98-6285. Medicare and Medicaid Programs; Physicians' Referrals to Health Care Entities With Which They Have Financial Relationships; Extension of Comment Period

[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Proposed Rules]
[Page 11649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6285]



[[Page 11649]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 411, 424, 435, and 455

[HCFA-1809-N]
RIN 0938-AG80


Medicare and Medicaid Programs; Physicians' Referrals to Health 
Care Entities With Which They Have Financial Relationships; Extension 
of Comment Period

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Notice of extension of comment period for proposed rule.

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SUMMARY: This document extends the comment period for a proposed rule 
published in the Federal Register (63 FR 1659) that generally would 
prohibit physician referrals under Medicare and Medicaid, to health 
care entities with which the physician (or his or her immediate family 
member) has a financial relationship. The comment period is extended 60 
days.

DATES: The comment period is extended to 5 p.m. on May 11, 1998.

ADDRESSES: Mail written comments (one original and three copies) to the 
following address: Health Care Financing Administration, Department of 
Health and Human Services, Attention: HCFA-1809-P, P.O. Box 26688, 
Baltimore, MD 21207-0517.
    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, Central Building, 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 HCFA-1809-P. 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: [phone]).
    For comments that relate to information collection and 
recordkeeping requirements, mail a copy of comments to: Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Room 10235, New Executive Office Building, Washington, DC 20503, Attn: 
Allison Herron Eydt, HCFA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Joanne Sinsheimer [phone].

SUPPLEMENTARY INFORMATION: On January 9, 1998, we issued a proposed 
rulemaking in the Federal Register (63 FR 1659) that would incorporate 
into regulations the provisions of sections 1877 and 1903(s) of the 
Social Security Act. Under section 1877, if a physician or a member of 
a physician's immediate family has a financial relationship with a 
health care entity, the physician may not make referrals to that entity 
for certain health services (designated health services) under the 
Medicare program, unless certain exceptions apply.
    In addition, section 1877 provides that an entity may not present 
or cause to be presented a Medicare claim or bill to any individual, 
third party payer, or other entity for designated health services 
furnished under a prohibited referral, nor may the Secretary make 
payment for a designated health service furnished under a prohibited 
referral.
    Section 1903(s) of the Social Security Act extended aspects of the 
referral prohibition to the Medicaid program. It denies payment under 
the Medicaid program to a State for certain expenditures for designated 
health services. Payment would be denied if the services are furnished 
to an individual on the basis of a physician referral that would result 
in the denial of payment for the services under Medicare if Medicare 
covered the services to the same extent and under the same terms and 
conditions as under the State plan. We announced that the public 
comment period would close 5 p.m. on March 10, 1998.
    Due to the complexity of this proposed rule and because numerous 
commenters have requested more time to analyze the potential 
consequences of the proposed rule, we have decided to extend the 
comment period for an additional 60 days. This document announces the 
extension of the public comment period to May 11, 1998.

    Authority: Secs. 1102 and 1871 of the Social Security Act (42 
U.S.C. 1302 and 1395hh).

(Catalog of Federal Domestic Assistance Program No. 93.773, Medicare 
Hospital Insurance; Program No. 93.778, Medical Assistance Program)

    Dated: March 4, 1998.
Nancy-Ann Min DeParle,
Administrator, Health Care Financing Administration.

    Dated: March 6, 1998.
Donna E. Shalala,
Secretary.
[FR Doc. 98-6285 Filed 3-9-98; 8:45 am]
BILLING CODE 4120-01-P