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Weekly Legislative & Regulatory Round-up

Week of December 12 - 18

GAO reports

Biosurveillance: Developing a Collaboration Strategy Is Essential to Fostering Interagency Data and Resource Sharing GAO-10-171, December 18, 2009

Veterans Health Administration: Inadequate Controls over Miscellaneous Obligations Increase Risk over Procurement Transactions GAO-10-307 

Veterans Health Administration: Inadequate Controls over Miscellaneous Obligations Increase Risk over Procurement Transactions GAO-10-307T

Influenza Pandemic: Monitoring and Assessing the Status of the National Pandemic Implementation Plan Needs Improvement GAO-10-73

OIG reports

CDC’s Ethics Program for Special Government Employees on Federal Advisory Committees (PDF) (OEI-04-07-00260)

Bills introduced
Number/
Title
Date Introduced Sponsor Description

 H.R. 4313

12/15/09

DON YOUNG (R-AK)

A bill to amend Part B of title XVIII of the Social Security Act to eliminate the sunset for reimbursement for services furnished by certain Indian hospitals and clinics; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 4371

12/16/09

CHARLES GONZALEZ (D-TX)

A bill to amend title XVIII of the Social Security Act to continue using 2009 Medicare practice expense relative value units for certain cardiology services; to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 4373

12/16/09

ALCEE HASTINGS (D-FL)

A bill to amend title XVIII of the Social Security Act to stabilize and modernize the provision of partial hospitalization services under the Medicare Program, and for other purposes; Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

 H.R. 4383

12/16/09

JIM MARSHALL (D-GA)

A bill to amend the Public Health Service Act and title XIX of the Social Security Act to provide for a screening and treatment program for prostate cancer in the same manner as is provided for breast and cervical cancer; Referred to the Committee on Energy and Commerce.

H.R. 4390

12/16/09

SCOTT MURPHY (D-NY)

A bill to amend title XI of the Social Security Act to provide for enhanced program and provider protections under the Medicare, Medicaid, and Children's Health Insurance programs; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 4404

12/16/09

MAXINE WATERS (D-CA)

A bill to amend the Public Health Service Act to authorize grants to provide treatment for diabetes in minority communities; Referred to the Committee on Energy and Commerce.

 

Federal Register notices

December 14

No relevant notices.

 

December 15

No relevant notices

 

December 16

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Office of the Secretary

Notice of Meeting: Secretary's Advisory Committee on Genetics,

Health, and Society

The meeting will be held from 8:30 a.m. to approximately 5:30 p.m. on Thursday,

February 4, 2010, and from 8 a.m. to approximately 3 p.m. on Friday,

February 5, 2010, at the Omni Shoreham Hotel, 2500 Calvert Street, NW.,

Washington, DC 20008. The meeting will be open to the public with

attendance limited to space available. The meeting also will be Web

cast.

 

December 17

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Food and Drug Administration

International Conference on Harmonisation; Draft Guidance on

Addendum to International Conference on Harmonisation S6; Preclinical

Safety Evaluation of Biotechnology-Derived Pharmaceuticals S6(R1);

Availability

ACTION:  Notice.

 

Food and Drug Administration

International Conference on Harmonisation; Draft Guidance on Q4B

Evaluation and Recommendation of Pharmacopoeial Texts for Use in the

International Conference on Harmonisation Regions; Annex 11 on

Capillary Electrophoresis General Chapter; Availability

ACTION: Notice.

 

Food and Drug Administration

International Conference on Harmonisation; Draft Guidance on Q4B

Evaluation and Recommendation of Pharmacopoeial Texts for Use in the

International Conference on Harmonisation Regions; Annex 12 on

Analytical Sieving General Chapter; Availability

ACTION: Notice.

 

Food and Drug Administration

Food and Drug Administration Clinical Trial Requirements,

Regulations, Compliance and Good Clinical Practices; Public Workshop

ACTION:  Notice of public workshop.

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

cosponsorship with The Society of Clinical Research Associates, Inc.

(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 Wednesday, March

3, 2010, from 8 a.m. to 5 p.m., and Thursday, March 4, 2010, from 8

a.m. to 4:35 p.m.

Location: The public workshop will be held at The Wyndham Orlando

Resort, 8001 International Dr., Orlando, FL 32819, 407-351-2420.

 

Centers for Disease Control and Prevention

Total Inward Leakage Requirements for Respirators

ACTION: Notice of proposed rulemaking; extension of comment period.

SUMMARY: The Centers for Disease Control and Prevention (CDC) is

extending to March 29, 2010, the comment period for the notice of

proposed rulemaking by the National Institute for Occupational Safety

and Health (NIOSH) of CDC, entitled ``Total Inward Leakage Requirements

for Respirators,'' published in the Federal Register on Friday, October

30, 2009 (74 FR 56141). In the notice of proposed rulemaking, CDC

requested comments by December 29, 2009. The Agency is taking this

action in response to requests for an extension to allow interested

parties additional time to submit comments.

DATES: Comments: The public comment period is extended by 90 days, from

December 29, 2009, as established in the proposed rule of October 30,

2009 (74 FR 56141). All written comments must be received on or before

March 29, 2010.

 

Health Resources and Services Administration

Health Center Program

ACTION: Notice of noncompetitive replacement awards to Regional Health

Care Affiliates.

SUMMARY: The Health Resources and Services Administration (HRSA) will

be transferring Health Center Program (section 330 of the Public Health

Service Act) New Access Point (NAP) and Increased Demand for Service

(IDS) funds originally awarded to Trover Health System to Regional

Health Care Affiliates to ensure the provision of critical primary

health care services to underserved populations in Webster and McLean

Counties, Kentucky.

 

Health Resources and Services Administration

National Vaccine Injury Compensation Program; List of Petitions

Received

ACTION: Notice.

SUMMARY: The Health Resources and Services Administration (HRSA) is

publishing this notice of petitions received under the National Vaccine

Injury Compensation Program (``the Program''), as required by Section

2112(b)(2) of the Public Health Service (PHS) Act, as amended. While

the Secretary of Health and Human Services is named as the respondent

in all proceedings brought by the filing of petitions for compensation

under the Program, the United States Court of Federal Claims is charged

by statute with responsibility for considering and acting upon the

petitions.

 

December 18

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Centers for Medicare & Medicaid Services

Agency Information Collection Activities: Submission for OMB

Review; Comment Request

1. Type of Information Collection Request: New Collection; Title of

Information Collection: State Plan Amendment Template for the Option to

Cover Certain Children and Pregnant Women Lawfully residing in U.S.

    2. Type of Information Collection Request: New collection; Title of

Information Collection: State Plan Amendment Templates for Additional

State Plan Option for Providing Premium Assistance under Title XIX and

XXI.

3. Type of Information Collection Request: New collection; Title of

Information Collection: Program Evaluation of the Eighth and Ninth

Scope of Work Quality Improvement Organization Program.

 

 

Centers for Medicare & Medicaid Services

Agency Information Collection Activities: Proposed Collection;

Comment Request

1. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Intermediate Care

Facility (ICF) for the Mentally Retarded (MR) or Persons with Related

Conditions Survey Report Form and Supporting Regulations

2. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Organ Procurement

Organization's (OPO's) Health Insurance Benefits Agreement and

Supporting Regulations at 42 CFR 486.301-486.348.

3. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Annual Early and

Periodic Screening, Diagnostic and Treatment (EPSDT) Services

Participation Report.

4. Type of Information Collection Request: Revision of a currently

approved collection; Title of Information Collection: State Health

Insurance Assistance Program (SHIP) Client Contact Form, Public and

Media Form, and Resource Report Form; Form Number: CMS-10028

(OMB: 0938-0850)

5. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: End Stage Renal

Disease (ESRD) Medical Information Facility Survey; Form Number: CMS-

2744 (OMB: 0938-0447).

6. Type of Information Collection Request: Revision of a currently

approved collection; Title of Information Collection: Notification of

Fiscal Intermediaries and CMS of co-located Medicare providers and

Supporting Regulations in 42 CFR 412.22 and 412.533.

7. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Examination and

Treatment for Emergency Medical Conditions and Women in Labor (EMTALA).

8. Type of Information Collection Request: Revision of a currently

approved collection; Title of Information Collection: Evaluation of the

Medicare National Competitive Bidding Program for DME.

9. Type of Information Collection Request: New collection; Title of

Information Collection: Information Collection Requirements and

Supporting Information for Chronic Kidney Disease Surveys under the 9th

Scope of Work.

 

Centers for Medicare & Medicaid Services

Medicaid Program and Children's Health Insurance Program; Model

of Interstate Coordinated Enrollment and Coverage Process for Low-

Income Children

ACTION: Notice with comment.

SUMMARY: This notice requests comments to assist in the development of

a model process for the coordination of enrollment, retention, and

coverage for low-income Medicaid and Children's Health Insurance

Program eligible children as required under the Children's Health

Insurance Program Reauthorization Act (CHIPRA) of 2009. CHIPRA requires

this model process to be developed by August 4, 2010 and the Secretary

is required to submit a Report to Congress describing additional steps

or authority needed to make further improvements to coordinate the

enrollment, retention, and coverage under CHIP and Medicaid of low-

income children who frequently change their State of residence.

DATES: To be assured consideration, comments must be received at one of

the addresses provided below, no later than 5 p.m. on January 19, 2010.

 

Centers for Medicare & Medicaid Services

Medicare and Medicaid Programs; Quarterly Listing of Program

Issuances--July Through September 2009

ACTION: Notice.

SUMMARY: This notice lists CMS manual instructions, substantive and

interpretive regulations, and other Federal Register notices that were

published from July 2009 through September 2009, relating to the

Medicare and Medicaid programs. This notice provides information on

national coverage determinations (NCDs) affecting specific medical and

health care services under Medicare. Additionally, this notice

identifies certain devices with investigational device exemption (IDE)

numbers approved by the Food and Drug Administration (FDA) that

potentially may be covered under Medicare. This notice also includes

listings of all approval numbers from the Office of Management and

Budget for collections of information in CMS regulations and a list of

Medicare-approved carotid stent facilities. Included in this notice is

a list of the American College of Cardiology's National Cardiovascular

Data registry sites, active CMS coverage-related guidance documents,

and special one-time notices regarding national coverage provisions.

Also included in this notice is a list of National Oncologic Positron

Emissions Tomography Registry sites, a list of Medicare-approved

ventricular assist device (destination therapy) facilities, a list of

Medicare-approved lung volume reduction surgery facilities, a list of

Medicare-approved clinical trials for fluorodeoxyglucose positron

emissions tomogrogphy for dementia, and a list of Medicare-approved

bariatric surgery facilities.

 

Centers for Medicare & Medicaid Services

Medicare Program; First Semi-Annual Meeting of the Advisory Panel

on Ambulatory Payment Classification Groups--February 17-19, 2010

ACTION: Notice.

SUMMARY: This notice announces the first semi-annual meeting of the

Advisory Panel on Ambulatory Payment Classification (APC) Groups (the

Panel) for 2010. The purpose of the Panel is to review the APC groups

and their associated weights and to advise the Secretary of the

Department of Health and Human Services (DHHS) (the Secretary) and the

Administrator of the Centers for Medicare & Medicaid Services (CMS)

(the Administrator) concerning the clinical integrity of the APC groups

and their associated weights. We will consider the Panel's advice as we

prepare the proposed and final rules that would update the hospital

Outpatient Prospective Payment System (OPPS) for CY 2011.

DATES: Meeting Dates: We are scheduling the first semi-annual meeting

in 2010 for the following dates and times:

Wednesday, February 17, 2010, 1 p.m. to 5 p.m. eastern

standard time (e.s.t.) \1\

Thursday, February 18, 2010, 8 a.m. to 5 p.m. (e.s.t.)

Friday, February 19, 2010, 8 a.m. to 12 noon (e.s.t.)

 

Centers for Medicare & Medicaid Services

Medicare Program; Meeting of the Advisory Panel on Medicare

Education, February 3, 2010

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 strategies concerning the

Medicare program. This meeting is open to the public.

DATES: Meeting Date: Wednesday, February 3, 2010 from 8:30 a.m. to 3

p.m., eastern standard time (e.s.t.).

    Deadline for Meeting Registration, Presentations and Comments:

Wednesday, January 27, 2010, 5 p.m., e.s.t.

    Deadline for Requesting Special Accommodations: Wednesday, January

20, 2009, 5 p.m., e.s.t.

ADDRESSES: Meeting Location: Hilton Washington Hotel Embassy Row, 2015

Massachusetts Avenue, NW., Washington, DC 20036, (202) 265-6800.

 

Centers for Medicare & Medicaid Services

Medicare Program; Physician Quality Reporting Initiative (PQRI):

Listening Session-February 2, 2010.

ACTION: Notice of meeting.

SUMMARY: This notice announces a listening session to discuss the

Physician Quality Reporting Initiative (PQRI).

DATES: Meeting Date: The listening session will be held on Tuesday,

February 2, 2010 from 10 a.m. until 4:30 p.m. Eastern Standard Time

(E.S.T).

Meeting Registration and Request for Special Accommodations

Deadline: Registration opens on Monday, December 21, 2009. For security

reasons, registration must be completed no later than 5 p.m. E.S.T. on

Wednesday, January 27, 2010. Requests for special accommodations must be

received by 5 p.m. E.S.T. on Wednesday, January 27, 2010.

 

Food and Drug Administration

Incorporation of New Science Into Regulatory Decisionmaking

Within the Center for Devices and Radiological Health; Public Meeting;

Request for Comments

ACTION: Notice of public meeting; request for comments.

The purpose of the public meeting is to identify strategies and means

for incorporating new science into the regulatory decisionmaking

process within the agency's Center for Devices and Radiological Health

(CDRH).

Dates and Time: The public workshop will be held on February 9,

2010, from 8 a.m. to 5 p.m. Persons interested in attending the meeting

must register by 5 p.m. on February 3, 2010.

Location: The public meeting will be held at the Hilton Washington

DC North/Gaithersburg, 620 Perry Pkwy., Gaithersburg, MD 20877.

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