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Weekly Legislative & Regulatory Round-up

Week of August 22 - 28

GAO reports

No relevant notices.

OIG reports

Audit of the Indian Health Service Headquarters Cost Statement for Fiscal Year 2005 (A-09-07-00054)

MSIS Data Usefulness for Detecting Fraud, Waste, and Abuse (OEI-04-07-00240) (pdf)

Bills introduced

Congress in recess.

Federal Register notices

August 24, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

Breach Notification for Unsecured Protected Health Information

AGENCY: Office for Civil Rights, Department of Health and Human

Services.

ACTION: Interim final rule with request for comments.

SUMMARY: The Department of Health and Human Services (HHS) is issuing

this interim final rule with a request for comments to require

notification of breaches of unsecured protected health information.

DATES: Effective Date: This interim final rule is effective September

23, 2009. Comment Date: Comments on the provisions of this interim final rule

are due on or before October 23, 2009. Comments on the information

collection requirements associated with this rule are due on or before

September 8, 2009.

 

 

Office of the Secretary

Request for Information Relevant to the Regionalization of

Emergency Medical Care Delivery Systems and Demonstration Model

Development

ACTION: Notice.

SUMMARY: This is a time-sensitive Request for Information (RFI) issued

by the Emergency Care Coordination Center in the Office of the

Assistant Secretary for Preparedness and Response on behalf of the

Council on Emergency Medical Care (CEMC) and the Federal Interagency

Committee on Emergency Medical Services (FICEMS)--collectively known as

the Emergency Care Enterprise (ECE). The information requested is meant

to ascertain key concepts, best practices, and operational approaches

to support regionalized, comprehensive and accountable emergency care

and trauma systems. The information will be analyzed by the ECCC to

help guide the development of demonstration programs that design and

evaluate innovative models of regionalized, coordinated and accountable

emergency care and trauma systems.

ADDRESSES: Responses to this RFI may be submitted electronically to

eccc@hhs.gov by COB September 30th 2009.

 

 

Health Resources and Services Administration

 

Agency Information Collection Activities: Submission for OMB

Review; Comment Request

Proposed Project: HRSA/Bureau of Primary Health Care Capital

Improvement Program Application Electronic Health Records (EHR)

Readiness Checklist (OMB No. 0915-0325)--Extension

 

 

August 25, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

Healthcare Infection Control Practices Advisory Committee

(HICPAC)

ACTION: Meeting Notice

DATE: 2 p.m.-3 p.m., September 9, 2009.

 

Food and Drug Administration

Oncologic Drugs Advisory Committee

ACTION:  Notice of Meeting.

DATE: The meeting will be held on October 6, 2009, from

8 a.m. to 4 p.m.

ADDRESS: Hilton Washington DC North/Gaithersburg, The

Ballrooms, 620 Perry Pkwy., Gaithersburg, MD. The hotel phone number

is 301-977-8900.

 

Food and Drug Administration

Peripheral and Central Nervous System Drugs Advisory Committee

ACTION:  Notice of Meeting.

DATE: The meeting will be held on October 14, 2009,

from 8 a.m. to 5 p.m.

ADDRESS: The Inn and Conference Center, University of Maryland

University College (UMUC), Marriott Conference Centers, 3501

University Blvd. East, Adelphi, MD. The hotel telephone number is

301-985-7300.

 

Office of the Secretary

Patient Safety and Quality Improvement: Civil Money Penalty

Inflation Adjustment

ACTION: Direct final rule.

SUMMARY: The Department of Health and Human Services amends the Patient

Safety and Quality Improvement Rule by adjusting for inflation the

maximum civil money penalty amount for violations of the

confidentiality provisions of the Rule. We are amending the penalty

amount to comply with the Federal Civil Penalties Inflation Adjustment

Act of 1990. We are using direct final rulemaking for this action

because we expect that there will be no significant adverse comment on

the rule.

 

Office of the Secretary

Patient Safety and Quality Improvement: Civil Money Penalty

Inflation Adjustment

ACTION: Proposed rule.

SUMMARY: The Department of Health and Human Services is publishing this

companion proposed rule to the direct final rule, published elsewhere

in this issue of the Federal Register, which amends the Patient Safety

and Quality Improvement Rule by adjusting for inflation the maximum

civil money penalty amount for violations of the confidentiality

provisions of the Rule. We are proposing to amend the penalty amount to

comply with the Federal Civil Penalties Inflation Adjustment Act of

1990.

 

Health Resources and Services Administration

National Advisory Committee on Rural Health and Human Services

ACTION: Notice of Meeting.

DATE: September 9, 2009, 9 a.m.-4:45 p.m.; September 10,

2009, 8:30 a.m.-4 p.m.; September 11, 2009, 8:45 a.m.-11 a.m.

ADDRESS: Sheraton Grand Hotel, 1230 J Street, Sacramento, California

95814, Phone: 916-341-3605.

 

National Institutes of Health

National Institute of Allergy and Infectious Diseases

ACTION: Notice of Meeting

Name of Committee: AIDS Research Advisory Committee, NIAID, AIDS

Vaccine Research Subcommittee.

DATE: September 15-16, 2009, 8:30 a.m. to 5 p.m.

ADDRESS: Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD

20814.

 

 

August 26, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

Electronic Public Comment Transmission Error for Two Medicare

Program Rules

ACTION: Request for resubmission of comments.

SUMMARY: This document requests that the public resubmit their comments

on the CY 2010 Physician Fee Schedule or CY 2010 Hospital Outpatient

Prospective Payment System/Ambulatory Surgical Center Payment System

proposed rule before the close of the comment period for these rules

(that is, August 31, 2009) if their comments were originally submitted

via www.regulations.gov during the period from July 26, 2009 through

July 30, 2009.

 

National Institutes of Health

National Center for Complementary and Alternative Medicine

Announcement of Wellness Workshop

ACTION: Notice.

SUMMARY: The National Center for Complementary and Alternative Medicine

(NCCAM) invites the research community to participate in a workshop

focused on wellness. The purpose of this workshop is to review several measures of

wellness, identify their strengths and weaknesses, and make

recommendations on how best to capture the construct. This information

will help NCCAM guide development of questions for the 2012 National

Health Interview Survey.

DATE:  September 25, 2009.

 

Food and Drug Administration

Industry Exchange Workshop on Food and Drug Administration Drug

and Device Requirements; Public Workshop

ACTION: Notice of public workshop.

SUMMARY: The Food and Drug Administration (FDA) Philadelphia District,

in cosponsorship with the Society of Clinical Research Associates

(SoCRA) is announcing a public workshop entitled: ``FDA Clinical Trial

Requirements, Regulations, Compliance and GCP.'' This 2-day public

workshop is intended to provide information about FDA clinical trial

requirements to the regulated industry.

Date and Time: The public workshop will be held on October 21,

2009, from 8:30 a.m. to 5 p.m. and October 22, 2009, from 8:30 a.m. to

5 p.m.

Location: The public workshop will be held at the Hyatt Regency

Pittsburgh International Airport, 1111 Airport Blvd., Pittsburgh, PA

15231, 724-899-1234 or 1-800-233-1234.

 

 

Office of the Secretary, Office of Public Health and Science

Solicitation of Nominations for Membership on the Presidential

Advisory Council on HIV/AIDS

ACTION: Notice.

 

Office of the Secretary, Office of Public Health and Science

Solicitation of Nomination for Appointment to the Chronic Fatigue

Syndrome Advisory Committee

ACTION: Notice.

 

Health Resources and Services Administration

Office of Health Information Technology, Office for the

Advancement of Telehealth

ACTION: Notice of non-competitive supplemental funding to Center for

Telehealth & E-Health Law

 

 

 

August 27, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

Medicare Program; Changes to the Hospital Inpatient Prospective

Payment Systems for Acute Care Hospitals and Fiscal Year 2010 Rates;

and Changes to the Long-Term Care Hospital Prospective Payment System

and Rate Years 2010 and 2009 Rates

ACTION: Final rules and interim final rule with comment period.

SUMMARY: We are revising the Medicare hospital inpatient prospective

payment systems (IPPS) for operating and capital-related costs of acute

care hospitals to implement changes arising from our continuing

experience with these systems, and to implement certain provisions made

by the TMA, Abstinence Education, and QI Program Extension Act of 2007,

the Medicare Improvements for Patients and Providers Act of 2008, and

the American Recovery and Reinvestment Act of 2009. In addition, in the

Addendum to this final rule, we describe the changes to the amounts and

factors used to determine the rates for Medicare acute care hospital

inpatient services for operating costs and capital-related costs.

 

 

August 28, 2009 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

Centers for Medicare & Medicaid Services

Medicare and Medicaid Programs; Application of the American

Osteopathic Association for Continued Deeming Authority for Hospitals

ACTION: Final notice.

SUMMARY: This notice announces our decision to approve the American

Osteopathic Association (AOA) for continued recognition as a national

accreditation program for hospitals seeking to participate in the

Medicare or Medicaid programs.

 

Centers for Medicare & Medicaid Services

Medicare Program; Request for Nominations for the Advisory Panel

on Medicare Education

ACTION: Notice.

SUMMARY: This notice requests nominations for individuals to serve on

the Advisory Panel on Medicare Education (the Panel) to fill current

vacancies and vacancies that will become available in 2009. 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 the effectiveness of consumer education strategies

concerning the Medicare program.

 

Centers for Medicare & Medicaid Services

Medicare Program; Meeting of the Medicare Evidence Development

and Coverage Advisory Committee--October 21, 2009

ACTION: Notice of meeting.

DATES: Wednesday, October 21, 2009 from 7:30 a.m. until 4:30 p.m., d.s.t.

ADDRESSES: Meeting Location: The meeting will be held in the main

auditorium of the Centers for Medicare & Medicaid Services, 7500

Security Boulevard, Baltimore, MD 21244.

 

Food and Drug Administration

Blood Establishment Computer Software: Understanding What to

Include in a 510(k) Submission; Public Workshop

ACTION: Notice of public workshop.

DATE: The public workshop will be held on November 4,

2009, from 8:30 a.m. to 5 p.m. and November 5, 2009, from 8:30 a.m. to

12 noon.

ADDRESS: The public workshop will be held at The Universities at

Shady Grove Conference Center, Bldg. II, multipurpose room, 9630

Gudelsky Dr., Rockville, MD 20850.

 

 

Office of the Secretary

Agency Emergency Information Collection Clearance Request for

Public Comment

Proposed Project: Rapid Assessment of Critical Illness Due to 2009-

H1N1 Influenza OMB No. 0990-New--Office of the Assistant Secretary for

Preparedness and Response (ASPR), Office of Preparedness and Emergency

Operations (OPEO).

 

Health Resources and Services Administration

Notice of Availability of Draft Policy Document for Comment

ACTION: This Policy Information Notice (PIN) describes the

documentation that will be considered by the Health Resources and

Services Administration (HRSA) to establish whether an organization can

qualify as a ``public agency'' (also referred to in previous PINs as

``public entities'' or ``public applicants'') for the purpose of

determining eligibility for a Health Center Program grant under Section

330 of the Public Health Service (PHS) Act (``Section 330'') and/or

Federally Qualified Health Center (FQHC) Look-Alike designation. This

draft PIN is available on the Internet at http://bphc.hrsa.gov/

draftsforcomment/publiccenter.

DATES: Comments must be received by October 13, 2009.

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