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61434 Federal Register / Vol. 70, No.

204 / Monday, October 24, 2005 / Notices

a one-year interim extension of the term COMMODITY FUTURES TRADING payment system should be addressed to
of U.S. Patent No. 4,650,787. COMMISSION the appropriate contractor.
Sunshine Act Meeting rule published on September 1, 1987 (52
Karin Ferriter by telephone at (571)
272–7744; by mail marked to her FR 32992) set forth the basic procedures
attention and addressed to Mail Stop used under the CHAMPUS DRG-based
Commodity Futures Trading payment system. This was subsequently
Patent Ext., Commissioner for Patents, Commission
P.O. Box 1450, Alexandria, VA 22313– amended by final rules published
FEDERAL REGISTER CITATION OF PREVIOUS August 31, 1988 (53 FR 33461), October
1450; by fax marked to her attention at
ANNOUNCEMENT: 70 FR 194. 21, 1988 (53 FR 41331), December 16,
(571) 273–7744, or by e-mail to PREVIOUSLY ANNOUNCED TIME AND DATE OF 1988 (53 FR 50515), May 30, 1990 (55
THE MEETING: 11 a.m., Wednesday, FR 21863), October 22, 1990 (55 FR
SUPPLEMENTARY INFORMATION: Section October 26, 2005. 42560), and September 10, 1998 (63 FR
156 of Title 35, United States Code, CHANGES IN THE MEETING: The Rule 48439). An explicit tenet of these final
generally provides that the term of a Enforcement Review has been moved to rules, and one based on the statute
patent may be extended for a period of Friday, October 28, 2005, at 11:45 a.m. authorizing the use of DRGs by
up to five years if the patent claims a TRICARE, is that the TRICARE DRG-
product, or a method of making or using based payment system is modeled on
Jean A. Webb, (202) 418–5100.
a product, that has been subject to the Medicare PPS, and that, whenever
certain defined regulatory review, and Jean A. Webb, practicable, the TRICARE system will
that the patent may be extended for Secretary of the Commission. follow the same rules that apply to the
interim periods of up to a year if the [FR Doc. 05–21319 Filed 10–20–05; 2:24 pm] Medicare PPS. The Centers for Medicare
regulatory review is anticipated to BILLING CODE 6351–01–M
and Medicaid Services (CMS) publishes
extend beyond the expiration date of the these changes annually in the Federal
patent. Register and discusses in detail the
On April 7, 2005, H3 Pharma, Inc., an DEPARTMENT OF DEFENSE impact of the changes. In addition, this
agent of the Administrators of the notice updates the rates and weights in
Tulane Educational Fund of New Office of the Secretary accordance with our previous final
Orleans, Louisiana, the patent owner, rules. The actual changes we are
timely filed an application under 35 TRICARE; Civilian Health and Medical making, along with a description of
U.S.C. 156(d)(5) for an interim extension Program of the Uniformed Services their relationship to the Medicare PPS,
of the term of U.S. Patent No. 4,650,787. (CHAMPUS); Fiscal Year 2006 are detailed below.
The patent claims the active ingredient Diagnosis Related Group (DRG) I. Medicare PPS Changes Which Affect
vapreotide acetate in the human drug Updates the TRICARE DRG-Based Payment
product Sanvar, and a method of use AGENCY: Office of the Secretary, DoD. System
of said product. The application Following is a discussion of the
ACTION: Notice of DRG revised rates.
indicates that a New Drug Application changes CMS has made to the Medicare
for Sanvar (vapreotide acetate) has SUMMARY: This notice describes the PPS that affect the TRICARE DRG-based
been filed and is currently undergoing changes made to the TRICARE DRG- payment system.
regulatory review before the Food and based payment system in order to
Drug Administration for permission to conform to changes made to the A. DRG Classifications
market or use the product commercially. Medicare Prospective Payment System Under both the Medicare PPS and the
Review of the application indicates (PPS). It also provides the updated fixed TRICARE DRG-based payment system,
that except for permission to market or loss cost outlier threshold, cost-to- cases are classified into the appropriate
use the product commercially, the charge ratios and the Internet address DRG by a Grouper program. The
subject patent would be eligible for an for accessing the updated adjusted Grouper classifies each case into a DRG
extension of the patent term under 35 standardized amount and DRG relative on the basis of the diagnosis and
U.S.C. 156, and that the patent should weights to be used for FY 2006 under procedure codes and demographic
be extended for one year as required by the TRICARE DRG-based payment information (that is, sex, age, and
35 U.S.C. 156(d)(5)(B). Since the system. discharge status). The Grouper used for
regulatory review period extended the TRICARE DRG-based payment
EFFECTIVE DATES: The rates, weights and
beyond the expiration date of the patent system is the same as the current
Medicare PPS changes which affect the Medicare Grouper with two
April 25, 2005, interim extension of the TRICARE DRG-based payment system
patent term under 35 U.S.C. 156(d)(5) is modifications. The TRICARE system has
contained in this notice are effective for replaced Medicare DRG 435 with two
appropriate. admissions occurring on or after age-based DRGs (900 and 901), and has
An interim extension under 35 U.S.C. October 1, 2005. implemented thirty-four (34) neonatal
156(d)(5) of the term of U.S. Patent No. ADDRESSES: TRICARE Management DRGs in place of Medicare DRGs 385
4,650,787 is granted for a period of one Activity (TMA), Medical Benefits and through 390. For admissions occurring
year from the expiration date of the Reimbursement Systems, 16401 East on or after October 1, 2001, DRG 435 has
patent, i.e., until April 25, 2006. Centretech Parkway, Aurora, CO 80011– been replaced by DRG 523. The
Dated: October 17, 2005. 9066. TRICARE system has replaced DRG 523
Jon W. Dudas, FOR FURTHER INFORMATION CONTACT: with the two age-based DRGs (900 and
Under Secretary of Commerce for Intellectual Marty Maxey, Medical Benefits and 901). For admissions occurring on or
Property and Director of the United States Reimbursement Systems, TMA, after October 1, 1995, the CHAMPUS
Patent and Trademark Office. telephone (303) 676–3627. Questions grouper hierarchy logic was changed so
[FR Doc. 05–21191 Filed 10–21–05; 8:45 am] regarding payment of specific claims the age split (age <29 days) and
BILLING CODE 3510–16–P under the TRICARE DRG-based assignments to MDC 15 occur before

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