[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Notices]
[Pages 10455-10456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4907]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-2200-N2]


Medicare Program; Establishment of the State Pharmaceutical 
Assistance Transition Commission

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

ACTION: Notice.

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SUMMARY: This notice announces the establishment of the State 
Pharmaceutical Assistance Transition Commission (the Commission) that 
will develop a proposal for addressing the unique transitional issues 
facing State Pharmaceutical Assistance Programs (SPAP) and SPAP 
participants due to the implementation of the voluntary prescription 
drug benefit program under part D of title XVIII of the Social Security 
Act.
    This notice also announces the signing by the Secretary on March 1, 
2004 of the charter establishing the Commission. The charter will 
terminate 30 days after the date of the submission of the report to 
Congress, but no later than January 31, 2005.

FOR FURTHER INFORMATION CONTACT: Marge Watchorn, Health Insurance 
Specialist, Center for Medicaid and State Operations, Centers for 
Medicare & Medicaid Services, Mail stop S2-01-16, Baltimore, MD 21244-
1850, (410) 786-4361.

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, mandates that the Secretary of the Department of Health and 
Human Services (the Secretary) establish a State Pharmaceutical 
Assistance Transition Commission (the Commission) by March 1, 2004. The 
Commission will develop a proposal for addressing the unique 
transitional issues facing State Pharmaceutical Assistance Programs 
(SPAP) and SPAP 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), as added by section 101 of the MMA.
    The Commission, chartered under section 106 of the MMA, Pub. L. 
108-173, is governed by the provisions of the Federal Advisory 
Committee Act (FACA), 5 U.S.C. Appendix 2, which sets forth standards 
for the formation and use of advisory committees.
    The composition of the Commission must include the following:
     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 and eligibility and 
benefits offered under section 1860D-14 of the Act.
     Representatives from other States that the 
Secretary identifies have in operation other SPAPs, as appointed by the 
Secretary.
     Representatives of organizations that have an 
inherent interest in program participants or the program itself, as 
appointed by the Secretary.
     Representatives of Medicare Advantage 
organizations, pharmaceutical benefit managers, and other private 
health insurance plans, as appointed by the Secretary.
     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.

II. Provisions of the Notice

    This notice announces the signing of the State Pharmaceutical 
Assistance Transition Commission charter by the Secretary on March 1, 
2004. The charter will terminate 30 days after the date of the 
submission of the report to Congress, but no later than January 31, 
2005.

III. Report to Congress

    By no later than January 1, 2005, the Commission shall submit to 
the President and Congress a report that contains a detailed proposal 
(including specific legislative or administrative recommendations, if 
any) and other recommendations as the Commission deems appropriate.

IV. Copies of the Charter

    You may obtain a copy of the charter for the State Pharmaceutical 
Assistance Transition Commission by submitting a request to Marge 
Watchorn, Health Insurance Specialist, Center for

[[Page 10456]]

Medicaid and State Operations, Centers for Medicare & Medicaid 
Services, 7500 Security Boulevard, Mail stop S2-01-16, Baltimore, MD 
21244-1850. (410) 786-4361, or E-Mail the request to 
[email protected].

    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 26, 2004.
Dennis G. Smith,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 04-4907 Filed 3-1-04; 4:54 pm]
BILLING CODE 4120-01-P