[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Proposed Rules]
[Pages 48839-48840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18614]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Chapter IV

[CMS-6012-N2]
RIN 0938-AL13


Medicare Program; Establishment of the Negotiated Rulemaking 
Committee on Special Payment Provisions and Requirements for 
Prosthetics and Certain Custom-Fabricated Orthotics; Meeting 
Announcement

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice of meetings.

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SUMMARY: This notice announces the establishment of the Negotiated 
Rulemaking Committee on Special Payment Provisions and Requirements for 
Prosthetics and Certain Custom-Fabricated Orthotics. On June 17, 2002, 
the Secretary signed the charter that established the committee.
    The purpose of this committee is to advise us on developing a 
proposed rule that would establish special payment provisions and 
requirements for suppliers of prosthetics and certain custom-fabricated 
orthotics under the Medicare program. The committee consists of 
representatives of interested parties that are likely to be 
significantly affected by the proposed rule.
    This notice also announces the dates and locations for the first 
and second meetings in accordance with section 10(a) of the Federal 
Advisory Committee Act. These meetings are open to the public.

DATES: The first meeting of the advisory committee is scheduled for 
October 1 through October 3, 2002 from 9 a.m. until 5 p.m. e.s.t. The 
second meeting is scheduled for October 29 through October 31, 2002 
from 9 a.m. until 5 p.m. e.s.t. Subsequent meetings will be announced 
in the Federal Register.

ADDRESSES: Both meetings will be held at the Hilton Pikesville at 1726 
Reisterstown Road, Baltimore, MD 21208 (Telephone 410-653-1100). 
Subsequent meetings will be held at locations to be announced.

FOR FURTHER INFORMATION CONTACT: Kathryn Cox, 410-786-5954 (General 
inquiries concerning prosthetics and custom-fabricated orthotics and 
additional meeting information), Centers for Medicare & Medicaid 
Services (CMS), 7500 Security Blvd, Baltimore MD 21244; or Lynn 
Sylvester, 202-606-9140, Federal Mediation and Conciliation Services, 
2100 K Street, NW., Washington, DC 20427; or Ira Lobel, 518-431-0130, 
Federal Mediation and Conciliation Services, 1 Clinton Square, Room 
952, Albany, NY 12207.

SUPPLEMENTARY INFORMATION:

Background

    Section 427 of the Medicare, Medicaid, and SCHIP Benefits 
Improvement and Protection Act of 2000 (BIPA) (Pub.L. 106-554, enacted 
on December 21, 2000) mandated the establishment of a negotiated 
rulemaking committee in accordance with the Negotiated Rulemaking Act 
of 1990, 5 U.S.C. 561-570. The purpose of the committee is to advise us 
on the content of a proposed rule regarding the special payment 
provisions and requirements set forth in section 427 of BIPA for 
prosthetics and certain custom-fabricated orthotics. The committee will 
also establish an initial list of those custom-fabricated orthotic 
items that will be subject to the new rulemaking. No item may be 
included on the list unless the item is individually fabricated for the 
patient using a positive model of the patient.
    Through the use of face-to-face negotiations, the committee will 
attempt

[[Page 48840]]

to reach consensus on the substance of the proposed rule. If consensus 
is reached, the committee will transmit to us a report containing 
required information for developing a proposed rule and we will use the 
report as the basis for the proposed rule. The committee is responsible 
for identifying the key issues, gauging their importance, analyzing the 
information necessary to resolve the issues, arriving at a consensus, 
and recommending the text and content of the proposed regulation.

Facilitators

    We will be using the services of facilitators from the Federal 
Mediation and Conciliation Services, specifically, Commissioner Lynn 
Sylvester and Commissioner Ira B. Lobel.

Agendas for the Public Meetings

    At the initial 3-day meeting on October 1-3, 2002, the facilitators 
will offer an overview of the negotiated rulemaking process, the 
obligations of committee members, and the substantive issues to be 
resolved by the committee. The facilitators will conduct a brief 
training session on negotiation techniques.
    The facilitators will propose ground rules for the negotiation 
committee. These are the procedural rules that the committee will adopt 
at its first meeting. The facilitators will distribute proposed ground 
rules, which will address, among other things--
    1. The composition of the Committee,
    2. The use of alternates;
    3. The definition of consensus;
    4. The procedures for public participation;
    5. Preparation of meeting minutes; and
    6. The essential commitment of the members to attend the meetings 
and participate meaningfully.
    The proposed ground rules will emphasize the importance of the 
members' communication with their constituencies, including keeping 
them abreast of the negotiations. The proposed ground rules will also 
address ``bargaining'' in good faith to reach consensus.
    At the October 29 through October 31 meeting, the committee will 
begin to discuss the following issues:
     What and who should be covered by the rule?
     How and by whom will practitioners be certified, 
credentialed, or licensed?
     What are the special needs that must be addressed, such as 
dealing with rural areas?
     How will the program be implemented?
    This list of issues is preliminary in nature and will serve as the 
basis to begin the negotiations.

Public Participation

    All interested parties are invited to attend both public meetings. 
No advance registration is required. Seating will be available on a 
first-come, first-served basis.
    Interested parties may comment on the proposed meeting agendas, 
submit written statements to the Committee regarding substantive 
issues, and request an opportunity to make a 5-minute oral presentation 
to the Committee. The Committee has the authority to decide to what 
extent oral presentations by members of the public may be permitted at 
the meeting. Oral presentations will be limited to statements of fact 
and views, and shall not include any questioning of the committee 
members or other participants unless the facilitators have specifically 
approved these questions. The number of oral presentations may be 
limited by the time available.
    The deadline for submitting oral presentation requests and comments 
on the proposed agenda for the October 1 through 3 meeting is 12 noon 
on September 3, 2002. The deadline for submitting such requests and 
comments regarding the October 29 through October 31 meeting is 12 noon 
on October 1, 2002. To assure distribution of written statements to the 
Committee members before a particular meeting, we encourage interested 
parties to submit all such statements by the relevant deadline for oral 
presentation requests and agenda comments. Agenda comments, oral 
presentation requests, and substantive written statements may be mailed 
to the following address: Federal Mediation and Conciliation Services, 
2100 K Street, NW., Washington, DC 20427, Attention: Lynn Sylvester, or 
call Lynn Sylvester at (202) 606-9140.
    Individuals requiring sign language interpretation for the hearing 
impaired or other special accommodations should contact Kathryn Cox at 
the e-mail address specified above or call (410) 786-5954 at least 10 
days before the meeting.

Meetings

    Subsequent meetings will be held as necessary, although we 
anticipate that a minimum of six meetings (one meeting per month 
consisting of 2 or 3 day sessions) will be held. The committee will 
decide on the dates for the remaining meetings. We will publish notices 
of future meetings in the Federal Register. All future meetings will be 
open to the public without advance registration.

    Authority: Federal Advisory Committee Act (5 U.S.C. App. 2).


(Catalog of Federal Domestic Assistance Program No. 93.774, 
Medicare--Supplementary Medical Insurance Program)

    Dated: July 15, 2002.
Thomas A. Scully,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 02-18614 Filed 7-25-02; 8:45 am]
BILLING CODE 4120-01-P