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Weekly Legislative & Regulatory Round-up

Week of April 5 - 16, 2010

GAO reports

Fiscal Year 2011 Budget Request: U.S. Government Accountability Office GAO-10-574T

Human Capital: Status of Actions Needed to Improve the Timely and Accurate Delivery of Compensation and Medical Benefits to Deployed Civilians GAO-10-615T

OIG reports

Analysis of Improper Payments Identified During the Payment Error Rate Measurement Program Reviews in 2006 and 2007 (A-06-09-00079)

Medicare Payments for Medical Equipment and Supply Claims With Identical Referring Physician and Supplier National Provider Identifiers (PDF) (OEI-04-10-00110)

Review of the Hurricane Katrina Health-Care-Related Professional Workforce Supply Grant for the Greater New Orleans Area (A-06-08-00026)

Review of Colorado’s Claims Associated With the Increased Federal Medical Assistance Percentage Under the American Recovery and Reinvestment Act of 2009 (A-07-09-02767)

Review of Delaware’s Claims Associated With the Increased Federal Medical Assistance Percentage Under the American Recovery and Reinvestment Act of 2009 (A-03-09-00202)

Bills introduced
Number/
Title
Date Introduced Sponsor Description

H.R. 4993

4/13/10

ALLYSON SCHWARTZ (D-PA)

A bill to amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare Program; Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.

H.R. 4995

4/13/10

RON PAUL (R-TX)

A bill to restore the American people's freedom to choose the health insurance that best meets their individual needs by repealing the mandate that all Americans obtain government-approved health insurance; Referred to the Committee on Ways and Means, and in addition to the Committee on Education and Labor.

 H.R. 4999

4/13/10

SCOTT GARRETT (R-NJ)

A bill to amend the Internal Revenue Code of 1986 to repeal the mandate that individuals purchase health insurance; Referred to the Committee on Ways and Means.

S. 3199

4/14/10

OLYMPIA SNOWE (R-ME)

A bill to amend the Public Health Service Act regarding early detection, diagnosis, and treatment of hearing loss; Referred to the Committee on Health, Education, Labor, and Pensions.

 S. 3201

4/14/10

MARK UDALL (D-CO)

A bill to amend title 10, United States Code, to extend TRICARE coverage to certain dependents under the age of 26; Referred to the Committee on Armed Services.

H.R. 5014

4/14/10

BOB FILNER (D-CA)

A bill to clarify the health care provided by the Secretary of Veterans Affairs that constitutes minimum essential coverage; Referred to the Committee on Ways and Means.

H.R. 5025

4/14/10

PATRICK KENNEDY (D-RI)

A bill to amend the Public Health Service Act and the Social Security Act to extend health information technology assistance eligibility to behavioral health, mental health, and substance abuse professionals and facilities, and for other purposes; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

SHAHEEN

4/15/10

JEANNE SHAHEEN (D-NH)

A bill to amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certain certified diabetes educators as certified providers for purposes of outpatient diabetes self-management training services under part B of the Medicare Program; Referred to the Committee on Finance.

S. 3216

4/15/10

CHARLES GRASSLEY (R-IA)

A bill to amend title XVIII of the Social Security Act to ensure Medicare beneficiary access to physicians, to ensure equitable reimbursement under the Medicare program for all rural States, and to eliminate sweetheart deals for frontier States; Referred to the Committee on Finance.

H.R. 5044

4/15/10

RON KLEIN (D-FL)

A bill to provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system and biometric technology pilot program, and a GAO study on Medicare administrative contractors; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 5054

4/15/10

RANDY FORBES (R-VA)

A bill to prohibit the Internal Revenue Service from hiring new employees to enforce the Federal Government's invasion into the health care lives of American citizens; Referred to the Committee on Ways and Means.

 

Federal Register notices

April 5

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Food and Drug Administration

Neurological and Physical Medicine Devices; Designation of

Special Controls for Certain Class II Devices and Exemption From

Premarket Notification

ACTION: Proposed rule.

 

Food and Drug Administration

Draft Guidance for Industry and Food and Drug Administration

Staff; Medical Devices; Neurological and Physical Medicine Device

Guidance Documents; Availability

ACTION:  Notice.

 

Food and Drug Administration

International Conference on Harmonisation; Guidance on Q4B

Evaluation and Recommendation of Pharmacopoeial Texts for Use in the

International Conference on Harmonisation Regions; Annex 7 on

Dissolution Test General Chapter; Availability

ACTION:  Notice.

 

Food and Drug Administration

International Conference on Harmonisation; Guidance on Q4B

Evaluation and Recommendation of Pharmacopoeial Texts for Use in the

International Conference on Harmonisation Regions; Annex 9 on Tablet

Friability General Chapter; Availability

ACTION:  Notice.

 

April 6

 

Food and Drug Administration

Memorandum of Understanding Between the Food and Drug

Administration, United States Department of Health and Human Services

and the Association of Minority Health Profession Schools, Inc.

ACTION: Notice.

 

Food and Drug Administration

Memorandum of Understanding Between the Food and Drug

Administration, United States Department of Health and Human Services

and the National Alliance for Hispanic Health

ACTION: Notice.

 

April 7

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Office of the National Coordinator for Health Information

Technology

 

HIT Policy Committee Advisory Meeting; Notice of Meeting

ACTION: Notice of change of location for meetings.

Date and Time: The meetings will be held on April 20, 2010, from 9

a.m. to 5 p.m./Eastern Time (the Meaningful Use Workgroup); and April

21, 2010, from 10 a.m. to 4 p.m./Eastern Time (HIT Policy Committee).

Location: The location for both meetings has changed to the

Renaissance Dupont Circle Hotel, 1143 New Hampshire Avenue, NW.,

Washington, DC. The hotel telephone number is 202-775-0800.

 

Indian Health Service

Tribal Management Grant Program; Announcement Type: New and

Competing Continuation Discretionary Funding Cycle for Fiscal Year 2011

I. Funding Opportunity Description:

The Indian Health Service (IHS) announces competitive grant

applications for the Tribal Management

Grant (TMG) Program. This program is authorized under 25 U.S.C. 450h(b)

and 25 U.S.C. 450h(e) of the Indian Self-Determination and Education

Assistance Act (ISDEAA), Public Law (Pub. L.) 93-638, as amended.

 

April 8

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Health Resources and Services Administration

Agency Information Collection Activities: Proposed Collection:

Comment Request

Proposed Project: National Health Service Corps Alumni Initiative—New

 

Health Resources and Service Administration

Advisory Committee on Interdisciplinary, Community-Based

Linkages; Notice for Request for Nominations

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

requesting nominations to fill ten upcoming vacancies on the Advisory

Committee on Interdisciplinary, Community-Based Linkages (ACICBL).

DATES: The Agency must receive nominations on or before June 30, 2010.

 

April 9

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Food and Drug Administration

Drug and Medical Device Forum on Food and Drug Administration

Drug and Device Requirements and Supplier Controls; Public Educational

Forum

ACTION: Notice of public educational forum.

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

co-sponsorship with the Association of Food and Drug Officials (AFDO),

is announcing a public educational forum entitled ``Drugs & Medical

Device Supplier Management Forum.'' This 2-day public educational

forum, a component of AFDO's Annual Educational Conference, is intended

to provide information about FDA drug and device regulation to the

regulated industry.

Date and Time: The public educational forum will be held on Monday,

June 21, 2010, from 8 a.m. to 5 p.m. and Tuesday, June 22, 2010, from 8

a.m. to 5 p.m.

Location: The public educational forum will be held at the Sheraton

Norfolk Waterside Hotel, 777 Waterside Dr., Norfolk, VA 23510, 800-325-

3535, or 757-622-6664, FAX: 757-625-8271.

 

April 12

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Food and Drug Administration

International Conference on Harmonisation; Guidance on Q4B

Evaluation and Recommendation of Pharmacopoeial Texts for Use in the

International Conference on Harmonisation Regions; Annex 10 on

Polyacrylamide Gel Electrophoresis General Chapter; Availability

ACTION: Notice.

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Food and Drug Administration

Developing Guidance on Naming, Labeling, and Packaging Practices

to Reduce Medication Errors; Public Workshop; Request for Comments

ACTION:  Notice of public workshop; request for comments.

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

workshop entitled ``Developing Guidance on Naming, Labeling, and

Packaging Practices to Reduce Medication Errors.'' The purpose of the

public workshop is to initiate constructive dialogue and information

sharing among regulators, researchers, the pharmaceutical industry,

health care organizations, health care professionals, and others from

the general public about the design of drug and therapeutic biologic

container labels, carton labeling, and product packaging, and practices

to develop proprietary names to reduce medication errors. The input

from this workshop will be used to develop draft guidance for industry

on practices for naming, labeling, and packaging of drugs and biologics

to reduce the potential for medication errors. FDA is also opening a

public docket to receive comments on this topic to assist in the

development of draft guidance.

DATES AND TIME:  The public workshop will be held on Thursday and

Friday, June 24 and 25, 2010, from 8:30 a.m. to 5 p.m. each day.

Register to make a presentation at the workshop by May 25, 2010. See

section IV of this document for information on how to attend or present

at the meeting. Submit written or electronic comments to the docket by

July 23, 2010, to receive consideration.

 

 

April 13

No relevant notices.

 

April 14

 

DEPARTMENT OF THE TREASURY

Internal Revenue Service

DEPARTMENT OF LABOR

Employee Benefits Security Administration

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

Medical Loss Ratios; Request for Comments Regarding Section 2718

of the Public Health Service Act

ACTION: Request for information.

SUMMARY: This document is a request for comments regarding Section 2718

of the Public Health Service Act (PHS Act), which was added by Sections

1001 and 10101 of the Patient Protection and Affordable Care Act

(PPACA), Public Law 111-148, enacted on March 23, 2010. Section 2718 of

the PHS Act, among other provisions, requires health insurance issuers

offering individual or group coverage to submit annual reports to the

Secretary on the percentages of premiums that the coverage spends on

reimbursement for clinical services and activities that improve health

care quality, and to provide rebates to enrollees if this spending does

not meet minimum standards for a given plan year. Section 1562 of PPACA

also added section 715 of the Employee Retirement Income Security Act

of 1974 (ERISA) and section 9815 of the Internal Revenue Code of 1986

(the Code). These two sections effectively incorporate by reference

section 2718 and other amendments to title XXVII of the PHS Act. The

Departments of Health and Human Services (HHS), Labor, and the Treasury

(collectively, the Departments) invite public comments in advance of

future rulemaking.

DATES: Submit written or electronic comments by May 14, 2010.

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Office of the Secretary

Premium Review Process; Request for Comments Regarding Section

2794 of the Public Health Service Act

ACTION: Request for information.

SUMMARY: This document is a request for comments regarding Section 1003

of the Patient Protection and Affordable Care Act (PPACA), Pub. L. 111-

148, which added Section 2794 to the Public Health Service Act (the PHS

Act). Section 2794 of the PHS Act requires the Secretary to work with

States to establish an annual review of unreasonable rate increases, to

monitor premium increases and to award grants to States to carry out

their rate review process. The Department of Health and Human Services

(HHS) invites public comments in advance of future rulemaking.

DATES: Submit written or electronic comments by May 14, 2010.

 

April 15

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Centers for Medicare & Medicaid Services

Medicare Program; Policy and Technical Changes to the Medicare

Advantage and the Medicare Prescription Drug Benefit Programs

ACTION: Final rule.

SUMMARY: This final rule makes revisions to the regulations governing

the Medicare Advantage (MA) program (Part C) and prescription drug

benefit program (Part D) based on our continued experience in the

administration of the Part C and D programs. The revisions strengthen

various program participation and exit requirements; strengthen

beneficiary protections; ensure that plan offerings to beneficiaries

include meaningful differences; improve plan payment rules and

processes; improve data collection for oversight and quality

assessment, implement new policies and clarify existing program policy.

DATES: Effective Date: These regulations are effective on June 7, 2010.

However, we note that because health and drug plans under the Part C

and D programs operate under contracts with CMS that are applicable on

a calendar year basis, the provisions will not be applicable prior to

contract year January 1, 2011, except where otherwise noted.

 

Health Resources and Services Administration

Agency Information Collection Activities: Submission for OMB

Review; Comment Request

Proposed Project: HRSA AIDS Education and Training Centers Evaluation

Activities (OMB No. 0915-0281)—Revision

 

Health Resources and Services Administration

Agency Information Collection Activities: Proposed Collection:

Comment Request

Proposed Project: Scholarships for Disadvantaged Students Program (OMB

No. 0915-0149) Extension

 

April 16

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Office of the Secretary

Agency Information Collection Request; 30-Day Public Comment

Request

Proposed Project: The Effect of Reducing Falls on Acute and Long-

Term Care Expenses OMB No. 0990-0308--Extension--Assistant Secretary

Planning Evaluation (ASPE).

 

Office of the Secretary

Agency Information Collection Request. 60-Day Public Comment

Request

Proposed Project: Comprehensive Communication Campaign for HITECH

Act--OMB No. 0990-NEW-Office National Coordinator for Health

Information Technology (ONC).

 

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