97-2087. Medicare and Medicaid Programs; Small Business Innovation Research Grants for Fiscal Year 1997  

  • [Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
    [Notices]
    [Pages 4305-4311]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-2087]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    [ORD-089-N]
    
    
    Medicare and Medicaid Programs; Small Business Innovation 
    Research Grants for Fiscal Year 1997
    
    AGENCY: Health Care Financing Administration (HCFA), HHS.
    
    ACTION: Notice.
    
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    SUMMARY: This notice announces the availability of HCFA funding, 
    through grants, for small businesses under the Small Business 
    Innovation Research (SBIR) Program. This notice contains information 
    about the subject areas for grants that will be given priority, 
    application requirements, review procedures, and other relevant 
    information.
    
    DATES: Grant applications must be submitted by April 29, 1997, in order 
    to be considered under the fiscal year (FY) 1997 annual funding cycle.
    
    ADDRESSES: Standard application forms and related instructions are 
    available from and must be formally submitted to: HCFA Grants Officer, 
    Office of Acquisition and Grants, Health Care Financing Administration, 
    7500 Security Boulevard, C2-21-15, Baltimore, MD 21244-1856, (410) 786-
    5701.
    
    FOR FURTHER INFORMATION CONTACT: Carl Hackerman, (410) 786-6644. 
    Internet: Chackerman@hcfa.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Small Business Innovation Research Program
    
        The Small Business Innovation Development Act of 1982 (Public Law 
    97-219, enacted on July 22, 1982), as amended by the Small Business 
    Innovation Research Program Extension (Public Law 99-443, enacted on 
    October 6, 1986), the Small Business Administration Reauthorization and 
    Amendment Act of 1988 (Public Law 100-590, enacted on November 3, 
    1988), the Small Business Research and Development Enhancement Act of 
    1992 (Public Law 102-564, enacted on October 28, 1992), and the Small 
    Business Administration Reauthorization Act of 1994 (Public Law 104-
    403, enacted on October 2, 1994), (15 U.S.C. 638(e) through (m)), 
    requires Federal agencies to reserve a specific amount of their 
    extramural research and budgets for a Small Business Innovation 
    Research (SBIR) Program. This SBIR Program is intended to--
          Stimulate technological innovation;
          Use small business to meet Federal research and 
    demonstrations (``R & D'') needs;
          Increase private sector commercialization of innovations 
    derived from Federal R & D; and
          Foster and encourage participation by minority and 
    disadvantaged persons in technological innovation.
        The principal purpose of HCFA's SBIR Program is to provide 
    assistance to creative applicants so that innovation can be encouraged 
    that will result in better health care.
    
    A. SBIR Program Phases, Award Amounts, and Period of Support
    
        The SBIR Program consists of the following three phases:
    Phase I
        The objective of this phase is to establish the technical merit and 
    feasibility of proposed research or Research and Demonstrations efforts 
    and to determine the quality of performance of the small business 
    awardee organization before furnishing further Federal support in Phase 
    II. Phase I awards will be approximately $50,000 (for both direct and 
    indirect costs) for a period not to exceed 12 months.
    Phase II
        The objective of this phase is to continue the research or R & D 
    efforts initiated in Phase I and to actually create the proposed 
    product and test it before marketing. Funding is based on the results 
    of Phase I and technical merit of the Phase II application, including 
    its potential for commercialization. (Only Phase I awardees are 
    eligible to apply for Phase II funding.) Phase I awardees are eligible 
    to apply for Phase II funding only from the Federal agency that 
    supported their Phase I project. Phase II awards will be approximately 
    $100,000 to 150,000 (for both direct and indirect costs) for a period 
    normally not to exceed 12 months.
    Phase III
        The objective of this phase, if appropriate, is for the small 
    business concern to pursue with non-Federal funds the commercialization 
    of the results of the research or R & D in Phases I and II.
        The purpose of this notice is to invite Phase I and II grant 
    applications from for-profit domestic small business concerns that have 
    the expertise to develop or further develop innovative technology. This 
    technology should be compatible with the general mission of HCFA and 
    contribute to the health care field. HCFA is responsible for the 
    Medicare program, Federal participation in the Medicaid program, and 
    related health care quality assurance programs. HCFA's mission is to 
    promote the timely delivery of appropriate quality health care to its 
    Medicare beneficiaries and Medicaid recipients--over 70 million of the 
    nation's aged, disabled, and poor. HCFA must also ensure that Medicare 
    beneficiaries and Medicaid recipients are aware of the services for
    
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    which they are eligible. In addition, HCFA must ensure that those 
    services are accessible and of high quality.
        In carrying out its mission, HCFA conducts studies and projects 
    that examine and demonstrate payment, coverage, eligibility, and 
    management alternatives to the present programs. HCFA also studies the 
    impact of HCFA programs on health care costs, program expenditures, 
    beneficiary and recipient access to services, health care providers, 
    and the health care segment of the American economy.
        In addition, HCFA monitors national health care expenditures and 
    prices and provides analyses of the costs of current programs, as well 
    as the impact of possible legislative or administrative changes in the 
    programs. HCFA's Office of Research and Demonstrations (ORD) is 
    responsible for the technical aspects of the SBIR Program described in 
    this section.
        This notice outlines the eligibility requirements for organizations 
    wishing to participate in the HCFA SBIR Program and the research grant 
    application and review processes. It also provides both general program 
    information as well as specific research topics and subtopics that may 
    be of interest to small business concerns.
        Although areas of special programmatic interest or priority are 
    described in section VII. of this notice, we will consider grant 
    applications in any area within the field of health care research and 
    demonstrations unless otherwise specifically excluded. However, we are 
    not generally interested in funding the biomedical or clinical projects 
    that more appropriately fit the mission of the National Institutes of 
    Health.
    
    B. Eligibility
    
        Each organization submitting a grant application under our SBIR 
    Program must qualify as a small business concern. ``Small business 
    concern'' is defined in section II.F. of this notice. In determining 
    whether an applicant is a small business concern, an assessment will be 
    made of several factors, including whether it is organized for profit, 
    whether it is independently owned and operated, and whether it meets 
    the size requirement of 500 or fewer employees. Whether the size 
    requirement is met may depend on whether the applicant organization is 
    affiliated with another organization whose employees, when added to 
    those of the applicant organization, exceed 500. In conducting this 
    assessment, all appropriate factors will be considered, including 
    common ownership, common management, and contractual relationships.
        Affiliation exists when one concern controls or has the power to 
    control the other, or there is third party control, or an identity of 
    interest between or among parties exists so that affiliation may be 
    found. Control may be affirmative or negative, and it is immaterial 
    whether it is exercised so long as the power to control exists. Indeed, 
    control can arise from a variety of circumstances. One example of a 
    circumstance that could lead to a finding that an organization is 
    controlling, or has the power to control, another organization is the 
    sharing of common office space, employees, or other facilities (for 
    example, laboratory space). Although access to special facilities or 
    equipment in another organization is permitted (as in cases in which 
    the SBIR applicant has entered into a subcontractual agreement with 
    another institution for a specific, limited portion of the research 
    project), research space occupied by an SBIR applicant must be space 
    that is not generally shared with another organization and over which 
    the applicant has exclusive control. When there is an indication of 
    sharing of common employees, a determination will be made on a case-by-
    case basis of whether the sharing constitutes control or the power to 
    control.
        Additionally, control or the power to control is generally 
    considered to exist when ``key employees of one concern organize a new 
    concern and serve as its officers, directors, principal stockholders, 
    and/or key employees, and the one concern is furnishing or will furnish 
    the other concern with subcontracting financial or technical 
    assistance, bid or performance bond indemnification, and/or other 
    facilities, whether for a fee or otherwise.'' Affiliation can also 
    arise between or among two or more persons when an identity of interest 
    exists, such as members of the same family or persons with common 
    investments in more than one concern.
        All SBIR grant applications will be reviewed with the above 
    considerations in mind. Organizations considering submitting an 
    application are referred to the SBA's SBIR Program Policy Directive 
    published in the Federal Register on January 26, 1993 (58 FR 6144) and 
    to the regulations set forth at 13 CFR part 121 for further guidance 
    regarding eligibility. In particular, to determine whether affiliation 
    exists, the applicant should also refer to 13 CFR 121.401 for the 
    definition of affiliation, which will be used as HCFA's guide on this 
    matter. If it appears that an applicant organization does not meet 
    eligibility requirements with respect to size, HCFA will request a size 
    determination of the organization from the applicable Small Business 
    Administration (SBA) regional office. The review of the application may 
    be deferred until a definitive response is furnished by SBA.
        Of particular concern in considering grant awards is the position 
    of principal investigator. We wish to ensure that support is furnished 
    to a carefully directed working group led by an individual personally 
    committed to the development of the innovation. Accordingly, we are 
    adopting the ``principal investigator'' concept from 42 CFR part 52. 
    These regulations define the term ``principal investigator'' to mean 
    ``a single individual designated by the grantee in the grant 
    application * * * who is responsible for the scientific and technical 
    direction of the project'' (42 CFR 52.2). In order to meet this 
    standard, the principal investigator's primary employment must be with 
    the grantee at the time of the award and remain so for the duration of 
    the project. Primary employment means that more than one-half of the 
    principal investigator's time is spent in the employment of the small 
    business concern. Primary employment with a small business concern 
    precludes full-time employment at another organization.
        In accordance with SBA's SBIR Program Policy Directive published in 
    the Federal Register on January 26, 1993 (58 FR 6144), we have further 
    restricted the definition of primary employment of the principal 
    investigator to accurately reflect HCFA's needs. The applicant must 
    declare the principal investigator's employment, whether paid or 
    unpaid, at the time of application, and must declare all employment 
    relationships, whether paid or unpaid, that the principal investigator 
    is expected to have at the time the SBIR grant awards are expected to 
    be made and for the duration of the proposed project. In the event 
    that, at the time of application, the principal investigator (1) is, or 
    expects to be, a less-than-full-time employee of the small business 
    concern; (2) is, or expects to be, concurrently employed by another 
    organization; or (3) gives, or expects that he or she may give, the 
    appearance of being concurrently employed by another organization, 
    whether for a paid or unpaid position, it is essential that 
    documentation be submitted with the application to verify the 
    applicant's eligibility at the time of the award. Thus, if the 
    principal investigator is also employed or appears to be employed by an 
    institution other
    
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    than the applicant organization (for example, a university, nonprofit 
    research institute, or a company other than the applicant 
    organization), a letter must be furnished by the nonapplicant 
    organization confirming that the principal investigator, if awarded an 
    SBIR grant, is, or will become, a less-than-half-time employee of the 
    organization and will remain so for the duration of the SBIR project. 
    If the principal investigator is employed by a university, the letter 
    must be furnished by the dean of the school or the departmental 
    chairperson. If the principal investigator is employed by another for-
    profit organization, the letter must be signed by a corporate official. 
    This documentation of the primary employment of the principal 
    investigator is required for every application that is submitted, even 
    one that is a revision of a previously submitted application. In the 
    event that solicitation of this documentation would place the principal 
    investigator's current employment in jeopardy should the grant award 
    not be made, the applicant may delay submission of the documentation, 
    provided the documentation is submitted no later than 30 days after 
    receiving notice of a grant award, and provided that the applicant 
    includes a statement with the grant application to the effect that 
    solicitation of the documentation at this time would place the 
    principal investigator's current employment in jeopardy, that the 
    applicant will forward the documentation within 30 days of receiving 
    notice of a grant award, and that the applicant understands that should 
    it fail to provide the documentation, we may, at our discretion, 
    immediately suspend or terminate the grant. If the principal 
    investigator fails to furnish adequate documentation, the application 
    may be returned without review. In the event a grantee is required to 
    submit documentation of the principal investigator's employment, but 
    fails to do so within 30 days of the date of the notice of grant award, 
    we may immediately suspend or terminate the grant.
        For both Phase I and Phase II, the research or R & D must be 
    performed in its entirety in the United States (U.S.), that is, the 
    States, territories, and possessions of the U.S.; the Commonwealths of 
    Puerto Rico and the Northern Mariana Islands; and the District of 
    Columbia.
    
    II. Definitions
    
        The words and phrases that appear on the SBIR application form, or 
    are needed in the application narrative, are not readily defined. 
    Therefore, for convenience and clarity, we have furnished the following 
    definitions, which, except as noted, are taken from SBA's SBIR Program 
    Policy Directive that implements this program and was published on 
    January 26, 1993, in the Federal Register (58 FR 6144). This policy 
    directive requires an agency to define in a separate section whatever 
    terms it uses that are unique to either the SBIR Program, a specific 
    SBIR solicitation, or a portion of the solicitation. The section must 
    also include, at a minimum, specific terms as defined in the policy 
    directive. Accordingly, in addition to the terms required by the policy 
    directive, we are also defining the terms ``Contract'' and ``Grant'' 
    and including the policy directive's definition of the term ``Research 
    and Development.''
    
    A. Contract
    
        A ``contract'' is an award instrument establishing a binding legal 
    procurement relationship between a funding agency and the recipient, 
    obligating the latter to furnish an end product or service and binding 
    the agency to furnish payment for the product or service.
    
    B. Grant
    
        A ``grant'' is a financial assistance mechanism whereby either 
    money or direct assistance, or both, is furnished to carry out approved 
    activities.
    
    C. Socially and Economically Disadvantaged Individual
    
        In accordance with the Small Business Administrations definitions 
    (13 CFR Part 124), a ``socially and economically disadvantaged 
    individual'' is defined as a member of any of the following groups:
         Asian-Pacific Americans
         Black Americans
         Hispanic Americans
         Native Americans
         Subcontinent Asian Americans
    
    D. Socially and Economically Disadvantaged Small Business Concern
    
        A ``socially and economically disadvantaged'' small business 
    concern is one--
         In which at least 51 percent is owned by one or more 
    socially and economically disadvantaged individuals or, in the case of 
    any publicly owned business, at least 51 percent of the voting stock is 
    owned by one or more socially and economically disadvantaged 
    individuals; and
         Whose management and daily business operations are 
    controlled by one or more of the individuals.
    
    E. Research and Development
    
         Research and Development'' or Research and Demonstrations 
    is defined as any activity that is--
         A systematic, intensive study directed toward greater 
    knowledge or understanding of the subject studies;
         A systematic study directed specifically toward applying 
    new knowledge to meet a recognized need; or
         A systematic application of knowledge toward the 
    production of useful materials, devices, and systems or methods, 
    including design, development, and improvement of prototypes and new 
    processes to meet specific requirements.
    
    F. Small Business Concern
    
        At the time of award of Phase I and of Phase II, a ``small business 
    concern'' is one that--
         Is organized for profit, independently owned and operated, 
    not dominant in the field of operation in which it is proposing, and 
    has its principal place of business located in the U.S.;
         Is at least 51 percent owned or, in the case of a publicly 
    owned business, at least 51 percent of its voting stock is owned by 
    U.S. citizens or lawfully admitted permanent resident aliens; and
         Has, including its affiliates (``affiliation'' is defined 
    in 13 CFR 121.401), a number of employees (as defined in 13 CFR 
    121.407) not exceeding 500, and meets the other small business concern 
    size regulation requirements found in 13 CFR 121. Business concerns, 
    other than investment companies licensed, or State development 
    companies qualifying, under the Small Business Investment Act of 1958 
    (15 U.S.C. 661 et seq.), are affiliates of one another when either 
    directly or indirectly (1) one concern controls or has the power to 
    control the other, (2) a third party or parties controls or has the 
    power to control both, or (3) an identity of interest between or among 
    parties exists so that affiliation may be found. Control can be 
    exercised through common ownership, common management, and contractual 
    relationships. Business concerns include, but are not limited to, any 
    individual, partnership, corporation, joint venture, association, or 
    cooperative.
    
    G. Subcontract
    
        A ``subcontract'' is any agreement, other than one involving an 
    employer-employee relationship, entered into by a Federal government 
    funding agreement awardee calling for supplies or services
    
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    required solely for the performance of the original funding agreement.
    
    H. Women-Owned Small Business Concern
    
        A ``women-owned small business concern'' is a business that is at 
    least 51 percent owned, controlled, and operated by a woman or women. 
    ``Control'' is defined as exercising the power to make policy 
    decisions; ``operate'' is defined as being actively involved in the 
    day-to-day management.
    
    III. Preparation of Grant Applications
    
        The forms and instructions will be supplied to the applicant by the 
    HCFA Grants Officer (see the ADDRESSES section of this notice) and are 
    designed for use in applying for SBIR Phase I or Phase II research 
    grants. The instructions contain the SBA policy directive's guidelines 
    on proposal content and limitations.
        Potential applicants are encouraged to contact the SBIR Coordinator 
    (see the FOR FURTHER INFORMATION CONTACT section of this notice) for 
    preapplication technical assistance and for more specific information 
    on the research topics described in section VII. of this notice.
        Health science research literature is available at academic and 
    health science libraries and Regional Medical Libraries through a 
    network supported by the National Library of Medicine. A list of 
    Regional Medical Libraries and information about network services may 
    be requested from the Public Information Office, National Library of 
    Medicine, Bethesda, MD 20894, telephone (301) 496-6308.
        Other sources that provide technology search and document services 
    include the organizations listed below. They should be contacted 
    directly for service and cost information.
    
    National Technical Information Service
        5285 Port Royal Road
        Springfield, VA 22161
        (703) 487-4600
    NASA Industrial Applications Center
        University of Pittsburgh
        701 LIS Building
        Pittsburgh, PA 15280
        (412) 624-5211
    North Carolina Science and Technology Research Center
        Post Office Box 12235
        Research Triangle Park, NC 27709
        (919) 549-0671
    NASA/Florida State Technology Applications Center
        State University
        System of Florida, 500 Well Hall
        Gainesville, FL 32611
        (904) 392-6626
    NASA/UK Technology
        University of Kentucky
        109 Kinkead Hall
        Lexington, KY 40506
        (606) 257-6322
    Aerospace Research Applications Center
        611 N. Capitol Avenue
        Indianapolis, IN 46204
        (317) 262-5003
    Kerr Industrial Applications Center
        Southeastern Oklahoma State
        University Durant, OK 74701
        (405) 924-6822
    
    IV. Submission of Grant Applications
    
        Grant applications must be submitted to the HCFA Grants Officer 
    (see the ADDRESSES section of this notice).
        Applications must be postmarked by April 29, 1997. Applications 
    mailed through the U.S. Postal Service or a commercial delivery service 
    will be ``on time'' if they are received or postmarked on or before 
    April 29, 1997. Submissions by facsimile (fax) transmission will not be 
    accepted. Applications that do not meet the above criteria will be 
    considered late applications. Respondents are cautioned that if their 
    application is late, it will be returned without review.
    
    V. Method of Selection and Evaluation Criteria
    
        All Phase I and Phase II grant applications will be evaluated and 
    judged on a competitive basis. Applications will be screened, and those 
    found to be inadequate for review or programmatically unrelated to 
    HCFA's mission will be returned to the applicant. Those passing the 
    screening will be reviewed for technical merit. Each application will 
    be judged individually, as described in this section. HCFA is under no 
    obligation to fund any application or make any specific number of 
    awards in a given topic area. It may also elect to fund no projects 
    within a given topic area.
    
    A. Review Process
    
        Grant applications are subject to a review process involving two 
    sequential steps. The first step is performed by a technical review 
    panel composed primarily of Federal and non-Federal professionals 
    selected for their competence in particular fields. The task of the 
    panel is to evaluate applications for technical merit. The reviewers 
    furnish a number rating, make an overall recommendation, and, on 
    occasion, make highly specific recommendations related to the scope, 
    direction, and conduct of the proposed research. The second level of 
    review is made by the senior management of HCFA's ORD. ORD management 
    decisions are based on judgments about not only the technical merit of 
    the proposed research, but also its relevance to our mission. 
    Generally, HCFA may award a grant only if the corresponding application 
    has been recommended for approval by the panel. However, applications 
    recommended for approval are not automatically funded.
    
    B. Review Criteria
    
         In considering the technical merit of each application, 
    the following criteria and weights will be used:
         The soundness and technical merit of the proposed 
    approach--35 percent.
         The potential of the research for technological innovation 
    including the potential for commercial application--30 percent.
         The qualifications of the proposed principal investigator, 
    support staff, and consultant--20 percent.
         The appropriateness of the budget--10 percent.
         The adequacy and suitability of the facilities and 
    research environment--5 percent.
    
    C. Funding Decisions
    
        When making funding decisions, ORD takes into consideration the 
    following: (1) Ratings resulting from the technical evaluation process, 
    (2) program relevance, and (3) applications.
    
    D. Release of Grant Application Review Information
    
        Following decisions on grant applications, their summary statements 
    are mailed with a disapproval letter to principal investigators whose 
    proposals have not been accepted.
    
    E. Submission of Similar Grant Applications by the Applicant 
    Organization
    
        HCFA discourages the submission of more than one grant application 
    submitted by the same applicant organization with essentially the same 
    research focus: That is, a product or technology that, with 
    nonsubstantive modifications, can be applied to a variety of purposes. 
    In evaluating groupings of applications with a common focus or 
    objective, technical review groups are in a position to easily identify 
    multiple grant applications from the same organization for essentially 
    the same project. In these cases, HCFA will give funding consideration 
    to only one application.
    
    VI. Considerations
    
        SBA's SBIR Program Policy Directive (58 FR 6144) specifies that we 
    furnish the following information:
    
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    A. Awards
    
         There will be approximately 10 to 15 Phase I and/or Phase 
    II awards in FY '97.
          The SBA Program Policy Directive permits the payment of a 
    reasonable fee or profit under the SBIR program.
    
    B. Reports
    
        The grantee organization will be required to submit semi-annual 
    progress reports, a complete draft final report, and a final report. 
    Additionally, a financial status report (SF-269A) must be submitted to 
    the HCFA Grants Officer annually. The award will specify the schedule 
    for these reports and place of delivery.
    
    C. Payment Schedule
    
        Once an SBIR grant is awarded, the grantee organization will 
    receive information and forms regarding requests for cash, manner of 
    payment, and associated reporting requirements. Payment may be made on 
    a cost-reimbursement or advance basis. Cost reimbursements may be 
    requested monthly, quarterly, or at other periodic intervals. Advance 
    payments may be requested on a monthly basis only.
    
    D. Limited Rights Information and Data
    
    1. Proprietary Information
        Information contained in an unfunded grant application will remain 
    the property of the applicant. HCFA may, however, retain copies of all 
    applications.
        If proprietary information is provided by a proposer in a proposal 
    that constitutes a trade secret, proprietary, commercial or financial 
    information, confidential personal information or data affecting the 
    national security, it will be treated in confidence, to the extent 
    permitted by law, provided this information is clearly marked by the 
    proposer with the term ``confidential proprietary information'' and 
    provided the following legend appears on the title page of the 
    proposal:
    
        For any purpose other than to evaluate the proposal, this data 
    shall not be disclosed outside the government and shall not be 
    duplicated, used, or disclosed in whole or in part, provided that if 
    a funding agreement is awarded to this proposer as a result of or in 
    connection with the submission of this data, the government shall 
    have the right to duplicate, use, or disclose the data to the extent 
    provided in the funding agreement. This restriction does not limit 
    the government's right to use information contained in the data if 
    it is obtained from another source without restriction. The data 
    subject to this restriction are contained in pages ________ of this 
    proposal.
    
        Any other legend may be unacceptable to the Federal government and 
    may constitute grounds for removing the proposal from further 
    consideration and without assuming any liability for inadvertent 
    disclosure. The government will limit dissemination of the information 
    to official channels only.
    2. Title to Property
        Title to real property, equipment, and supplies acquired by a for-
    profit recipient under a financial assistance award or subaward will 
    vest, upon acquisition, in the Federal government. However, the title 
    may be transferred to the awardee upon termination of the project if 
    the transfer would be more cost-effective than our recovery of the 
    property. It is recommended that applicants consider leasing 
    arrangements whenever possible. HCFA will generally not fund projects 
    that require the acquisition of real property, equipment, or supplies.
    3. Rights in Data Developed Under the SBIR Grant
        Rights in data, including software developed under the terms of any 
    grant resulting from an application submitted in response to this 
    notice, will remain with the grantee, except that the Federal 
    government will have the limited right to use the data for internal 
    Federal government purposes. These data will not be released outside 
    the Federal government without permission of the grantee for a period 
    of 4 years from completion of the project from which the data were 
    generated. However, at the end of this 4-year period a royalty-free 
    license will exist for HCFA to use, and to authorize others to use on 
    its behalf, these data for Federal government purposes. At this time, 
    HCFA is also relieved of all disclosure prohibitions and assumes no 
    liability for unauthorized use of these data by third parties. This 
    notice will be affixed to any reproductions of these data, in whole or 
    in part.
    4. Copyrights
        With prior written permission of the Grants Officer, the awardee 
    may normally copyright and publish (consistent with appropriate 
    national security considerations, if any) material developed with 
    HCFA's support. HCFA receives a royalty-free license for the Federal 
    government and requires that each publication contain an appropriate 
    acknowledgment of agency support and a disclaimer statement.
    5. Patents
        Small business concerns may normally retain the principal worldwide 
    patent rights to any invention developed with HCFA support. The Federal 
    government receives a royalty-free license for Federal government use, 
    reserves the right to require the patentholder to license others in 
    certain circumstances, and requires that anyone exclusively licensed to 
    sell the invention in the U.S. must normally manufacture it 
    substantially in the U.S. To the extent authorized by 35 U.S.C. 205, 
    the government will not make public any information disclosing a 
    government-supported invention for a 4-year period to allow the awardee 
    a reasonable time to pursue a patent.
    
    E. Profit or Fee
    
        Absent a statutory prohibition, payment of a reasonable fee or 
    profit will be made under the SBA's SBIR Program Policy Directive (58 
    FR 6144). Because the regulations set forth at 45 CFR 74.705, which 
    provide that no profit or fee will be furnished to for-profit 
    organizations through grants, do not invoke a statutory prohibition on 
    paying a fee or profit, the SBA's policy directive applies to these 
    SBIR grants.
    
    F. Joint Ventures and Limited Partnerships
    
        Joint ventures and limited partnerships are eligible provided the 
    entity created qualifies as a small business concern in accordance with 
    the definition included in this notice.
    
    G. Performance of Research and Analytical Work by the Applicant 
    Organization
    
        In Phase I, a minimum of two-thirds or 67 percent of the research 
    or analytical effort must be carried out by the small business concern; 
    that is, consultant fees and contracts to a third party for portions of 
    the technical effort may not exceed 33 percent of the total proposed 
    budget.
        In Phase II, a minimum of one-half or 50 percent of the research or 
    analytical effort must be carried out by the small business concern; 
    that is, consultant fees and contracts to a third party for portions of 
    the technical effort may not exceed 50 percent of the total proposed 
    budget.
    
    H. Terms and Conditions of Awards
    
        Upon acceptance of a grant, the awardee must comply with the terms 
    and conditions contained or referenced in the Notice of Grant Award 
    document. These terms and conditions, constituting legal requirements 
    imposed on a grantee by statute, regulations,
    
    [[Page 4310]]
    
    administrative policy, or the award document itself, comprise the 
    following ``standard'' and ``special'' provisions:
          Standard Provisions--Terms and conditions required as 
    part of each Notice of Grant Award.
        1. SBIR Grant program legislation: The Small Business Innovation 
    Development Act of 1982 (Public Law 97-219); SBIR Program Extension 
    (Public Law 99-443); the SBA Reauthorization and Amendment Act of 1988 
    (Public Law 100-590); and the Small Business Research and Development 
    Enhancement Act of 1992 (Public Law 102-564).
        2. The SBA's SBIR Program Policy Directive published in the Federal 
    Register on January 26, 1993 (58 FR 6144).
        3. Regulations set forth at 13 CFR part 121.
        4. The inclusion of special terms and conditions, if any (see 
    below).
        5. Regulations set forth at 45 CFR part 74 (Administration of 
    Grants).
         Special Provisions--Additional terms and conditions judged 
    necessary to attain the objectives for which the grant is being made, 
    to facilitate post-award administration of the grant, to conserve grant 
    funds, or to otherwise protect the interests of the Federal government.
        1. Requirement for written progress reports and due dates.
        2. Requirement for a draft final report and due date.
        3. Grantees' responsibilities with respect to information contained 
    in technical documents.
        4. HCFA's rights to suspend or terminate the grant.
        5. Protection of individually identifiable data.
        6. Grantees' responsibilities with respect to presentation of 
    information.
        7. Key personnel.
        8. Submission of data to the Federal government.
        9. Submission of items developed to the Federal government.
        10. Other special terms and conditions that are appropriate to the 
    circumstances of the individual award.
        The grant must be administered in accordance with the following 
    regulations:
    
    13 CFR Part 121--Small Business Size Regulations
    42 CFR Part 52--Grants for Research Projects
    45 CFR Part 46--Protection of Human Subjects
    45 CFR Part 74--Administration of Grants
    45 CFR Part 80--Nondiscrimination Under Programs Receiving Federal 
    Assistance Through the DHHS Effectuation of Title VI of the Civil 
    Rights Act of 1964
    45 CFR Part 84--Nondiscrimination on the Basis of Handicap in Programs 
    and Activities Receiving Federal Financial Assistance
    45 CFR Part 91--Nondiscrimination on the Basis of Age in HHS Programs 
    or Activities Receiving Federal Financial Assistance.
    
    I. Cost Sharing
    
        Cost sharing is not required nor will it be an evaluation factor in 
    consideration of the proposal. However, due to the special nature of 
    the SBIR Program, the applicant may choose to share the costs of a 
    project. This may be done through cash or in-kind contributions. Most 
    frequently, we expect that the applicant will contribute more labor or 
    use unreimbursed equipment as the applicant's share.
    
    J. Additional Information
    
        This Federal Register notice is intended for informational purposes 
    and reflects current planning. If there is any inconsistency between 
    the information contained in this notice and the terms of any resulting 
    SBIR grant, the terms of the grant are controlling.
        Before award of an SBIR grant, HCFA may request the applicant to 
    submit certain organization, management, personnel, and financial 
    information in order to ensure responsibility of the applicant.
        The Federal government is not responsible for any monies expended 
    by the applicant before the award of any grant.
        This notice is not an offer by HCFA and does not obligate HCFA to 
    make any specific number of awards.
        The SBIR Program is not a substitute for HCFA's existing 
    unsolicited proposal mechanisms, and unsolicited proposals will not be 
    accepted under either Phase I or Phase II of the SBIR Program.
        The applicant may be required to certify that he or she has not 
    previously been paid, nor is currently being paid, for essentially 
    equivalent work by an agency of the Federal government. If a grant is 
    made under this notice for a project, some of whose elements are being 
    supported, or will be supported, by another Federal agency, HCFA and 
    the applicant will negotiate a budget that reflects the elimination of 
    any overlapping support.
        This program is not covered by Executive Order 12372, 
    ``Intergovernment Review of Federal Programs.'' Executive Order 12372 
    provides for a State clearinghouse in each State to review Federal 
    programs. Research grants are exempt from this review.
    
    VII. Research Topic Areas
    
        This notice invites SBIR Phase I applications in the following 
    areas. The topics are defined in general terms. They are intended to 
    indicate where we believe we can properly offer assistance in the 
    development of innovative technology. ORD will consider any idea that 
    is within the general subject of a topic. In addition, ORD will review 
    any idea that is within the general purview of HCFA, as described in 
    section I of this notice. Applicants are reminded that the overall 
    intent of the HCFA SBIR Program is to provide assistance to the 
    development of products and processes that have commercial potential 
    and not to the acquisition of products for HCFA's own use.
    
    A. High Quality and Effective Care
    
        HCFA invites ideas that would develop products to assist all 
    participants in health care in assessing and monitoring the quality of 
    care and level of care being furnished to patients. Projects should aim 
    to develop tools for health care professionals, providers, and managers 
    that permit them to examine patterns of services being delivered, and 
    the health and social outcome of those services. Projects that would 
    assist private organizations in developing patient guidelines and in 
    conducting technology assessments are of interest. These tools should 
    provide a way to monitor and measure the delivery of health care 
    services and the outcomes of those services. They should also make 
    possible a judgment about the quality of the care, the effectiveness of 
    the care, or both. The technical efficiency with which care is 
    delivered and the appropriateness of the overall outcome for the 
    patient should be addressed.
    
    B. Management of Ambulatory Services
    
        HCFA invites ideas that would develop tools to monitor, assess, and 
    control overutilization and underutilization of ambulatory services and 
    products at all levels of the health care system. Apart from the 
    inflation in the cost of each service, a significant cause of the 
    rising cost of health care services is excessive utilization. 
    Traditionally, utilization review techniques have been applied to high 
    cost, acute services, such as surgery and hospitalizations. We wish to 
    focus on physician services and other ambulatory services and products, 
    for example, drugs, medical equipment, and testing. HCFA invites 
    applications related to services or products commonly
    
    [[Page 4311]]
    
    associated with Medicare beneficiaries and Medicaid recipients, who are 
    primarily the aged, the poor, the disabled, and persons with end-stage 
    renal disease. Techniques to be explored involve systems both for 
    retrospective utilization pattern review and for managing prospective 
    interventions in individual physician or beneficiary and recipient 
    service or product use. This area also includes broader management 
    tools, based on information derived from utilization review, that 
    promote or ensure more efficient and effective service delivery.
    
    C. Beneficiary Information and Assistance
    
        HCFA invites ideas that may make the Medicare and Medicaid programs 
    understandable to beneficiaries and recipients and that provide 
    assistance to these individuals in their attempts to deal with the 
    programs. Potential program users (Medicare and Medicaid beneficiaries) 
    need to understand when they are eligible, what services or products 
    are covered, and what their rights and responsibilities are within each 
    program. (It is important to understand that detailed information on 
    Medicaid must be assembled on a state-by-state basis). An example would 
    be an information project that would assist health care consumers, 
    including Medicare and Medicaid beneficiaries, by providing aggregate 
    data on provider performance and utilization trends, discrete price 
    information, and information on related copayments, etc.; in a sense, a 
    ``Blue Book for Consumers.'' Another example is obtaining payment for 
    claims, one of the most frequent problems encountered by Medicare 
    beneficiaries. The process of dealing with Medicare's fiscal 
    intermediaries and carriers is difficult for many beneficiaries. Tools 
    that would ease this process would be welcome. Beneficiaries also need 
    to be able to decide whether they should join, or exit from, a health 
    maintenance organization, and the advantages and disadvantages of the 
    decision. Beneficiaries need to understand what considerations to take 
    into account when long term care is a possibility. Similarly, 
    beneficiaries need to be assisted in the decision about the purchase of 
    health insurance in addition to Medicare. HCFA invites ideas in 
    beneficiary communication and assistance approaches that are tailored 
    to special populations (such as significant demographic, sociocultural, 
    or disease-related groups of beneficiaries), as well as approaches that 
    could be used by supplemental health benefit program sponsors (for 
    example, employers and unions) in assisting Medicare-eligible retirees. 
    Applicants who are considering this topic should understand that the 
    SBIR Program generally seeks to support the development of commercially 
    viable products and that there is already a fair amount of existing 
    commercial activity in this area.
    
    D. Program Efficiencies and Improvement
    
        The existing systems for health care delivery and financing have 
    undergone, and are continuing to undergo, changes due to new 
    technology, legislation, regulation, and market forces. Major payers 
    for health care are continually studying the feasibility of new 
    approaches to improving the management of care, the delivery of care, 
    and financing. Therefore, HCFA invites applications that focus on tools 
    to assist in the goal of improved management of the Medicare and 
    Medicaid programs. The term management is used in a broad sense. These 
    could be tools that are directed toward providers who furnish services 
    or products to Medicare beneficiaries or Medicaid recipients, 
    organizations that handle the financing of care, organizations that 
    oversee the quality of services and products, or the beneficiaries and 
    recipients themselves, and State and local organizations that deal 
    primarily with Medicare and Medicaid populations.
        HCFA will consider any innovative idea that appears to have the 
    potential for improving the programs for any of the several parties 
    involved, and that has a potential for sale in the normal or commercial 
    market. An example of an innovative idea is the development of improved 
    computer-based case management systems for community care services. 
    Case management programs are commonly being used to coordinate 
    community-based care for frail elderly and other populations under 
    Medicaid and other programs. Automated systems use client eligibility 
    and assessment information to assist case management agencies in 
    preparing appropriate plans of care based on the client's condition and 
    select service providers. These systems would also interface with 
    service approval or financial or billing systems to improve the cost-
    efficiency of case management programs. Proposed systems should 
    complement or integrate existing mandated HCFA instruments 
    (particularly functional assessment tools, minimum data sets, discharge 
    planning, etc.). Redundant instruments will not be considered for 
    funding.
    
    E. Other Health Care Research and Demonstrations
    
        We encourage small business concerns to submit applications for 
    proposed research in any area within the field of health care R & D.
    
    VIII. Other Required Information
    
        In accordance with the provisions of Executive Order 12866, this 
    notice was not reviewed by the Office of Management.
    
        Authority: Public Law 97-219, 96 Stat. 217-221; Public Law 99-
    443, 100 Stat. 1120; Sec. 108, Public Law 100-590, 102 Stat. 2989, 
    2994; Public Law 102-564, 106 Stat. 4249 (15 U.S.C. 638 (e) through 
    (m)).
    (Catalog of Federal Domestic Assistance Program No. 93.779, Health 
    Care Financing Research, Demonstration and Experiments)
    
        Dated: December 17, 1996.
    Bruce C. Vladeck,
    Administrator, Health Care Financing Administration.
    [FR Doc. 97-2087 Filed 1-28-97; 8:45 am]
    BILLING CODE 4120-01-P
    
    
    

Document Information

Published:
01/29/1997
Department:
Health and Human Services Department
Entry Type:
Notice
Action:
Notice.
Document Number:
97-2087
Dates:
Grant applications must be submitted by April 29, 1997, in order to be considered under the fiscal year (FY) 1997 annual funding cycle.
Pages:
4305-4311 (7 pages)
Docket Numbers:
ORD-089-N
PDF File:
97-2087.pdf