Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 24017 

to the facility’s plan of correction in 

a timely manner. 

—CHAP’s capacity to provide us with 

electronic data and reports necessary 

for effective validation and 

assessment of the organization’s 

survey process. 

—The adequacy of CHAP’s staff and 

other resources, and its financial 

viability. 

—CHAP’s capacity to adequately fund 

required surveys. 

—CHAP’s policies with respect to 

whether surveys are announced or 

unannounced, to assure that surveys 

are unannounced. 

—CHAP’s agreement to provide us with 

a copy of the most current 

accreditation survey together with any 

other information related to the 

survey as we may require (including 

corrective action plans). 

IV. Response to Public Comments and 

Notice Upon Completion of Evaluation 

Because of the large number of public 

comments we normally receive on 

Federal Register documents, we are not 

able to acknowledge or respond to them 

individually. We will consider all 

comments we receive by the date and 

time specified in the DATES section of 

this preamble, and, when we proceed 

with a subsequent document, we will 

respond to the comments in the 

preamble to that document. 

Upon completion of our evaluation, 

including evaluation of comments 

received as a result of this notice, we 

will publish a final notice in the Federal 

Register announcing the result of our 

evaluation. 

V. 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. 93.778, Medical Assistance 

Program; No. 93.773 Medicare—Hospital 

Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: May 14, 2009. 

Charlene Frizzera, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E9–12031 Filed 5–21–09; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1407–N] 

Medicare Program; Public Meeting in 

Calendar Year 2009 for New Clinical 

Laboratory Tests Payment 

Determinations 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice announces a 

public meeting to receive comments and 

recommendations (and data on which 

recommendations are based) from the 

public on the appropriate basis for 

establishing payment amounts for a 

specified list of new Clinical Procedural 

Terminology (CPT) codes for clinical 

laboratory tests in calendar year (CY) 

2010. The meeting provides a forum for 

interested parties to make oral 

presentations and submit written 

comments on the new codes that will be 

included in Medicare’s Clinical 

Laboratory Fee Schedule for CY 2010, 

which will be effective on January 1, 

2010. The development of the codes for 

clinical laboratory tests is largely 

performed by the CPT Editorial Panel 

and will not be further discussed at the 

Centers for Medicare & Medicaid 

Services (CMS) meeting. 

DATES: Meeting Date: The public 

meeting is scheduled for Tuesday, July 

14, 2009 from 9 a.m. to 2 p.m., Eastern 

Standard Time (E.S.T.). 

Deadline for Registration of 

Presenters: All presenters for the public 

meeting must register by July 9, 2009. 

Deadline for Submitting Requests for 

Special Accommodations: Requests for 

special accommodations must be 

received no later than 5 p.m., E.S.T. on 

July 9, 2009, the final day of 

registration. 

Deadline for Submission of Written 

Comments: Interested parties may 

submit written comments on the 

proposed payment determinations by 

September 18, 2009, to the address 

specified in the ADDRESSES section of 

this notice. 

ADDRESSES: The public meeting will be 

held in the main auditorium of the 

central building of the Centers for 

Medicare & Medicaid Services (CMS), 

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) required 

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 clinical laboratory tests are in 

accordance with the procedures 

published on November 23, 2001 in the 

Federal Register (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)(B) 

of the Act, which sets forth the methods 

for determining payment bases for new 

tests. Section 1833(h)(8)(A) of the Act 

states that new tests are any clinical 

diagnostic laboratory tests with respect 

to which a new or substantially revised 

health care common procedures code 

(HCPCS) is assigned on or after January 

1, 2005 (hereinafter referred to as, ‘‘new 

test’’ or ‘‘new clinical laboratory test’’). 

Pertinent to this notice, section 

1833(h)(8)(B)(i) and (ii) of the Act 

requires the Secretary to make available 

to the public a list that includes new 

tests for which establishment of a 

payment amount is being considered for 

a year and, on the same day that the list 

is made available, to publish in the 

Federal Register a notice of a meeting 

to receive comments and 

recommendations (and data on which 

recommendations are based) from the 

public on the appropriate basis for 

establishing payment amounts for new 

tests. 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. 

A newly created Current Procedural 

Terminology (CPT) code can either 

represent a refinement or modification 

of existing test methods, or a 

substantially new test method. The 

preliminary list of newly created CPT 

codes for calendar year (CY) 2010 will 

be published on our Web site at 

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

ClinicalLabFeeSched when this notice is 

published in the Federal Register. 

Two methods are used to establish 

payment amounts for new tests 


erowe on PROD1PC63 with NOTICES
24018 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 

included in the CY 2010 Clinical 

Laboratory Fee Schedule. The first 

method, called cross-walking, is used 

when a new test is determined to be 

comparable to an existing test, multiple 

existing test codes, or a portion of an 

existing test code. The new test code is 

then assigned the related existing local 

fee schedule amounts and the related 

existing national limitation amount. 

Payment for the new test is made at the 

lesser of the local fee schedule amount 

or the national limitation amount. 

The second method, called gap-filling, 

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 geographic area(s) for use in the 

first year. These determinations are 

based on the following sources of 

information, if available: Charges for the 

test and routine discounts to charges; 

resources required to perform the test; 

payment amounts determined by other 

payers; and charges, payment amounts, 

and resources required for other tests 

that may be comparable or otherwise 

relevant. The carrier-specific amounts 

are used to establish a national 

limitation amount for the following 

years. For each new clinical laboratory 

test code, a determination must be made 

to either cross-walk or gap-fill. 

II. Format 

This meeting is open to the public. 

The on-site check-in for visitors will be 

held from 8:30 a.m., E.S.T. to 9 a.m., 

E.S.T., followed by opening remarks. 

Registered persons from the public may 

discuss and recommend payment 

determinations for specific new test 

codes for the CY 2010 Clinical 

Laboratory Fee Schedule. 

Oral presentations must be brief and 

must be accompanied by three written 

copies. Presenters may also make copies 

available for approximately 50 meeting 

participants. Presenters should address 

the following: 

• New test code(s) and descriptor. 

• Test purpose and method. 

• Costs. 

• Charges. 

• Make a recommendation with 

rationale for one of two methods (crosswalking or gap-fill) for determining 

payment for new tests. 

Additionally, the presenters should 

provide the data on which their 

recommendations are based. 

Presentations that do not address the 

above five items may be considered 

incomplete and may not be considered 

by CMS when making a payment 

determination. CMS may request 

missing information following the 

meeting in order to prevent a 

recommendation from being considered 

incomplete. 

A summary of the proposed new test 

codes and the payment 

recommendations that are presented 

during the public meeting will be 

posted on our Web site by early 

September 2009 and can be accessed at 

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

ClinicalLabFeeSched. 

In addition, the summary will list 

other comments received by July 29, 

2009 (15 days after the meeting). The 

summary will also display our proposed 

payment determinations, an explanation 

of the reasons for each determination, 

and the data on which the 

determinations are based. Interested 

parties may submit written comments 

on the proposed payment 

determinations by September 18, 2009, 

to the address specified in the 

ADDRESSES section of this notice. Final 

payment determinations will be posted 

on our Web site in October 2009. Each 

determination will include a rationale, 

data on which the determination is 

based, and responses to comments and 

suggestions received from the public. 

After the final payment 

determinations have been posted on our 

Web site, the public may request 

reconsideration of the payment 

determinations as set forth in 42 CFR 

414.509. See also (72 FR 66275 through 

66280). 

III. Registration Instructions 

The Division of Ambulatory Services 

in CMS is coordinating the public 

meeting registration. Beginning June 15, 

2009, registration may be completed online at the following Web address: 

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

ClinicalLabFeeSched. The following 

information must be submitted when 

registering: 

• Name. 

• Company name. 

• Address. 

• Telephone number(s). 

• E-mail address(es). 

When registering, individuals who 

want to make a presentation must also 

specify on which new clinical 

laboratory test code(s) they will be 

presenting comments. A confirmation 

will be sent upon receipt of the 

registration. Individuals must register by 

the date specified in the DATES section 

of this notice. 

IV. Security, Building, and Parking 

Guidelines 

The meeting will be held in a Federal 

government building; therefore, Federal 

security measures are applicable. In 

planning your arrival time, we 

recommend allowing additional time to 

clear security. It is suggested that you 

arrive at the CMS facility between 8:15 

a.m and 8:30 a.m., E.S.T. so that you 

will be able to arrive promptly at the 

meeting by 9 a.m., E.S.T. Individuals 

who are not registered in advance will 

not be permitted to enter the building 

and will be unable to attend the 

meeting. The public may not enter the 

building earlier than 8:15 a.m., E.S.T. 

(45 minutes before the convening of the 

meeting). 

Security measures include the 

following: 

• Presentation of government-issued 

photographic identification to the 

Federal Protective Service or Guard 

Service personnel. Persons without 

proper identification may be denied 

access to the building. 

• Interior and exterior inspection of 

vehicles (this includes engine and trunk 

inspection) at the entrance to the 

grounds. Parking permits and 

instructions will be issued after the 

vehicle inspection. 

• Passing through a metal detector 

and inspection of items brought into the 

building. We note that all items brought 

to CMS, whether personal or for the 

purpose of demonstration or to support 

a demonstration, are subject to 

inspection. We cannot assume 

responsibility for coordinating the 

receipt, transfer, transport, storage, setup, safety, or timely arrival of any 

personal belongings or items used for 

demonstration or to support a 

demonstration. 

V. Special Accommodations 

Individuals attending the meeting 

who are hearing or visually impaired 

and have special requirements, or a 

condition that requires special 

assistance, should provide the 

information upon registering for the 

meeting. The deadline for registration is 

listed in the DATES section of this notice. 

VI. 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; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 


erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 24019 

Dated: May 14, 2009. 

Charlene Frizzera, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E9–12030 Filed 5–21–09; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Subcommittee on Procedures 

Reviews, Advisory Board on Radiation 

and Worker Health (ABRWH), National 

Institute for Occupational Safety and 

Health (NIOSH) 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the following meeting for the 

aforementioned subcommittee: 

Time and Date: 10 a.m.–5 p.m., June 9, 

2009. 

Place: Cincinnati Airport Marriott, 2395 

Progress Drive, Hebron, Kentucky 41018. 

Telephone (859) 334–4611, Fax (859) 334– 

4619. 

Status: Open to the public, but without a 

public oral comment period. To access by 

conference call dial the following 

information 1 (866) 659–0537, Participant 

Pass Code 9933701. 

Background: The Advisory Board was 

established under the Energy Employees 

Occupational Illness Compensation Program 

Act of 2000 to advise the President on a 

variety of policy and technical functions 

required to implement and effectively 

manage the new compensation program. Key 

functions of the Advisory Board include 

providing advice on the development of 

probability of causation guidelines that have 

been promulgated by the Department of 

Health and Human Services (HHS) as a final 

rule; advice on methods of dose 

reconstruction which have also been 

promulgated by HHS as a final rule; advice 

on the scientific validity and quality of dose 

estimation and reconstruction efforts being 

performed for purposes of the compensation 

program; and advice on petitions to add 

classes of workers to the Special Exposure 

Cohort (SEC). 

In December 2000, the President delegated 

responsibility for funding, staffing, and 

operating the Advisory Board to HHS, which 

subsequently delegated this authority to CDC. 

NIOSH implements this responsibility for 

CDC. The charter was issued on August 3, 

2001, renewed at appropriate intervals, and 

will expire on August 3, 2009. 

Purpose: The Advisory Board is charged 

with (a) Providing advice to the Secretary, 

HHS, on the development of guidelines 

under Executive Order 13179; (b) providing 

advice to the Secretary, HHS, on the 

scientific validity and quality of dose 

reconstruction efforts performed for this 

program; and (c) upon request by the 

Secretary, HHS, advise the Secretary on 

whether there is a class of employees at any 

Department of Energy facility who were 

exposed to radiation but for whom it is not 

feasible to estimate their radiation dose, and 

whether there is reasonable likelihood that 

such radiation doses may have endangered 

the health of members of this class. The 

Subcommittee on Procedures Reviews was 

established to aid the Advisory Board in 

carrying out its duty to advise the Secretary, 

HHS, on dose reconstruction. It will be 

responsible for overseeing, tracking, and 

participating in the reviews of all procedures 

used in the dose reconstruction process by 

the NIOSH Office of Compensation Analysis 

and Support (OCAS) and its dose 

reconstruction contractor. 

Matters To Be Discussed: The agenda for 

the Subcommittee meeting includes: a 

discussion of proposed new versions of the 

computer-assisted telephone interview 

scripts and procedures NIOSH uses to 

interview claimants at the outset of the dose 

reconstruction process; the disposition of 

site-specific procedures; and, a continuation 

of the comment-resolution process for other 

dose reconstruction procedures under review 

by the Subcommittee. 

The agenda is subject to change as 

priorities dictate. 

This meeting is open to the public, but 

without a public comment period. In the 

event an individual wishes to provide 

comments, written comments may be 

submitted. Any written comments received 

will be provided at the meeting and should 

be submitted to the contact person below in 

advance of the meeting. 

Contact Person for More Information: 

Theodore Katz, Executive Secretary, NIOSH, 

CDC, 1600 Clifton Road, Mailstop E–20, 

Atlanta GA 30333, Telephone (513) 533– 

6800, Toll Free 1 (800) CDC–INFO, E-mail 

ocas@cdc.gov. 

The Director, Management Analysis and 

Services Office, has been delegated the 

authority to sign Federal Register notices 

pertaining to announcements of meetings and 

other committee management activities, for 

both CDC and the Agency for Toxic 

Substances and Disease Registry. 

Dated: May 14, 2009. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. E9–11990 Filed 5–21–09; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Disease, Disability, and Injury 

Prevention and Control, Special 

Emphasis Panel (SEP): Prevention of 

Health Risk Behaviors Among Youth 

With Attention-Deficit/Hyperactivity 

Disorder (U01), FOA DD09–004 

Notice of Cancellation: This notice 

was published in the Federal Register 

on April 30, 2009, Volume 74, Number 

82, pages 19970–19971. The meeting 

originally scheduled to convene on May 

15, 2009 has been cancelled. The 

meeting will be re-scheduled at a future 

date, to be announced. 

Contact Person for More Information: 

Brenda Colley-Gilbert, Designated 

Federal Officer, CDC, 4770 Buford 

Highway, NE., Mailstop K92, Atlanta, 

GA 30341, Telephone: (770) 488–6295. 

The Director, Management Analysis and 

Services Office, has been delegated the 

authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities, for both CDC 

and the Agency for Toxic Substances 

and Disease Registry. 

Dated: May 15, 2009. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. E9–11994 Filed 5–21–09; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–7014–N] 

Medicare Program; Meeting of the 

Advisory Panel on Medicare 

Education, July 8, 2009 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of meeting. 

SUMMARY: This notice announces a 

meeting of the Advisory Panel on 

Medicare Education (the Panel) in 

accordance with the Federal Advisory 

Committee Act. The Panel advises and 

makes recommendations to the 

Secretary of Health and Human Services 

and the Administrator of the Centers for 

Medicare & Medicaid Services on 

opportunities to enhance the 

effectiveness of consumer education 


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