[Federal Register: March 19, 2004 (Volume 69, Number 54)]
[Notices]
[Page 13045-13046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr04-57]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services
[Document Identifier: Open Door]
Agency Information Collection Activities: March 29, 2004 Special
Open Door Listening Session--Proposed Collection--Comment Request for
Federal Reimbursement of Emergency Health Services Furnished to
Undocumented Aliens
AGENCY: Centers for Medicare and Medicaid Services, HHS.
In support of the requirement of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid
Services (CMS), Department of Health and Human Services, will be
holding an open door listening session to solicit input from the public
on the issues surrounding the implementation of recently enacted
legislation on Federal reimbursement of Emergency Health Services
Furnished to Undocumented Aliens.
Interested persons are invited to provide input on the development
of methods and procedures for implementing section 1011 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
regarding Federal reimbursement of emergency health services furnished
to undocumented aliens. The primary topics for consideration are: How
to obtain reliable information on the amount or volume of emergency
services provided to undocumented aliens; how to ensure that the
methods or procedures selected to implement this provision do not
impose requirements on providers that are inconsistent with their
EMTALA obligations; and, how to reliably determine or approximate
individual hospitals', physicians', or ambulance providers' un-
reimbursed costs for providing emergency care for undocumented aliens
without imposing costly and burdensome reporting and record-keeping
requirements. The format of an Open Door Listening Session is such that
there will not be an opportunity for CMS to directly respond to
individual comments, testimony, or questions posed.
DATES: The open door listening session announced in this notice will be
held on Monday, March 29, 2004, from 2 p.m. to 4 p.m., E.S.T. at the
CMS Baltimore Central Site campus.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1867 of the Social Security Act (EMTALA) requires a
hospital that has an emergency department to provide appropriate
medical screening to individuals who request examination or treatment
to determine whether or not an emergency medical condition exists. If
such a condition does exist, the hospital is required to stabilize the
condition and/or provide an appropriate transfer, regardless of the
individual's ability to pay for treatment.
Undocumented aliens are frequently unable to pay for the EMTALA-
required care they receive from hospitals and associated physician and
ambulance services
Section 1011 of the Medicare Modernization Act (Pub. L. 108-173)
provides $250 million per year for FY 2005-2008 for payments to
eligible providers for emergency health services for undocumented
aliens. Two-thirds of the funds will be divided among all 50 states
(and the District of Columbia) based on their relative percentages of
undocumented aliens. One-third will be divided among the six states
with the largest number of undocumented alien apprehensions. The data
used to identify these states will come from the Department of Homeland
Security.
The amounts of money set aside for each state will be paid directly
to eligible providers. The Secretary must directly pay hospitals,
physicians, and ambulance providers for the costs of providing
emergency health care required under EMTALA and related hospital
inpatient, outpatient, and ambulance services (including those operated
by the Indian Health Service
[[Page 13046]]
and Indian Tribes and Tribal organizations) to undocumented aliens.
Payments will be made quarterly and may be made based on advance
estimates with retrospective adjustments. The Secretary must establish
a process no later than September 1, 2004, for eligible providers to
request payments. The process must include measures to ensure that the
payments are not inappropriate, fraudulent, or excessive.
CMS will hold this special open door listening session to gather
your input related to the implementation of this new provision and to
allow interested parties to hear and be heard by other members of the
healthcare industry.
The primary topics for consideration are: how to obtain reliable
information on the amount or volume of emergency services provided to
undocumented aliens; how to ensure that the methods or procedures used
to implement this provision do not impose requirements on providers
that are inconsistent with their EMTALA obligations; and, how to
reliably approximate or determine individual hospitals', physicians' or
ambulance providers' un-reimbursed costs on providing emergency care
for undocumented aliens without imposing costly and burdensome
reporting and record keeping requirements.
II. Participation
We ask that all interested persons who wish to present their
information prepare to speak within a restricted time limit that will
depend upon the number of requests we receive by close of business
Wednesday, March 24th, 2004 (see RSVP information below). Telephone
call-in participants will be given an opportunity to speak as well, and
if necessary will be under similar time limitations.
CMS additionally requests that interested parties please prepare
their comments or input in written form and submit this information to
the same (RSVP) e-mail address as listed below. If not possible at the
time of RSVP, we request that you bring a hard copy of your written
material for collection at the meeting in Baltimore. There are two ways
to participate, by phone or in-person.
To participate by phone:
Dial: 1-800-837-1935 & Reference Conference ID: 614131
Persons participating by phone are not required to RSVP.
Note: TTY Communications Relay Services are available for the
Hearing Impaired. For TTY services dial 7-1-1 or 1-800-855-2880 and
for Internet Relay services click here http://www.consumer.att.com/relay/which/index.html.
A Relay Communications Assistant will help.
To participate in-person at the CMS Baltimore Site, an RSVP is
required.
To register, please RSVP (by close of business Wednesday, March 24,
2004) via e-mail to Section 1011@cms.hhs.gov if you plan to attend.
Please include the word ``Registration'' in the subject line of your
message, send us your name along with the name of your organization and
contact information, and indicate whether or not you plan to speak.
Please arrive no later than 1:30 p.m. Photo identification is
required at security points.
ADDRESSES: CMS Single Site Building, Auditorium, 7500 Security
Boulevard, Baltimore, MD 21244.
Map & Directions: http://cmsnet.cms.hhs.gov/hpages/ocsq/cmsdirections-north.htm
.
ENCORE: 1-800-642-1687; Conf. ID 614131
``Encore'' is a recording of this call that can be accessed by
dialing 1-800-642-1687 and entering the Conf. ID beginning on March 30,
2004. The recording expires after 4 days. For Forum Schedule updates,
Listserv registration and Frequently Asked Questions please visit our
Web site at http://www.cms.hhs.gov/opendoor/.
FOR FURTHER INFORMATION CONTACT: George Morey, (410) 786-4487, e-mail
address Section 1011@cms.hhs.gov (include the word ``Question'' in the
subject line of your message) or by fax (410) 786-9963.
Dated: March 16, 2004.
John P. Burke, III,
Paperwork Reduction Act Team Leader, Office of Strategic Operations and
Strategic Affairs, Division of Regulations Development and Issuances.
[FR Doc. 04-6271 Filed 3-18-04; 8:45 am]
BILLING CODE 4120-03-P