PUBLIC SUBMISSION | As of: August 10, 2010 Received: August 09, 2010 Status: Draft Category: Other - OT001 Tracking No. 80b2cb33 Comments Due: August 10, 2010 Submission Type: Web |
Docket: CMS-2010-0198
Application for Prescription Drug Plans (PDP); Application for Medicare Advantage Prescription Drug (MA-PD); Application for Cost Plans to Offer Qualified Prescription Drug Coverage; Application for Employer Group Waiver Plans to Offer Prescription Drug Coverage; Service Area Expansion Application for Prescription Drug Coverage- CY 2012 (CMS-10137)
Comment On: CMS-2010-0198-0001
Application for Prescription Drug Plans (PDP); Application for Medicare Advantage Prescription Drug (MA-PD); Application for Cost Plans to Offer Qualified Prescription Drug Coverage; Application for Employer Group Waiver Plans to Offer Prescription Drug Coverage; Service Area Expansion Application for Prescription Drug Coverage - CY 2012 (CMS-10137)
Document: CMS-2010-0198-DRAFT-0001
DC
Washington, DC, 20003
Organization: National Indian Health BoardSee attached files
RE: Comments of the CMS Tribal Technical Advisory Group
Regarding CMS-10137 and CMS-10237; FED. REG. NOTICE June 11, 2010
I write on behalf of the CMS Tribal Technical Advisory Group (TTAG) which provides policy advice to CMS regarding the participation of American Indians and Alaska Natives and health programs of the Indian Health Service, Indian tribes, tribal organizations and urban Indian organizations (I/T/Us) in Medicare, Medicaid and CHIP programs.
The captioned FEDERAL REGISTER notice seeks public comments on documents related to 2012 operation of the Medicare Part D program. Pursuant to CMS regulation at 42 CFR 423.120, Part D plans must offer standard contracting terms and conditions to I/T/U pharmacies that conform to the model addendum developed by CMS.
The materials offered for public comment contain what appears to be the version of the model I/T/U addendum developed prior to enactment of the Patient Protection and Affordable Care Act (ACA). It has not been updated to reflect changes to federal law made by the ACA: (i) Sec. 3314 amended Part D to count toward the annual out-of-pocket threshold prescription drug provided by I/T/U pharmacies; and (ii) Sec. 10221 enacted amendments to the Indian Health Care Improvement Act (IHCIA), several of which are relevant to the I/T/U addendum.
The TTAG requests that CMS revise the I/T/U addendum to reflect relevant changes to federal law, and that the agency require the addendum, as so revised, to be used for Part D plan contracts with I/T/U pharmacies in both 2011 and 2012. For your convenience, we attach the current version of the I/T/U addendum with the TTAG-requested revisions set out in "redline", together with an explanation of each revision.
Thank you for your consideration of these comments.
Sincerely yours,
Valerie Davidson, Chair CMS TTAG
cc: Kitty Marx
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