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Weekly Legislative & Regulatory Round-up

Week of April 24 - 30, 2010

GAO reports

Centers for Medicare and Medicaid Services: Pervasive Internal Control Weaknesses Hindered Effective Contract Management GAO-10-637T

Medicare Contracting Reform: Agency Has Made Progress with Implementation, but Contractors Have Not Met All Performance Standards GAO-10-71

OIG reports

Summary of IG Compliance Keynote Address to the Health Care Compliance Association (PDF)

Comparison of Third-Quarter 2009 Average Sales Prices and Average Manufacturer Prices: Impact on Medicare Reimbursement for First Quarter 2010 (PDF) (OEI-03-10-00150)

Bills introduced
Number/
Title
Date Introduced Sponsor Description

 H.R. 5145

4/27/10

JERRY MCNERNEY (D-CA)

A bill to amend title 38, United States Code, to improve the continuing professional education reimbursement provided to health professionals employed by the Department of Veterans Affairs; Referred to the Committee on Veterans' Affairs.

H.R. 5185

4/28/10

PETER DEFAZIO (D-OR)

A bill to amend titles 10 and 38, United States Code, to increase the maximum age for children eligible for medical care under the TRICARE program and the CHAMPVA program; Referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs.

H.R. 5187

4/28/10

ALCEE HASTINGS (D-FL)

A bill to require the Secretary to establish a commission that is designed to construct a comprehensive national strategy on how to increase the affordability, accessibility, and effectiveness of long-term care and community services; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H. Res. 1311

4/18/10

STEVE COHEN (D-TN)

A resolution expressing support for the charitable collection and good samaritan distribution to uninsured, low-income Americans of Food and Drug Administration-approved, medically-appropriate, non-expired, non-narcotic prescription medications by non-profit organizations licensed to dispense such medications; Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary.

 

Federal Register notices

April 26

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Draft Guidance for Industry and Food and Drug Administration

Staff; Total Product Life Cycle: Infusion Pump--Premarket Notification

[510(k)] Submissions; Availability

ACTION: Notice.

 

Office of the Secretary

Regulatory Agenda

ACTION: Semiannual regulatory agenda

SUMMARY: The following Agenda presents the results of the statutorily

required semi-annual inventory of rulemaking actions currently under

development within the U.S. Department of Health and Human Services

(HHS). We hope that this information will enable interested members of

the public to more effectively participate in the Department's

regulatory activity.

 

Office of the National Coordinator for Health Information

Technology

HIT Policy Committee Advisory Meeting; Notice of Meeting

ACTION: Notice of meeting.

Date and Time: The meeting will be held on May 19, 2010, from 10

a.m. to 4 p.m./Eastern Time.

Location: TBD. Please check ONC Web site for information on

location.

 

Office of the National Coordinator for Health Information

Technology

HIT Policy Committee's Workgroup Meetings; Notice of

Meetings

ACTION: Notice of meetings.

Date and Time: The HIT Policy Committee Workgroups will hold the

following public meetings during May 2010: May 4th Meaningful Use

Workgroup, 10 a.m. to 12 p.m./ET; May 7th Privacy & Security Policy

Workgroup, 2 p.m. to 4 p.m./ET; May 10th NHIN Workgroup, 10 a.m. to

1 p.m./ET; and May 11th Strategic Plan Workgroup, 9 a.m. to 11 a.m./

ET.

 

Office of the National Coordinator for Health Information

Technology

HIT Standards Committee Advisory Meeting; Notice of Meeting

ACTION: Notice of meeting.

Date and Time: The meeting will be held on May 26, 2010, from 9

a.m. to 1 p.m./Eastern Time.

Location: The May 26th meeting will be conducted virtually only.

Dial into the meeting: 1-877-705-6006; webcast: http://

altarum.adobeconnect.com/HITstandards.

 

Office of the National Coordinator for Health Information

Technology;

 

 

HIT Standards Committee's Workgroup Meetings; Notice of Meetings

ACTION: Notice of meetings.

Date and Time: The HIT Standards Committee Workgroups will hold

the following public meetings during May 2010: May 4th Clinical

Operations Workgroup/Vocabulary Task Force, 1 p.m. to 4 p.m./ET; May

12th Clinical Operations Workgroup/Vocabulary Task Force, 10 a.m. to

11 a.m./ET; May 14th Privacy & Security Workgroup, 10 a.m. to 12

p.m./ET (dial in only); May 21st Clinical Quality Workgroup, 10 a.m.

to 12 p.m./ET; and May 25th Clinical Operations Workgroup/Vocabulary

Task Force, 9 a.m. to 11 a.m./ET.

 

Health Resources and Services Administration

Secretary's Advisory Committee on Heritable Disorders in Newborns

and Children

ACTION: Request for public comment on a Secretary's Advisory Committee

on Heritable Disorders in Newborns and Children's commissioned report:

Considerations and Recommendations for National Guidance Regarding the

Retention and Use of Residual Dried Blood Spot Specimens after Newborn Screening.

 

April 27

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Indian Health Service

Office of Clinical and Preventive Services; Division of Oral

Health; Dental Preventive and Clinical Support Centers Program

Announcement Type: New and Continuing Competitive.

Funding Announcement Number: HHS-2010-IHS-TDCP-0001.

 

April 28

No relevant notices.

 

April 29

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Food and Drug Administration

Agency Information Collection Activities; Submission for Office

of Management and Budget Review; Comment Request; Bar Code Label

Requirement for Human Drug and Biological Products

ACTION: Notice.

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

proposed collection of information has been submitted to the Office of

Management and Budget (OMB) for review and clearance under the

Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by June 1,

2010.

 

Food and Drug Administration

Draft Guidance for Industry and Food and Drug Administration

Staff; User Fees for 513(g); Requests for Information; Availability

ACTION: Notice.

 

Health Resources and Services Administration

Part D Comprehensive Services and Access to Research for Women,

Infants, Children and Youth Grant Under the Ryan White HIV/AIDS Program

ACTION: Fhttp://edocket.access.gpo.gov/2010/pdf/2010-9968.pdf for the

Mecklenburg County Health Department and Duke University.

 

April 30

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Centers for Medicare & Medicaid Services

Medicaid Program; State Flexibility for Medicaid Benefit Packages

ACTION: Final rule.

SUMMARY: This rule revises the final rule published on December 3, 2008

to implement provisions of section 6044 of the Deficit Reduction Act of

2005, which amends the Social Security Act by adding a new section 1937

related to the coverage of medical assistance under approved State

plans. That rule provides States increased flexibility under an

approved State plan to define the scope of covered medical assistance

by offering coverage of benchmark or benchmark-equivalent benefit

packages to certain Medicaid-eligible individuals. In addition, this

final rule responds to public comments on the February 22, 2008

proposed rule and comments received in response to rules published

subsequently that delayed the effective date of the December 3, 2008

final rule until July 1, 2010.

DATES: Effective Date: These regulations are effective on July 1, 2010.

 

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: Electronic Health

Records Demonstration System (EHRDS)--practice application and profile

update system.

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

approved collection; Title of Information Collection: Detailed

Explanation of Non-Coverage (42 CFR 422.626(e)(1)), and Notice of

Medicare Non-Coverage (42 CFR 422.624(b)(1))

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

approved collection; Title of Information Collection: Notice of Denial

of Medical Coverage (NDMC) and Notice of Denial of Payment (NDP)--42

CFR 422.568.

 

Centers for Medicare & Medicaid Services

Agency Information Collection Activities: Submission for OMB

Review; Comment Request

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

approved collection; Title of Information Collection: Hospital and

Health Care Complexes Cost Report and supporting Regulations in 42 CFR

413.20 and 413.24.

 

Centers for Medicare & Medicaid Services

Medicare Program; Inpatient Psychiatric Facilities Prospective

Payment System Payment--Update for Rate Year Beginning July 1, 2010 (RY

2011)

ACTION: Notice

SUMMARY: This notice updates the payment rates for the Medicare

prospective payment system (PPS) for inpatient psychiatric hospital

services provided by inpatient psychiatric facilities (IPFs). These

changes are applicable to IPF discharges occurring during the rate year

beginning July 1, 2010 through June 30, 2011. We are also responding to

comments on the IPF PPS teaching adjustment and the market basket,

which we received in response to our May 2009 IPF PPS notice with

request for comments.

DATES: Effective Date: The updated IPF prospective payment rates are

effective for discharges occurring on or after July 1, 2010 through

June 30, 2011.

 

Food and Drug Administration

Emerging Infectious Diseases: Evaluation to Implementation for

Transfusion and Transplantation Safety and Quantitative Risk

Assessment: Blood Safety and Availability; Public Workshops

ACTION: Notice of public workshops.

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Implementation of Section 5001 of the American Recovery and

Reinvestment Act of 2009 (Pub. L. 111-5) for Adjustments to the Second

Quarter of Fiscal Year 2010 Federal Medical Assistance Percentage Rates

for Federal Matching Shares for Medicaid and Title IV-E Foster Care,

Adoption Assistance and Guardianship Assistance Programs

ACTION: Notice.

SUMMARY: This notice provides the adjusted Federal Medical Assistance

Percentage (FMAP) rates for the second quarter of Fiscal Year 2010

(FY10) as required under Section 5001 of the American Recovery and

Reinvestment Act of 2009 (ARRA). Section 5001 of the ARRA provides for

temporary increases in the FMAP rates to provide fiscal relief to

States and to protect and maintain State Medicaid and certain other

assistance programs in a period of economic downturn. The increased

FMAP rates apply during a recession adjustment period that is defined

in ARRA as the period beginning October 1, 2008 and ending December 31,

2010.

DATES: Effective Date: These percentages are effective for the quarter

beginning January 1, 2010 through March 31, 2010.

 

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