Notices. Notice

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BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1491-N] Medicare Program; Extension of Certain Hospital Wage Index Reclassifications AGENCY: Centers for Medicare & Medicaid Services

(CMS)HHS. ACTION: Notice. SUMMARY: This notice announces the extension of the expiration date for certain wage index geographic reclassifications and special exceptions as implemented by section 117 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (Pub. L. 110-173). Certain geographic reclassifications and special exception hospitals' wage indices that were set to expire on September 30, 2007 are now extended through September 30, 2008. In addition, for hospital reclassifications extended by Division B, Title I, section 106(a) of the Tax Relief and Health Care Act of 2006, Pub. L. 109-432, that resulted in a lower wage index for the second half of FY 2007, we will apply the higher wage index that was applicable to such hospitals during the first half of FY 2007, for the entire fiscal year. DATES: *Effective date:* This notice is effective on February 22, 2008. *Applicability date:* This notice is applicable to the hospitals identified in section II.A. of this notice on October 1, 2007 and to the hospitals identified in section II.B. of this notice on April 1, 2007. FOR FURTHER INFORMATION CONTACT: Brian Slater,

(410)786-5229. SUPPLEMENTARY INFORMATION: I. Background Section 508 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003

(MMA)(Pub. L. 108-173) permitted a qualifying hospital to appeal the wage index classification otherwise applicable to the hospital and apply for reclassification to another area of the State in which the hospital was located (or, at the discretion of the Secretary, to an area within a contiguous State). Hospitals were required to submit their applications by February 15, 2004. In the February 13, 2004 **Federal Register** (69 FR 7340), we published a notice that described our implementation of section 508 of MMA. The Congress limited the reclassifications under section 508 of MMA to a 3-year period beginning April 1, 2004 and ending March 31, 2007. Section 106(a) of the Medicare Improvements and Extension Act, Division B of the Tax Relief and Health Care Act of 2006 (MIEA-TRHCA) (Pub. L. 109-432) extended any geographic reclassification that was set to expire on March 31, 2007 by 6 months until September 30, 2007. In the March 23, 2007 **Federal Register** (72 FR 13799), we published a notice explaining how we would implement section 106 of MIEA-TRHCA. We also explained that for a subset of hospitals whose reclassifications were extended, the wage index for the second half of fiscal year

(FY)2007 would decrease from the first half of the year. II. Provisions of the Notice A. Reclassifications for Hospitals Affected by Section 117(a) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 Section 117(a) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) (Pub. L. 110-173) extends through September 30, 2008 both the reclassifications that were extended by section 106 of MIEA-TRCHA as well as certain special exception wage indices referenced in the FY 2005 inpatient prospective payment system

(IPPS)final rule (69 FR 49105 and 49107). Consistent with how section 508 of MMA and special exceptions were implemented in FY 2005, hospitals receiving extensions under section 117(a) of MMSEA may not receive an out-migration adjustment. Such hospitals are treated in a manner consistent to reclassified hospitals, and section 1886(d)(13) of the Act specifies that a reclassified hospital is not eligible for the out-migration adjustment. In addition, the special exceptions granted in FY 2005 provided for the complete wage index to be assigned the specified hospitals without any addition of an out-migration adjustment. Further, we only extended the reclassification or special exception in cases where it benefited the hospital. If, in FY 2008, the hospital is already receiving a reclassification or wage index that results in a higher wage index than would be received under the reclassification or special exception extension, then we did not change the hospital's wage index value that was published in the October 10, 2007, or subsequent notice. The following table lists providers affected by section 117(a) of MMSEA, which extends certain reclassifications and special exceptions through FY 2008 (October 1, 2007 through September 30, 2008): Fiscal intermediary No. Provider No. FY 2008 wage index FY 2008 GAF 52280 010150 0.8588 0.9010 00322 020008 1.2727 1.1795 00454 050494 1.4147 1.2682 52280 050549 1.4147 1.2682 52280 060075 1.2164 1.1436 00308 070036 1.3696 1.2403 00011 160064 0.9194 0.9441 52280 220046 1.1304 1.0876 00450 230003 1.0147 1.0100 00450 230004 1.0147 1.0100 00452 230036 1.0244 1.0166 00450 230038 1.0147 1.0100 00450 230059 1.0147 1.0100 00452 230066 1.0147 1.0100 00450 230072 1.0147 1.0100 00452 230097 1.0147 1.0100 00452 230106 1.0147 1.0100 00450 230174 1.0147 1.0100 00450 230236 1.0147 1.0100 00230 250002 0.8217 0.8742 52280 250122 0.8217 0.8742 03201 2 270002 0.8738 0.9118 03201 270023 0.8871 0.9212 03201 270032 0.8871 0.9212 03201 270057 0.8871 0.9212 00390 310021 1.3003 1.1970 00390 310028 1.3003 1.1970 00390 310051 1.3003 1.1970 00390 310060 1.3003 1.1970 00390 310115 1.3003 1.1970 00390 310120 1.3003 1.1970 00308 2 330023 1.3003 1.1970 00308 330049 1.3003 1.1970 00308 2 330067 1.3003 1.1970 00308 330106 1.4999 1.3200 00308 3 330135 1.3003 1.1970 00308 3 330205 1.3003 1.1970 00308 3 330264 1.3003 1.1970 77002 340002 0.9342 0.9545 03301 350002 0.7944 0.8542 03301 350003 0.7944 0.8542 03301 350006 0.7944 0.8542 03301 350010 0.7944 0.8542 03301 350014 0.7944 0.8542 03301 350015 0.7944 0.8542 03301 350017 0.7944 0.8542 03301 350030 0.7944 0.8542 00325 380090 1.1501 1.1005 00363 390001 1.0004 1.0003 00363 390003 1.0004 1.0003 00363 1 390045 1.0004 1.0003 52280 390072 1.0004 1.0003 00363 390095 1.0004 1.0003 00363 390119 1.0004 1.0003 00363 390137 1.0004 1.0003 00363 390169 1.0004 1.0003 00363 390185 0.9650 0.9759 00363 390192 1.0004 1.0003 00363 390237 1.0004 1.0003 00363 390270 0.9650 0.9759 03401 430005 0.8686 0.9080 03401 2 430008 0.9373 0.9566 52280 430015 0.9373 0.9566 03401 3 430048 0.9373 0.9566 03401 430060 0.9373 0.9566 03401 430064 0.9373 0.9566 03401 430077 0.9373 0.9566 03401 430091 0.9373 0.9566 00400 450010 0.9136 0.9400 00270 470003 1.1304 1.0876 00453 490001 0.8606 0.9023 03601 2 530008 0.9271 0.9495 03601 2 530010 0.9271 0.9495 03601 530015 0.9650 0.9759 1 This hospital has been assigned a wage index under a special exceptions policy (See the August 18, 2006 final rule (71 FR 48070)). 2 These hospitals are assigned a wage index value under a special exceptions policy (See Table 9B of the August 11, 2004 final rule (69 FR 49105) and the December 30, 2004 correction notice, (69 FR 78705)). 3 The hospital originally received an out-migration adjustment for FY 2008. However, due to the extension of the hospital's special reclassification or exception, the hospital no longer qualifies for the out-migration adjustment for FY 2008. B. Reclassifications for Hospitals Affected by Section 117(c) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 Section 117(c) of MMSEA requires that, for hospital reclassifications extended by section 106(a) of MIEA-TRHCA that resulted in a lower wage index for the period April 1, 2007 through September 30, 2007, we will apply the higher wage index that was applicable to such hospitals during the period October 1, 2006 through March 31, 2007, for the entire FY 2007. The following table lists providers affected by section 117(c), which revises the FY 2007 wage index from April 1, 2007 through September 30, 2007: Fiscal intermediary No. Provider No. Current wage index 4/1/2007-9/30/2007 Current GAF 4/1/2007-9/30/2007 Revised wage index 4/1/2007-9/30/2007 Revised GAF 4/1/2007-9/30/2007 00308 070001 1.2730 1.1797 1.2971 1.1950 00308 070005 1.2730 1.1797 1.2971 1.1950 00308 070010 1.3113 1.2039 1.3134 1.2053 00308 070016 1.2730 1.1797 1.2971 1.1950 00308 070017 1.2730 1.1797 1.2971 1.1950 00308 070019 1.2730 1.1797 1.2971 1.1950 00308 070022 1.2730 1.1797 1.2971 1.1950 00308 070028 1.3113 1.2039 1.3134 1.2053 00308 070031 1.2730 1.1797 1.2971 1.1950 00308 070039 1.2730 1.1797 1.2971 1.1950 00011 160040 0.8708 0.9096 0.8803 0.9164 00011 160067 0.8708 0.9096 0.8803 0.9164 00011 160110 0.8708 0.9096 0.8803 0.9164 00450 230020 1.0440 1.0299 1.0563 1.0382 00452 230024 1.0440 1.0299 1.0563 1.0382 00450 230053 1.0440 1.0299 1.0563 1.0382 00450 230089 1.0440 1.0299 1.0563 1.0382 00452 230104 1.0440 1.0299 1.0563 1.0382 00450 230119 1.0440 1.0299 1.0563 1.0382 00450 230135 1.0440 1.0299 1.0563 1.0382 00450 230146 1.0440 1.0299 1.0563 1.0382 00450 230165 1.0440 1.0299 1.0563 1.0382 00450 230176 1.0440 1.0299 1.0563 1.0382 00450 230270 1.0440 1.0299 1.0563 1.0382 00452 230273 1.0440 1.0299 1.0563 1.0382 00390 310021 1.3113 1.2039 1.3134 1.2053 00390 310028 1.3113 1.2039 1.3134 1.2053 00390 310051 1.3113 1.2039 1.3134 1.2053 00390 310060 1.3113 1.2039 1.3134 1.2053 00390 310115 1.3113 1.2039 1.3134 1.2053 00390 310120 1.3113 1.2039 1.3134 1.2053 00308 330049 1.3113 1.2039 1.3134 1.2053 00308 330126 1.3113 1.2039 1.3134 1.2053 00308 330135 1.3113 1.2039 1.3134 1.2053 00308 330205 1.3113 1.2039 1.3134 1.2053 00308 330209 1.2730 1.1797 1.2971 1.1950 00308 330264 1.2730 1.1797 1.2971 1.1950 We have implemented these provisions through instructions to the Medicare Administrative Contractors

(MAC)(CMS Joint Signature Memorandum, JSM/TDL-08149, January 28, 2008). CMS has instructed FIs/MACs to reprocess claims for the affected providers FY 2007 and FY 2008. When originally applying section 508 of MMA, we required each hospital to submit a request in writing by February 15, 2004, to the Medicare Geographic Classification Review Board (MGCRB), with a copy to CMS. We will neither require nor accept written requests for the extension required by section 117 of MMSEA, since that section, by providing a 1-year extension for certain special exceptions and reclassifications set to expire September 30, 2007, already specifies the affected hospitals. III. Regulatory Impact Statement We have examined the impact of this notice using the requirements of Executive Order 12866 (September 1993, Regulatory Planning and Review), and Executive Order 13132. Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis

(RIA)must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). This notice implements a statutory provision that would increase payments to hospitals by less than $100 million and is therefore, not a major rule. This notice also is not a legislative rulemaking under the Administrative Procedure Act, but rather interprets and applies a statutory mandate. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. Again, although we do not consider this notice to be a substantive rule subject to notice and comment rulemaking, we note that this notice does not impose any costs on State or local governments. Therefore, the requirements of Executive Order 13132 would not be applicable. We estimate the impact of sections 117(a) and

(c)of MMSEA is to increase payments to hospitals by $24 million for FY 2007 and by $57 million for FY 2008. In accordance with the provisions of Executive Order 12866, this notice was reviewed by the Office of Management and Budget. Authority: Section 117(a) and

(c)of Public Law 110-173. Section 106(a) of Division B, Title 1, Public Law 109-432. Section 508(a) of Public Law 108-173. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: February 7, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-2798 Filed 2-21-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1395-N] Medicare Program; Request for Nominations to the Advisory Panel on Ambulatory Payment Classification Groups AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (DHHS). ACTION: Notice. SUMMARY: This notice solicits the nominations of three individuals for consideration as members on the Advisory Panel on Ambulatory Payment Classification

(APC)Groups (the Panel). There will be three vacancies on the Panel: One vacancy as of June 1 and two additional vacancies as of September 30, 2008. The purpose of the Panel is to review the APC groups and their associated weights and to advise the Secretary of the Department of Health and Human Services (DHHS), and the Administrator of the Centers for Medicare & Medicaid Services (CMS), concerning the clinical integrity of the APC groups and their associated weights. We consider the Panel's advice as we prepare the annual updates of the Medicare hospital outpatient prospective payment system (OPPS). The Secretary rechartered the Panel in 2006 for a 2-year period effective through November 21, 2008. *Submission Date of Nominations:* Nominations will be considered if postmarked by 5 p.m. E.S.T. on April 1, 2008, and sent to the designated address provided in the ADDRESSES section of this notice. ADDRESSES: You may mail or hand deliver nominations for membership to: Center for Medicare and Medicaid Services; Attn: Shirl Ackerman-Ross, Designated Federal Official (DFO), Advisory Panel on APC Groups; Center for Medicare Management, Hospital & Ambulatory Policy Group, Division of Outpatient Care; 7500 Security Boulevard, Mail Stop C4-05-17; Baltimore, MD 21244-1850. *For Additional Information:* *Contacts:* Persons wishing to nominate individuals to serve on the Panel or to obtain further information may also contact Shirl Ackerman-Ross, the DFO, at *CMSAPCPanel@cms.hhs.gov* (NOTE: There is NO underscore in this e-mail address; there is a SPACE between CMS and APCPanel.), or call 410-786-4474. (Note: Please advise couriers of the following: When delivering hardcopies of presentations to CMS, if no one answers at the above phone number, please call

(410)786-4532 or

(410)786-9316.) News media representatives should contact the CMS Press Office at 202-690-6145. *Web Site:* For additional information on the APC Panel and updates to the Panel's activities, search our Web site at the following: *http://www.cms.hhs.gov/FACA/05_AdvisoryPanelonAmbulatoryPaymentClassificationGroups.asp#TopOfPage* . (Use control + click the mouse in order to access the previous URL.) (Note: There is an UNDERSCORE after FACA/05_; there is no space.) *Advisory Committees' Information Lines:* You may also refer to the CMS Federal Advisory Committee Hotlines at 1-877-449-5659 (toll-free) or 410-786-9379 (local) for additional information. SUPPLEMENTARY INFORMATION: I. Background The Secretary is required by section 1833(t)(9)(A) of the Social Security Act (the Act), as amended and redesignated by sections 201(h) and 202(a)(2) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999

(BBRA)(Pub. L. 106-113), to consult with an expert outside advisory panel regarding the clinical integrity of the APC groups and relative payment weights that are components of the Medicare hospital OPPS. The Charter requires that the APC Panel meet up to three times annually. We consider the Panel's technical advice as we prepare the proposed and final rules to update the OPPS for the next calendar year. The Panel may 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. (For purposes of the Panel, consultants or independent contractors are not considered to be full-time employees in these organizations.) The Administrator selects the Panel membership based upon either self-nominations or nominations submitted by providers or interested organizations. The current Panel members are as follows: (The asterisk [*] indicates the Panel member whose term ends on June 1, 2008, and the double asterisks [**] indicate Panel members whose terms end on September 30, 2008.) • E.L. Hambrick, M.D., J.D., Chair, a CMS Medical Officer • Gloryanne Bryant, B.S., RHIA, RHIT, CCS • Patrick A. Grusenmeyer, Sc.D., FACHE • Hazel Kimmel, R.N., CCS, CPC* • Michael D. Mills, PhD • Thomas M. Munger, M.D., FACC • Agatha L. Nolen, D.Ph., M.S. • Beverly Khnie Philip, M.D. • Louis Potters, M.D., FACR** • Russ Ranallo, M.S., B.S. • James V. Rawson, M.D. • Michael A. Ross, M.D., FACEP • Judie S. Snipes, R.N., M.B.A., FACHE** • Patricia Spencer-Cisek, M.S., APRN-BC, AOCN® • Kim Allen Williams, M.D., FACC, FABC • Robert M. Zwolak, M.D., PhD, FACS Panel members serve without compensation, according to an advance written agreement; however, for the meetings, CMS reimburses travel, meals, lodging, and related expenses in accordance with standard Government travel regulations. We have a special interest in attempting to ensure, while taking into account the nominee pool, that the Panel is diverse in all respects of the following: Geography; rural or urban practice; race, ethnicity, sex, and disability; medical or technical specialty; and type of hospital, hospital health system, or other Medicare provider. The Secretary, or his designee, appoints new members to the Panel from among those candidates determined to have the required expertise. New appointments are made in a manner that ensures a balanced membership under the guidelines of the Federal Advisory Committee Act. II. Criteria for Nominees All qualified nominees must have technical expertise in one or more of the listed areas of below that will enable them to participate fully in the work of the Panel. Nominees' expertise must exist in one of the following areas: • Hospital payment systems. • Hospital medical-care delivery systems. • Outpatient payment requirements. • APC groups. • Physicians' Current Procedural Terminology Codes. • The use and payment of drugs and medical devices in the outpatient setting. • Any other relevant expertise. It is not necessary for a nominee to possess expertise in all of the areas listed, but each nominee must have a minimum of 5 years experience and currently have full-time employment in his or her area of expertise. Members of the Panel serve overlapping terms up to 4 years, based on the needs of the Panel and contingent upon the rechartering of the Panel. Any interested person or organization may nominate one or more qualified individuals. Self-nominations will also be accepted. Each nomination must include the following: • Letter of Nomination, • Curriculum Vita of the nominee, and • Written statement from the nominee that the nominee is willing to serve on the Panel under the conditions described in this notice and further specified in the Charter. III. Copies of the Charter To obtain a copy of the Panel's Charter, submit a written request to the DFO at the address provided or by e-mail at *CMSAPCPanel@cms.hhs.gov* , or call her at 410-786-4474. Copies of the Charter are also available on the Internet at the following: *http://www.cms.hhs.gov/FACA/05_AdvisoryPanelonAmbulatoryPaymentClassificationGroups.asp#TopOfPage* . Authority: Section 1833(t)(9)(A) of the Act (42 U.S.C. 1395l(t)(9)(A). The Panel is governed by the provisions of Pub. L. 92-463, as amended (5 U.S.C. Appendix 2). (Catalog of Federal Domestic Assistance Program No. 93.774, Medicare—Supplementary Medical Insurance Program.) Dated: February 7, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-2806 Filed 2-21-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-3186-FN] Medicare Program: Approval of Application by the Indian Health Service

(IHS)for Continued Recognition as a National Accreditation Organization That Accredits American Indian and Alaska Native (AI/AN) Entities To Furnish Outpatient Diabetes Self-Management Training AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final notice. SUMMARY: This final notice announces the approval of the Indian Health Service

(IHS)as a national accreditation organization for the purpose of determining that entities meet the necessary quality standards to furnish outpatient diabetes self-management training services under Part B of the Medicare program. Therefore, American Indian and Alaska Native diabetes self-management training

(DSMT)programs accredited by the IHS will receive deemed status under the Medicare program for purposes of this benefit. EFFECTIVE DATE: This approval of IHS as a national accreditation organization is effective on February 22, 2008. FOR FURTHER INFORMATION CONTACT: Eva Fung,

(410)786-7539. SUPPLEMENTARY INFORMATION: I. Background To participate in the Medicare program, diabetes self-management training

(DSMT)programs must meet conditions for coverage specified in our regulations at 42 CFR part 410, subpart H. One requirement is that entities must satisfy required quality standards. An entity seeking approval as a DSMT supplier must meet the requirements found at § 410.144 as determined by an organization that meets the standards found at § 410.142. These organizations are referred to as national accreditation organizations (NAOs). II. Review Process In evaluating an application from an accrediting organization, we consider the following factors under section 1865(b)(2) of the Social Security Act (the Act): • Accreditation requirements. • Survey procedures. • Ability to provide adequate resources for conducting required surveys and to supply information for use in enforcement activities. • Monitoring procedures. • Ability to provide us with the necessary data for validation. After the receipt of a written request to become a NAO or to renew status as a NAO, a proposed notice is published in the **Federal Register** , with a 30 day public comment period. After review of the NAO's application, we are required to publish a final notice of approval or denial no later than 210 days after the date of receipt of a complete application package from the organization requesting to become a NAO. III. Analysis of and Responses to Public Comments We received a complete application from the IHS on July 11, 2007. On September 28, 2007, we published a proposed notice in the **Federal Register** (72 FR 55222-55224) announcing the application from the IHS for continued approval as a NAO for accrediting of American Indian

(AI)and Alaska Native

(AN)entities that wish to furnish outpatient DSMT to Medicare beneficiaries. We note that no public comments were received on our proposed notice. IV. Provisions of the Final Notice On March 22, 2002, we approved the IHS as a NAO for a term of 6 years to accredit AI/AN entities that provide diabetes self-management training (67 FR 13345). We recognize that the IHS has a solid record of experience in past decades in representing the interest of individuals with diabetes. The AI/AN population has one of the highest rates of diabetes in the world and the prevalence of diabetes is substantially higher than in the general U.S. population. Recognizing the size of the AI/AN population affected by diabetes, the Congress, since 1979, has funded the IHS-administered National Diabetes Program to promote collaborative strategies to combat diabetes, to develop standards-of-care policies for diabetes, to disseminate comprehensive information about diabetes, and to advocate for the AI/AN population. The IHS has played a leadership role in the development of diabetic care surveillance and data collection in the AI/AN diabetes programs. It monitors the quality of the AI/AN diabetes education service through its National Diabetes Program, IHS Area Consultants, the IHS Model Diabetes Program, the Special Diabetes Grant Programs, and the IHS Integrated Diabetes Education and Clinical Standards Recognition Program for AI/AN communities. Additionally, the IHS works in partnership with the IHS Model Diabetes Programs to tailor educational materials, treatment programs, nutrition counseling, and physical activities to accommodate cultural, physical, and geographical needs. A special Task Force consisting of the American Diabetes Association, the American Association of Diabetes Educators, the American Dietetic Association, the Veteran's Health Service, the National Certification Board for Diabetes Educators, the Centers for Disease Control and Prevention, the Department of Veterans Affairs, the Diabetes Research and Training Centers, the Indian Health Service, and the National Certification Board for Diabetes Educators was convened on March 31, 2006 and again on September 19, 2006 as part of the process to update the National Standards for Diabetes Self-Management Education Programs (NSDSMEP). The revised standards were approved on March 25, 2007 and were published in the June 2007 issue of *Diabetes Care.* (Volume 30, Number 6.) Prior to revision, the Task Force reviewed the standards for their appropriateness, relevancy, scientific basis, specificity, and ability to be implemented in multiple settings. The current NSDSMEP standards (7th Edition) were effectuated in June 2007 and reflect the changing approaches in diabetes training and education. Our findings indicate that the IHS continues to meet our criteria as “a nonprofit organization with demonstrated experience in representing the interests of individuals with diabetes” to accredit entities to furnish training as specified in § 410.142(a) and continues to meet all applicable requirements in § 410.140 through § 410.146. The Iowa Foundation for Medicare Care

(IFMC)is under contract (#GS-35F-5831 H/HHSM 500-2006-0015IG) to CMS to validate the DSMT accreditation policies of NAOs including IHS. IFMC surveyed a sample of IHS accredited facilities. Based on these reviews, we have determined that the IHS deeming authority has been exercised in compliance with published requirements and have approved IHS' continued recognition as a NAO, effective for 6 years, beginning February 22, 2008. V. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 35). Authority: Sections 1865 of the Social Security Act (42 U.S.C. 1395bb). (Catalog of Federal Domestic Program No. 93.773, Medicare-Hospital Insurance Program; and No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: December 6, 2007. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. 8 [FR Doc. E8-2803 Filed 2-21-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-7008-N] Medicare Program; Announcement of Meeting of the Advisory Panel on Medicare Education; March 11, 2008 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, this notice announces a meeting of Advisory Panel on Medicare Education (the Panel). The Panel advises and makes recommendations to the Secretary of Health and Human Services and the Administrator of the Centers for Medicare & Medicaid Services on opportunities to enhance the effectiveness of consumer education strategies concerning the Medicare program. This meeting is open to the public. DATES: *Meeting Date:* March 11, 2008 from 9 a.m. to 3:30 p.m., e.d.t. *Deadline for Meeting Registration, Presentations, and Comments:* March 4, 2008, 12 noon, e.s.t. *Deadline for Requesting Special Accommodations:* March 4, 2008, 12 noon, e.s.t. ADDRESSES: *Meeting Location:* Hilton Washington Embassy Row, 2015 Massachusetts Avenue, NW., Washington, DC 20036,

(202)265-1600. *Meeting Registration, Presentations, and Written Comments:* Lynne Johnson, Designated Federal Official, Division of Forum and Conference Development, Office of External Affairs, Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mailstop S1-05-06, Baltimore, MD 21244-1850 or contact Ms. Johnson via e-mail at *Lynne.Johnson@cms.hhs.gov.* *Registration:* The meeting is open to the public, but attendance is limited to the space available. Persons wishing to attend this meeting must register by contacting Lynne Johnson at the address listed in the ADDRESSES section of this notice or by telephone at

(410)786-0090 by date listed in the DATES section of this section. FOR FURTHER INFORMATION CONTACT: Lynne Johnson,

(410)786-0090. Please refer to the CMS Advisory Committees' Information Line (1-877-449-5659 toll free)/(410-786-9379 local) or the Internet ( *http://www.cms.hhs.gov/FACA/04_APME.asp* ) for additional information and updates on committee activities. Press inquiries are handled through the CMS Press Office at

(202)690-6145. SUPPLEMENTARY INFORMATION: Section 9(a)(2) of the Federal Advisory Committee Act authorizes the Secretary of Health and Human Services (the Secretary) to establish an advisory panel if the Secretary determines that the panel is “in the public interest in connection with the performance of duties imposed * * * by law.” Such duties are imposed by section 1804 of the Social Security Act (the Act), requiring the Secretary to provide informational materials to Medicare beneficiaries about the Medicare program, and section 1851(d) of the Act, requiring the Secretary to provide for “activities * * * to broadly disseminate information to Medicare beneficiaries on the coverage options provided under [Medicare Advantage] in order to promote an active, informed selection among such options.” The Panel is also authorized by 1114(f) of the Act (42 U.S.C. 1311(f)) and section 222 of the Public Health Service Act (42 U.S.C. 217a). The Secretary signed the charter establishing this Panel on January 21, 1999 and approved the renewal of the charter on November 14, 2006. The establishment of the charter and the renewal of the charter were announced in the February 17, 1999 **Federal Register** (64 FR 7899), and the March 23, 2007 **Federal Register** (72 FR 13796), respectively. The Panel advises and makes recommendations to the Secretary and the Administrator of the Centers for Medicare & Medicaid Services on opportunities to enhance the effectiveness of consumer education strategies concerning the Medicare program. The goals of the Panel are as follows: • To provide recommendations on the development and implementation of the national Medicare education program that describes the options for selecting a health plan and prescription drug benefits under Medicare. • To enhance the Federal government's effectiveness in informing the Medicare consumer, including the appropriate use of public-private partnerships. • To provide recommendations on how to expand outreach to vulnerable and underserved communities, including racial and ethnic minorities, in the context of a national Medicare education program. • To assemble an information base of best practices for helping consumers evaluate health plan options and build a community infrastructure for information, counseling, and assistance. The current members of the Panel are: Anita B. Boles, Executive Director, Society for the Arts in Healthcare; Gwendolyn T. Bronson, SHINE/SHIP Counselor, Massachusetts SHINE Program; Dr. Yanira Cruz, President and Chief Executive Officer, National Hispanic Council on Aging; Clayton Fong, President and Chief Executive Officer, National Asian Pacific Center on Aging; Nan Kirsten-Forte, Executive Vice President, Consumer Services, WebMD; Dr. Jessie C. Gruman, President and Chief Executive Officer, Center for the Advancement of Health; Dr. David Lansky, Director, Health Program, Markle Foundation; Dr. Daniel Lyons, Senior Vice President, Government Programs, Independence Blue Cross; Dr. Frank B. McArdle, Manager, Hewitt Research Office, Hewitt Associates; Traci McClellan, J.D., Executive Director, National Indian Council on Aging; Dr. Keith Mueller, Professor and Section Head, Health Services Research and Rural Health Policy, University of Nebraska; Lee Partridge, Senior Health Policy Advisor, National Partnership for Women and Families; Rebecca Snead, Executive Vice President/Chief Executive Officer, National Alliance of State Pharmacy Associations; William A. Steel, Past President, The National Grange; Marvin Tuttle, Jr., CAE, Executive Director and Chief Executive Officer, Financial Planning Association; Catherine Valenti, Consultant, American Academy of HIV Medicine; and Grant Wedner, Vice President, Partnerships and Corporate Development, Daily Strength, Inc. The agenda for the March 11, 2008 meeting will include the following: • Recap of the previous (December 4, 2007) meeting. • Medicare Enrollment, Outreach, Education, and Partnership Activities. • APME Subcommittee Report. • Public Comment. • Listening Session with CMS Leadership. • Next Steps. Individuals or organizations that wish to make a 5-minute oral presentation on an agenda topic should submit a written copy of the oral presentation to Lynne Johnson at the address listed in the ADDRESSES section of this notice by the date listed in the DATES section of this notice. The number of oral presentations may be limited by the time available. Individuals not wishing to make a presentation may submit written comments to Ms. Johnson at the address listed in the ADDRESSES section of this notice by the date listed in the DATES section of this notice. Individuals requiring sign language interpretation or other special accommodations should contact Ms. Johnson at the address listed in the ADDRESSES section of this notice by the date listed in the DATES section of this notice. Authority: Sec. 222 of the Public Health Service Act (42 U.S.C. 217a) and sec. 10(a) of Pub. L. 92-463 (5 U.S.C. App. 2, sec. 10(a) and 41 CFR 102-3). (Catalog of Federal Domestic Assistance Program No. 93.733, Medicare—Hospital Insurance Program; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: February 7, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-2790 Filed 2-21-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1549-N] Medicare Program; Public Meetings in Calendar Year 2008 for All New Public Requests for Revisions to the Healthcare Common Procedure Coding System (HCPCS) Coding and Payment Determinations AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice announces the dates, time, and location of the Healthcare Common Procedure Coding System (HCPCS) public meetings to be held in calendar year 2008 to discuss our preliminary coding and payment determinations for all new public requests for revisions to the HCPCS. These meetings provide a forum for interested parties to make oral presentations or to submit written comments in response to preliminary coding and payment determinations. Discussion will be directed toward responses to our specific preliminary recommendations and will include all items on the public meeting agenda. DATES: *Meeting Dates:* The following are the 2008 HCPCS public meeting dates: 1. Tuesday, April 22, 2008, 9 a.m. to 5 p.m., e.d.t. (Supplies and Other Issues). 2. Wednesday, April 23, 2008, 9 a.m. to 5 p.m., e.d.t. (Supplies and Other Issues). 3. Tuesday, May 6, 2008, 9 a.m. to 5 p.m., e.d.t. (Orthotics and Prosthetics). 4. Wednesday, May 7, 2008, 9 a.m. to 5 p.m., e.d.t. (Drugs/Biologicals/Radiopharmaceuticals/Radiologic Imaging Agents). 5. Thursday, May 8, 2008, 9 a.m. to 5 p.m., e.d.t. (Drugs/Biologicals/Radiopharmaceuticals/Radiologic Imaging Agents). 6. Wednesday, May 28, 2008, 9 a.m. to 5 p.m., e.d.t. (Durable Medical Equipment

(DME)and Accessories). 7. Thursday, May 29, 2008, 9 a.m. to 5 p.m., e.d.t. (Durable Medical Equipment

(DME)and Accessories). *Deadlines for Primary Speaker Registration and Presentation Materials:* The deadline for registering to be a primary speaker, and submitting materials and writings that will be used in support of an oral presentation are as follows: • April 8, 2008 for the April 22 and 23, 2008 public meetings. • April 22, 2008 for the May 6, 7 and 8, 2008 public meetings. • May 14, 2008 for the May 28 and 29, 2008 public meetings. *Deadlines for all Other Attendees Registration:* Individuals must register for each date that they plan on attending. The registration deadlines are different for each meeting. Registration deadlines are as follows: • April 15, 2008 for the April 22 and 23, 2008 public meeting dates. • April 29, 2008 for the May 6, 7 and 8, 2008 public meeting dates. • May 21, 2008 for the May 28 and 29, 2008 public meetings. *Deadlines for Requesting Special Accommodations:* • April 8, 2008 for the April 22 and 23, 2008 public meeting dates. • April 22, 2008 for the May 6, 7 and 8, 2008 public meeting dates. • May 14, 2008 for the May 28 and 29, 2008 public meetings. *Deadline for Submission of Written Comments:* Written comments must be received by the date of meeting at which a request is scheduled for discussion. ADDRESSES: *Meeting Location:* The public meetings will be held in the main auditorium of the central building of the Centers for Medicare and Medicaid Services, 7500 Security Boulevard, Baltimore, MD 21244-1850. *Submission of Written Comments:* Written comments can be e-mailed to *HCPCS@cms.hhs.gov* or sent regular mail to Jennifer Carver or Gloria Knight, HCPCS Public Meeting Coordinator, Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mail Stop C5-08-27, Baltimore, MD 21244. *Registration and Special Accommodations:* Individuals wishing to participate or who need special accommodations or both must register by completing the on-line registration located at *http://www.cms.hhs.gov/medhcpcsgeninfo* or by contacting one of the following persons: Jennifer Carver at

(410)786-6610 or *Jennifer.Carver@cms.hhs.gov* ; or Gloria Knight at

(410)786-4598 or *Gloria.Knight@cms.hhs.gov* . FOR FURTHER INFORMATION CONTACT: Jennifer Carver at

(410)786-6610 or *Jennifer.Carver@cms.hhs.gov* ; or Gloria Knight at

(410)786-4598 or *Gloria.Knight@cms.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Background On December 21, 2000, the Congress passed the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000

(BIPA)(Pub. L. 106-554). Section 531(b) of BIPA mandated that we establish procedures that permit public consultation for coding and payment determinations for new durable medical equipment

(DME)under Medicare Part B of title XVIII of the Social Security Act (the Act). The procedures and public meetings announced in this notice for new DME are in response to the mandate of section 531(b) of BIPA. In the November 23, 2001 **Federal Register** (66 FR 58743), we published a notice providing information regarding the establishment of the public meeting process for DME. It is our intent to distribute any materials submitted to CMS to the HCPCS workgroup members for their consideration. CMS and the HCPCS workgroup members require sufficient preparation time to review all relevant materials. For this reason, our HCPCS Public Meeting Coordinators will only accept and review presentation materials received by the deadline for each public meeting, as specified in the DATES section of this notice. Therefore, we are implementing a 10-page submission limit and firm deadlines for receipt of any presentation materials the meeting participant wishes CMS to consider. The public meeting process provides an opportunity for the public to become aware of coding changes under consideration, as well as an opportunity for CMS to gather public input. II. Meeting Registration A. Required Information for Registration The following information must be provided when registering: • Name; • Company name and address; • Direct-dial telephone and fax numbers; • E-mail address; and • Special needs information. A CMS staff member will confirm your registration by mail, e-mail, or fax. B. Registration Process 1. Primary Speakers Individuals must also indicate whether they are the “primary speaker” for an agenda item. Primary speakers must be designated by the entity that submitted the HCPCS coding request. When registering, primary speakers must provide a brief written statement regarding the nature of the information they intend to provide, and advise the HCPCS Public Meeting Coordinator regarding needs for audio/visual support. To avoid disruption of the meeting and ensure compatibility with our systems, tapes and disk files are tested and arranged in speaker sequence well in advance of the meeting. We will accept tapes and disk files that are received by the deadline for submissions for each public meeting as specified in the DATES section of this notice. The sum of all materials including the presentation may not exceed 10 pages (each side of a page counts as 1 page). An exception will be made to the 10-page limit for relevant studies published between the application deadline and the public meeting date, in which case, we would like a copy of the complete publication as soon as possible. These materials may be delivered by regular mail or by e-mail to one of the HCPCS Public Meeting Coordinators as specified in the ADDRESSES section of this notice. Individuals will need to provide 35 copies if materials are delivered by mail. 2. 5-Minute Speakers To afford the same opportunity to all attendees, 5-minute speakers are not required to register as primary speakers; however, 5-minute speakers must still register as attendees by the deadline set forth under “Deadlines for all Other Attendees Registration” in the DATES section of this notice. Attendees can sign up only on the day of the meeting to do a 5-minute presentation. They must provide their name, company name and address, contact information as specified on the sign-up sheet, and identify the specific agenda item that they will address. C. Additional Meeting/Registration Information Public Meetings are scheduled far in advance of the influx of HCPCS applications each cycle. At the time they are scheduled we can only anticipate the number of applications that we receive in each category. As a result, we may not need the second day of Drugs/Biologicals/Radiopharmaceuticals/Radiologic Imaging Agents (Thursday, May 8, 2008) and the second day of DME and Accessories (Thursday, May 29, 2008). We have scheduled these dates tentatively. The Public Meeting Agendas published on CMS' HCPCS Web site at: *http://www.cms.hh.gov/medhcpcsgeninfo* will serve as final notification regarding whether meetings will be held on May 8th and May 29th. The product category reported by the meeting participant may not be the same as that assigned by CMS. All meeting participants are advised to review the public meeting agenda at *http://www.cms.hhs.gov/medhcpcsgeninfo* which identifies our category determinations, and the dates each item will be discussed. Draft agendas, including a summary of each request and CMS' preliminary decision will be posted on our HCPCS Web site at: *http://www.cms.hhs.gov/medhcpcsgeninfo* at least 1 month before each meeting. Additional details regarding the public meeting process for all new public requests for revisions to the HCPCS, along with information on how to register and guidelines for an effective presentation, will be posted at least 1 month before the first meeting date on the HCPCS Web site at: *http://www.cms.hhs.gov/medhcpcsgeninfo* . Individuals who intend to provide a presentation at a public meeting need to familiarize themselves with the HCPCS Web site and the valuable information it provides to prospective registrants. The HCPCS Web site also contains a document titled “The Healthcare Common Procedure Coding System (HCPCS) Level II Coding Procedures,” which is a description of the HCPCS coding process, including a detailed explanation of the procedures used to make coding and payment determinations for all the products, supplies, and services that are coded in the HCPCS. A summary of each public meeting will be posted on the HCPCS Web site by the end of August 2008. III. Presentations and Comment Format We can only estimate the amount of meeting time that will be needed since it is difficult to anticipate the total number of speakers for each meeting. Meeting participants should arrive early since each meeting is expected to begin promptly at 9 a.m., e.d.t. Meetings may end earlier than the stated ending time. A. Oral Presentation Procedures Individuals who are planning to provide an oral presentation must register as provided under the section titled “Meeting Registration.” Materials and writings that will be used in support of an oral presentation should be submitted to one of the HCPCS Public Meeting Coordinators. These materials may be delivered by regular mail (postmark date no later than deadline date) or by e-mail to one of the HCPCS Public Meeting Coordinators specified in the ADDRESSES section. Individuals will need to include 35 copies if materials are delivered by mail. B. Primary Speaker Presentations The individual or entity requesting revisions to the HCPCS coding system for a particular agenda item may designate one “primary speaker” to make a presentation for a maximum of 15 minutes. Fifteen minutes is the total time interval for the presentation, and the presentation must incorporate the demonstration, set-up, and distribution of material. In establishing the public meeting agenda, we may group multiple, related requests under the same agenda item. In that case, we will decide whether additional time will be allotted, and may opt to increase the amount of time allotted to the speaker by increments of less than 15 minutes. We will post “Guidelines for Participation in Public Meetings for All New Public Requests for Revisions to the Healthcare Common Procedure Coding System (HCPCS) Coding and Payment Determinations” on the official HCPCS Web site at least 1 month before the first public meeting in 2008 for all new public requests for revisions to the HCPCS. Individuals designated to be the primary speaker must register to attend the meeting using the registration procedures described under the “Meeting Registration” section of this notice, at least 15 days before the meeting, and contact one of the HCPCS Public Meeting Coordinators, specified in the ADDRESSES section. Primary speakers must also separately register as primary speakers by the date specified in the DATES section of this notice. C. “5-Minute” Speaker Presentations Meeting attendees can sign up at the meeting, on a first-come, first-served basis, to make 5-minute presentations on individual agenda items. Based on the number of items on the agenda and the progress of the meeting, a determination will be made at the meeting by the meeting coordinator and the meeting moderator regarding how many 5-minute speakers can be accommodated. D. Speaker Declaration On the day of the meeting, before the end of the meeting, all primary speakers and 5-minute speakers must provide a brief written summary of their comments and conclusions to the HCPCS Public Meeting Coordinator. The primary speakers and the 5-minute speakers must declare in their presentations at the meeting, as well as in their written summaries, whether they have any financial involvement with the manufacturers or competitors of any items or services being discussed; this includes any payment, salary, remuneration, or benefit provided to that speaker by the manufacturer or the manufacturer's representatives. E. Written Comments From Meeting Attendees

(1)Written comments will be accepted from the general public and meeting registrants anytime up to the date of the public meeting at which a request is discussed. Comments must be sent to the address listed in the ADDRESSES section of this notice.

(2)Meeting attendees may also submit their written comments at the meeting.

(3)Due to the close timing of the public meetings, subsequent workgroup reconsiderations, and final decisions, we are able to consider only those comments received in writing by the close of the public meeting at which the request is discussed. IV. Security, Building, and Parking Guidelines The meetings are held in a Federal government building; therefore, Federal security measures are applicable. In planning your arrival time, we recommend allowing additional time to clear security. In order to gain access to the building and grounds, participants must bring government-issued photo identification and a copy of your written meeting registration confirmation. Persons without proper identification will be denied access. Individuals who are not registered in advance will not be permitted to enter the building and will be unable to attend the meeting. The public may not enter the building earlier than 45 minutes before the convening of the meeting each day. Security measures will also include inspection of vehicles, inside and outside, at the entrance to the grounds and buildings. In addition, all persons entering the building must pass through a metal detector. All items brought to CMS are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, setup, safety, or timely arrival of any personal belongings or items used for demonstration or to support a presentation. Special arrangements and approvals are required in order to bring pieces of equipment or medical devices at least 2 weeks prior to each public meeting. These arrangements need to be made with the public meeting coordinator. It is possible that certain requests made in advance of the public meeting could be denied because of unique safety, security or handling issues related to the equipment. A minimum of 2 weeks is required for approvals and security procedures. Any request not submitted at least 2 weeks in advance of the public meeting will be denied. Parking permits and instructions are issued upon arrival by the guards at the main entrance. All visitors must be escorted by agency staff in order to enter areas other than the public areas on the lower and first-floor levels in the Central Building. Authority: Section 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 42 U.S.C. 1395hh). Dated: February 7, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-2837 Filed 2-21-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request *Proposed Projects:* *Title:* Application Requirements for the Low Income Home Energy Assistance Program (LIHEAP) Model Plan. *OMB No.:* 0970-0075. *Description:* States, including the District of Columbia, Tribes, tribal organizations and territories applying for LIHEAP block grant funds must submit an annual application (Model Plan) that meets the LIHEAP statutory and regulatory requirements prior to receiving Federal funds. A detailed application must be submitted every 3 years. Abbreviated applications may be submitted in alternate years. There have been no changes in the Model Plan. *Respondents:* State Governments, Tribal Governments, Insular Areas, the District of Columbia, and the Commonwealth of Puerto Rico. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours Detailed Model Plan 65 1 1 65 Abbreviated Model Plan 115 1 .33 38 *Estimated Total Annual Burden Hours:* 103. In compliance with the requirements of section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. E-mail address: *infocollection@acf.hhs.gov.* All requests should be identified by the title of the information collection. The Department specifically requests comments on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;

(c)the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Dated: February 14, 2008. Janean Chambers, Reports Clearance Officer. [FR Doc. 08-796 Filed 2-21-08; 8:45 am]

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