§1868 Practicing Physicians Advisory Council; Council for Technology and Innovation509

Social Security Act

Title XVIII — Health Insurance for the Aged and Disabled

Part E — Miscellaneous Provisions

(42 U.S.C. §1395ee)

(a) Practicing Physicians Advisory Council. -

(a)(1)⁵¹⁰ The Secretary shall appoint, based upon nominations submitted by medical organizations representing physicians, a Practicing Physicians Advisory Council (in this subsection⁵¹¹ referred to as the "Council") to be composed of 15 physicians, each of whom has submitted at least 250 claims for physicians' services under this title in the previous year. At least 11 of the members of the Council shall be physicians described in section 1861(r)(1) and the members of the Council shall include both participating and nonparticipating physicians and physicians practicing in rural areas and underserved urban areas.

(a)(2)⁵¹² The Council shall meet once during each calendar quarter to discuss certain proposed changes in regulations and carrier manual instructions related to physician services identified by the Secretary. To the extent feasible and consistent with statutory deadlines, such consultation shall occur before the publication of such proposed changes.

(a)(3) Members of the Council shall be entitled to receive reimbursement of expenses and per diem in lieu of subsistence in the same manner as other members of advisory councils appointed by the Secretary are provided such reimbursement and per diem under this title.

(b)⁵¹³Council For Technology And Innovation. -

(b)(1) Establishment. - The Secretary shall establish a Council for Technology and Innovation within the Centers for Medicare and Medicaid Services (in this section referred to as "CMS").

(b)(2) Composition. - The Council shall be composed of senior CMS staff and clinicians and shall be chaired by the Executive Coordinator for Technology and Innovation (appointed or designated under paragraph (4)).

(b)(3) Duties. - The Council shall coordinate the activities of coverage, coding, and payment processes under this title with respect to new technologies and procedures, including new drug therapies, and shall coordinate the exchange of information on new technologies between CMS and other entities that make similar decisions.

(b)(4) Executive Coordinator For Technology And Innovation. - The Secretary shall appoint (or designate) a noncareer appointee (as defined in section 3132(a)(7) of title 5, United States Code) who shall serve as the Executive Coordinator for Technology and Innovation. Such executive coordinator shall report to the Administrator of CMS, shall chair the Council, shall oversee the execution of its duties, and shall serve as a single point of contact for outside groups and entities regarding the coverage, coding, and payment processes under this title.

⁵⁰⁹ P.L. 108-173, §942(a)(1), added "; COUNCIL FOR TECHNOLOGY AND INNOVATION".

⁵¹⁰ P.L. 108-173, §942(a)(1), added "PRACTICING PHYSICIANS ADVISORY COUNCIL. - (1)", effective December 8, 2003.

⁵¹¹ P.L. 108-173, §942(a)(2), struck out "in this section" and substituted "in this subsection", effective December 8, 2003.

⁵¹² P.L. 108-173, §942(a)(4), redesignated the former subsections (b) and (c) as new paragraphs (2) and (3), respectively, effective December 8, 2003.

⁵¹³ P.L. 108-173, §942(a)(5), added a new subsection (b), effective December 8, 2003.