Modified Policy on Freedom of Information Act Disclosure of Amounts Paid to Individual Physicians Under the Medicare Program, 3205-3206 [2014-00808]
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Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Notices
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications will also be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than February 13,
2014.
A. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Tulsa Valley Bancshares
Corporation, Tulsa, Oklahoma; to
acquire 100 percent of the voting shares
of Lake Bancshares Corporation, and
thereby indirectly acquire Bank of the
Lakes, N.A., both in Owasso, Oklahoma.
Board of Governors of the Federal Reserve
System, January 14, 2014.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2014–00843 Filed 1–16–14; 8:45 am]
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FEDERAL RESERVE SYSTEM
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[FR Doc. 2014–00844 Filed 1–16–14; 8:45 am]
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FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
Sunshine Act Meeting
TIME AND DATE:
9:00 a.m., January 27,
2014.
10th Floor Board Meeting Room,
77 K Street NE., Washington, DC 20002.
STATUS: Parts will be open to the public
and parts closed to the public.
MATTERS TO BE CONSIDERED:
PLACE:
1. Procurement
The companies listed in this notice
have given notice under section 4 of the
Bank Holding Company Act (12 U.S.C.
1843) (BHC Act) and Regulation Y, (12
CFR part 225) to engage de novo, or to
acquire or control voting securities or
assets of a company, including the
companies listed below, that engages
either directly or through a subsidiary or
other company, in a nonbanking activity
that is listed in § 225.28 of Regulation Y
(12 CFR 225.28) or that the Board has
determined by Order to be closely
related to banking and permissible for
bank holding companies. Unless
otherwise noted, these activities will be
conducted throughout the United States.
Each notice is available for inspection
at the Federal Reserve Bank indicated.
17:00 Jan 16, 2014
Board of Governors of the Federal Reserve
System, January 14, 2014.
Michael J. Lewandowski,
Associate Secretary of the Board.
Parts Closed to the Public at 9:00 a.m.
Notice of Proposals To Engage in or
To Acquire Companies Engaged in
Permissible Nonbanking Activities
VerDate Mar<15>2010
The notice also will be available for
inspection at the offices of the Board of
Governors. Interested persons may
express their views in writing on the
question whether the proposal complies
with the standards of section 4 of the
BHC Act.
Unless otherwise noted, comments
regarding the applications must be
received at the Reserve Bank indicated
or the offices of the Board of Governors
not later than February 3, 2014.
A. Federal Reserve Bank of Cleveland
(Nadine Wallman, Vice President) 1455
East Sixth Street, Cleveland, Ohio
44101–2566:
1. TriState Capital Holdings, Inc.,
Pittsburgh, Pennsylvania; to acquire
Chartwell Investment Partners, L.P.,
Berwyn, Pennsylvania, and thereby
engage in financial and investment
advisory activities, pursuant to section
225.28(b)(6).
Parts Open to the Public at 10:00 a.m.
1. Monthly Reports
a. Monthly Participant Activity Report
b. Monthly Investment Policy Report
c. Legislative Report
2. Audit Status
3. Quarterly Vendor Financials
4. Budget Review
5. Annual Expense Ratio Review
CONTACT PERSON FOR MORE INFORMATION:
Kimberly Weaver, Director, Office of
External Affairs, (202) 942–1640.
Dated: January 14, 2014.
James B. Petrick,
Secretary, Federal Retirement Thrift
Investment Board.
[FR Doc. 2014–00959 Filed 1–14–14; 4:15 pm]
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3205
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
[CMS–0041–N]
Modified Policy on Freedom of
Information Act Disclosure of Amounts
Paid to Individual Physicians Under
the Medicare Program
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice.
AGENCY:
This notice sets forth a new
policy regarding requests made under
the Freedom of Information Act for
information on amounts paid to
individual physicians under the
Medicare program in which CMS will
make case-by-case determinations as to
whether exemption 6 of the Freedom of
Information Act applies to a given
request for such information.
DATES: This notice is effective on March
18, 2014.
FOR FURTHER INFORMATION CONTACT:
Grace Im (202) 260–6770.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In a previous policy on the disclosure
of amounts paid to individual
physicians under the Medicare program,
which was set forth in the November 28,
1980 Federal Register (45 FR 79172),
the Secretary of the Department of
Health, Education, and Welfare (which
later became the Department of Health
and Human Services (the Department))
stated that, in considering the two
competing interests of public
transparency and privacy, the public
interest in the Department’s disclosure
of the amounts that had been paid to
individual physicians under the
Medicare program was not sufficient to
compel disclosure under the Freedom of
Information Act. The policy change was
premised on two courts having found a
compelling privacy interest on the part
of the physicians. See, Florida Medical
Association, Inc., et al. v. Department of
Health, Education, and Welfare, et al.
(M.D. Fla. 1979) and The American
Staffs of Private Hospitals, Inc., et al. v.
Health Care Financing Administration,
et al. (E.D. La. 1980). However, the
policy was expressly published in
response to the Florida Medical
Association district court’s issuance of a
permanent injunction, which barred the
Department of Health, Education, and
Welfare from disclosing identifiable
annual Medicare reimbursement
payments of individual physicians or
disclosure of payments in a manner that
could identify individual physicians.
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3206
Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Notices
That district court vacated its
permanent injunction on May 31, 2013
after determining that such a broad
injunction was no longer authorized
under the Privacy Act after the U.S.
Court of Appeals for the Eleventh
Circuit’s decision in Edison v.
Department of the Army (11th Cir.
1982), and thus its continued
enforcement was no longer equitable.
Following the court’s decision, CMS
solicited public comment on August 6,
2013 on its proposed policies with
respect to disclosure of individual
physician payment information.1
II. Provisions of the Notice
The Secretary has considered the
court’s decision and the wide spectrum
of public comments received by CMS. In
doing so, the Department has decided to
replace the prior policy, as set forth in
the November 28, 1980 Federal Register
(45 FR 79172), with a new policy in
which CMS will make case-by-case
determinations as to whether exemption
6 of the Freedom of Information Act
applies to a given request for
information pertaining to the amounts
that were paid to individual physicians
under Medicare. Exemption 6 requires
CMS to weigh the balance between the
privacy interest of individual physicians
and the public interest in disclosure of
such information. As the outcome of the
balancing test will depend on the
circumstances, the outcomes of these
analyses may vary depending on the
facts of each case. However, in all cases,
we are committed to protecting the
privacy of Medicare beneficiaries.
Dated: January 6, 2014.
Marilyn Tavenner,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: January 6, 2014.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2014–00808 Filed 1–14–14; 11:15 am]
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1 CMS, ‘‘Request for Public Comments on the
Potential Release of Medicare Physician Data’’
(August 6, 2013), available at: https://www.cms.gov/
Research-Statistics-Data-and-Systems/StatisticsTrends-and-Reports/Medicare-Provider-ChargeData/Public-Comment.html.
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17:00 Jan 16, 2014
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[30-Day 14–13AHG]
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 (404) 639–7570 or send an
email to omb@cdc.gov. Send written
comments to CDC Desk Officer, Office of
Management and Budget, Washington,
DC 20503 or by fax to (202) 395–5806.
Written comments should be received
within 30 days of this notice.
Proposed Project
Evaluation of Food Safety Programs—
New—National Center for
Environmental Health (NCEH), Centers
for Disease Control and Prevention
(CDC).
Background and Brief Description
Local and state food safety programs
(FSPs) are on the frontline of foodborne
disease prevention in United States
(U.S.). Through the Environmental
Health Specialists Network (EHSNet)(OMB No. 0920–0792, Expiration
2/28/2015), CDC currently funds and
works with local and state health
departments in five states (California,
New York, Minnesota, Rhode Island,
and Tennessee) to: (1) Identify
environmental antecedents (underlying
factors) to illness and disease outbreaks;
(2) translate findings into improved
prevention efforts using a systems-based
approach; (3) offer training
opportunities to current and future
environmental health specialists; and
(4) strengthen collaboration among
epidemiology, laboratory, and
environmental health programs. This
CDC program offers insights into the
current status of FSPs among EHS-Net
partners, but information is lacking on
a national scale.
The current tight fiscal environment
faced by U.S. health departments has
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led to a significant reduction in funding
for public health programs, such as food
safety. For example, 57 percent of local
health departments reduced or
eliminated at least one public health
program during 2011. Therefore, the
CDC is requesting for a two-year OMB
approval to conduct the ‘‘Evaluation of
Food Safety Programs’’ survey among a
representative sample of local and state
health departments implementing FSPs
in the U.S.
The purpose of this evaluation of
local and state FSPs is to collect
descriptive data on their current status
and activities, to describe changes in
their status and activities from 2007 to
2012, and to determine if there is a
relationship between funding status and
activities. Data will be collected on food
safety activities, workforce capacity and
competency, financial resources,
community health, and demographics of
FSPs. Data collected will help CDC
better understand the relationship
between different levels of funding and
FSP effectiveness in the U.S.
State and local food safety programs
are primary respondents for this data
collection. There are over 3,000 state
and local health departments in the U.S.
It is unknown how many state and local
health departments will actually
participate in the evaluation survey, as
participation will be voluntary.
This information collection seeks
approval to obtain data using a one-time
data collection survey. The survey will
take approximately 2 hours to complete.
The survey will be completed once by
respondents either manually or
electronically. The CDC is asking for
this data collection burden to allow
local and state health departments
ample time to request and obtain the
information they need from their
various departments and units to
complete the evaluation survey.
For this project, the anticipated
number of respondents is 190 health
departments per year, and the total
estimated annual burden hours are 380
hours. Only local and state health
departments implementing food safety
programs in the U.S. will be eligible to
participate in the survey. There will be
no cost to the respondents other than
their time.
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]]>Agencies
[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Notices]
[Pages 3205-3206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00808]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
[CMS-0041-N]
Modified Policy on Freedom of Information Act Disclosure of
Amounts Paid to Individual Physicians Under the Medicare Program
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice sets forth a new policy regarding requests made
under the Freedom of Information Act for information on amounts paid to
individual physicians under the Medicare program in which CMS will make
case-by-case determinations as to whether exemption 6 of the Freedom of
Information Act applies to a given request for such information.
DATES: This notice is effective on March 18, 2014.
FOR FURTHER INFORMATION CONTACT: Grace Im (202) 260-6770.
SUPPLEMENTARY INFORMATION:
I. Background
In a previous policy on the disclosure of amounts paid to
individual physicians under the Medicare program, which was set forth
in the November 28, 1980 Federal Register (45 FR 79172), the Secretary
of the Department of Health, Education, and Welfare (which later became
the Department of Health and Human Services (the Department)) stated
that, in considering the two competing interests of public transparency
and privacy, the public interest in the Department's disclosure of the
amounts that had been paid to individual physicians under the Medicare
program was not sufficient to compel disclosure under the Freedom of
Information Act. The policy change was premised on two courts having
found a compelling privacy interest on the part of the physicians. See,
Florida Medical Association, Inc., et al. v. Department of Health,
Education, and Welfare, et al. (M.D. Fla. 1979) and The American Staffs
of Private Hospitals, Inc., et al. v. Health Care Financing
Administration, et al. (E.D. La. 1980). However, the policy was
expressly published in response to the Florida Medical Association
district court's issuance of a permanent injunction, which barred the
Department of Health, Education, and Welfare from disclosing
identifiable annual Medicare reimbursement payments of individual
physicians or disclosure of payments in a manner that could identify
individual physicians.
[[Page 3206]]
That district court vacated its permanent injunction on May 31,
2013 after determining that such a broad injunction was no longer
authorized under the Privacy Act after the U.S. Court of Appeals for
the Eleventh Circuit's decision in Edison v. Department of the Army
(11th Cir. 1982), and thus its continued enforcement was no longer
equitable. Following the court's decision, CMS solicited public comment
on August 6, 2013 on its proposed policies with respect to disclosure
of individual physician payment information.\1\
---------------------------------------------------------------------------
\1\ CMS, ``Request for Public Comments on the Potential Release
of Medicare Physician Data'' (August 6, 2013), available at: https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/Medicare-Provider-Charge-Data/Public-Comment.html.
---------------------------------------------------------------------------
II. Provisions of the Notice
The Secretary has considered the court's decision and the wide
spectrum of public comments received by CMS. In doing so, the
Department has decided to replace the prior policy, as set forth in the
November 28, 1980 Federal Register (45 FR 79172), with a new policy in
which CMS will make case-by-case determinations as to whether exemption
6 of the Freedom of Information Act applies to a given request for
information pertaining to the amounts that were paid to individual
physicians under Medicare. Exemption 6 requires CMS to weigh the
balance between the privacy interest of individual physicians and the
public interest in disclosure of such information. As the outcome of
the balancing test will depend on the circumstances, the outcomes of
these analyses may vary depending on the facts of each case. However,
in all cases, we are committed to protecting the privacy of Medicare
beneficiaries.
Dated: January 6, 2014.
Marilyn Tavenner,
Administrator, Centers for Medicare & Medicaid Services.
Approved: January 6, 2014.
Kathleen Sebelius,
Secretary, Department of Health and Human Services.
[FR Doc. 2014-00808 Filed 1-14-14; 11:15 am]
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