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Weekly Legislative & Regulatory Round-up

Week of January 24 - 30

GAO reports

January 29, 2008
Traumatic Brain Injury: Better DOD and VA Oversight Can Help Ensure More Accurate, Consistent, and Timely Decisions for the Traumatic Injury Insurance Program

January 28, 2009
Electronic Health Records: DOD's and VA's Sharing of Information Could Benefit from Improved Management

Medicare: Callers Can Access 1-800-MEDICARE Services, but Responsibility within CMS for Limited English Proficiency Plan Unclear

January 23, 2009
VA Health Care: Long-Term Care Strategic Planning and Budgeting Need Improvement

 

OIG reports

January 28, 2009
Medicare Administrative Law Judge Hearings: Update, 2007–2008  

January 27, 2009
Iowa's Medicaid Payments Claimed for Children’s Remedial Services  

Review of High-Dollar Payments for Missouri Medicare Part B Claims Processed by Pinnacle Business Solutions, Inc., for the Period January 1 Through December 31, 2004

Review of Retiree Drug Subsidy Costs Reported by the City of Boston for Plan Years 2006 and 2007

Review of Medicaid Overpayments at Ledgeview Living Center for Calendar Years 2004 Through 2006

 

Bills introduced
Number/
Title
Date Introduced Sponsor Description

H.R. 667

1/23/09

JOHN SALAZAR (D-CO)

A bill to improve the diagnosis and treatment of traumatic brain injury in members and former members of the Armed Forces, to review and expand telehealth and telemental health programs of the Department of Defense and the Department of Veterans Affairs, and for other purposes; Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R. 668

1/23/09

GREG WALDEN (R-OR)

A bill to amend title XVIII of the Social Security Act to provide flexibility in the manner in which beds are counted for purposes of determining whether a hospital may be designated as a critical access hospital under the Medicare Program and to exempt from the critical access hospital inpatient bed limitation the number of beds provided for certain veterans; Referred to the Committee on Ways and Means.

S. 314

1/26/09

ORRIN G. HATCH (R-UT)

A bill to amend title XIX of the Social Security Act to establish programs to improve the quality, performance, and delivery of pediatric care;  Referred to the Committee on Finance

S. 318

1/26/09

CHARLES E. GRASSLEY (R-IA)

A bill to amend title XVIII of the Social Security Act to improve access to health care under the Medicare program for beneficiaries residing in rural areas; Referred  to the Committee on Finance

S. 319

1/26/09

JEFF BINGAMAN (D-NM)

A bill to amend the Public Health Service Act to provide grants to promote positive health behaviors in women and children; Referred  to the Committee on Health, Education, Labor, and Pensions

S. 326

1/26/09

MITCH McCONNELL (R-KY)

A bill to amend title XXI of the Social Security Act to reauthorize the State Children's Health Insurance Program through fiscal year 2013, and for other purposes; Referred  to the Committee on Finance

H.R. 676

1/26/09

JOHN CONYERS (D-MI)

A bill to provide for comprehensive health insurance coverage for all United States residents, improved health care delivery, and for other purposes;  Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

H.R. 678

1/26/09

BOB FILNER (D-CA)

A bill to require the Commissioner of Social Security to revise the medical criteria for evaluating disability in a person diagnosed with Huntington's Disease and to waive the 24-month waiting period for Medicare eligibility for individuals disabled by Huntington's Disease; Referred  to the Committee on Ways and Means.

H.R. 684

1/26/09

JOHN TIERNEY (D-MA)

A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare Program; Referred  to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

H.R. 686

1/26/09

SUSAN DAVIS (D-CA)

A bill to amend title XIX of the Social Security Act to permit local public agencies to act as Medicaid enrollment brokers; Referred  to the Committee on Energy and Commerce

H.R. 688

1/26/09

KAY GRANGER (R-TX)

A bill to amend title XXI of the Social Security Act to reauthorize the State Children's Health Insurance Program through fiscal year 2013, and for other purposes; Referred  to the Committee on Energy and Commerce.

H.R. 694

1/26/09

JOE SESTAK (D-PA)

A bill to extend temporarily the 18-month period of continuation coverage under group health plans required under COBRA continuation coverage provisions so as to provide for a total period of continuation coverage of up to 24 months; Referred  to the Committee on Education and Labor, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

H.R. 697

1/26/09

ANTHONY WEINER (D-NY)

A bill to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and chapter 89 of title 5, United States Code, to require coverage for the treatment of infertility;  Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

S. 330

1/27/09

RICHARD DURBIN (D-IL)

A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare program; Referred  to the Committee on Finance

S. 332.

1/27/09

DIANNE FEINSTEIN (D-CA)

A bill to establish a comprehensive interagency response to reduce lung cancer mortality in a timely manner; Referred  to the Committee on Health, Education, Labor, and Pensions

H.R. 716

1/27/09

STEVE ISRAEL (D-NY)

A bill to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require group and individual health insurance coverage and group health plans to provide coverage for individuals participating in approved cancer clinical trials;  Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

H.R. 722

1/27/09

JAMES MORAN (D-VA)

A bill to amend title XIX of the Social Security Act to provide an option of States to cover a children's program of all-inclusive coordinated care (ChiPACC) under the Medicaid Program; Referred  to the Committee on Energy and Commerce

H.R. 723.

1/27/09

RICHARD NEAL (D-MA)

A bill to amend the Social Security Act to eliminate the 5-month waiting period for Social Security disability and the 24-month waiting period for Medicare benefits in the cases of individuals with disabling burn injuries;  Referred to the Committee on Ways and Means.

H.R. 724

1/27/09

ED PASTOR (D-AZ)

A bill to amend the Public Health Service Act to authorize grants to increase the number of qualified nursing faculty, and for other purposes;  Referred to the Committee on Energy and Commerce

H.R. 745

1/28/09

ANNA ESHOO (D-CA)

A bill to amend the Public Health Service Act to provide for a Pancreatic Cancer Initiative, and for other purposes;  Referred to the Committee on Energy and Commerce.

H.R. 747

1/28/09

BOBBY SCOTT (D-VA)

A bill to amend the Social Security Act to provide health insurance coverage for children and pregnant women throughout the United States by combining the children and pregnant woman health coverage under Medicaid and SCHIP into a new All Healthy Children Program, and for other purposes;  Referred to the Committee on Energy and Commerce

H.R. 756

1/28/09

LOIS CAPPS (D-CA)

A bill to amend the Public Health Service Act with respect to pain care;  Referred to the Committee on Energy and Commerce

H.R. 758

1/28/09

DIANA DEGETTE (D-CO)

A bill to amend title IV of the Public Health Service Act to provide for the establishment of pediatric research consortia;  Referred to the Committee on Energy and Commerce

H.R. 759

1/28/09

ANNA ESHOO (D-CA)

A bill to amend the Federal Food, Drug, and Cosmetic Act to improve the safety of food, drugs, devices, and cosmetics in the global market, and for other purposes; Referred  to the Committee on Energy and Commerce

S. 343

1/29/09

BLANCHE LINCOLN (D-AR)

A bill to amend title XVIII of the Social Security Act to provide for Medicare coverage services of qualified respiratory therapists performed under the general supervision of a physician; Referred  to the Committee on Finance

S. 350

1/29/09

MAX BAUCUS (D-MT)

An original bill to provide for a portion of the economic recovery package relating to revenue measures, unemployment, and health; Referred  from the Committee on Finance; placed on the calendar

S. 353

1/29/09

SHERROD BROWN (D-OH)

A bill to amend title IV of the Public Health Service Act to provide for the establishment of pediatric research consortia; Referred to the Committee on Health, Education, Labor, and Pensions

 

Federal Register notices

January 26, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

 

Medicare Program; Changes to the Hospital Outpatient Prospective

Payment System and CY 2009 Payment Rates; Changes to the Ambulatory

Surgical Center Payment System and CY 2009 Payment Rates; Hospital

Conditions of Participation: Requirements for Approval and Re-Approval

of Transplant Centers To Perform Organ Transplants--Clarification of

Provider and Supplier Termination Policy Medicare and Medicaid

Programs: Changes to the Ambulatory Surgical Center Conditions for

Coverage

 

ACTION: Correction of final rule with comment period.

 

SUMMARY: This document corrects technical errors that appeared in the

final rule with comment period published in the Federal Register on

November 18, 2008, entitled ``Medicare Program; Changes to the Hospital

Outpatient Prospective Payment System and CY 2009 Payment Rates;

Changes to the Ambulatory Surgical Center Payment System and CY 2009

Payment Rates; Hospital Conditions of Participation: Requirements for

Approval and Re-Approval of Transplant Centers To Perform Organ

Transplants--Clarification of Provider and Supplier Termination Policy

Medicare and Medicaid Programs: Changes to the Ambulatory Surgical

Center Conditions for Coverage'' (hereinafter referred to as the CY

2009 OPPS/ASC final rule with comment period).

 

Medicaid Program; Fiscal Year Disproportionate Share Hospital

Allotments and Disproportionate Share Hospital Institutions for Mental

Disease Limits

 

ACTION: Correction of notice.

 

 

SUMMARY: This document corrects a technical error that appeared in the

notice published in the Federal Register on December 19, 2008 entitled,

``Medicaid Program; Fiscal Year Disproportionate Share Hospital

Allotments and Disproportionate Share Hospital Institutions for Mental

Disease Limits.''

 

January 27, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality

 

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 (OMB) allow information collection related to

implementation of the Patient Safety and Quality Improvement Act of

2005, 42 U.S.C. 299b-21 to 299b-26, in: ``Patient Safety Organization

Certification for Initial Listing and Related Forms and a Patient

Safety Confidentiality Complaint Form'' In accordance with the

Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), AHRQ invites

the public to comment on this proposed information collection.

 

Centers for Disease Control and Prevention

 

AGENCY: National Institute for Occupational Safety and Health (NIOSH)

of the Centers for Disease Control and Prevention (CDC), Department of

Health and Human Services (HHS).

 

ACTION: Extension of public comment period.

 

SUMMARY: The National Institute for Occupational Safety and Health

(NIOSH) of the Centers for Disease Control and Prevention (CDC)

announced the availability of a draft document available for public

comment entitled ``NIOSH Criteria Document Update: Occupational

Exposure to Hexavalent Chromium'' on October 17, 2008, as well as a

public meeting to be held on January 22, 2009. The document and

instructions for submitting comments can be found at http://

www.cdc.gov/niosh/review/public/144/. Comments were to be provided to

the NIOSH docket by January 31, 2009, as well as given orally at the

public meeting. A request has been received to extend the comment

period to permit the public more time to gather and submit information.

    Accordingly, NIOSH is extending the public comment period by 60

days to March 31, 2009.

 

Centers for Medicare & Medicaid Services

 

ACTION: Final rule; delay of effective date and reopening of comment

period.

 

SUMMARY: In accordance with the memorandum of January 20, 2009, from

the Assistant to the President and Chief of Staff, entitled

``Regulatory Review Plan,'' this action temporarily delays for 60 days

the effective date of the final rule entitled ``Medicaid Program;

Premiums and Cost Sharing'' (73 FR 71828). The temporary 60-day delay

in effective date is necessary to give Department officials the

opportunity for further review and consideration of new regulations. In

addition, this action reopens the comment period on the policies set

out in the November 25, 2008 final rule.

 

National Institutes of Health

 

Prospective Grant of Exclusive License: Multi-Domain Amphipathic

Helical Peptides for the Treatment of Cardiovascular Diseases

 

ACTION: Notice.

 

SUMMARY: This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37

CFR 404.7(a)(1)(i), that the National Institutes of Health (NIH),

Department of Health and Human Services (HHS), is contemplating the

grant of an exclusive license worldwide to practice the invention

embodied in: United States Provisional Patent Application No. 60/

619,392, filed October 15, 2004, entitled ``Multi-Domain Amphipathic

Helical Peptides and Methods of Their Use'' (HHS Ref. No. E-114-2004/0-

US-01), United States Patent Application Serial No. 11/577,259, filed

April 13, 2007, entitled ``Multi-Domain Amphipathic Helical Peptides

and Methods of Their Use'' (HHS Ref. No. E-114-2004/0-US-07);

Australian Patent Application Serial No. 2005295640, filed October 14,

2005, entitled ``Multi-Domain Amphipathic Helical Peptides and Methods

of Their Use'' (HHS Ref. No. E-114-2004/0-AU-03); Canadian Patent

Application Serial No. 2584048, filed October 14, 2005, entitled

``Multi-Domain Amphipathic Helical Peptides and Methods of Their Use''

(HHS Ref. No. E-114-2004/0-CA-04); European Patent Application Serial

No. 05815961.7, filed October 14, 2005, entitled ``Multi-Domain

Amphipathic Helical Peptides and Methods of Their Use'' (HHS Ref. No.

E-114-2004/0-EP-05); Japanese Patent Application Serial No. 2007-

536912, filed October 14, 2005, entitled ``Multi-Domain Amphipathic

Helical Peptides and Methods of Their Use'' (HHS Ref. No. E-114-2004/0-

JP-06) to KineMed, Inc., having a place of business in the State of

California. The field of use may be limited to FDA or foreign

regulatory body approved 5a peptide therapeutic for the prevention and

treatment of cardiovascular diseases. The United States of America is

the assignee of the patent rights in this invention. The territory may

be worldwide. This announcement is the second notice to grant an

exclusive license to this technology and supersedes any previous

announcements including the Notice published in the Federal Register on

Wednesday, May 11, 2005 (70 FR 24832).

 

January 29, 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality

 

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 (OMB) approve the proposed information collection

project: ``Assessing Organizational Responses to AHRQ's Health Literacy

Pharmacy Tools.'' In accordance with the Paperwork Reduction Act of

1995, 44 U.S.C. 3506(c)(2)(A), AHRQ invitesthe public to comment on

this proposed information collection.

 

National Institute for Occupational Safety and Health

 

Designation of a Class of Employees for Addition to the Special

Exposure Cohort

 

ACTION: Notice.

 

SUMMARY: HHS gives notice of a decision to designate a class of

employees at Vitro Manufacturing in Canonsburg, Pennsylvania, as an

addition to the Special Exposure Cohort (SEC) under the Energy

Employees Occupational Illness Compensation Program Act of 2000. On

January 16, 2009, the Secretary of HHS designated the following class

of employees as an addition to the SEC:

 

    All AWE employees who worked at Vitro Manufacturing in Canonsburg,

Pennsylvania, from August 13, 1942 through December 31, 1957, for a

number of work days aggregating at least 250 work days, occurring

either solely under this employment or in combination with work days

within the parameters established for one or more other classes of

employees in the Special Exposure Cohort.

 

This designation will become effective on February 15, 2009, unless

Congress provides otherwise prior to the effective date. After this

effective date, HHS will publish a notice in the Federal Register

reporting the addition of this class to the SEC or the result of any

provision by Congress regarding the decision by HHS to add the class to

the SEC.

 

 

January, 30 2009

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

 

Proposed Data Collections Submitted for Public Comment and

Recommendations (2) (3)

 

    In compliance with the requirement of Section 3506(c)(2)(A) of the

Paperwork Reduction Act of 1995 for opportunity for public comment on

proposed data collection projects, the Centers for Disease Control and

Prevention (CDC) will publish periodic summaries of proposed projects.

Alternatively, to obtain a copy of the data collection plans and

instrument, call 404-639-5960 and send comments to Maryam I. Daneshvar,

CDC Reports Clearance Officer, 1600 Clifton Road, NE., MS-D74, Atlanta,

Georgia 30333; comments may also be sent by e-mail to omb@cdc.gov.

    Comments are invited on (a) whether the proposed collection of

information is necessary for the proper performance of the functions of

the agency, including whether the information shall have a practical

utility; (b) the accuracy of the agency's estimate of the burden of the

proposed collection of information; (c) ways to enhance the quality,

utility, and clarify of the information to be collected; and (d) ways

to minimize the burden of the collection of information on respondents,

including through the use of information technology. Written comments

should be received within 60 days of this notice.

 

Proposed Project

 

    Prevalence Survey of Healthcare Acquired Infections (HAIs) in U.S.

Acute Care Hospitals--New--National Center for Preparedness, Detection,

and Control of Infectious Diseases (NCPDCID), Centers for Disease

Control and Prevention (CDC).

 

 

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