Agency Information Collection Request; 60-Day Public Comment Request, 8952-8953 [2010-3981]
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8952
Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices
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consistent with Commission practice:
when an individual is just an employee
of the organizational respondent (as
opposed to an owner of the organization
or someone who is shown to control the
organization’s decisions), the
Commission has rarely named the
individual as a separate respondent; it
has instead simply provided that the
order will apply to the directors of the
organizational respondent, its officers,
and employees. Despite my doubts
about whether liability based on the two
species of conduct discussed above
could be found, I found that there was
‘‘reason to believe’’ that Boulder Valley
could be fenced-in in this fashion, and
I voted for the decree.1 One of the
factors I considered, however, was that
Ms. Higgins was not joined as a
respondent.
Thereafter, it is undisputed that the
following events occurred. First, Ms.
Higgins denounced the consent decree
in the press, asserting, among other
things, that Boulder Valley had agreed
to the consent decree only to avoid the
substantial expense that litigation
would entail.2 Second, in response to
the notice for public comment on
Boulder Valley’s proposed consent,
Anthem Blue Cross Blue Shield
complained that ‘‘the terms of the
Consent Order may be interpreted to
allow individuals associated with
. . . BVIPA’’ to continue to attempt to
facilitate collusive pricing.3 Third,
following those complaints and
conversations with Anthem, staff
notified Ms. Higgins that it was
evaluating whether to add her to the
Boulder Valley complaint or name her
separately. Fourth, Ms. Higgins then
separately met with the Commissioners
(with the exception of the undersigned)
in an effort to persuade them not to
pursue her individually. Fifth, following
those meetings, staff offered Ms. Higgins
a consent decree that restricts Ms.
Higgins’s ability to participate in a pure
‘‘messenger system’’ in obtaining rates
for those physicians that Boulder Valley
represents. Sixth, Ms. Higgins rejected
that consent decree, but rather than
litigate, the Commission has since
agreed to a consent decree that (unlike
the Commission’s consent decree with
Boulder Valley) (1) restricts Ms. Higgins
to a limited messenger model for one
year and (2) prevents Ms. Higgins from
negotiating with any payor on behalf of
any physician that participates in the
BVIPA for two years.
Under these circumstances, I cannot
vote in support of the consent decree
against Ms. Higgins. First, I do not
believe that the Commission has
adduced evidence that warrants
switching its stance from not naming
Ms. Higgins at all to requiring her to
enter into a consent decree that restricts
her ability to participate in a pure
‘‘messenger system.’’ There is a factual
dispute as to whether when Ms. Higgins
made her post-consent statements to
Anthem, Ms. Higgins understood that
she (or Boulder Valley) was subject to
the binding consent decree in Boulder
Valley, which had not yet been made
final. I do not believe that such disputed
facts supply a sufficient basis for the
Commission to now proceed against Ms.
Higgins separately and require that she
engage in more restrictive conduct as a
condition of settlement.
Second, in my view, the
Commission’s decision today is
unnecessarily punitive: Ms. Higgins
cannot possibly do her job to the fullest
extent for Boulder Valley if she is
limited in her conduct as described.
Moreover, I am gravely concerned that
the Commission’s abrupt decision to
change its tune can be viewed as
retaliation for Ms. Higgins’s decision to
exercise her First Amendment rights
when she publicly criticized the
Commission’s initial decision against
Boulder Valley and for her ensuing
decision to meet individual
Commissioners in an effort to persuade
them not to pursue her separately.
Third, I believe that by separately
naming Ms. Higgins, the Commission
has reneged on its deal. Such actions
will inevitably undermine the
Commission’s ability to effectively
negotiate consent decrees in the future.
I greatly regret this chain of events,
and I hope that it does not happen
again.
1 Complaint, In the Matter of Boulder Valley
Individual Practice Assoc., FTC File No. 051-0252
(Dec. 24, 2008), available at (https://www.ftc.gov/os/
caselist/0510252/081224bouldercmpt.pdf).
2 See, e.g., John Aguilar, Doctors Settle with FTC;
Boulder County Physicians’ Group: Feds Wrong
with price-fixing claims, DAILY CAMERA, Dec. 30,
2008, at A1; Greg Blesch, FTC’s Not Done Yet;
Calif., Colo. Doc partnerships latest to be
scrutinized, 39 MODERN HEALTHCARE 10 (Jan. 5,
2009).
3 Comment submitted by Wellpoint, Inc., In re
Boulder Valley Independent Practice Assoc., FTC
File No. 051-0252 (Jan. 22, 2009), available at
(https://www.ftc.gov/os/comments/
bouldervalley%20ipa/539810-00002.pdf).
[FR Doc. 2010–4045 Filed 2–25–10; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier: OS–0937–0025]
Agency Information Collection
Request; 60-Day Public Comment
Request
AGENCY:
PO 00000
Office of the Secretary, HHS.
Frm 00058
Fmt 4703
Sfmt 4703
Agency Information Collection Request;
60-Day Public Comment Request
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed information collection request
for public comment. Interested persons
are invited to send comments regarding
this burden estimate or any other aspect
of this collection of information,
including any of the following subjects:
(1) The necessity and utility of the
proposed information collection for the
proper performance of the agency’s
functions; (2) the accuracy of the
estimated burden; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4) the
use of automated collection techniques
or other forms of information
technology to minimize the information
collection burden.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, e-mail your request,
including your address, phone number,
OMB number, and OS document
identifier, to
Sherette.funncoleman@hhs.gov, or call
the Reports Clearance Office on (202)
690–6162. Written comments and
recommendations for the proposed
information collections must be directed
to the OS Paperwork Clearance Officer
at the above e-mail address within 60
days.
Proposed Project: Application for
Appointment as a Commissioned
Officer in the United States Public
Health Service Commissioned Corps,
OMB No. 0937–0025 Revision, Office of
Commissioned Corps Force
Management, Office of Public Health
and Science.
Abstract: Pursuant to the Paperwork
Reduction Act of 1995, the Office of
Commissioned Corps Force
Management (OCCFM), Office of Public
Health and Science (OPHS), requests
that the Office of Management and
Budget (OMB) approve form PHS–50,
‘‘Application for Appointment as a
Commissioned Officer in the United
States Public Health Service
Commissioned Corps,’’ (OMB No. 0937–
0025) and form PHS–1813, ‘‘Reference
Request for Applicants to the United
States Public Health Service
Commissioned Corps’’ (OMB No. 0937–
0025).
The principal purpose for collecting
the information is to permit HHS to
determine eligibility for appointment of
applicants into the Commissioned Corps
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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices
of the U.S. Public Health Service
(Corps). The application packet pertains
only to individual health professionals
who wish to apply for appointment in
the Corps. This is a request for a 3-year
approval.
ESTIMATED ANNUALIZED BURDEN TABLE
Number of
responses per
respondent
Type of respondent
PHS–50 .............................................
PHS–1813 .........................................
Applicant to Corps ............................
Reference for Applicant ...................
2,500
10,000
1
1
1
15/60
2500
2500
Total ...........................................
...........................................................
12,500
1
........................
5000
Seleda Perryman,
Office of the Secretary, Paperwork Reduction
Act Reports Clearance Officer.
[FR Doc. 2010–3981 Filed 2–25–10; 8:45 am]
BILLING CODE 4150–28–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier: OS–0990–; 30-day
notice]
Agency Information Collection
Request; 30-Day Public Comment
Request
AGENCY:
Office of the Secretary, HHS.
Agency Information Collection Request;
30-Day Public Comment Request
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed collection for public
comment. Interested persons are invited
to send comments regarding this burden
estimate or any other aspect of this
Number of
respondents
Average
burden hours
per response
Forms
(if necessary)
Total burden
hours
(PSUNC): Focus Groups with
Adolescents. OMB No. 0990—NEW—
Office of the Secretary/Office of Public
Health and Science/Office Adolescent
Pregnancy Programs.
Abstract: The data collection will take
place once, over a three-day period, in
early 2010. An estimated 2000 adults
will be screened to identify parents who
are willing for their child to participate
in the study and whose child is eligible.
Screening will take an estimated 3
minutes, on average. Study participants
will total 160 adolescents ages 13–15.
Participation in the study will take an
estimated 2 hours on average; including
time spent responding to a miniquestionnaire and participating in a
bulletin board focus group. Participants
will self-administer the miniquestionnaire at home on personal
computers and will also participate in
the focus group online. The specific aim
of this study is to assess qualitatively
what kinds of information about sex
adolescents want to hear from their
parents and their perspectives on the
factors that either hinder or facilitate
effective communication.
collection of information, including any
of the following subjects: (1) The
necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions;
(2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (4) the use of
automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, e-mail your request,
including your address, phone number,
OMB number, and OS document
identifier, to
Sherette.funncoleman@hhs.gov, or call
the Reports Clearance Office on (202)
690–5683. Send written comments and
recommendations for the proposed
information collections within 30 days
of this notice directly to the OS OMB
Desk Officer; faxed to OMB at 202–395–
5806.
Proposed Project: Evaluation of the
Parents Speak Up National Campaign
ESTIMATED ANNUALIZED BURDEN TABLE
Number of
respondents
Number of responses per
respondent
Average
burden hours
per response
Forms
(if necessary)
Type of respondent
Screener ............................................
Focus group discussion guide and
mini-questionnaire.
Adults ...............................................
Adolescents ages 13–15 ..................
2,000
160
1
1
3/60
2
100
320
Total ...........................................
...........................................................
2,160
........................
........................
420
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[FR Doc. 2010–3982 Filed 2–25–10; 8:45 am]
sroberts on DSKD5P82C1PROD with NOTICES
Seleda M. Perryman,
Office of the Secretary, Paperwork Reduction
Act Reports Clearance Officer.
Office of the National Coordinator for
Health Information Technology HIT
Policy Committee Advisory Meeting;
Notice of Meeting
BILLING CODE 4150–30–P
AGENCY: Office of the National
Coordinator for Health Information
Technology, HHS.
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ACTION:
Total burden
hours
Notice of meeting.
This notice announces a forthcoming
meeting of a public advisory committee
of the Office of the National Coordinator
for Health Information Technology
(ONC). The meeting will be open to the
public.
Name of Committee: HIT Policy
Committee.
General Function of the Committee:
To provide recommendations to the
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]]>Agencies
[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Pages 8952-8953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3981]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Document Identifier: OS-0937-0025]
Agency Information Collection Request; 60-Day Public Comment
Request
AGENCY: Office of the Secretary, HHS.
Agency Information Collection Request; 60-Day Public Comment Request
In compliance with the requirement of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Office of the Secretary (OS),
Department of Health and Human Services, is publishing the following
summary of a proposed information collection request for public
comment. Interested persons are invited to send comments regarding this
burden estimate or any other aspect of this collection of information,
including any of the following subjects: (1) The necessity and utility
of the proposed information collection for the proper performance of
the agency's functions; (2) the accuracy of the estimated burden; (3)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (4) the use of automated collection techniques or
other forms of information technology to minimize the information
collection burden.
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, e-mail your
request, including your address, phone number, OMB number, and OS
document identifier, to Sherette.funncoleman@hhs.gov, or call the
Reports Clearance Office on (202) 690-6162. Written comments and
recommendations for the proposed information collections must be
directed to the OS Paperwork Clearance Officer at the above e-mail
address within 60 days.
Proposed Project: Application for Appointment as a Commissioned
Officer in the United States Public Health Service Commissioned Corps,
OMB No. 0937-0025 Revision, Office of Commissioned Corps Force
Management, Office of Public Health and Science.
Abstract: Pursuant to the Paperwork Reduction Act of 1995, the
Office of Commissioned Corps Force Management (OCCFM), Office of Public
Health and Science (OPHS), requests that the Office of Management and
Budget (OMB) approve form PHS-50, ``Application for Appointment as a
Commissioned Officer in the United States Public Health Service
Commissioned Corps,'' (OMB No. 0937-0025) and form PHS-1813,
``Reference Request for Applicants to the United States Public Health
Service Commissioned Corps'' (OMB No. 0937-0025).
The principal purpose for collecting the information is to permit
HHS to determine eligibility for appointment of applicants into the
Commissioned Corps
[[Page 8953]]
of the U.S. Public Health Service (Corps). The application packet
pertains only to individual health professionals who wish to apply for
appointment in the Corps. This is a request for a 3-year approval.
Estimated Annualized Burden Table
----------------------------------------------------------------------------------------------------------------
Number of Average burden
Forms (if necessary) Type of Number of responses per hours per Total burden
respondent respondents respondent response hours
----------------------------------------------------------------------------------------------------------------
PHS-50........................ Applicant to 2,500 1 1 2500
Corps.
PHS-1813...................... Reference for 10,000 1 15/60 2500
Applicant.
---------------------------------------------------------------
Total..................... ................ 12,500 1 .............. 5000
----------------------------------------------------------------------------------------------------------------
Seleda Perryman,
Office of the Secretary, Paperwork Reduction Act Reports Clearance
Officer.
[FR Doc. 2010-3981 Filed 2-25-10; 8:45 am]
BILLING CODE 4150-28-P
