Advisory Panel on Hospital Outpatient Payment

The Panel shall consist of up to 19 total members who are representatives of providers.  Members are selected by the Secretary or Administrator among the fields of hospital payment systems; hospital medical care delivery systems; provider billing and accounting systems; APC groups; CPT codes; HCPCS codes; the use of, and payment for, drugs, medical devices, and other services in the hospital outpatient setting; and other forms of relevant expertise.  For supervision deliberations, the Panel shall also include members that represent the interests of Critical Access Hospitals (CAHs), who advise CMS only regarding the level of supervision for hospital outpatient services.  All members shall have a minimum of 5 years experience in their area(s) of expertise, but it is not necessary that any member be an expert in all of the areas listed above.  Panel members are full-time employees of hospitals, hospital systems, or other Medicare providers.

For purposes of this Panel, consultants or independent contractors are not considered to be representatives of providers.  All members shall serve on a voluntary basis, without compensation, pursuant to advance written agreement.  Members of the Panel shall be entitled to receive reimbursement for travel expenses and per diem in lieu of subsistence, in accordance with Standard Government Travel Regulations.  Panel members may serve for up to 4-year terms.  A member may serve after the expiration of his/her term until a successor has been sworn in. 

A Federal official, designated by the Secretary or the Administrator, shall serve as the Chair and shall facilitate the Panel meetings.  The Chair's term shall usually be for a period of 4 years, but it may be extended at the discretion of the Administrator or his/her duly appointed designee.

Meetings shall be held up to three times a year.  The Panel Chair shall facilitate meetings and the DFO or designee shall be present at all meetings.  Meetings shall be open to the public except as determined otherwise by the Secretary or other official to whom the authority has been delegated in accordance with the Government in the Sunshine Act of 1976 (5 U.S.C. 552b(c)) and FACA.  Notice of all meetings shall be published in the Federal Register as required by applicable laws and Departmental regulations.  Meetings shall be conducted, and records of the proceedings kept, as required by applicable laws and departmental regulations.

All members shall serve in a voluntary status without compensation pursuant to advance written agreement.  Members of the Panel shall be entitled to receive reimbursement for travel expenses and per diem in lieu of subsistence, in accordance with Standard Government Travel Regulations.