National Committee on Vital and Health Statistics: Meeting, 60152-60153 [06-8621]

Download as PDF 60152 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Notices rwilkins on PROD1PC63 with NOTICES principle and sound enforcement policy, the views of DoD as a major customer are entitled to no less respect in this case. From a purely practical perspective, I must consider the potential role of DoD testimony if the Commission were to seek a preliminary injunction over DoD’s objections. As a Commissioner, I am responsible for evaluating litigation risk before sending Commission staff into court. Customer testimony, standing alone, certainly would not (and should not) be dispositive, in this or any other merger case. I expect, however, that DoD’s conclusions would influence a judge’s decision whether to grant a preliminary injunction—especially in light of the national security overlay and DoD’s expertise. The proposed consent order addresses three competitive concerns that, in DoD’s view, are not ‘‘intrinsically linked’’ to ULA’s putative national security advantages. The AAPC acknowledges that the proposed consent agreement ‘‘does not attempt to remedy the loss of direct competition’’ and is, instead, intended to ‘‘address ancillary competitive harms that DoD has identified as not inextricably tied to the national security benefits associated with the creation of ULA.’’ While I have voted in favor of accepting the proposed consent agreement, I note a few troublesome aspects. The proposed consent agreement departs radically from traditional Commission consent orders in merger cases. Structural remedies are, by far, the preferred way to resolve competitive problems in the horizontal merger context. Conduct restrictions, standing alone, generally are viewed as insufficient to address the underlying market mechanisms from which competitive harm may arise. Here, in lieu of market-based competition, the monopolist ULA will be subjected to an elaborate and highly regulatory system of oversight by a ‘‘compliance officer’’ appointed by the Secretary of Defense. Ordinarily, such a system would not be considered an effective remedy for the anticompetitive effects alleged in the Commission’s complaint. Dallas Bar Association’s Antitrust and Trade Regulation Section (Jan. 18, 2005), available at https://www.ftc.gov/speeches/majoras/ 050126recentactions.pdf.; Chicago Bridge & Iron Co. N.V., et al., FTC Dkt. No. 9300, Opinion of the Commission (2004), available at https://www.ftc.gov/ os/adjpro/d9300/ 050106opionpublicrecordversion9300.pdf.; Arch Coal, FTC Dkt. No. 9316, Statement of the Commission (June 13, 2005), available at https:// www.ftc.gov/os/adjpro/d9316/ 050613commstatement.pdf; id., Dissenting Statement of Commissioner Pamela Jones Harbour, available at https://www.ftc.gov/os/adjpro/d9316/ 050613harbourstatement.pdf). VerDate Aug<31>2005 16:21 Oct 11, 2006 Jkt 211001 I continue to believe that preserving a competitive market structure is the preferred ‘‘fix’’ for an anticompetitive horizontal merger. Also, I am somewhat unsettled by the notion that the Commission—an independent, bipartisan federal agency—is, in effect, delegating away too much of its oversight authority to an executive branch agency. I recognize, however, that staff from the Commission and DoD have attempted to craft a workable remedy that will strike an appropriate balance between competition and broader national security interests. In the end, I am faced with a Hobson’s choice: accept a complex and regulatory consent that will prevent some competitive harm; or do nothing, and allow the joint venture to proceed unrestricted. I lack the technical expertise to second-guess DoD’s conclusion that allowing the formation of ULA is the best way to preserve national security and protect the public interest. In light of our agencies’ established protocol for concurrent review of defense industry transactions, I reluctantly agree that the Commission must give DoD the benefit of the doubt. I therefore vote to accept the proposed consent agreement. [FR Doc. E6–16862 Filed 10–11–06; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology, American Health Information Community Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the ninth meeting of the American Health Information Community in accordance with the Federal Advisory Committee Act (Pub. L. No. 92–463, 5 U.S.C., App.) The American Health Information Community will advise the Secretary and recommend specific actions to achieve a common interoperability framework for health information technology (IT). DATES: October 31, 2006, from 8:30 a.m. to 1 p.m. ADDRESSES: Hubert H. Humphrey building (200 Independence Avenue, SW., Washington, DC 20201), Conference Room 800. FOR FURTHER INFORMATION CONTACT: Visit https://www.hhs.gov/healthit/ahic.html. SUPPLEMENTARY INFORMATION: The Community will discuss personalized healthcare, review standards PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 recommendations from the Health Information Technology Standards Panel, and set priorities for 2007. A Web cast of the Community meeting will be available on the NIH Web site at: https:// www.videocast.nih.gov/. If you have special needs for the meeting, please contact (202) 690–7151. Dated: October 4, 2006. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator. [FR Doc. 06–8620 Filed 10–11–06; 8:45 am] BILLING CODE 4150–24–M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Committee on Vital and Health Statistics: Meeting Pursuant to the Federal Advisory Committee Act, the Department of Health and Human Services (HHS) announces the following advisory committee meeting. Name: National Committee on Vital and Health Statistics (NCVHS), Subcommittee on Standards and Security (SSS). Time and Date: October 11, 2006 9 a.m.–5 p.m. October 12, 2006 9 a.m.–5 p.m. Place: Herbert H. Humphrey Building, 200 Independence Avenue SW., Room 705A, Washington, DC 20201. Status: Open. Purpose: The purpose of the meeting will be to hear testimony on a number of issues of interest to the Subcommittee including but not limited to, concerns and issues regarding implementation of the National Provider Identifier (NPI); recommendations from the Disability Workgroup; an update on the progress of the Medicare Modernization Act electronic prescribing pilots; and standards development organizations (SDOs) recommendations on streamlining the standards adoption process. For Further Information Contact: Substantive program information as well as summaries of meetings and a roster of Committee members may be obtained from Maria Friedman, Health Insurance Specialist, Security and Standards Group, Centers for Medicare and Medicaid Services, MS: C5–24–04, 7500 Security Boulevard, Baltimore, MD 21244–1850, telephone: 410–786–6333 or Marjorie S. Greenberg, Executive Secretary, NCVHS, National Center for Health Statistics, Centers for Disease Control and Prevention, Room 1100, E:\FR\FM\12OCN1.SGM 12OCN1 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Notices Presidential Building, 3311 Toledo Road, Hyattsville, Maryland 20782, telephone: (301) 458–4245. Information also is available on the NCVHS home page of the HHS Web site: https:// www.ncvhs.hhs.gov/ where an agenda for the meeting will be posted when available. Should you require reasonable accommodation, please contact the CDC Office of Equal Employment Opportunity on (301) 458–4EEO (4336) as soon as possible. Dated: October 2, 2006. James Scanlon, Deputy Assistant Secretary for Science and Data Policy, Office of the Assistant Secretary for Planning and Evaluation. [FR Doc. 06–8621 Filed 10–6–06; 4:12am] BILLING CODE 4151–05–M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Report of a Modified or Altered System of Records Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of a Modified or Altered System of Records (SOR). rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: In accordance with the Privacy Act of 1974, we are proposing to modify or alter an existing SOR, ‘‘Medicare Managed Care Beneficiary Reconsideration (RECON) System,’’ System No. 09–70–4003, last published at 67 Federal Register 48179 (July 23, 2002). We propose to assign a new CMS identification number to this system to simplify the obsolete and confusing numbering system originally designed to identify the Bureau, Office, or Center within CMS that maintained the system of records. The new assigned identifying number for this system should read: System No. 09–70–0533. We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We will delete routine use number 5 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for VerDate Aug<31>2005 16:21 Oct 11, 2006 Jkt 211001 the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the ‘‘prior written consent’’ of the data subject. We will broaden the scope of routine uses number 7 and 8, authorizing disclosures to combat fraud and abuse in the Medicare and Medicaid programs to include combating ‘‘waste’’ which refers to specific beneficiary/recipient practices that result in unnecessary cost to all Federally-funded health benefit programs We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS’ intention to disclose individualspecific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Public Law 108–173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of this modified system is to collect and maintain information necessary to process requests for reconsideration of service requests or claims by or on behalf of Medicare managed care enrollees, promote the effectiveness and integrity of the Medicare managed care program, and reply to future correspondence related to the case. The information retrieved from this system of records will also be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor or consultant; (2) assist another Federal or state agency; (3) assist third party contacts; (4) assist Quality Improvement Organizations; (5) support litigation involving the agency; and (6) combat fraud, waste, and abuse in Federally-funded health benefit programs. We have provided background information about the modified system in the SUPPLEMENTARY INFORMATION section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the modified or altered routine uses, CMS invites comments on all portions of this notice. See ‘‘Effective Dates’’ section for comment period. DATES: Effective Date: CMS filed a modified or altered SOR report with the Chair of the House Committee on Government Reform and Oversight, the PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 60153 Chair of the Senate Committee on Homeland Security & Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB) on October 5, 2006. To ensure that all parties have adequate time in which to comment, the new system will become effective 30 days from the publication of the notice, or 40 days from the date it was submitted to OMB and the Congress, whichever is later. We may defer implementation of this system or one or more of the routine use statements listed below if we receive comments that persuade us to defer implementation. The public should address comments to the CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, Mail Stop N2–04–27, 7500 Security Boulevard, Baltimore, Maryland 21244– 1850. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.–3 p.m., eastern daylight time. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Beverly Sgroi, Health Insurance Specialist, Division of Appeals Policy, Medicare Enrollment & Appeals Group, Center for Beneficiary Choices, CMS, Mail Stop C2–12–16, 7500 Security Boulevard, Baltimore, Maryland 21244– 1850. She can also be reached by telephone at 410–786–7638, or via email at Beverly.Sgroi@cms.hhs.gov. In 1988, CMS established a SOR under the authority of § 1874 of the Social Security Act (the Act) (Title 42 United States Code (U.S.C.) section 1395mm). Notice of this system, RECON, was published in the Federal Register (FR) 53 FR 35914 (September 15, 1988), a routine use was added for the Social Security Administration at 61 FR 6645 (February 21, 1996), three new fraud and abuse routine uses were added at 63 FR 38414 (July 16, 1998), two fraud and abuse routine uses were revised and a third deleted at 65 FR 50552 (August 18, 2000), and the name and security classification were changed as well as deleting a routine use for the state insurance administrator at 67 FR 48179 (July 23, 2002). SUPPLEMENTARY INFORMATION: I. Description of the Modified or Altered System of Records A. Statutory and Regulatory Basis for SOR Authority for maintenance of the system is given under §§ 1852, and 1876 E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60152-60153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8621]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


National Committee on Vital and Health Statistics: Meeting

    Pursuant to the Federal Advisory Committee Act, the Department of 
Health and Human Services (HHS) announces the following advisory 
committee meeting.
    Name: National Committee on Vital and Health Statistics (NCVHS), 
Subcommittee on Standards and Security (SSS).
    Time and Date:

October 11, 2006 9 a.m.-5 p.m.
October 12, 2006 9 a.m.-5 p.m.
    Place: Herbert H. Humphrey Building, 200 Independence Avenue SW., 
Room 705A, Washington, DC 20201.
    Status: Open.
    Purpose: The purpose of the meeting will be to hear testimony on a 
number of issues of interest to the Subcommittee including but not 
limited to, concerns and issues regarding implementation of the 
National Provider Identifier (NPI); recommendations from the Disability 
Workgroup; an update on the progress of the Medicare Modernization Act 
electronic prescribing pilots; and standards development organizations 
(SDOs) recommendations on streamlining the standards adoption process.
    For Further Information Contact: Substantive program information as 
well as summaries of meetings and a roster of Committee members may be 
obtained from Maria Friedman, Health Insurance Specialist, Security and 
Standards Group, Centers for Medicare and Medicaid Services, MS: C5-24-
04, 7500 Security Boulevard, Baltimore, MD 21244-1850, telephone: 410-
786-6333 or Marjorie S. Greenberg, Executive Secretary, NCVHS, National 
Center for Health Statistics, Centers for Disease Control and 
Prevention, Room 1100,

[[Page 60153]]

Presidential Building, 3311 Toledo Road, Hyattsville, Maryland 20782, 
telephone: (301) 458-4245. Information also is available on the NCVHS 
home page of the HHS Web site: https://www.ncvhs.hhs.gov/ where an 
agenda for the meeting will be posted when available.
    Should you require reasonable accommodation, please contact the CDC 
Office of Equal Employment Opportunity on (301) 458-4EEO (4336) as soon 
as possible.

    Dated: October 2, 2006.
James Scanlon,
Deputy Assistant Secretary for Science and Data Policy, Office of the 
Assistant Secretary for Planning and Evaluation.
[FR Doc. 06-8621 Filed 10-6-06; 4:12am]
BILLING CODE 4151-05-M

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.