[Comments on the Responsibilities and Operations of the Technology Advisory Committee]

Pursuant to a congressional request, GAO commented on the Health Care Financing Administration's (HCFA) Technology Advisory Committee, focusing on: (1) a description of the responsibilities and operations of the Committee; (2) whether the Committee is in compliance with the requirements of the Federal Advisory Committee Act (FACA); and (3) the legal implications of noncompliance. GAO noted that: (1) the purpose of the Committee is to help HCFA make decisions concerning whether Medicare should reimburse providers on a national basis for new procedures and technologies; (2) the Committee meets several times a year to consider an agenda established by HCFA; (3) the membership has consisted of both government employees and carrier medical directors; (4) although it merely provides information in some instances, the Committee has on occasion made recommendations to HCFA; (5) as it was constituted as of December 31, 1997, the Committee was an advisory committee as defined in the FACA, but was not operating in compliance with the act; (6) FACA requires that meetings of an advisory committee be open, unless a specific exception to that requirement is invoked; (7) although HCFA promptly publishes a summary of meetings of the Committee after they take place, the meetings are not open to the public, and no exception has been invoked; (8) the Committee has also not been in compliance with other provisions of FACA; (9) FACA is silent concerning the consequences of noncompliance; and (10) a person who can establish that he is adversely affected by the violation can seek relief from the courts, which are free to craft what they consider to be an appropriate remedy.