Agency Forms Undergoing Paperwork Reduction Act Review, 43157-43158 [E6-12218]
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Notices
The Complaint
The allegations of the complaint are
summarized below.
PRAE is a nonprofit corporation,
organized, existing, and doing business
under and by virtue of the laws of the
Commonwealth of Puerto Rico
(‘‘Commonwealth’’ or ‘‘Puerto Rico’’),
with its office and principal place of
business in San Juan, Puerto Rico.
PRAE has approximately 30 member
endodontists, who are engaged in the
business of providing professional
services to patients throughout Puerto
Rico. PRAE membership includes all or
almost all of those professionals who are
licensed practicing endodontists in the
Commonwealth. Except to the extent
that competition has been restrained,
member endodontists of PRAE have
been, and are now, in competition with
each other for the provision of
endodontic services.
In January 2003, PRAE formed a PrePayments Committee, which then began
negotiating with payors on behalf of
PRAE members in order to secure higher
reimbursement rates for PRAE members.
By March 2003, the PRAE Pre-Payments
Committee had met with representatives
of two payors and convinced those
payors to increase the rates paid to
PRAE members.
Also in March 2003, PRAE sent a
letter to at least four insurance
companies requesting a meeting ‘‘with
the intention of revising the fees paid to
Endodontists’’ that participate in the
insurer’s dental plan. Thereafter, the
Pre-Payments Committee contacted
these payors to urge them to raise their
rates. In one such discussion, the payor
representative informed the Committee
member that the Committee’s
negotiation on behalf of PRAE members
was illegal under the antitrust laws. In
response, the PRAE representative
informed the payor that other payors
had been disinclined to accede to the
rate increases proposed by the PRAE,
and that those payors now were facing
potential problems with their networks.
PRAE’s efforts to negotiate higher
rates from payors for its members
succeeded. In response to the various
efforts of PRAE’s Pre-Payment
Committee, in 2003 at least five payors
raised the rates that they paid PRAE
members.
In early 2004, PRAE’s Pre-Payment
Committee began a campaign to raise
rates again, this time by seeking to end
the payors’ ban on balance billing.2
PRAE sought this change in contract
terms to permit its members to raise the
prices directly paid by patients and to
avoid the cost-containment function of
a ban on balance billing.
In furtherance of this plan, in early
2004, the PRAE Pre-Payments
Committee contacted several payors to
request that the payors waive their ban
on balance billing. The Committee
followed those discussions with a letter
in June 2004, which the Committee sent
to at least seven payors. The letter urges
each payor to eliminate their ban on
balance billing so that the payor did not
have to absorb the price increase that
the PRAE members desired. The letter
states that waiver of the ban ‘‘could
result in all Endodontists in Puerto Rice
becoming dental participants of your
Dental Plan since there would be no
financial discrepancies. This could be of
great usefulness in your marketing
strategy.’’ To emphasize the collective
nature of the demand being made by the
PRAE, and the potential risk to payors
of failing to acquiesce to that demand,
twenty-three members of PRAE cosigned the letter. The Pre-Payments
Committee followed the letter with
repeated phone calls to the payors
urging an end to ban on balance billing.
Thus far, the payors pressured by PRAE
to end the ban on balance billing have
resisted the coordinated action of PRAE.
PRAE engaged in no efficiencyenhancing integration sufficient to
justify joint negotiation of fees or other
terms. By the acts set forth in the
Complaint, PRAE violated Section 5 of
the FTC Act.
2 Endodontists entering into contracts with payors
often agree to accept, as payment in full for services
rendered, an agreed upon fee from the payor and
co-payment from the subscriber. Where such a term
is included in the payor-endodontist contract, the
endodontist agrees not to ‘‘balance bill’’ the patient
for any balance or difference between the agreed
upon payments and the endodontist’s desired rate.
Agreements not to balance bill reduce the cost of
endodontic care to patients.
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17:34 Jul 28, 2006
Jkt 208001
The Proposed Consent Order
The proposed order is designed to
remedy the illegal conduct charged in
the complaint and prevent its
recurrence. The proposed order is
similar to recent consent orders that the
Commission has issued to settle charges
that physician groups engaged in
unlawful agreements to raise fees they
receive from health plans.
The proposed order’s specific
provisions are as follows:
Paragraph II.A prohibits PRAE from
entering into or facilitating agreements
among endodontists: (1) To negotiate on
behalf of any endodontist with any
payor; (2) to deal, refuse to deal, or
threaten to refuse to deal with any
payor; (3) regarding any term upon
which any endodontist deals, or is
willing to deal, with any payor; and (4)
not to deal individually with any payor
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43157
or through any arrangement other than
PRAE.
Other parts of Paragraph II reinforce
these general prohibitions. Paragraph
II.B prohibits PRAE from exchanging or
facilitating the transfer of information
among endodontists concerning any
endodontist’s willingness to deal with a
payor, or the terms or conditions,
including price terms, on which the
endodontist is willing to deal. Paragraph
II.C prohibits PRAE from attempting to
engage in any action prohibited by
Paragraphs II.A or II.B. Paragraph II.D
prohibits PRAE from encouraging,
pressuring or attempting to induce any
person to engage in any action that
would be prohibited by Paragraphs II.A
through II.C.
Paragraphs III.A and B require PRAE
to distribute the complaint and order to
its members, payors with which it has
been in contact since the beginning of
2001, and specified others.
Paragraphs IV, V, and VI of the
proposed order impose various
obligations on PRAE to report or
provide access to information to the
Commission to facilitate monitoring
PRAE’s compliance with the order.
The proposed order will expire in 20
years.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6–12253 Filed 7–28–06; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[30Day–06–0513]
Agency Forms Undergoing Paperwork
Reduction Act Review
The Centers for Disease Control and
Prevention (CDC) publishes a list of
information collection requests under
review by the Office of Management and
Budget (OMB) in compliance with the
Paperwork Reduction Act (44 U.S.C.
Chapter 35). To request a copy of these
requests, call the CDC Reports Clearance
Officer at (404) 639–5960 or send an email to omb@cdc.gov. Send written
comments to CDC Desk Officer, Office of
Management and Budget, Washington,
DC or by fax to (202) 395–6974. Written
comments should be received within 30
days of this notice.
Proposed Project
The second Injury Control and Risk
Survey (ICARIS–2)—Phase 2—
E:\FR\FM\31JYN1.SGM
31JYN1
43158
Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Notices
Reinstatement with change—The
National Center for Injury Prevention
and Control (NCIPC), Centers for
Disease Control and Prevention (CDC).
Background and Brief Description
Injuries are a major cause of
premature death and disability with
associated economic costs of over 150
billion dollars in lifetime costs for
persons injured each year. This project
will use data from a telephone survey to
measure injury-related risk factors and
guide injury prevention and control
priorities including those identified as
priorities in Healthy People 2010
objectives for the nation. This project
will build on previous efforts.
The first Injury Control and Risk
Survey (ICARIS), conducted in 1994,
was a random digit dial telephone
survey that collected injury risk factor
and demographic data on 5,238 Englishand Spanish-speaking adults (greater
than or equal to 18 years old) in the
were previously unable to explore fully.
Data will be collected on new aspects of
topics covered in Phase-1 (such as
firearm ownership and access, and
suicide), and new questions will be
introduced in areas that were not
previously addressed, such as older
adult mobility, the supervision of
children, injury and disability, and the
incidence of traumatic brain injury. The
Phase-2 data will be analyzed in
conjunction with ICARIS–2 Phase-1
data and the data from the original
baseline ICARIS survey to measure
changes in risk factors and to gauge the
impact of injury prevention policies.
The ICARIS–2 Phase-2 survey may also
serve as the only readily available
source of data to measure several of the
Healthy People 2010 injury prevention
objectives. There are no costs to
respondents other than their time. The
total estimated annualized burden is
620 hours.
United States. Proxy data were collected
on 3,541 children <15 years old. More
than a dozen peer-reviewed scientific
reports have been published from the
ICARIS data on subjects including dog
bites, bicycle helmet use, residential
smoke detector usage and fire escape
practices, attitudes toward violence,
suicidal ideation and behavior, and
compliance with pediatric injury
prevention counseling.
The ICARIS survey was followed by
the ICARIS–2 Phase-1 survey, which
was initiated as a means for monitoring
the injury risk factor status of the nation
at the start of the millennium. ICARIS–
2 Phase-1 was also conducted as a
national telephone survey. Data
collection on almost 10,000 respondents
was completed in early 2003, and
analyses are still ongoing.
The planned ICARIS–2 Phase-2
survey will be implemented to expand
knowledge in areas that investigators
ESTIMATE OF ANNUALIZED BURDEN HOURS
Type of respondent
Number of
respondents
Form name
Ineligible ..........................................................
Unknown or unverified eligibility .....................
Eligible but unable to reach ............................
Eligible non-respondent ..................................
Partial interview ...............................................
Completed interview .......................................
Dated: July 13, 2006.
Joan F. Karr,
Acting Reports Clearance Officer, Centers for
Disease Control and Prevention.
[FR Doc. E6–12218 Filed 7–28–06; 8:45 am]
Screening
Screening
Screening
Screening
Screening
Screening
.......................................................
.......................................................
.......................................................
.......................................................
and CATI .......................................
and CATI .......................................
[CMS–1530–N]
fiscal year (FY) 2007. Annual updates to
the PPS rates are required by section
1888(e) of the Social Security Act (the
Act), as amended by the Medicare,
Medicaid, and SCHIP Balanced Budget
Refinement Act of 1999 (the BBRA), the
Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection
Act of 2000 (the BIPA), and the
Medicare Prescription Drug,
Improvement, and Modernization Act of
2003 (the MMA), relating to Medicare
payments and consolidated billing for
SNFs.
RIN 0938–AM46
DATES:
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Medicare Program; Prospective
Payment System and Consolidated
Billing for Skilled Nursing Facilities—
Update—Notice
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice updates the
payment rates used under the
prospective payment system (PPS) for
skilled nursing facilities (SNFs), for
VerDate Aug<31>2005
17:34 Jul 28, 2006
Jkt 208001
Effective Date: This notice is
effective on October 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Ellen Gay, (410) 786–4528 (for
information related to the case-mix
classification methodology).
Jeanette Kranacs, (410) 786–9385 (for
information related to the development
of the payment rates).
Bill Ullman, (410) 786–5667 (for
information related to level of care
determinations, consolidated billing,
and general information).
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500
900
200
450
75
2,000
Number of
responses per
respondent
Average
burden per
response (in
hours)
1
1
4
1
1
1
1/60
0.5/60
6/60
1.5/60
10/60
15/60
To assist
readers in referencing sections
contained in this document, we are
providing the following Table of
Contents.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Current System for Payment of SNF
Services Under Part A of the Medicare
Program
B. Requirements of the Balanced Budget
Act of 1997 (BBA) for Updating the
Prospective Payment System for Skilled
Nursing Facilities
C. The Medicare, Medicaid, and SCHIP
Balanced Budget Refinement Act of 1999
(BBRA)
D. The Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection
Act of 2000 (BIPA)
E. The Medicare Prescription Drug,
Improvement, and Modernization Act of
2003 (MMA)
F. Skilled Nursing Facility Prospective
Payment—General Overview
1. Payment Provisions—Federal Rate
2. Rate Updates Using the Skilled Nursing
Facility Market Basket Index
II. Annual Update of Payment Rates Under
the Prospective Payment System for
Skilled Nursing Facilities
E:\FR\FM\31JYN1.SGM
31JYN1
Agencies
[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Pages 43157-43158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12218]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
[30Day-06-0513]
Agency Forms Undergoing Paperwork Reduction Act Review
The Centers for Disease Control and Prevention (CDC) publishes a
list of information collection requests under review by the Office of
Management and Budget (OMB) in compliance with the Paperwork Reduction
Act (44 U.S.C. Chapter 35). To request a copy of these requests, call
the CDC Reports Clearance Officer at (404) 639-5960 or send an e-mail
to omb@cdc.gov. Send written comments to CDC Desk Officer, Office of
Management and Budget, Washington, DC or by fax to (202) 395-6974.
Written comments should be received within 30 days of this notice.
Proposed Project
The second Injury Control and Risk Survey (ICARIS-2)--Phase 2--
[[Page 43158]]
Reinstatement with change--The National Center for Injury Prevention
and Control (NCIPC), Centers for Disease Control and Prevention (CDC).
Background and Brief Description
Injuries are a major cause of premature death and disability with
associated economic costs of over 150 billion dollars in lifetime costs
for persons injured each year. This project will use data from a
telephone survey to measure injury-related risk factors and guide
injury prevention and control priorities including those identified as
priorities in Healthy People 2010 objectives for the nation. This
project will build on previous efforts.
The first Injury Control and Risk Survey (ICARIS), conducted in
1994, was a random digit dial telephone survey that collected injury
risk factor and demographic data on 5,238 English- and Spanish-speaking
adults (greater than or equal to 18 years old) in the United States.
Proxy data were collected on 3,541 children <15 years old. More than a
dozen peer-reviewed scientific reports have been published from the
ICARIS data on subjects including dog bites, bicycle helmet use,
residential smoke detector usage and fire escape practices, attitudes
toward violence, suicidal ideation and behavior, and compliance with
pediatric injury prevention counseling.
The ICARIS survey was followed by the ICARIS-2 Phase-1 survey,
which was initiated as a means for monitoring the injury risk factor
status of the nation at the start of the millennium. ICARIS-2 Phase-1
was also conducted as a national telephone survey. Data collection on
almost 10,000 respondents was completed in early 2003, and analyses are
still ongoing.
The planned ICARIS-2 Phase-2 survey will be implemented to expand
knowledge in areas that investigators were previously unable to explore
fully. Data will be collected on new aspects of topics covered in
Phase-1 (such as firearm ownership and access, and suicide), and new
questions will be introduced in areas that were not previously
addressed, such as older adult mobility, the supervision of children,
injury and disability, and the incidence of traumatic brain injury. The
Phase-2 data will be analyzed in conjunction with ICARIS-2 Phase-1 data
and the data from the original baseline ICARIS survey to measure
changes in risk factors and to gauge the impact of injury prevention
policies. The ICARIS-2 Phase-2 survey may also serve as the only
readily available source of data to measure several of the Healthy
People 2010 injury prevention objectives. There are no costs to
respondents other than their time. The total estimated annualized
burden is 620 hours.
Estimate of Annualized Burden Hours
----------------------------------------------------------------------------------------------------------------
Average
Number of Number of burden per
Type of respondent Form name respondents responses per response (in
respondent hours)
----------------------------------------------------------------------------------------------------------------
Ineligible............................ Screening............... 500 1 1/60
Unknown or unverified eligibility..... Screening............... 900 1 0.5/60
Eligible but unable to reach.......... Screening............... 200 4 6/60
Eligible non-respondent............... Screening............... 450 1 1.5/60
Partial interview..................... Screening and CATI...... 75 1 10/60
Completed interview................... Screening and CATI...... 2,000 1 15/60
----------------------------------------------------------------------------------------------------------------
Dated: July 13, 2006.
Joan F. Karr,
Acting Reports Clearance Officer, Centers for Disease Control and
Prevention.
[FR Doc. E6-12218 Filed 7-28-06; 8:45 am]
BILLING CODE 4163-18-P