Beruflich Dokumente
Kultur Dokumente
20201), Conference Room 4090 (a photo Deputy Assistant Secretary for Science and information. The joint committee will
ID is needed for access to a Federal Data Policy, Office of the Assistant Secretary consider FDA’s analyses and any
building). for Planning and Evaluation. clinical significance.
FOR FURTHER INFORMATION CONTACT: [FR Doc. 06–6341 Filed 7–18–06; 8:45 am] Procedure: Interested persons may
http://www.hhs.gov/healthit/ahic.html. BILLING CODE 4151–05–M present data, information, or views,
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41028 Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Notices
orally or in writing, on issues pending proposed projects being developed for for disputes involving covered entities
before the committee. Written submission to the Office of Management and participating drug manufacturers,
submissions may be made to the contact and Budget (OMB) under the Paperwork the HRSA Office of Pharmacy Affairs
person on or before September 13, 2006. Reduction Act of 1995. To request more (OPA) has developed a dispute
Oral presentations from the public will information on the proposed project or resolution process for manufacturers
be scheduled between approximately 1 to obtain a copy of the data collection and covered entities as well as
p.m. and 2 p.m. Time allotted for each plans and draft instruments, call the manufacturer guidelines for audit of
presentation may be limited. Those HRSA Reports Clearance Officer on covered entities.
desiring to make formal oral (301) 443–1129. Audit Guidelines: A manufacturer
presentations should notify the contact Comments are invited on: (a) Whether will be permitted to conduct an audit
person and submit a brief statement of the proposed collection of information only when there is reasonable cause to
the general nature of the evidence or is necessary for the proper performance believe a violation of section
arguments they wish to present, the of the functions of the agency, including 340B(a)(5)(A) or (B) has occurred. The
names and addresses of proposed whether the information shall have manufacturer must notify the covered
participants, and an indication of the practical utility; (b) the accuracy of the entity in writing when it believes the
approximate time requested to make agency’s estimate of the burden of the covered entity has violated the
their presentation on or before proposed collection of information; (c) provisions of 340B. If the problem
September 13, 2006. ways to enhance the quality, utility, and cannot be resolved, the manufacturer
Persons attending FDA’s advisory clarity of the information to be must then submit an audit work plan
committee meetings are advised that the collected; and (d) ways to minimize the describing the audit and evidence in
agency is not responsible for providing burden of the collection of information
access to electrical outlets. support of the reasonable cause
on respondents, including through the standard to the HRSA OPA for review.
FDA welcomes the attendance of the use of automated collection techniques
public at its advisory committee The office will review the
or other forms of information documentation to determine if
meetings and will make every effort to technology.
accommodate persons with physical reasonable cause exists. Once the audit
disabilities or special needs. If you Proposed Project: Drug Pricing Program is completed, the manufacturer will
require special accommodations due to Reporting Requirements (OMB No. submit copies of the audit report to the
a disability, please contact Victoria 0915–0176)—Extension HRSA OPA for review and resolution of
Ferretti-Aceto at least 7 days in advance the findings, as appropriate. The
Section 602 of Public Law 102–585, manufacturer will also submit an
of the meeting. the Veterans Health Care Act of 1992,
Notice of this meeting is given under informational copy of the audit report to
enacted section 340B of the Public the HHS Office of Inspector General.
the Federal Advisory Committee Act (5 Health Service Act (PHS Act)
U.S.C. app. 2). ‘‘Limitation on Prices of Drugs Dispute Resolution Guidelines:
Dated: July 13, 2006. Purchased by Covered Entities.’’ Section Because of the potential for disputes
Randall W. Lutter, 340B provides that a manufacturer who involving covered entities and
Associate Commissioner for Policy and sells covered outpatient drugs to eligible participating drug manufacturers, the
Planning. entities must sign a pharmaceutical HRSA OPA has developed an informal
[FR Doc. E6–11471 Filed 7–18–06; 8:45 am] pricing agreement with the Secretary of dispute resolution process which can be
BILLING CODE 4160–01–S Health and Human Services in which used if an entity or manufacturer is
the manufacturer agrees to charge a believed to be in violation of section
price for covered outpatient drugs that 340B. Prior to filing a request for
DEPARTMENT OF HEALTH AND will not exceed an amount determined resolution of a dispute with the HRSA
HUMAN SERVICES under a statutory formula. OPA, the parties must attempt, in good
Covered entities which choose to faith, to resolve the dispute. All parties
Health Resources and Services participate in the section 340B drug involved in the dispute must maintain
Administration discount program must comply with the written documentation as evidence of a
requirements of 340B(a)(5) of the PHS good faith attempt to resolve the
Agency Information Collection dispute. If the dispute is not resolved
Act. Section 340B(a)(5)(A) prohibits a
Activities: Proposed Collection: and dispute resolution is desired, a
covered entity from accepting a
Comment Request party must submit a written request for
discount for a drug that would also
In compliance with the requirement generate a Medicaid rebate. Further, a review of the dispute to the HRSA
for opportunity for public comment on section 340B(a)(5)(B) prohibits a OPA. A committee appointed to review
proposed data collection projects covered entity from reselling or the documentation will send a letter to
(section 3506(c)(2)(A) of Title 44, United otherwise transferring a discounted drug the party alleged to have committed a
States Code, as amended by the to a person who is not a patient of the violation. The party will be asked to
Paperwork Reduction Act of 1995, Pub. entity. provide a response to or a rebuttal of the
L. 104–13), the Health Resources and In response to the statutory mandate allegations.
Services Administration (HRSA) of section 340B(a)(5)(C) to develop audit The estimates of annualized burden
publishes periodic summaries of guidelines and because of the potential are as follows:
Responses
Number of Total Hours per Total burden
Reporting requirement per
respondents responses response hours
sroberts on PROD1PC70 with NOTICES
respondent
Audits
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