29328 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Notices 

Orthotics, Prosthetics, and Pedorthics, 

Inc.). 

• The Compliance Team, Inc. 

Authority: Section 1834(a)(20) of the Social 

Security Act (42 U.S.C. 1395m(a)(20)). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: May 17, 2007. 

Leslie V. Norwalk, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E7–10156 Filed 5–24–07; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1322–N] 

Medicare Program; Second SemiAnnual Meeting of the Advisory Panel 

on Ambulatory Payment Classification 

Groups—September 5, 6, and 7, 2007 

AGENCY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services. 

ACTION: Notice. 

SUMMARY: In accordance with section 

10(a) of the Federal Advisory Committee 

Act (FACA) (5 U.S.C. Appendix 2), this 

notice announces the second semiannual meeting of the Advisory Panel 

on Ambulatory Payment Classification 

(APC) Groups (the Panel) for 2007. 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. We will 

consider the Panel’s advice as we 

prepare the final rule that updates the 

hospital Outpatient Prospective 

Payment System (OPPS) for CY 2008. 

DATES: Meeting Dates: We are 

scheduling the second semi-annual 

meeting in 2007 for the following dates 

and times: 

• Wednesday, September 5, 2007, 1 

p.m. to 5 p.m. (e.s.t.) 1

• Thursday, September 6, 2007, 8 a.m. 

to 5 p.m. (e.s.t.) 1

• Friday, September 7, 2007, 8 a.m. to 

12 noon (e.s.t.) 2

1The times listed in this notice are 

approximate times; consequently, the 

meetings may last longer than listed in 

this notice—but will not begin before 

the posted times. 2 If the business of the Panel 

concludes on Thursday, September 6, 

there will be no Friday meeting. 

Deadlines: Deadline for Hardcopy 

Comments/Suggested Agenda 

Topics—

5 p.m. (e.s.t.), Thursday, August 9, 

2007 

Deadline for Hardcopy Presentations—

5 p.m. (e.s.t.), Thursday, August 9, 

2007 

Deadline for Attendance Registration—

5 p.m. (e.s.t.), Wednesday, August 29, 

2007 

Deadline for Special Accommodations—

5 p.m. (e.s.t.), Wednesday, August 29, 

2007 

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, to send electronically to the 

Panel members for their review prior to 

the meeting. 

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. 

• 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 ‘‘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: 

• For further information, contact: Shirl 

Ackerman-Ross, DFO, CMS, CMM, 

HAPG, DOC, 7500 Security Boulevard, 

Mail Stop C4–05–17, Baltimore, MD 

21244–1850. Phone: (410) 786–4474. 

(Note: Please advise couriers of the 

following: When delivering hardcopies of 

presentations to CMS, if no one answers at 

the above phone number, please call (410) 

786–4532.) 

• 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 

Please search the CMS Web site at 

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

AdvisoryPanelonAmbulatoryPayment

ClassificationGroups.asp#TopOfPage in 

order to obtain the following 

information: 

(Note: There is an UNDERSCORE after 

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

• Additional information on the APC 

meeting agenda topics, 

• Updates to the Panel’s activities, 

• Copies of the current Charter, and 

• 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), [as amended by section 201(h) 

of the Medicare, Medicaid, and SCHIP 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Notices 29329 

Balanced Budget Refinement Act of 

1999 (BBRA) (Pub. L. 106–113), and redesignated by section 202(a)(2) of the 

BBRA] to establish and consult with an 

expert outside advisory panel regarding 

the clinical integrity of the APC groups 

and weights that are components of the 

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. All Panel members must have 

technical expertise that enables them to 

participate fully in the work of the 

Panel. The expertise encompasses 

hospital payment systems, hospital 

medical-care delivery systems, provider 

billing systems, outpatient payment 

requirements, APC groups, Current 

Procedural Terminology codes, and the 

use and payment of drugs and medical 

devices in the outpatient setting, as well 

as other forms of relevant expertise. 

Details regarding membership 

requirements for the APC Panel are 

found on the CMS and FACA Web sites 

as listed above. 

The Panel presently consists of the 

following members: 

• E.L. Hambrick, M.D., J.D., Chair 

• Marilyn Bedell, M.S., R.N., O.C.N. 

• Gloryanne Bryant, B.S., R.H.I.A., 

R.H.I.T., C.C.S. 

• Hazel Kimmel, R.N., C.C.S. 

• Sandra J. Metzler, M.B.A., R.H.I.A., 

C.P.H.Q. 

• Thomas M. Munger, M.D., F.A.C.C. 

• James V. Rawson, M.D. 

• Lou Ann Schraffenberger, M.B.A., 

R.H.I.A., C.C.S.-P. 

• Judie S. Snipes, R.N., M.B.A., 

F.A.C.H.E. 

• Timothy Gene Tyler, Pharm.D. 

• Kim Allan Williams, M.D., F.A.C.C., 

F.A.B.C. 

• Robert Matthew Zwolak, M.D., 

Ph.D., F.A.C.S. 

• Patricia Spencer-Cisek, M.S., 

A.P.R.N.-B.C., A.O.C.N. 

• Russ Ranallo, M.S. 

• Michael A. Ross, M.D. 

• Beverly Khnie Philip, M.D. 

II. Agenda 

The agenda for the September 2007 

meeting will provide for discussion and 

comment on the following topics as 

designated in the Panel’s Charter: 

• Reconfiguring APCs (for example, 

splitting of APCs, moving Healthcare 

Common Procedure Coding System 

[HCPCS] codes from one APC to another 

and moving HCPCS codes from new 

technology APCs to clinical APCs). 

• Evaluating APC weights. 

• Packaging device and drug costs 

into APCs: methodology, effect on 

APCs, and need for reconfiguring APCs 

based upon device and drug packaging. 

• Removing procedures from the 

inpatient list for payment under the 

OPPS. 

• Using single and multiple 

procedure claims data. 

• Addressing other APC structure 

technical issues. 

(Note: The subject matter before the Panel 

will be limited to these and related topics. 

Issues related to calculation of the OPPS 

conversion factor, charge compression, passthrough payments, or wage adjustments are 

not within the scope of the Panel’s purpose. 

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 DHHS and CMS, in 

conducting its review. We urge 

organizations to submit data for the 

Panel’s and CMS staff’s review. 

III. Written Comments and Suggested 

Agenda Topics 

Send hardcopy and electronic written 

comments and suggested agenda topics 

to the DFO at the address indicated 

above. The DFO must receive these 

items by 5 p.m. (e.s.t.), Thursday, 

August 9, 2007. There will be no 

exceptions. We appreciate your 

cooperation on this matter. 

The written comments and suggested 

agenda topics submitted for the 

September 2007 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.), Thursday, August 

9, 2007, 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. 

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. Oral Comments 

In addition to formal oral 

presentations, there will be opportunity 

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. 

VII. 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 Panel DFO to 

register in advance no later than 5 p.m. 

(e.s.t.), Wednesday, August 29, 2007. A 

confirmation will be sent to the 

requester(s) via 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), and 

• Telephone number(s). 

VIII. 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 


jlentini on PROD1PC65 with NOTICES
29330 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Notices 

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. 

• In addition, all persons entering the 

building must pass through a metal 

detector. 

• All items brought into CMS—

including personal items such as 

desktops, cell phones, palm pilots, 

etc.—are subject to physical inspection. 

• The public may enter the building 

30–45 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. 

IX. 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, August 29, 2007. 

Authority: Section 1833(t)(9) of the Act (42 

U.S.C. 13951(t)). The Panel is governed by 

the provisions of Pub. L. 92–463, as amended 

(5 U.S.C. Appendix 2). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare-Hospital 

Insurance; and Program No. 93.774, 

Medicare-Supplementary Medical Insurance 

Program) 

Dated: May 1, 2007. 

Leslie V. Norwalk, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E7–9521 Filed 5–24–07; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1546–N] 

Medicare Program; Public Meeting in 

Calendar Year 2007 for New Clinical 

Laboratory Tests Payment 

Determinations 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice announces a 

public meeting to discuss payment 

determinations for specific new 

Physicians’ Current Procedural 

Terminology (CPT) codes for clinical 

laboratory tests. The meeting provides a 

forum for interested parties to make oral 

presentations and submit written 

comments on the new codes that will be 

included in Medicare’s Clinical 

Laboratory Fee Schedule for calendar 

year 2008, which will be effective on 

January 1, 2008. The meeting will 

address technical issues relating to 

payment determinations for a specified 

list of new clinical laboratory codes. 

The development of the codes for 

clinical laboratory tests is performed by 

the CPT Editorial Panel and will not be 

discussed at the CMS meeting. 

DATES: The public meeting is scheduled 

for Monday, July 16, 2007 from 10 a.m. 

to 2 p.m. 

ADDRESSES: The public meeting will be 

held in the main auditorium of the 

central building of the Centers for 

Medicare & Medicaid Services (CMS) 

located at 7500 Security Boulevard, 

Baltimore, Maryland 21244. 

FOR FURTHER INFORMATION CONTACT: 

Anita Greenberg, (410) 786–4601. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 531(b) of the Medicare, 

Medicaid, and SCHIP Benefits 

Improvement and Protection Act of 

2000 (BIPA), Pub. L. 106–554, mandated 

procedures that permit public 

consultation for payment 

determinations for new clinical 

laboratory tests under Part B of title 

XVIII of the Social Security Act (the 

Act) in a manner consistent with the 

procedures established for 

implementing coding modifications for 

International Classification of Diseases 

(ICD–9–CM). The procedures and public 

meeting announced in this notice for 

new clinical laboratory tests are in 

accordance with the procedures 

published on November 23, 2001 in the 

Federal Register (66 FR 58743) to 

implement section 531(b) of BIPA. Also, 

section 942(b) of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA), Pub. 

L. 108–173, added section 

1833(h)(8)(B)(iii) of the Act, which 

required that we establish by regulation 

procedures for determining the basis for, 

and amount of, payment for new 

clinical laboratory tests. In the calendar 

year (CY) 2007 physician fee schedule 

final rule (71 FR 69701 through 69704), 

we adopted new 42 CFR subpart G 

regarding payment for new clinical 

diagnostic laboratory tests. Under 42 

CFR 414.506, we annually convene a 

meeting that includes representatives of 

CMS officials involved in determining 

payment amounts to receive individual 

comments and recommendations (and 

data on which the recommendations are 

based). 

A newly created CPT code can either 

represent a refinement or modification 

of existing test methods, or a 

substantially new test method. The 

newly created CPT codes for the 

calendar year 2007 will be listed at the 

web site http://www.cms.hhs.gov/ 

ClinicalLabFeeSched on or after June 18, 

2007. 

The first method, called crosswalking, is used when a new test is 

determined to be similar to an existing 

test, multiple existing test codes, or a 

portion of an existing test code. The 

new test code is then assigned the 

related existing local fee schedule 

amounts and resulting national 

limitation amount. The second method, 

called gap-filling, is used when no 

comparable, existing test is available. 

When using this method, instructions 

are provided to each Medicare carrier to 

determine a payment amount for its 

geographic area(s) for use in the first 

year, and the carrier-specific amounts 

are used to establish a national 

limitation amount for following years. 

For each new clinical laboratory test 

code, a determination must be made to 

either cross-walk or to gap-fill, and, if 

cross-walking is appropriate, to know 

which tests to cross-walk. 

II. Meeting Format 

This meeting is open to the public. 

The on-site check-in for visitors will be 

held from 9:30 to 10 a.m., followed by 

opening remarks. Registered individuals 

may discuss and recommend payment 

determinations for specific new CPT 

codes for the 2008 Clinical Laboratory 

Fee Schedule. 

Oral presentations must be brief, and 

must be accompanied by three written 

copies. Presenters may also make copies 

available for approximately 50 meeting 

participants. Presenters should address 

the new test code(s) and descriptor, the 

test purpose and method, costs, charges, 

and make a recommendation with 

rationale for using one of two methods 

(cross-walking or gap-fill) for 

determining payment for new clinical 

laboratory codes. Presentations that do 

not address the six items may be 

considered incomplete and not 

considered by CMS when making a 

payment determination. We will request 

missing information following the 

meeting in order to prevent a 

recommendation from being considered 

incomplete. 

A summary of the new codes and the 

payment recommendations that are 

presented during the public meeting 

will be posted on our Web site by 

September 7, 2007 and can be accessed 

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

ClinicalLabFeeSched. In addition, the 


jlentini on PROD1PC65 with NOTICES