[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Notices]
[Pages 8176-8177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3037]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1553-N]


Medicare Program; Notice of Supplemental Election Period for 
Provider Participation in the Calendar Year (CY) 2007 Competitive 
Acquisition Plan for Part B Drugs

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice.

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SUMMARY: This notice announces an additional physician election period 
for physicians who are not currently participating in the competitive 
acquisition program (CAP) for Medicare Part B drugs for calendar year 
(CY) 2007. The additional physician election period begins on May 1, 
2007 and ends on June 15, 2007. Physicians who elect to join the CAP 
during this additional election period will enter into a physician 
election agreement effective August 1, 2007 through December 31, 2007.

DATES: The additional CAP physician election period will begin on May 
1, 2007 and end on June 15, 2007. Physicians electing to join the CAP 
during this period will participate in the CAP effective August 1, 
2007.

FOR FURTHER INFORMATION CONTACT: Edmund Kasaitis (410) 786-4545.

SUPPLEMENTARY INFORMATION:

I. Background

    The Medicare Prescription Drug, Improvement, and Modernization Act 
of 2003 (Pub. L. 108-173) (MMA) requires the implementation of a 
competitive acquisition program (CAP) for certain Medicare Part B drugs 
not paid on a cost or prospective payment system basis. Physicians who 
elect to participate in the CAP obtain Medicare covered drugs from 
vendors selected through a competitive bidding process. Physicians who 
do not elect to participate in the CAP purchase these drugs and are 
paid under the average sales price (ASP) system. (For more information 
on the CAP, see the March 4, 2005 proposed rule (70 FR 10746), July 6, 
2005 interim final rule with comment period (70 FR 39022), and November 
21, 2005 final rule (70 FR 70116).) In accordance with the CAP statute 
and regulations, the regular, annual CAP physician election period for 
CY 2008 will occur in the fall of 2007.

II. Provisions of the Notice

    Under the authority described in section 1847B(a)(5)(A)(i) of 
Social Security Act (the Act) and Sec.  414.908(a)(2) of our 
regulations, which allows for physician election at times other than 
the regular, annual election period in such exigent circumstances as 
defined by CMS, we are designating an additional election period for 
physicians who wish to join the CAP. We are providing for this 
additional election period in recognition of the statutory change to 
the CAP under division B, title I, section 108 of the Tax Relief and 
Health Care Act of 2006 (Pub. L. 109-432) (TRHCA), effective for drugs 
supplied under the CAP as of April 1, 2007. We expect to provide 
program instructions or other guidance in the near future to implement 
changes to the CAP resulting from the new statutory provisions. 
Although the statutory change does not directly affect participating 
CAP physicians, it will require additional implementation efforts by 
CMS and was enacted after the close of the CAP physician election 
period for CY 2007. Thus, we believe this is an ``exigent 
circumstance'' for which we should allow physicians an additional 
opportunity to join the CAP.
    The additional election period--
    <bullet> Begins May 1, 2007 and end June 15, 2007; and
    <bullet> Is only for physicians as defined in section 1861(r) of 
the Act who are not currently participating in the CY 2007 CAP.
    The procedures and forms used for the regular, annual election 
period for CY 2007 also will be used for this additional CY 2007 
election period. The aforementioned forms include the Competitive 
Acquisition Program (CAP) for Medicare Part B Drugs CAP Physician 
Election Agreement, which is currently approved under the Office of 
Management and Budget control number 0938-0987, with an expiration date 
of April 30, 2009. Physicians who wish to join the CAP during this 
election period may obtain a Physician Election Agreement form from the 
download section of the CAP Information for Physicians webpage on the 
CMS Web site at http://www.cms.hhs.gov/CompetitiveAcquisforBios/02_infophys.asp#TopOfPage.
    Physicians who elect to participate in the CAP during the 
additional CY 2007 election period will have their CAP election 
agreement effective from August 1, 2007 through December 31, 2007. We 
note that participation in the CAP for CY 2008 requires renewal of CAP 
election during the regular fall

[[Page 8177]]

election period, which will run from October 1, 2007 to November 15, 
2007.
    Completed and signed forms must be returned by mail to the 
physician's local carrier (the carrier that processes the physician's 
Part B claims). Forms must be postmarked no later than June 15, 2007. 
Additional details about CAP physician election will be available on 
the CMS Web site at http://www.cms.hhs.gov/CompetitiveAcquisforBios/02_infophys.asp#TopOfPage.

    Authority: Section 1847B(a)(5)(A)(i) of the Social Security Act 
(42 U.S.C.) (No. 93.774, Medicare--Supplementary Medical Insurance 
Program).

    Dated: February 15, 2007.
Leslie V. Norwalk,
Acting Administrator, Centers for Medicare & Medicaid Services.
 [FR Doc. E7-3037 Filed 2-22-07; 8:45 am]
BILLING CODE 4120-01-P