[Federal Register: February 27, 2004 (Volume 69, Number 39)]
[Page 9326-9327]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe04-61]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-2200-N]
Medicare Program; Request for Nominations for the State
Pharmaceutical Assistance Transition Commission
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice.
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SUMMARY: This notice requests nominations for individuals to serve on
the State Pharmaceutical Assistance Transition Commission (the
Commission). The Commission will develop a proposal for addressing the
unique transitional issues facing State pharmaceutical assistance
programs and program participants due to the implementation of the
voluntary prescription drug benefit program under part D of title XVIII
of the Social Security Act. This Commission will be established in
accordance with the Federal Advisory Committee Act, 5 U.S.C. appendix
2. We are preparing the charter and will ask the Secretary to establish
this Commission.
EFFECTIVE DATE: Nominations will be considered if we receive them at
the appropriate address, provided below, no later than 5 p.m. on March
12, 2004, or until the Secretary or designee selects all members of the
Commission.
ADDRESSES: Mail or deliver nominations to the following address: Marge
Watchhorn, Centers for Medicare & Medicaid Services, 7500 Security
Boulevard, Mail stop S2-01-16, Baltimore, MD 21244-1850.
FOR FURTHER INFORMATION CONTACT: Marge Watchhorn, (410) 786-4361. Press
inquiries are handled through the CMS Press Office at (202) 690-6145.
SUPPLEMENTARY INFORMATION:
I. Background
Section 106 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (MMA) (Pub. L. 108-173), enacted on December
8, 2003, grants to the Secretary of the Department of Health and Human
Services (the Secretary) the authority to establish a State
Pharmaceutical Assistance Transition Commission (the Commission). The
Commission's goal is to develop a proposal for addressing the unique
transitional issues facing State pharmaceutical assistance programs
(SPAPs) and program participants due to the implementation of the
voluntary prescription drug benefit program under Part D of title XVIII
of the Social Security Act (the Act). An SPAP is a program (other than
the Medicaid program) operated by a State (or under contract with a
State) that provides financial assistance as of December 8, 2003 to
Medicare beneficiaries to purchase prescription drugs. Generally, SPAP
participants are low-income Medicare beneficiaries.
II. Composition of the Commission
The Commission must include the following:
1. A representative of each Governor of each State that the
Secretary identifies as operating, on a statewide basis, an SPAP that
provides for eligibility and benefits that are comparable to, or more
generous than, the low-income assistance eligibility and benefits
offered under section 1860D-14 of the Act. Nominations under this
category must be made by a State Governor or his designee and
information must be submitted to demonstrate that the SPAP in the State
provides a benefit comparable to, or more generous than, the Medicare
benefit under section 1860D-14 of the
[[Page 9327]]
Act. This determination will be made based on the per capita SPAP
expenditures for the most recent full year of program operation.
Nominations must include total SPAP expenditures and the number of
full-time equivalent SPAP enrollees for the year. The per capita amount
computed from these data must equal or exceed the actuarial value of
the benefit under section 1860D-14 of the Act estimated by CMS. (Please
note that because the CMS actuarial values may not be publicly
available, this comparison will be done within CMS.) We will assume
that States not responding to this notice do not believe they would
meet the criteria for inclusion on the Commission under this paragraph.
2. Representatives from other States that the Secretary identifies
have in operation other State pharmaceutical assistance programs, as
appointed by the Secretary.
3. Representatives of organizations that have an inherent interest
in program participants or the program itself, that the Secretary
appoints but not to exceed the number of representatives in the two
preceding paragraphs.
4. Representatives of Medicare Advantage organizations,
pharmaceutical benefits managers, and other private health insurance
plans, that the Secretary appoints.
5. The Secretary (or the Secretary's designee) and any other
members that the Secretary may specify.
The Secretary will designate a member to serve as Chair of the
Commission and the Commission will meet at the call of the Chair.
III. Development of the Proposal
The Commission must develop the proposal in a manner consistent
with the following principles:
Protection of the interests of program
participants in a manner that is the least disruptive to these
participants and that includes a single point of contact for enrollment
and processing of benefits.
Protection of the financial and flexibility
interests of States so that States are not financially worse off as a
result of the enactment of Title I of the MMA, which establishes the
voluntary prescription drug benefit program under part D.
Principles of Medicare modernization under the
MMA.
IV. Report to Congress
By January 1, 2005, the Commission must submit to the President and
the Congress a report that contains a detailed proposal (including
specific legislative or administrative recommendations, if any) and
other recommendations as the Commission deems appropriate.
V. Other Information
The Secretary may provide the Commission with administrative
support services necessary for the Commission to carry out its
responsibilities under section 106 of the MMA.
The Commission terminates 30 days after the date of submission of
the report to Congress, but no later than January 31, 2005.
VI. Submission of Nominations
This notice is an invitation to interested organizations or
individuals to submit their nominations for membership on the
Commission. Persons submitting nominations must indicate the number of
the paragraph in section II under which the nomination is being made.
The Secretary, or his designee, will appoint members to the Commission
from among those candidates and from those organizations determined to
have the expertise required to meet specific agency needs, and in a
manner to ensure an appropriate balance of membership.
Each nomination must state that the nominee has expressed a
willingness to serve as a Commission member and must be accompanied by
a short resume or description of the nominee's experience. In order to
permit an evaluation of possible sources of conflict of interest,
potential candidates will be asked to provide detailed information
concerning such matters as financial holdings, consultancies, and
research grants or contracts. Self-nominations also will be accepted.
Authority: Section 106 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003.
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical
Assistance Program)
Dated: February 23, 2004.
Dennis G. Smith,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 04-4441 Filed 2-26-04; 8:45 am]
BILLING CODE 4120-01-P