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Federal Register / Vol. 70, No.

63 / Monday, April 4, 2005 / Notices 17085

Board of Governors of the Federal Reserve Services, describes the current state of, 3. Although a mixed national-local
System, March 29, 2005. and problems associated with, coverage coverage decision-making process is a
Robert deV. Frierson, and reimbursement for genetic tests and reasonable approach to making
Deputy Secretary of the Board. services and offers recommendations on Medicare coverage decision for genetic
[FR Doc. 05–6524 Filed 4–1–05; 8:45 am] how current mechanisms for coverage tests and services, there are several
BILLING CODE 6210–01–S and reimbursement for genetic tests and aspects of the current national-local
services might be improved. Once decision-making process that limit its
finalized, the report and utility. While not suggesting changes to
DEPARTMENT OF HEALTH AND recommendations will be transmitted to the current system, SACGHS
HUMAN SERVICES the Secretary of Health and Human recommends that the Secretary
Services. encourage the Centers for Medicare &
Secretary’s Advisory Committee on SACGHS proposing to make the Medicaid Services (CMS) to move
Genetics, Health, and Society; Office of following recommendations in its report forward with the implementation of
the Secretary, HHS; Request for Public to the Secretary: Section 731 of the Medicare
Comment 1. The Secretary should task an Prescription Drug, Improvement, and
appropriate group or body to develop a Modernization Act of 2003, which
ACTION: Request for public comment on set of principles to guide coverage requires the development of a plan to
a draft report on coverage and decision making for genetic tests. The evaluate new local coverage decisions to
reimbursement of genetic tests and principles should identify criteria to determine which should be adopted
services. help determine which types or nationally and to what extent greater
categories of genetic tests should be consistency in Medicare coverage policy
SUMMARY: The Secretary’s Advisory
covered, which should not be covered, can be achieved.
Committee on Genetics, Health, and
and which fall into an uncertain gray 4. Medicare beneficiaries who lack
Society (SACGHS) is requesting public
zone. The group’s guiding principles current signs, symptoms, or personal
comment on a draft report on coverage
should address the issues of economic histories of illness stand to clinically
and reimbursement of genetic tests and
evaluation/cost-effectiveness, benefit from predictive and
services.
prevention, rare disease tests, and predispositional genetic tests and
DATES: Written or electronic comments
therapeutic versus informational services. As such, SACGHS
should be submitted by May 6, 2005. benefit. The Committee also recommends that preventive services,
ADDRESSES: Comments can be sent by recommends that the existing evidence including predispositional genetic tests
mail to the following address: for specific tests be assessed in order to and services, meeting evidence
Secretary’s Advisory Committee on determine whether the evidence is standards should be covered under
Genetics, Health, and Society, attn: adequate in type, quality, and quantity Medicare.
Suzanne Goodwin, NIH Office of to establish analytical validity, clinical The Secretary should urge Congress to
Biotechnology Activities, 6705 validity and clinical utility as well as to add a benefit category for preventive
Rockledge Drive, Suite 750, Bethesda, identify any gaps in evidence. services that would enable CMS to
MD, 20892. Comments also can be sent This body should include both determine through its national coverage
via e-mail to Suzanne Goodwin at relevant HHS agencies and private decision-making process, which
goodwins@od.nih.gov or via facsimile to organizations and utilize resources of includes an assessment of existing
301–496–9839. models in the public and private sector. evidence, whether an item or service is
FOR FURTHER INFORMATION CONTACT: The Evaluation of Genomic reasonable and necessary for the
Suzanne Goodwin, NIH Office of Applications in Practice and Prevention prevention or early detection of an
Biotechnology Activities, 6705 Work Group organized by the Centers illness or disability and, thus, ought to
Rockledge Drive, Suite 750, Bethesda, for Disease Control and Prevention be covered. Such action would allow
MD 20892, 301–496–9838, involves such a diverse range of CMS to consider covering many more
goodwins@od.nih.gov. stakeholders and is performing similar genetic tests and services that are used
SUPPLEMENTARY INFORMATION: The work and, thus, is an example of such for preventive purposes.
Department of Health and Human a body to be tasked to develop these More immediately, the Secretary
Services (HHS) established SACGHS to principles and address these issues. should direct CMS to clarify, through
serve as a public forum for deliberations The Committee also recommends a appropriate guidance, that in certain
on the broad range of human health and mechanism be established that would circumstances and where scientific
societal issues raised by the specifically promote and fund studies to evidence warrants, ‘‘personal history’’
development and use of genetic address any identified gaps in the may include family history of a
technologies and, as warranted, to evidence base. particular disease for purposes of
provide advice on these issues. For 2. Genetic tests and services in establishing that a genetic test is
more information about the Committee, pediatrics and those with a prevention ‘‘reasonable and necessary’’ and,
please visit its Web site: http:// component should be considered therefore, covered under Medicare. CMS
www4.od.nih.gov/oba/sacghs.htm. specifically with respect to the benefits should specify the circumstances and
In its first year, SACHGS identified they can offer the populations they criteria required to make such a
coverage and reimbursement of genetic serve. Although standardization of determination.
tests and services as a high priority coverage decisions using best scientific 5. The Secretary should broadly
because there are significant barriers to evidence across public and private disseminate to all states information
coverage and reimbursement as well as payers is ideal (see Recommendation 1), about the existing evidence base and
unmet data needs that are currently private payers should be supported with other supporting information, such as
limiting appropriate access and clinical necessary information to make their guiding principles that serve as the basis
integration. own coverage determinations about for coverage decision-making, on
Its report, Coverage and these tests and services relative to the genetic tests and services. This
Reimbursement of Genetic Tests and populations they serve. information could be utilized by the

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17086 Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Notices

states to inform their Medicaid coverage a plan for HHS agencies to work DEPARTMENT OF HEALTH AND
decisions. collaboratively with state, federal and HUMAN SERVICES
HHS should continue to provide private organizations to support the
states with grants that encourage the development, cataloguing and Centers for Disease Control and
coverage, adoption and provision of dissemination of case studies and Prevention
genetic services that have a sound practice models that demonstrate the
evidence base. Preventing Sexual and Intimate Partner
current relevance of genetics and Violence Within Racial/Ethnic Minority
6. In many cases, payment rates for
genomics; and the Secretary should Communities
genetic tests are lower than the actual
strive to incorporate genetics and
cost of performing the test. Until the fee Announcement Type: New.
schedule can be reconsidered in a genomics into relevant initiatives of
HHS, including the National Health Funding Opportunity Number: RFA
comprehensive way, the Secretary 05043.
should direct CMS to address variations Information Infrastructure.
Catalog of Federal Domestic
in payment rates for the genetic test 9. Reliable and trustworthy Assistance Number: 93.136.
Current Procedural Terminology (CPT) information about family history, Key Dates: Letter of Intent Deadline:
codes through its inherent genetics and genetic technologies May 4, 2005.
reasonableness authority. should be developed and made more Application Deadline: May 19, 2005.
7. Genetic counseling is a critically widely available through the internet
important component of the appropriate I. Funding Opportunity Description
and other mechanisms that allow
use and integration of genetic tests and patients and consumers to evaluate Authority: This program is authorized
services. As such, SACGHS health plan benefits and health under section 391(a) of the Public Health
recommends the following: providers so that they may make the Service Act (PHS Act), 42 U.S.C. 280b(a),
• Qualified health providers should section 393 of the PHS Act, 42 U.S.C. 280b–
most appropriate and most financially
be allowed to bill directly for genetic 1a.
counseling services. The Secretary responsible decisions for themselves
and their families. Background
should expeditiously identify an
appropriate mechanism for determining The Secretary should leverage HHS The National Violence Against
the credentials and criteria needed for a resources to develop and make widely Women Survey (NVAWS) reports that
health provider to be deemed qualified available reliable and trustworthy approximately 1.5 million women are
to provide genetic counseling services information about genetics and genetic raped and/or physically assaulted by an
and eligible to bill directly for them. technologies to guide and promote intimate partner each year. Violence
• The Secretary should direct informed decision making by healthcare against women is a significant public
government programs to reimburse health and criminal justice concern
consumers and providers. Such
prolonged service codes when which disproportionately affects
information should be made available
determined to be reasonable and marginalized groups such as racial and
though federal government Web sites ethnic minorities. This study further
necessary. and other appropriate mechanisms.
• HHS, with input from the various reports the racial and ethnic differences
providers of genetic counseling services, The full report is available in the lifetime rates of rape, for example
should assess the adequacy of existing electronically at http:// American Indian/Alaska Native women
CPT Evaluation & Management (E&M) www4.od.nih.gov/oba/sacghs/ were identified as having almost twice
codes and their associated relative public_comments.htm. A paper or the rate of African American or White
values with respect to genetic electronic copy also can be requested by women. Specifically, American Indian/
counseling services. Any inadequacies calling the NIH Office of Biotechnology Alaska Native women (34 percent) were
identified should be addressed as Activities at 301–496–9838– or by e- significantly more likely to report that
deemed appropriate. mailing Suzanne Goodwin at they were raped than African American
• CMS should deem all non- goodwins@od.nih.gov. women (19 percent) or White women
physician health providers who are (18 percent). The survey also found that
SACGHS is requesting comments on women who identified themselves as
currently permitted to bill directly any
these recommendations and the overall Hispanic (14.6 percent) were
health plan—public or private—eligible
for a National Provider Identifier. content of the draft report. Public significantly less likely to report they
• The Secretary should direct CMS to comments received by May 6, 2005, will had ever been raped than women who
allow non-physician health be considered by SACGHS in preparing identified themselves as non-Hispanic
professionals who are qualified to the final report. The report and the (18.4 percent). Additionally, American
provide genetic counseling services and public comments will be discussed at Indian/Alaska Native women (30.7
who currently bill incident to a SACGHS’s next meeting on June 15–16, percent) were most likely to report
physician to utilize the full range of CPT 2005, in Bethesda, MD. Comments also Intimate Partner Violence, and Asian/
E&M codes available for genetic will be available for public inspection at Pacific Islander women (12.8 percent)
counseling services. the NIH Office of Biotechnology were least likely to report Intimate
8. Since providers act as Activities Monday through Friday Partner Violence. Other racial
intermediaries between health plans between the hours of 8:30 a.m. and 5 differences illustrate that close to one-
and plan members and thus have an p.m. third of African American women
important role in ensuring genetic tests experience intimate partner violence in
Dated: March 28, 2005.
and services are provided appropriately, their lifetimes compared with one-
there is a need to support the ongoing Anna Snouffer, fourth of White women. Furthermore,
training and continued education of Acting Director, Office of Federal Advisory when you consider the rates for the
health providers in genetics and Committee Policy. most severe form of intimate partner
genomics. SACGHS’s recommendations [FR Doc. 05–6614 Filed 4–1–05; 8:45 am] violence, which is homicide, African
to the Secretary in 2004 included the BILLING CODE 4140–01–M American women (3.55) are three times
following: the Secretary should develop as likely than White women (1.11) to die

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