HIPAA Administrative Simplification: Standards for Electronic Health Care Claims Attachments; Extension of Comment Period, 70574-70575 [05-23077]

Download as PDF 70574 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules If you are convicted of * * * then you may be subject to * * * under * * * (3) Any act prohibited by paragraph (a)(1), (2), or (3) of this section. A fine not to exceed $100 for the first offense, or a sentence of a fine and/or imprisonment for a Class A or B misdemeanor in accordance with 18 U.S.C. 3571 and 3581 et seq. for all subsequent offenses. The Federal Lands Recreation Enhancement Act (16 U.S.C. 6811). Services, Department of Health and Human Services, Attention: CMS–0050– P, P.O. Box 8014, Baltimore, MD 21244– 8014. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. By express or overnight mail. You may send written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–0050–P, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850. 4. By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to one of the following addresses. If you intend to deliver your comments to the Baltimore address, please call telephone number (410) 786– 7195 in advance to schedule your arrival with one of our staff members. Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201; or, 7500 Security Boulevard, Baltimore, MD 21244–1850. (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Lorraine Doo, 410–786–6597. Submitting Comments: We welcome comments from the public on all issues set forth in the September 23, 2005 proposed rule to assist us in fully considering issues, developing policies and adopting standards. You can assist us by referencing the file code CMS– 0050–P and the specific ‘‘issue identifier’’ that precedes the section on which you choose to comment. Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. CMS posts all comments received before the close of the comment period on its public Web site as soon as possible after they have been received. Comments received timely will be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1–800–743–3951. SUPPLEMENTARY INFORMATION: On September 23, 2005, we published a proposed rule in the Federal Register (70 FR 55990) that would recommend the adoption of a set of standards to facilitate the electronic exchange of clinical and administrative data to further improve the claims adjudication process when additional documentation is required. This rule proposes two X12N transaction standards: One to request the information, and one to respond to that request with the answer or additional information. This rule also proposes the use of Health Level 7 (HL7) specifications for the content and format of communicating the actual clinical information. Finally, this rule proposes the adoption of the Logical Observation Identifiers, Names and Codes or LOINC for specific identification of the additional information being requested, and the coded answers that respond to the requests. Due to the highly technical nature of the materials, and the size (length) of the technical documents being reviewed, we want to provide additional time for the industry to review and comment upon all of the technical documents (implementation guides, specifications, code sets, modifiers), and the policies proposed in the September 23, 2005 proposed rule. Due to the complexity of this proposed rule, the length of time [FR Doc. 05–23113 Filed 11–21–05; 8:45 am] BILLING CODE 4310–84–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 45 CFR Part 162 [CMS–0050–N] RIN 0938–AK62 HIPAA Administrative Simplification: Standards for Electronic Health Care Claims Attachments; Extension of Comment Period Notice of extension of comment period for proposed rule. ACTION: SUMMARY: This notice extends the comment period for a proposed rule published in the Federal Register on September 23, 2005 (70 FR 55990) that would recommend the adoption of a set of standards to facilitate the electronic exchange of clinical and administrative data to further improve the claims adjudication process when additional documentation is required. Due to the very technical nature of this rule, the industry is asking for additional time to conduct a more comprehensive and thorough review in order to provide comments to the Standards Development Organizations as well as to CMS. The comment period is extended for 60 days. DATES: The comment period is extended to 5 p.m. on January 23, 2006. ADDRESSES: In commenting, please refer to file code CMS–0050–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (no duplicates, please): 1. Electronically. You may submit electronic comments on specific issues in the September 23, 2005 proposed rule to https://www.cms.hhs.gov/regulations/ ecomments. (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.) 2. By regular mail. You may mail written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid VerDate Aug<31>2005 18:06 Nov 21, 2005 Jkt 208001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\22NOP1.SGM 22NOP1 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules between the development of the proposed standards and the publication of this proposed rule, the potential need to upgrade the data content of the specifications or the use of Release 2 of the Clinical Document Architecture (CDA), numerous members of the industry and professional associations have requested more time to analyze the potential impact and consequences of the proposed rule. Thus, we have decided to extend the comment period for an additional 60 days. This document announces the extension of the public comment period to January 23, 2006. Authority: Secs. 1173 and 1175 of the Social Security Act (42 U.S.C. 1302d–2 and 1320d–4). Dated: November 9, 2005. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. Dated: November 17, 2005. Michael O. Leavitt, Secretary. [FR Doc. 05–23077 Filed 11–21–05; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 051114298–5298–01; I.D. 110105C] RIN 0648–AT12 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Commercial Grouper Fishery; Trip Limit National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: SUMMARY: NMFS issues this proposed rule to implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would establish a 6,000–lb (2,722–kg) commercial trip limit for shallow-water and deep-water grouper, combined, in the exclusive economic zone of the Gulf of Mexico. The intended effect of this proposed rule is to minimize the effects of derby fishing and prolong the fishing season. VerDate Aug<31>2005 19:26 Nov 21, 2005 Jkt 208001 Written comments on the proposed rule must be received no later than 5 p.m., eastern time, on December 7, 2005. ADDRESSES: You may submit comments on the proposed rule by any of the following methods: • E-mail: 0648– AT12.Proposed@noaa.gov. Include in the subject line the following document identifier: 0648–AT12. • Federal e-Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Andy Strelcheck, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. • Fax: 727–824–5308; Attention: Andy Strelcheck. Copies of the regulatory amendment, which includes a Regulatory Impact Review (RIR), an Initial Regulatory Flexibility Analysis (IRFA), and an Environmental Assessment (EA), may be obtained from the Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue, Suite 1100, Tampa, FL 33607; telephone: 813–348–1630; fax: 813–348–1711; e-mail: gulfcouncil@gulfcouncil.org. Copies of the regulatory amendment may also be downloaded from the Council’s website at www.gulfcouncil.org. FOR FURTHER INFORMATION CONTACT: Andy Strelcheck, telephone: 727–824– 5374; fax: 727–824–5308; e-mail: andy.stelcheck@noaa.gov. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico is managed under the FMP. The FMP was prepared by the Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. On July 15, 2004 (69 FR 33315, June 15, 2004), NMFS implemented Secretarial Amendment 1 to the FMP to establish a red grouper rebuilding plan, including a 5.31 million-lb (2.42 million-kg), gutted weight, commercial quota and a 1.25 million-lb (0.57 million-kg), gutted weight, recreational target catch level for red grouper. Secretarial Amendment 1 also reduced the commercial quotas for deep-water grouper (i.e., speckled hind and yellowedge, misty, warsaw, and snowy grouper) and shallow-water grouper (i.e., all grouper other than deep-water grouper, goliath grouper, and Nassau grouper and including scamp before the quota for shallow-water grouper is reached). In 2004, the commercial deepwater grouper and shallow-water grouper quotas were reached prior to the end of the fishing year, and the fisheries DATES: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 70575 were closed on July 15, 2004 (69 FR 41433, July 9, 2004), and November 15, 2004 (69 FR 65092, November 10, 2004), respectively. In November 2004, the Council, at the request of representatives of the commercial grouper fishing industry, asked NMFS to develop an emergency or interim rule establishing trip limits for the commercial grouper fishery in 2005. Trip limits, which began at 10,000 lb (4,536 kg) and stepped down to 7,500 lb (3,402 kg) and then to 5,500 lb (2,495 kg) at defined trigger points, were implemented by NMFS through an emergency rule that was effective from March 3 through August 16, 2005 (70 FR 8037, February 17, 2005). NMFS extended the emergency rule and trip limits for an additional 180 days effective August 17, 2005, through February 12, 2006 (70 FR 48323, August 17, 2005). These trip limits were implemented to prolong the shallowwater grouper and deep-water grouper fishing seasons in 2005 and to reduce the adverse effects associated with derby fishing. However, the emergency trip limits were not restrictive enough to achieve the intended objectives. In fact, the deep-water and shallow-water grouper fisheries closed earlier in 2005 (June 23, 2005, and October 10, 2005, respectively) than they had in 2004. The Council prepared a regulatory amendment to evaluate alternatives and establish more permanent trip limits for the commercial grouper fishery. After considering the effectiveness of existing trip limits, management alternatives, and public testimony, the Council adopted a 6,000–lb (2,722–kg) commercial trip limit for shallow-water grouper and deep-water grouper, combined. This proposed rule would implement the 6,000–lb (2,722–kg) trip limit. To maximize the effectiveness of this more restrictive trip limit, the Council and NMFS have agreed the existing trip limits implemented via emergency rule (70 FR 48323, August 17, 2005) would terminate upon implementation of the 6,000–lb (2,722– kg) trip limit proposed in this rule. Classification NMFS has determined that the proposed rule is consistent with the FMP and preliminarily determined that the rule is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. NMFS prepared an IRFA as required by section 603 of the Regulatory Flexibility Act. The IRFA describes the E:\FR\FM\22NOP1.SGM 22NOP1

Agencies

[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Proposed Rules]
[Pages 70574-70575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23077]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

45 CFR Part 162

[CMS-0050-N]
RIN 0938-AK62


HIPAA Administrative Simplification: Standards for Electronic 
Health Care Claims Attachments; Extension of Comment Period

ACTION: Notice of extension of comment period for proposed rule.

-----------------------------------------------------------------------

SUMMARY: This notice extends the comment period for a proposed rule 
published in the Federal Register on September 23, 2005 (70 FR 55990) 
that would recommend the adoption of a set of standards to facilitate 
the electronic exchange of clinical and administrative data to further 
improve the claims adjudication process when additional documentation 
is required. Due to the very technical nature of this rule, the 
industry is asking for additional time to conduct a more comprehensive 
and thorough review in order to provide comments to the Standards 
Development Organizations as well as to CMS. The comment period is 
extended for 60 days.

DATES: The comment period is extended to 5 p.m. on January 23, 2006.

ADDRESSES: In commenting, please refer to file code CMS-0050-P. Because 
of staff and resource limitations, we cannot accept comments by 
facsimile (FAX) transmission.
    You may submit comments in one of four ways (no duplicates, 
please):
    1. Electronically. You may submit electronic comments on specific 
issues in the September 23, 2005 proposed rule to https://
www.cms.hhs.gov/regulations/ecomments. (Attachments should be in 
Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft 
Word.)
    2. By regular mail. You may mail written comments (one original and 
two copies) to the following address ONLY: Centers for Medicare & 
Medicaid Services, Department of Health and Human Services, Attention: 
CMS-0050-P, P.O. Box 8014, Baltimore, MD 21244-8014.
    Please allow sufficient time for mailed comments to be received 
before the close of the comment period.
    3. By express or overnight mail. You may send written comments (one 
original and two copies) to the following address ONLY: Centers for 
Medicare & Medicaid Services, Department of Health and Human Services, 
Attention: CMS-0050-P, Mail Stop C4-26-05, 7500 Security Boulevard, 
Baltimore, MD 21244-1850.
    4. By hand or courier. If you prefer, you may deliver (by hand or 
courier) your written comments (one original and two copies) before the 
close of the comment period to one of the following addresses. If you 
intend to deliver your comments to the Baltimore address, please call 
telephone number (410) 786-7195 in advance to schedule your arrival 
with one of our staff members. Room 445-G, Hubert H. Humphrey Building, 
200 Independence Avenue, SW., Washington, DC 20201; or, 7500 Security 
Boulevard, Baltimore, MD 21244-1850.
    (Because access to the interior of the HHH Building is not readily 
available to persons without Federal Government identification, 
commenters are encouraged to leave their comments in the CMS drop slots 
located in the main lobby of the building. A stamp-in clock is 
available for persons wishing to retain a proof of filing by stamping 
in and retaining an extra copy of the comments being filed.)
    Comments mailed to the addresses indicated as appropriate for hand 
or courier delivery may be delayed and received after the comment 
period.
    For information on viewing public comments, see the beginning of 
the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Lorraine Doo, 410-786-6597.
    Submitting Comments: We welcome comments from the public on all 
issues set forth in the September 23, 2005 proposed rule to assist us 
in fully considering issues, developing policies and adopting 
standards. You can assist us by referencing the file code CMS-0050-P 
and the specific ``issue identifier'' that precedes the section on 
which you choose to comment.
    Inspection of Public Comments: All comments received before the 
close of the comment period are available for viewing by the public, 
including any personally identifiable or confidential business 
information that is included in a comment. CMS posts all comments 
received before the close of the comment period on its public Web site 
as soon as possible after they have been received. Comments received 
timely will be available for public inspection as they are received, 
generally beginning approximately 3 weeks after publication of a 
document, at the headquarters of the Centers for Medicare & Medicaid 
Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday 
through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an 
appointment to view public comments, phone 1-800-743-3951.

SUPPLEMENTARY INFORMATION: On September 23, 2005, we published a 
proposed rule in the Federal Register (70 FR 55990) that would 
recommend the adoption of a set of standards to facilitate the 
electronic exchange of clinical and administrative data to further 
improve the claims adjudication process when additional documentation 
is required. This rule proposes two X12N transaction standards: One to 
request the information, and one to respond to that request with the 
answer or additional information. This rule also proposes the use of 
Health Level 7 (HL7) specifications for the content and format of 
communicating the actual clinical information. Finally, this rule 
proposes the adoption of the Logical Observation Identifiers, Names and 
Codes or LOINC[supreg] for specific identification of the additional 
information being requested, and the coded answers that respond to the 
requests. Due to the highly technical nature of the materials, and the 
size (length) of the technical documents being reviewed, we want to 
provide additional time for the industry to review and comment upon all 
of the technical documents (implementation guides, specifications, code 
sets, modifiers), and the policies proposed in the September 23, 2005 
proposed rule.
    Due to the complexity of this proposed rule, the length of time

[[Page 70575]]

between the development of the proposed standards and the publication 
of this proposed rule, the potential need to upgrade the data content 
of the specifications or the use of Release 2 of the Clinical Document 
Architecture (CDA), numerous members of the industry and professional 
associations have requested more time to analyze the potential impact 
and consequences of the proposed rule. Thus, we have decided to extend 
the comment period for an additional 60 days. This document announces 
the extension of the public comment period to January 23, 2006.

    Authority: Secs. 1173 and 1175 of the Social Security Act (42 
U.S.C. 1302d-2 and 1320d-4).

    Dated: November 9, 2005.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
    Dated: November 17, 2005.
Michael O. Leavitt,
Secretary.
[FR Doc. 05-23077 Filed 11-21-05; 8:45 am]
BILLING CODE 4120-01-P

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