[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Pages 57543-57544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15996]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1481-N2]


Medicare Program; Emergency Medical Treatment and Labor Act 
(EMTALA) Technical Advisory Group (TAG) Meeting--November 2-3, 2006

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 
fifth 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 fifth 
meeting is to enable the EMTALA TAG to hear additional testimony and 
further consider written responses from medical societies and other 
organizations on specific issues considered by the TAG at previous 
meetings. 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 Date: The meetings of the EMTALA TAG announced in this 
notice are as follows:
    Thursday, November 2, 2006, 9 a.m. to 5 p.m. EST.
    Friday, November 3, 2006, 9 a.m. to 5 p.m. EST.
    Registration Deadline: All individuals must register in order to 
attend this meeting. Individuals who wish to attend the meeting but do 
not wish to present testimony must register by October 25, 2006. 
Individuals who wish to attend the meeting and to present their 
testimony must register by October 11, 2006 and must submit copies of 
their testimony in writing by October 18, 2006. See Section IV for more 
detailed registration instructions.
    Comment Deadline: Written comments/statements to be presented to 
the EMTALA TAG must be received by October 18, 2006.
    Special Accommodations: Individuals requiring sign-language 
interpretation or other special accommodations should send a request 
for these services to Eric Ruiz by 5 p.m. on October 18, 2006 at the 
address listed below.

ADDRESSES: Meeting Address: The EMTALA TAG meeting will be held in Room 
705A of the Hubert Humphrey Building, 200 Independence Avenue, SW., 
Washington, DC 20001.
    Mailing and E-mail Addresses for Inquiries or Comments: Inquiries 
or comments regarding this meeting may be sent to--Eric Ruiz, 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 e-mailed to [email protected] or 
[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/07_emtalatag.asp).

FOR FURTHER INFORMATION CONTACT: Eric Ruiz 410-786-0247.
    George Morey (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. The Emergency Medical 
Treatment and Labor Act (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 medical conditions, as well as 
necessary stabilizing treatment or appropriate transfer.
    Regulations implementing the EMTALA legislation are set forth at 42 
CFR sections 489.20(l), (m), (q) and (r) and sections 489.24. Section 
945 of the Medicare Prescription Drug, Improvement, and Modernization 
Act of 2003 (MMA) (Pub. L. 108-173), mandates 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--
     Shall review the EMTALA regulations;
     May provide advice and recommendations to the Secretary 
concerning these regulations and their application to hospitals and 
physicians;
     Shall solicit comments and recommendations from hospitals, 
physicians, and the public regarding implementation of such 
regulations; and
     May disseminate information concerning the application of 
these regulations to hospitals, physicians, and the public.
    The EMTALA TAG, as chartered under 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. In

[[Page 57544]]

the August 27, 2004 Federal Register (69 FR 52699), we solicited 
nominations again for members in two categories (patient 
representatives and a State survey agency representative) for which no 
nominations were received in response to the May 28, 2004 Federal 
Register notice. In the March 15, 2005 Federal Register (70 FR 12691), 
we announced the inaugural meeting of the EMTALA TAG and the membership 
selection. In the May 18, 2005 Federal Register (70 FR 28541), the 
September 23, 2005 Federal Register (70 FR 55903), and the April 7, 
2006 Federal Register (71 FR 17888) we announced the second, third, and 
fourth meetings of the EMTALA TAG, respectively, with a purpose to hear 
public testimony and consider written responses from medical societies 
and other organizations on specific issues considered by the EMTALA TAG 
at its previous meetings. The EMTALA TAG has established the following 
three subcommittees:
     On-Call Subcommittee (Chairperson, John Kusske, M.D.) 
charged with reviewing the testimony and other materials provided to 
the TAG to identify some specific issues related to on-call 
requirements.
     Action Subcommittee (Chairperson, Julie Nelson, J.D.) 
charged with identifying issues other than on-call issues.
     Framework Subcommittee (Chairperson, Charlotte Yeh, M.D.) 
charged with clarifying the historical context and conceptual basis for 
the TAG's recommendations and developing a document for review and 
approval by the TAG.

II. Meeting Format, Agenda, and Presentation Topics

A. Meeting Format

    The initial portion of the meeting, which will convene at 9 a.m. on 
November 2, will involve opening remarks, and a limited period of 
public testimony on issues related to EMTALA and its implementation. 
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.

B. Tentative Meeting Agenda

    The tentative agenda for the EMTALA TAG meetings is as follows:
Day 1
    Convenes at 9 a.m.
     Welcome, Call to Order, and Opening Remarks
     Administrative and Housekeeping Issues
     Public Testimony on issues related to EMTALA and its 
implementation
     Subcommitte Reports
     Public Comment.
Day 2
    Convenes at 9 a.m.
     Subcommittee Reports (cont.)
     Public Comment.

C. Public Presentations

    Only individuals who register and submit written testimony as 
specified in the Registration section of this notice will be considered 
registered presenters. The time allotted for each presentation will be 
approximately 5 minutes and will be based on the number of registered 
presenters. Presenters will speak in their assigned order. If 
registered presenters are not given an opportunity to speak because of 
time restrictions, we will accept and present their written testimony 
to the TAG members. Time permitting, comments from other participants 
(individuals who are not registered presenters) may be heard after the 
scheduled testimonies.
    If there are individuals who cannot attend the meeting but wish to 
submit comments/statements regarding issues related to the EMTALA TAG, 
we will accept and present their written comments/statements at the 
meeting if their comments/statements are received by postal mail or 
email at the address listed in the ADDRESSES section of this notice by 
October 18, 2006.

III. Registration Instructions

    The Center for Medicare Management of CMS is coordinating meeting 
registration. While there is no registration fee, all individuals must 
register to attend due to limited seating. As specified in the DATES 
section of this notice, individuals who wish to attend the meeting but 
do not plan to present testimony must register by October 25, 2006. 
Individuals who would like both to attend and to present testimony on 
issues relating to the EMTALA TAG must register by October 11, 2006 and 
must state specifically in their registration request that they wish to 
present testimony for EMTALA TAG consideration. A copy of the 
presenter's written testimony must be received by CMS at the address 
specified in the ADDRESSES section of this notice by October 18, 2006.
    You may register by e-mail to Marianne Myers at 
[email protected], by fax to the attention of Marianne Myers 
at (410) 786-0681, or by telephone at (410) 786-5962. All registration 
requests must include your name, name of the organization (if 
applicable), address, telephone and fax numbers, e-mail address (if 
available). Individuals will receive a registration confirmation with 
instructions for your arrival at the Hubert Humphrey Building. If 
seating capacity has been reached, registrants will be notified that 
the meeting has reached capacity. All registrants are asked to arrive 
at the Hubert 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 such as a driver's 
license or a passport and a copy of your registration information 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 CMS, 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: September 21, 2006.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E6-15996 Filed 9-28-06; 8:45 am]
BILLING CODE 4120-01-P