HIV/AIDS Bureau; Policy Notice 99-02 Amendment #1, 10260-10262 [E8-3607]

Download as PDF 10260 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Notices b. Utilize the information solely for the purpose of processing the identified individual’s insurance claims; and c. Safeguard the confidentiality of the data and prevent unauthorized access. 6. To support the Department of Justice (DOJ), court or adjudicatory body when: a. The Agency or any component thereof, or b. Any employee of the Agency in his or her official capacity, or c. Any employee of the Agency in his or her individual capacity where the DOJ has agreed to represent the employee, or d. The United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. 7. To support a CMS contractor (including, but not limited to FIs and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste or abuse in such programs. 8. To assist another Federal agency or an instrumentality of any governmental jurisdiction within or under the control of the United States (including any state or local governmental agency) that administers, or that has the authority to investigate potential fraud, waste, and abuse in, a health benefits program funded in whole or in part by Federal funds, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, and abuse in such programs. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: mstockstill on PROD1PC66 with NOTICES STORAGE: RETRIEVABILITY: The collected data are retrieved by an individual identifier; e.g., beneficiary name or HICN, and unique provider identification number. 19:29 Feb 25, 2008 Jkt 214001 CMS has safeguards in place for authorized users and monitors such users to ensure against unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations may apply but are not limited to: The Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A–130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: All pertinent National Institute of Standards and Technology publications; the HHS Information Systems Program Handbook and the CMS Information Security Handbook. CMS will retain information for a total period not to exceed 6 years and 3 months. All claims-related records are encompassed by the document preservation order and will be retained until notification is received from DOJ. SYSTEM MANAGER AND ADDRESSES: Director, Division of Call Center Operations, Customer Teleservice Operations Group, Office of Beneficiary Information Services, CMS, 7500 Security Boulevard, C2–26–20, Baltimore, Maryland 21244–1850. For purpose of access, the subject individual should write to the system manager who will require the system name, employee identification number, tax identification number, national provider number, and for verification purposes, the subject individual’s name PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 (woman’s maiden name, if applicable), HICN, and/or SSN (furnishing the SSN is voluntary, but it may make searching for a record easier and prevent delay). RECORD ACCESS PROCEDURE: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also reasonably specify the record contents being sought. (These procedures are in accordance with Department regulation 45 CFR 5b.5(a)(2)). CONTESTING RECORD PROCEDURES: The subject individual should contact the system manager named above, and reasonably identify the record and specify the information to be contested. State the corrective action sought and the reasons for the correction with supporting justification. (These procedures are in accordance with Department regulation 45 CFR 5b.7). RECORDS SOURCE CATEGORIES: The data contained in these records are furnished by the individual, or in the case of some situations, through third party contacts that make calls to 1–800 Medicare Helpline. Updating information is also obtained from the following CMS systems of records: Enrollment Data Base (09–70–0502), Common Working File (09–70–0525), and the Master Beneficiary Record maintained by the Social Security Administration (SSA System of Records SSA/ORSIS 60–0090). SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. E8–3564 Filed 2–25–08; 8:45 am] BILLING CODE 4120–03–P RETENTION AND DISPOSAL: NOTIFICATION PROCEDURE: All records are stored on electronic media. VerDate Aug<31>2005 SAFEGUARDS: DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration HIV/AIDS Bureau; Policy Notice 99–02 Amendment #1 Health Resources and Services Administration (HRSA), HHS. ACTION: Final Notice. AGENCY: SUMMARY: The HRSA HIV/AIDS Bureau (HAB) Policy Notice 99–02 entitled, The Use of Ryan White HIV/AIDS Program Funds for Housing Referral Services and Short-term or Emergency Housing Needs, provides grantees with guidance on the use of Title XXVI of the Public Health Service Act (Ryan White HIV/ AIDS Program) funds for short-term and E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Notices emergency housing assistance for persons living with HIV/AIDS. This Federal Register notice seeks to make public the final policy notice 99–02 Amendment # 1 which places a cumulative period of 24 months on short-term and emergency housing assistance under the Ryan White HIV/ AIDS Program, and clarifies and updates certain nomenclature found in the original housing policy 99–02. This policy becomes effective March 27, 2008. HAB Policy Notice 99–02 Amendment # 1 establishes a cumulative 24-month period per household for use of Ryan White HIV/AIDS Program funds for short-term and emergency housing assistance. The final policy notice 99–02 Amendment # 1 reflects modifications based on public comment received in response to the HAB policy notice published in the Federal Register on December 6, 2006. During the 60-day comment period, ending February 5, 2007, HAB received over 200 comments from the public. Comments on the Proposed Housing Policy Amendments and HRSA Response: There were several public comments in favor of the draft policy stating that the proposed changes allow more money to be allocated to lifesaving core medical services, including medications. The following three areas of concern were the main points raised in the public comments. Comment: The imposition of a lifetime cap of 24 months on housing assistance was felt to be restrictive and does not allow for exceptions. Response: HRSA disagrees that the 24-month cap is too restrictive and retains that requirement in order to balance the housing policy with the more restrictive funding limits established for support services in the 2006 reauthorization of the Ryan White HIV/AIDS Program. In addition, this time limit emphasizes that Ryan White HIV/AIDS Program funds for housing assistance must be short-term in nature, and designed to obtain more permanent and stable assistance from other funding sources. Comment: The immediate effective date does not allow programs sufficient time to plan the implementation of the policy. Response: With respect to concerns that the immediate effective date did not allow programs time to properly implement the amended policy, the effective date is moved to March 27, 2008 allowing programs additional time to plan the implementation of the final housing policy 99–02 Amendment #1. mstockstill on PROD1PC66 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 19:29 Feb 25, 2008 Jkt 214001 Comment: Current clients that are at or close to the 24-month period of their use of funds for housing services are not grandfathered into the draft policy; and additional concerns regarding the establishment of new tracking systems is particularly difficult if it is necessary to back-track and count clients currently receiving housing assistance. Response: The cumulative 24-month period does not include any previous housing assistance received prior to the effective date which responds to concerns related to the grandfathering of current clients receiving such assistance. The fact that the policy is not retroactive eliminates concerns related to the burden of tracking previous clients utilizing housing assistance through Ryan White HIV/AIDS Program funds. Grantees must be capable of tracking future housing payments and providing HAB with documentation related to the use of funds for housing assistance, including evidence of compliance with the 24-month limit established in this final HAB Policy Notice 99–02 Amendment # 1. The final policy notice also addresses new nomenclature needed as the result of the reauthorization of the Ryan White HIV/AIDS Program in 2006. For instance, the amended Ryan White Comprehensive AIDS Resources Emergency (CARE) Act is referred to as Title XXVI of The Public Health Service Act (Ryan White HIV/AIDS Program). Furthermore, the programs under Titles I–IV are now referred to as programs under Parts A–D. HRSA HAB Policy Notice—99–02, Amendment # 1 Document Title: The Use of Ryan White HIV/AIDS Program Funds for Housing Referral Services and Shortterm or Emergency Housing Needs The following policy establishes guidelines for allowable housing-related expenditures under the Ryan White HIV/AIDS Program. The purpose of all Ryan White HIV/AIDS Program funds is to ensure that eligible HIV-infected persons and families gain or maintain access to medical care. A. Funds received under the Ryan White HIV/AIDS Program (Title XXVI of the Public Health Service Act) may be used for the following housing expenditures: i. Housing referral services defined as assessment, search, placement, and advocacy services must be provided by case managers or other professional(s) who possess a comprehensive knowledge of local, State, and Federal housing programs and how they can be accessed; or PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 10261 ii. Short-term or emergency housing defined as necessary to gain or maintain access to medical care and must be related to either: a. Housing services that include some type of medical or supportive service (a listing of supportive services can be found at: https://hab.hrsa.gov/reports/ data2b.htm) including, but not limited to, residential substance abuse treatment or mental health services (not including facilities classified as an Institution for Mental Diseases under Medicaid), residential foster care, and assisted living residential services; or b. Housing services that do not provide direct medical or supportive services but are essential for an individual or family to gain or maintain access to and compliance with HIVrelated medical care and treatment. Necessity of housing services for purposes of medical care must be certified or documented by a case manager, social worker, or other licensed healthcare professional(s). B. Short-term or emergency housing assistance is understood as transitional in nature and for the purposes of moving or maintaining an individual or family in a long-term, stable living situation. Such assistance is limited to a cumulative period of 24 months per household. Short-term or emergency assistance must be accompanied by a strategy to: i. Identify, relocate, and/or ensure the individual or family is moved to a longterm, stable housing; or ii. Identify an alternate funding source for support of housing assistance. C. Housing funds cannot be in the form of direct cash payments to recipients or services and cannot be used for mortgage payments. D. The Ryan White HIV/AIDS Program must be the payer of last resort. In addition, funds received under the Ryan White HIV/AIDS Program must be used to supplement but not supplant funds currently being used from local, State, and Federal agency programs. Grantees must be capable of providing the HIV/AIDS Bureau (HAB) with documentation related to the use of funds as payer of last resort and the coordination of such funds with other local, State, and Federal funds. E. Housing-related expenses are limited to Part A, Part B, and Part D of the Ryan White HIV/AIDS Program and are not allowable expenses under Part C. F. For all clients, new or current, the 24-month cumulative period of eligibility becomes effective as of March 27, 2008. Grantees are responsible for tracking the 24-month cumulative period of eligibility beginning on that date. E:\FR\FM\26FEN1.SGM 26FEN1 10262 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Notices Dated: February 19, 2008. Elizabeth M. Duke, Administrator. [FR Doc. E8–3607 Filed 2–25–08; 8:45 am] BILLING CODE 4165–15–P DEPARTMENT OF HEALTH AND HUMAN SERVICES The National Institutes of Health Proposed Collection; Comment Request; Brain Power! The NIDA Junior Scientist Program and the Companion Program, Brain Power! Challenge SUMMARY: In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for the opportunity for public comment on proposed data collection projects, the National Institute on Drug Abuse (NIDA), the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval. Proposed Collection: Title: Brain Power! The NIDA Junior Scientist Program, for grades K–5, and the companion program for Middle School, the Brain Power! Challenge. Type of Information Collection Request: This information collection request is for an EXTENSION of 0925–0542 that was obtained in 2005, and is requested for two additional years to meet scheduling availability for participating school districts. Need and Use of Information Collection: This is a request to evaluate the effectiveness of the Brain Power! Program’s ability to (1) increase children’s knowledge about the biology of the brain and the neurobiology of drug addiction, (2) increase positive attitudes toward science, careers in science, science as an enjoyable endeavor, and the use of animals in research; and stimulate interest in scientific careers; and (3) engender more realistic perceptions of scientists as being from many races, ages, and genders. The secondary goals of the evaluation are to determine the Program’s impact on attitudes and intentions toward drug use. The findings will provide valuable information concerning the goals of NIDA’s Science Education Program of increasing scientific literacy and stimulating interest in scientific careers. In order to test the effectiveness of the evaluation, information will be collected from students before and after exposure to the curriculum with preand post-test self-report measures. Surveys will also be administered to teachers after the completion of the program to examine ease and fidelity of implementation, as well as impact in knowledge and understanding of the neurobiology of addiction. Surveys will be administered to parents to obtain parental reaction and opinion on the materials and the degree to which parents find the curriculum informative and appropriate. Frequency of Response: On occasion. Affected Public: Elementary and middle school students, teachers, and parents. Type of Respondents: Students, Teachers, and Parents. The reporting burden is as follows: Estimated Number of Respondents: 1,337; Estimated Number of Responses per Respondent: 2; Average Burden Hours Per Response: .25; Estimated Total Annual Burden Hours Requested: 640.5. There are no Capital Costs to report. There are no Operating or Maintenance Costs to report. The estimated annualized burden is summarized below. Estimated number of respondents Estimated number of responses per respondent Average burden hours per response Students (K–grade 5) ............................................................ Students (grades 6–9) ........................................................... Parents (K–grade 5) .............................................................. Parents (grades 6–9) ............................................................. Teachers ................................................................................ 640 560 56 56 25 2 2 1 1 1 .25 .25 .25 .25 .5 Total ................................................................................ 1,337 .............................. mstockstill on PROD1PC66 with NOTICES Type of Respondents Request for Comments: Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. VerDate Aug<31>2005 19:29 Feb 25, 2008 Jkt 214001 To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact Dr. Cathrine Sasek, Coordinator, Science Education Program, Office of Science Policy and Communications, National Institute on Drug Abuse, 6001 Executive Blvd., Room 5237, Bethesda, MD 20892, or call non-toll-free number (301) 443–6071; fax (301) 443–6277; or by e-mail to csasek@nida.nih.gov. Comments Due Date: Comments regarding this information collection are best assured of having their full effect if received within 60-days of the date of this publication. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 Estimated total annual burden hours requested 1.5 320 280 14 14 12.5 640.5 Dated: February 20, 2008. Mary Affeldt, Associate Director for Management, National Institute for Drug Abuse. [FR Doc. E8–3563 Filed 2–25–08; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Notices]
[Pages 10260-10262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3607]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


HIV/AIDS Bureau; Policy Notice 99-02 Amendment 1

AGENCY: Health Resources and Services Administration (HRSA), HHS.

ACTION: Final Notice.

-----------------------------------------------------------------------

SUMMARY: The HRSA HIV/AIDS Bureau (HAB) Policy Notice 99-02 entitled, 
The Use of Ryan White HIV/AIDS Program Funds for Housing Referral 
Services and Short-term or Emergency Housing Needs, provides grantees 
with guidance on the use of Title XXVI of the Public Health Service Act 
(Ryan White HIV/AIDS Program) funds for short-term and

[[Page 10261]]

emergency housing assistance for persons living with HIV/AIDS. This 
Federal Register notice seeks to make public the final policy notice 
99-02 Amendment  1 which places a cumulative period of 24 
months on short-term and emergency housing assistance under the Ryan 
White HIV/AIDS Program, and clarifies and updates certain nomenclature 
found in the original housing policy 99-02. This policy becomes 
effective March 27, 2008.

SUPPLEMENTARY INFORMATION: HAB Policy Notice 99-02 Amendment  
1 establishes a cumulative 24-month period per household for use of 
Ryan White HIV/AIDS Program funds for short-term and emergency housing 
assistance. The final policy notice 99-02 Amendment  1 
reflects modifications based on public comment received in response to 
the HAB policy notice published in the Federal Register on December 6, 
2006. During the 60-day comment period, ending February 5, 2007, HAB 
received over 200 comments from the public.
    Comments on the Proposed Housing Policy Amendments and HRSA 
Response: There were several public comments in favor of the draft 
policy stating that the proposed changes allow more money to be 
allocated to life-saving core medical services, including medications. 
The following three areas of concern were the main points raised in the 
public comments.
    Comment: The imposition of a lifetime cap of 24 months on housing 
assistance was felt to be restrictive and does not allow for 
exceptions.
    Response: HRSA disagrees that the 24-month cap is too restrictive 
and retains that requirement in order to balance the housing policy 
with the more restrictive funding limits established for support 
services in the 2006 reauthorization of the Ryan White HIV/AIDS 
Program. In addition, this time limit emphasizes that Ryan White HIV/
AIDS Program funds for housing assistance must be short-term in nature, 
and designed to obtain more permanent and stable assistance from other 
funding sources.
    Comment: The immediate effective date does not allow programs 
sufficient time to plan the implementation of the policy.
    Response: With respect to concerns that the immediate effective 
date did not allow programs time to properly implement the amended 
policy, the effective date is moved to March 27, 2008 allowing programs 
additional time to plan the implementation of the final housing policy 
99-02 Amendment 1.
    Comment: Current clients that are at or close to the 24-month 
period of their use of funds for housing services are not grandfathered 
into the draft policy; and additional concerns regarding the 
establishment of new tracking systems is particularly difficult if it 
is necessary to back-track and count clients currently receiving 
housing assistance.
    Response: The cumulative 24-month period does not include any 
previous housing assistance received prior to the effective date which 
responds to concerns related to the grandfathering of current clients 
receiving such assistance. The fact that the policy is not retroactive 
eliminates concerns related to the burden of tracking previous clients 
utilizing housing assistance through Ryan White HIV/AIDS Program funds. 
Grantees must be capable of tracking future housing payments and 
providing HAB with documentation related to the use of funds for 
housing assistance, including evidence of compliance with the 24-month 
limit established in this final HAB Policy Notice 99-02 Amendment 
 1.
    The final policy notice also addresses new nomenclature needed as 
the result of the reauthorization of the Ryan White HIV/AIDS Program in 
2006. For instance, the amended Ryan White Comprehensive AIDS Resources 
Emergency (CARE) Act is referred to as Title XXVI of The Public Health 
Service Act (Ryan White HIV/AIDS Program). Furthermore, the programs 
under Titles I-IV are now referred to as programs under Parts A-D.

HRSA HAB Policy Notice--99-02, Amendment  1

    Document Title: The Use of Ryan White HIV/AIDS Program Funds for 
Housing Referral Services and Short-term or Emergency Housing Needs
    The following policy establishes guidelines for allowable housing-
related expenditures under the Ryan White HIV/AIDS Program. The purpose 
of all Ryan White HIV/AIDS Program funds is to ensure that eligible 
HIV-infected persons and families gain or maintain access to medical 
care.
    A. Funds received under the Ryan White HIV/AIDS Program (Title XXVI 
of the Public Health Service Act) may be used for the following housing 
expenditures:
    i. Housing referral services defined as assessment, search, 
placement, and advocacy services must be provided by case managers or 
other professional(s) who possess a comprehensive knowledge of local, 
State, and Federal housing programs and how they can be accessed; or
    ii. Short-term or emergency housing defined as necessary to gain or 
maintain access to medical care and must be related to either:
    a. Housing services that include some type of medical or supportive 
service (a listing of supportive services can be found at: https://
hab.hrsa.gov/reports/data2b.htm) including, but not limited to, 
residential substance abuse treatment or mental health services (not 
including facilities classified as an Institution for Mental Diseases 
under Medicaid), residential foster care, and assisted living 
residential services; or
    b. Housing services that do not provide direct medical or 
supportive services but are essential for an individual or family to 
gain or maintain access to and compliance with HIV-related medical care 
and treatment. Necessity of housing services for purposes of medical 
care must be certified or documented by a case manager, social worker, 
or other licensed healthcare professional(s).
    B. Short-term or emergency housing assistance is understood as 
transitional in nature and for the purposes of moving or maintaining an 
individual or family in a long-term, stable living situation. Such 
assistance is limited to a cumulative period of 24 months per 
household. Short-term or emergency assistance must be accompanied by a 
strategy to:
    i. Identify, relocate, and/or ensure the individual or family is 
moved to a long-term, stable housing; or
    ii. Identify an alternate funding source for support of housing 
assistance.
    C. Housing funds cannot be in the form of direct cash payments to 
recipients or services and cannot be used for mortgage payments.
    D. The Ryan White HIV/AIDS Program must be the payer of last 
resort. In addition, funds received under the Ryan White HIV/AIDS 
Program must be used to supplement but not supplant funds currently 
being used from local, State, and Federal agency programs. Grantees 
must be capable of providing the HIV/AIDS Bureau (HAB) with 
documentation related to the use of funds as payer of last resort and 
the coordination of such funds with other local, State, and Federal 
funds.
    E. Housing-related expenses are limited to Part A, Part B, and Part 
D of the Ryan White HIV/AIDS Program and are not allowable expenses 
under Part C.
    F. For all clients, new or current, the 24-month cumulative period 
of eligibility becomes effective as of March 27, 2008. Grantees are 
responsible for tracking the 24-month cumulative period of eligibility 
beginning on that date.


[[Page 10262]]


    Dated: February 19, 2008.
Elizabeth M. Duke,
Administrator.
 [FR Doc. E8-3607 Filed 2-25-08; 8:45 am]
BILLING CODE 4165-15-P
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