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Weekly Legislative & Regulatory Round-up

Week of October 3 - 9

GAO reports

Medicaid: State and Federal Actions Have Been Taken to Improve Children's Access to Dental Services, but Gaps Remain GAO-09-723

Medicaid: State and Federal Actions Have Been Taken to Improve Children's Access to Dental Services, but More Can Be Done GAO-10-112T 

OIG reports

Advisory Opinion 09-17 (concerning a joint venture to provide EMS and scheduled ambulance transportation services)

Bills introduced
Number/
Title
Date Introduced Sponsor Description

H. Res. 796

10/6/09 JOHN SHADEGG (R-AZ) A resolution expressing the sense of the House of Representatives that no American should be penalized for failing to purchase Government-mandated health coverage; Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary.

S. 1760

10/7/09 FRANK LAUTENBERG (D-NJ) A bill to amend the Public Health Service Act with regard to research on asthma, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.

 S. 1762

10/7/09 SAM BROWNBACK (R-KS) A bill to amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health and the Centers for Disease Control and Prevention with respect to translational research and related activities concerning Down syndrome, and for other purposes; Referred to the Committee on Health, Education, Labor, and Pensions.

H.R. 3741

10/7/09 PETER HOEKSTRA (R-MI) A bill to provide Federal matching funding for State insurance expenditures for high risk pools; Referred to the Committee on Energy and Commerce.

H.R. 3754

10/7/09 CAROLYN MCCARTHY (D-NY) A bill to amend the Public Health Service Act with regard to research on asthma, and for other purposes; Referred to the Committee on Energy and Commerce.

S. 1771

10/7/09 ROBERT CASEY (D-PA) A bill to authorize the Secretary of Health and Human Services to establish a program of grants to newly accredited allopathic medical schools for the purpose of increasing the supply of physicians; Referred to the Committee on Health, Education, Labor, and Pensions.

H.R. 3776

10/8/09 SAM GRAVES (R-MO) A bill to amend the Internal Revenue Code of 1986 to provide a 100 percent deduction for the health insurance costs of individuals; Referred to the Committee on Ways and Means.

 H.R. 3778

10/8/09 PAUL KANJORSKI (D-PA) A bill to authorize the Secretary of Health and Human Services to establish a program of grants to newly accredited allopathic medical schools for the purpose of increasing the supply of physicians; Referred to the Committee on Energy and Commerce.

October 5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 Food and Drug Administration

Draft Guidance for Industry and FDA Staff; the Scope of the

Prohibition Against Marketing a Tobacco Product in Combination With

Another Article or Product Regulated Under the Federal Food, Drug, and

Cosmetic Act; Availability

ACTION:  Notice.

 

Food and Drug Administration

Food and Drug Administration Transparency Task Force; Public

Meeting; Request for Comments

ACTION: Notice of public meeting; request for comments.

SUMMARY: The Food and Drug Administration (FDA) is announcing a second

public meeting to discuss issues related to transparency at the agency.

The purpose of this public meeting is to receive detailed and in-depth

comments on three specific issues related totransparency at FDA.

DATES: The public meeting will be held on November 3, 2009, from 9 a.m.

to 3 p.m. Persons interested in attending and/or participating in the

meeting must register by 5 p.m. on October 27, 2009. Submit electronic

or written comments by November 6, 2009.

 

Office of the Secretary

Pandemic Influenza Vaccines--Amendment

ACTION: Notice of first amendment to the June 15, 2009 Republished

Declaration under the Public Readiness and Emergency Preparedness Act.

SUMMARY: Amendment to declaration issued on June 15, 2009 (74 FR 30294)

pursuant to section 319F-3 of the Public Health Service Act (42 U.S.C.

247d-6d) to provide targeted liability protections for pandemic

countermeasures to add provisions consistent with other declarations

issued under this authority that may facilitate vaccination campaigns,

and republication of the declaration to reflect the declaration in its

entirety, as amended.

DATES: The first amendment of the republished declaration issued on

June 15, 2009 is effective as of September 28, 2009.

 

October 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Medical Devices; Availability of Safety and Effectiveness

Summaries for Premarket Approval Applications

ACTION:  Notice.

SUMMARY: The Food and Drug Administration (FDA) is publishing a list of

premarket approval applications (PMAs) that have been approved. This

list is intended to inform the public of the availability of safety and

effectiveness summaries of approved PMAs through the Internet and the

agency's Division of Dockets Management.

 

Office of the National Coordinator for Health Information

Technology

HIT Policy Committee's Information Exchange Workgroup Meeting

ACTION: Notice of meeting.

Date and Time: The meeting will be held on October 20, 2009, from 9

a.m. to 3 p.m. Eastern Time.

Location: The Omni Shoreham Hotel, 2500 Calvert Street, NW.,

Washington, DC.

 

Office of the Secretary

Renewal of Declaration Regarding Emergency Use of Doxycycline

Hyclate Tablets Accompanied by Emergency Use Information

ACTION: Notice.

 Health Resources and Services Administration

National Advisory Council on Migrant Health; Notice of Meeting

Dates and Times: November 2, 2009, 8:30 a.m. to 5 p.m.; November

3, 2009, 8:30 a.m. to 5 p.m.

Place: Hilton Hotel, 1750 Rockville Pike, Rockville, Maryland

20852, Telephone: (301) 468-1100, Fax: (301) 468-0308.

Status: The meeting will be open to the public.

 

National Institutes of Health

Notice of Establishment of the Interagency Breast Cancer and

Environmental Research Coordinating Committee

SUMMARY: Pursuant to the Federal Advisory Committee Act, as amended (5

U.S.C. Appendix 2), the Director, National Institutes of Health (NIH),

announces the establishment of the Interagency Breast Cancer and

Environmental Research Coordinating Committee (Committee).

The Committee shall coordinate all efforts within the Department of

Health and Human Services to share and coordinate information on

existing research activities, and make recommendations to the Secretary

DHHS, the National Institutes of Health and other Federal agencies

regarding how to improve existing research programs.

Duration of this committee is two years from the date the Charter

is filed.

 

October 7

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

to the Long-Term Care Hospital Prospective Payment System and Rate Year

2010 Rates; Corrections

ACTION: Correction of final rules and interim final rule with comment

period.

SUMMARY: This document corrects technical errors and typographical

errors that appeared in the final rules and interim final rule with

comment period published in the Federal Register on August 27, 2009 entitled

``Medicare Program; Changes to the Hospital Inpatient Prospective

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

to the Long-Term Care Hospital Prospective Payment System and Rate Year

2010 Rates.''

DATES: Effective Date: This correction document is effective October 2,

2009.

Applicability Date: This correction document is applicable to

discharges occurring on or after October 1, 2009.

 

DEPARTMENT OF THE TREASURY

Internal Revenue Service

DEPARTMENT OF LABOR

Employee Benefits Security Administration

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

Interim Final Rules Prohibiting Discrimination Based on Genetic

Information in Health Insurance Coverage and Group Health Plans

ACTION: Interim final rules with request for comments.

SUMMARY: This document contains interim final rules implementing

sections 101 through 103 of the Genetic Information Nondiscrimination

Act of 2008. These provisions prohibit discrimination based on genetic

information in health insurance coverage and group health plans.

DATES: Effective Date: These interim final regulations are effective on

December 7, 2009.

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary; Office of Civil Rights

HIPAA Administrative Simplification: Standards for Privacy of

Individually Identifiable Health Information

ACTION: Proposed rule.

SUMMARY: The Department of Health and Human Services (HHS) proposes to

modify certain provisions of the ``Standards for Privacy of

Individually Identifiable Health Information'' (Privacy Rule), issued

under the Health Insurance Portability and Accountability Act of 1996

(HIPAA). The purpose of these proposed modifications is to implement

section 105 of Title I of the Genetic Information Nondiscrimination Act

of 2008 (GINA) regarding the privacy and confidentiality of genetic

information, as well as to make certain other changes to the HIPAA

Privacy Rule.

DATES: Comments on the proposed rule will be considered if we receive

them at the appropriate address, as provided below, no later than

December 7, 2009.

 

October 8 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

Food and Drug Administration

Guidance for Industry and Food and Drug Administration Staff;

Implementation of Medical Device Establishment Registration and Device

Listing Requirements Established by the Food and Drug Administration

Amendments Act of 2007; Availability

ACTION: Notice.

SUMMARY: The purpose of this guidance is to explain recent changes in

the device registration and listing program to owner/operators and

official correspondents of device establishments and to help them

fulfill these new requirements.

 

October 9 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality Agency Information

Collection Activities: Proposed Collection; Comment Request

ACTION: Notice.

SUMMARY: This notice announces the intention of the Agency for

Healthcare Research and Quality (AHRQ) to request that the Office of

Management and Budget (0MB) approve the proposed information collection

project: ``Medical Expenditure Panel Survey (MEPS) Household Component

and the MEPS Medical Provider Component through 2012.'' In accordance

with the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.

3506(c)(2)(A)), AHRQ invites the public to comment on this proposed

information collection.

DATES: Comments on this notice must be received by November 9, 2009.

 

Agency for Healthcare Research and Quality

National Advisory Council for Healthcare Research and Quality:

Request for Nominations for Public Members

ACTION: Request for nominations for public members.

SUMMARY: Section 931 of the Public Health Service Act (PHS Act), 42

U.S.C. 299c, established a National Advisory Council for Healthcare

Research and Quality (the Council). The Council is to advise the

Secretary of HHS (Secretary) and the Director of the Agency for

Healthcare Research and Quality (AHRQ) on matters related to activities

of the Agency to improve the quality, safety, efficiency, and

effectiveness of health care for all Americans.

Seven current members' terms will expire in November 2009. To fill

these positions in accordance with the legislative mandate establishing

the Council, we are seeking individuals who are distinguished: (1) In

the conduct of research, demonstration projects, and evaluations with

respect to health care; (2) in the fields of health care quality

research or health care improvement; (3) in the practice of medicine;

(4) in other health professions; (5) in representing the private health

care sector (including health plans, providers, and purchasers) or

administrators of health care delivery systems; (6) in the fields of

health care economics, information systems, law, ethics, business, or

public policy; and (7) in representing the interests of patients and

consumers of health care. Individuals are particularly sought with

experience and success in activities specified in the summary above.

DATES: Nominations should be received on or before Friday, November 20,

2009.

 

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: Medicare Quality of Care Complaint Form

 

Centers for Medicare & Medicaid Services

Agency Information Collection Activities: Proposed Collection;

Comment Request

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

approved collection; Title of Information Collection: CY 2011 Bid

Pricing Tool (BPT) for Medicare Advantage (MA) Plans and Prescription

Drug Plans (PDP)

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

approved collection; Title of Information Collection: CY 2011 Plan

Benefit Package (PBP) Software and Formulary Submission

3. 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

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

Information Collection: Data Collection For Developing Outpatient

Therapy Payment Alternatives (DOTPA)

5. 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

 

Food and Drug Administration

Medical Devices; Immunology and Microbiology Devices;

Classification of Respiratory Viral Panel Multiplex Nucleic Acid Assay

ACTION: Final rule.

 

Food and Drug Administration

Determination of Regulatory Review Period for Purposes of Patent

Extension; ENTEREG; U.S. Patent Nos. 5,250,542 and 5,434,171

ACTION: Notice.

 

Food and Drug Administration

Draft Guidance for Industry and Food and Drug Administration

Staff; the Mammography Quality Standards Act Final Regulations:

Modifications and Additions to Policy Guidance Help System 13;

Availability

ACTION: Notice.

SUMMARY: The Food and Drug Administration (FDA) is announcing the

availability of the draft guidance entitled ``The Mammography Quality

Standards Act Final Regulations: Modifications and Additions to Policy

Guidance Help System 13.'' This document is intended to

provide guidance to mammography facilities and their personnel. It

represents FDA's current thinking on the final regulations implementing

the Mammography Quality Standards Act of 1992 (MQSA). This guidance

document updates previous guidance. This draft guidance is not final

nor is it in effect at this time.

DATES:  Although you can comment on any guidance at any time (see 21

CFR 10.115(g)(5)), to ensure that the agency considers your comment on

this draft guidance before it begins work on the final version of the

guidance, submit written or electronic comments on the draft guidance

by January 7, 2010.

 

Food and Drug Administration

Guidances for Industry and Food and Drug Administration Staff;

Class II Special Controls Guidance Documents: Respiratory Viral Panel

Multiplex Nucleic Acid Assay; and Testing for Human Metapneumovirus

Using Nucleic Acid Assays; and Testing for Detection and

Differentiation of Influenza A Virus Subtypes Using Multiplex Nucleic

Acid Assays; Availability

ACTION: Notice.

DATES:  Submit written or electronic comments on the guidances at any

time. General comments on agency guidance documents are welcome at any

time.

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