28248 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices 

Paragraph II.B prohibits the Respondent 

from facilitating exchanges of 

information between health care 

providers concerning whether, or on 

what terms, to contract with a payor. 

Paragraph II.C bars attempts to engage in 

any action prohibited by Paragraph II.A 

or II.B, and Paragraph II.D proscribes 

encouraging, suggesting, advising, 

pressuring, inducing, or attempting to 

induce any person to engage in any 

action that would be prohibited by 

Paragraphs II.A through II.C. 

As in other Commission orders 

addressing health care providers’ 

collective bargaining with health care 

payors, certain kinds of agreements are 

excluded from the general bar on joint 

negotiations. Paragraph II does not 

preclude ABMG from engaging in 

conduct that is reasonably necessary to 

form or participate in legitimate 

‘‘qualified risk-sharing’’ or ‘‘qualified 

clinically-integrated’’ joint 

arrangements, as defined in the 

proposed Consent Order. Also, 

Paragraph II would not bar agreements 

that only involve physicians who are 

part of the same medical group practice, 

defined in Paragraph I.B, because it is 

intended to reach agreements between 

and among independent competitors. 

Paragraphs III through VI require 

ABMG to notify the Commission before 

it initiates certain contacts regarding 

contracts with payors. Paragraphs III 

and IV apply to arrangements under 

which ABMG would be acting as a 

messenger on behalf of its member 

physicians. Paragraphs V and VI discuss 

arrangements under which ABMG plans 

to achieve financial or clinical 

integration. 

Paragraph VII.A requires ABMG to 

send a copy of the Complaint and 

Consent Order to its physician 

members, its management and staff, and 

any payors who communicated with 

ABMG, or with whom ABMG 

communicated, with regard to any 

interest in contracting for physician 

services, at any time since January 1, 

2001. 

Paragraph VII.B requires ABMG to 

terminate, without penalty, pre-existing 

payer contracts that it had entered into 

since 2001, at the earlier of (1) receipt 

by ABMG of a written request for 

termination by the payer; or (2) the 

termination date, renewal date, or 

anniversary date of the contract. This 

provision is intended to eliminate the 

effects of ABMG’s illegal collective 

behavior. The payer can delay the 

termination for up to one year by 

making a written request to ABMG. 

Paragraph VII.D contains three-year 

notification provisions relating to future 

contact with physicians, payors, 

management and staff. This provision 

requires ABMG to distribute a copy of 

the Complaint and Consent Order to 

each physician who begins participating 

in ABMG; each payor who contacts 

ABMG regarding the provision of 

physician services; and each person 

who becomes an officer, director, 

manager, or employee for five years after 

the date on which the Consent Order 

becomes final. In addition, Paragraph 

VII.D requires ABMG to publish a copy 

of the Complaint and Consent Order, 

annually, in any official publication that 

it sends to its participating physicians. 

Paragraphs VII.E and VIII–IX impose 

various obligations on ABMG to report 

or to provide access to information to 

the Commission to facilitate monitoring 

its compliance with the Consent Order. 

Pursuant to Paragraph X, the 

proposed Consent Order will expire in 

20 years from the date it is issued. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–13956 Filed 6–12–09: 8:45 am] 

BILLING CODE: 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Submission for OMB Review; 

Comment Request 

Title: Low Income Home Energy 

Assistance Program LIHEAP Leveraging 

Report. 

OMB No.: 0970–0121. 

Description: The LIHEAP leveraging 

incentive program rewards LIHEAP 

grantees that have leveraged non-federal 

home energy resources for low-income 

households. The LIHEAP leveraging 

report is the application for leveraging 

incentive funds that these LIHEAP 

grantees submit to the Department of 

Health and Human Services for each 

fiscal year in which they leverage 

countable resources. Participation in the 

leveraging incentive program is 

voluntary and is described at 45 CFR 

96.87. The LIHEAP leveraging report 

obtains information on the resources 

leveraged by LIHEAP grantees each 

fiscal year (as cash, discounts, waivers, 

and in-kind); the benefits provided to 

low-income households by these 

resources (for example, as fuel and 

payments for fuel, as home heating and 

cooling equipment, and as 

weatherization materials and 

installation); and the fair market value 

of these resources/benefits. 

HHS needs this information in order 

to carry out statutory requirements for 

administering the LIHEAP leveraging 

incentive program, to determine 

countability and valuation of grantees 

leveraged non-federal home energy 

resources, and to determine grantees 

shares of leveraging incentive funds. 

HHS proposes to request a three-year 

extension of OMB approval for the 

currently approved LIHEAP leveraging 

report information collection. 

Respondents: State, Local or Tribal 

Governments. 

ANNUAL BURDEN ESTIMATES

Instrument Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden hours 

per response 

Total 

burden hours 

LIHEAP Leveraging Report ..................................................................... 70 1 38 2,660 

Estimated Total Annual Burden 

Hours: 2,660 

Additional Information: Copies of the 

proposed collection may be obtained by 

writing to the Administration for 

Children and Families, Office of 

Administration, Office of Information 

Services, 370 L’Enfant Promenade, SW., 

Washington, DC 20447, Attn: ACF 

Reports Clearance Officer. All requests 

should be identified by the title of the 

information collection. E-mail address: 

infocollection@acf.hhs.gov. 

OMB Comment: OMB is required to 

make a decision concerning the 

collection of information between 30 

and 60 days after publication of this 

document in the Federal Register. 

Therefore, a comment is best assured of 

having its full effect if OMB receives it 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices 28249 

within 30 days of publication. Written 

comments and recommendations for the 

proposed information collection should 

be sent directly to the following: Office 

of Management and Budget, Paperwork 

Reduction Project, Fax: 202–395–7245, 

Attn: Desk Officer for the 

Administration for Children and 

Families. 

Dated: June 10, 2009. 

Janean Chambers, 

Reports Clearance Officer. 

[FR Doc. E9–13985 Filed 6–12–09; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10266] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, HHS. 

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: Conditions of 

Participation: Requirements for 

Approval and Reapproval of Transplant 

Centers to Perform Organ Transplants 

and Supporting Regulations in 42 CFR 

482.74, 482.94, 482.100, 482.102, 

488.61; Use: The Conditions of 

Participation and accompanying 

requirements specified in the 

regulations are used by our surveyors as 

a basis for determining whether a 

transplant center qualifies for approval 

or re-approval under Medicare. CMS 

and the healthcare industry believe that 

the availability to the facility of the type 

of records and general content of 

records is standard medical practice and 

is necessary in order to ensure the wellbeing and safety of patients and 

professional treatment accountability. 

Form Number: CMS–10266 (OMB# 

0938–New); Frequency: Yearly; Affected 

Public: Business or other for-profits and 

Not-for-profit institutions; Number of 

Respondents: 514; Total Annual 

Responses: 3,270; Total Annual Hours: 

9,334. 

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/ 

PaperworkReductionActof1995, or email 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 July 15, 2009. 

OMB Human Resources and Housing 

Branch, Attention: OMB Desk Officer, 

New Executive Office Building, Room 

10235, Washington, DC 20503, Fax 

Number: (202) 395–6974. 

Dated: June 5, 2009. 

Michelle Shortt, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. E9–13947 Filed 6–12–09; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–304/304a, CMS– 

10288, CMS–10289 and CMS–1450 (UB–04)] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, HHS. 

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 without change of a 

currently approved collection; Title of 

Information Collection: Reconciliation 

of State Invoice and Prior Quarter 

Adjustment Statement; Use: Section 

1927 of the Social Security Act requires 

drug manufacturers to enter into and 

have in effect a rebate agreement with 

CMS in order for States to receive 

funding for drugs dispensed to 

Medicaid recipients. Drug 

manufacturers must complete and 

submit to States the 304 form (the 

Reconciliation of State Invoice Form) to 

explain any rebate payment adjustments 

for the current quarter, and complete 

and submit the 304A form (the Prior 

Quarter Adjustment Statement Form) to 

States to explain rebate payment 

adjustments to any prior quarters. Both 

forms are used to reconcile drug rebate 

payments made by manufacturers with 

the State invoices of rebates due. Form 

Number: CMS–304/304a (OMB#: 0938– 

0676); Frequency: Reporting—Quarterly; 

Affected Public: Private Sector: Business 

or other for profits; Number of 

Respondents: 570; Total Annual 

Responses: 3820; Total Annual Hours: 

141,080. (For policy questions regarding 

this collection contact Cindy Bergin at 

410–786–1176. For all other issues call 

410–786–1326.) 

2. Type of Information Collection 

Request: New Collection; Title of 

Information Collection: State Plan PrePrint to Implement Required Dental 

Benefits Pursuant of Children’s Health 

Insurance Program Reauthorizing Act 

(CHIPRA) 2009; Use: Section 501 of 

CHIPRA 2009 amends XXI and requires 

that ‘‘child health assistance provide to 

a targeted low-income child shall 

include coverage of dental services 

necessary to prevent disease and 

promote oral health, restore oral 

structures to health and function, and 

treat emergency conditions.’’ States that 

provide coverage in a separate 

Children’s Health Insurance Program 

may choose between two methods of 

providing the dental services required 

in Section 501. The State may define the 


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