[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Pages 28541-28542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9852]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1269-N4]


Medicare Program; Emergency Medical Treatment and Labor Act 
(EMTALA) Technical Advisory Group (TAG) Meeting--June 15, 2005 Through 
June 17, 2005

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

ACTION: Notice of meeting.

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SUMMARY: In accordance with section 10(a) of the Federal Advisory 
Committee Act (FACA) (5 U.S.C. Appendix 2), this notice announces the 
second meeting of the Emergency Medical Treatment and Labor Act 
(EMTALA) Technical Advisory Group (TAG). The purpose of the EMTALA TAG 
is to review regulations affecting hospital and physician 
responsibilities under EMTALA to individuals who come to a hospital 
seeking examination or treatment for medical conditions. The primary 
purpose of the second meeting is to enable the EMTALA TAG to hear 
testimony and consider written responses from medical societies and 
other organizations on specific issues considered by the TAG at its 
initial meeting. However, the public is permitted to attend this 
meeting and, to the extent that time permits and at the discretion of 
the Chairperson, the EMTALA TAG may hear comments from the floor.

DATES: Meeting Dates: The meetings of the EMTALA TAG announced in this 
notice are as follows:

Wednesday, June 15, 2005, 11 a.m. to 5 p.m.
Thursday, June 16, 2005 from 9 a.m. to 5 p.m.
Friday, June 17, 2005 from 9 a.m. to 12 noon.

    Registration and Deadline: You may register by sending an e-mail to 
[email protected], sending a fax to the attention of Ronda Allen at 
fax number (410) 786-0681 or (410) 786-0169, or calling (410) 786-4548. 
To attend this meeting, all individuals must register by June 8, 2005.
    Comment Deadline: Comments to be distributed to the EMTALA TAG may 
be submitted in writing up to three business days following the 
meeting. If anyone wishes to submit written comments, Beverly J. Parker 
must receive the comments by 5 p.m., June 22, 2005 at the address 
listed below.
    Special Accommodations: Individuals requiring sign-language 
interpretation or other special accommodations should send a request 
for these services to Beverley J. Parker by 5 p.m., June 1, 2005 at the 
address listed below.

ADDRESSES: Meeting Address: The EMTALA TAG meeting will be held in Room 
705A at the Hubert H. Humphrey Building, 200 Independence Avenue, SW., 
Washington, DC 20201.
    Mailing and Email Addresses for Inquiries or Comments: Inquiries or 
comments regarding this meeting may be sent to--Beverly J. Parker, 
Division of Acute Care, Centers for Medicare & Medicaid Services, Mail 
Stop C4-08-06, 7500 Security Boulevard, Baltimore, MD 21244-1850. 
Inquiries or comments may also be emailed to [email protected].
    Web Site Address for Additional Information: For additional 
information on the EMTALA TAG meeting agenda topics, updated 
activities, and to obtain Charter copies, please search our Internet 
Web site at: http://www.cms.hhs.gov/faca/emtalatag/emtalatagpage.asp.

FOR FURTHER INFORMATION CONTACT: Beverly J. Parker at (410) 786-5320 or 
George Morey at (410) 786-4653. Press inquiries are handled through the 
CMS Press Office at (202) 690-6145.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 1866(a)(1)(I), 1866(a)(1)(N), and 1867 of the Social 
Security Act (the Act) impose specific obligations on Medicare-
participating hospitals that offer emergency services. These 
obligations concern individuals who come to a hospital emergency 
department and request or have a request made on their behalf for 
examination or treatment for a medical condition. EMTALA applies to all 
these individuals, regardless of whether or not they are beneficiaries 
of any program under the Act. Section 1867 of the Act sets forth 
requirements for medical screening examinations for emergency medical 
conditions, as well as necessary stabilizing treatment or appropriate 
transfer.
    Regulations implementing the EMTALA legislation are set forth at 42 
CFR 489.20(l), (m), (q) and (r)(1), (r)(2), (r)(3), and 489.24. Section 
945 of the Medicare Prescription Drug, Improvement, and Modernization 
Act of 2003 (MMA) (Pub. L. 108-173), requires that the Secretary 
establish a Technical Advisory Group (TAG) for advice concerning issues 
related to EMTALA regulations and implementation.
    Section 945 of the MMA specifies that the EMTALA TAG--
     Review the EMTALA regulations;
     Provide advice and recommendations to the Secretary 
concerning these regulations and their application to hospitals and 
physicians;
     Solicit comments and recommendations from hospitals, 
physicians, and the public regarding implementation of these 
regulations; and
     Disseminate information concerning the application of 
these regulations to hospitals, physicians, and the public.
    The EMTALA TAG, as chartered under the legal authority of section 
945 of the MMA, is also governed by the provisions of the Federal 
Advisory Committee Act (FACA) (5 U.S.C. Appendix 2) for the selection 
of members and the conduct of all meetings.
    In the May 28, 2004 Federal Register (69 FR 30654), we specified 
the statutory requirements regarding the charter, general 
responsibilities, and structure of the EMTALA TAG. That notice also 
solicited nominations for members based on the statutory requirements 
for the EMTALA TAG. We received no nominations. In the August 27, 2004 
Federal Register (69 FR 52699), we again solicited nominations for 
members in two categories (patient representatives and a State survey 
agency representative.) In the March 15, 2005 Federal Register (70 FR 
12691), we announced the inaugural meeting of the EMTALA TAG and the 
membership selection.

II. Meeting Format, Agenda, and Suggested Presentation Topics

A. Meeting Format

    The initial portion of the meeting (convening at 11 a.m. on June 
15) will involve opening remarks and presentations by CMS staff, as 
requested by the TAG, followed by testimony from representatives of 
organizations invited to present information on specific topics. TAG 
members will have the opportunity to ask questions, prioritize the 
topics presented, and to conduct other necessary business. At the 
conclusion of each day's meeting, to the extent that time is available 
and at the discretion of the Chairperson, the public will be permitted 
a reasonable time to comment on issues being considered by the TAG.

[[Page 28542]]

B. Tentative Meeting Agenda

    The tentative agenda for the EMTALA TAG meetings is as follows:
Day 1
Convenes at 11 a.m.
Welcome, call to order, and opening remarks
     Administrative and housekeeping issues
     CMS staff presentations on EMTALA
    Presentations by invited organizations concerning:
     On-call/transfer issues
     Nurse-midwife responsibilities under EMTALA
     Public comment
Adjourns at 5 p.m.
Day 2
Convenes at 9 a.m.
Presentations by invited organizations (cont'd)
     Subcommittee reports
     Discussion of current business
     Public comment
Adjourns at 5 p.m.
Day 3
Convenes at 9 a.m.
Discussion of current business (cont'd)
Adjourns at 12 noon

III. Registration Instructions

    While there is no registration fee, individuals must register to 
attend. As specified in the DATES section of this notice, individuals 
who wish to attend the meeting must register by June 8, 2005. You may 
register by sending an e-mail to [email protected], sending a fax 
to the attention of Ronda Allen at fax number (410) 786-0681 or (410) 
786-0169, or calling (410) 786-4548. All registration requests must 
include your name, name of the organization (if applicable), address, 
telephone and fax numbers, e-mail address (if available). You will 
receive a registration confirmation with instructions for your arrival 
at the Hubert H. Humphrey Building. If seating capacity has been 
reached, you will be notified that the meeting has reached capacity. 
All registrants are asked to arrive at the Humphrey Building no later 
than 20 minutes before the scheduled starting time of each meeting 
session they wish to attend.

IV. Security Information

    Since this meeting will be held in a Federal government building, 
Federal security measures are applicable. As noted above, in planning 
your arrival time, we recommend allowing additional time to clear 
security. In order to gain access to the building, participants must 
bring a government-issued photo identification (for instance, a 
driver's license or passport) and a copy of your confirmation of 
registration for the meeting. Access may be denied to persons without 
proper identification.
    All persons entering the building must pass through a metal 
detector. In addition, all items brought to the building, whether 
personal, or for the purpose of demonstration, or to support a 
presentation are subject to inspection. We cannot assume responsibility 
for coordinating the receipt, transfer, transport, storage, set-up, 
safety, or timely arrival of any personal belongings or items used for 
demonstration or to support a presentation.

    Authority: Section 945 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (MMA).

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: May 10, 2005.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 05-9852 Filed 5-17-05; 8:45 am]
BILLING CODE 4120-01-P