Medicare and Medicaid Programs; Announcement of an Application From a Hospital Requesting Waiver for Organ Procurement Service Area, 13797-13798 [E7-5328]
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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices
Individuals not wishing to make a
presentation may submit written
comments to Ms. Johnson at the address
listed in the ADDRESSES section of this
notice by the date listed in the DATES
section of this notice.
Individuals requiring sign language
interpretation or other special
accommodations should contact Ms.
Johnson at the address listed in the
ADDRESSES section of this notice by the
date listed in the DATES section of this
notice.
Authority: Sec. 222 of the Public Health
Service Act (42 U.S.C. 217a) and sec. 10(a)
of Pub. L. 92–463 (5 U.S.C. App. 2, sec. 10(a)
and 41 CFR 102–3).
(Catalog of Federal Domestic Assistance
Program No. 93.733, Medicare—Hospital
Insurance Program; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: March 15, 2007.
Leslie V. Norwalk,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E7–5299 Filed 3–22–07; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–1398–NC]
Medicare and Medicaid Programs;
Announcement of an Application From
a Hospital Requesting Waiver for
Organ Procurement Service Area
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice with comment period.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice announces a
hospital’s request for a waiver from
entering into an agreement with its
designated organ procurement
organization (OPO), in accordance with
section 1138(a)(2) of the Social Security
Act (the Act). This notice requests
comments from OPOs and the general
public for our consideration in
determining whether we should grant
the requested waiver.
DATES: Comment Date: To be assured
consideration, comments must be
received at one of the addresses
provided below, no later than 5 p.m. on
May 22, 2007.
ADDRESSES: In commenting, please refer
to file code CMS–1398–NC. 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):
VerDate Aug<31>2005
16:41 Mar 22, 2007
Jkt 211001
1. Electronically. You may submit
electronic comments on specific issues
in this regulation to https://
www.cms.hhs.gov/eRulemaking. Click
on the link ‘‘Submit electronic
comments on CMS regulations with an
open comment period.’’ (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–1398–
NC, P.O. Box 8017, Baltimore, MD
21244–8017.
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–1398–NC, 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–
9994 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 FURTHER INFORMATION CONTACT:
Mark A. Horney, (410) 786–4554.
SUPPLEMENTARY INFORMATION:
Submitting Comments: We welcome
comments from the public on all issues
set forth in this proposed notice to assist
us in fully considering the issues. You
can assist us by referencing the file code
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
13797
CMS–1398–NC 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. We post all electronic
comments received before the close of
the comment period on the public Web
site as soon as possible after they have
been received: https://www.cms.hhs.gov/
eRulemaking. Click on the link
‘‘Electronic Comments on CMS
Regulations’’ on that Web site to view
public comments.
Comments received timely will also
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.
I. Background
[If you choose to comment on issues
in this section, please include the
caption BACKGROUND at the beginning
of your comments.]
Organ Procurement Organizations
(OPOs) are not-for-profit organizations
that are responsible for the
procurement, preservation, and
transport of transplantable organs to
transplant centers throughout the
country. Qualified OPOs are designated
by the Centers for Medicare & Medicaid
Services (CMS) to recover or procure
organs in CMS-defined exclusive
geographic service areas, according to
section 371(b)(1)(F) of the Public Health
Service Act (42 U.S.C. 273(b)(1)(F)) and
our regulations at 42 CFR 486.306. Once
an OPO has been designated for an area,
hospitals in that area that participate in
Medicare and Medicaid are required to
work with that OPO in providing organs
for transplant, according to section
1138(a)(1)(C) of the Social Security Act
(the Act), and our regulations at 42 CFR
482.45.
Section 1138(a)(1)(A)(iii) of the Act
provides that a hospital must notify the
designated OPO (for the service area in
which it is located) of potential organ
donors. Under section 1138(a)(1)(C) of
the Act, every participating hospital
must have an agreement to identify
potential donors only with its
designated OPO.
However, section 1138(a)(2)(A) of the
Act provides that a hospital may obtain
E:\FR\FM\23MRN1.SGM
23MRN1
13798
Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
from the Secretary, a waiver of the
above requirements under certain
specified conditions. A waiver allows
the hospital to have an agreement with
an OPO other than the one initially
designated by CMS, if the hospital
meets certain conditions specified in
section 1138(a)(2)(A) of the Act. In
addition, the Secretary may review
additional criteria described in section
1138(a)(2)(B) of the Act to evaluate the
hospital’s request for a waiver.
Section 1138(a)(2)(A) of the Act states
that in granting a waiver, the Secretary
must determine that the waiver—(1) is
expected to increase organ donations;
and (2) will ensure equitable treatment
of patients referred for transplants
within the service area served by the
designated OPO and within the service
area served by the OPO with which the
hospital seeks to enter into an
agreement under the waiver. In making
a waiver determination, section
1138(a)(2)(B) of the Act provides that
the Secretary may consider, among
other factors: (1) Cost-effectiveness; (2)
improvements in quality; (3) whether
there has been any change in a
hospital’s designated OPO due to the
changes made in definitions for
metropolitan statistical areas; and (4)
the length and continuity of a hospital’s
relationship with an OPO other than the
hospital’s designated OPO. Under
section 1138(a)(2)(D) of the Act, the
Secretary is required to publish a notice
of any waiver application received from
a hospital within 30 days of receiving
the application, and to offer interested
parties an opportunity to comment in
writing during the 60-day period
beginning on the publication date in the
Federal Register.
The criteria that the Secretary uses to
evaluate the waiver in these cases are
the same as those described above under
sections 1138(a)(2)(A) and (B) of the Act
and have been incorporated into the
regulations at 42 CFR 486.308(e) and (f).
II. Waiver Request Procedures
[If you choose to comment on issues
in this section, please include the
caption ‘‘Waiver Request Procedures’’ at
the beginning of your comments.]
In October 1995, we issued a Program
Memorandum (Transmittal No. A–95–
11) detailing the waiver process and
discussing the information that
hospitals must provide in requesting a
waiver. We indicated that upon receipt
of a waiver request, we would publish
a Federal Register notice to solicit
public comments, as required by section
1138(a)(2)(D) of the Act.
According to these requirements, we
will review the request and comments
received. During the review process, we
VerDate Aug<31>2005
16:41 Mar 22, 2007
Jkt 211001
may consult on an as-needed basis with
the Public Health Service’s Division of
Transplantation, the United Network for
Organ Sharing, and our regional offices.
If necessary, we may request additional
clarifying information from the applying
hospital or others. We will then make a
final determination on the waiver
request and notify the hospital and the
designated and requested OPOs.
III. Hospital Waiver Request
[If you choose to comment on issues
in this section, please include the
caption ‘‘Hospital Waiver Request’’ at
the beginning of your comments.]
As permitted by 42 CFR 486.308(e),
Select Specialty Hospital-Quad Cities, of
Davenport, Iowa has requested a waiver
in order to enter into an agreement with
a designated OPO other than the OPO
designated for the service area in which
the hospital is located. Select Specialty
Hospital-Quad Cities is requesting a
waiver to work with:
Iowa Donor Network, 550 Madison
Avenue, North Liberty, Iowa 52317.
Select Specialty Hospital’s Designated
OPO is:
Gift of Hope Organ and Tissue Donor
Network, 660 North Industrial Drive,
Elmhurst, IL 60126–1520.
Authority: Section 1138 of the Social
Security Act (42 U.S.C. 1320b–8).
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; Program No. 93.774, Medicare—
Supplementary Medical Insurance, and
Program No. 93.778, Medical Assistance
Program.)
Dated: March 16, 2007.
Leslie V. Norwalk,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E7–5328 Filed 3–22–07; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–1488–CN3]
RIN 0938–A012
Medicare Program; Changes to the
Hospital Inpatient Prospective
Payment Systems and Fiscal Year 2007
Rates; Final Fiscal Year 2007 Wage
Indices and Payment Rates After
Application of Revised Occupational
Mix Adjustment to the Wage Index;
Corrections
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of notice.
AGENCY:
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
SUMMARY: This document corrects wage
index values and a relative weighting
factor error that appeared in the
correction notice published in the
Federal Register on January 5, 2007
entitled ‘‘Medicare Program; Changes to
the Hospital Inpatient Prospective
Payment Systems and Fiscal Year 2007
Rates; Final Fiscal Year 2007 Wage
Indices and Payment Rates After
Application of Revised Occupational
Mix Adjustment to Wage Index;
Corrections’’.
DATES: Effective Dates. The corrections
to the wage index values listed in items
1a, 1b, and 2 of section III. of this notice
are effective as of November 3, 2006.
The corrections to the wage index
values listed in item 1c of section III. of
this notice are effective November 21,
2006. The correction to the relative
weighting factor listed in item 3 of
section III. of this notice is effective
October 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Brian Slater, (410) 786–5229.
SUPPLEMENTARY INFORMATION:
I. Background
In the October 11, 2006 Federal
Register (71 FR 59886), we published a
notice entitled ‘‘Hospital Inpatient
Prospective Payment Systems and Fiscal
Year 2007 Rates; Final Fiscal Year 2007
Wage Indices and Payment Rates After
Application of Revised Occupational
Mix Adjustment to Wage Index’’
(hereinafter referred to as the ‘‘FY 2007
IPPS notice’’). After publication of the
October 11, 2006 notice, we became
aware of errors in the wage indices.
Section 412.64(k)(1) of the regulations
requires that wage index corrections
made after October 1 are effective
prospectively for the remainder of the
fiscal year from the date the fiscal
intermediaries are informed of the
correction. We recalculated the wage
indices for the affected hospitals, and on
November 3, 2006, sent a Joint Signature
Memorandum to the fiscal
intermediaries informing them to pay
hospitals using the corrected wage
indices. Subsequent to the November 3,
2006 Joint Signature Memorandum,
additional errors in the wage indices
were brought to our attention and were
corrected through a November 21, 2006
Joint Signature Memorandum. In the
January 5, 2007 Federal Register (FR
Doc. 06–9976, 72 FR 569), we then
published a correction notice entitled
‘‘Changes to the Hospital Inpatient
Prospective Payment Systems and Fiscal
Year 2007 Rates; Final Fiscal Year 2007
Wage Indices and Payment Rates After
Application of Revised Occupational
Mix Adjustment to Wage Index;
E:\FR\FM\23MRN1.SGM
23MRN1
]]>Agencies
[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Notices]
[Pages 13797-13798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5328]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-1398-NC]
Medicare and Medicaid Programs; Announcement of an Application
From a Hospital Requesting Waiver for Organ Procurement Service Area
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice with comment period.
-----------------------------------------------------------------------
SUMMARY: This notice announces a hospital's request for a waiver from
entering into an agreement with its designated organ procurement
organization (OPO), in accordance with section 1138(a)(2) of the Social
Security Act (the Act). This notice requests comments from OPOs and the
general public for our consideration in determining whether we should
grant the requested waiver.
DATES: Comment Date: To be assured consideration, comments must be
received at one of the addresses provided below, no later than 5 p.m.
on May 22, 2007.
ADDRESSES: In commenting, please refer to file code CMS-1398-NC.
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 this regulation to https://www.cms.hhs.gov/eRulemaking. Click
on the link ``Submit electronic comments on CMS regulations with an
open comment period.'' (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-1398-NC, P.O. Box 8017, Baltimore, MD 21244-8017.
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-1398-NC, 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) 786-9994 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 FURTHER INFORMATION CONTACT: Mark A. Horney, (410) 786-4554.
SUPPLEMENTARY INFORMATION:
Submitting Comments: We welcome comments from the public on all
issues set forth in this proposed notice to assist us in fully
considering the issues. You can assist us by referencing the file code
CMS-1398-NC 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. We post all electronic
comments received before the close of the comment period on the public
Web site as soon as possible after they have been received: https://
www.cms.hhs.gov/eRulemaking. Click on the link ``Electronic Comments on
CMS Regulations'' on that Web site to view public comments.
Comments received timely will also 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.
I. Background
[If you choose to comment on issues in this section, please include
the caption BACKGROUND at the beginning of your comments.]
Organ Procurement Organizations (OPOs) are not-for-profit
organizations that are responsible for the procurement, preservation,
and transport of transplantable organs to transplant centers throughout
the country. Qualified OPOs are designated by the Centers for Medicare
& Medicaid Services (CMS) to recover or procure organs in CMS-defined
exclusive geographic service areas, according to section 371(b)(1)(F)
of the Public Health Service Act (42 U.S.C. 273(b)(1)(F)) and our
regulations at 42 CFR 486.306. Once an OPO has been designated for an
area, hospitals in that area that participate in Medicare and Medicaid
are required to work with that OPO in providing organs for transplant,
according to section 1138(a)(1)(C) of the Social Security Act (the
Act), and our regulations at 42 CFR 482.45.
Section 1138(a)(1)(A)(iii) of the Act provides that a hospital must
notify the designated OPO (for the service area in which it is located)
of potential organ donors. Under section 1138(a)(1)(C) of the Act,
every participating hospital must have an agreement to identify
potential donors only with its designated OPO.
However, section 1138(a)(2)(A) of the Act provides that a hospital
may obtain
[[Page 13798]]
from the Secretary, a waiver of the above requirements under certain
specified conditions. A waiver allows the hospital to have an agreement
with an OPO other than the one initially designated by CMS, if the
hospital meets certain conditions specified in section 1138(a)(2)(A) of
the Act. In addition, the Secretary may review additional criteria
described in section 1138(a)(2)(B) of the Act to evaluate the
hospital's request for a waiver.
Section 1138(a)(2)(A) of the Act states that in granting a waiver,
the Secretary must determine that the waiver--(1) is expected to
increase organ donations; and (2) will ensure equitable treatment of
patients referred for transplants within the service area served by the
designated OPO and within the service area served by the OPO with which
the hospital seeks to enter into an agreement under the waiver. In
making a waiver determination, section 1138(a)(2)(B) of the Act
provides that the Secretary may consider, among other factors: (1)
Cost-effectiveness; (2) improvements in quality; (3) whether there has
been any change in a hospital's designated OPO due to the changes made
in definitions for metropolitan statistical areas; and (4) the length
and continuity of a hospital's relationship with an OPO other than the
hospital's designated OPO. Under section 1138(a)(2)(D) of the Act, the
Secretary is required to publish a notice of any waiver application
received from a hospital within 30 days of receiving the application,
and to offer interested parties an opportunity to comment in writing
during the 60-day period beginning on the publication date in the
Federal Register.
The criteria that the Secretary uses to evaluate the waiver in
these cases are the same as those described above under sections
1138(a)(2)(A) and (B) of the Act and have been incorporated into the
regulations at 42 CFR 486.308(e) and (f).
II. Waiver Request Procedures
[If you choose to comment on issues in this section, please include
the caption ``Waiver Request Procedures'' at the beginning of your
comments.]
In October 1995, we issued a Program Memorandum (Transmittal No. A-
95-11) detailing the waiver process and discussing the information that
hospitals must provide in requesting a waiver. We indicated that upon
receipt of a waiver request, we would publish a Federal Register notice
to solicit public comments, as required by section 1138(a)(2)(D) of the
Act.
According to these requirements, we will review the request and
comments received. During the review process, we may consult on an as-
needed basis with the Public Health Service's Division of
Transplantation, the United Network for Organ Sharing, and our regional
offices. If necessary, we may request additional clarifying information
from the applying hospital or others. We will then make a final
determination on the waiver request and notify the hospital and the
designated and requested OPOs.
III. Hospital Waiver Request
[If you choose to comment on issues in this section, please include
the caption ``Hospital Waiver Request'' at the beginning of your
comments.]
As permitted by 42 CFR 486.308(e), Select Specialty Hospital-Quad
Cities, of Davenport, Iowa has requested a waiver in order to enter
into an agreement with a designated OPO other than the OPO designated
for the service area in which the hospital is located. Select Specialty
Hospital-Quad Cities is requesting a waiver to work with:
Iowa Donor Network, 550 Madison Avenue, North Liberty, Iowa 52317.
Select Specialty Hospital's Designated OPO is:
Gift of Hope Organ and Tissue Donor Network, 660 North Industrial
Drive, Elmhurst, IL 60126-1520.
Authority: Section 1138 of the Social Security Act (42 U.S.C.
1320b-8).
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; Program No. 93.774, Medicare--
Supplementary Medical Insurance, and Program No. 93.778, Medical
Assistance Program.)
Dated: March 16, 2007.
Leslie V. Norwalk,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E7-5328 Filed 3-22-07; 8:45 am]
BILLING CODE 4120-01-P
