### 31558 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Notices

Demonstration. Form Number: CMS– 10471 (OCN: 0938–NEW); Frequency: Yearly; Affected Public: Private sector(business or other for-profit and not-forprofit institutions) and State and Local Governments; Number of Respondents: 285; Total Annual Responses: 285; Total Annual Hours: 324. (For policy questions regarding this collection contact Andrea Glasgow at 410–786– 4695. 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 23, 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

___, Room C4–26–05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850.

Dated: May 21, 2013. Martique Jones, Deputy Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2013–12469 Filed 5–23–13; 8:45 am]

**BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND**  **HUMAN SERVICES**

**Centers for Medicare & Medicaid Services** 

**[CMS–1458–N]**

**Medicare Program; Second Semi Annual Meeting of the Advisory Panel**  **on Hospital Outpatient Payment (HOP Panel) August 26–27, 2013** 

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS).

**ACTION :**  Notice.

**SUMMARY :**  This notice announces the second semi-annual meeting of the Advisory Panel on Hospital Outpatient Payment (HOP, the Panel) for 2013. The purpose of the panel is 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) on the clinical integrity of the Ambulatory Payment Classification (APC) groups and their associated weights, and hospital outpatient therapeutic services supervision issues.

**DATES :**  Meeting Date: The second semiannual meeting in 2013 is scheduled for the following dates and times. The times listed in this notice are Eastern Daylight Time (EDT) and are approximate times; consequently, the meetings may last longer than the times listed in this notice, but will not begin before the posted times:

• Monday, August 26, 2013, 1 p.m. to 5 p.m. EDT.

• Tuesday, August 27, 2013, 9 a.m. to 5 p.m. EDT.

Meeting Information Updates: The actual meeting hours and days will be posted in the agenda. As information and updates regarding the onsite and webcaste meeting, agenda, and presentations become available, they will be posted on the CMS Web site at:http://cms.gov/Regulations-andGuidance/Guidance/FACA/Advisory PanelonAmbulatoryPayment ClassificationGroups.html

Deadlines Deadline for Presentations and Comments

The email copy of a presentation or comment and form CMS–20017 must be in the Designated Federal Official’s (DFO’s) email inbox (APCPanel@cms.hhs.gov ) by 5 p.m. EDT, Friday, July, 19, 2013. The hardcopy of the presentation must be received by the DFO on or before Friday, July 26, 2013. Presentations and comments not received by the due dates will be considered late and will not be included on the agenda. (See below for submission instructions for both hardcopy and electronic submissions.)

Meeting Registration Timeframe: Monday, July 08, 2013 through Friday, August 09, 2013 at 5 p.m. EDT.

Participants planning to attend this meeting in person must register online, during the above specified timeframe at: https://www.cms.gov/apps/events/ default.asp. On this Web page, double click the ‘‘Upcoming Events’’ hyperlink, and then double click the ‘‘HOP Panel’’ event title link and enter the required information. Include any requests for special accommodations.

Participants who do not plan to attend this meeting in person should not register. No registration is required for participants who plan to view the meeting via webcast.

Submission Instructions for Presentations and Comments

Because of staffing and resource limitations, we cannot accept written comments and or presentations by FAX. Meeting Location and Webcast

The meeting will be held in the CMS Central Office, Auditorium, 7500 Security Boulevard, Woodlawn, Maryland 21244–1850.

Alternately, the public may view this meeting via a webcast. During the scheduled meeting, webcasting is accessible online at: http://cms.gov/live

or http://www.ustream.tv. Viewers interested in receiving the webcast from http://www.ustream.tv will need to type ‘‘CMS Public Events’’ in the search bar to access the webcast.

**FOR FURTHER INFORMATION CONTACT :**  For inquiries about the panel, contact the DFO:

Chuck Braver, 7500 Security Boulevard, Mail Stop: C4–05–17, Woodlawn, MD 21244–1850. Phone: (410) 786–3985. Email: APCPanel@cms.hhs.gov

.

Mail hardcopies and email copies to the following addresses: Chuck Braver, DFO, CMS, CM, HAPG, DOC—HOP Panel, 7500 Security Blvd. Mail Stop: C4–05–17, Woodlawn, MD 21244–1850. Email: APCPanel@cms.hhs.gov

Note: We recommend that you advise couriers of the following information: When delivering hardcopies of presentations to CMS, call (410) 786–4532 or (410) 786–6719 to ensure receipt of documents by appropriate staff.

News Media: Representatives must contact our Public Affairs Office at (202)
690–6145.


### 31559 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Notices

Advisory Committees’ Information Lines: The phone number for the CMS Federal Advisory Committee Hotline is (410) 786–3985.

Web sites: For additional information on the panel and updates to the panel’s activities, we refer readers to view our Web site at the following: http://www. cms.gov/Regulations-and-Guidance/ Guidance/FACA/AdvisoryPanelon AmbulatoryPaymentClassification Groups.html.

You may also search information about the panel and its membership in the Federal Advisory Committee Act (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) and section 222 of the Public Health Service Act (PHS Act) to consult with an expert outside advisory panel regarding the clinical integrity of the Ambulatory Payment Classification (APC) groups and relative payment weights. The panel (which was formerly known as the Advisory panel on Ambulatory Payment Classification Groups) is governed by the provisions of the Federal Advisory Committee Act (Pub. L. 92–463), as amended (5 U.S.C. Appendix 2), to set forth standards for the formation and use of advisory panels.

The Charter provides that the panel shall meet up to 3 times annually. We consider the technical advice provided by the panel as we prepare the proposed and final rules to update the outpatient prospective payment system (OPPS). II. Agenda

The agenda for the August 2013 meeting will provide for discussion and comment on the following topics as designated in the panel’s charter:

• Addressing whether procedures within an APC group are similar both clinically and in terms of resource use.

• Evaluating APC group weights.

• Reviewing the packaging of OPPS services and costs, including the methodology and the impact on APC groups and payment.

• Removing procedures from the inpatient list for payment under the OPPS.

• Using single and multiple procedure claims data for CMS’ determination of APC group weights.

• Addressing other technical issues concerning APC group structure.

• Recommending the appropriate supervision level (general, direct, or personal) for individual hospital outpatient therapeutic services.

III. Presentation

The presentation subject matter must be within the scope of the panel designated in the Charter. The subject matter will be limited to these and related topics. Unrelated topics include, but are not limited to, the conversion factor, charge compression, revisions to the cost report, pass-through payments, correct coding, new technology applications (including supporting information/documentation), provider payment adjustments, hospital outpatient supervision of diagnostic services and the types of practitioners who are permitted to supervise hospital outpatient services. The panel may not recommend that services be designated as nonsurgical extended duration therapeutic services.

The panel may use data collected or developed by entities and organizations, other than the DHHS and CMS in conducting its review. We recommend organizations submit data for the panel’s and CMS staff’s review. The Agenda will be posted on the CMS Web site before the meeting.

All presentations are limited to 5 minutes total presentation time, regardless of the number of individuals or organizations represented by a single presentation. Presenters may use their 5 minutes to represent either one or more agenda items.

All presentations will be considered public information and may be posted on the CMS Web site and will be shared with the public. Presentations may not contain any pictures, illustrations, or personally identifiable information.

To consider presentation and/or comment requests, we will need to receive the following information:

• A hardcopy of your presentation; only hardcopy comments and presentations can be reproduced for public dissemination.

• An email copy of your presentation sent to the DFO mailbox, APCPanel@cms.hhs.gov

.

• Form CMS–20017 with complete contact information that includes name, address, phone number, and email addresses for all presenters and a contact that can answer any questions and or provide revisions that are requested for the presentation.

• Presenters must clearly explain the actions that they are requesting CMS to take in the appropriate section of the form. A presenter’s relationship to the organization that they represent must also be clearly listed.

• 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

. IV. Oral Comments

In addition to formal oral presentations, which are limited to 5 minutes total per presentation, there will be an 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. V. Meeting Attendance

The meeting is open to the public; however, attendance is limited to space available. Priority will be given to those who pre-register, and attendance may be limited based on the number of registrants and the space available.

Persons wishing to attend this meeting must register by following the instructions in the ‘‘Meeting Registration Timeframe’’ section of this notice. A confirmation email will be sent to the registrants shortly after completing the registration process. VI. Security, Building, and Parking Guidelines

The meeting will be held in a Federal government building; therefore, federal security measures are applicable.

The following are the security, building, and parking guidelines:

• Persons attending the meeting,including presenters, must be preregistered and on the attendance list by the prescribed date.

• Individuals who are not preregistered in advance may not be permitted to enter the building and may be unable to attend the meeting.

• Attendees must present valid government-issued photographic identification to the Federal Protective Service or Guard Service personnel before entering the building. Persons without proper identification will be denied access to the building.

• Security measures include inspection of vehicles, inside and out, at the entrance to the grounds.

• All persons entering the building must pass through a metal detector.

• All items brought into CMS including personal items, for example, laptops and cell phones are subject to physical inspection.

• The public may enter the building 30 to 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.


### 31560 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Notices

VII. Special Accommodations

Individuals attending the meeting who are hearing or visually impaired and have special requirements or other special accommodations must include the request for these services during registration.

VIII. Panel Recommendations and Discussions

The panel’s recommendations at any panel meeting generally are not final until they have been reviewed and approved by the panel on the last day of the meeting, before the final adjournment. These recommendations will be posted to our Web site after the meeting.

IX. 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 Program; and No. 93.774, Medicare—Supplementary Medical Insurance Program)

Dated: May 17, 2013. Marilyn Tavenner, Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2013–12466 Filed 5–23–13; 8:45 am]

**BILLING CODE 4120–01–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**Centers for Medicare & Medicaid Services** 

**[CMS–1451–N]**

**Medicare Program; Public Meeting in Calendar Year 2013 for New Clinical**  **Laboratory Test 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 new or substantially revised Healthcare Common Procedure Coding System (HCPCS) codes being considered for Medicare payment under the clinical laboratory fee schedule (CLFS) for calendar year (CY) 2014.

**DATES :**  Meeting Date: The public meeting is scheduled for Wednesday, July 10, 2013, from 9:00 a.m. to 3:00 p.m., Eastern Daylight Savings Time (EDST).

Deadline for Registration of Presenters and Submission of Presentations: All presenters for the public meeting must register and submit their presentations electronically to Glenn McGuirk at Glenn.McGuirk@cms.hhs.gov by June 28, 2013 (EDST).

Deadline for Submitting Requests for Special Accommodations: Requests for special accommodations must be received no later than 5:00 p.m. on June 28, 2013 (EDST).

Deadline for Submission of Written Comments: We intend to publish our proposed determinations for new and reconsidered codes for CY 2014 by early September. Interested parties may submit written comments on these proposed determinations by September 27, 2013 (EDST), to the address specified in the **ADDRESSES** section of this notice or electronically to Glenn McGuirk at Glenn.McGuirk@cms.hhs.gov.

**ADDRESSES :**  The public meeting will be held in the main auditorium of the Centers for Medicare & Medicaid Services (CMS), Central Building, 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 tests are in accordance with the procedures published in the November 23, 2001 notice (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 requires the Secretary to establish by regulation procedures for determining the basis for, and amount of, payment for any clinical diagnostic laboratory test with respect to which a new or substantially revised Healthcare Common Procedure Coding System (HCPCS) code is assigned on or after January 1, 2005 (hereinafter referred to as ‘‘new tests’’). A code is considered to be substantially revised if ‘‘there is a substantive change to the definition of the test or procedure to which the code applies (such as a new analyte or a new methodology for measuring an existing analyte-specific test).’’ (See section 1833(h)(8)(E)(ii) of the Act.)

Section 1833(h)(8)(B) of the Act sets forth the process for determining the basis for, and the amount of, payment for new tests. Section 1833(h)(8)(B)(i) and (ii) of the Act requires the Secretary to make available to the public a list that includes any such test for which establishment of a payment amount is being considered for a year and on the same day the list is made available, cause to have published in the Federal Register notice of a meeting to receive comments and recommendations (including accompanying data, which recommendations are based) from the public on the appropriate basis for establishing payment amounts for the tests on such list. This list of codes for which the establishment of a payment amount under the clinical laboratory fee schedule (CLFS) is being considered for calendar year (CY) 2014 is posted on the CMS Web site at http://www.cms.hhs. gov/ClinicalLabFeeSched.

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.

Two methods are used to establish payment amounts for new tests. The first method called ‘‘crosswalking’’ is used when a new test is determined to be comparable to an existing test code, multiple existing test codes, or a portion of an existing test code. The new test code is assigned the local fee schedule amounts and the national limitation amount of the existing test. Payment for the new test is made at the lesser of the local fee schedule amount or the national limitation amount (See 42 CFR 414.508(a)).

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 carrier geographic area for use in the