8176 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices 

11) detailing the waiver process and 

discussing the information that 

hospitals must provide in requesting a 

waiver. We indicated that upon receipt 

of a waiver request, we would publish 

a Federal Register notice to solicit 

public comments, as required by section 

1138(a)(2)(D) of the Act. 

According to these requirements, we 

will review the request and comments 

received. During the review process, we 

may consult on an as-needed basis with 

the Public Health Service’s Division of 

Transplantation, the United Network for 

Organ Sharing, and our regional offices. 

If necessary, we may request additional 

clarifying information from the applying 

hospital or others. We will then make a 

final determination on the waiver 

request and notify the hospital and the 

designated and requested OPOs. 

III. Hospital Waiver Request 

[If you choose to comment on issues 

in this section, please include the 

caption ‘‘Hospital Waiver Request’’ at 

the beginning of your comments.] 

As permitted by 42 CFR 486.308(e), 

Methodist Hospital, of Henderson, 

Kentucky has requested a waiver in 

order to enter into an agreement with a 

designated OPO other than the OPO 

designated for the service area in which 

the hospital is located. 

Methodist Hospital is requesting a 

waiver to work with: Kentucky Organ 

Donor Affiliates, 106 East Broadway, 

Louisville, Kentucky 40202. 

Methodist Hospital’s Designated OPO 

is: Indiana Organ Procurement 

Organization, 429 N. Pennsylvania, 

Suite 201, Indianapolis, Indiana 46204. 

Authority: Section 1138 of the Social 

Security Act (42 U.S.C. 1320b–8). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; Program No. 93.774, Medicare—

Supplementary Medical Insurance, and 

Program No. 93.778, Medical Assistance 

Program) 

Dated: February 15, 2007. 

Leslie V. Norwalk, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E7–3044 Filed 2–22–07; 8:45 am] 

BILLING CODE 4120–01–P 

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. 

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 

§ 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—

• Begins May 1, 2007 and end June 

15, 2007; and 

• 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 


cprice-sewell on PROD1PC61 with NOTICES
Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1544–N] 

Program; Public Meetings in Calendar 

Year 2007 for All New Public Requests 

for Revisions to the Healthcare 

Common Procedure Coding System 

(HCPCS) Coding and Payment 

Determinations 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice announces the 

dates, time, and location of the 

Healthcare Common Procedure Coding 

System (HCPCS) public meetings to be 

held in calendar year 2007 to discuss 

our preliminary coding and payment 

determinations for all new public 

requests for revisions to the HCPCS. 

These meetings provide a forum for 

interested parties to make oral 

presentations or to submit written 

comments in response to preliminary 

coding and payment determinations. 

Discussion will be directed toward 

responses to our specific preliminary 

recommendations and will include all 

items on the public meeting agenda. 

DATES: Meeting Dates: The following are 

the 2007 HCPCS public meeting dates: 

1. Tuesday, May 1, 2007, 9 a.m. to 5 

p.m., e.s.t. (Supplies and Other) 

2. Wednesday, May 2, 2007, 9 a.m. to 

5 p.m., e.s.t. (Supplies and Other) 

3. Thursday, May 3, 2007, 9 a.m. to 

5 p.m., e.s.t. (Durable Medical 

Equipment (DME) and Accessories). 

4. Tuesday, May 15, 2007, 9 a.m. to 

5 p.m., e.s.t. (Drugs/Biologicals/ 

Radiopharmaceuticals/Radiologic 

Imaging Agents) 

5. Wednesday, May 16, 2007, 9 a.m. 

to 5 p.m., e.s.t. (Drugs/Biologicals/ 

Radiopharmaceuticals/Radiologic 

Imaging Agents) 

6. Tuesday, May 22, 2007, 9 a.m. to 

5 p.m., e.s.t. (Orthotics and Prosthetics) 

7. Wednesday, May 23, 2007, 9 a.m. 

to 5 p.m., e.s.t. (Orthotics and 

Prosthetics) 

The product category reported by the 

meeting participant may not be the same 

as that assigned by CMS. All meeting 

participants are advised to review the 

public meeting agenda at http:// 

www.cms.hhs.gov/medhcpcsgeninfo 

which identifies our category 

determinations, and the dates each item 

will be discussed. Draft agendas, 

including a summary of each request 

and CMS’ preliminary decision will be 

posted on our HCPCS Web site at http:// 

www.cms.hhs.gov/medhcpcsgeninfo at 

least 1 month before each meeting. 

Registration Deadlines: Individuals 

must register for each date they plan 

either to attend or to provide a 

presentation. For the May 1, 2, and 3, 

2007 public meeting dates, the deadline 

for registration is April 24, 2007; for the 

May 15 and 16, 2007 public meeting, 

the deadline for registration is May 8, 

2007; for the May 22 and 23, 2007 

public meetings, the deadline for 

registration is May 15, 2007. 

Deadlines for Submission of 

Supporting Material: The deadline for 

submitting materials and writings that 

will be used in support of an oral 

presentation are: Public meetings held 

on May 1, 2, and 3, 2007, the deadline 

is April 17, 2007; public meetings held 

on May 15 and 16, 2007, the deadline 

is May 1, 2007; public meeting held on 

May 22 and 23, 2007, the deadline is 

May 8, 2007. 

ADDRESSES: Meeting Location: The 

public meetings will be held in the main 

auditorium of the central building of the 

Centers for Medicare and Medicaid 

Services, 7500 Security Boulevard, 

Baltimore, MD 21244–1850 

Registration and Special 

Accommodations: Individuals wishing 

to participate or who need special 

accommodations or both must register 

by completing the on-line registration 

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

medhcpcsgeninfo; or by contacting 

Felicia Eggleston at (410)786–9287; 

felicia.eggleston@cms.hhs.gov or Gloria 

Knight at (410)786–4598; 

Gloria.Knight@cms.hhs.gov, for the 

meetings for May 1, May 2, May 3, 2007 

meetings. 

For the May 15, May 16, May 22, and 

May 23, 2007 meetings, contact Jennifer 

Carver at (410)786–6610; 

Jennifer.Carver@cms.hhs.gov or Trish 

Brooks at (410)786–4561; 

Trish.Brooks@cms.hhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Carver, 410–786–6610 or 

Jennifer.carver@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 21, 2000, the Congress 

passed the Medicare, Medicaid, and 

SCHIP Benefits Improvement and 

Protection Act of 2000 (BIPA) (Pub. L. 

106–554). Section 531(b) of BIPA 

mandated that we establish procedures 

that permit public consultation for 

coding and payment determinations for 

new durable medical equipment (DME) 

under Medicare Part B of title XVIII of 

the Social Security Act (the Act). The 

procedures and public meetings 

announced in this notice for new DME 

are in response to the mandate of 

section 531(b) of BIPA. 

We published a notice in the 

November 23, 2001 Federal Register (66 

FR 58743) providing information 

regarding the establishment of the 

public meeting process for DME. It is 

our intent to distribute any materials 

submitted to CMS to the HCPCS 

workgroup members for their 

consideration. CMS and the HCPCS 

workgroup members require sufficient 

preparation time to review all relevant 

materials. For this reason, our HCPCS 

Public Meeting Coordinators will only 

accept and review presentation 

materials received by the deadline for 

each public meeting, as specified in the 

DATES section. Therefore, we are 

implementing a 10-page submission 

limit and firm deadlines for receipt of 

any materials and presentations the 

meeting participant wishes CMS to 

consider. 

The public meeting process provides 

an opportunity for the public to become 

aware of coding changes under 

consideration, as well as an opportunity 

for CMS to gather public input. 

II. Meeting Registration 

The following information must be 

provided when registering: Name, 

company name and address, telephone 

and fax numbers, e-mail address, and 

special needs information. A CMS staff 

member will confirm your registration 

by mail, e-mail, or fax. 

A. Registration Process for Primary 

Speakers 

Individuals must also indicate 

whether they are the ‘‘primary speaker’’


cprice-sewell on PROD1PC61 with NOTICES