[Federal Register: August 24, 2007 (Volume 72, Number 164)]
[Notices]
[Page 48651-48652]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au07-77]
[[Page 48651]]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-1481-N4]
Medicare Program; Emergency Medical Treatment and Labor Act
(EMTALA) Technical Advisory Group (TAG) Meeting--September 17-18, 2007
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: This notice announces the seventh and final meeting of the
Emergency Medical Treatment and Labor Act (EMTALA) Technical Advisory
Group (TAG). In addition, this notice announces the selection of a new
member of the EMTALA TAG. The purpose of the EMTALA TAG is to review
regulations affecting hospital and physician responsibilities under
EMTALA to individuals who come to a hospital seeking examination or
treatment for medical conditions. The primary purpose of the seventh
meeting is to enable the EMTALA TAG to hear additional testimony, to
further consider written responses from medical societies and other
organizations on specific issues considered by the TAG at previous
meetings, and to finalize the recommendations for the Secretary.
However, the public is permitted to attend this meeting and, to the
extent that time permits and at the discretion of the Chairperson, the
EMTALA TAG may hear comments from the floor.
DATES: Meeting Date: The meetings of the EMTALA TAG announced in this
notice are to be held on the following dates:
Monday, September 17, 2007, 9 a.m. to 5 p.m. EST.
Tuesday, September 18, 2007, 9 a.m. to 5 p.m. EST.
Registration Deadline: All individuals must register in order to
attend this meeting. Individuals who wish to attend the meeting but do
not wish to present testimony must register by September 10, 2007.
Individuals who wish to attend the meeting and to present their
testimony must register by August 27, 2007 and must submit copies of
their testimony in writing by September 3, 2007. See section IV for
more detailed registration instructions.
Comment Deadline: Written comments/statements to be presented to
the EMTALA TAG must be received by September 3, 2007.
Special Accommodations: Individuals requiring sign-language
interpretation or other special accommodations should send a request
for these services to Eric Ruiz by 5 p.m. on September 3, 2007, at the
address listed below.
ADDRESSES: Meeting Address: The EMTALA TAG meeting will be held in Room
5051 of the Wilbur J. Cohen Building, 330 Independence Avenue, SW.,
Washington, DC 20201.
Mailing and E-mail Addresses for Inquiries or Comments: Inquiries
or comments regarding this meeting may be sent to--Eric Ruiz, Division
of Acute Care, Centers for Medicare & Medicaid Services, Mail Stop C4-
08-06, 7500 Security Boulevard, Baltimore, MD 21244-1850. Inquiries or
comments may also be e-mailed to
Eric.Ruiz@cms.hhs.gov or EMTALATAG@cms.hhs.gov.
Web Site Address for Additional Information: For additional
information on the EMTALA TAG meeting agenda topics, updated
activities, and to obtain Charter copies, please go to our Internet Web
site at (http://www.cms.hhs.gov/faca/07_emtalatag.asp).
FOR FURTHER INFORMATION CONTACT: Eric Ruiz (410) 786-0247. Renate
Rockwell (410) 786-4645. Press inquiries are handled through the CMS
Press Office at (202) 690-6145.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 1866(a)(1)(I), 1866(a)(1)(N), and 1867 of the Social
Security Act (the Act) impose specific obligations on Medicare-
participating hospitals that offer emergency services. These
obligations concern individuals who come to a hospital emergency
department and request or have a request made on their behalf for
examination or treatment for a medical condition. The Emergency Medical
Treatment and Labor Act (EMTALA) applies to all these individuals,
regardless of whether or not they are beneficiaries of any program
under the Act. Section 1867 of the Act sets forth requirements for
medical screening examinations for emergency medical conditions, as
well as necessary stabilizing treatment or appropriate transfer.
Regulations implementing the EMTALA legislation are set forth at 42
CFR 489.20(l), (m), (q) and (r) and 489.24. Section 945 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (MMA)
(Pub. L. 108-173), mandates that the Secretary establish a Technical
Advisory Group (TAG) for advice concerning issues related to EMTALA
regulations and implementation.
Section 945 of the MMA specifies that the EMTALA TAG--
Shall review the EMTALA regulations;
May provide advice and recommendations to the Secretary
concerning these regulations and their application to hospitals and
physicians;
Shall solicit comments and recommendations from hospitals,
physicians, and the public regarding implementation of such
regulations; and
May disseminate information concerning the application of
these regulations to hospitals, physicians, and the public.
The EMTALA TAG, as chartered under section 945 of the MMA, is also
governed by the provisions of the Federal Advisory Committee Act (FACA)
(5 U.S.C. Appendix 2) for the selection of members and the conduct of
all meetings.
In the May 28, 2004 Federal Register (69 FR 30654), we specified
the statutory requirements regarding the charter, general
responsibilities, and structure of the EMTALA TAG. That notice also
solicited nominations for members based on the statutory requirements
for the EMTALA TAG. In the August 27, 2004 Federal Register (69 FR
52699), we solicited nominations again for members in two categories
(patient representatives and a State survey agency representative) for
which no nominations were received in response to the May 28, 2004
Federal Register notice. Section 945(b) of the MMA specifies the
composition of the TAG. (For more information regarding the TAG
composition, see the May 28, 2004 Federal Register (69 FR 30655).
In the March 15, 2005 Federal Register (70 FR 12691), we announced
the inaugural meeting of the EMTALA TAG and the membership selection.
In the May 18, 2005 Federal Register (70 FR 28541), the September 23,
2005 Federal Register (70 FR 55903), the April 7, 2006 Federal Register
(71 FR 17888), the September 29, 2006 Federal Register (71 FR 57543),
and the March 23, 2007 Federal Register (72 FR 13803), we announced the
second, third, fourth, fifth, and sixth meetings of the EMTALA TAG,
respectively, with a purpose to hear public testimony and consider
written responses from medical societies and other organizations on
specific issues considered by the EMTALA TAG at its previous meetings.
The EMTALA TAG has established the following three subcommittees:
On-Call Subcommittee (Chairperson, John Kusske, M.D.)
charged with reviewing the testimony and other materials provided to
the TAG to identify some specific issues related to on-call
requirements.
[[Page 48652]]
Action Subcommittee (Chairperson, Julie Nelson, J.D.)
charged with identifying issues other than on-call issues.
Framework Subcommittee (Chairperson, Charlotte Yeh, M.D.)
charged with clarifying the historical context and conceptual basis for
the TAG's recommendations and developing a document for review and
approval by the TAG.
II. Meeting Format, Agenda, and Presentation Topics
A. Meeting Format
The initial portion of the meeting, which will convene at 9 a.m. on
September 17, will involve opening remarks and will be followed by a
limited period of public testimony on issues related to EMTALA and its
implementation. TAG members will have the opportunity to ask questions,
prioritize the topics presented, and to conduct other necessary
business. At the conclusion of each day's meeting, to the extent that
time is available and at the discretion of the Chairperson, the public
will be permitted a reasonable time to comment on issues being
considered by the TAG.
B. Tentative Meeting Agenda
The tentative agenda for the EMTALA TAG meetings is as follows:
Day 1
Convenes at 9 a.m.
Welcome, Call to Order, and Opening Remarks
Administrative and Housekeeping Issues
Public Testimony on Issues Related to EMTALA and Its
Implementation
Subcommitte Reports
Public Comment.
Day 2
Convenes at 9 a.m.
Subcommittee Reports (cont.)
Public Comment.
C. Public Presentations
Only individuals who register and submit written testimony as
specified in the SECURITY INFORMATION section of this notice will be
considered registered presenters. The time allotted for each
presentation will be approximately 5 minutes and will be based on the
number of registered presenters. Presenters will speak in their
assigned order. If registered presenters are not given an opportunity
to speak because of time restrictions, we will accept and present their
written testimony to the TAG members. Comments from other participants
(individuals who are not registered presenters) may be heard after the
scheduled testimonies, if time permits.
If there are individuals who cannot attend the meeting but wish to
submit comments/statements regarding issues related to the EMTALA TAG,
we will accept and present their written comments/statements at the
meeting if their comments/statements are received by postal mail or
email at the address listed in the ADDRESSES section of this notice by
September 3, 2007.
III. Registration Instructions
The Center for Medicare Management of CMS is coordinating meeting
registration. While there is no registration fee, all individuals must
register to attend due to limited seating. As specified in the DATES
section of this notice, individuals who wish to attend the meeting but
do not plan to present testimony must register by September 10, 2007.
Individuals who would like both to attend and to present testimony on
issues relating to the EMTALA TAG must register by August 27, 2007 and
must state specifically in their registration request that they wish to
present testimony for EMTALA TAG consideration. A copy of the
presenter's written testimony must be received by CMS at the address
specified in the ADDRESSES section of this notice by September 3, 2007.
You may register by sending an e-mail to Marianne Myers at
Marianne.Myers@cms.hhs.gov, by fax to the attention of Marianne Myers
at (410) 786-0681, or by telephone at (410) 786-5962. All registration
requests must include your name, name of the organization (if
applicable), address, telephone and fax numbers, e-mail address (if
available). Individuals will receive a registration confirmation with
instructions for your arrival at the Wilbur J. Cohen Building. If
seating capacity has been reached, registrants will be notified that
the meeting has reached capacity. All registrants are asked to arrive
at the Wilbur J. Cohen Building no later than 20 minutes before the
scheduled starting time of each meeting session they wish to attend.
IV. Security Information
Since this meeting will be held in a Federal government building,
Federal security measures are applicable. As noted above, in planning
your arrival time, we recommend allowing additional time to clear
security. In order to gain access to the building, participants must
bring a government-issued photo identification such as a driver's
license or a passport and a copy of your registration information for
the meeting. Access may be denied to persons without proper
identification.
All persons entering the building must pass through a metal
detector. In addition, all items brought to CMS, whether personal or
for the purpose of demonstration or to support a presentation, are
subject to inspection. We cannot assume responsibility for coordinating
the receipt, transfer, transport, storage, set-up, safety, or timely
arrival of any personal belongings or items used for demonstration or
to support a presentation.
V. Selection of New EMTALA TAG Member
In the March 15, 2005 Federal Register (70 FR 12691), we announced
the EMTALA TAG membership. One of those original members, a hospital
representative, is unable to complete his term of service. In selecting
a replacement, the TAG must maintain the member composition described
in section 945(b) of the MMA. We note that section 945(b)(1) of the MMA
specifies that: ``4 [members of the TAG] shall be representatives of
hospitals.'' For this reason and to ensure that the concerns of
hospitals are appropriately considered during TAG deliberations,
another hospital representative has been selected to serve as a member
of the TAG. The new member is Rachel Seifert of Community Health
Systems in Franklin, Tennessee.
Authority: Section 945 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (MMA).
Dated: August 16, 2007.
Herb Kuhn,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E7-16583 Filed 8-23-07; 8:45 am]
BILLING CODE 4120-01-P