Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices 32661 

2107(b)(1) of the Social Security Act 

grants CMS authority to collect 

information from the States. The IPIA 

requires CMS to produce national error 

rates in Medicaid and CHIP fee-forservice, including the managed care 

component. The state-specific Medicaid 

managed care and CHIP managed care 

error rates will be based on reviews of 

managed care capitation payments in 

each program and will be used to 

produce national Medicaid managed 

care and CHIP managed care error rates. 

Form Number: CMS–10178 (OCN: 

0938–0994); Frequency: Occasionally; 

Affected Public: State, Local, or Tribal 

Governments; Number of Respondents: 

34; Total Annual Responses: 2040; Total 

Annual Hours: 28,050. (For policy 

questions regarding this collection 

contact Monetha Dockery at 410–786– 

0155. For all other issues call 410–786– 

1326.) 

8. Type of Information Collection 

Request: Reinstatement with change of a 

previously approved information 

collection; Title of Information 

Collection: Medical Necessity and 

Claims Denial Disclosures under 

MHPAEA; Use: The Paul Wellstone and 

Pete Domenici Mental Health Parity and 

Addiction Equity Act of 2008 

(MHPAEA) (P.L.110–343) requires that 

group health plans and group health 

insurance issuers offering mental health 

or substance use disorder (MH/SUD) 

benefits in addition to medical and 

surgical (med/surg) benefits ensure that 

that they do not apply any more 

restrictive financial requirements (e.g., 

co-pays, deductibles) and/or treatment 

limitations (e.g., visit limits) to MH/SUD 

benefits than those requirements and/or 

limitations applied to substantially all 

med/surg benefits. 

Medical Necessity Disclosure Under 

MHPAEA 

The MHPAEA section 512(b) 

specifically amends the Public Health 

Service (PHS) Act to require plan 

administrators or health insurance 

issuers to provide, upon request, the 

criteria for medical necessity 

determinations made with respect to 

MH/SUD benefits to current or potential 

participants, beneficiaries, or 

contracting providers. The interim final 

rules Under the Paul Wellstone and Pete 

Domenici Mental Health Parity and 

Addiction Equity Act of 2008 (75 FR 

5410, February 2, 2010) set forth rules 

for providing criteria for medical 

necessity determinations. CMS oversees 

non-federal governmental plans or 

related health insurance. 

Claims Denial Disclosure Under 

MHPAEA 

The MHPAEA section 512(b) 

specifically amends the Public Health 

Service (PHS) Act to require plan 

administrators or health insurance 

issuers to supply, upon request, the 

reason for any denial of payment for 

MH/SUD services to the participant or 

beneficiary involved in the case. The 

interim final rules Under the Paul 

Wellstone and Pete Domenici Mental 

Health Parity and Addiction Equity Act 

of 2008 (75 FR 5410, February 2, 2010) 

implement 45 CFR 146.136(d)(2), which 

sets forth rules for providing reasons for 

denial of payment. We oversee nonfederal governmental plans or related 

health insurance, and the regulation 

provides a safe harbor such that plans 

or issuers are deemed to comply with 

requirements of paragraph (d)(2) of 45 

CFR 166.136 if they provide the notice 

in a form and manner consistent with 

ERISA requirements found in 29 CFR 

2560.503–1. Form Number: CMS–10307 

(OMB Control No. 0938–1080); 

Frequency: On Occasion; Affected 

Public: State, Local, or Tribal 

Governments; Number of Respondents: 

20,300; Number of Responses: 509,600; 

Total Annual Hours: 2,200. (For policy 

questions regarding this collection, 

contact Usree Bandyopadhyay at 410– 

786–6650. For all other issues call (410) 

786–1326.) 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, access CMS’ Web site 

address at http://www.cms.hhs.gov/ 

PaperworkReductionActof1995, or 

Email your request, including your 

address, phone number, OMB number, 

and CMS document identifier, to 

Paperwork@cms.hhs.gov, or call the 

Reports Clearance Office on (410) 786– 

1326. 

In commenting on the proposed 

information collections please reference 

the document identifier or OMB control 

number. To be assured consideration, 

comments and recommendations must 

be submitted in one of the following 

ways by July 30, 2013: 

1. Electronically. You may submit 

your comments electronically to http:// 

www.regulations.gov. Follow the 

instructions for ‘‘Comment or 

Submission’’ or ‘‘More Search Options’’ 

to find the information collection 

document(s) accepting comments. 

2. By regular mail. You may mail 

written comments to the following 

address: CMS, Office of Strategic 

Operations and Regulatory Affairs, 

Division of Regulations Development, 

Attention: Document Identifier/OMB 

Control Number llll, Room C4–26– 

05, 7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 

Dated: May 28, 2013. 

Martique Jones, 

Deputy Director, Regulations Development 

Group, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2013–12950 Filed 5–30–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–7028–N] 

Medicare, Medicaid, and Children’s 

Health Insurance Programs; Renewal 

of the Advisory Panel on Outreach and 

Education (APOE) and Request for 

Nominations 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice announces that 

the charter of the Advisory Panel on 

Outreach and Education (APOE) has 

been renewed. It also requests 

nominations for individuals to serve on 

the APOE. 

DATES: Nominations will be considered 

if we receive them at the appropriate 

address, provided in the ADDRESSES

section of this notice, no later than 5 

p.m., Eastern Daylight Time (e.d.t.) on 

July 1, 2013. 

ADDRESSES: Mail or deliver nominations 

to the following address: Kirsten 

Knutson, Acting Designated Federal 

Official, Office of Communications, 

CMS, 7500 Security Boulevard, Mail 

Stop S1–13–05, Baltimore, MD 21244– 

1850 or email to 

Kirsten.Knutson@cms.hhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kirsten Knutson, Acting Designated 

Federal Official, Office of 

Communications, CMS, 7500 Security 

Boulevard, Mail Stop S1–13–05, 

Baltimore, MD 21244, 410–786–5886, 

email kirsten.knutson@cms.hhs.gov or 

visit the Web site at http:// 

www.cms.gov/Regulations-andGuidance/Guidance/FACA/APOE.html. 

Press inquiries are handled through the 

CMS Press Office at (202) 690–6145. 

SUPPLEMENTARY INFORMATION:

I. Background 

The Advisory Panel on Medicare 

Education (the predecessor to the 

APOE) was created in 1999 to advise 

and make recommendations to the 


tkelley on DSK3SPTVN1PROD with NOTICES
32662 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices 

Secretary of Health and Human Services 

(the Secretary), and the Administrator of 

the Centers for Medicare & Medicaid 

Services (CMS) on the effective 

implementation of national Medicare 

education programs, including with 

respect to the Medicare+Choice (M+C) 

program added by the Balanced Budget 

Act of 1997 (Pub. L. 105–33). 

The Medicare Modernization Act of 

2003 (MMA) (Pub. L. 108–173) 

expanded the existing health plan 

options and benefits available under the 

M+C program and renamed it the 

Medicare Advantage (MA) program. We 

have had substantial responsibilities to 

provide information to Medicare 

beneficiaries about the range of health 

plan options available and better tools 

to evaluate these options. Successful 

MA program implementation required 

us to consider the views and policy 

input from a variety of private sector 

constituents and to develop a broad 

range of public-private partnerships. 

In addition, the Secretary, and by 

delegation, the Administrator of CMS 

was authorized under Title I of MMA to 

establish the Medicare prescription drug 

benefit. The drug benefit allows 

beneficiaries to obtain qualified 

prescription drug coverage. In order to 

effectively administer the MA program 

and the Medicare prescription drug 

benefit, we have substantial 

responsibilities to provide information 

to Medicare beneficiaries about the 

range of health plan options and 

benefits available, and to develop better 

tools to evaluate these plans and 

benefits. 

The Affordable Care Act (Patient 

Protection and Affordable Care Act, 

Pub. L. 111–148 and Health Care and 

Education Reconciliation Act of 2010, 

Pub. L. 111–152) enacted a number of 

changes to Medicare as well as to 

Medicaid and the Children’s Health 

Insurance Program (CHIP), and also 

expanded the availability of other 

options for health care coverage. In 

order to effectively implement and 

administer these changes, we must 

provide information to Medicare, 

Medicaid, and CHIP consumers, 

providers and other stakeholders 

pursuant to education and outreach 

programs regarding how these programs 

will change and the expanded range of 

health coverage options available. The 

Advisory Panel on Outreach and 

Education allows us to consider a broad 

range of views and information from 

interested audiences in connection with 

this effort and to identify opportunities 

to enhance the effectiveness of 

education strategies concerning the 

Affordable Care Act. 

II. Provisions of This Notice 

A. Renewal of the APOE 

Pursuant to the charter approved on 

January 21, 2013, the APOE was 

renewed. The APOE will advise the 

Department of Health and Human 

Services (DHHS) and CMS on 

developing and implementing education 

programs that support individuals with 

or who are eligible for Medicare, 

Medicaid, and the Children’s Health 

Insurance Program (CHIP) about options 

for selecting health care coverage under 

these and other programs envisioned 

under health care reform to ensure 

improved access to quality care, 

including prevention services. The 

scope of this Federal Advisory 

Committee Act (FACA) group also 

includes advising on education of 

providers and stakeholders with respect 

to health care reform and certain 

provisions of the Health Information 

Technology for Economic and Clinical 

Health (HITECH) Act enacted as part of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA). 

The charter will terminate on January 

21, 2015, unless renewed by appropriate 

action. The APOE was chartered under 

42 U.S.C. 222 of the Public Health 

Service Act, as amended. The APOE is 

governed by provisions of Public Law 

92–463, as amended (5 U.S.C. Appendix 

2), which sets forth standards for the 

formation and use of advisory 

committees. 

Pursuant to the renewed charter, the 

APOE will advise the Secretary of 

Health and Human Services and the 

CMS Administrator concerning optimal 

strategies for the following: 

• Developing and implementing 

education and outreach programs for 

individuals enrolled in or eligible for 

Medicare, Medicaid, and CHIP. 

• Enhancing the Federal 

government’s effectiveness in informing 

the Medicare, Medicaid, and CHIP 

consumers, providers and stakeholders 

pursuant to education and outreach 

programs of issues regarding these and 

other health coverage programs, 

including the appropriate use of publicprivate partnerships to leverage the 

resources of the private sector in 

educating beneficiaries, providers and 

stakeholders. 

• Expanding outreach to vulnerable 

and underserved communities, 

including racial and ethnic minorities, 

in the context of Medicare, Medicaid, 

and CHIP education programs. 

• Assembling and sharing an 

information base of ‘‘best practices’’ for 

helping consumers evaluate health plan 

options. 

• Building and leveraging existing 

community infrastructures for 

information, counseling and assistance. 

• Drawing the program link between 

outreach and education, promoting 

consumer understanding of health care 

coverage choices, and facilitating 

consumer selection/enrollment; which 

in turn support the overarching goal of 

improved access to quality care, 

including prevention services, 

envisioned under health care reform. 

B. Requests for Nominations 

The APOE shall consist of no more 

than 20 members. The Chair shall either 

be appointed from among the 20 

members, or a Federal official will be 

designated to serve as the Chair. The 

charter requires that meetings shall be 

held approximately four times per year. 

Members will be expected to attend all 

meetings. The members and the Chair 

shall be selected from authorities 

knowledgeable in one or more of the 

following fields: 

• Senior citizen advocacy 

• Outreach to minority communities 

• Health communications 

• Disease-related advocacy 

• Disability policy and access 

• Health economics research 

• Health insurers and plans 

• Health information technology (IT) 

• Direct patient care 

• Matters of labor and retirement 

Representatives of the general public 

may also serve on the APOE. 

This notice also announces that in 

July 2013, there will be 3 expired terms 

of membership and in October 2013, 

there will be an additional 3 expired 

terms of membership. This notice is an 

invitation to interested organizations or 

individuals to submit their nominations 

for membership for all six vacancies on 

the APOE (no self-nominations will be 

accepted). The CMS Administrator will 

appoint new members to the APOE from 

among those candidates determined to 

have the expertise required to meet 

specific agency needs, and in a manner 

to ensure an appropriate balance of 

membership. We have an interest in 

ensuring that the interests of both 

women and men, members of all racial 

and ethnic groups, and disabled 

individuals are adequately represented 

on the APOE. Therefore, we encourage 

nominations of qualified candidates 

who can represent these interests. Any 

interested organization or person may 

nominate one or more qualified persons. 

Current members whose terms expire 

in 2013 may be considered for 

reappointment, subject to committee 

service guidelines. 

Each nomination must include a letter 

stating that the nominee has expressed 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices 32663 

a willingness to serve as a Panel 

member and must be accompanied by a 

curricula vitae and a brief biographical 

summary of the nominee’s experience. 

While we are looking for experts in a 

number of fields, our most critical needs 

are for experts in Health IT, Tribal 

Affairs, Community Health Centers/ 

Medically Underserved Populations, 

African-American Health/Disparities, 

Health/Disability/Quality and State 

Programs/Medicaid/Rural. 

We are requesting that all curricula 

vitae include the following: 

• Date of birth 

• Place of birth 

• Title and current position 

• Professional affiliation 

• Home and business address 

• Telephone and fax numbers 

• Email address 

• List of areas of expertise 

Phone interviews of nominees may 

also be requested after review of the 

nominations. 

In order to permit an evaluation of 

possible sources of conflict of interest, 

potential candidates will be asked to 

provide detailed information concerning 

such matters as financial holdings, 

consultancies, and research grants or 

contracts. 

Members are invited to serve for 2- 

year terms, contingent upon the renewal 

of the APOE by appropriate action prior 

to its termination. A member may serve 

after the expiration of that member’s 

term until a successor takes office. Any 

member appointed to fill a vacancy for 

an unexpired term shall be appointed 

for the remainder of that term. 

III. Copies of the Charter 

The Secretary’s Charter for the APOE 

is available on the CMS Web site at: 

http://www.cms.gov/Regulations-and 

Guidance/Guidance/FACA/APOE.html, 

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: Sec. 222 of the Public Health 

Service Act (42 U.S.C. 217a) and sec. 10(a) 

of Pub. L. 92–463 (5 U.S.C. App. 2, sec. 10(a) 

and 41 CFR 102–3). 

(Catalog of Federal Domestic Assistance 

Program No. 93.733, Medicare—Hospital 

Insurance Program; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: May 23, 2013. 

Marilyn Tavenner, 

Administrator, Centers for Medicare & 

Medicaid Services. 

[FR Doc. 2013–12957 Filed 5–30–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1459–N] 

Medicare Program; Notification of 

Closure of Teaching Hospitals and 

Opportunity To Apply for Available 

Slots 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice announces the 

closure of two teaching hospitals and 

the initiation of an application process 

where hospitals must apply to the 

Centers for Medicare & Medicaid 

Services (CMS) for consideration of 

Infirmary West Hospital’s and 

Montgomery Hospital’s full time 

equivalent (FTE) resident cap slots. 

DATES: We will consider applications 

received no later than 5 p.m. (e.s.t) 

August 29, 2013. Applications must be 

received, not postmarked, by this date. 

FOR FURTHER INFORMATION CONTACT: 

Miechal Lefkowitz, (212) 616–2517. 

SUPPLEMENTARY INFORMATION:

I. Background 

Section 5506 of the Patient Protection 

and Affordable Care Act (Pub. L. 111– 

148), as amended by the Health Care 

and Education Reconciliation Act of 

2010 (Pub. L. 111–152) (collectively, the 

‘‘Affordable Care Act’’), ‘‘Preservation of 

Resident Cap Positions from Closed 

Hospitals,’’ authorizes the Secretary to 

redistribute residency slots after a 

hospital that trained residents in an 

approved medical residency program 

closes. Specifically, section 5506 of the 

Affordable Care Act amended the Social 

Security Act (the Act) by adding 

subsection (vi) to section 1886(h)(4)(H) 

of the Act and modifying language at 

section 1886(d)(5)(B)(v) of the Act, to 

instruct the Secretary to establish a 

process to increase the full time 

equivalent (FTE) resident caps for other 

hospitals based upon the FTE resident 

caps in teaching hospitals that closed 

‘‘on or after a date that is 2 years before 

the date of enactment’’ (that is, March 

23, 2008). In the November 24, 2010 

Calendar Year (CY) 2011 Outpatient 

Prospective Payment System (OPPS) 

final rule (75 FR 72212), we established 

regulations and an application process 

for qualifying hospitals to apply to CMS 

for consideration of the direct graduate 

medical education (GME) and indirect 

medical education (IME) FTE resident 

cap slots from the hospital that closed. 

We made certain modifications to those 

regulations in the Fiscal Year (FY) 2013 

Hospital Inpatient Prospective Payment 

System and FY 2013 Long Term Care 

Hospital Prospective Payment System 

final rule (FY 2013 IPPS/LTCH PPS 

final rule (77 FR 53434 through 53447)). 

II. Provisions of the Notice 

a. Notice of Closure of Teaching 

Hospitals and Application Process 

CMS has learned of the closure of two 

teaching hospitals; Infirmary West 

Hospital of Mobile, AL and Montgomery 

Hospital of Morristown, PA. The 

purpose of this notice is to notify the 

public of the closure of these two 

teaching hospitals, and to initiate 

another round of the application and 

selection process described in section 

5506 of the Affordable Care Act. This 

round will be the fifth round (‘‘Round 

5’’) of the application and selection 

process. The table below identifies the 

two closed teaching hospitals, which are 

part of the Round 5 application process 

under section 5506 of the Affordable 

Care Act: 

TEACHING HOSPITALS CLOSURE

Provider No. Provider name City and state CBSA 

code Terminating date 

IME Cap (including 

+/¥ MMA Sec. 422 1

and +/¥ ACA Sec. 

5503 2 Adjustments) 

Direct GME Cap 

(including +/¥ MMA 

Sec. 422 1 and +/¥ 

ACA Sec. 5503 2

Adjustments) 

010152 ......... Infirmary West Hospital.Mobile, AL ................ 33660 November 1, 2012 ... 10.08 + 21.66 section 422 increase 

= 31.74 3.

10.08 + 21.76 section 422 increase 

= 31.84 4. 


tkelley on DSK3SPTVN1PROD with NOTICES