[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43868-43870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15623]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1778-N]


Medicare Program; Announcement of the Advisory Panel on Hospital 
Outpatient Payment Meeting--August 22-23, 2022

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 Calendar Year 2022. 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, 
which are major elements of the Medicare Hospital Outpatient 
Prospective Payment System (OPPS) and the Ambulatory Surgical Center 
(ASC) payment system; and supervision of hospital outpatient 
therapeutic services. The advice provided by the Panel will be 
considered as we prepare the annual update for the OPPS.

DATES: 
    Meeting Dates: The virtual meeting of the Panel is scheduled for 
Monday, August 22, 2022 from 9:30 a.m. to 5:00 p.m. Eastern Daylight 
Time (EDT) and Tuesday, August 23, 2002 from 9:30 a.m. to 5:00 p.m. 
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 time.
    Deadline for presentations and comments: Presentations or comment 
letters must be received by 5:00 p.m. EDT on Friday, August 05, 2022. 
Presentations or comment letters must be submitted through the 
``Hospital Outpatient Payment (HOP) Panel Meeting Presentation & 
Comment Letters'' module. To access the module, go to https://mearis.cms.gov to register/log in, and submit your presentation or 
comment letter. CMS can only accept HOP Panel Meeting presentations and 
comment letters that are submitted via MEARIS\TM\. We note that with 
the submissions in MEARIS, CMS no longer requires the completion or 
submission of form CMS-20017 as part of the presentation or comment 
letter package. Submitters do not need to complete this form.
    Presentations and comment letters that are not received by the due 
date and time will be considered late or incomplete and will not be 
included on the agenda.
    Presentations and comment letters may not be revised once they are 
submitted. If a presentation or comment letter requires changes, a new 
submittal must be submitted by August 05, 2022.

ADDRESSES: 
    Virtual meeting location and webinar: 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.
    Advisory committee 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 located at: https://www.facadatabase.gov.
    Virtual meeting registration: While there is no meeting 
registration, presenters must be identified and included as part of the 
MEARISTM presentation submission process by the deadline 
specified above. We note that no advanced registration is required for 
participants who plan to view the Panel meeting via webinar, listen via 
teleconference, or may wish to make a public comment during the 
meeting.

FOR FURTHER INFORMATION CONTACT: Nicole Marcos, Designated Federal 
Official (DFO) by email at: [email protected].
    Press inquiries are handled through the CMS Press Office at (202) 
690-6145.

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 (the 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 (CY).
    The Panel presently consists of members and a Chair named below.

 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.
 Lisa Gangarosa, M.D.
 Bo Gately, M.B.A.
 Michael Kuettel, M.D., M.B.A, Ph.D.
 Scott Manaker, M.D., Ph.D.
 Brian Nester, D.O., M.B.A.
 Matthew Wheatley, M.D., F.A.C.E.P.

II. Annual Advisory Panel Meeting

A. Meeting Agenda

    The agenda for the August 22, 2022 through August 23, 2022 virtual 
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 only list for 
payment under the OPPS.
     Using claims and cost report data for the Centers for 
Medicare & Medicaid Services' (CMS) determination of APC group costs.

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     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 the CMS website at: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups approximately 1 
week before the meeting.

B. 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.

C. Presentations and Comment Letters

    The subject matter of any presentation and comment letter must be 
within the scope of the Panel as 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 the Department of 
Health and Human Services or 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. Presenters and 
commenters should reference the guidance on making documents section 
508 compliant as they draft their submissions, and, whenever possible, 
submit their presentations and comment letters in a 508 compliant form. 
The section 508 guidance is available at: https://www.cms.gov/research-statistics-data-and-systems/cms-information-technology/section508. 
Presentations and comment letters should limit the use of graphs or 
pictures. Any use of these visual depictions must include alternate 
text that verbally describes what these visuals convey.
    We will review presentations and comment letters for section 508 
compliance and place compliant materials on our website. As resources 
permit, we will also convert non-compliant submissions to section 508-
compliant forms and offer assistance to submitters who are making their 
submissions section 508-compliant. All section 508-compliant 
presentations and comment letters will be made available on the CMS 
website. If difficulties are encountered accessing the materials, 
contact the Designated Federal Official (DFO) in the FOR FURTHER 
INFORMATION CONTACT section of this notice.

D. 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).

E. 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 on the CMS website after the meeting.

F. 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 CY. 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
    The Panel may also include a representative of a 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 may include members that represent the interests of Critical 
Access Hospitals, who advise 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. The Secretary 
rechartered the Panel in 2020 for a 2-year period effective through 
November 20, 2022. The current charter is available on the CMS website 
at: https://www.cms.gov/files/document/2020-hop-panel-charter.pdf.

III. 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), Chiquita Brooks-LaSure, having reviewed and approved this 
document, authorizes Vanessa Garcia, who is the Federal Register 
Liaison, to electronically sign this document for

[[Page 43870]]

purposes of publication in the Federal Register.

Vanessa Garcia,
Federal Register Liaison, Centers for Medicare & Medicaid Services.
[FR Doc. 2022-15623 Filed 7-21-22; 8:45 am]
BILLING CODE 4120-01-P