Federal Register / Vol. 70, No. 231 / Friday, December 2, 2005 / Notices 72303 

SUPPLEMENTARY INFORMATION: 

I. Background 

House Appropriations Committee 

Report 108–636 includes a provision for 

the Health and Human Services 

Assistant Secretary for Planning and 

Evaluation (HHS/ASPE) and the Office 

of Management and Budget (OMB) to 

establish an interagency committee, to 

be coordinated by HHS. The 

committee’s role is to examine major 

Federal regulations governing the health 

care industry and to make suggestions 

regarding how health care regulation 

could be coordinated and simplified to 

reduce costs and burdens and improve 

translation of biomedical research into 

medical practice, while continuing to 

protect patients. The interagency 

committee will examine the economic 

impact of the major Federal regulations 

governing the health care industry, and 

will explore both immediate steps and 

longer-term proposals for reducing 

regulatory burden, while maintaining 

the highest quality health care and other 

patient protections. 

In accord with the House 

Appropriations Committee’s intent, 

ASPE and OMB have undertaken 

several complementary activities. The 

HHS/OMB interagency committee is 

conducting a comprehensive review of 

Federal health care regulations, 

guidance, and paperwork requirements 

in order to identify areas for reform. In 

order to facilitate the work of this 

committee, ASPE and OMB are 

soliciting public nominations of 

regulatory reforms in several ways. 

First, we published a notice in the 

Federal Register on October 4, 2005, 

soliciting public nominations of 

reforms. Second, we are holding a series 

of Town Hall meetings in several cities 

across the country to provide an 

opportunity for input from health care 

administrators, institutional providers, 

physicians, practitioners, patients, and 

others about the impact of regulations, 

and to identify other potential areas for 

reform. 

The purpose of this Federal Register 

notice is to give potential participants in 

these Town Hall meetings more 

information regarding how their 

participation and the information they 

provide can facilitate the consideration 

of their suggestions for regulatory 

reform. In particular, participants in the 

Town Hall meetings and individuals 

who submit written comments are 

requested to provide, to the extent 

feasible, an estimate of the economic 

impact of health care regulations, 

guidance documents, or paperwork 

requirements, and also to describe the 

methods used to calculate the economic 

impact of the regulations. The findings 

from the Town Hall meetings, other 

reform nominations and comments from 

the public, and the subsequent work of 

the HHS/OMB committee will be 

synthesized and included in a report to 

Congress. 

II. Registration 

Registration Procedures: Registration 

can be completed online at http:// 

aspe.hhs.gov/arrb/index.shtml. To 

register by telephone, contact Bridgette 

Saunders of Social and Scientific 

Systems at (301) 628–3158. (Social and 

Scientific Systems is the Contractor to 

HHS/ASPE to provide logistical support 

for the Town Hall meetings.) The 

following information must be provided 

when registering: Name, organization 

name and address, and consent to 

publish contact information on a 

participants list and other reports to 

document the Town Hall Meeting. A 

Social & Scientific Systems, Inc. staff 

member will confirm your registration 

by mail, e-mail, or fax. 

III. Presentations and Comment Format 

A. ‘‘5-Minute’’ Public Comment 

Presentations 

Meeting attendees can sign up at the 

meeting, on a first-come, first-served 

basis, to make 5-minute presentations. 

We ask that commenters focus on the 

economic impacts of health care 

regulations, and quantify these impacts 

to the extent possible. Depending on the 

number of persons who sign up to make 

public comments, we will decide 

whether additional time will be allotted. 

In order to offer the same opportunity to 

all attendees, there is no pre-registration 

for 5-minute speakers. Attendees can 

sign up only on the day of the meeting 

to make a 5-minute presentation. They 

must provide their name, title, and 

organization name on the sign-up sheet, 

and identify the general area of health 

care regulation that they will address. 

B. Written Comments From Meeting 

Attendees 

Written comments are welcome from 

the public regardless of attendance at a 

Town Hall Meeting or whether they 

make an oral presentation at a Town 

Hall Meeting. Written comments can be 

submitted either at the meeting, or 

before or after the meeting via e-mail to 

the mailboxes specified on the project 

Web site: http://aspe.hhs.gov/arrb/ 

index.shtml or via regular mail to Marty 

McGeein, Office of the Assistant 

Secretary for Planning and Evaluation, 

200 Independence Avenue, SW., 

Washington, DC 20201. Please note that 

electronic submissions are preferred due 

to delays in receiving U.S. Postal Mail. 

We are able to consider only those 

comments received in writing and/or 

via e-mail by 5 p.m. EST on February 9, 

2006. 

IV. Special Accommodations 

Individuals attending a meeting who 

are hearing- or visually-impaired and 

have special requirements, or a 

condition that requires special 

assistance or accommodations, must 

provide this information when 

registering for the meeting and 

accommodations will be made. 

Dated: November 29, 2005. 

Donald Young, 

Acting Assistant Secretary for Planning and 

Evaluation (ASPE), HHS. 

John D. Graham, 

Administrator, Office of Information and 

Regulatory Affairs (OIRA), OMB. 

[FR Doc. 05–23582 Filed 12–1–05; 8:45 am] 

BILLING CODE 4150–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10001, CMS–

10009, CMS–10167, and CMS–10062] 

Agency Information Collection 

Activities: Proposed Collection; 

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) 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 functions; 

(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: Extension of a currently 

approved collection; Title of 

Information Collection: HIPAA 

Nondiscrimination Provisions 

(Regulation HCFA 2022–IFC); Form 

72304 Federal Register / Vol. 70, No. 231 / Friday, December 2, 2005 / Notices 

Number: CMS–10001 (OMB#: 0938–

827); Use: The provisions of Title I of 

the Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) are 

designed to make it easier for people to 

access health care coverage; to reduce 

the limitations that can be put on the 

coverage; and to make it more difficult 

for issuers to terminate the coverage. 

Title I provisions are divided into group 

and individual market protections. The 

group provisions apply to employmentrelated group health plans and to the 

issuers who sell insurance in 

connection with group health plans. 

Section 2702 of the Public Health 

Service Act (PHS Act) (the HIPAA 

nondiscrimination provisions) establish 

rules generally prohibiting group health 

plans and group health insurance 

issuers from discriminating against 

individual participants or beneficiaries 

based on any health factor of such 

participants or beneficiaries.; 

Frequency: Third party disclosure, 

Reporting—Annually; Affected Public: 

Business or other-for-profit, Individuals 

or Households, Not-for-profit 

institutions, Federal government, and 

State, Local, or Tribal Government; 

Number of Respondents: 18; Total 

Annual Responses: 18; Total Annual 

Hours: 194. 

2. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: HIPAA 

Nondiscrimination Provisions 

(Regulation HCFA 2078–P); Form 

Number: CMS–10009 (OMB#: 0938–

819); Use: The provisions of Title I of 

the Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) are 

designed to make it easier for people to 

access health care coverage, to reduce 

the limitations that can be put on the 

coverage, and to make it more difficult 

for issuers to terminate the coverage. 

Title I provisions are divided into group 

and individual market protections. The 

group provisions apply to employmentrelated group health plans and to the 

issuers who sell insurance in 

connection with group health plans. 

Section 2702 of the Public Health 

Service Act (PHS Act—the HIPAA 

nondiscrimination provisions) establish 

rules generally prohibiting group health 

plans and group health insurance 

issuers from discriminating against 

individual participants or beneficiaries 

based on any health factor of such 

participants or beneficiaries.; 

Frequency: Third party disclosure, 

Reporting—Annually; Affected Public: 

Business or other-for-profit, Individuals 

or Households, Not-for-profit 

institutions, Federal government, and 

State, Local, or Tribal Government; 

Number of Respondents: 2600; Total 

Annual Responses: 2600; Total Annual 

Hours: 100. 

3. Type of Information Collection 

Request: New collection; Title of 

Information Collection: Competitive 

Acquisition Program (CAP) for Medicare 

Part B Drugs: CAP Physician Election 

Agreement; Form Number: CMS–10167 

(OMB#: 0938–NEW); Use: Beginning in 

2006, physicians will have a choice 

between acquiring and billing for Part B 

covered drugs under the Average Sales 

Price (ASP) drug payment methodology 

or electing to receive these drugs from 

vendors/suppliers selected for the CAP 

through a competitive bidding process. 

The provisions for this new payment 

system are described in the proposed 

rule entitled, ‘‘Medicare Program; 

Competitive Acquisition of Outpatient 

Drugs and Biologicals Under Part B,’’

that published March 4, 2005 (70 FR 

10746), the interim final rule entitled, 

‘‘Medicare Program; Competitive 

Acquisition of Outpatient Drugs and 

Biologicals Under Part B,’’ that 

published July 6, 2005 (70 FR 39022), 

and the final rule entitled, ‘‘Revisions to 

Payment Policies Under the Physician 

Fee Schedule for Calendar Year 2006,’’

that published on November 21, 2005. 

Competitive bidding is seen as a means 

of using the dynamics of the 

marketplace to provide incentives for 

suppliers to provide reasonably priced 

products and services of high quality in 

an efficient manner. The CAP’s 

objectives include the following: 1) to 

provide an alternative method for 

physicians to obtain Part B drugs to 

administer to Medicare beneficiaries; 

and 2) to reduce drug acquisition and 

billing burdens for physicians; 

Frequency: Reporting—Annually; 

Affected Public: Business or other-forprofit; Number of Respondents: 10,000; 

Total Annual Responses: 10,000; Total 

Annual Hours: 20,000. 

4. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Collection of 

Diagnostic Data from Medicare 

Advantage Organizations for Risk 

Adjusted Payments Supporting 

Regulations 42 CFR Part 422 Subparts F 

and G and 42 CFR Part 423 Subparts F 

and G; Form Number: CMS–10062 

(OMB#: 0938–0878); Use: Under the 

Medicare Prescription Drug Benefit, 

Improvement and Modernization Act of 

2003 (MMA), the Congress restructured 

the M+C program into the Medicare 

Advantage (MA) program, Part C, and 

added an outpatient prescription drug 

benefit, Part D. In accordance with 

mandates in these laws, the Secretary of 

the Department of Health and Human 

Services must implement health status 

risk adjustment, a payment 

methodology for Parts C and D that 

takes into account the health status of 

plan enrollees. CMS collects inpatient 

and outpatient data. Part C data is 

collected using the CMS–HCC 

(hierarchical condition category) model. 

Part D data will be collected using the 

CMS Rx-HCC model. The Rx-HCC 

model is different from the CMS–HCC 

model primarily in that it predicts plan 

liability for drug costs instead of 

medical/surgical costs for service under 

Parts A and B. CMS will use the data to 

make risk adjusted payment under Parts 

C and D. MA plans, Medicare 

Advantage Prescription Drug (MA–PD) 

plans, and stand-alone Prescription 

Drug Plans (PDP’s) will use the data to 

develop their Parts C and D bids.; 

Frequency: Reporting—Quarterly; 

Affected Public: Business or other-forprofit and Not-for-profit institutions; 

Number of Respondents: 505; Total 

Annual Responses: 14,091,370; Total 

Annual Hours: 8,351. 

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 January 31, 2006. 

CMS, Office of Strategic Operations and 

Regulatory Affairs, Division of 

Regulations Development—B, 

Attention: William N. Parham, III, 

Room C4–26–05, 7500 Security 

Boulevard, Baltimore, Maryland 

21244–1850. 

Dated: November 17, 2005. 

Michelle Shortt, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 05–23414 Filed 12–01–05; 8:45 am] 

BILLING CODE 4120–01–P