Notice of Availability of Request for Information (RFI) Regarding the Potential Roles for HHS in Developing a Dynamic Environment To Encourage the Innovation and Diffusion of Medical Technologies That Enhance Health System Value, 2595-2596 [E9-807]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices the public record. After thirty (30) days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreement’s proposed order. The complaint alleges that respondent engaged in practices that violate Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a), Section 144 of the Truth in Lending Act (‘‘TILA’’), 15 U.S.C. § 1664, and Section 226.24 of Regulation Z, 12 C.F.R. § 226.24. Section 5(a) of the FTC Act prohibits unfair or deceptive acts or practices. Respondent violated Section 5(a) of the FTC Act, because it disseminated or has caused to be disseminated home loan advertisements which offer a low monthly payment amount and/or payment rate, but fail to disclose, or fail to disclose adequately, that this monthly payment amount and/or payment rate: (1) apply only for a limited period of time, after which they will increase; (2) do not include the amount of interest that the consumer owes each month; and (3) are less than the monthly payment amount (including interest) and/or the interest rate that the consumer owes, with the difference added to the total amount due from the consumer or total loan balance. This information would be material to consumers shopping for a mortgage loan and the failure to disclose, or failure to disclose adequately, this information is a deceptive practice. TILA and Regulation Z require that closed-end credit advertisers who state a periodic payment amount must also provide additional information in the advertisement, including the terms of repayment; the annual percentage rate (‘‘APR’’); and if the APR may be increased after consummation, that fact. TILA and Regulation Z also require that if an advertisement states a rate of finance charge it must state the rate as an APR. Currently, Regulation Z also requires that if the advertisement states a payment rate, it must include additional disclosures. Respondent’s advertisements failed to disclose, or failed to disclose clearly and conspicuously, this information required by TILA and Regulation Z. Respondent’s failure to disclose this information undermined consumers’ ability to compare these offers to others in the marketplace. Through its law enforcement actions, the Commission intends to promote compliance with the disclosure requirements of TILA and Regulation Z, and to foster comparison shopping for mortgage loans. The proposed consent order contains provisions designed to prevent respondent from violating the FTC Act VerDate Nov<24>2008 23:17 Jan 14, 2009 Jkt 217001 or failing to make clear and conspicuous disclosures required by TILA and Regulation Z, as has been amended, see 73 Fed. Reg. 44,522 (July 30, 2008), and as may be further amended in the future. Part I of the proposed order prohibits respondent, in connection with closedend credit, from advertising a monthly payment amount unless respondent discloses, clearly and conspicuously and in close proximity to those representations, as applicable, that the advertised monthly payment amount: (1) applies only for a limited period of time, after which it will increase; (2) does not include the amount of interest that the consumer owes each month; and (3) is less than the monthly payment amount (including interest) that the consumer owes, with the difference added to the total amount due from the consumer or total loan balance. Part II of the proposed order prohibits respondent, in connection with closedend credit, from advertising a rate lower than the rate at which interest is accruing, regardless of whether the rate is referred to as an ‘‘effective rate,’’ a ‘‘payment rate,’’ a ‘‘qualifying rate,’’ or any other term, provided that this provision does not prohibit advertisement of the ‘‘annual percentage rate’’ or ‘‘APR.’’ In light of respondent’s deceptive use of payment rates in its advertisements, and the Federal Reserve Board’s amendments to Regulation Z banning the use of such rates effective October 1, 2009, the proposed order prohibits respondent from advertising any such rate, to ensure that respondent’s advertisements do not deceive consumers. See 73 Fed. Reg. at 44,608. Part III of the proposed order prohibits respondent, in connection with consumer credit, from making representations about the consumer’s current lender unless respondent adequately discloses respondent’s name and identity as the entity offering the loan. Part IV of the proposed order prohibits respondent, in connection with closed-end credit, from advertising the amount of any payment, the number of payments or the period of repayment, or the amount of any finance charge, without disclosing, clearly and conspicuously, all of the terms required by TILA and Regulation Z, including the terms of repayment; the APR; and if the APR may be increased after consummation, that fact. Part V of the proposed order prohibits respondent, in connection with closedend credit, from stating a rate of finance charge without stating the rate as an PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 2595 APR, as required by TILA and Regulation Z. Part VI of the proposed order prohibits respondent from failing to comply in any respect with TILA or Regulation Z. Part VII of the proposed order contains a document retention requirement, the purpose of which is to ensure compliance with the proposed order. It requires that respondent maintain all records that will demonstrate compliance with the proposed order. Part VIII of the proposed order requires respondent to distribute copies of the order to various principals, officers, directors, and managers, and all current and future employees, agents and representatives having responsibilities with respect to the subject matter of the order. Part IX of the proposed order requires respondent to notify the Commission of any changes in its corporate structure that might affect compliance with this order. Part X of the proposed order requires respondent to file with the Commission one or more reports detailing compliance with the order. Part XI of the proposed order is a ‘‘sunset’’ provision, dictating the conditions under which the order will terminate twenty years from the date it is issued or twenty years after a complaint is filed in federal court, by either the United States or the FTC, alleging any violations of the order. The purpose of this analysis is to facilitate public comment on the proposed order, and it is not intended to constitute an official interpretation of the agreement and proposed order or to modify in any way their terms. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E9–838 Filed 1–14–09: 8:45 am] BILLING CODE 6750–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Availability of Request for Information (RFI) Regarding the Potential Roles for HHS in Developing a Dynamic Environment To Encourage the Innovation and Diffusion of Medical Technologies That Enhance Health System Value AGENCY: Office of the Assistant Secretary for Planning and Evaluation, Department of Health and Human Services. ACTION: Request for information. E:\FR\FM\15JAN1.SGM 15JAN1 2596 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices SUMMARY: The Department of Health and Human Services (HHS) is soliciting ideas and information relating to ways in which HHS could continue to improve its use of resources and authorities in encouraging the development and use of new medical technologies, consistent with the goals of (a) maintaining and improving the quality of care, (b) controlling overall healthcare costs, and (c) using timely and practical administrative procedures. This Request for Information is now available on the HHS Web site at https://aspe.hhs.gov/sp/ medtechinnovation/rfi. DATES: Responses should be submitted to the U.S. Department of Health and Human Services on or before 5 p.m., EDT, April 16, 2009. ADDRESSES: Instructions for Submitting Comments: Electronic responses are preferred and should be addressed to medtechinnovation@hhs.gov. Written responses should be addressed to the U.S. Department of Health and Human Services, Room 434E, 200 Independence Ave, SW., Washington, DC 20201. Attention: Medical Technology Innovation RFI. A copy of this RFI is available on the Web site of the Assistant Secretary for Planning and Evaluation at https://aspe.hhs.gov/sp/ medtechinnovation/rfi. The submission of comments in response to this notice should not exceed 25 pages, not including appendices and supplemental documents. Any information you submit will be made public. Consequently, please do not send any proprietary, commercial, financial, business confidential, trade secret, or personal information that you do not wish to be made public. Public Access: Responses to this RFI will be available to the public in the Policy Information Center, 200 Independence Avenue, SW., Washington, DC, 20201. Please call (202) 690–6445 between 9 a.m. and 5 p.m. to arrange access. jlentini on PROD1PC65 with NOTICES FOR FURTHER INFORMATION CONTACT: Medical Technology Innovation Desk, Office of the Assistant Secretary for Planning and Evaluation, (202) 690– 7858. Dated: January 12, 2009. Mary M. McGeein, Principal Deputy Assistant Secretary for Planning and Evaluation. [FR Doc. E9–807 Filed 1–14–09; 8:45 am] BILLING CODE 4151–05–P VerDate Nov<24>2008 18:58 Jan 14, 2009 Jkt 217001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Agency for Healthcare Research and Quality, HHS. 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: ‘‘Improving Patient Flow and Reducing Emergency Department Crowding.’’ In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), AHRQ invites the public to comment on this proposed information collection. DATES: Comments on this notice must be received by March 16, 2009. ADDRESSES: Written comments should be submitted to: Doris Lefkowitz, Reports Clearance Officer, AHRQ, by email at doris.lefkowitz@ahrq.hhs.gov. Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from the AHRQ Reports Clearance Officer. FOR FURTHER INFORMATION CONTACT: Doris Lefkowitz, AHRQ Reports Clearance Officer, (301) 427–1477, or by e-mail at doris.lefkowitz@ahrq.hhs.gov. SUPPLEMENTARY INFORMATION: Proposed Project ‘‘Improving Patient Flow and Reducing Emergency Department Crowding’’ AHRQ proposes to study implementation of strategies from the Urgent Matters (UM) Toolkit for improving patient flow in emergency departments (ED). UM, a Robert Wood Johnson Foundation (RWJF) funded initiative, began as a collaborative of 10 urban, safety net hospitals that experimented with a variety of strategies (now included in the ‘‘UM Toolkit’’) designed to relieve ED crowding. The first phase of this initiative demonstrated that reductions in ED crowding were achievable without investment of significant financial resources. However, implementation of these strategies has not been widespread, and questions remain about how readily the strategies could be implemented in a more diverse group of hospitals, and the associated costs and PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 outcomes of implementation. This study is funded by a grant from RWJF to AHRQ. Six diverse hospitals have been selected for this study of the implementation of strategies from the UM Toolkit for improving ED patient flow. This study poses a common outcome goal across all six sites of improving patient flow and reducing ED crowding, but requires each hospital to select strategies that fit its own needs amid context. This approach rests on innovation research showing that organizational innovations are more successful when they are aligned with features of the adopting hospital. Participating hospitals will select strategies from the UM Toolkit that they believe will work best to address the particular problems they face. The six hospitals have agreed to participate in a collaborative run by the UM National Program Office (NPO) over the course of this study to facilitate the sharing of data and experiences while the project is under way. This study will document the experiences of a diverse set of hospital EDs as they identify and implement ED patient flow improvement strategies. The six case study hospitals were selected to reflect diversity of size, ownership, teaching status, safety net status, and types of challenges with ED crowding. Research methods will include observational site visits, in-person and telephone interviews, and the analysis of cost data. AHRQ’s contractor for this study, Health Research & Educational Trust (HRET), will perform analysis of secondary data on ED performance measures; this secondary data will be provided to HRET by the Urgent Matters NPO. These qualitative and quantitative methods will be used to: • Study the processes through which hospitals decide upon and adopt patient flow improvement strategies; • Identify facilitators and barriers to the implementation and maintenance of these strategies; • Document changes in patient flow, patient satisfaction, and staff satisfaction associated with the implementation of strategies and processes; • Generate estimates of the costs of adopting the strategies; • Identify issues associated with the reporting of ED performance measures, and • Develop lessons for hospitals considering the adoption of patient flow improvement strategies. The study will not be used to answer questions about causality or degrees of effectiveness (e.g to what degree did a E:\FR\FM\15JAN1.SGM 15JAN1

Agencies

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Pages 2595-2596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-807]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Notice of Availability of Request for Information (RFI) Regarding 
the Potential Roles for HHS in Developing a Dynamic Environment To 
Encourage the Innovation and Diffusion of Medical Technologies That 
Enhance Health System Value

AGENCY: Office of the Assistant Secretary for Planning and Evaluation, 
Department of Health and Human Services.

ACTION: Request for information.

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

[[Page 2596]]

SUMMARY: The Department of Health and Human Services (HHS) is 
soliciting ideas and information relating to ways in which HHS could 
continue to improve its use of resources and authorities in encouraging 
the development and use of new medical technologies, consistent with 
the goals of (a) maintaining and improving the quality of care, (b) 
controlling overall healthcare costs, and (c) using timely and 
practical administrative procedures. This Request for Information is 
now available on the HHS Web site at  https://aspe.hhs.gov/sp/
medtechinnovation/rfi.

DATES: Responses should be submitted to the U.S. Department of Health 
and Human Services on or before 5 p.m., EDT, April 16, 2009.

ADDRESSES:
    Instructions for Submitting Comments: Electronic responses are 
preferred and should be addressed to medtechinnovation@hhs.gov. Written 
responses should be addressed to the U.S. Department of Health and 
Human Services, Room 434E, 200 Independence Ave, SW., Washington, DC 
20201. Attention: Medical Technology Innovation RFI. A copy of this RFI 
is available on the Web site of the Assistant Secretary for Planning 
and Evaluation at https://aspe.hhs.gov/sp/medtechinnovation/rfi.
    The submission of comments in response to this notice should not 
exceed 25 pages, not including appendices and supplemental documents. 
Any information you submit will be made public. Consequently, please do 
not send any proprietary, commercial, financial, business confidential, 
trade secret, or personal information that you do not wish to be made 
public.
    Public Access: Responses to this RFI will be available to the 
public in the Policy Information Center, 200 Independence Avenue, SW., 
Washington, DC, 20201. Please call (202) 690-6445 between 9 a.m. and 5 
p.m. to arrange access.

FOR FURTHER INFORMATION CONTACT: Medical Technology Innovation Desk, 
Office of the Assistant Secretary for Planning and Evaluation, (202) 
690-7858.

    Dated: January 12, 2009.
Mary M. McGeein,
Principal Deputy Assistant Secretary for Planning and Evaluation.
[FR Doc. E9-807 Filed 1-14-09; 8:45 am]
BILLING CODE 4151-05-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.