Notice of Hearing: Reconsideration of Disapproval of Virginia Title XXI State Plan Amendment (SPA) No. 6, 41330-41331 [E7-14607]
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Federal Register / Vol. 72, No. 144 / Friday, July 27, 2007 / Notices
proposed paperwork collections
referenced above, access CMS’ Web site
address at https://www.cms.hhs.gov/
PaperworkReductionActof1995, or
e-mail your request, including your
address, phone number, OMB number,
and CMS document identifier, to
Paperwork@cms.hhs.gov, or call the
Reports Clearance Office on (410) 786–
1326.
To be assured consideration,
comments and recommendations for the
proposed information collections must
be received at the address below, no
later than 5 p.m. on September 25, 2007.
CMS, Office of Strategic Operations
and Regulatory Affairs, Division of
Regulations Development—B, Attention:
William N. Parham, III, Room C4–26–
05, 7500 Security Boulevard, Baltimore,
Maryland 21244–1850.
Dated: July 20, 2007.
Michelle Shortt,
Director, Regulations Development Group,
Office of Strategic Operations and Regulatory
Affairs.
[FR Doc. E7–14481 Filed 7–26–07; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid
Services
Notice of Hearing: Reconsideration of
Disapproval of Virginia Title XXI State
Plan Amendment (SPA) No. 6
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This notice announces an
administrative hearing to be held on
September 4, 2007, at 150 S.
Independence Mall West, Suite 216,
Conference Room #241, Pennsylvania
Room, The Public Ledger Building,
Philadelphia, PA 19106–3499, to
reconsider CMS’ decision to disapprove
Virginia’s title XXI SPA No. 6.
Closing Date: Requests to participate
in the hearing as a party must be
received by the presiding officer by (15
days after publication).
FOR FURTHER INFORMATION CONTACT:
Kathleen Scully-Hayes, Presiding
Officer, CMS, Lord Baltimore Drive,
Mail Stop LB–23–20, Baltimore,
Maryland 21244, Telephone: (410) 786–
2055.
SUPPLEMENTARY INFORMATION: This
notice announces an administrative
hearing to reconsider CMS’ decision to
disapprove Virginia’s title XXI SPA No.
6, which was submitted on June 29,
VerDate Aug<31>2005
16:53 Jul 26, 2007
Jkt 211001
2004. This SPA was disapproved on
April 20, 2007.
Under this SPA, the State requested
the addition of new school-based health
services to the State Children’s Health
Insurance Program (SCHIP) Family
Access to Medical Insurance Security
(FAMIS) benefit package.
The amendment was disapproved
because CMS found that the amendment
violated the statute for reasons set forth
in the disapproval letter.
The following issues are to be decided
at the hearing:
(1) Whether Virginia provided all
information necessary to establish that
the proposed SPA, in the context of its
State child health plan, conformed to all
requirements of the SCHIP statute and
implementing regulations, including:
(a) Information on the exact nature of
the services to be covered; whether
those services are within the definition
of child health assistance at section
2110(a) of the Social Security Act (Act);
(b) Information on proposed provider
qualifications necessary to ensure the
quality and appropriateness of care
pursuant to section 2102(a)(7) of the Act
and ensure that services are provided in
an effective manner pursuant to section
2101(a) of the Act, and;
(c) Information on the budgetary
impact necessary to ensure that services
are provided in an effective and efficient
manner.
(2) In the absence of such information,
whether a disapproval was warranted
when 950 days had passed after CMS
had requested that information.
The Commonwealth of Virginia’s title
XXI SPA No. 6 was submitted to the
CMS on June 29, 2004, with a requested
retroactive effective date of August 3,
2003. This amendment requested the
addition of new school-based health
services to the State’s SCHIP FAMIS
benefit package.
A request for additional information
(RAI) was submitted to the State on
August 18, 2004, which stopped the 90day review period. The RAI included
questions concerning the nature of the
proposed services, the qualifications of
the providers, and the budgetary impact
of the amendment.
To date, the State has not responded
to the request for additional
information.
Section 1116 of the Act and Federal
regulations at 42 CFR part 430, Subpart
D, and section 457.203 establish
Department procedures that provide an
administrative hearing for
reconsideration of a disapproval of a
State plan or plan amendment. CMS is
required to publish a copy of the notice
to a State Medicaid agency that informs
the agency of the time and place of the
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hearing, and the issues to be considered.
If we subsequently notify the agency of
additional issues that will be considered
at the hearing, we will also publish that
notice pursuant to 42 CFR 430.74(a).
Any individual or group that wants to
participate in the hearing as a party
must petition the presiding officer
within 15 days after publication of this
notice, in accordance with the
requirements contained at 42 CFR
430.76(b)(2). Any interested person or
organization that wants to participate as
amicus curiae must petition the
presiding officer before the hearing
begins in accordance with the
requirements contained at 42 CFR
430.76(c). A hearing may be
rescheduled by written agreement
between CMS and a State pursuant to 42
CFR 430.72(a).
The notice to Virginia announcing an
administrative hearing to reconsider the
disapproval of its SPA reads as follows:
Mr. Brian McCormick,
Department of Medical Assistance Services,
Commonwealth of Virginia, 600 East Broad
Street, Suite 1300, Richmond, VA 23219.
Dear Mr. McCormick: I am responding to
your request for reconsideration of the
decision to disapprove Virginia’s title XXI
State plan amendment (SPA) No. 6, which
was submitted on June 29, 2004, and was
disapproved on April 20, 2007.
Under this SPA, the State requested the
addition of new school-based health services
to the State Children’s Health Insurance
Program (SCHIP) Family Access to Medical
Insurance Security (FAMIS) benefit package.
The amendment was disapproved because
the Centers for Medicare & Medicaid Services
(CMS) was not certain if the amendment was
in compliance with section 2106(c) of the
Social Security Act (the Act) because the
State did not respond to a request for
additional information dated August 18,
2004. In the absence of a response, the SPA
was disapproved because there was
insufficient information to make the
necessary determination.
The following issues are to be decided at
the hearing:
(1) Whether Virginia provided all
information necessary to establish that the
proposed SPA, in the context of its State
child health plan, conformed to all
requirements of the SCHIP statute and
implementing regulations, including:
(a) Information on the exact nature of the
services to be covered; whether those
services are within the definition of child
health assistance at section 2110(a) of the
Act;
(b) Information on proposed provider
qualifications necessary to ensure the quality
and appropriateness of care pursuant to
section 2102(a)(7) of the Act and ensure that
services are provided in an effective manner
pursuant to section 2101(a) of the Act, and;
(c) Information on the budgetary impact
necessary to ensure that services are
provided in an effective and efficient
manner.
E:\FR\FM\27JYN1.SGM
27JYN1
Federal Register / Vol. 72, No. 144 / Friday, July 27, 2007 / Notices
(2) In the absence of such information,
whether a disapproval was warranted when
950 days had passed after CMS had requested
that information.
The Commonwealth of Virginia’s title XXI
SPA No. 6 was submitted to CMS on June 29,
2004, with a requested retroactive effective
date of August 3, 2003. This amendment
requested the addition of new school-based
health services to the State’s SCHIP FAMIS
benefit package.
A request for additional information was
submitted to the State on August 18, 2004,
which stopped the 90-day review period. The
request for information included questions
concerning the nature of the proposed
services, the qualifications of the providers,
and the budgetary impact of the amendment.
To date, the State has not responded to this
request for information.
I am scheduling a hearing on your request
for reconsideration to be held on September
4, 2007, at 150 S. Independence Mall West,
Suite 216, Conference Room #241
(Pennsylvania Room), The Public Ledger
Building, Philadelphia, PA 19106–3499, to
reconsider the decision to disapprove SPA
No. 6. If this date is not acceptable, we would
be glad to set another date that is mutually
agreeable to the parties. The hearing will be
governed by the procedures prescribed by
Federal regulations at 42 CFR Part 430,
Subpart D, and section 457.203.
I am designating Ms. Kathleen ScullyHayes as the presiding officer. If these
arrangements present any problems, please
contact the presiding officer at (410) 786–
2055. In order to facilitate any
communication which may be necessary
between the parties to the hearing, please
notify the presiding officer to indicate
acceptability of the hearing date that has
been scheduled and provide names of the
individuals who will represent the State at
the hearing.
Sincerely,
Leslie V. Norwalk, Esq.,
Acting Administrator.
Section 1116 of the Social Security Act
(42 U.S.C. section 1316); 42 CFR
430.18)
(Catalog of Federal Domestic Assistance
program No. 13.714, Medicaid Assistance
Program.)
Dated: July 20, 2007.
Leslie V. Norwalk,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E7–14607 Filed 7–26–07; 8:45 am]
jlentini on PROD1PC65 with NOTICES
BILLING CODE 4120–01–P
VerDate Aug<31>2005
16:53 Jul 26, 2007
Jkt 211001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare and Medicaid
Services
[CMS–2272–PN]
Medicare and Medicaid Programs;
Application by the American
Osteopathic Association (AOA) for
Continued Deeming Authority for
Critical Access Hospitals (CAHs)
Centers for Medicare and
Medicaid Services, HHS.
ACTION: Proposed notice.
AGENCY:
SUMMARY: This proposed notice with
comment period acknowledges the
receipt of a deeming application from
the American Osteopathic Association
(AOA) for continued recognition as a
national accrediting organization for
Critical Access Hospitals (CAH) that
wish to participate in the Medicare or
Medicaid programs. Section
1865(b)(3)(A) of the Social Security Act
(the Act) requires that within 60 days of
receipt of an organization’s complete
application, we publish a notice that
identifies the national accrediting body
making the request, describes the nature
of the request, and provides at least a
30-day public comment period.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on August 27, 2007.
ADDRESSES: In commenting, please refer
to file code CMS–2272–PN. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (no duplicates, please):
1. Electronically. You may submit
electronic comments on specific issues
in this regulation to https://
www.cms.hhs.gov/eRulemaking. Click
on the link ‘‘Submit electronic
comments on CMS regulations with an
open comment period.’’ (Attachments
should be in Microsoft Word,
WordPerfect, or Excel; however, we
prefer Microsoft Word.)
2. By regular mail. You may mail
written comments (one original and two
copies) to the following address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–2272–
PN, P.O. Box 8015, Baltimore, MD
21244–8015.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments (one
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41331
original and two copies) to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–2272–PN, Mail Stop C4–26–05,
7500 Security Boulevard, Baltimore, MD
21244–1850.
4. By hand or courier. If you prefer,
you may deliver (by hand or courier)
your written comments (one original
and two copies) before the close of the
comment period to one of the following
addresses. If you intend to deliver your
comments to the Baltimore address,
please call telephone number (410) 786–
9994 in advance to schedule your
arrival with one of our staff members.
Room 445–G, Hubert H. Humphrey
Building, 200 Independence Avenue,
SW., Washington, DC 20201; or
7500 Security Boulevard, Baltimore, MD
21244–1850.
(Because access to the interior of the
HHH Building is not readily available to
persons without Federal Government
identification, commenters are
encouraged to leave their comments in
the CMS drop slots located in the main
lobby of the building. A stamp-in clock
is available for persons wishing to retain
a proof of filing by stamping in and
retaining an extra copy of the comments
being filed.)
Comments mailed to the addresses
indicated as appropriate for hand or
courier delivery may be delayed and
received after the comment period.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Cindy Melanson, (410) 786–0310.
Patricia Chmielewski, (410) 786–6899.
SUPPLEMENTARY INFORMATION:
Submitting Comments: We welcome
comments from the public on all issues
set forth in this proposed notice to assist
us in fully considering issues and
developing policies. You can assist us
by referencing the file code CMS–2272–
PN and the specific ‘‘issue identifier’’
that precedes the section on which you
choose to comment.
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following Web
site as soon as possible after they have
been received: https://www.cms.hhs.gov/
eRulemaking. Click on the link
‘‘Electronic Comments on CMS
Regulations’’ on that Web site to view
public comments.
E:\FR\FM\27JYN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 144 (Friday, July 27, 2007)]
[Notices]
[Pages 41330-41331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14607]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval of Virginia
Title XXI State Plan Amendment (SPA) No. 6
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
September 4, 2007, at 150 S. Independence Mall West, Suite 216,
Conference Room 241, Pennsylvania Room, The Public Ledger
Building, Philadelphia, PA 19106-3499, to reconsider CMS' decision to
disapprove Virginia's title XXI SPA No. 6.
Closing Date: Requests to participate in the hearing as a party
must be received by the presiding officer by (15 days after
publication).
FOR FURTHER INFORMATION CONTACT: Kathleen Scully-Hayes, Presiding
Officer, CMS, Lord Baltimore Drive, Mail Stop LB-23-20, Baltimore,
Maryland 21244, Telephone: (410) 786-2055.
SUPPLEMENTARY INFORMATION: This notice announces an administrative
hearing to reconsider CMS' decision to disapprove Virginia's title XXI
SPA No. 6, which was submitted on June 29, 2004. This SPA was
disapproved on April 20, 2007.
Under this SPA, the State requested the addition of new school-
based health services to the State Children's Health Insurance Program
(SCHIP) Family Access to Medical Insurance Security (FAMIS) benefit
package.
The amendment was disapproved because CMS found that the amendment
violated the statute for reasons set forth in the disapproval letter.
The following issues are to be decided at the hearing:
(1) Whether Virginia provided all information necessary to
establish that the proposed SPA, in the context of its State child
health plan, conformed to all requirements of the SCHIP statute and
implementing regulations, including:
(a) Information on the exact nature of the services to be covered;
whether those services are within the definition of child health
assistance at section 2110(a) of the Social Security Act (Act);
(b) Information on proposed provider qualifications necessary to
ensure the quality and appropriateness of care pursuant to section
2102(a)(7) of the Act and ensure that services are provided in an
effective manner pursuant to section 2101(a) of the Act, and;
(c) Information on the budgetary impact necessary to ensure that
services are provided in an effective and efficient manner.
(2) In the absence of such information, whether a disapproval was
warranted when 950 days had passed after CMS had requested that
information.
The Commonwealth of Virginia's title XXI SPA No. 6 was submitted to
the CMS on June 29, 2004, with a requested retroactive effective date
of August 3, 2003. This amendment requested the addition of new school-
based health services to the State's SCHIP FAMIS benefit package.
A request for additional information (RAI) was submitted to the
State on August 18, 2004, which stopped the 90-day review period. The
RAI included questions concerning the nature of the proposed services,
the qualifications of the providers, and the budgetary impact of the
amendment.
To date, the State has not responded to the request for additional
information.
Section 1116 of the Act and Federal regulations at 42 CFR part 430,
Subpart D, and section 457.203 establish Department procedures that
provide an administrative hearing for reconsideration of a disapproval
of a State plan or plan amendment. CMS is required to publish a copy of
the notice to a State Medicaid agency that informs the agency of the
time and place of the hearing, and the issues to be considered. If we
subsequently notify the agency of additional issues that will be
considered at the hearing, we will also publish that notice pursuant to
42 CFR 430.74(a).
Any individual or group that wants to participate in the hearing as
a party must petition the presiding officer within 15 days after
publication of this notice, in accordance with the requirements
contained at 42 CFR 430.76(b)(2). Any interested person or organization
that wants to participate as amicus curiae must petition the presiding
officer before the hearing begins in accordance with the requirements
contained at 42 CFR 430.76(c). A hearing may be rescheduled by written
agreement between CMS and a State pursuant to 42 CFR 430.72(a).
The notice to Virginia announcing an administrative hearing to
reconsider the disapproval of its SPA reads as follows:
Mr. Brian McCormick,
Department of Medical Assistance Services, Commonwealth of Virginia,
600 East Broad Street, Suite 1300, Richmond, VA 23219.
Dear Mr. McCormick: I am responding to your request for
reconsideration of the decision to disapprove Virginia's title XXI
State plan amendment (SPA) No. 6, which was submitted on June 29,
2004, and was disapproved on April 20, 2007.
Under this SPA, the State requested the addition of new school-
based health services to the State Children's Health Insurance
Program (SCHIP) Family Access to Medical Insurance Security (FAMIS)
benefit package. The amendment was disapproved because the Centers
for Medicare & Medicaid Services (CMS) was not certain if the
amendment was in compliance with section 2106(c) of the Social
Security Act (the Act) because the State did not respond to a
request for additional information dated August 18, 2004. In the
absence of a response, the SPA was disapproved because there was
insufficient information to make the necessary determination.
The following issues are to be decided at the hearing:
(1) Whether Virginia provided all information necessary to
establish that the proposed SPA, in the context of its State child
health plan, conformed to all requirements of the SCHIP statute and
implementing regulations, including:
(a) Information on the exact nature of the services to be
covered; whether those services are within the definition of child
health assistance at section 2110(a) of the Act;
(b) Information on proposed provider qualifications necessary to
ensure the quality and appropriateness of care pursuant to section
2102(a)(7) of the Act and ensure that services are provided in an
effective manner pursuant to section 2101(a) of the Act, and;
(c) Information on the budgetary impact necessary to ensure that
services are provided in an effective and efficient manner.
[[Page 41331]]
(2) In the absence of such information, whether a disapproval
was warranted when 950 days had passed after CMS had requested that
information.
The Commonwealth of Virginia's title XXI SPA No. 6 was submitted
to CMS on June 29, 2004, with a requested retroactive effective date
of August 3, 2003. This amendment requested the addition of new
school-based health services to the State's SCHIP FAMIS benefit
package.
A request for additional information was submitted to the State
on August 18, 2004, which stopped the 90-day review period. The
request for information included questions concerning the nature of
the proposed services, the qualifications of the providers, and the
budgetary impact of the amendment.
To date, the State has not responded to this request for
information.
I am scheduling a hearing on your request for reconsideration to
be held on September 4, 2007, at 150 S. Independence Mall West,
Suite 216, Conference Room 241 (Pennsylvania Room), The
Public Ledger Building, Philadelphia, PA 19106-3499, to reconsider
the decision to disapprove SPA No. 6. If this date is not
acceptable, we would be glad to set another date that is mutually
agreeable to the parties. The hearing will be governed by the
procedures prescribed by Federal regulations at 42 CFR Part 430,
Subpart D, and section 457.203.
I am designating Ms. Kathleen Scully-Hayes as the presiding
officer. If these arrangements present any problems, please contact
the presiding officer at (410) 786-2055. In order to facilitate any
communication which may be necessary between the parties to the
hearing, please notify the presiding officer to indicate
acceptability of the hearing date that has been scheduled and
provide names of the individuals who will represent the State at the
hearing.
Sincerely,
Leslie V. Norwalk, Esq.,
Acting Administrator.
Section 1116 of the Social Security Act (42 U.S.C. section 1316); 42
CFR 430.18)
(Catalog of Federal Domestic Assistance program No. 13.714, Medicaid
Assistance Program.)
Dated: July 20, 2007.
Leslie V. Norwalk,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E7-14607 Filed 7-26-07; 8:45 am]
BILLING CODE 4120-01-P
