[Federal Register Volume 65, Number 173 (Wednesday, September 6, 2000)]
[Proposed Rules]
[Page 53963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22702]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 405

[HCFA-6003-N]
RIN 0938-AI49


Medicare Program; Appeals of Carrier Determinations That a 
Physician or Other Supplier Fails To Meet the Requirements for Medicare 
Billing Privileges; Reopening of Comment Period

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Notice of reopening of comment period for proposed rule.

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SUMMARY: We published a proposed rule in the Federal Register on 
October 25, 1999 (64 FR 57431). That proposed rule would affect appeal 
rights for suppliers whose enrollment applications for Medicare billing 
privileges are disallowed by a carrier, or whose Medicare billing 
privileges are revoked. This document reopens and extends the comment 
period for that proposed rule until January 4, 2001.

DATES: The comment period is reopened to 5 p.m. on January 4, 2001.

ADDRESSES: Mail written comments (one original and three copies) to the 
following address ONLY: Health Care Financing Administration, 
Department of Health and Human Services, Attention: HCFA-6003-P, P.O. 
Box 8013, Baltimore, MD 21207-8013.
    Since comments must be received by the date specified above, please 
allow sufficient time for mailed comments to be timely received in the 
event of delivery delays. If you prefer, you may deliver your written 
comments by courier, (one original and three copies) to one of the 
following addresses: Room 443-G, Hubert H. Humphrey Building, 200 
Independence Avenue, SW., Washington, DC 20201, or Room C5-14-03, 
Central Building, 7500 Security Boulevard, Baltimore, MD 21244-1850.
    Comments mailed to the two above addresses may be delayed and 
considered late. Because of staffing and resource limitations, we 
cannot accept comments by facsimile (FAX) transmission. In commenting, 
please refer to file code HCFA-6003-P. Comments received timely will be 
available for public inspection as they are received, generally 
beginning approximately 3 weeks after publication of a document, in 
Room 443-G of the Department's offices at 200 Independence Avenue, SW., 
Washington, DC, on Monday through Friday of each week from 8:30 a.m. to 
5 p.m. (phone: (202) 690-7890).
    For comments that relate to information collection requirements, 
mail a copy of comments to the following: Health Care Financing 
Administration, Office of Information Services, Information Technology 
Investment Management Group, Attn.: John Burke, Room N2-14,26, 7500 
Security Boulevard, Baltimore, MD 21244-1850.
    Office of Information and Regulatory Affairs, Office of Management 
and Budget, Room 10235, New Executive Office Building, Washington, DC 
20503, Attn: Allison Herron Eydt, HCFA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Charles Waldhauser, (410) 786-6140.

SUPPLEMENTARY INFORMATION: On October 25, 1999, we published a proposed 
rule in the Federal Register (64 FR 57431) that would extend appeal 
rights to all physicians and other suppliers whose enrollment 
applications for Medicare billing privileges are disallowed by a 
carrier or whose Medicare billing privileges are revoked. That rule 
would be applicable to all suppliers except for those covered under 
other existing appeals provisions of our regulations. In addition, we 
proposed to revise certain appeal provisions to correspond with the 
existing appeal provisions in those other sections of our regulations. 
We also proposed to extend appeal rights to all suppliers not covered 
by existing regulations to ensure they have a full and fair opportunity 
to be heard. Although we were not required by the Administrative 
Procedure Act to publish that rule as a proposed rule (see 5 U.S.C. 
section 553(b)(3)(A)), we did so in order to allow interested parties 
the opportunity for prior notice and comment.
    Because of the complexity and scope of the proposed rule and 
because representatives of several industry and professional 
associations and organizations requested additional time to analyze the 
potential consequences of the rule, we are reopening and extending the 
comment period until January 4, 2001.
    We are also taking this opportunity to make a minor change to the 
title of the proposed rule. Specifically, we are clarifying that this 
rule would apply to all suppliers, including physicians and other 
practitioners. Although physicians are defined as suppliers at 42 CFR 
400.202, the American Medical Association voiced concern that 
physicians may not be aware that the proposed rule applies to them. In 
an effort to avoid any confusion, we are adding the term ``physicians'' 
to the title of the proposed rule.

    Authority: Secs. 1102, 1842(b)(3)(c), and 1869(b) of the Social 
Security Act (42 U.S.C. 1302, 1395u(b)(3)(c), and 1395ff(b)).

(Catalog of Federal Domestic Assistance No. 93.774, Medicare--
Supplementary Medical Insurance Program)
    Dated: February 14, 2000.
Nancy-Ann Min DeParle,
Administrator, Health Care Financing Administration.
    Dated: March 27, 2000.
Donna E. Shalala,
Secretary.
[FR Doc. 00-22702 Filed 9-5-00; 8:45 am]
BILLING CODE 4120-01-P