Health Insurance MarketplaceSM, 79043-79045 [2015-31861]
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Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
evaluated under a ‘‘framework similar to
the rule of reason.’’ 4 Competitive effects
analysis under the rule of reason
depends upon the nature of the conduct
that is under review.5
An invitation to collude is
‘‘potentially harmful and . . . serves no
legitimate business purpose.’’ 6 For this
reason, the Commission treats such
conduct as ‘‘inherently suspect’’ (that is,
presumptively anticompetitive).7 This
means that an invitation to collude can
be condemned under Section 5 without
a showing that the respondent possesses
market power.8
The Commission has long held that an
invitation to collude violates Section 5
of the FTC Act even where there is no
proof that the competitor accepted the
invitation.9 First, unaccepted
solicitations may facilitate coordination
between competitors because they
Ohlhausen dissented from the issuance of the
Section 5 Unfair Methods of Competition Policy
Statement. See https://www.ftc.gov/publicstatements/2015/08/dissenting-statementcommissioner-ohlhausen-ftc-act-section-5-policy.
4 Section 5 Unfair Methods of Competition Policy
Statement.
5 See, e.g., California Dental Ass’n v. FTC, 526
U.S. 756, 781 (1999) (‘‘What is required . . . is an
enquiry meet for the case, looking to the
circumstances, details, and logic of a restraint.’’).
6 In re Valassis Commc’ns, Inc., 141 F.T.C. 247,
283 (2006) (Analysis of Agreement Containing
Consent Order to Aid Public Comment); see also
Address by FTC Chairwoman Edith Ramirez,
Section 5 Enforcement Principles, George
Washington University Law School at 5 (Aug. 13,
2015), available at https://www.ftc.gov/system/files/
documents/public_statements/735411/
150813section5speech.pdf.
7 See, e.g., In re North Carolina Bd. of Dental
Examiners, 152 F.T.C. 640, 668 (2011) (noting that
inherently suspect conduct is such that can be
‘‘reasonably characterized as ‘giv[ing] rise to an
intuitively obviously inference of anticompetitive
effect.’ ’’) (citation omitted).
8 See, e.g., In re Realcomp II, Ltd., 148 F.T.C.
ll, Docket No. 9320, 2009 FTC LEXIS 250, at *51
(Oct. 30, 2009) (Comm’n Op.) (explaining that if
conduct is ‘‘inherently suspect’’ in nature, and there
are no cognizable procompetitive justifications, the
Commission can condemn it ‘‘without proof of
market power or actual effects’’).
9 See, e.g., In re Valassis Commc’ns, Inc., 141
F.T.C. 247 (2006); In re Stone Container, 125 F.T.C.
853 (1998); In re Precision Moulding, 122 F.T.C. 104
(1996). See also In re McWane, Inc., Docket No.
9351, Opinion of the Commission on Motions for
Summary Decision at 20–21 (F.T.C. Aug. 9, 2012)
(‘‘an invitation to collude is ‘the quintessential
example of the kind of conduct that should be . . .
challenged as a violation of Section 5’ ’’) (citing the
Statement of Chairman Leibowitz and
Commissioners Kovacic and Rosch, In re U-Haul
Int’l, Inc., 150 F.T.C. 1, 53 (2010)). This conclusion
has been endorsed by leading antitrust scholars. See
P. Areeda & H. Hovenkamp, VI ANTITRUST LAW
¶ 1419 (2003); Stephen Calkins, Counterpoint: The
Legal Foundation of the Commission’s Use of
Section 5 to Challenge Invitations to Collude is
Secure, Antitrust, Spring 2000, at 69. In a case
brought under a state’s version of Section 5, the
First Circuit expressed support for the
Commission’s application of Section 5 to
invitations to collude. See Liu v. Amerco, 677 F.3d
489 (1st Cir. 2012).
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79043
This notice announces the
new meeting of the Advisory Panel on
Outreach and Education (APOE) (the
Panel) in accordance with the Federal
Advisory Committee Act. The Panel
advises and makes recommendations to
the Secretary of the U.S. Department of
Health and Human Services (HHS) and
the Administrator of the Centers for
Medicare & Medicaid Services (CMS) on
opportunities to enhance the
effectiveness of Health Insurance
MarketplaceSM,1 Medicare, Medicaid,
and Children’s Health Insurance
Program (CHIP) consumer education
strategies. This meeting is open to the
public.
DATES: Meeting Date: Wednesday,
January 13, 2016 8:30 a.m. to 4 p.m.
Eastern Standard Time (EST).
Deadline for Meeting Registration,
Presentations and Comments:
Wednesday, December 30, 2015, 5 p.m.,
EST.
Deadline for Requesting Special
Accommodations: Wednesday,
December 30, 2015, 5:00 p.m., e.s.t.
ADDRESSES: Meeting Location: U.S.
Department of Health & Human
Services, Hubert H. Humphrey Building,
200 Independence Avenue SW., Room
425A, Conference Room, Washington,
DC 20201.
Presentations and Written Comments:
Presentations and written comments
should be submitted to: Abigail
Huffman, Designated Federal Official
(DFO), Division of Forum and
Conference Development, Office of
Communications, Centers for Medicare
& Medicaid Services, 7500 Security
Boulevard, Mailstop S1–05–06,
Baltimore, MD 21244–1850 or via email
at Abigail.Huffman1@cms.hhs.gov.
Registration: The meeting is open to
the public, but attendance is limited to
the space available. Persons wishing to
attend this meeting must register at the
Web site https://www.regonline.com/
apoejan2016meeting or by contacting
the DFO as listed in the FOR FURTHER
INFORMATION CONTACT 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 the DFO at the address listed in
the ADDRESSES section of this notice by
the date listed in the DATES section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Abigail Huffman, Designated Federal
Official, Office of Communications,
CMS, 7500 Security Boulevard, Mail
Stop S1–05–06, Baltimore, MD 21244,
410–786–0897, email
Abigail.Huffman1@cms.hhs.gov.
Additional information about the APOE
is available on the Internet at: https://
www.cms.gov/Regulations-andGuidance/Guidance/FACA/APOE.html.
10 In re Valassis Commc’ns, Inc., 141 F.T.C. 247,
283 (2006) (Analysis of Agreement Containing
Consent Order to Aid Public Comment).
1 Health Insurance MarketplaceSM and
MarketplaceSM are service marks of the U.S.
Department of Health and Human Services.
reveal information about the solicitor’s
intentions or preferences. Second, it can
be difficult to discern whether a
competitor has accepted a solicitation.
Third, finding a violation may deter
similar conduct that has no legitimate
business purpose.10
III. The Proposed Consent Order
The Proposed Order has the following
substantive provisions:
Section II, Paragraph A of the
Proposed Order enjoins DTC Group
from communicating with its
competitors about rates or prices, with
a proviso permitting public posting of
rates.
Section II, Paragraph B prohibits DTC
Group from entering into, participating
in, maintaining, organizing,
implementing, enforcing, inviting,
offering, or soliciting an agreement with
any competitor to divide markets, to
allocate customers, or to fix prices.
Section II, Paragraph C bars DTC
Group from urging any competitor to
raise, fix, or maintain its price or rate
levels, or to limit or reduce service
terms or levels.
Sections III–VI of the Proposed Order
impose reporting and compliance
requirements on DTC Group.
The Proposed Order will expire in 20
years.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015–31822 Filed 12–17–15; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–7039–N]
Health Insurance MarketplaceSM,
Medicare, Medicaid, and the Children’s
Health Insurance Program; Meeting of
the Advisory Panel on Outreach and
Education (APOE), January 13, 2016
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of meeting.
AGENCY:
SUMMARY:
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Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices
Press inquiries are handled through the
CMS Press Office at (202) 690–6145.
SUPPLEMENTARY INFORMATION:
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I. Background
The Advisory Panel for Outreach and
Education (APOE) (the Panel) is
governed by the provisions of Federal
Advisory Committee Act (FACA) (Pub.
L. 92–463), as amended (5 U.S.C.
Appendix 2), which sets forth standards
for the formation and use of federal
advisory committees. The Panel is
authorized by section 1114(f) of the
Social Security Act (42 U.S.C. 1314(f))
and section 222 of the Public Health
Service Act (42 U.S.C. 217a).
The Secretary of the U.S. Department
of Health and Human Services (HHS)
(the Secretary) signed the charter
establishing the Citizen’s Advisory
Panel on Medicare Education 2 (the
predecessor to the APOE) on January 21,
1999 (64 FR 7899, February 17, 1999) to
advise and make recommendations to
the Secretary and the Administrator of
the Centers for Medicare & Medicaid
Services (CMS) on the effective
implementation of national Medicare
education programs, including with
respect to the Medicare+Choice (M+C)
program added by the Balanced Budget
Act of 1997 (Pub. L. 105–33).
The Medicare Modernization Act of
2003 (MMA) (Pub. L. 108–173)
expanded the existing health plan
options and benefits available under the
M+C program and renamed it the
Medicare Advantage (MA) program. We
have had substantial responsibilities to
provide information to Medicare
beneficiaries about the range of health
plan options available and better tools
to evaluate these options. The
successful MA program implementation
required CMS to consider the views and
policy input from a variety of private
sector constituents and to develop a
broad range of public-private
partnerships.
In addition, Title I of the MMA
authorized the Secretary and the
Administrator of CMS (by delegation) to
establish the Medicare prescription drug
benefit. The drug benefit allows
beneficiaries to obtain qualified
prescription drug coverage. In order to
effectively administer the MA program
and the Medicare prescription drug
benefit, we have substantial
responsibilities to provide information
to Medicare beneficiaries about the
range of health plan options and
2 We note that the Citizen’s Advisory Panel on
Medicare Education is also referred to as the
Advisory Panel on Medicare Education (65 FR
4617). The name was updated in the Second
Amended Charter approved on July 24, 2000.
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benefits available, and to develop better
tools to evaluate these plans and
benefits.
The Affordable Care Act (Patient
Protection and Affordable Care Act,
Pub. L. 111–148, and Health Care and
Education Reconciliation Act of 2010,
Pub. L. 111–152) expanded the
availability of other options for health
care coverage and enacted a number of
changes to Medicare as well as to
Medicaid and the Children’s Health
Insurance Program (CHIP). Qualified
individuals and qualified employers are
now able to purchase private health
insurance coverage through competitive
marketplaces called Affordable
Insurance Exchanges, or ‘‘Exchanges’’
(we also call an Exchange a Health
Insurance MarketplaceSM or
MarketplaceSM). In order to effectively
implement and administer these
changes, we must provide information
to consumers, providers, and other
stakeholders through education and
outreach programs regarding how
existing programs will change and the
expanded range of health coverage
options available, including private
health insurance coverage through an
Exchange. The APOE (the Panel) allows
us to consider a broad range of views
and information from interested
audiences in connection with this effort
and to identify opportunities to enhance
the effectiveness of education strategies
concerning the Affordable Care Act.
The scope of this panel also includes
advising on issues pertaining to the
education of providers and stakeholders
with respect to the Affordable Care Act
and certain provisions of the Health
Information Technology for Economic
and Clinical Health (HITECH) Act
enacted as part of the American
Recovery and Reinvestment Act of 2009
(ARRA).
On January 21, 2011, the Panel’s
charter was renewed and the Panel was
renamed the Advisory Panel for
Outreach and Education. The Panel’s
charter was most recently renewed on
January 21, 2015, and will terminate on
January 21, 2017 unless renewed by
appropriate action.
Under the current charter, the APOE
will advise the Secretary and the
Administrator on optimal strategies for
the following:
• Developing and implementing
education and outreach programs for
individuals enrolled in, or eligible for,
Medicare, Medicaid, and the Children’s
Health Insurance Program (CHIP), or
coverage available through a Health
Insurance MarketplaceSM.
• Enhancing the federal government’s
effectiveness in informing Health
Insurance MarketplaceSM, Medicare,
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Medicaid, and CHIP consumers, issuers,
providers, and stakeholders, through
education and outreach programs, on
issues regarding these programs,
including the appropriate use of publicprivate partnerships to leverage the
resources of the private sector in
educating beneficiaries, providers, and
stakeholders.
• Expanding outreach to vulnerable
and underserved communities,
including racial and ethnic minorities,
in the context of Health Insurance
MarketplaceSM, Medicare, Medicaid,
and CHIP education programs.
• Assembling and sharing an
information base of ‘‘best practices’’ for
helping consumers evaluate health
coverage options.
• Building and leveraging existing
community infrastructures for
information, counseling, and assistance.
• Drawing the program link between
outreach and education, promoting
consumer understanding of health care
coverage choices, and facilitating
consumer selection/enrollment, which
in turn support the overarching goal of
improved access to quality care,
including prevention services,
envisioned under the Affordable Care
Act.
The current members of the Panel are:
Kellan Baker, Associate Director, Center
for American Progress; Robert Blancato,
President, Matz, Blancato & Associates;
Dale Blasier, Professor of Orthopaedic
Surgery, Department of Orthopaedics,
Arkansas Children’s Hospital; Deborah
Britt, Executive Director of Community
& Public Relations, Piedmont Fayette
Hospital; Deena Chisolm, Associate
Professor of Pediatrics & Public Health,
The Ohio State University, Nationwide
Children’s Hospital; Josephine DeLeon,
Director, Anti-Poverty Initiatives,
Catholic Charities of California; Robert
Espinoza, Vice President of Policy,
Paraprofessional Healthcare Institute;
Jennifer Gross, Manager of Political
Field Operations, Planned Parenthood
of Montana; Louise Scherer Knight,
Director, The Sidney Kimmel
Comprehensive Cancer Center at Johns
Hopkins; Miriam Mobley-Smith, Dean,
Chicago State University, College of
Pharmacy; Roanne Osborne-Gaskin,
M.D., Senior Medical Director, MDWise,
Inc.; Cathy Phan, Outreach and
Education Coordinator, Asian American
Health Coalition DBA HOPE Clinic;
Kamila Pickett, Litigation Support,
Independent Contractor; Brendan Riley,
Outreach and Enrollment Coordinator,
NC Community Health Center
Association; Jeanne Ryer, Director, New
Hampshire Citizens Health Initiative,
University of New Hampshire; Alvia
Siddiqi, Medicaid Managed Care
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Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices
Community Network (MCCN) Medical
Director, Advocate Physician Partners,
Carla Smith, Executive Vice President,
Healthcare Information and
Management Systems Society (HIMSS);
Tobin Van Ostern, Vice President and
Co-Founder, Young Invincibles
Advisors; and Paula Villescaz, Senior
Consultant, Assembly Health
Committee.
II. Provisions of This Notice
In accordance with section 10(a) of
the FACA, this notice announces a
meeting of the APOE. The agenda for
the January 13, 2016 meeting will
include the following:
• Welcome and listening session with
CMS leadership
• Recap of the previous (October 7,
2015) meeting
• Affordable Care Act initiatives
• An opportunity for public comment
• Meeting summary, review of
recommendations, and next steps
Individuals or organizations that wish
to make a 5-minute oral presentation on
an agenda topic should submit a written
copy of the oral presentation to the DFO
at the address listed in the ADDRESSES
section of this notice by the date listed
in the DATES section of this notice. The
number of oral presentations may be
limited by the time available.
Individuals not wishing to make an oral
presentation may submit written
comments to the DFO 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).
Dated: December 10, 2015.
Andrew M. Slavitt,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. 2015–31861 Filed 12–17–15; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
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[Document Identifiers: CMS–855S, CMS–
10142 and CMS–R–262]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
ACTION:
The Centers for Medicare &
Medicaid Services (CMS) is announcing
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Under the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501–3520), federal agencies
must obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. The term ‘‘collection of
SUPPLEMENTARY INFORMATION:
Notice.
SUMMARY:
an opportunity for the public to
comment on CMS’ intention to collect
information from the public. Under the
Paperwork Reduction Act of 1995
(PRA), federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension or reinstatement of an existing
collection of information, and to allow
a second opportunity for public
comment on the notice. Interested
persons are invited to send comments
regarding the 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.
DATES: Comments on the collection(s) of
information must be received by the
OMB desk officer by January 19, 2016:
ADDRESSES: When commenting on the
proposed information collections,
please reference the document identifier
or OMB control number. To be assured
consideration, comments and
recommendations must be received by
the OMB desk officer via one of the
following transmissions:
OMB, Office of Information and
Regulatory Affairs, Attention: CMS
Desk Officer, Fax Number: (202) 395–
5806 OR, Email: OIRA_submission@
omb.eop.gov.
To obtain copies of a supporting
statement and any related forms for the
proposed collection(s) summarized in
this notice, you may make your request
using one of following:
1. Access CMS’ Web site address at
https://www.cms.hhs.gov/
PaperworkReductionActof1995.
2. Email your request, including your
address, phone number, OMB number,
and CMS document identifier, to
Paperwork@cms.hhs.gov.
3. Call the Reports Clearance Office at
(410) 786–1326.
FOR FURTHER INFORMATION CONTACT:
Reports Clearance Office at (410) 786–
1326.
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79045
information’’ is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c) and
includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA (44 U.S.C.
3506(c)(2)(A)) requires federal agencies
to publish a 30-day notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension or
reinstatement of an existing collection
of information, before submitting the
collection to OMB for approval. To
comply with this requirement, CMS is
publishing this notice that summarizes
the following proposed collection(s) of
information for public comment:
1. Type of Information Collection
Request: Revision of a currently
approved collection; Title of
Information Collection: Medicare
Enrollment Application—Durable
Medical Equipment, Prosthetics,
Orthotics and Supplies (DMEPOS)
Suppliers; Use: The primary function of
the CMS 855S Durable Medical
Equipment, Prosthetics, Orthotics and
Supplies (DMEPOS) supplier
enrollment application is to gather
information from a supplier that tells us
who it is, whether it meets certain
qualifications to be a health care
supplier, where it renders its services or
supplies, the identity of the owners of
the enrolling entity, and information
necessary to establish correct claims
payment.
The goal of this revision of the CMS–
855S is to simplify and clarify the
current data collection and to remove
obsolete and/or redundant questions.
Grammar and spelling errors were
corrected. Limited informational text
has been added within the application
form and instructions in conjunction
with links to Web sites when detail is
needed by the supplier. To clarify
current data collection differentiations
and to be in sync with accreditation
coding, section 3D (‘‘Products and
Services Furnished by This Supplier’’)
has been updated. This revision does
not offer any new material data
collection. CMS received one comment
in response to the 60-day notice. Form
Number: CMS–855S (OMB Control
Number: 0938–1056); Frequency:
Annually; Affected Public: Private
sector (, Business or other for-profits
and Not-for-profit institutions); Number
of Respondents: 31,915; Total Annual
Responses: 31,915; Total Annual Hours:
36,842. (For policy questions regarding
this collection contact Kimberly
McPhillips at 410–786–5374.)
2. Type of Information Collection
Request: Revision of a currently
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Agencies
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79043-79045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31861]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-7039-N]
Health Insurance MarketplaceSM, Medicare, Medicaid,
and the Children's Health Insurance Program; Meeting of the Advisory
Panel on Outreach and Education (APOE), January 13, 2016
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: This notice announces the new meeting of the Advisory Panel on
Outreach and Education (APOE) (the Panel) in accordance with the
Federal Advisory Committee Act. The Panel advises and makes
recommendations to the Secretary of the U.S. Department of Health and
Human Services (HHS) and the Administrator of the Centers for Medicare
& Medicaid Services (CMS) on opportunities to enhance the effectiveness
of Health Insurance MarketplaceSM,\1\ Medicare, Medicaid,
and Children's Health Insurance Program (CHIP) consumer education
strategies. This meeting is open to the public.
---------------------------------------------------------------------------
\1\ Health Insurance MarketplaceSM and
MarketplaceSM are service marks of the U.S. Department of
Health and Human Services.
DATES: Meeting Date: Wednesday, January 13, 2016 8:30 a.m. to 4 p.m.
Eastern Standard Time (EST).
Deadline for Meeting Registration, Presentations and Comments:
Wednesday, December 30, 2015, 5 p.m., EST.
Deadline for Requesting Special Accommodations: Wednesday, December
30, 2015, 5:00 p.m., e.s.t.
ADDRESSES: Meeting Location: U.S. Department of Health & Human
Services, Hubert H. Humphrey Building, 200 Independence Avenue SW.,
Room 425A, Conference Room, Washington, DC 20201.
Presentations and Written Comments: Presentations and written
comments should be submitted to: Abigail Huffman, Designated Federal
Official (DFO), Division of Forum and Conference Development, Office of
Communications, Centers for Medicare & Medicaid Services, 7500 Security
Boulevard, Mailstop S1-05-06, Baltimore, MD 21244-1850 or via email at
Abigail.Huffman1@cms.hhs.gov.
Registration: The meeting is open to the public, but attendance is
limited to the space available. Persons wishing to attend this meeting
must register at the Web site https://www.regonline.com/apoejan2016meeting or by contacting the DFO as listed in the FOR
FURTHER INFORMATION CONTACT 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
the DFO at the address listed in the ADDRESSES section of this notice
by the date listed in the DATES section of this notice.
FOR FURTHER INFORMATION CONTACT: Abigail Huffman, Designated Federal
Official, Office of Communications, CMS, 7500 Security Boulevard, Mail
Stop S1-05-06, Baltimore, MD 21244, 410-786-0897, email
Abigail.Huffman1@cms.hhs.gov. Additional information about the APOE is
available on the Internet at: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/APOE.html.
[[Page 79044]]
Press inquiries are handled through the CMS Press Office at (202) 690-
6145.
SUPPLEMENTARY INFORMATION:
I. Background
The Advisory Panel for Outreach and Education (APOE) (the Panel) is
governed by the provisions of Federal Advisory Committee Act (FACA)
(Pub. L. 92-463), as amended (5 U.S.C. Appendix 2), which sets forth
standards for the formation and use of federal advisory committees. The
Panel is authorized by section 1114(f) of the Social Security Act (42
U.S.C. 1314(f)) and section 222 of the Public Health Service Act (42
U.S.C. 217a).
The Secretary of the U.S. Department of Health and Human Services
(HHS) (the Secretary) signed the charter establishing the Citizen's
Advisory Panel on Medicare Education \2\ (the predecessor to the APOE)
on January 21, 1999 (64 FR 7899, February 17, 1999) to advise and make
recommendations to the Secretary and the Administrator of the Centers
for Medicare & Medicaid Services (CMS) on the effective implementation
of national Medicare education programs, including with respect to the
Medicare+Choice (M+C) program added by the Balanced Budget Act of 1997
(Pub. L. 105-33).
---------------------------------------------------------------------------
\2\ We note that the Citizen's Advisory Panel on Medicare
Education is also referred to as the Advisory Panel on Medicare
Education (65 FR 4617). The name was updated in the Second Amended
Charter approved on July 24, 2000.
---------------------------------------------------------------------------
The Medicare Modernization Act of 2003 (MMA) (Pub. L. 108-173)
expanded the existing health plan options and benefits available under
the M+C program and renamed it the Medicare Advantage (MA) program. We
have had substantial responsibilities to provide information to
Medicare beneficiaries about the range of health plan options available
and better tools to evaluate these options. The successful MA program
implementation required CMS to consider the views and policy input from
a variety of private sector constituents and to develop a broad range
of public-private partnerships.
In addition, Title I of the MMA authorized the Secretary and the
Administrator of CMS (by delegation) to establish the Medicare
prescription drug benefit. The drug benefit allows beneficiaries to
obtain qualified prescription drug coverage. In order to effectively
administer the MA program and the Medicare prescription drug benefit,
we have substantial responsibilities to provide information to Medicare
beneficiaries about the range of health plan options and benefits
available, and to develop better tools to evaluate these plans and
benefits.
The Affordable Care Act (Patient Protection and Affordable Care
Act, Pub. L. 111-148, and Health Care and Education Reconciliation Act
of 2010, Pub. L. 111-152) expanded the availability of other options
for health care coverage and enacted a number of changes to Medicare as
well as to Medicaid and the Children's Health Insurance Program (CHIP).
Qualified individuals and qualified employers are now able to purchase
private health insurance coverage through competitive marketplaces
called Affordable Insurance Exchanges, or ``Exchanges'' (we also call
an Exchange a Health Insurance MarketplaceSM or
MarketplaceSM). In order to effectively implement and
administer these changes, we must provide information to consumers,
providers, and other stakeholders through education and outreach
programs regarding how existing programs will change and the expanded
range of health coverage options available, including private health
insurance coverage through an Exchange. The APOE (the Panel) allows us
to consider a broad range of views and information from interested
audiences in connection with this effort and to identify opportunities
to enhance the effectiveness of education strategies concerning the
Affordable Care Act.
The scope of this panel also includes advising on issues pertaining
to the education of providers and stakeholders with respect to the
Affordable Care Act and certain provisions of the Health Information
Technology for Economic and Clinical Health (HITECH) Act enacted as
part of the American Recovery and Reinvestment Act of 2009 (ARRA).
On January 21, 2011, the Panel's charter was renewed and the Panel
was renamed the Advisory Panel for Outreach and Education. The Panel's
charter was most recently renewed on January 21, 2015, and will
terminate on January 21, 2017 unless renewed by appropriate action.
Under the current charter, the APOE will advise the Secretary and
the Administrator on optimal strategies for the following:
Developing and implementing education and outreach
programs for individuals enrolled in, or eligible for, Medicare,
Medicaid, and the Children's Health Insurance Program (CHIP), or
coverage available through a Health Insurance MarketplaceSM.
Enhancing the federal government's effectiveness in
informing Health Insurance MarketplaceSM, Medicare,
Medicaid, and CHIP consumers, issuers, providers, and stakeholders,
through education and outreach programs, on issues regarding these
programs, including the appropriate use of public-private partnerships
to leverage the resources of the private sector in educating
beneficiaries, providers, and stakeholders.
Expanding outreach to vulnerable and underserved
communities, including racial and ethnic minorities, in the context of
Health Insurance MarketplaceSM, Medicare, Medicaid, and CHIP
education programs.
Assembling and sharing an information base of ``best
practices'' for helping consumers evaluate health coverage options.
Building and leveraging existing community infrastructures
for information, counseling, and assistance.
Drawing the program link between outreach and education,
promoting consumer understanding of health care coverage choices, and
facilitating consumer selection/enrollment, which in turn support the
overarching goal of improved access to quality care, including
prevention services, envisioned under the Affordable Care Act.
The current members of the Panel are: Kellan Baker, Associate
Director, Center for American Progress; Robert Blancato, President,
Matz, Blancato & Associates; Dale Blasier, Professor of Orthopaedic
Surgery, Department of Orthopaedics, Arkansas Children's Hospital;
Deborah Britt, Executive Director of Community & Public Relations,
Piedmont Fayette Hospital; Deena Chisolm, Associate Professor of
Pediatrics & Public Health, The Ohio State University, Nationwide
Children's Hospital; Josephine DeLeon, Director, Anti-Poverty
Initiatives, Catholic Charities of California; Robert Espinoza, Vice
President of Policy, Paraprofessional Healthcare Institute; Jennifer
Gross, Manager of Political Field Operations, Planned Parenthood of
Montana; Louise Scherer Knight, Director, The Sidney Kimmel
Comprehensive Cancer Center at Johns Hopkins; Miriam Mobley-Smith,
Dean, Chicago State University, College of Pharmacy; Roanne Osborne-
Gaskin, M.D., Senior Medical Director, MDWise, Inc.; Cathy Phan,
Outreach and Education Coordinator, Asian American Health Coalition DBA
HOPE Clinic; Kamila Pickett, Litigation Support, Independent
Contractor; Brendan Riley, Outreach and Enrollment Coordinator, NC
Community Health Center Association; Jeanne Ryer, Director, New
Hampshire Citizens Health Initiative, University of New Hampshire;
Alvia Siddiqi, Medicaid Managed Care
[[Page 79045]]
Community Network (MCCN) Medical Director, Advocate Physician Partners,
Carla Smith, Executive Vice President, Healthcare Information and
Management Systems Society (HIMSS); Tobin Van Ostern, Vice President
and Co-Founder, Young Invincibles Advisors; and Paula Villescaz, Senior
Consultant, Assembly Health Committee.
II. Provisions of This Notice
In accordance with section 10(a) of the FACA, this notice announces
a meeting of the APOE. The agenda for the January 13, 2016 meeting will
include the following:
Welcome and listening session with CMS leadership
Recap of the previous (October 7, 2015) meeting
Affordable Care Act initiatives
An opportunity for public comment
Meeting summary, review of recommendations, and next steps
Individuals or organizations that wish to make a 5-minute oral
presentation on an agenda topic should submit a written copy of the
oral presentation to the DFO at the address listed in the ADDRESSES
section of this notice by the date listed in the DATES section of this
notice. The number of oral presentations may be limited by the time
available. Individuals not wishing to make an oral presentation may
submit written comments to the DFO 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).
Dated: December 10, 2015.
Andrew M. Slavitt,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2015-31861 Filed 12-17-15; 8:45 am]
BILLING CODE 4120-01-P