Notice2023-15254
Medicare Program; Announcement of the Advisory Panel on Hospital Outpatient Payment Meeting-August 21-22, 2023-and New Panel Members
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Published
July 19, 2023
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This notice announces the dates and times of a virtual meeting of the Advisory Panel on Hospital Outpatient Payment (the Panel) in August of 2023. In addition, it announces 8 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, which are major elements of the Medicare Hospital Outpatient Prospective Payment System (OPPS) and the Ambulatory Surgical Center 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.
Full Text
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<title>Federal Register, Volume 88 Issue 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46166-46168]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15254]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-1801-N]
Medicare Program; Announcement of the Advisory Panel on Hospital
Outpatient Payment Meeting--August 21-22, 2023--and New Panel Members
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of meeting.
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SUMMARY: This notice announces the dates and times of a virtual meeting
of the Advisory Panel on Hospital Outpatient Payment (the Panel) in
August of 2023. In addition, it announces 8 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, which are major elements of the Medicare Hospital
Outpatient Prospective Payment System (OPPS) and the Ambulatory
Surgical Center 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:
Virtual meeting dates: Monday, August 21, 2023 and Tuesday, August
22, 2023, 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 time.
Deadline for presentations and comments: Presentations or comment
letters must be received by 5 p.m. EDT on Monday, July 31, 2023.
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 <a href="https://mearis.cms.gov">https://mearis.cms.gov</a> 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\. Please note that
with the submissions in MEARIS\TM\, CMS no longer requires the
completion or submission of form CMS-20017, as part of the presentation
or comment letter
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package. Therefore, 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 July 31, 2023.
Please see additional information regarding the submission of
section 508 compliant presentation and comment letter materials in
section ``III. Presentations and Comment Letters'' of this notice.
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: <a href="https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups">https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups</a>.
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: <a href="https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups">https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups</a>.
Information about the Panel and its membership in the Federal Advisory
Committee Act database are located at: <a href="https://www.facadatabase.gov">https://www.facadatabase.gov</a>.
Virtual meeting registration: While there is no meeting
registration, presenters must be identified and included as part of the
MEARIS\TM\ presentation submission process by the presentation and
comment letter deadline specified in the ``DATES'' section of this
notice. 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 by email at: <a href="/cdn-cgi/l/email-protection#eeafbeadbe8f808b82ae8d839dc086869dc0898198"><span class="__cf_email__" data-cfemail="4100110211202f242d01222c326f2929326f262e37">[email protected]</span></a>.
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 final rule and the following calendar
year's proposed rule to update the Hospital Outpatient Prospective
Payment System (OPPS).
II. Virtual Meeting Agenda
The agenda for the August 21 and 22, 2023 virtual Panel meeting
will provide for discussion and comment on the following topics as
designated in the Panel's Charter:
<bullet> Addressing whether procedures within an APC group are
similar both clinically and in terms of resource use.
<bullet> Reconfiguring APCs.
<bullet> Evaluating APC group weights.
<bullet> Review packaging costs 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.
<bullet> Removing procedures from the inpatient only list for
payment under the OPPS.
<bullet> Using claims and cost report data for the Centers for
Medicare & Medicaid Services' (CMS) determination of APC group costs.
<bullet> Addressing other technical issues concerning APC group
structure.
<bullet> Evaluating the required level of supervision for hospital
outpatient services.
<bullet> OPPS APC rates for covered Ambulatory Surgical Center
(ASC) procedures.
The agenda will be posted on our website at: <a href="https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups">https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups</a> approximately 1
week before the meeting.
Virtual 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: <a href="https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups">https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups</a>.
III. 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: <a href="https://www.cms.gov/research-statistics-data-and-systems/cms-information-technology/section508">https://www.cms.gov/research-statistics-data-and-systems/cms-information-technology/section508</a>.
Presentations and comment letters should limit the
[[Page 46168]]
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,
please contact the Designated Federal Official in the FOR FURTHER
INFORMATION CONTACT section of this notice.
IV. Virtual 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, prior to 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 OPPS 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 a provider with ASC expertise, who
advises 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 2022
for a 2-year period effective through November 20, 2024. The current
charter is available on the CMS website at: <a href="https://www.cms.gov/files/document/2022-hop-panel-charter.pdf">https://www.cms.gov/files/document/2022-hop-panel-charter.pdf</a>. New appointments are made in a
manner that ensures a balanced membership under the Federal Advisory
Committee Act guidelines. The Panel consists of the following current
members and a Chair:
<bullet> E. L. Hambrick, M.D., J.D., CMS Chairperson.
<bullet> Carmen Cooper-Oguz, P.T., D.P.T, M.B.A, C.W.S, W.C.C.
<bullet> Bo Gately, M.B.A.
<bullet> Scott Manaker, M.D., Ph.D.
<bullet> Matthew Wheatley, M.D., F.A.C.E.P.
Request and Submission of the Panel Nominations
The Request for Nominations to the Advisory Panel on Hospital
Outpatient Payment notice (87 FR 68499) provided for nominations to be
accepted through February 13, 2023 or after that date at CMS's
discretion.
As a result of that notice, we are announcing 8 new members to the
Panel. These 8 new Panel member appointments will assure that we
continue to have a Chair and up to 15 members available to attend our
scheduled meeting.
New Appointments to the Panel
New members of the Panel will have terms beginning on July 1, 2023
and continuing through June 30, 2027. The new members of the Panel are
as follows:
<bullet> Becky Bean, BS, MHA/MBA, PharmD.
<bullet> Thomas Capco, BSRT, RRT, CPFT.
<bullet> Blake Dirksen, MS, DABR.
<bullet> Nancy Dawson, MD, FACP.
<bullet> Brandon Fazio, BS.
<bullet> Rahul Seth, DO, FASCO.
<bullet> Wendi Smith Lloyd, CPC, COC, CPMA, COSC.
<bullet> William Tettelbach, MD, FACP, FIDSA, FUHM, MAPWCA, CWSP.
We currently accept nominations on a continuous basis to fill
upcoming panel vacancies. We encourage additional submissions. Any
interested person or organization may nominate qualified individuals.
Self-nominations from qualified individuals are also accepted.
Nominations must be submitted through the ``Hospital Outpatient Payment
(HOP) Panel Member Nomination'' module on MEARIS\TM\. To access the
module, visit <a href="https://mearis.cms.gov">https://mearis.cms.gov</a> to register, log in, and submit
your nomination. We can only accept HOP Panel Member nominations that
are submitted via MEARIS\TM\.
VII. 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 Evell J. Barco Holland, who is the Federal
Register Liaison, to electronically sign this document for purposes of
publication in the Federal Register.
Dated: July 13, 2023.
Evell J. Barco Holland,
Federal Register Liaison, Centers for Medicare & Medicaid Services.
[FR Doc. 2023-15254 Filed 7-14-23; 4:15 pm]
BILLING CODE 4120-01-P
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