News Briefs: Government Updates

This roundup includes the following brief government updates:

CMS is warning physicians about a scam in which the perpetrators are sending faxes to physician offices posing as a Medicare carrier or Medicare administrative contractor, or MAC.

According to CMS, the fax instructs medical practice staff to respond to a questionnaire by providing updates on account information within 48 hours to prevent a gap in Medicare payments. The fax may carry the CMS logo, a MAC or carrier logo, or both to enhance the appearance of authenticity.

"Medicare fee-for-service providers, including physicians and nonphysician providers, should be wary of this request," says CMS in a prepared statement.

The agency advises physicians and other providers to check with their contractors before submitting any information if they receive such a request. When sending information to Medicare contractors, providers should use only the addresses shown on the "Medicare Fee-for-Service Provider Enrollment Contact List" (11-page PDF; About PDFs) that can be downloaded from the CMS Web site, says the agency.

Congress has passed legislation giving the FDA the power to regulate tobacco products for the first time. The measure, H.R. 1256, (at the THOMAS Web site, type "H.R. 1256" in the search box after selecting "Bill Number") allows the FDA to regulate nicotine levels and bar flavor additives in tobacco products, as well as require new warning labels on cigarette and other tobacco product packages and advertising.

President Obama has said he will sign the measure.

The legislation will create a new entity within the FDA called the Center for Tobacco Products to regulate the production, marketing and sale of tobacco products. The bill relies on user fees on tobacco companies and importers to pay for the new oversight.

The FDA does not have the authority to completely ban tobacco products under the legislation, but the agency will have the ability to restrict the sale, advertising or marketing of tobacco products as long as such restrictions do not violate the Constitution. Under the measure, tobacco product labels cannot carry descriptive information such as "light," "mild" or "low tar." The FDA also can establish content standards to eliminate harmful ingredients.