agenda for the August 2010 

meeting will provide for discussion and 

comment on the following topics as 

designated in the Panel’s Charter: 

• Addressing whether procedures 

within an APC group are similar both 

clinically and in terms of resource use. 

• Reconfiguring APCs (for example, 

splitting of APCs, moving HCPCS codes 

from one APC to another, and moving 

HCPCS codes from new technology 

APCs to clinical APCs). 

• Evaluating APC group weights. 

• Reviewing packaging the cost of 

some items and services, including 

drugs and devices, into procedures and 

services, including the methodology and 

the impact on APC group structure and 

payment. 

• Removing procedures from the 

inpatient list for payment under the 

OPPS. 

• Using claims and cost report data 

for CMS’ determination of APC group 

costs. 

• Addressing other technical issues 

concerning APC group structure. 

(Note: The subject matter before the 

Panel will be limited to these and 

related topics. Unrelated topics are not 

subjects for discussion. Unrelated topics 

include, but are not limited to, the 

conversion factor, charge compression, 

revisions to the cost report, passthrough payments, correct code usage, 

and provider payment adjustments. 

Therefore, these issues will not be 

considered for presentations and/or 

comments. There will be no exceptions 

to this rule. We appreciate your 

cooperation on this matter.) 

The Panel may use data collected or 

developed by entities and organizations, 

other than the Department of Health and 

Human Services (DHHS) and CMS, in 

conducting its review. We recommend 

organizations to submit data for the 

Panel’s and CMS staff’s review. 

III. Written Comments and Suggested 

Agenda Topics 

Hardcopy and electronic written 

comments and suggested agenda topics 

should be sent to the DFO as specified 

in the ADDRESSES section of this notice. 

The DFO must receive these items by 5 

p.m. (e.s.t.), Monday, February 7, 2011. 

There will be no exceptions. We 

appreciate your cooperation on this 

matter. 

The written comments and suggested 

agenda topics submitted for the winter 

2011 APC Panel meeting must fall 

within the subject categories outlined in 

the Panel’s Charter and as listed in the 

Agenda section of this notice. 

IV. Oral Presentations 

Individuals or organizations wishing 

to make 5-minute oral presentations 

must submit hardcopy and electronic 

versions of their presentations to the 

DFO by 5 p.m. (e.s.t.), Monday, 

February 7, 2011, for consideration. 

The number of oral presentations may 

be limited by the time available. Oral 

presentations should not exceed 5 

minutes in length for an individual or 

an organization. 

The Chair may further limit time 

allowed for presentations due to the 

number of oral presentations, if 

necessary. Presentation times listed in 

the public agenda are approximate and 

presenters should be prepared to 

present earlier and later than indicated. 

V. Presenter and Presentation 

Information 

All presenters must submit Form 

CMS–20017 (revised 01/07). Hardcopies 

are required for oral presentations; 

however, electronic submissions of 

Form CMS–20017 are optional. The 

DFO must receive the following 

information from those wishing to make 

oral presentations: 

• Form CMS–20017 completed with 

all pertinent information identified on 

the first page of the presentation. 

• One hardcopy of presentation. 

• Electronic copy of presentation. 

• Personal registration information as 

described in the ‘‘Meeting Attendance’’ 

section below. 

• Those persons wishing to submit 

comments only must send hardcopy and 

electronic versions of their comments, 

but they are not required to submit 

Form CMS–20017. 

VI. Collection of Information 

Requirements 

This document does not impose any 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 35). 

VII. Oral Comments 

In addition to formal oral 

presentations, there will be opportunity 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 78709 

during the meeting for public oral 

comments, which will be limited to 1 

minute for each individual and a total 

of 3 minutes per organization. 

VIII. Meeting Attendance 

The meeting is open to the public; 

however, attendance is limited to space 

available. Attendance will be 

determined on a first-come, first-served 

basis. 

Persons wishing to attend this 

meeting, which is located on Federal 

property, must e-mail the DFO to 

register in advance no later than 5 p.m. 

(e.s.t.), Wednesday, February 23, 2011. 

A confirmation will be sent to the 

requester(s) by return e-mail. 

The following personal information 

must be e-mailed to the DFO by the date 

and time above: 

• Name(s) of attendee(s). 

• Title(s). 

• Organization. 

• E-mail address(es). 

• Telephone number(s). 

IX. Security, Building, and Parking 

Guidelines 

The following are the security, 

building, and parking guidelines: 

• Persons attending the meeting 

including presenters must be registered 

and on the attendance list by the 

prescribed date. 

• Individuals who are not registered 

in advance will not be permitted to 

enter the building and will be unable to 

attend the meeting. 

• Attendees must present 

photographic identification to the 

Federal Protective Service or Guard 

Service personnel before entering the 

building. 

• Security measures include 

inspection of vehicles, inside and out, at 

the entrance to the grounds. 

• All persons entering the building 

must pass through a metal detector. 

• All items brought into CMS 

including personal items, such as 

laptops, cell phones, and palm pilots, 

are subject to physical inspection. 

• The public may enter the building 

30 to 45 minutes before the meeting 

convenes each day. 

• All visitors must be escorted in 

areas other than the lower and first-floor 

levels in the Central Building. 

• The main-entrance guards will 

issue parking permits and instructions 

upon arrival at the building. 

X. Special Accommodations 

Individuals requiring sign-language 

interpretation or other special 

accommodations must send a request 

for these services to the DFO by 5 p.m. 

(e.s.t.), Wednesday, February 23, 2011. 

XI. Panel Recommendations and 

Discussions 

The Panel’s recommendations at any 

APC Panel meeting generally are not 

final until they have been reviewed and 

approved by the Panel on the last day 

prior to final adjournment. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: December 2, 2010. 

Donald M. Berwick, 

Administrator, Centers for Medicare & 

Medicaid Services. 

[FR Doc. 2010–31542 Filed 12–15–10; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Public Comment on the Draft Tribal 

Consultation Policy 

AGENCY: Administration for Children 

and Families, HHS. 

ACTION: Notice. 

SUMMARY: On November 5, 2009, 

President Obama signed the 

‘‘Memorandum for the Heads of 

Executive Departments and Agencies on 

Tribal Consultation.’’ The President 

stated that his Administration is 

committed to regular and meaningful 

consultation and collaboration with 

tribal officials in policy decisions that 

have tribal implications, including, as 

an initial step, through complete and 

consistent implementation of Executive 

Order 13175. 

The United States has a unique legal 

and political relationship with Indian 

tribal governments, established through 

and confirmed by the Constitution of 

the United States, treaties, statutes, 

executive orders, and judicial decisions. 

In recognition of that special 

relationship, pursuant to Executive 

Order 13175 of November 6, 2000, 

executive departments and agencies are 

charged with engaging in regular and 

meaningful consultation and 

collaboration with tribal officials in the 

development of Federal policies that 

have tribal implications, and are 

responsible for strengthening the 

government-to-government relationship 

between the United States and Indian 

Tribes. 

The Department of Health and Human 

Services (HHS) has taken its 

responsibility to comply with Executive 

Order 13175 very seriously over the past 

decade, including the initial 

implementation of a Department-wide 

policy on tribal consultation and 

coordination in 1997, and through 

multiple evaluations and revisions of 

that policy, most recently in 2008. Many 

HHS agencies have already developed 

their own agency-specific consultation 

policies that complement the 

Department-wide efforts. 

Since 2005, the Administration for 

Children and Families (ACF) has been 

working under the guidance of the HHS 

policy issued in 2005, and updated in 

2008. Due to the various programs 

administered by ACF and the many 

requests from Tribes for consultation for 

specific programs, as well as specific 

program mandates for tribal 

consultation, ACF has decided to create 

an ACF Tribal Consultation Policy to 

help ACF program and regional offices 

better engage Federally recognized 

Indian Tribes in the development or 

revision of policies, regulations, and 

proposed legislation that impact 

American Indians. ACF firmly believes 

that to create a good policy, ACF needs 

input from Tribes to ensure that ACF is 

meeting tribal needs and to establish a 

partnership that can carry into the 

future. ACF solicited membership for an 

ACF Tribal/Federal Workgroup to 

develop the initial draft policy. The 

Workgroup met August 23 and 24, 2010, 

in Washington, DC, and again in 

Minneapolis, Minnesota, on September 

16 and 17, 2010. The draft was reviewed 

by tribal leaders attending the ACF 

Tribal Consultation Session held in 

Washington, DC on September 29, 2010, 

and the Workgroup met again to address 

the comments heard at the Tribal 

Consultation Session. ACF will convene 

the Tribal/Federal Workgroup again to 

review and address the comments 

received from this publication. 

DATES: The deadline for receipt of 

comments is January 31, 2011. 

ADDRESSES: Comments made in 

response to this notice should be 

addressed to Lillian Sparks, 

Commissioner, Administration for 

Native Americans, 370 L’Enfant 

Promenade, SW., Mail Stop: Aerospace 

2—West, Washington, DC 20447. Delays 

may occur in mail delivery to Federal 

offices; therefore, a copy of comments 

should be faxed to (202) 690–7441. 

Comments will be available for 

inspection by members of the public at 

the Administration for Native 

Americans, 901 D Street, SW., 

Washington, DC 20447. 

FOR FURTHER INFORMATION CONTACT: 

Lillian Sparks, Commissioner, 

Administration for Native Americans, 

(877) 922–9262. 


srobinson on DSKHWCL6B1PROD with NOTICES