[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Notices]
[Pages 48257-48259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17398]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-1755-N]
Medicare Program; Announcement of the Advisory Panel on Hospital
Outpatient Payment Meeting
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of meeting.
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SUMMARY: This notice announces a virtual meeting of the Advisory Panel
on Hospital Outpatient Payment (the Panel) for 2020. In addition, this
notice announces four new membership appointments to the Panel. The
purpose of the Panel is to advise the Secretary of the Department of
Health and Human Services and the Administrator of the Centers for
Medicare & Medicaid Services concerning the clinical integrity of the
Ambulatory Payment Classification groups and their associated weights,
and supervision of hospital outpatient therapeutic services. The advice
provided by the Panel will be considered as we prepare the annual
updates for the hospital outpatient prospective payment system.
DATES: Meeting date: The virtual meeting of the Panel is scheduled for
Monday, August 31, 2020, from 9:30 a.m. to 5 p.m. Eastern Daylight Time
(EDT). The times listed in this notice are EDT and are approximate
times. Consequently, the meetings may last longer or be shorter than
the times listed in this notice, but will not begin before the posted
times:
Deadline for presentations and comment letters: Presentations or
comment letters, and form CMS-20017 (located at http://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/downloads/cms20017.pdf), must be received
by 5 p.m. EDT, Friday, August 14, 2020.
Please note that form CMS-20017 must accompany each presentation or
comment letter submission. Presentations and comment letters that are
not received by the due date and time, or that do not include a
completed form CMS-20017 are considered late or incomplete, and cannot
be included on the agenda. In commenting, refer to file code CMS-1755-
N.
Meeting Registration Timeframe: All presentation or comment letter
speakers, including any alternates, with items on the agenda must
register electronically to our Panel mailbox, [email protected] no
later than 5pm EDT, Friday, August 14, 2020.
The subject of the email should state ``Agenda Speaker Registration
for HOP Panel Meeting.'' In the email, all of the following information
must be submitted when registering:
Speaker name.
Speaker's organization or company name.
Company or organization that the speaker is representing
that submitted a presentation or comment letter that is on the agenda.
Email addresses to which materials regarding meeting
registration and instructions on connecting to the meeting should be
sent.
Registration details may not be revised once they are
submitted. If registration details require changes, a new registration
entry must be submitted by August 14, 2020. In addition, registration
information must reflect individual-level content and not reflect an
organization entry. Also, each individual may only register one person
at a time. That is, one individual may not register multiple
individuals at the same time.
A confirmation email will be sent upon receipt of the
registration. The email will provide information to the speaker in
preparation for the meeting.
Registration is only required for agenda speakers and
alternates and must be submitted by the deadline specified above. We
note that no registration is required for participants who plan to view
the Panel meeting via webinar or listen via teleconference.
ADDRESSES: Meeting location and webinar: The meeting will be held
virtually. The public may participate in this meeting via webinar, or
listen-only via teleconference. Closed captioning will be available on
the webinar. Teleconference dial-in and webinar information will appear
on the final meeting agenda, which will be posted on our website when
available at: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.
News media: Press inquiries are handled through the CMS Press
Office at (202) 690-6145.
[[Page 48258]]
Advisory committees information line: The telephone number for the
Advisory Panel on Hospital Outpatient Payment Committee Hotline is
(410) 786-3985.
Websites: For additional information on the Panel, including the
Panel charter, and updates to the Panel's activities, we refer readers
to view our website at: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.
Information about the Panel and its membership in the Federal Advisory
Committee Act database are also located at: https://www.facadatabase.gov.
FOR FURTHER INFORMATION CONTACT: Elise Barringer, Designated Federal
Official (DFO) (410) 786-9222, email at [email protected]. Centers
for Medicare & Medicaid Services, 7500 Security Boulevard, Mail Stop:
C4-04-25, Baltimore, MD 21244-1850.
SUPPLEMENTARY INFORMATION:
I. Background
The Secretary of the Department of Health and Human Services (the
Secretary) is required by section 1833(t)(9)(A) of the Social Security
Act and is allowed by section 222 of the Public Health Service Act to
consult with an expert outside panel, such as the Advisory Panel on
Hospital Outpatient Payment (the Panel), regarding the clinical
integrity of the Ambulatory Payment Classification (APC) groups and
relative payment weights. The Panel is governed by the provisions of
the Federal Advisory Committee Act (Pub. L. 92-463), as amended (5
U.S.C. Appendix 2), to set forth standards for the formation and use of
advisory panels. We consider the technical advice provided by the Panel
as we prepare the proposed and final rules to update the Hospital
Outpatient Prospective Payment System (OPPS) for the following calendar
year.
II. Meeting Agenda
The agenda for the August 31, 2020 Panel meeting will provide for
discussion and comment on the following topics as designated in the
Panel's Charter:
Addressing whether procedures within an APC group are
similar both clinically and in terms of resource use.
Reconfiguring APCs.
Evaluating APC group weights.
Reviewing packaging the cost of items and services,
including drugs and devices, into procedures and services, including
the methodology for packaging and the impact of packaging the cost of
those items and services on APC group structure and payment. Removing
procedures from the inpatient list for payment under the OPPS.
Using claims and cost report data for Centers for Medicare
& Medicaid Services (CMS) determination of APC group costs.
Addressing other technical issues concerning APC group
structure.
Evaluating the required level of supervision for hospital
outpatient services.
OPPS APC rates for covered Ambulatory Surgical Center
(ASC) procedures.
The Agenda will be posted on our website at: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.html approximately
1 week before the meeting.
Meeting Information Updates
The actual meeting hours and days will be posted in the agenda. As
information and updates regarding this webinar and listen-only
teleconference, including the agenda, become available, they will be
posted to our website at: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.
III. Presentations and Comment Letters
The subject matter of any presentation and comment letter must be
within the scope of the Panel designated in the Charter. Any
presentations or comments outside of the scope of the Panel will be
returned or requested for amendment. Unrelated topics include, but are
not limited to; the conversion factor, charge compression, revisions to
the cost report, pass-through payments, correct coding, new technology
applications (including supporting information/documentation), provider
payment adjustments, supervision of hospital outpatient diagnostic
services, and the types of practitioners that are permitted to
supervise hospital outpatient services. The Panel may not recommend
that services be designated as nonsurgical extended duration
therapeutic services. Presentations or Comment Letters that address
OPPS APC rates as they relate to covered ASC procedures are within the
scope of the panel, however, ASC payment rates, ASC payment indicators,
the ASC covered procedures list, or other ASC payment system matters
will be considered out of scope.
The Panel may use data collected or developed by entities and
organizations other than Department of Health and Human Services and
CMS in conducting its review. We recommend organizations submit data
for CMS staff and the Panel's review.
All presentations are limited to 5 minutes, regardless of the
number of individuals or organizations represented by a single
presentation. Presenters may use their 5 minutes to represent either
one or more agenda items.
Section 508 Compliance
For this meeting, we are aiming to have all presentations and
comment letters available on our website. Materials on our website must
be Section 508 compliant to ensure access to federal employees and
members of the public with and without disabilities. We encourage
presenters and commenters to reference the guidance on making documents
section 508 compliant as they draft their submissions, and, whenever
possible, to submit their presentations and comment letters in a 508
compliant form. Such guidance is available at: http://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/Section508/508-Compliant-doc.html. We will review presentations and
comment letters for 508 compliance and place compliant materials on our
website. As resources permit, we will also convert non-compliant
submissions to 508 compliant forms and offer assistance to submitters
who are making their submissions 508 compliant. All 508 compliant
presentations and comment letters will be made available on the CMS
website. If difficulties are encountered accessing the materials,
please contact the Designated Federal Official (DFO) (the DFO's
address, email, and phone number are provided in the FOR FURTHER
INFORMATION CONTACT section of this notice).
In order to consider presentations and/or comment letters, we will
need to receive the following:
1. An email copy of the presentation or comment letters sent to the
DFO mailbox, [email protected].
2. Form CMS-20017 with complete contact information that includes
name, address, phone number, and email addresses for all presenters,
comment letters, and a contact person who can answer any questions, and
provide revisions that are requested, for the presentation or comment
letter. Presenters and commenter letters must clearly explain the
actions that they are requesting CMS to take in the appropriate section
of the form. A presenter or commenter's relationship with the
organization that they represent must also be clearly listed.
[[Page 48259]]
The form is available through the CMS Forms website at:
https://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/downloads/cms20017.pdf.
We encourage submitters to make efforts to ensure that
their presentations and comment letters are 508 compliant.
IV. Formal Presentations
In addition to formal presentations (limited to 5 minutes total per
presentation), there will be an opportunity during the meeting for
public comments as time permits (limited to 1 minute for each
individual and a total of 3 minutes per organization).
V. Panel Recommendations and Discussions
The Panel's recommendations at any Panel meeting generally are not
final until they have been reviewed and approved by the Panel on the
last day of the meeting, before the final adjournment. These
recommendations will be posted to our website after the meeting.
VI. Membership Appointments to the Advisory Panel on Hospital
Outpatient Payment
The Panel Charter provides that the Panel shall meet up to 3 times
annually. We consider the technical advice provided by the Panel as we
prepare the proposed and final rules to update the OPPS for the
following calendar year.
The Panel shall consist of a chair and up to 15 members who are
full-time employees of hospitals, hospital systems, or other Medicare
providers that are subject to the OPPS. The panel may also include a
representative of the provider with ASC expertise, who shall advise CMS
only on OPPS APC rates, as appropriate, impacting ASC covered
procedures within the context and purview of the panel's scope. The
Secretary or a designee selects the Panel membership based upon either
self-nominations or nominations submitted by Medicare providers and
other interested organizations of candidates determined to have the
required expertise. For supervision deliberations, the Panel shall also
include members that represent the interests of Critical Access
Hospitals, who advice CMS only regarding the level of supervision for
hospital outpatient therapeutic services. New appointments are made in
a manner that ensures a balanced membership under the Federal Advisory
Committee Act guidelines.
This notice also announces four new membership appointments to the
Panel. The four new members will each serve a 4-year period, with terms
that begin in Calendar Year (CY) 2020 and end in CY 2024. The Secretary
rechartered the Panel in 2018 for a 2-year period effective through
November 20, 2020. The current charter is available on the CMS website
at: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/Downloads/2018-HOP-Panel-Charter.pdf. The Panel presently consists of
members and a Chair named below. The panel members whose names are
annotated with a single asterisk (*) are members that had terms that
otherwise would have expired but are continuing to serve temporarily in
accordance with the charter while we search for new members. The panel
members whose names are annotated with a double asterisk (**) are new
members and have a 4 year term beginning on July 16, 2020 and
continuing through July 15, 2024.
E.L. Hambrick, M.D., J.D., CMS Chairperson
Terry Bohlke, C.P.A., C.M.A, M.H.A., C.A.S.C
Carmen Cooper-Oguz, P.T., D.P.T, M.B.A, C.W.S, W.C.C
Paul Courtney, M.D.
Peter Duffy, M.D.
Shelly Dunham, R.N. (*)
Lisa Gangarosa, M.D.
Erika Hardy, R.H.I.A., C.D.I.P, C.C.S. (*)
Michael Kuettel, M.D., M.B.A, Ph.D.
Karen A. Lambert (*)
Scott Manaker, M.D., Ph.D.**
Brian Nester, D.O., M.B.A. **
Bo Gately, M.B.A. **
Matthew Wheatley, M.D., F.A.C.E.P. **
VII. Provisions of the Notice
We published a notice in the Federal Register on January 26, 2018,
entitled ``Medicare Program; Request for Nominations to the Advisory
Panel on Hospital Outpatient Payment'' (83 FR 3715). The notice
solicited nominations for the Panel members on a continuous basis to
fill the vacancies on the Panel. As published in this notice, CMS is
accepting nominations on a continuous basis and encourages additional
submissions. Any interested person or organization may nominate
qualified individuals. Self-nominations from qualified individuals are
also accepted. Additional information including criteria for nominees
as well as submission requirements are available in the notice, which
is accessible from the CMS website at: https://www.govinfo.gov/content/pkg/FR-2018-01-26/pdf/2018-01474.pdf.
VIII. Collection of Information Requirements
This document does not impose information collection requirements,
that is, reporting, recordkeeping, or third-party disclosure
requirements. Consequently, there is no need for review by the Office
of Management and Budget under the authority of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Administrator of the Centers for Medicare & Medicaid Services
(CMS), Seema Verma, having reviewed and approved this document,
authorizes Lynette Wilson, who is the Federal Register Liaison, to
electronically sign this document for purposes of publication in the
Federal Register.
Dated: August 4, 2020.
Lynette Wilson,
Federal Register Liaison, Department of Health and Human Services.
[FR Doc. 2020-17398 Filed 8-5-20; 4:15 pm]
BILLING CODE 4120-01-P