Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices 2595 

the public record. After thirty (30) days, 

the Commission will again review the 

agreement and the comments received, 

and will decide whether it should 

withdraw from the agreement or make 

final the agreement’s proposed order. 

The complaint alleges that respondent 

engaged in practices that violate Section 

5(a) of the Federal Trade Commission 

Act, 15 U.S.C. § 45(a), Section 144 of the 

Truth in Lending Act (‘‘TILA’’), 15 

U.S.C. § 1664, and Section 226.24 of 

Regulation Z, 12 C.F.R. § 226.24. 

Section 5(a) of the FTC Act prohibits 

unfair or deceptive acts or practices. 

Respondent violated Section 5(a) of the 

FTC Act, because it disseminated or has 

caused to be disseminated home loan 

advertisements which offer a low 

monthly payment amount and/or 

payment rate, but fail to disclose, or fail 

to disclose adequately, that this monthly 

payment amount and/or payment rate: 

(1) apply only for a limited period of 

time, after which they will increase; (2) 

do not include the amount of interest 

that the consumer owes each month; 

and (3) are less than the monthly 

payment amount (including interest) 

and/or the interest rate that the 

consumer owes, with the difference 

added to the total amount due from the 

consumer or total loan balance. This 

information would be material to 

consumers shopping for a mortgage loan 

and the failure to disclose, or failure to 

disclose adequately, this information is 

a deceptive practice. 

TILA and Regulation Z require that 

closed-end credit advertisers who state 

a periodic payment amount must also 

provide additional information in the 

advertisement, including the terms of 

repayment; the annual percentage rate 

(‘‘APR’’); and if the APR may be 

increased after consummation, that fact. 

TILA and Regulation Z also require that 

if an advertisement states a rate of 

finance charge it must state the rate as 

an APR. Currently, Regulation Z also 

requires that if the advertisement states 

a payment rate, it must include 

additional disclosures. Respondent’s 

advertisements failed to disclose, or 

failed to disclose clearly and 

conspicuously, this information 

required by TILA and Regulation Z. 

Respondent’s failure to disclose this 

information undermined consumers’ 

ability to compare these offers to others 

in the marketplace. Through its law 

enforcement actions, the Commission 

intends to promote compliance with the 

disclosure requirements of TILA and 

Regulation Z, and to foster comparison 

shopping for mortgage loans. 

The proposed consent order contains 

provisions designed to prevent 

respondent from violating the FTC Act 

or failing to make clear and conspicuous 

disclosures required by TILA and 

Regulation Z, as has been amended, see 

73 Fed. Reg. 44,522 (July 30, 2008), and 

as may be further amended in the 

future. 

Part I of the proposed order prohibits 

respondent, in connection with closedend credit, from advertising a monthly 

payment amount unless respondent 

discloses, clearly and conspicuously 

and in close proximity to those 

representations, as applicable, that the 

advertised monthly payment amount: 

(1) applies only for a limited period of 

time, after which it will increase; (2) 

does not include the amount of interest 

that the consumer owes each month; 

and (3) is less than the monthly 

payment amount (including interest) 

that the consumer owes, with the 

difference added to the total amount 

due from the consumer or total loan 

balance. 

Part II of the proposed order prohibits 

respondent, in connection with closedend credit, from advertising a rate lower 

than the rate at which interest is 

accruing, regardless of whether the rate 

is referred to as an ‘‘effective rate,’’ a 

‘‘payment rate,’’ a ‘‘qualifying rate,’’ or 

any other term, provided that this 

provision does not prohibit 

advertisement of the ‘‘annual percentage 

rate’’ or ‘‘APR.’’ In light of respondent’s 

deceptive use of payment rates in its 

advertisements, and the Federal Reserve 

Board’s amendments to Regulation Z 

banning the use of such rates effective 

October 1, 2009, the proposed order 

prohibits respondent from advertising 

any such rate, to ensure that 

respondent’s advertisements do not 

deceive consumers. See 73 Fed. Reg. at 

44,608. 

Part III of the proposed order 

prohibits respondent, in connection 

with consumer credit, from making 

representations about the consumer’s 

current lender unless respondent 

adequately discloses respondent’s name 

and identity as the entity offering the 

loan. 

Part IV of the proposed order 

prohibits respondent, in connection 

with closed-end credit, from advertising 

the amount of any payment, the number 

of payments or the period of repayment, 

or the amount of any finance charge, 

without disclosing, clearly and 

conspicuously, all of the terms required 

by TILA and Regulation Z, including the 

terms of repayment; the APR; and if the 

APR may be increased after 

consummation, that fact. 

Part V of the proposed order prohibits 

respondent, in connection with closedend credit, from stating a rate of finance 

charge without stating the rate as an 

APR, as required by TILA and 

Regulation Z. 

Part VI of the proposed order 

prohibits respondent from failing to 

comply in any respect with TILA or 

Regulation Z. 

Part VII of the proposed order 

contains a document retention 

requirement, the purpose of which is to 

ensure compliance with the proposed 

order. It requires that respondent 

maintain all records that will 

demonstrate compliance with the 

proposed order. 

Part VIII of the proposed order 

requires respondent to distribute copies 

of the order to various principals, 

officers, directors, and managers, and all 

current and future employees, agents 

and representatives having 

responsibilities with respect to the 

subject matter of the order. 

Part IX of the proposed order requires 

respondent to notify the Commission of 

any changes in its corporate structure 

that might affect compliance with this 

order. 

Part X of the proposed order requires 

respondent to file with the Commission 

one or more reports detailing 

compliance with the order. 

Part XI of the proposed order is a 

‘‘sunset’’ provision, dictating the 

conditions under which the order will 

terminate twenty years from the date it 

is issued or twenty years after a 

complaint is filed in federal court, by 

either the United States or the FTC, 

alleging any violations of the order. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order, and it is not intended 

to constitute an official interpretation of 

the agreement and proposed order or to 

modify in any way their terms. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–838 Filed 1–14–09: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Notice of Availability of Request for 

Information (RFI) Regarding the 

Potential Roles for HHS in Developing 

a Dynamic Environment To Encourage 

the Innovation and Diffusion of Medical 

Technologies That Enhance Health 

System Value 

AGENCY: Office of the Assistant 

Secretary for Planning and Evaluation, 

Department of Health and Human 

Services. 

ACTION: Request for information. 


jlentini on PROD1PC65 with NOTICES
2596 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices 

SUMMARY: The Department of Health and 

Human Services (HHS) is soliciting 

ideas and information relating to ways 

in which HHS could continue to 

improve its use of resources and 

authorities in encouraging the 

development and use of new medical 

technologies, consistent with the goals 

of (a) maintaining and improving the 

quality of care, (b) controlling overall 

healthcare costs, and (c) using timely 

and practical administrative procedures. 

This Request for Information is now 

available on the HHS Web site at 

http://aspe.hhs.gov/sp/ 

medtechinnovation/rfi. 

DATES: Responses should be submitted 

to the U.S. Department of Health and 

Human Services on or before 5 p.m., 

EDT, April 16, 2009. 

ADDRESSES: 

Instructions for Submitting 

Comments: Electronic responses are 

preferred and should be addressed to 

medtechinnovation@hhs.gov. Written 

responses should be addressed to the 

U.S. Department of Health and Human 

Services, Room 434E, 200 Independence 

Ave, SW., Washington, DC 20201. 

Attention: Medical Technology 

Innovation RFI. A copy of this RFI is 

available on the Web site of the 

Assistant Secretary for Planning and 

Evaluation at http://aspe.hhs.gov/sp/ 

medtechinnovation/rfi. 

The submission of comments in 

response to this notice should not 

exceed 25 pages, not including 

appendices and supplemental 

documents. Any information you 

submit will be made public. 

Consequently, please do not send any 

proprietary, commercial, financial, 

business confidential, trade secret, or 

personal information that you do not 

wish to be made public. 

Public Access: Responses to this RFI 

will be available to the public in the 

Policy Information Center, 200 

Independence Avenue, SW., 

Washington, DC, 20201. Please call 

(202) 690–6445 between 9 a.m. and 5 

p.m. to arrange access. 

FOR FURTHER INFORMATION CONTACT: 

Medical Technology Innovation Desk, 

Office of the Assistant Secretary for 

Planning and Evaluation, (202) 690– 

7858. 

Dated: January 12, 2009. 

Mary M. McGeein, 

Principal Deputy Assistant Secretary for 

Planning and Evaluation. 

[FR Doc. E9–807 Filed 1–14–09; 8:45 am] 

BILLING CODE 4151–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Healthcare Research and 

Quality 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Agency for Healthcare Research 

and Quality, HHS. 

ACTION: Notice. 

SUMMARY: This notice announces the 

intention of the Agency for Healthcare 

Research and Quality (AHRQ) to request 

that the Office of Management and 

Budget (OMB) approve the proposed 

information collection project: 

‘‘Improving Patient Flow and Reducing 

Emergency Department Crowding.’’ In 

accordance with the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

3506(c)(2)(A), AHRQ invites the public 

to comment on this proposed 

information collection. 

DATES: Comments on this notice must be 

received by March 16, 2009. 

ADDRESSES: Written comments should 

be submitted to: Doris Lefkowitz, 

Reports Clearance Officer, AHRQ, by email at doris.lefkowitz@ahrq.hhs.gov. 

Copies of the proposed collection plans, 

data collection instruments, and specific 

details on the estimated burden can be 

obtained from the AHRQ Reports 

Clearance Officer. 

FOR FURTHER INFORMATION CONTACT: 

Doris Lefkowitz, AHRQ Reports 

Clearance Officer, (301) 427–1477, or by 

e-mail at doris.lefkowitz@ahrq.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Proposed Project 

‘‘Improving Patient Flow and Reducing 

Emergency Department Crowding’’ 

AHRQ proposes to study 

implementation of strategies from the 

Urgent Matters (UM) Toolkit for 

improving patient flow in emergency 

departments (ED). UM, a Robert Wood 

Johnson Foundation (RWJF) funded 

initiative, began as a collaborative of 10 

urban, safety net hospitals that 

experimented with a variety of strategies 

(now included in the ‘‘UM Toolkit’’) 

designed to relieve ED crowding. The 

first phase of this initiative 

demonstrated that reductions in ED 

crowding were achievable without 

investment of significant financial 

resources. However, implementation of 

these strategies has not been 

widespread, and questions remain about 

how readily the strategies could be 

implemented in a more diverse group of 

hospitals, and the associated costs and 

outcomes of implementation. This study 

is funded by a grant from RWJF to 

AHRQ. 

Six diverse hospitals have been 

selected for this study of the 

implementation of strategies from the 

UM Toolkit for improving ED patient 

flow. This study poses a common 

outcome goal across all six sites of 

improving patient flow and reducing ED 

crowding, but requires each hospital to 

select strategies that fit its own needs 

amid context. This approach rests on 

innovation research showing that 

organizational innovations are more 

successful when they are aligned with 

features of the adopting hospital. 

Participating hospitals will select 

strategies from the UM Toolkit that they 

believe will work best to address the 

particular problems they face. The six 

hospitals have agreed to participate in a 

collaborative run by the UM National 

Program Office (NPO) over the course of 

this study to facilitate the sharing of 

data and experiences while the project 

is under way. 

This study will document the 

experiences of a diverse set of hospital 

EDs as they identify and implement ED 

patient flow improvement strategies. 

The six case study hospitals were 

selected to reflect diversity of size, 

ownership, teaching status, safety net 

status, and types of challenges with ED 

crowding. 

Research methods will include 

observational site visits, in-person and 

telephone interviews, and the analysis 

of cost data. AHRQ’s contractor for this 

study, Health Research & Educational 

Trust (HRET), will perform analysis of 

secondary data on ED performance 

measures; this secondary data will be 

provided to HRET by the Urgent Matters 

NPO. These qualitative and quantitative 

methods will be used to: 

• Study the processes through which 

hospitals decide upon and adopt patient 

flow improvement strategies; 

• Identify facilitators and barriers to 

the implementation and maintenance of 

these strategies; 

• Document changes in patient flow, 

patient satisfaction, and staff 

satisfaction associated with the 

implementation of strategies and 

processes; 

• Generate estimates of the costs of 

adopting the strategies; 

• Identify issues associated with the 

reporting of ED performance measures, 

and 

• Develop lessons for hospitals 

considering the adoption of patient flow 

improvement strategies. 

The study will not be used to answer 

questions about causality or degrees of 

effectiveness (e.g to what degree did a 


jlentini on PROD1PC65 with NOTICES