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Federal Register / Vol. 70, No.

195 / Tuesday, October 11, 2005 / Notices 59071

physician services after the transfer of operating, acquiring, and developing ways to enhance the quality, utility, and
ownership to Renal Advantage. outpatient dialysis clinics. The clarity of the information to be
Similarly, the Consent Agreement company has received a substantial collected; and (d) ways to minimize the
requires DaVita to obtain the consent of equity investment from Welsh, Carson, burden of the collection of information
all lessors necessary to assign the leases Anderson, and Stowe, which is the on respondents, including through the
for the real property associated with the largest healthcare-focused private equity use of automated collection techniques
divested clinics to Renal Advantage. firm in the United States. or other forms of information
These provisions ensure that Renal The Commission has appointed Mitch technology. Written comments should
Advantage will have the assets Nielson and John Strack of FocalPoint be received within 60 days of this
necessary to operate the divested clinics Medical Consulting Group notice.
in a competitive manner. (‘‘FocalPoint’’) as Monitors to oversee
The Consent Agreement contains Proposed Project
the transition service agreements, and
several additional provisions designed the implementation of, and compliance Online Surveys to Measure
to ensure that the divestitures are with, the Consent Agreement. Messrs. Awareness of Chronic Fatigue
successful. First, the Consent Agreement Nielson and Strack are the principles of Syndrome Public Awareness Campaign
provides Renal Advantage with the FocalPoint, which provides consulting (OMB Control No. 0920–05CW)—New—
opportunity to interview and hire services to the healthcare industry. National Center for Health Marketing
employees affiliated with the divested The purpose of this analysis is to (NCHM), Centers for Disease Control
clinics and prevents DaVita from facilitate public comment on the and Prevention (CDC).
offering these employees incentives to Consent Agreement, and it is not Background and Brief Description
decline Renal Advantage’s offer of intended to constitute an official
employment. This will ensure that interpretation of the proposed Decision Chronic fatigue syndrome (CFS) is a
Renal Advantage has access to patient and Order or the Order to Maintain serious illness that affects many
care and supervisory staff who are Assets, or to modify their terms in any Americans. With as many as 900,000
familiar with the clinics’ patients and cases, many of which are misdiagnosed
way.
the local physicians. Second, the or left undiagnosed, the need for a CFS
By direction of the Commission. public education and awareness
Consent Agreement prevents DaVita
from contracting with the medical Donald S. Clark, campaign is crucial.
directors (or their practice groups) Secretary. With an estimated $9.1 billion lost
affiliated with the divested clinics for [FR Doc. 05–20312 Filed 10–7–05; 8:45 am] annually in U.S. productivity due to
three years. This provides Renal BILLING CODE 6750–01–P CFS, the economic impact is a
Advantage with sufficient time to build substantial reason for Americans to take
goodwill and a working relationship notice. More importantly, the
with its medical directors before DaVita DEPARTMENT OF HEALTH AND diminished quality of life for many
can attempt to capitalize on its prior HUMAN SERVICES patients suffering from CFS is especially
relationships in soliciting their services. hard to manage. The lack of quality
Third, to ensure continuity of patient Centers for Disease Control and information regarding CFS makes it all
care and records as Renal Advantage Prevention the more difficult for those affected by
implements its quality care, billing, and CFS to receive the support and
[60Day–06–05CW] treatment needed to manage this illness.
supply systems, the Consent Agreement
allows DaVita to provide transition Research shows that 80 to 90 percent
Proposed Data Collections Submitted of patients have not been clinically
services for a period of 12 months. for Public Comment and
Firewalls and confidentiality diagnosed and are not receiving proper
Recommendations medical care. Lack of awareness and
agreements have been established to
ensure that competitively sensitive In compliance with the requirement information among health care
information is not exchanged. Fourth, of Section 3506(c)(2)(A) of the providers about CFS as a serious and
the Consent Agreement requires DaVita Paperwork Reduction Act of 1995 for treatable illness has created significant
to provide Renal Advantage with a opportunity for public comment on barriers to diagnosing and treating those
license to use DaVita’s policies and proposed data collection projects, the who suffer from CFS.
procedures, as well as the option to Centers for Disease Control and Congress recognized the need to
obtain DaVita’s medical protocols, Prevention (CDC) will publish periodic change this scenario, as reported in the
which will further enhance Renal summaries of proposed projects. To Committee Reports for the Senate
Advantage’s ability to provide request more information on the Appropriations Committee (Senate
continuity of care to patients. Finally, proposed projects or to obtain a copy of Report 108–345—To accompany S. 2810
the Consent Agreement requires DaVita the data collection plans and Sept. 15, 2004) when the committee
to provide prior notice to the instruments, call 404–371–5983 and stated:
Commission of its planned acquisitions send comments to Seleda Perryman, Further, the Committee encourages CDC to
of dialysis clinics located in the 35 CDC Assistant Reports Clearance better inform the public about this condition,
markets addressed by the Consent Officer, 1600 Clifton Road, MS–D74, its severity and magnitude and to use
Agreement. This provision ensures that Atlanta, GA 30333 or send an e-mail to heightened awareness to create a registry of
omb@cdc.gov. CFS patients to aid research in this field.
subsequent acquisitions do not
adversely impact competition in the Comments are invited on: (a) Whether During the next two years, CDC, in
markets at issue and undermine the the proposed collection of information partnership with the Chronic Fatigue
remedial goals of the proposed order. is necessary for the proper performance and Immune Dysfunction Syndrome
The Commission is satisfied that of the functions of the agency, including (CFIDS) Association of America, will
Renal Advantage is a qualified acquirer whether the information shall have build the case that chronic fatigue
of the divested assets. Renal Advantage practical utility; (b) the accuracy of the syndrome is real, serious and should be
is a newly-formed company whose agency’s estimate of the burden of the diagnosed quickly to ensure the best
management has extensive experience proposed collection of information; (c) possible health outcomes.

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59072 Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Notices

To do so, a public education and that CFS is a diagnosable and treatable and follow-up surveys. These surveys
awareness campaign will be launched to physical illness. will measure not only the level of
bring about changes in beliefs and social Although considerable research will awareness created by the campaign, but
norms among target audiences be done to ensure that campaign will measure change in key knowledge,
(consumers: women aged 40–60, themes, messages, and materials are attitudes and beliefs about CFS among
healthcare practitioners: nurse effective, there is no way to test the the target audiences. There is no cost to
practitioners and physician assistants) impact of the campaign on the target respondents other than their time.
audience other than to conduct baseline
ESTIMATE OF ANNUALIZED BURDEN HOURS
Number of Response Total annual
Number of responses burden per
Respondents Instrument burden
respondents per re- respondent (in hours)
spondent (in hours)

Consumers (Women, 40–60 years of age) Pre-program survey ................................. 400 1 10/60 67
Consumers (Women, 40–60 years of age) Post-program survey ............................... 400 1 10/60 67
Physician Assistants .................................. Pre-program survey ................................. 200 1 10/60 33
Physician Assistants .................................. Post-program survey ............................... 200 1 10/60 33
Nurse Practitioners .................................... Pre-program survey ................................. 200 1 10/60 33
Nurse Practitioners .................................... Post-program survey ............................... 200 1 10/60 33

Total ................................................... .................................................................. .................... .................... .................... 266

Dated: October 4, 2005. clearance under 44 U.S.C. 3507. An to an Approved Application, Labeling,
Betsey Dunaway, agency may not conduct or sponsor, and Revocation and Suspension, and Forms
Acting Reports Clearance Officer, Centers for a person is not required to respond to, FDA 356h and 2567’’ has been approved
Disease Control and Prevention. a collection of information unless it by the Office of Management and
[FR Doc. 05–20323 Filed 10–7–05; 8:45 am] displays a currently valid OMB control Budget (OMB) under the Paperwork
BILLING CODE 4163–18–P number. OMB has now approved the Reduction Act of 1995.
information collection and has assigned
OMB control number 0910–0389. The FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HEALTH AND approval expires on August 31, 2008. A Jonna Capezzuto, Office of Management
HUMAN SERVICES copy of the supporting statement for this Programs (HFA–250), Food and Drug
information collection is available on Administration, 5600 Fishers Lane,
Food and Drug Administration the Internet at http://www.fda.gov/ Rockville, MD 20857, 301–827–4659.
[Docket No. 2004N–0526] ohrms/dockets. SUPPLEMENTARY INFORMATION: In the
Dated: October 3, 2005. Federal Register of July 21, 2005 (70 FR
Agency Information Collection Jeffrey Shuren, 42068), the agency announced that the
Activities; Announcement of Office of Assistant Commissioner for Policy. proposed information collection had
Management and Budget Approval;
[FR Doc. 05–20305 Filed 10–7–05; 8:45 am] been submitted to OMB for review and
Guidance for Industry: Fast Track Drug
BILLING CODE 4160–01–S clearance under 44 U.S.C. 3507. An
Development Programs—Designation,
Development, and Application Review agency may not conduct or sponsor, and
a person is not required to respond to,
AGENCY: Food and Drug Administration, DEPARTMENT OF HEALTH AND a collection of information unless it
HHS. HUMAN SERVICES displays a currently valid OMB control
ACTION: Notice. number. OMB has now approved the
Food and Drug Administration
information collection and has assigned
SUMMARY: The Food and Drug [Docket No. 2005N–0083] OMB control number 0910–0338. The
Administration (FDA) is announcing approval expires on September 30,
that a collection of information entitled Agency Information Collection 2008. A copy of the supporting
‘‘Guidance for Industry: Fast Track Drug Activities; Announcement of Office of statement for this information collection
Development Programs—Designation, Management and Budget Approval;
is available on the Internet at http://
Development, and Application Review’’ General Licensing Provisions:
www.fda.gov/ohrms/dockets.
has been approved by the Office of Biologics License Application,
Management and Budget (OMB) under Changes to an Approved Application, Dated: October 3, 2005.
the Paperwork Reduction Act of 1995. Labeling, Revocation and Suspension, Jeffrey Shuren,
FOR FURTHER INFORMATION CONTACT: and Forms FDA 356h and 2567 Assistant Commissioner for Policy.
Jonna Capezzuto, Office of Management AGENCY: Food and Drug Administration, [FR Doc. 05–20306 Filed 10–7–05; 8:45 am]
Programs (HFA–250), Food and Drug HHS. BILLING CODE 4160–01–S
Administration, 5600 Fishers Lane,
ACTION: Notice.
Rockville, MD 20857, 301–827–4659.
SUPPLEMENTARY INFORMATION: In the SUMMARY: The Food and Drug
Federal Register of June 7, 2005 (70 FR Administration (FDA) is announcing
33177), the agency announced that the that a collection of information entitled
proposed information collection had ‘‘General Licensing Provisions:
been submitted to OMB for review and Biologics License Application, Changes

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