Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 30041 

Status: The meeting will be closed to the 

public in accordance with provisions set 

forth in Section 552b(c) (4) and (6), Title 5 

U.S.C., and the Determination of the Director, 

Management Analysis and Services Office, 

CDC, pursuant to Public Law 92–463. 

Matters to be Discussed: The meeting will 

include the initial review, discussion, and 

evaluation of ‘‘Member Conflict Review, PA 

07–318.’’ 

Contact Person for More Information: M. 

Chris Langub, PhD, Scientific Review 

Administrator, Office of Extramural 

Programs, National Institute for Occupational 

Safety and Health, CDC, 1600 Clifton Road, 

NE., Mailstop E74, Atlanta, Georgia 30333; 

Telephone: (404)498–2543. 

The Director, Management Analysis and 

Services Office, has been delegated the 

authority to sign Federal Register notices 

pertaining to announcements of meetings and 

other committee management activities, for 

both CDC and the Agency for Toxic 

Substances and Disease Registry. 

Dated: May 20, 2010. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. 2010–12829 Filed 5–27–10; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Disease, Disability, and Injury 

Prevention and Control 

Special Emphasis Panel (SEP): 

Effectiveness of Empiric Antiviral 

Treatment for Hospitalized Community 

Acquired Pneumonia during the 

Influenza Season, Funding Opportunity 

Announcement (FOA) IP10–007, Initial 

Review 

In accordance with Section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the aforementioned meeting: 

Time and Date: 12 p.m.–2 p.m., June 

15, 2010 (Closed). 

Place: Teleconference. 

Status: The meeting will be closed to 

the public in accordance with 

provisions set forth in Section 552b(c) 

(4) and (6), Title 5 U.S.C., and the 

Determination of the Director, 

Management Analysis and Services 

Office, CDC, pursuant to Public Law 92– 

463. 

Matters to be Discussed: The meeting 

will include the initial review, 

discussion, and evaluation of 

applications received in response to 

‘‘Effectiveness of Empiric Antiviral 

Treatment for Hospitalized Community 

Acquired Pneumonia during the 

Influenza Season, FOA IP10–007’’. 

Contact Person for More Information: 

Gregory Anderson, M.S., M.P.H., 

Scientific Review Officer, CDC, 1600 

Clifton Road, NE., Mailstop E60, 

Atlanta, GA 30333, Telephone: (404) 

498–2293. 

The Director, Management Analysis 

and Services Office, has been delegated 

the authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities, for both CDC 

and the Agency for Toxic Substances 

and Disease Registry. 

Dated: May 20, 2010. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. 2010–12827 Filed 5–27–10; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1340–N] 

Medicare Program; Public Meeting in 

Calendar Year 2010 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 receive comments and 

recommendations (including 

accompanying data on which 

recommendations are based) from the 

public on the appropriate basis for 

establishing payment amounts for a 

specified list of new Clinical Procedural 

Terminology (CPT) codes for clinical 

laboratory tests in calendar year (CY) 

2011. The meeting provides a forum for 

interested parties to make presentations 

and submit written comments on the 

new codes that will be included in 

Medicare’s Clinical Laboratory Fee 

Schedule for CY 2011, which will be 

effective on January 1, 2011. The 

development of the codes for clinical 

laboratory tests is largely performed by 

the CPT Editorial Panel and will not be 

further discussed at the meeting. 

DATES: Meeting Date: The public 

meeting is scheduled for Thursday, July 

22, 2010 from 9 a.m. to 2 p.m., Eastern 

Standard Time (E.S.T.). 

Deadline for Registration of 

Presenters: All presenters for the public 

meeting must register by July 16, 2010. 

Deadline for Submitting Requests for 

Special Accommodations: Requests for 

special accommodations must be 

received no later than 5 p.m., E.S.T. on 

July 16, 2010. 

Deadline for Submission of Written 

Comments: Interested parties may 

submit written comments on the 

proposed payment determinations by 

September 24, 2010, to the address 

specified in the ADDRESSES section of 

this notice. 

ADDRESSES: The public meeting will be 

held in the main auditorium of the 

central building of the Centers for 

Medicare & Medicaid Services (CMS), 

7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 

FOR FURTHER INFORMATION CONTACT: 

Glenn McGuirk, (410) 786–5723. 

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) requires 

the Secretary to establish procedures for 

coding and payment determinations for 

new clinical diagnostic laboratory tests 

under Part B of title XVIII of the Social 

Security Act (the Act) that permit public 

consultation 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. 

Section 942(b) of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA) (Pub. 

L. 108–173) added section 1833(h)(8) of 

the Act. Section 1833(h)(8)(A) of the Act 

states that such new tests are any 

clinical diagnostic laboratory tests with 

respect to which a new or substantially 

revised Healthcare Common Procedures 

Coding System (HCPCS) code is 

assigned on or after January 1, 2005 

(hereinafter referred to as, ‘‘new test’’ or 

‘‘new clinical laboratory test’’). Section 

1833(h)(8)(B) of the Act sets forth the 

methods for determining payment bases 

for new tests. Pertinent to this notice, 

section 1833(h)(8)(B)(i) and (ii) of the 

Act requires the Secretary to make 

available to the public a list that 

includes new tests for which 

establishment of a payment amount is 

being considered for a year and, on the 

same day that the list is made available, 

to publish in the Federal Register a 

notice of a meeting to receive comments 


jlentini on DSKJ8SOYB1PROD with NOTICES
30042 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 

and recommendations (including 

accompanying data on which 

recommendations are based) from the 

public on the appropriate basis for 

establishing payment amounts for new 

tests. Section 1833(h)(8)(B)(iii) of the 

Act requires that we convene a public 

meeting not less than 30 days after 

publication of the notice in the Federal 

Register. These requirements are 

codified at 42 CFR part 414, subpart G. 

A newly created Current Procedural 

Terminology (CPT) code can represent 

either a refinement or modification of 

existing test methods, or a substantially 

new test method. The preliminary list of 

newly created CPT codes for calendar 

year (CY) 2011 will be published on our 

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

ClinicalLabFeeSched upon publication 

of this notice in the Federal Register. 

Two methods are used to establish 

payment amounts for new tests 

included in the CY 2011 Clinical 

Laboratory Fee Schedule. The first 

method, called ‘‘cross-walking,’’ is used 

when a new test is determined to be 

comparable to an existing test, multiple 

existing test codes, or a portion of an 

existing test code. The new test code is 

then assigned to the related existing 

local fee schedule amounts and the 

related existing national limitation 

amount. Payment for the new test is 

made at the lesser of the local fee 

schedule amount or the national 

limitation amount. 

The second method, called ‘‘gapfilling,’’ is used when no comparable 

existing test is available. When using 

this method, instructions are provided 

to each Medicare carrier or Part A and 

Part B Medicare Administrative 

Contractor (MAC) to determine a 

payment amount for its geographic 

area(s) for use in the first year. These 

determinations are based on the 

following sources of information, if 

available: Charges for the test and 

routine discounts to charges; resources 

required to perform the test; payment 

amounts determined by other payers; 

and charges, payment amounts, and 

resources required for other tests that 

may be comparable or otherwise 

relevant. The carrier-specific amounts 

are used to establish a national 

limitation amount for the following 

years. For each new clinical laboratory 

test code, a determination must be made 

to either cross-walk or gap-fill. 

II. Format 

This meeting to receive comments 

and recommendations (including 

accompanying data on which 

recommendations are based) on the 

appropriate payment basis for the 

specified list of new CPT codes is open 

to the public. The on-site check-in for 

visitors will be held from 8:30 a.m., 

E.S.T. to 9 a.m., E.S.T., followed by 

opening remarks. Registered persons 

from the public may discuss and 

recommend payment determinations for 

specific new test codes for the CY 2011 

Clinical Laboratory Fee Schedule. 

Presentations must be brief and 

accompanied by three written copies. 

CMS recommends that presenters make 

copies available for approximately 50 

meeting participants, since CMS will 

not be providing additional copies. 

Before the annual meeting on July 22, 

2010, presentations must also be 

electronically submitted to CMS on or 

before July 2, 2010. Presentations 

should be sent via e-mail to Glenn 

McGuirk, at 

Glenn.McGuirk@cms.hhs.gov. Once the 

presentations are collected, CMS will 

post them on the Clinical Laboratory 

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

ClinicalLabFeeSched. Presenters should 

address the following items: 

• New test code(s) and descriptor; 

• Test purpose and method; 

• Costs; 

• Charges; and 

• Make a recommendation with 

rationale for one of two methods (crosswalking or gap-fill) for determining 

payment for new tests. 

Additionally, the presenters should 

provide the data on which their 

recommendations are based. 

Presentations that do not address the 

above five items may be considered 

incomplete and may not be considered 

by CMS when making a payment 

determination. CMS may request 

missing information following the 

meeting in order to prevent a 

recommendation from being considered 

incomplete. 

A summary of the proposed new test 

codes and the payment 

recommendations that are presented 

during the public meeting will be 

posted on the CMS Web site by early 

September 2010 and can be accessed at 

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

ClinicalLabFeeSched. 

In addition, the summary on the CMS 

Web site will also include a list of all 

comments received by August 6, 2010 

(15 days after the meeting). The 

summary will also display our proposed 

payment determinations, an explanation 

of the reasons for each determination, 

and the data on which the 

determinations are based. Interested 

parties may submit written comments 

on the proposed payment 

determinations by September 24, 2010, 

to the address specified in the 

ADDRESSES section of this notice. Final 

payment determinations will be posted 

on our Web site in October 2010. Each 

determination will include a rationale, 

data on which the determination is 

based, and responses to comments and 

suggestions received from the public. 

After the final payment 

determinations have been posted on our 

Web site, the public may request 

reconsideration of the payment 

determinations as set forth in 42 CFR 

414.509. We also refer readers to the 

November 27, 2007 final rule (72 FR 

66275 through 66280). 

III. Registration Instructions 

The Division of Ambulatory Services 

in CMS is coordinating the public 

meeting registration. Beginning June 22, 

2010, registration may be completed online at the following Web address: 

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

ClinicalLabFeeSched. The following 

information must be submitted when 

registering: 

• Name; 

• Company name; 

• Address; 

• Telephone number(s); and 

• E-mail address(es). 

When registering, individuals who 

want to make a presentation must also 

specify on which new clinical 

laboratory test code(s) they will be 

presenting comments. A confirmation 

will be sent upon receipt of the 

registration. Individuals must register by 

the date specified in the DATES section 

of this notice. 

IV. Security, Building, and Parking 

Guidelines 

The meeting will be held in a Federal 

government building; therefore, Federal 

security measures are applicable. In 

planning your arrival time, we 

recommend allowing additional time to 

clear security. It is suggested that you 

arrive at the CMS facility between 8:15 

a.m and 8:30 a.m., E.S.T. so that you 

will be able to arrive promptly at the 

meeting by 9 a.m., E.S.T. Individuals 

who are not registered in advance will 

not be permitted to enter the building 

and will be unable to attend the 

meeting. The public may not enter the 

building earlier than 8:15 a.m., E.S.T. 

(45 minutes before the convening of the 

meeting). 

Security measures include the 

following: 

• Presentation of government-issued 

photographic identification to the 

Federal Protective Service or Guard 

Service personnel. Persons without 

proper identification may be denied 

access to the building. 

• Interior and exterior inspection of 

vehicles (this includes engine and trunk 

inspection) at the entrance to the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 30043 

grounds. Parking permits and 

instructions will be issued after the 

vehicle inspection. 

• Passing through a metal detector 

and inspection of items brought into the 

building. We note that all items brought 

to CMS, whether personal or for the 

purpose of demonstration or to support 

a demonstration, are subject to 

inspection. We cannot assume 

responsibility for coordinating the 

receipt, transfer, transport, storage, setup, safety, or timely arrival of any 

personal belongings or items used for 

demonstration or to support a 

demonstration. 

V. Special Accommodations 

Individuals attending the meeting 

who are hearing or visually impaired 

and have special requirements, or a 

condition that requires special 

assistance, should provide the 

information upon registering for the 

meeting. The deadline for such 

registrations is listed in the DATES

section of this notice. 

VI. Collection of Information 

Requirements 

This document does not impose 

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). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: May 7, 2010. 

Marilyn Tavenner, 

Acting Administrator and Chief Operating 

Officer, Centers for Medicare & Medicaid 

Services. 

[FR Doc. 2010–12458 Filed 5–27–10; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–7018–N] 

Medicare Program; Meeting of the 

Advisory Panel on Medicare Education 

June 22, 2010. 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of meeting. 

SUMMARY: This notice announces a 

meeting of the Advisory Panel on 

Medicare Education (the Panel) in 

accordance with the Federal Advisory 

Committee Act. The Panel advises and 

makes recommendations to the 

Secretary of Health and Human Services 

and the Administrator of the Centers for 

Medicare & Medicaid Services on 

opportunities to enhance the 

effectiveness of consumer education 

strategies concerning the Medicare 

program. This meeting is open to the 

public. 

DATES: Meeting Date: Tuesday, June 22, 

2010 from 8:30 a.m. to 3 p.m., eastern 

daylight time (e.d.t.). 

Deadline for Meeting Registration, 

Presentations and Comments: Tuesday, 

June 15, 2010, 5 p.m., e.d.t. 

Deadline for Requesting Special 

Accommodations: Tuesday, June 8, 

2009, 5 p.m., e.d.t. 

ADDRESSES: Meeting Location: Hilton 

Washington Hotel Embassy Row, 2015 

Massachusetts Avenue, NW., 

Washington, DC 20036. 

Meeting Registration, Presentations, 

and Written Comments: Cindy Falconi, 

Acting Designated Federal Official 

(DFO), Division of Forum and 

Conference Development, Office of 

External Affairs, Centers for Medicare & 

Medicaid Services, 7500 Security 

Boulevard, Mailstop S1–13–05, 

Baltimore, MD 21244–1850 or contact 

Ms. Falconi via e-mail at 

Cindy.Falconi@cms.hhs.gov. 

Registration: The meeting is open to 

the public, but attendance is limited to 

the space available. Persons wishing to 

attend this meeting must register by 

contacting the DFO at the address listed 

in the ADDRESSES section of this notice 

or by telephone at number listed in the 

FOR FURTHER INFORMATION CONTACT

section of this notice, by the date listed 

in the DATES section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Falconi, (410) 786–6452. Please 

refer to the CMS Advisory Committees’ 

Information Line (1–877–449–5659 toll 

free)/(410–786–9379 local) or the 

Internet (http://www.cms.hhs.gov/ 

FACA/04_APME.asp) for additional 

information and updates on committee 

activities. Press inquiries are handled 

through the CMS Press Office at (202) 

690–6145. 

SUPPLEMENTARY INFORMATION: Section 

9(a)(2) of the Federal Advisory 

Committee Act authorizes the Secretary 

of Health and Human Services (the 

Secretary) to establish an advisory panel 

if the Secretary determines that the 

panel is ‘‘in the public interest in 

connection with the performance of 

duties imposed * * * by law.’’ Such 

duties are imposed by section 1804 of 

the Social Security Act (the Act), 

requiring the Secretary to provide 

informational materials to Medicare 

beneficiaries about the Medicare 

program, and section 1851(d) of the Act, 

requiring the Secretary to provide for 

‘‘activities * * * to broadly disseminate 

information to [M]edicare beneficiaries 

* * * on the coverage options provided 

under [Medicare Advantage] in order to 

promote an active, informed selection 

among such options.’’ 

The Panel is also authorized by 

section 1114(f) of the Act (42 U.S.C. 

1311(f)) and section 222 of the Public 

Health Service Act (42 U.S.C. 217a). The 

Secretary signed the charter establishing 

this Panel on January 21, 1999 (64 FR 

7899, February 17, 1999) and approved 

the renewal of the charter on January 21, 

2009 (74 FR 13442, March 27, 2009). 

The Panel advises and makes 

recommendations to the Secretary and 

the Administrator of the Centers for 

Medicare & Medicaid Services (CMS) on 

opportunities to enhance the 

effectiveness of consumer education 

strategies concerning the Medicare 

program. 

The goals of the Panel are as follows: 

• To provide recommendations on 

the development and implementation of 

a national Medicare education program 

that describes benefit options under 

Medicare. 

• To enhance the Federal 

government’s effectiveness in informing 

the Medicare consumer. 

• To make recommendations on how 

to expand outreach to vulnerable and 

underserved communities, including 

racial and ethnic minorities, in the 

context of a national Medicare 

education program. 

• To assemble an information base of 

best practices for helping consumers 

evaluate benefit options and build a 

community infrastructure for 

information, counseling, and assistance. 

The current members of the Panel are: 

Gwendolyn T. Bronson, SHINE/SHIP 

Counselor, Massachusetts SHINE 

Program; Yanira Cruz, PhD, President 

and Chief Executive Officer, National 

Hispanic Council on Aging; Stephen P. 

Fera, M.B.A., Vice President, Social 

Mission Programs, Independence Blue 

Cross; Nan-Kirsten Forte, Executive Vice 

President, Consumer Services, WebMD; 

Richard C. Frank, M.D., Director, Cancer 

Research, Whittingham Cancer Center; 

Cathy C. Graeff, R.Ph., M.B.A., Partner, 

Sonora Advisory Group; Carmen R. 

Green, M.D., Professor, Anesthesiology 

and Associate Professor, Health, 

Management, and Policy, University of 

Michigan; Jessie C. Gruman, PhD, 

President, Center for Advancing Health; 

Cindy Hounsell, J.D., President, 

Women’s Institute for a Secure 


jlentini on DSKJ8SOYB1PROD with NOTICES