[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Rules and Regulations]
[Pages 9326-9327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4441]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-2200-N]


Medicare Program; Request for Nominations for the State 
Pharmaceutical Assistance Transition Commission

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

ACTION: Notice.

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SUMMARY: This notice requests nominations for individuals to serve on 
the State Pharmaceutical Assistance Transition Commission (the 
Commission). The Commission will develop a proposal for addressing the 
unique transitional issues facing State pharmaceutical assistance 
programs and program participants due to the implementation of the 
voluntary prescription drug benefit program under part D of title XVIII 
of the Social Security Act. This Commission will be established in 
accordance with the Federal Advisory Committee Act, 5 U.S.C. appendix 
2. We are preparing the charter and will ask the Secretary to establish 
this Commission.

EFFECTIVE DATE: Nominations will be considered if we receive them at 
the appropriate address, provided below, no later than 5 p.m. on March 
12, 2004, or until the Secretary or designee selects all members of the 
Commission.

ADDRESSES: Mail or deliver nominations to the following address: Marge 
Watchhorn, Centers for Medicare & Medicaid Services, 7500 Security 
Boulevard, Mail stop S2-01-16, Baltimore, MD 21244-1850.

FOR FURTHER INFORMATION CONTACT: Marge Watchhorn, (410) 786-4361. Press 
inquiries are handled through the CMS Press Office at (202) 690-6145.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 106 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (MMA) (Pub. L. 108-173), enacted on December 
8, 2003, grants to the Secretary of the Department of Health and Human 
Services (the Secretary) the authority to establish a State 
Pharmaceutical Assistance Transition Commission (the Commission). The 
Commission's goal is to develop a proposal for addressing the unique 
transitional issues facing State pharmaceutical assistance programs 
(SPAPs) and program participants due to the implementation of the 
voluntary prescription drug benefit program under Part D of title XVIII 
of the Social Security Act (the Act). An SPAP is a program (other than 
the Medicaid program) operated by a State (or under contract with a 
State) that provides financial assistance as of December 8, 2003 to 
Medicare beneficiaries to purchase prescription drugs. Generally, SPAP 
participants are low-income Medicare beneficiaries.

II. Composition of the Commission

    The Commission must include the following:
    1. A representative of each Governor of each State that the 
Secretary identifies as operating, on a statewide basis, an SPAP that 
provides for eligibility and benefits that are comparable to, or more 
generous than, the low-income assistance eligibility and benefits 
offered under section 1860D-14 of the Act. Nominations under this 
category must be made by a State Governor or his designee and 
information must be submitted to demonstrate that the SPAP in the State 
provides a benefit comparable to, or more generous than, the Medicare 
benefit under section 1860D-14 of the

[[Page 9327]]

Act. This determination will be made based on the per capita SPAP 
expenditures for the most recent full year of program operation. 
Nominations must include total SPAP expenditures and the number of 
full-time equivalent SPAP enrollees for the year. The per capita amount 
computed from these data must equal or exceed the actuarial value of 
the benefit under section 1860D-14 of the Act estimated by CMS. (Please 
note that because the CMS actuarial values may not be publicly 
available, this comparison will be done within CMS.) We will assume 
that States not responding to this notice do not believe they would 
meet the criteria for inclusion on the Commission under this paragraph.
    2. Representatives from other States that the Secretary identifies 
have in operation other State pharmaceutical assistance programs, as 
appointed by the Secretary.
    3. Representatives of organizations that have an inherent interest 
in program participants or the program itself, that the Secretary 
appoints but not to exceed the number of representatives in the two 
preceding paragraphs.
    4. Representatives of Medicare Advantage organizations, 
pharmaceutical benefits managers, and other private health insurance 
plans, that the Secretary appoints.
    5. The Secretary (or the Secretary's designee) and any other 
members that the Secretary may specify.
    The Secretary will designate a member to serve as Chair of the 
Commission and the Commission will meet at the call of the Chair.

III. Development of the Proposal

    The Commission must develop the proposal in a manner consistent 
with the following principles:
     Protection of the interests of program participants in a 
manner that is the least disruptive to these participants and that 
includes a single point of contact for enrollment and processing of 
benefits.
     Protection of the financial and flexibility interests of 
States so that States are not financially worse off as a result of the 
enactment of Title I of the MMA, which establishes the voluntary 
prescription drug benefit program under part D.
     Principles of Medicare modernization under the MMA.

IV. Report to Congress

    By January 1, 2005, the Commission must submit to the President and 
the Congress a report that contains a detailed proposal (including 
specific legislative or administrative recommendations, if any) and 
other recommendations as the Commission deems appropriate.

V. Other Information

    The Secretary may provide the Commission with administrative 
support services necessary for the Commission to carry out its 
responsibilities under section 106 of the MMA.
    The Commission terminates 30 days after the date of submission of 
the report to Congress, but no later than January 31, 2005.

VI. Submission of Nominations

    This notice is an invitation to interested organizations or 
individuals to submit their nominations for membership on the 
Commission. Persons submitting nominations must indicate the number of 
the paragraph in section II under which the nomination is being made. 
The Secretary, or his designee, will appoint members to the Commission 
from among those candidates and from those organizations determined to 
have the expertise required to meet specific agency needs, and in a 
manner to ensure an appropriate balance of membership.
    Each nomination must state that the nominee has expressed a 
willingness to serve as a Commission member and must be accompanied by 
a short resume or description of the nominee's experience. In order to 
permit an evaluation of possible sources of conflict of interest, 
potential candidates will be asked to provide detailed information 
concerning such matters as financial holdings, consultancies, and 
research grants or contracts. Self-nominations also will be accepted.

    Authority: Section 106 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003.

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program)

    Dated: February 23, 2004.
Dennis G. Smith,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 04-4441 Filed 2-26-04; 8:45 am]
BILLING CODE 4120-01-P