[Federal Register Volume 69, Number 166 (Friday, August 27, 2004)]
[Notices]
[Pages 52723-52724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19259]



[[Page 52723]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1279-N2]


Medicare Program; Public Meeting of the Program Advisory and 
Oversight Committee (PAOC) for Quality Standards and Competitive 
Acquisition of Certain Durable Medical Equipment, Prosthetics, 
Orthotics, and Supplies (DMEPOS)

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

ACTION: Notice of meeting.

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SUMMARY: This notice announces the date, location, and registration 
requirements for the first public meeting of the Program Advisory and 
Oversight Committee (PAOC) for the competitive acquisition of certain 
durable medical equipment, prosthetics, orthotics, and supplies 
(DMEPOS). The October 6, 2004 meeting will provide a forum for the PAOC 
to consider issues related to competitive bidding for DMEPOS items and 
to furnish advice to the Secretary regarding these issues. Requirements 
for the PAOC are specified by section 302 of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-
173). The public is invited to attend this meeting to observe the 
committee's discussion. While non-committee members attending the 
meeting as interested observers will not have the opportunity to make 
oral comments or presentations, written comments will be accepted.

DATES: The Meeting: The PAOC meeting will take place on Wednesday, 
October 6, 2004, 9 a.m. through 5 p.m.

ADDRESSES: The PAOC meeting will be held in the Centers for Medicare & 
Medicaid Services (CMS) Auditorium. Our address is 7500 Security 
Boulevard, Baltimore, MD 21244.

FOR FURTHER INFORMATION CONTACT: Sean Dalenberg, (410) 786-0300.

SUPPLEMENTARY INFORMATION:

I. Regulatory Background

    On December 8, 2003, the President signed the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Pub. L. 108-173). 
Section 302 of MMA requires the Secretary of the Department of Health 
and Human Services (the Secretary) to replace the current DME payment 
methodology for certain items with a competitive acquisition process to 
improve the effectiveness of Medicare's methodology for setting DME 
payment amounts. The new bidding process will establish payment for 
DME, and drugs and supplies used in conjunction with DME, but excluding 
inhalation drugs and class III devices under the Food, Drug and 
Cosmetic Act. In addition, this new bidding process will establish 
payment for enteral nutrition and off-the-shelf orthotics. Section 302 
of MMA also mandates implementation of an accreditation program and 
development of quality standards for durable medical equipment, 
prosthetics, orthotics, and supplies (DMEPOS). The statute requires the 
Secretary to establish the PAOC. The PAOC is responsible for providing 
advice on the development and implementation of these provisions.
    Specifically, section 302 of the MMA states that the PAOC shall 
provide advice on the following:
     Implementation of the Competitive Acquisition Program.
     Establishment of financial standards for suppliers under 
the program that take into account the needs of small providers.
     Establishment of data collection requirements for the 
efficient management of the program.
     Development of proposals for efficient interaction among 
manufacturers, providers of services, suppliers, and individuals.
     Establishment of the quality standards.
    The PAOC may also perform additional functions specified by the 
Secretary. As specified in section 302(b)(1) of MMA, which amends 
section 1847 of the Act by adding paragraph (c)(4), to specify that the 
provisions of the Federal Advisory Committee Act (5 U.S.C. App.) are 
not applicable for PAOC meetings.
    On June 2, 2004, we published a notice in the Federal Register (69 
FR 31125) entitled ``Request for Nominations for the Program Advisory 
Oversight Committee for the Competitive Acquisition of Durable Medical 
Equipment and Other Items'' requesting nominations from the public for 
committee members. We are currently in the process of reviewing and 
processing these nominations. The names of those selected as PAOC 
members will be posted at http://www.cms.hhs.gov/suppliers/dmepos/compbid. This Web site will also include the agenda for the first PAOC 
meeting. Future dates and locations for PAOC meetings and agendas will 
be made available at the above listed Web site address. The public may 
also register on the list serve at the Web site for future PAOC 
notifications.

II. Registration

    PAOC Registration Procedures: Members of the public interested in 
attending the October 6, 2004 meeting must register in advance by 
either mail or e-mail as indicated below.
    Each registrant must provide the following information: Name; 
company name and address (if applicable); telephone and fax numbers; e-
mail address (if available); and any special needs requirements. 
Because of staff and resource limitations, we cannot accept comments by 
facsimile (FAX) transmission.
    Special Accommodations: Persons attending the PAOC public meeting 
with hearing or visual impairments, special requirements, or a 
condition that requires special assistance or accommodation, must 
provide this information upon registering for the meeting.
    A CMS staff member will confirm your registration by mail, e-mail 
or fax. We recommend that you retain a copy of this confirmation of 
pre-registration to facilitate your entry into the building.
    Registration By Mail: We must receive your registration by mail no 
later than 5 p.m. on September 22, 2004 in order for you to obtain 
access to the building. Please address mailed registrations to Sean 
Dalenberg, Centers for Medicare & Medicaid Services, 7500 Security 
Boulevard, Mail Stop C5-08-27, Baltimore, MD 21244.
    Registration By E-mail: If you wish to register electronically, 
please submit your request to the following e-mail address: 
[email protected]. We must receive your registration no later than 
5 p.m., September 22, 2004.
    For Additional Information: Please contact our recorded Hotline at 
410-786-9379.

III. Submission of Comments

    Written comments from the public addressing topics discussed at the 
meeting must be received by October 13, 2004. Please send your written 
comments to Sean Dalenberg, Centers for Medicare & Medicaid Services, 
7500 Security Boulevard, Mail Stop C5-08-27, Baltimore, MD 21244. A 
summary of the public meeting will be posted at http://www.cms.hhs.gov/suppliers/dmepos/compbid after the meeting.

IV. General Information

    This PAOC public meeting will be held in a Federal government 
building; therefore, Federal security measures are in effect. In 
planning your arrival, we recommend allowing additional time to clear 
security. In order to gain access to the building and grounds, all 
attendees

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must be prepared to provide a government-issued photo identification. 
Access may be denied to persons without proper identification. Security 
measures will also include inspection of vehicles, inside and out, at 
the entrance to the grounds. In addition, all persons entering the 
building must pass through a metal detector. All items brought to CMS, 
including personal items, computers, electronics, and cell phones are 
subject to physical inspection.


    Authority: Section 302 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173).

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

    Dated: August 17, 2004.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 04-19259 Filed 8-26-04; 8:45 am]
BILLING CODE 4120-01-P