[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Notices]
[Pages 57363-57364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23159]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1419-N]


Medicare Program; Request for Nominations for the Program 
Advisory and Oversight Committee for the Competitive Acquisition of 
Durable Medical Equipment and Other Items

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice solicits nominations for individuals to serve on 
the Program Advisory and Oversight Committee (PAOC) that will advise 
the Secretary of Health and Human Services on the competitive 
acquisition of durable medical equipment and certain other items and 
services under the Medicare program. Section 1847(c) of the Social 
Security Act requires the Secretary of the Department of Health and 
Human Services (Secretary) to establish the PAOC. In addition, section 
1847(c)(4) exempts the PAOC from the Federal Advisory Committee Act, 5 
U.S.C., appendix 2.

DATES: Nominations will be considered if we receive all of the required 
information no later than 5 p.m., November 3, 2008.

ADDRESSES: Mail or deliver nominations to the following address: 
Division of DMEPOS Policy, Mail stop C5-08-17, Centers for Medicare & 
Medicaid Services, 7500 Security Boulevard, Baltimore MD, 21244-1850. 
Attention: Ralph Goldberg or Gina Longus. Nominations may also be e-
mailed to [email protected] or [email protected].

[[Page 57364]]


FOR FURTHER INFORMATION CONTACT: Ralph Goldberg, (410) 786-4870 or Gina 
Longus, (410) 786-1287. Press inquiries are handled through the CMS 
Press Office at (202) 690-6145.

SUPPLEMENTARY INFORMATION:

I. Background

    Payment for durable medical equipment (DME) is currently based on 
fee schedule amounts established using reasonable charge data from 
earlier years. Section 1847 of the Social Security Act (the Act) 
requires the Secretary to replace the current DME payment methodology 
for certain items with a competitive bidding process to improve the 
effectiveness of Medicare's methodology for setting DME payment 
amounts. This bidding process will establish payment for certain 
durable medical equipment, enteral nutrition, prosthetics, and off-the-
shelf orthotics. In addition, section 1847(c) of the Act requires the 
Secretary to establish a Program Advisory and Oversight Committee 
(PAOC) to provide advice on the development and implementation of the 
program.
    We established a PAOC pursuant to this statutory mandate, and the 
PAOC has provided advice in the development and implementation of the 
program to date. On July 15, 2008, Congress passed the Medicare 
Improvements for Patients and Providers Act of 2008 (MIPPA). Section 
154 of MIPPA delays competition for Rounds 1 and 2 of the competitive 
bidding program and requires certain modifications to the program. 
Section 154(c)(2)(A) of MIPPA delays the termination date for the PAOC 
from December 31, 2009 to December 31, 2011.
    The PAOC committee continues to have an important role in the 
implementation of the competitive bidding program. The PAOC members 
will need to review the previous bidding process and consider all of 
the MIPPA changes. Due to the length of the MIPPA delay and these 
additional duties, we have decided to end the term of service for the 
initial PAOC members and solicit nominees to serve for the next phase 
of the program.

II. Goals, General Responsibilities, and Composition of the Program 
Advisory and Oversight Committee (PAOC)

A. Goals and General Responsibilities

    Section 1847(c)(3) of the Act requires the PAOC to provide advice 
to the Secretary on the following:
     The implementation of the program.
     The establishment of financial standards, taking into 
account the needs of small providers.
     The establishment of requirements for collection of data 
for the efficient management of the program.
     The development of proposals for efficient interaction 
among manufacturers, providers of services, suppliers, and individuals.
     The establishment of quality standards.
    Section 1847(c)(3)(B) of the Act requires the PAOC to perform 
additional functions to assist the Secretary in implementing the 
program as the Secretary may specify. In accordance with section 
1847(c)(5) of the Act, as amended by section 154 of MIPPA, the 
Committee will terminate on December 31, 2011. Committee meetings are 
expected to occur on an ad hoc basis. Committee meetings will be held 
in the Baltimore/Washington DC area. (We will reimburse travel 
expenses, which will be based on government per diem rates and travel 
policy.)

B. Composition of the Program Advisory and Oversight Committee

    We have particular interest in individuals with expertise in DME, 
prosthetics, orthotics, or supplies (DMEPOS) and competitive bidding, 
as well as experience in furnishing services and items in the rural and 
the urban marketplace. The PAOC will be composed of 10 to 12 members 
from the following broad representation:
     Beneficiary/consumer representatives.
     Physicians and other practitioners.
     Suppliers.
     Professional standards organizations.
     Financial standards specialists (that is, economist/CPA).
     Association representatives.
     Other. (If you believe that representatives of other 
specialties or with other skills should be included on the committee, 
you may indicate the category or respective categories and you may 
nominate an individual for that category.)

III. Submission of Nominations

    This notice is requesting nominations for membership on the PAOC. 
The Secretary will consider qualified individuals who are determined to 
have the expertise required to meet specific agency needs and who will 
ensure an appropriate balance of membership. Nominations may be made 
for one or more qualified individuals, and self-nominations will also 
be accepted. Each nomination must include the following:
    1. A letter of nomination that includes both of the following:
    a. Contact information for both the nominator and nominee (if not 
the same).
    b. The category, as specified in section II.B. of this notice for 
which the nomination is being made (for example, suppliers or 
association representatives).
    2. A curriculum vitae or resume of the nominee that includes a 
statement of the nominee's current professional responsibilities (not 
to exceed five pages).
    3. A statement that the nominee is willing to serve on the 
committee for its duration (that is, until December 31, 2011). This 
statement should also include a discussion of the nominee's relevant 
experience (not to exceed three pages). (For self-nominations, this 
information may be included in the nomination letter.)

    Authority: Section 1847(c) of the Social Security Act.

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

    Dated: September 25, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare & Medicaid Services.
 [FR Doc. E8-23159 Filed 10-1-08; 8:45 am]
BILLING CODE 4120-01-P