Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices 6013

organization must meet the following 

requirements: 

a. Be composed (have physicians as 

owners or members) of at least 20 

percent of the licensed doctors of 

medicine and osteopathy practicing 

medicine or surgery in the State (that is, 

at least 20 percent of the practicing 

physicians in the State are owners of the 

QIO, or the QIO is owned by an entity 

which includes at least 20 percent of the 

practicing physicians in the State as 

members); or 

b. Be composed (have physicians as 

owners or members) of at least 10 

percent of the licensed doctors of 

medicine and osteopathy practicing 

medicine or surgery in the State, and 

demonstrate through means (for 

example, letters of support from 

physicians or physician organizations) 

acceptable to CMS that the organization 

is representative of an additional 10 

percent of the practicing physicians in 

the State; and 

c. Not be a health care facility, health 

care facility association, or health care 

facility affiliate. 

2. Physician-Access Organization 

To be eligible as a physician-access 

organization, the organization must 

meet the following requirements: 

a. Have arrangements with doctors of 

medicine or osteopathy, licensed and 

practicing in the State, to conduct 

review for the organization; 

b. Have available at least one 

physician, licensed in the State, from 

every generally recognized specialty and 

subspecialty who is in active practice in 

the review area; and 

c. Not be a health care facility, health 

care facility association, or health care 

facility affiliate. 

B. Have at Least One Individual Who Is 

a Representative of Consumers on Its 

Governing Board 

If one or more organizations meet the 

above requirements in one of the 7 QIO 

areas in this notice and submit 

statements of interest in accordance 

with this notice, we will consider those 

organizations to be potential sources for 

contract upon its expiration. These 

organizations will be entitled to 

participate in a full and open 

competition for the QIO contract to 

perform the QIO statement of work. 

III. Information Collection 

Requirements 

This notice contains information 

collection requirements that have been 

approved by the Office of Management 

and Budget (OMB) under the authority 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. Chapter 35) and assigned 

OMB Control Number 0938–0526 

entitled ‘‘Quality Improvement 

(formerly Peer Review) Organization, 

Contracts: Solicitation of Statements of 

Interest from In-State Organization, 

General Notice and Supporting 

Regulations.’’

Authority: Section 1153 of the Social 

Security Act (42 U.S.C. 1320c-2).

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance Program; and No. 93.774, 

Medicare-Supplementary Medical Insurance 

Program)

Dated: January 26, 2005. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services.

[FR Doc. 05–1878 Filed 1–27–05; 5:06 pm] 

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1299–N] 

Medicare Program; Monthly Payment 

Amounts for Oxygen and Oxygen 

Equipment for 2005, in Accordance 

with Section 302(c) of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS.

ACTION: Notice.

SUMMARY: This notice discusses a 

reduction in the 2005 monthly payment 

amounts for oxygen and oxygen 

equipment based on the percentage 

difference between Medicare’s 2002 

monthly payment amounts for each 

State and the median 2002 Federal 

Employee Health Benefit plan price 

reported by the Office of Inspector 

General. This reduction is required by 

section 302(c) of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003.

FOR FURTHER INFORMATION CONTACT: Joel 

Kaiser, (410) 786–4499, 

jkaiser@cms.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with section 302(c) of 

the Medicare Prescription Drug, 

Improvement, and Modernization Act of 

2003 (MMA) (Pub. L. 108–173, enacted 

on December 8, 2003), Medicare’s 

monthly payment amounts for oxygen 

and oxygen equipment for 2005 are to 

include a reduction based on the 

percentage difference between 

Medicare’s 2002 monthly payment 

amounts for each State and the median 

2002 Federal Employee Health Benefit 

(FEHB) plan price reported by the Office 

of Inspector General (OIG). The OIG has 

alerted us that they will need to collect 

additional information before the FEHB 

medians for oxygen and oxygen 

equipment and portable oxygen 

equipment are finalized. Therefore, 

Medicare claims for oxygen and oxygen 

equipment and portable oxygen 

equipment furnished on or after January 

1, 2005, and identified by the 

Healthcare Common Procedure Coding 

System codes listed below, will be 

temporarily paid based on the 2004 

monthly payment amounts. In 

accordance with the authority provided 

by section 1871(e)(1)(A)(ii) of the Social 

Security Act, we are making this change 

retroactive for items and services 

furnished on or after January 1, 2005, 

because we have determined that it 

would be contrary to the public interest 

to implement 2005 payment amounts 

based on preliminary and potentially 

erroneous data. 

• E0424—Stationary Compressed 

Gaseous Oxygen System, Rental: 

Includes container, contents, regulator, 

flowmeter, humidifier, nebulizer, 

cannula or mask, and tubing; 

• E0439—Stationary Liquid Oxygen 

System, Rental: Includes container, 

contents, regulator, flowmeter, 

humidifier, nebulizer, cannula or mask, 

and tubing; 

• E1390—Oxygen Concentrator, 

Single delivery port, capable of 

delivering 85 percent or greater oxygen 

concentration at the prescribed flow rate 

delivery port, capable of delivering 85 

percent or greater oxygen concentration 

at the prescribed flow rate; 

• E1391—Oxygen Concentrator, Dual 

delivery port, capable of delivering 85 

percent or greater oxygen concentration 

at the prescribed flow rate; 

• E0431—Portable Gaseous Oxygen 

System, Rental: Includes portable 

container, regulator, flowmeter, 

humidifier, cannula or mask, and 

tubing; 

• E0434—Portable Liquid Oxygen 

System, Rental: Includes portable 

container, supply reservoir, humidifier, 

flowmeter, refill adaptor, contents 

gauge, cannula or mask, and tubing. 

Once we receive the FEHB medians 

from the OIG, we will calculate and 

implement the 2005 monthly payment 

amounts and will begin paying claims 

using these amounts. These amounts 

will apply prospectively only. This is 

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

suppliers/dmepos/. Any future updates 

will also be published at this website.

6014 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices 

II. Provisions of the Notice 

The purpose of this notice is to notify 

the public that the OIG has informed us 

of their need for additional information 

before the provision may be used and 

implemented to reduce monthly 

payment amounts for oxygen and 

oxygen equipment, based on the 

percentage difference between 

Medicare’s 2002 monthly payment 

amounts for each State and the median 

2002 Federal Employee Health Benefit 

plan price reported by the OIG. 

III. 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. 

IV. Regulatory Impact Statement 

We have examined the impact of this 

notice as required by Executive Order 

12866 (September 1993, Regulatory 

Planning and Review), the Regulatory 

Flexibility Act (RFA) (September 19, 

1980, Pub. L. 96–354), section 1102(b) of 

the Social Security Act, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4), and Executive Order 13132. 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). A regulatory impact 

analysis (RIA) must be prepared for 

major rules with economically 

significant effects ($100 million or more 

in any 1 year). This notice does not 

reach the economic threshold and thus 

is not considered a major rule. 

The RFA requires agencies to analyze 

options for regulatory relief of small 

businesses. For purposes of the RFA, 

small entities include small businesses, 

nonprofit organizations, and 

government agencies. Most hospitals 

and most other providers and suppliers 

are small entities, either by nonprofit 

status or by having revenues of $6 

million to $29 million in any 1 year. 

Individuals and States are not included 

in the definition of a small entity. We 

are not preparing an analysis for the 

RFA because we have determined that 

this notice will not have a significant 

economic impact on a substantial 

number of small entities. In addition, 

section 1102(b) of the Act requires us to 

prepare a regulatory impact analysis if 

a rule may have a significant impact on 

the operations of a substantial number 

of small rural hospitals. This analysis 

must conform to the provisions of 

section 604 of the RFA. For purposes of 

section 1102(b) of the Act, we define a 

small rural hospital as a hospital that is 

located outside of a Metropolitan 

Statistical Area and has fewer than 100 

beds. We are not preparing an analysis 

for section 1102(b) of the Act because 

we have determined that this notice will 

not have a significant impact on the 

operations of a substantial number of 

small rural hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 also 

requires that agencies assess anticipated 

costs and benefits before issuing any 

rule that may result in expenditure in 

any 1 year by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $110 million. This 

notice will have no consequential effect 

on the governments mentioned or on the 

private sector. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

Since this regulation does not impose 

any costs on State or local governments, 

the requirements of E.O. 13132 are not 

applicable. 

In accordance with the provisions of 

Executive Order 12866, this document 

was not reviewed by the Office of 

Management and Budget.

Authority: Section 302(c) of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA).

(Catalog of Federal Domestic Assistance 

Program No. 93.774, MedicareSupplemental Medical Insurance 

Program)

Dated: January 19, 2005. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services.

[FR Doc. 05–2176 Filed 2–3–05; 8:45 am] 

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1366–N] 

Medicare Program; Meeting of the 

Practicing Physicians Advisory 

Council—March 7, 2005

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS.

ACTION: Notice.

SUMMARY: In accordance with section 

10(a) of the Federal Advisory Committee 

Act, this notice announces a meeting of 

the Practicing Physicians Advisory 

Council (the Council). The Council will 

be meeting to discuss certain proposed 

changes in regulations and carrier 

manual instructions related to 

physicians’ services, as identified by the 

Secretary of the Department of Health 

and Human Services (the Secretary). 

This meeting is open to the public.

DATES: The meeting is scheduled for 

Monday, March 7, 2005, from 8:30 a.m. 

until 5 p.m. e.s.t.

ADDRESSES: The meeting will be held in 

Room 705A 7th floor, in the Hubert H. 

Humphrey Building, 200 Independence 

Avenue, SW., Washington, DC 20201. 

Meeting Registration: Persons wishing 

to attend this meeting must contact John 

P. Lanigan, the Designated Federal 

Official (DFO) by e-mail at 

JLanigan@cms.hhs.gov or by telephone 

at (410) 786–2312, at least 72 hours in 

advance of the meeting to register. 

Persons not registered in advance will 

not be permitted to enter the Hubert H. 

Humphrey Building and will not be 

permitted to attend the Council meeting. 

Persons attending the meeting will be 

required to show a photographic 

identification, preferably a valid driver’s 

license, before entering the building.

FOR FURTHER INFORMATION CONTACT:

Kenneth Simon, M.D., Executive 

Director, Practicing Physicians Advisory 

Council, 7500 Security Blvd., Mail Stop 

C4–10–07, Baltimore, MD, 21244–1850, 

telephone (410) 786–2312,or e-mail 

Ksimon@cms.hhs.gov. News media 

representatives must contact the CMS 

Press Office, (202) 690–6145. Please 

refer to the CMS Advisory Committees 

Information Line (1–877–449–5659 toll 

free)/(410)786–9379 local) or the 

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

faca/ppac/default.asp for additional 

information and updates on committee 

activities.

SUPPLEMENTARY INFORMATION: The 

Secretary is mandated by section 

1868(a) of the Social Security Act (the