[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Notices]
[Pages 1389-1390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-644]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
[BPD-854-NC]
Medicare and Medicaid Programs; Announcement of Applications From
Hospitals Requesting Waivers for Organ Procurement Service Area
AGENCY: Health Care Financing Administration (HCFA), HHS.
ACTION: Notice with comment period.
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SUMMARY: In accordance with the Social Security Amendments of 1994,
this notice announces applications received from hospitals requesting
waivers from dealing with their designated area organ procurement
organizations (OPOs). Effective January 1, 1996, a hospital is required
to have an agreement with the OPO designated for the area in which it
is located unless granted a waiver to have an agreement with an
alternative OPO. This notice requests comments from OPOs and the
general public for consideration by us in determining whether such a
waiver should be granted.
DATES: Written comments will be considered if we receive them at the
appropriate address, as provided below, no later than 5 p.m. on March
19, 1996.
ADDRESSES: Mail written comments (one original and three copies) to the
following address: Health Care Financing Administration, Department of
Health and Human Services, Attention: BPD-854-NC, P.O. Box 7517,
Baltimore, MD 21244-0517.
[[Page 1390]]
If you prefer, you may deliver your written comments (one original
and three copies) to one of the following addresses:
Room 309-G, Hubert H. Humphrey Building, 200 Independence Avenue SW.,
Washington, DC 20201, or
Room C5-09-26, 7500 Security Boulevard, Baltimore, MD 21244-1850.
Because of staffing and resource limitations, we cannot accept
comments by facsimile (FAX) transmission. In commenting, please refer
to file code BPD-854-NC. Comments received timely will be available for
public inspection as they are received, generally beginning
approximately 3 weeks after publication of a document, in Room 309-G of
the Department's offices at 200 Independence Avenue SW., Washington,
DC, on Monday through Friday of each week from 8:30 a.m. to 5 p.m.
(phone: (202) 690-7890).
FOR FURTHER INFORMATION CONTACT: Mark A. Horney, (410) 786-4554.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1138 of the Social Security Act (the Act) provides that a
hospital or rural primary care hospital that participates in the
Medicare or Medicaid programs must establish written protocols for the
identification of potential organ donors. Section 155 of the Social
Security Amendments of 1994 (SSA '94) (Public Law 103-432) amended
section 1138 of the Act to require that effective January 1, 1996, a
hospital may have an agreement concerning organ procurement only with
its designated Organ Procurement Organization (OPO) unless it obtains a
waiver from the Secretary that would allow the hospital to have an
agreement with a different OPO. This section also provides that any
hospital that had an agreement with an out-of-area OPO on the date of
enactment, October 31, 1994, must submit a waiver request to the
Secretary by January 1, 1996, if it wishes to retain the agreement. The
existing agreement would remain in effect pending the Secretary's
determination.
The law further states that in granting a waiver for an out-of-area
agreement, the Secretary must determine that such a waiver: (1) Would
be expected to increase donation; and (2) will assure equitable
treatment of patients referred for transplants within the service area
served by the designated OPO and within the service area served by the
out-of-area OPO. In making a waiver determination, the Secretary may
consider, among other factors: (1) cost effectiveness; (2) improvements
in quality; (3) whether there has been any change in a hospital's
designated OPO service area due to definition of metropolitan
statistical areas (MSA); and (4) the length and continuity of a
hospital's relationship with the out-of-area OPO. Under section
1138(a)(2)(D) of the Act, the Secretary is required to publish a notice
of any waiver applications within 30 days of receiving the application
and offer interested parties an opportunity to comment in writing
within 60 days of the published notice.
II. Hospital Requests for Waiver
In October 1995, we issued a Program Memorandum (Transmittal No. A-
95-11) that has been supplied to each hospital. This Program Memorandum
detailed the waiver process and discussed the information that may be
provided by hospitals requesting a waiver. As required by law, we
indicated that upon receipt of the waiver requests, we would publish a
notice to solicit comments.
Upon receipt of the comments, we will review the request and
comments received. During the review process, we may consult on an as
needed basis with parties other than those that submitted comments
including the Public Health Service's Division of Transplantation, the
United Network for Organ Sharing, and HCFA regional offices. If
necessary, we may also request additional clarifying information from
the applying hospital. It should be noted that there is no time limit
upon which we must complete our review. We then will make a
determination on the waiver requests and notify the affected hospitals
and OPOs.
III. Hospitals Requesting Waivers
To date, we have received waiver applications from the following
hospitals:
Hospital Name: West Florida Regional Medical Center
City & State: Pensacola, FL
Requested OPO: Alabama Organ Center
City & State: Birmingham, AL
Designated OPO: University of Florida
City & State: Gainesville, FL
Hospital Name: Singing River Hospital System
City & State: Pascagoula, MS
Requested OPO: Alabama Organ Center
City & State: Birmingham, AL
Designated OPO: Mississippi Organ Recovery Agency
City & State: Jackson, MS
Hospital Name: Jefferson Memorial Hospital
City & State: Ranson, WV
Requested OPO: Virginia's Organ Procurement Agency
City & State: Midlothian, VA
Designated OPO: Center Organ Recovery & Education
City & State: Pittsburgh, PA
Hospital Name: City Hospital
City & State: Martinsburg, WV
Requested OPO: Virginia's Organ Procurement Agency
City & State: Midlothian, VA
Designated OPO: Center Organ Recovery & Education
City & State: Pittsburgh, PA
Hospital Name: Princeton Community Hospital
City & State: Princeton, WV
Requested OPO: Virginia's Organ Procurement Agency
City & State: Midlothian, VA
Designated OPO: Center Organ Recovery & Education
City & State: Pittsburgh, PA
Hospital Name: Fort Walton Beach Medical Center
City & State: Ft. Walton Beach, FL
Requested OPO: Alabama Organ Center
City & State: Birmingham, AL
Designated OPO: University of Florida
City & State: Gainesville, FL
Hospital Name: Baylor Medical Center at Grapevine
City & State: Grapevine, TX
Requested OPO: Southwest Organ Bank
City & State: Dallas, TX
Designated OPO: Life Gift Organ Donation Center
City & State: Houston, TX
Hospital Name: St. Joseph Regional Health Center
City & State: Bryan, TX
Requested OPO: Southwest Organ Bank
City & State: Dallas, TX
Designated OPO: Life Gift Organ Donation Center
City & State: Houston, TX
Authority: Section 1138 of the Social Security Act (42 U.S.C.
1320b-8).
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical
Assistance Program; No. 93.773 Medicare--Hospital Insurance Program;
and No. 93.774, Medicare--Supplementary Medical Insurance Program)
Dated: November 30, 1995.
Bruce C. Vladeck,
Administrator, Health Care Financing Administration.
[FR Doc. 96-644 Filed 1-17-96; 8:45 am]
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