57296 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 

use the information to select PACE 

organizations and monitor their 

performance. Frequency: 

Recordkeeping, Reporting—Quarterly 

and Annually; Affected Public: Not-forprofit institutions, Federal Government 

and State, Local, or Tribal Government; 

Number of Respondents: 54; Total 

Annual Responses: 54; Total Annual 

Hours: 44,378. 

4. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: 1–800–

MEDICARE Customer Experience 

Questionnaire; Form Number: CMS–

10163 (OMB#: 0938–0963); Use: Section 

923 (d) of the Medicare Prescription 

Drug, Improvement and Modernization 

Act of 2003 established 1–800 

MEDICARE as the primary source of 

general Medicare information and 

assistance. As part of the Medicare 

Modernization Act (MMA), CMS must 

provide Part D eligibles and their 

representatives with the information 

they need to make informed decisions 

among the available choices for Part D 

coverage. Part D sponsors can start 

marketing their programs on October 1, 

2005. The initial enrollment period for 

the general population will occur from 

November 15, 2005 to May 15, 2006. 

The information collected from this 

survey will allow CMS to monitor 

callers’ satisfaction with various aspects 

of both the Interactive Voice 

Recognition (IVR) component and live 

Customer Service Representative (CSR) 

component of the 1–800 MEDICARE 

line. Timely feedback from customers 

on key satisfaction indicators will be 

used for continuous quality 

enhancement. Frequency: Reporting—

Weekly, Quarterly and Monthly; 

Affected Public: Individuals and 

Households; Number of Respondents: 

31,200; Total Annual Responses: 

31,200; Total Annual Hours: 4940. 

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/ 

regulations/pra/, or e-mail 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. 

To be assured consideration, 

comments and recommendations for the 

proposed information collections must 

be received at the address below, no 

later than 5 p.m. on November 29, 2005. 

CMS, Office of Strategic Operations 

and Regulatory Affairs, Division of 

Regulations Development, Attention: 

Bonnie L. Harkless, Room C4–26–05, 

7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 

Dated: September 21, 2005. 

Michelle Shortt, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 05–19245 Filed 9–29–05; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10146 and CMS–

10147] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Centers for Medicare & Medicaid 

Services (CMS), Department of Health 

and Human Services, is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the Agency’s function; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

1. Type of Information Collection 

Request: New Collection; Title of 

Information Collection: Notice of Denial 

of Medicare Prescription Drug Coverage; 

Form No.: CMS–10146 (OMB# 0938–

NEW); Use: Pursuant to 42 CFR 

423.568(c), if a Part D plan denies drug 

coverage, in whole or in part, the Part 

D plan must give the enrollee written 

notice of the coverage determination; 

Frequency: Other: Distribution; Affected 

Public: Business or other for profit, Notfor-profit institutions; Individuals or 

Households and Federal Government; 

Number of Respondents: 450; Total 

Annual Responses: 1,056,000; Total 

Annual Hours: 528,000. 

2. Type of Information Collection 

Request: New Collection; Title of 

Information Collection: Medicare 

Prescription Drug Coverage and Your 

Rights; Form No.: CMS–10147 (OMB # 

0938–NEW); Use: Pursuant to 42 CFR 

423.562(a)(3), a Part D plan sponsor 

must arrange with its network 

pharmacies to post or distribute notices 

informing enrollees to contact their plan 

to request a coverage determination or 

an exception if the enrollee disagrees 

with the information provided by the 

pharmacy; Frequency: Other: 

Distribution; Affected Public: Business 

or other for profit, Not-for-profit 

institutions; Individuals or Households 

and Federal Government; Number of 

Respondents: 41,000; Total Annual 

Responses: 35,000,000; Total Annual 

Hours: 583,333. 

To obtain copies of the supporting 

statement and any related forms for 

these paperwork collections referenced 

above, access CMS Web site address at 

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

pra/, or e-mail 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. 

To be assured consideration, 

comments and recommendations for the 

proposed information collections must 

be received by the OMB Desk Officer at 

the address below, no later than 5 p.m. 

on October 31, 2005. 

OMB Human Resources and Housing 

Branch, Attention: Christopher Martin, 

New Executive Office Building, Room 

10235, Washington, DC 20503. 

Dated: September 23, 2005. 

Michelle Shortt, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 05–19581 Filed 9–29–05; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1269–N6] 

Medicare Program; Emergency Medical 

Treatment and Labor Act (EMTALA) 

Technical Advisory Group (TAG): 

Announcement of a New Member 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice announces the 

selection of a new member of the 

Emergency Medical Treatment and 

Labor Act (EMTALA) Technical 

Advisory Group (TAG). The purpose of 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 57297 

the EMTALA TAG is to review 

regulations affecting hospital and 

physician responsibilities under 

EMTALA to individuals who come to a 

hospital seeking examination or 

treatment for medical conditions. 

FOR FURTHER INFORMATION CONTACT: 

Beverly J. Parker, (410) 786–5320. 

George Morey, (410) 786–4653. Press 

inquiries are handled through the CMS 

Press Office at (202) 690–6145. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 1866(a)(1)(I), 1866(a)(1)(N), 

and 1867 of the Social Security Act (the 

Act) impose specific obligations on 

Medicare-participating hospitals that 

offer emergency services. These 

obligations concern individuals who 

come to a hospital emergency 

department and request or have a 

request made on their behalf for 

examination or treatment for a medical 

condition. EMTALA applies to all these 

individuals, regardless of whether or not 

they are beneficiaries of any program 

under the Act. Section 1867 of the Act 

sets forth requirements for medical 

screening examinations for emergency 

medical conditions, as well as necessary 

stabilizing treatment or appropriate 

transfer. 

Regulations implementing the 

EMTALA legislation are set forth at 42 

CFR 489.20(l), (m), (q) and (r)(1), (r)(2), 

(r)(3), and 489.24. Section 945 of the 

Medicare Prescription Drug, 

Improvement, and Modernization Act of 

2003 (MMA) (Pub. L. 108–173), requires 

that the Secretary establish a Technical 

Advisory Group (TAG) for advice 

concerning issues related to EMTALA 

regulations and implementation. 

Section 945 of the MMA specifies that 

the EMTALA TAG—

• Shall review the EMTALA 

regulations; 

• May provide advice and 

recommendations to the Secretary 

concerning these regulations and their 

application to hospitals and physicians; 

• Shall solicit comments and 

recommendations from hospitals, 

physicians, and the public regarding 

implementation of such regulations; and 

• May disseminate information 

concerning the application of these 

regulations to hospitals, physicians, and 

the public. 

The EMTALA TAG, as chartered 

under the legal authority of section 945 

of the MMA, is also governed by the 

provisions of the Federal Advisory 

Committee Act (FACA) (5 U.S.C. 

Appendix 2) for the selection of 

members and the conduct of all 

meetings. 

In the May 28, 2004 Federal Register 

(69 FR 30654), we specified the 

statutory requirements regarding the 

charter, general responsibilities, and 

structure of the EMTALA TAG. That 

notice also solicited nominations for 

members based on the statutory 

requirements for the EMTALA TAG. In 

the August 27, 2004 Federal Register 

(69 FR 52699), we solicited nominations 

again for members in two categories 

(patient representatives and a State 

survey agency representative) for which 

no nominations were received in 

response to the May 28, 2004 Federal 

Register notice. In the March 15, 2005 

Federal Register (70 FR 12691), we 

announced the inaugural meeting of the 

EMTALA TAG and the membership 

selection. That meeting was held on 

March 30 and 31, 2005. On May 18, 

2005 (70 FR 28541) we announced the 

second meeting of the EMTALA TAG 

with a purpose to hear public testimony 

and consider written responses from 

medical societies and other 

organizations on specific issues 

considered by the EMTALA TAG at its 

inaugural meeting. The second TAG 

meeting was held on June 15, 16, and 

17, 2005. 

On September 23, 2005, (70 FR 

55903), we announced the third meeting 

of the EMTALA TAG, for the purpose of 

enabling the EMTALA TAG to hear 

additional testimony and further 

consider written responses from 

medical societies and other 

organizations on specific issues 

considered by the TAG at previous 

meetings. The third TAG meeting is 

scheduled for October 26, 27, and 28, 

2005 

II. Selection of New EMTALA TAG 

Member 

In the March 15, 2005 Federal 

Register (70 FR 12691), we announced 

the EMTALA TAG membership. One of 

those original members, a hospital 

representative, has been unable to 

complete his term of service. To enable 

the TAG to continue to function as 

required by section 945 of the MMA and 

to ensure that the concerns of hospitals 

are appropriately considered during 

TAG deliberations, another member has 

been selected to serve as a hospital 

representative. The new member is Rory 

Jaffe, M.D., M.B.A., of the University of 

California/Davis Medical Center. Dr. 

Jaffe was selected from the original list 

of nominees for the EMTALA TAG. 

Authority: Section 945 of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 23, 2005. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services. 

[FR Doc. 05–19484 Filed 9–29–05; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–3144–NC; 0938–ZA49] 

Medicare Program; Calendar Year 2005 

Review of the Appropriateness of 

Payment Amounts for New Technology 

Intraocular Lenses (NTIOLs) Furnished 

by Ambulatory Surgical Centers 

(ASCs) 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice with public comment 

period. 

SUMMARY: In this notice with public 

comment period, we announce the 

requests we have received from entities 

seeking review of the appropriateness of 

the Medicare payment amount for new 

technology lenses furnished by 

ambulatory surgical centers (ASCs). 

Interested parties submitted these 

requests for review in response to our 

May 27, 2005 Federal Register notice 

entitled ‘‘Medicare Program; Calendar 

Year 2005 Review of the 

Appropriateness of Payment Amounts 

for New Technology Intraocular Lenses 

(NTIOLs) Furnished by Ambulatory 

Surgical Centers (ASCs).’’ We received 

one timely application for review by the 

June 27, 2005 due date listed in that 

Federal Register notice. In this notice 

with comment period, we summarize 

the timely application received and 

solicit public comments on the one 

intraocular lens (IOL) under review. 

DATES: To be assured consideration, 

comments regarding the intraocular 

lenses specified in this notice must be 

received at one of the addresses 

provided below, no later than 5 p.m. on 

October 31, 2005. 

ADDRESSES: In commenting, please refer 

to file code CMS–3144–NC. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific issues 

in this notice to http://