Weekly Legislative & Regulatory Round-up

Week of May 29 - June 4, 2010

GAO reports

Medicare Advantage: Relationship between Benefit Package Designs and Plans' Average Beneficiary Health Status GAO-10-403

Campaign Finance Reform: Experiences of Two States That Offered Full Public Funding for Political Candidates GAO-10-390

Campaign Finance Reform: Additional Information Related to Program Goals in Two States Offering Full Public Funding for Political Candidates (GAO-10-391SP), an E-supplement to GAO-10-390 GAO-10-391SP

OIG reports

Advisory Opinion 10-07 (PDF)
(concerning a nonprofit, tax-exempt, charitable organization’s proposal to provide assistance with cost-sharing obligations to financially needy individuals, including Medicare and Medicaid beneficiaries, diagnosed with certain specified diseases)

Bills introduced

Number/ Title	Date Introduced	Sponsor	Description
H.R. 5457	05/28/2010	CASTOR, KATHY (D-FL)	A bill to provide supplemental payments to nursing facilities serving Medicare and Medicaid patients and to amend title XIX of the Social Security Act to assure adequate Medicaid payment levels for services; referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.
H.R. 5461	05/28/2010	DAVIS, DANNY (D-IL)	A bill to amend title XVIII of the Social Security Act to cover screening computed tomography colonography as a colorectal cancer screening test under the Medicare Program; referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.
H.R. 5462	05/28/2010	DELAURO, ROSA (D-CT)	A bill to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to establish and implement a birth defects prevention, risk reduction, and public awareness program; referred to the Committee on Energy and Commerce.
H.R. 5466	05/28/2010	KENNEDY, PATRICK (D-RI)	A bill to amend titles V and XIX of the Public Health Service Act to revise and extend substance use disorder and mental health programs, and for other purposes; referred to the Committee on Energy and Commerce.
H.R. 5471	05/28/2010	PINGREE, CHELLIE (D-ME)	A bill to amend the American Recovery and Reinvestment Act of 2009 to extend for 6 months the increase provided under that Act in the Medicaid Federal medical assistance percentage (FMAP); referred to the Committee on Energy and Commerce.
H.R. 5474	05/28/2010	SCHAUER, MARK (D-MI)	A bill to amend title XVIII of the Social Security Act with respect to reclassification of hospitals as rural referral centers under the Medicare Program; referred to the Committee on Ways and Means.

Federal Register notices

June 1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

Agency Information Collection Activities: Proposed Collection:

Comment Request

Proposed Project: The Health Education Assistance Loan (HEAL) Program:

Physician's Certification of Borrower's Total and Permanent Disability

Form (OMB No. 0915-0204)—Extension

June 2

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

Medicare Program; Supplemental Proposed Changes to the Hospital

Inpatient Prospective Payment Systems for Acute Care Hospitals and the

Long-Term Care Hospital Prospective Payment System and Supplemental

Proposed Fiscal Year 2011 Rates

ACTION: Proposed rule.

SUMMARY: This proposed rule is a supplement to the fiscal year (FY)

2011 hospital inpatient prospective payment systems (IPPS) and long-

term care prospective payment system (LTCH PPS) proposed rule published

in the May 4, 2010 Federal Register. This supplemental proposed rule

would implement certain statutory provisions relating to Medicare

payments to hospitals for inpatient services that are contained in the

Patient Protection and Affordable Care Act and the Health Care and

Education Reconciliation Act of 2010 (collectively known as the

Affordable Care Act). It would also specify statutorily required

changes to the amounts and factors used to determine the rates for

Medicare acute care hospital inpatient services for operating costs and

capital-related costs, and for long-term care hospital costs.

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

the addresses provided below, no later than 5 p.m. on July 2, 2010.

Centers for Medicare & Medicaid Services

Medicare Program; Supplemental Proposed Changes to the Hospital

Inpatient Prospective Payment Systems for Acute Care Hospitals and the

Long-Term Care Hospital Prospective Payment System and Supplemental

Proposed Fiscal Year 2011 Rates; Correction

ACTION: Correction of proposed rule.

SUMMARY: This document corrects technical errors that appeared in the

supplementary proposed rule entitled ``Medicare Program; Supplemental

Proposed Changes to the Hospital Inpatient Prospective Payment Systems

for Acute Care Hospitals and the Long-Term Care Hospital Prospective

Payment System and Supplemental Proposed Fiscal Year 2011 Rates'' which

was filed for public inspection on May 21, 2010.

DATES: The comment period for the proposed rule FR Doc. No. 2010-12567,

published elsewhere in this issue, is corrected to close June 18, 2010.

Centers for Medicare & Medicaid Services

Medicare Program; 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:

Final Fiscal Year 2010 Wage Indices and Payment Rates Implementing the

Affordable Care Act

ACTION: Notice.

SUMMARY: This notice contains the final wage indices, hospital

reclassifications, payment rates, impacts, and other related tables

effective for the fiscal year (FY) 2010 hospital inpatient prospective

payment systems (IPPS) and rate year 2010 long-term care hospital

(LTCH) prospective payment system (PPS). The rates, tables, and impacts

included in this notice reflect changes required by or resulting from

the implementation of several provisions of the Patient Protection and

Affordable Care Act and the Health Care and Education Reconciliation

Act of 2010. These provisions require the extension of the expiration

date for certain geographic reclassifications and special exception

wage indices through September 30, 2010; and certain market basket

updates for the IPPS and LTCH PPS.

DATES: Effective Date: The revised standard Federal rates described in

this notice are effective for payment years beginning October 1, 2009.

Hospitals are paid based on the rates published in this notice for

discharges on or after April 1, 2010.

Health Resources and Services Administration

Advisory Commission on Childhood Vaccines; Request for

Nominations for Voting Members

ACTION: Notice.

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

requesting nominations to fill three vacancies on the Advisory

Commission on Childhood Vaccines (ACCV). The ACCV was established by

Title XXI of the Public Health Service Act (the Act), as enacted by

Public Law (Pub. L.) 99-660 and as subsequently amended, advises the

Secretary of Health and Human Services (the Secretary) on issues

related to implementation of the National Vaccine Injury Compensation

Program (VICP).

DATES: The agency must receive nominations on or before July 2, 2010.

June 3

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 (OMB) approve the proposed information collection

project: ``Reductions of Infection Caused by Carbapenem Resistant

Enterobacteriaceae (KPC) Producing Organisms through the Application of

Recently Developed CDC/HICPAC Recommendations.'' In accordance with the

Paperwork Reduction Act, 44 U.S.C. 3501-3520, AHRQ invites the public

to comment on this proposed information collection.

This proposed information collection was previously published in

the Federal Register on March 31st, 2010 and allowed 60 days for public

comment. No comments were received. The purpose of this notice is to

allow an additional 30 days for public comment.

DATES: Comments on this notice must be received by July 6, 2010.

Food and Drug Administration

Memorandum of Understanding by and Between the United States Food

and Drug Administration and the International Anesthesia Research

Society for the Safety of Key Inhaled and Intravenous Drugs in

ACTION: Notice.

June 4

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: Part C and D Complaints Resolution Performance

Measures.

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: Medicare Health

Outcomes Survey (HOS).

Food and Drug Administration

Information Sheet Guidance for Sponsors, Clinical Investigators,

and IRBs; Frequently Asked Questions--Statement of Investigator (Form

FDA 1572); Availability

ACTION: Notice.

National Committee on Vital and Health Statistics

ACTION: Meeting

Name: National Committee on Vital and Health Statistics (NCVHS),

Full Committee Meeting.

Time and Date: June 16, 2010: 9 a.m.-5 p.m. and June 17, 2010: 9

a.m.-11:30 a.m.

Place: Sheraton Crystal City Hotel, 1800 Jefferson Davis

Highway, Arlington, VA 22202.

Status: Open.