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2006 proposed fee schedule - American Society of Clinical Oncology

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memorandum and an opportunity for public comment on the<br />

<strong>proposed</strong> decision memorandum.<br />

Section 731 <strong>of</strong> the MMA <strong>of</strong> 2003 modifies certain<br />

288<br />

timeframes in the NCD review process. Specifically, the MMA<br />

amended section 1862(l) <strong>of</strong> the Act to specify that for NCD<br />

requests not requiring an external technology assessment<br />

(TA) or Medicare Coverage Advisory Committee (MCAC) review,<br />

the decision on the request shall be made not later than 6<br />

months after the date the request is received. For those<br />

NCD requests requiring either an external TA or MCAC review,<br />

where a clinical trial is not requested, the decision on the<br />

request must be made not later than 9 months after the date<br />

the request is received.<br />

Furthermore, section 731 <strong>of</strong> the MMA stipulates that not<br />

later than the end <strong>of</strong> the 6 or 9 month period described<br />

above, a draft <strong>of</strong> the <strong>proposed</strong> decision must be made<br />

available on the CMS website (or other appropriate means)<br />

for public comment. This comment period will last 30 days.<br />

Comments will be reviewed and a final decision will be<br />

issued not later than 60 days after the conclusion <strong>of</strong> the<br />

comment period. A summary <strong>of</strong> the public comments received<br />

and responses to the comments will continue to be included<br />

in the final NCD.<br />

In light <strong>of</strong> the procedural change made by section 731<br />

<strong>of</strong> the MMA that requires a public comment period before we

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