Title I

  • Sec. 2718 – The National Association of Insurance Commissioners (NAIC) on Aug. 17 approved a form and instructions that health plans will use to report medical loss ratio under the health reform law. NAIC continues to work on a model regulation that is expected to be completed in the next few weeks and then will be submitted to HHS.
  • Sec. 2719 – HHS posted additional guidance on the federal external review process in connection with required appeals process for health plans, as well as a notice of the availability of model notices that would conform with a previously published interim final rule. For details, see
  • Sec. 1002 – HHS announced availability of $29 million in grants to help states offer insurance information and ombudsman activities. The application deadline is September 10. For details, see
  • Sec. 1003 – HHS announced award of the first round of $46 million in previously announced grants to states to conduct annual review of premium increases by health plans. To see the announcement, go to
  • Sec. 1102 – HHS announced that almost 2,000 applications have been approved for the Early Retiree Reinsurance Program. The Department also unveiled a new secure website that participants may use to submit information and request reimbursement for covered costs. To view the website, see

Title II

  • Sec. 2403 – Money Follows the Person Rebalancing Demonstration – CMS recently issued a grant solicitation making available planning grants to assist states in their ability to provide needed resources to develop and submit an Operational Protocol to meet the requirements of the 2011 MFP Rebalancing Demonstration (Funding Opportunity Number (FON) CMS-1LI-11-001 by January 7, 2011. Planning Grant applications are due September 7, 2010. For more information, see: or
  • Sec. 2703 – State Option to Provide Health Homes for Enrollees with Chronic Conditions – An archive webcast has been made available by the National Association for State Health Policy (NASHP) as it pertains to the August 12, 2010 presentation given by CMS officials on this new state plan option. To view the archived webinar, visit:
  • Sec. 2402 – Removal of Barriers to Providing Home and Community-Based Services – On August 9, 2010, CMS issued a State Medicaid Director (SMD) letter that provides information about several changes to Section 1915(i) of the Social Security Act as a result of the passage of PPACA. To view the SMD letter, please visit:
  • Sec. 2706 – Pediatric Accountable Care Organization Demonstration Project – On August 12, 2010 CMS held an invite-only special listening session to discuss the Medicare Shared Savings Program, ACOs. CMS plans to convene another invite-only special listening session on Medicare ACOs on September 8, 2010.

Title III

  • Secs. 3002, 3003, and 3007 – CMS announced a listening session on transitioning to a Medicare value-based purchasing program, implementation of the new value-based payment modifier, and improvements to the physician feedback program. The session will be conducted on September 24 from 10am-4pm EDT (must register by 9/22). See:
  • Sec. 3022 – CMS held a special listening session regarding the Shared Savings program where stakeholders provided input regarding a wide array of issues relating to ACOs. HPS circulated a summary on 8/12 but we are happy to resend upon request.The next session will likely be held on 9/8/10, but no information regarding registration has been posted yet.
  • Sec. 3103 – CMS held an open door forum with physicians, nurses, and allied health professionals where it solicited participants for the “Part B Outpatient Therapy Payment Alternatives Study.” A transcript of the discussion can be accessed at
  • Sec. 3123 – CMS announced the launch of the expanded Rural Community Hospital demo. Only hospitals in AK, AZ, AR, CO, ID, IA, KS, ME, MN, MS, MT, NE, NV, NM, ND, OK, OR, SD, UT, and WY are eligible.Applications are due October 14. See
  • Sec. 3127 – In a related development, in August ’10, IOM announced it will be evaluating the accuracy of geographic adjustment factors used for Medicare payment. See
  • Sec. 3129 – While not specifically due to this provision, CMS announced the awardees for several rural health grant programs, including the (previously funded) Rural Hospital Flexibility Program. The winners are identified here:
  • Sec. 3303 – CMS released the CY11 Part D premium estimates, benchmarks, and the de minimus amount. See this link for the CMS press release: This link includes the benchmarks, average monthly bid, and other information:
  • Sec. 10332M – CMS announced it will hold a listening session regarding implementation of this provision on September 20 from 9am-1pm EDT (registration must be complete by 9/16). For more information see

Title IV

  • Sec. 4002 – Prevention and Public Health Fund – On August 12, 2010, the CDC announced the availability of PPACA funds to support the Recovery Act-authorized “Communities Putting Prevention to Work” initiative. In particular, the funding will help create additional tobacco quitters, beyond what states and jurisdictions have projected to achieve in Recovery Act funded programs. To view the solicitation, visit: Applications are due September 03, 2010 by 5:00 p.m. EST.
  • Sec. 4205 – Nutrition Labeling of Standard Menu Items at Chain Restaurants – On August 25, 2010, the FDA published guidance titled, “Draft Guidance for Industry: Questions and Answers Regarding Implementation of the Menu Labeling Provisions of Section 4205 of the Patient Protection and Affordable Care Act of 2010; Availability.”Comments on the draft guidance are due by October 12, 2010. For more information, see: and
  • Sec. 4104 – Removal of Barriers to Preventive Services in Medicare – In related news, note that CMs on August 25, 2010 announced expanded Medicare coverage of evidence-based tobacco cessation counseling. In accordance with section 4104 of PPACA, effective January 1, 2011, Medicare will cover preventive care services, including the tobacco cessation counseling services provided under the Agency’s recent decision, and other services. To view the press release, visit:
  • Secs. 4103 and 4104 – Medicare Coverage of Annual Wellness Visit Providing a Personalized Prevention Plan and Removal of Barriers to Preventive Services in Medicare, respectively – Note that, in addition to addressing these provisions in the CY 2011 Medicare proposed Physician Fee Schedule rule, CMS also addressed these provision in the CY 2011 HOPPS/ASC proposed rule, available at:
  • Related (Non-PPACA) Note:
  • On a related note, on August 30, 2010, AHRQ posted a notice in the Federal Register announcing its intent to solicit nominations to the USPSTF. Nominations are due by October 1, 2010. To view the notice, visit:

Title V

  • Sec. 5305 – Geriatric Education and Training; Career Awards; Comprehensive Geriatric Education – In related news, on August 5, 2010, HHS announced the availability of $159.1 million in funding to support the investments under PPACA and the Recovery Act to strengthen the primary care workforce. Included in such funds is $29.5 million to fund three geriatric education and training programs at accredited health professions schools. To view the awards and the press release, visit:
  • Sec. 5306 – Mental and Behavioral Health Education and Training Grants – In a related but non-PPACA announcement, note that on August 13. 2010, HRSA announced the award of $2.6 million in training grants to expand mental and behavioral health care services for vulnerable and underserved populations under the “Graduate Psychology Education Program (GPEP): Workforce Training to Improve Access to Mental Health Services” program. For more information, visit:
  • Sec. 5308 – Advanced Nursing Education Grants – In related news, on August 5, 2010, HHS announced the availability of $159.1 million in funding to support the investments under PPACA and the Recovery Act to strengthen the primary care workforce. Included in such funds is $106 million to support all levels of nursing education, including $42 million to support advanced education nursing. To view the awards and the press release, visit:
  • Sec. 5309 – Nurse Education, Practice, and Retention Grants – In related news, on August 5, 2010, HHS announced the availability of $159.1 million in funding to support the investments under PPACA and the Recovery Act to strengthen the primary care workforce. Included in such funds is $106 million to support all levels of nursing education. To view the awards and the press release, visit:
  • Sec. 5401 – Centers of Excellence – In related news, on August 5, 2010, HHS announced the availability of $159.1 million in funding to support the investments under PPACA and the Recovery Act to strengthen the primary care workforce. Included in such funds is $23.6 million to support 18 Centers of Excellence programs that are designed to improve the recruitment and performance of underrepresented minority students preparing for health professions careers. To view the awards and the press release, visit:
  • Secs. 5503 to 5506 re: Residency Positions – Note that these provisions were addressed in CMS’ CY 2011 HOPPS/ASC proposed rule, available at:
  • Sec. 5508 – Increasing Teaching Capacity (Primary Care Residency Programs) – On August 31, 2010, HRSA hosted a webinar to discuss the Teaching Health Centers program. For more information, see:
  • Sec. 10502M – Infrastructure to Expand Access to Care – On August 18, 2010 announced the following grant opportunity: “Infrastructure to Expand Access to Care (HRSA-11-126).” Institutions of higher education located in one of the 50 states with an academic health center and the state’s sole public academic medical and dental school are eligible to apply. Applications are due October 4, 2010 by 8 p.m. EST. More information is available at:
  • Sec. 10503M – Community Health Centers and National Health Service Corps Fund – On August 9, 2010, HRSA announced the availability of up to $250 million in grants for “New Access Points” for the delivery of primary health care services for underserved and vulnerable populations under the Health Center Program. Organizations eligible to compete include public or nonprofit private entities, including tribal, faith-based and community-based organizations. Additionally, note that HRSA is hosting a series of technical assistance conference calls on the grant opportunity that pertain to a variety of topics: (1) September 2, 2010 (general TA); (2) September 21, 2010 (special populations TA); and (3) September 23, 2010 (clinical and financial performance measures). For more information about these calls, visit: Applications are due November 17, 2010. To view the funding opportunity, visit: Additionally, on August 25, 2010 HRSA announced a number of non-PPACA authorized a number of service area-specific competitions for “Consolidated Health Centers” (community health centers, migrant health centers, health care for the homeless, and public housing). Due dates vary from late October to January. See for more details.
  • Related (Non-PPACA) Notes:
  • In a related event, on August 24, 2010, HRSA announced the availability of $32 million in FY 2010 (non-PPACA) funds to increase access to health care for Americans living in rural areas, including: (1) More than $22 million for the Medicare Rural Hospital Flexibility Program; (2) More than $3 million for the Rural Health Workforce Development Program; (3) More than $2 million for the Telehealth Network Grant Program; (4) More than $1 million for the Telehealth Resources Center Grant Program; (5) Close to $1 million for the Flex Rural Veterans Health Access Program; (6) $770,000 for the Frontier Community Health Integration Demonstration Program; and (7) almost $500,000 to the Rural Training Track Technical Assistance Demonstration Program. For more information, visit:
  • On August 6, 2010 and August 26, 2010, HRSA announced the following related but non-PPACA authorized grant opportunities: (1) “Rural Health Network Development Planning Grant Program (Network Planning)” – applications due October 8, 2010 by 8 p.m. EST; and (2) “Rural Health Network Development Grant Program” – applications due November 12, 2010 by 8 p.m. EST. More information is available at:

Title VI

  • Sect. 6407 -- In the CY 2011 Home Health Prospective Payment System proposed rule, CMS addressed the home health portion of the statutory change by proposing that physicians document a face-to-face encounter no more than 30 days before the home health start-of-care date. For details, see . The comment period ends September 14.
  • Sec. 6507 -- On September 1, CMS issued a State Medicaid Director letter implementing the provision. It will be posted shortly at

Title VII

  • Sec. 7101 – HRSA announced the rolling application period for newly eligible safety net providers to sign up for the expanded 340B program.The enrollment period ends September 30. See this link for more information:

Title VIII (no developments)

Title IX

  • Sec. 9002 -- IRS posted a notice on its website that the reporting is for informational purposes only to show employees the value of their healthcare benefits, and does not affect tax liability because the value of the employer contribution to health coverage remains non-taxable for employees.
  • Sec. 9023 – HHS released additional guidance to help those applying for the Qualifying Therapeutic Discovery Project tax credit. For details, see