FACACLASSIC

Note: An Annual Comprehensive Review, as required by §7 of the Federal Advisory Committee Act, is conducted each year on committee data entered for the previous fiscal year (referred to as the reporting year). The data for the reporting year is not considered verified until this review is complete and the data is moved to history for an agency/department. See the Data From Previous Years section at the bottom of this page for the committee’s historical, verified data.

Details on agency responses to committee recommendations can be found under the Performance Measures section for each committee in the fields “Agency Feedback” and “Agency Feedback Comment.”

HHS - 5183 - Negotiated Rulemaking Committee on the Shared Risk Exception - Presidential

GENERAL INFORMATION

Committee Name	Negotiated Rulemaking Committee on the Shared Risk Exception	Agency Name	Department of Health and Human Services
Fiscal Year	1998	Committee Number	5183
Original Establishment Date	8/29/1996	Committee Status	Terminated
Actual Termination Date	1/22/1998	Committee URL
Actual Merged Date		Presidential Appointments*	No
New Committee This FY	No	Max Number of Members*	Unlimited
Terminated This FY	Yes	Designated Fed Officer Position Title*
Merged This FY		Designated Federal Officer Prefix
Current Charter Date	5/19/1997	Designated Federal Officer First Name*	Joel.
Date Of Renewal Charter		Designated Federal Officer Middle Name
Projected Termination Date	9/1/1998	Designated Federal Officer Last Name*	Schaer
Exempt From Renewal*	No	Designated Federal Officer Suffix
Specific Termination Authority	42 USC 1320a-7b	Designated Federal Officer Phone*	202-629-0089
Establishment Authority*	Presidential	Designated Federal Officer Fax*
Specific Establishment Authority*	42 U.S.C. 1320a-7b	Designated Federal Officer Email*	jschaer@oig.ocig
Effective Date Of Authority*	8/29/1996
Exempt From EO 13875 Discretionary Cmte
Committee Type*	Ad hoc
Presidential*	No
Committee Function*	Regulatory Negotiations Committee

RECOMMENDATION/JUSTIFICATIONS

Agency Recommendation*	Terminate
Legislation to Terminate Required	No
Legislation Status
How does cmte accomplish its purpose?*	The Committee's purpose is to negotiate the development of interim final rulemaking addressing the shared risk exception (section 216 of P.LO. 104-191) to the Federal health case programs' anti'kickback provisions. Through issue papers, presentations and direct negotiations, the committee has continued to work towards establishing standards for exceptions to risking-sharing arrangements, including (1) the level of risk appropriate to the size and type of arrangement; (2) the frequency and distribution of incentives; and (3) the level of capital contribution.
How is membership balanced?*	the Committee is scheduled to meet monthly for a minimum of at least six months to reach consensus and complete work on developing the interim final role within this time period.
How frequent & relevant are cmte mtgs?*	Section 216 of P.L. 104-191 statutorily mandates a negotiated rulemaking process for establisihing standards for this exception to the anti-kickback statute. The 23 committee members serve to adequately represent potentially affected parties and organizations, and the full spectrum of viewpoints.
Why advice can't be obtained elsewhere?*	All committee meetings are open to the public.
Why close or partially close meetings?	N/A
Recommendation Remarks

PERFORMANCE MEASURES

Outcome Improvement To Health Or Safety*		Action Reorganize Priorities*
Outcome Trust In Government		Action Reallocate Resources
Outcome Major Policy Changes		Action Issued New Regulations
Outcome Advance In Scientific Research		Action Proposed Legislation
Outcome Effective Grant Making		Action Approved Grants Or Other Payments
Outcome Improved Service Delivery		Action Other
Outcome Increased Customer Satisfaction		Action Comment
Outcome Implement Laws/Reg Requirements		Grants Review*
Outcome Other		Number Of Grants Reviewed
Outcome Comment		Number Of Grants Recommended
Cost Savings*		Dollar Value Of Grants Recommended
Cost Savings Comment		Grants Review Comment
Number Of Recommendations*		Access Contact Designated Fed. Officer*
Number Of Recommendations Comment		Access Agency Website
% of Recs Fully Implemented*		Access Committee Website
% of Recs Fully Implemented Comment		Access GSA FACA Website
% of Recs Partially Implemented*		Access Publications
% of Recs Partially Implemented Comment		Access Other
Agency Feedback*		Access Comment
Agency Feedback Comment*		Narrative Description*

COSTS

1. Payments to Non-Federal Members*	$0.00	1. Est Paymnts to Non-Fed Membrs Nxt FY*	$0.00
2. Payments to Federal Members*	$7,000.00	2. Est. Payments to Fed Members Next FY*	$0.00
3. Payments to Federal Staff*	$28,300.00	3. Estimated Payments to Federal Staff*	$0.00
4. Payments to Consultants*	$0.00	4. Est. Payments to Consultants Next FY*	$0.00
5. Travel Reimb. For Non-Federal Membrs*	$2,250.00	5. Est Travel Reimb Non-Fed Membr nxtFY*	$0.00
6. Travel Reimb. For Federal Members*	$0.00	6. Est Travel Reimb For Fed Members*	$0.00
7. Travel Reimb. For Federal Staff*	$0.00	7. Est. Travel Reimb to Fed Staf Nxt FY*	$0.00
8. Travel Reimb. For Consultants*	$0.00	8. Est Travel Reimb to Consltnts Nxt FY*	$0.00
10. Other Costs	$6,340.00	10. Est. Other Costs Next FY*	$0.00
11. Total Costs	$43,890.00	11. Est. Total Next FY*	$0.00
Date Cost Last Modified		Est. Fed Staff Support Next FY*	0.00
Federal Staff Support (FTE)*	3.00	Est Cost Remarks
Cost Remarks

Interest Areas

No interest areas selected for this committee.

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