Designation of Medically Underserved Populations and Health Professional Shortage Areas, 11232-11281 [E8-3643]
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Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 5 and 51c
RIN 0906–AA44
Designation of Medically Underserved
Populations and Health Professional
Shortage Areas
Department of Health and
Human Services (DHHS).
ACTION: Notice of proposed rulemaking.
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AGENCY:
SUMMARY: This proposed rule would
revise and consolidate the criteria and
processes for designating medically
underserved populations (MUPs) and
health professional shortage areas
(HPSAs), designations that are used in
a wide variety of Federal government
programs. These revisions are intended
to improve the way underserved areas
and populations are designated, by
incorporating up-to-date measures of
health status and access barriers,
eliminating inconsistencies and
duplication of effort between the two
existing processes. These revisions are
intended to reduce the effort and data
burden on States and communities by
simplifying and automating the
designation process as much as possible
while maximizing the use of technology.
No changes are proposed at this time
with respect to the criteria for
designating dental and mental health
HPSAs. Podiatric, vision care,
pharmacy, and veterinary care HPSAs,
which are no longer in use, would be
abolished under the rules proposed
below.
Additional background information
will be available for review on the web
site of the Health Resources and
Services Administration: https://
bhpr.hrsa.gov/shortage. The
methodology is also described in a
journal article recently published in the
Journal of Health Care for the Poor and
Underserved entitled ‘‘Designating
Places and Populations as Medically
Underserved: A Proposal for a New
Approach’’ (Ricketts et al, 2007).
DATES: Comments on this proposed rule
are invited. In particular, comments are
invited regarding the indicators of need
and the weighted values of the health
care practitioners used in the
methodology. To be considered,
comments must be submitted on or
before April 29, 2008.
ADDRESSES: 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://
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www.regulations.gov. Click on the link
‘‘Submit electronic comments on HRSA
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:
Health Resources and Service
Administration, Department of Health
and Human Services, Attention: Ms.
Andy Jordan, 8C–26 Parklawn Building,
5600 Fishers Lane, Rockville, MD
20857.
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
original and two copies) to the following
address only: Health Resources and
Service Administration, Department of
Health and Human Services, Attention:
Ms. Andy Jordan, 8C–26 Parklawn
Building, 5600 Fishers Lane, Rockville,
MD 20857.
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 Rockville address,
please call telephone number (301) 594–
0816 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 8C–26
Parklawn Building, 5600 Fishers Lane,
Rockville, MD 20857. (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 HRSA 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.
Submission of comments on
paperwork requirements. You may
submit comments on this document’s
paperwork requirements by mailing
your comments to the addresses
provided at the end of the ‘‘Collection
of Information Requirements’’ section in
this document.
FOR FURTHER INFORMATION CONTACT:
Andy Jordan, 301–594–0197.
SUPPLEMENTARY INFORMATION: The
Secretary of Health and Human Services
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proposes below a consolidated, revised
process for designation of Medically
Underserved Populations (MUPs)
pursuant to section 330(b)(3) of the
Public Health Service Act (as amended
by the Health Centers Consolidation Act
of 1996, Public Law 104–299), 42 U.S.C.
254b, and for designation of Health
Professional Shortage Areas (HPSAs)
pursuant to section 332 of the Act (as
amended by the Health Care Safety Net
Amendments of 2002, Pub. L.107–251),
42 U.S.C. 254e. Currently, regulations at
42 CFR Part 5 govern the procedures
and criteria for designation of HPSAs,
while designation of MUPs has been
carried out under the Grants for
Community Health Services regulations
at 42 CFR Part 51c.102(e), and
implementing Federal Register notices.
Table of Contents
I. Background
A. Explanation of Provisions
B. Current Uses of Designations
II. Revising the methodology and designation
mechanisms
A. Relevant Statutes
B. Purpose of revising the methodology
and designation process
III. Development of Methodology to Achieve
Goals
A. 1998 NPRM and summary of comments
received
B. Development of method proposed in
this NPRM
IV. Description of Conceptual Framework
and Methodology and Alternatives
Considered
A. Conceptual Framework
B. Methodology
C. Example Calculations
D. Alternative Approaches Considered
V. Description of Proposed Regulations
A. Procedures (Subpart A)
B. General Criteria for Designation of
Geographic Areas as MUAs/Primary Care
HPSAs
C. Rational Service Areas
D. Applying the Designation Methodology
E. Data definitions.
F. Population and clinician counts.
G. Non-physician primary care clinicians
H. Contiguous Area Considerations.
I. Population group designations
J. ‘‘Facility Designation Method’’:
Designation of facility primary care
HPSAs
K. Dental and mental health HPSAs
L. Podiatry, vision care, pharmacy and
veterinary care HPSAs
M. Technical and conforming amendments
VI. Impact Analysis
A. Impact on Number of HPSA
Designations
B. Impact on Number of MUA/P
Designations
C. Impact on number of unduplicated
HPSA/MUP designations
D. Impact on Population of all Designated
HPSAs and/or MUPs
E. Impact on Number of CHCs Covered by
Designations
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F. Impact on Number of NHSC Sites
Covered by Designations
G. Impact on Number of RHCs Covered by
Designations
H. Impact on Distribution of Designations
by Metropolitan/Non-Metropolitan and
Frontier Status
I. Impact on Distribution of Population of
Underserved Area and Underserved
Populations by Metropolitan/NonMetropolitan and Frontier Status
J. Impact of Practitioner ‘‘Back-outs’’ on
Number of Designations and Safety-Net
Providers
VII. Economic Impact
VIII. Information Collection Requirements
under Paperwork Reduction Act of 1995
IX. Appendix A: References
X. Appendix B: A Proposal for a Method to
Designate Communities as Underserved:
Technical Report on the Derivation of
Weights
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I. Background
An earlier version of proposed rules
for a consolidated, revised MUP/HPSA
designation methodology and
implementation process was published
on September 1, 1998 [63 FR 46538–55].
Those proposed rules generated nearly
800 public comments, principally
concerning the perceived high impact in
terms the safety-net programs which
would have lost their existing
designations if the rule were finalized.
Comments were also received on several
other important issues related to the
methodology, types of primary care
clinicians included, and data collection
burden. On June 3, 1999, a Federal
Register document was published [64
FR 29831] which extended the comment
period based on the large volume of
comments received and the level of
concern expressed. In light of the
volume of comments, it was determined
that the impact of the proposal as
published would be more carefully
tested, possible revisions and alternative
approaches developed as necessary, and
a new notice of proposed rulemaking
(NPRM) would be published.
A. Explanation of Provisions
This proposed rule describes a revised
methodology which combines
indicators of diminished access to
health care services, shortages of health
professionals, and reduced health
status. Developed by a research team at
the University of North Carolina’s Cecil
G. Sheps Center in consultation with
staff from the Health Resources and
Services Administration (HRSA) and a
group of State partners in the
designation process, this approach was
also tested with a comprehensive
impact analysis (see section VI).
This proposed rule will replace the
existing Part 5 with regulations
governing both MUP and HPSA
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designations, and will make conforming
changes to Part 51c. Together, these
changes meet the legislative
requirements for both MUP designation
and HPSA designation, while
consolidating the two processes to the
greatest extent possible given the
differences in the two authorities. This
combined metric, which we propose to
call ‘‘the Index of Primary Care
Underservice,’’ will replace the existing
MUP and HPSA criteria and procedures,
while maintaining the two separate
designations in order to meet the
legislative requirements of the relevant
statutes. Note that the abbreviation MUP
used here includes not only population
group designations but also the
populations of designated geographic
areas, also known as medically
underserved areas or MUAs. Similarly,
the abbreviation HPSA includes not
only geographic area designations, but
also population group and facility
designations.
Pursuant to Section 302(b) of the
Health Care Safety Net Amendments of
2002, a copy of this NPRM will be
submitted to the Committee on Energy
and Commerce of the House of
Representatives and to the Committee
on Health, Education, Labor and
Pensions of the Senate upon or before
the date of its publication, in fulfillment
of the statutory requirement for a report
to those committees describing any
regulation that revises the definition of
a health professional shortage area.
HRSA has also asked a panel of outside
experts to review the proposed
methodology and provide an assessment
of its appropriateness, validity, and
general approach.
These regulations will not be finalized
until the public comment period
referenced above is over, and any
comments received during that time
from the public, the panel of outside
experts, and from the referenced House
and Senate Committees have been taken
into consideration. Moreover, this rule
will not be finalized until 180 days after
delivery of the report to the
Congressional committees identified
above, in accordance with statute.
B. Current Uses of Designations
The MUP and HPSA designations are
currently used in a number of
Departmental programs. The major use
of MUP designations is as a basis for
eligibility for grant funding of health
centers under sections 330(c) and (e) of
the Act, which require that these health
centers serve medically underserved
populations. The major use of HPSA
designations is by the National Health
Service Corps (NHSC); health
professionals placed through the NHSC
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can be assigned only to designated
HPSAs.
Other health centers not funded by
section 330 grants but otherwise
meeting the definition of a health center
in section 330(a)—including those
which provide services to a MUP—may
be certified by the Centers for Medicare
and Medicaid Services (CMS) upon
recommendation by HRSA as federally
qualified health center (FQHC) lookalikes. FQHC look-alikes, like all health
centers funded under Section 330, are
eligible for special Medicare and
Medicaid reimbursement methods.
Clinics in rural areas designated
either as an MUA or as a geographic or
population group HPSA, and whose
staff include nurse practitioners and/or
physician assistants, may be certified by
CMS as Rural Health Clinics (RHCs).
These RHCs are also eligible for special
methods for determining Medicaid and
Medicare reimbursement.
Physicians delivering services in an
area designated as a geographic HPSA
are eligible for the Medicare Incentive
Payments (MIP) of an additional 10
percent above the Medicare
reimbursement they would otherwise
receive. The Medicare Modernization
Act of 2003 included beneficial changes
to this incentive program. Payments to
providers are now automated based on
the zip codes of the providers, and the
information on eligibility is now
available on the CMS Web site. The
MIP, also known as the HPSA Bonus
Payment, is distinct from the Physician
Scarcity Area Program, which does not
use HRSA designations in determining
eligibility.
Interested Federal Government
Agencies and State Health Departments
can also recommend waiver of the
return-home requirements for an
International Medical Graduate
physician who came to the United
States on a J–1 visa, in return for three
years of service by that physician in a
particular HPSA or MUA.
In addition, a number of health
professions programs funded under
Title VII of the Public Health Service
Act give preference to applicants with a
high rate of training health professionals
in medically underserved communities
and/or for placing graduates in
medically underserved communities,
defined (in Section 799B of the Act) to
include both HPSAs and MUPs.
For most of the programs that use
these designations, designation of the
area or population to be served is a
necessary but not sufficient condition
for allocation of program resources, in
that other eligibility requirements must
also be met and/or there is competition
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among eligible applicants for available
resources.
II. Revising the Methodology and
Designation Mechanisms
A. Relevant Statutes
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Authorizing Statutes
The current HPSA criteria date back
to 1978, when they were issued under
Section 332 of the Public Heath Service
(PHS) Act, as amended in 1976; their
predecessor, the ‘‘Critical Health
Manpower Shortage Area’’ or CHMSA
criteria, dates back to the 1971
legislation creating the NHSC. Section
332(b) of the Public Health Service Act
states that the Secretary shall take into
consideration the following when
establishing criteria for the designation
of areas, groups, or facilities as HPSAs:
(1) The ratio of available health
manpower to the number of individuals
in an area or population group, and (2)
Indicators of a need for health services,
notwithstanding the supply of health
manpower.
The current MUA/P criteria date back
to 1975, when they were issued to
implement legislation enacted in 1973
and 1974 creating grants for Health
Maintenance Organizations (HMOs) and
Community Health Centers (CHCs),
respectively. Section 330(b)(3) of the
Public Health Service Act defines
‘‘medically underserved population’’ as
the population of an urban or rural area
designated by the Secretary of Health
and Human Services as an area with a
shortage of personal health services, or
a population group designated by the
Secretary as having a shortage of such
services. No specific criteria were
included in the statute.
Health Care Safety Net Amendments of
2002
The Health Care Safety Net
Amendments of 2002, Public Law 107–
251, as amended by Public Law 108–
163, included modification of Section
332 to require the ‘‘automatic’’
designation as HPSAs of all FQHCs and
RHCs meeting the requirements of
Section 334 (concerning the provision of
services without regard to ability-to-pay)
for at least six years. After six years,
such entities must demonstrate that they
meet the designation criteria for HPSAs,
as then in force.
This legislative provision appears to
have had two major goals:
1. To avoid requiring FQHCs or RHCs
from going through two separate
designation processes. Given that most
FQHCs must demonstrate service to an
MUP in order to be funded (or to be
certified as an FQHC look-alike), it was
deemed unnecessary to also require
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these entities to obtain a HPSA
designation in order to apply for
placement of NHSC clinicians.
Similarly, every RHC must obtain one of
several types of designation in order to
achieve RHC status (either a HPSA,
MUA, or Governor Designated and
Secretary Certified Shortage Area
designation); arguably, those for whom
this was not a HPSA designation should
not be required to obtain a second type
of designation to apply for NHSC. (It is
worth noting that this goal will be met
once the regulations herein are in force,
since areas and population groups
designated or updated under the criteria
herein would be both HPSAs and MUPs,
eligible for the FQHC, RHC and NHSC
programs).
2. To allow a long transition period
for phasing in the new designation
criteria as they might affect existing
projects. Existing FQHCs and RHCs will
have plenty of time to show that the
areas where they are located, the
populations they serve, or the facilities
involved in fact meet the new criteria,
so that their services will not be
disrupted due to the criteria change.
Although an extensive impact
analysis of the proposed new criteria
has been conducted to demonstrate that
such disruption is unlikely in all but a
few cases, this legislatively required
smooth transition should ease concerns
about the changes and allow plenty of
time to adapt to the new designation
criteria.
B. Purpose of Revising the Methodology
and Designation Process
As previously stated, the current
HPSA and MUA/P criteria date back to
the 1970s. The original CHMSA criteria
required that a simple population-toprimary care physician ratio threshold
be exceeded to demonstrate shortage.
The HPSA criteria went further and
allowed a lower threshold ratio for areas
with high needs as indicated by high
poverty, infant mortality or fertility
rates, and for population groups with
access barriers. The original MUA/P
criteria, still in effect, employ a fourvariable Index of Medical Underservice,
including percent of the population
with incomes below poverty,
population-to-primary care physician
ratio, infant mortality rate and percent
elderly.
Since the time these designation
criteria were first developed, there has
been an evolution both in the types of
requests for designation received and
the application of the HPSA criteria.
Instead of relatively simple geographic
area requests, such as whole counties
and rural subcounty areas, more
requests have been made for urban
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neighborhood and population group
designations. The availability of census
data on poverty, race, and ethnicity at
the census tract level has enabled the
delineation of urban service areas based
on their economic and race/ethnicity
characteristics. Areas with
concentrations of poor, minority and/or
linguistically isolated populations have
achieved area or population group
HPSA designations based on their
limited access to physicians serving
other parts of their metropolitan areas.
As a result, the differences between
HPSA and MUA/P designations have
become less distinct.
The methodology for identifying
underserved areas, as well as the
process by which interested State and
community parties can obtain
designation as underserved areas, are
being revised to accomplish several
goals and alleviate problems associated
with the existing methods of
designation.
In revising the underlying
methodology for identifying
underserved areas, our goals were to
create a new system that:
(a) Is simple to understand for those
who seek designation;
(b) is intuitive and has face validity;
(c) incorporates better measures or
correlates of health status and access;
(d) is based on scientifically
recognized methods and is replicable;
(e) minimize unnecessary disruption;
and
(f) constitutes an improvement over
current methods in fairly and
consistently identifying places and
people who are in need of primary
health care and who encounter barriers
to meeting those needs.
In revising the designation process,
our goals were to:
(a) Consolidate the two existing
procedures, sets of criteria, and lists of
designations;
(b) make the system more proactive
and better able to identify new,
currently undesignated areas of need
and areas no longer in need;
(c) automate the scoring process as
much as possible, making maximum use
of national data and reducing the effort
at State and community levels
associated with information gathering
for designation and updating;
(d) expand the State role in the
designation process, with special
attention to the State role in definition
of rational service areas;
(e) reduce the need for timeconsuming population group
designations, by specifically including
indicators representing access barriers
experienced by these groups in the
criteria applied to area data.
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These goals are explained more fully
below. We believe the proposed
methodology and designation process
address all of these goals and therefore
offers a significant improvement in the
identification of communities
experiencing limited access to primary
care services. In turn, we believe these
revisions will assist the Department in
targeting key resources more effectively
to areas of greater relative need for
assistance.
1. Methodological Goals
Simplicity
The new underservice measure must
be understandable and usable by those
who seek designation. In this vein, we
decided the new methodology should
continue to use the population-toprovider ratio as the fundamental metric
of underservice because such ratios are
well-recognized and understood by the
program participants and would provide
some continuity between a new
proposal and the older methods that
included the ratios very prominently in
the calculations. Discussions with the
federal agencies and stakeholder groups
during the development of the revised
approach also revealed a preference for
using that metric as the basis for a
revised method.
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Face Validity
The new underservice measure must
be intuitive and have face validity. For
example, factors that reflect
progressively worse access should result
in proportionately increasing scores.
Incorporate Better Measures or
Correlates of Health Status and Access
While both designation statutes speak
of the inclusion of health status
indicators, the only specific measure of
health status historically mentioned in
either statute or included in the existing
designation criteria is infant mortality
rate.
Low birthweight rate is a more robust
indicator of health status because there
are more events per unit population.
Because both infant mortality and low
birthweight rate are nationally available
for all counties and for a limited number
of sub-county areas (generally, for
places of population 10,000 or more),
these measures were incorporated in the
proposed methodology. In addition, a
new measure of actual/expected death
rate (standardized mortality ratio) is
incorporated.
As described in more detail in section
IV, this methodology further
incorporates other correlates of health
status and access, such as ethnic
minority status and unemployment,
based on ready national availability of
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data and the health inequalities
literature.
Science-Based
The new underservice measure must
be based on scientifically recognized
methods and be replicable. For example,
the current Index of Medical
Underservice comprises four variables,
each of which contributes
approximately a quarter to the
maximum score. In other words, each of
the four variables are weighted equally.
However, there is no empirical
justification for why the income variable
should have a weight equal to the infant
mortality rate variable. Rather, in
designing the new methodology, we
believed the contribution of each
variable to an overall measure should be
based on some verifiable statistical
relationship. As discussed further in
section IV, the new methodology used
an overall conceptual framework to
describe access and used analytical
techniques such as regression and factor
analysis to arrive at the weighting/
scoring system proposed herein.
Minimize Unnecessary Disruption
Partly due to the Health Care Safety
net Amendments of 2002, as described
earlier, we have attempted to achieve a
reasonable transition to this new
methodology for underserved areas.
Though the revised designation method
will not (and should not) generate the
exact same designations as the previous
method, we have attempted to minimize
unnecessary disruption where
applicable. The new measure will allow
us to better focus the designations to
more needy areas and populations.
Acceptable Performance
The new system must perform better
than the current designation criteria
using updated data, and it should be
seen as an improvement by the multiple
key stakeholder groups who rely on
these designations. We used many
different evaluating criteria for this
guiding principle, but the fundamental
criterion we used is whether the method
fairly and consistently identifies places
and people who were in need of
primary health care and who had
barriers to meeting those needs.
2. Designation Process Goals
Consolidation and Simplification
The separate statutes authorizing
MUP and HPSA designations address
the same fundamental policy concern:
That is, the identification of those areas
and populations with unmet health care
needs for the purpose of determining
eligibility for certain Federal health care
resources. The existence of two similar
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but quite distinct procedures and sets of
criteria has been confusing to many and
has often led to contradictory or
inconsistent results.
The legislative requirements for the
two designations are similar in many
respects, but the designation processes
have, until now, been largely separate.
A major reason for the disparity in the
designation process is that regular
updating of HPSAs is required by
statute, though such updating is not
statutorily required for the MUA/Ps and
has not regularly been done.
The rules proposed below attempt to
establish uniform procedures and
criteria, not only to simplify the
designation process for the agencies,
communities, entities, and individuals
involved, but also to increase the
efficient and effective use of
Departmental resources. To do so, all
the legislatively mandated elements of
both statutes are included in the
proposed procedures. The revised
criteria for geographic HPSAs and
MUAs are identical, as are those for
most types of MUPs and corresponding
population group HPSAs, wherever
permitted by statutory requirements.
Since facility designations are only
authorized for HPSAs, this is one
domain for which the two could not be
the same.
Proactivity
The proposed methodology can be
applied using national data obtained by
HRSA and made available to State
partners in the designation process,
thereby enabling more universal
application of the designation criteria.
Applicant familiarity with the
designation process should also become
less of a factor in obtaining designation,
and the need for independent data
collection by applicants will be less of
a barrier and burden.
The national databases include
updated versions of the data used in the
development of this methodology:
Provider data from appropriate
professional associations, such as the
American Medical Association (AMA)
physician data; socio-demographic data
from the U.S. Census Bureau or a
vendor which produces intercensal
estimates; unemployment data from the
Department of Labor; and health status
data from the National Center for Health
Statistics. At the same time, States and
communities will continue to have the
opportunity to substitute State and local
data for the national data if the State
and local data are more reliable and/or
more current. Data from recognized
sources such as State Data Centers,
economic forecasting agencies such as
J.D. Powers, and similar entities, and
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that are used for other state purposes
may be submitted. Provider data may be
secured from a variety of sources: State
licensing boards, state or local
professional societies, professional
directories, etc. Data sources,
methodologies, and dates must be
specified.
Automation
The proposed methodology will
enable a more automated process for
designation, through the use of a tabular
method for scoring areas and updating
these scores. The new method makes
considerable use of census variables for
which data are available not only at the
county level but also at subcounty levels
(e.g., for census tracts and census
divisions), so that a wide variety of
State- and community-defined service
areas can be evaluated for possible
designation. Also, an interactive system
for processing designation requests and
updates will permit State partners in the
designation process to work together
with the federal designation staff using
the same databases. The intent is to
minimize the effort required by States,
communities, and other entities to
designate an area or update its
designation.
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Increased State Role
The proposed approach seeks to foster
an increased partnership between the
various levels of government involved
in designation, including a significantly
larger State and local role in defining
service areas, underserved population
groups and unusual local conditions.
The new criteria are less prescriptive in
terms of travel time and mileage
standards for defining service areas.
Each State will be encouraged to
define, with community input and in
collaboration with the Secretary, a
complete set of rational service areas
(RSA) covering its territory. Once
developed, these service areas will be
used in underservice/shortage area
designations unless and until new
census data or health system changes
require further area boundary changes.
Currently the agency allows States to
provide their own provider data through
a new interactive system. States with
more reliable data can substitute them
for national data, which will reduce the
time required for case-by-case review.
Reduce the Need for Population Group
Designations
Designation of population groups is
typically more resource-intensive than
designation of geographic areas, both
from the standpoint of data collection
(since obtaining data for a particular
population is often more difficult than
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for the area as a whole) and in terms of
review. As discussed below, specific
indicators included in the proposed
approach represent the access barriers of
poverty/low income, unemployment,
racial minority or Hispanic ethnicity,
population density and population over
65 years. This approach specifically
adjusts an area’s base population-toprimary care clinician ratio for the
effects of these variables. Therefore, it is
hoped that this method will reduce the
need for specific population group
designations by increasing the
probability of designation of geographic
areas with concentrations of these
groups.
III. Development of Methodology To
Achieve Goals
A. 1998 NPRM and Summary of
Comments Received
Following consultation with two
panels of experts and in-house impact
testing, an NPRM to revise the
designation methodology was published
on September 1, 1998. Those proposed
rules (referred to hereinafter as
‘‘NPRM1’’) would have created one
process for simultaneous designation of
MUPs and HPSAs; set forth revised
criteria for designation of MUPs using a
new Index of Primary Care Services
(IPCS); and defined HPSAs as a subset
of the MUPs, consisting of those MUPs
with a population-to-practitioner ratio
exceeding a certain level. The use of
RSAs would have been required for
application of both the MUP and HPSA
criteria.
The IPCS score would have been
calculated based on a weighted
combination of seven variables:
Population-to-primary care clinician
ratio, percent population below 200%
poverty, percent population racial
minorities, percent population
Hispanic, percent population
linguistically isolated, infant mortality
rate or percent low birthweight births,
and low population density. The
maximum possible IPCS score would
have been 100, and RSAs whose IPCS
score equaled or exceeded 35 would
qualify for MUP designation.
In counts of primary care clinicians,
nurse practitioners (NP), physician
assistants (PA), and certified nurse
midwives (CNM) would have been
included with a weight of 0.5 full time
equivalents (FTE) relative to primary
care physicians. There would have been
two tiers of designations, with the first
tier consisting of those areas which meet
the criteria when all primary care
clinicians practicing in the area are
counted, and the second tier consisting
of those additional areas which meet the
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criteria when certain categories of
practitioners (NHSC assignees and those
practicing in CHCs) are excluded from
clinician counts.
HPSA designation would have
required a minimum population-toprimary care physician ratio of 3,000:1,
but this threshold could only be applied
to those RSAs found to have an IPCS
score which exceeded the MUP
designation threshold of 35.
The period for public comment on the
1998 proposed rule was extended to
January 4, 1999. Over 800 comments
were received, analyzed, and
categorized. Major issues raised are
summarized briefly below:
1. Impact in Terms of Designations
Lost—Many commenters estimated that
unacceptably high numbers of HPSA
designations would be lost in their State
if the proposed methodology were
adopted, particularly in rural and
frontier areas, as well as significant
numbers of MUPs. They believed that
the impact stated in NPRM1’s preamble,
in terms of percentages of designations
lost, was substantially underestimated.
2. Inclusion of nonphysician primary
care providers—A number of
commenters objected to the inclusion of
NPs/PAs/CNMs in primary care
clinician counts, based on the
additional burden on applicants of
counting them, and cited the lack of
adequate State or national databases for
these clinicians. Others questioned the
reasonableness of weighting them at 0.5
FTE relative to a primary care
physician. Typically, responding NPs,
PAs, CNMs, professional organizations
representing them, and certain other
health care advocates felt the 0.5 should
be adjusted upward; others felt it should
be adjusted downward, particularly in
States where the scope of practice of
these clinicians is limited. There were
also concerns that NPs, PAs and CNMs
who were not in clinical, primary care
practice would be inadvertently counted
if available data were used, and that
truly underserved areas would lose
designation as a result.
3. Threshold for HPSA Designation—
The proposed 3,000:1 population-toprimary care clinician threshold ratio
for HPSA designation was considered
too high by many commenters,
especially if NPs/PAs/CNMs were to be
counted as well as primary care
physicians.
4. Urban/Rural Balance—Many of the
indicators selected for inclusion in the
new IPCS (such as race, Hispanic
ethnicity, linguistic isolation, and low
birthweight births), were viewed as
tending to bias the new index toward
designation of urban areas (as compared
with indicators like percent elderly,
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which had been included in the
previously-used Index of Medical
Underservice and was seen as favoring
rural areas).
5. HPSAs required to be a subset of
MUPs—the proposed requirement that
an area could receive HPSA designation
only if it first qualified as an MUP (by
having an IPCS score which exceeded
the 35 threshold) was seen as
threatening many legitimate currentlydesignated HPSAs (i.e., HPSAs with
population-to-practitioner ratios higher
than 3000:1 but whose poverty rates and
scores on other IPCS variables were not
high enough to achieve the IPCS
threshold).
6. Two-tiered Designations—The idea
of two-tiered designations was generally
supported, but an issue arose as to
which federally-supported primary care
clinicians should be excluded from
counts in tier 2. Most agreed that NHSC
assignees and physicians in CHCs
should be excluded (as the proposed
rule did). Many felt that those
physicians on J–1 waivers should also
be excluded from tier 2 counts, and
some suggested that primary clinicians
in other safety-net settings (such as
RHCs or State-funded health centers)
should also be excluded.
On June 3, 1999, notice was given in
the Federal Register that further
analysis would be conducted, to include
a thorough, updated analysis of the
impact of the proposed approach as
published, as well as the testing of
alternatives based on analysis of the
comments received. The Notice
indicated that these impact analyses
would be applied to the most current
obtainable national data for all counties
and currently-defined subcounty MUPs
and HPSAs, and that one or more
outside organizations would verify the
impact testing. A new NPRM would
then be published for public comment.
B. Development of Method Proposed in
This NPRM
During the remainder of 1999, HRSA
acquired components of the national
databases necessary for impact testing,
such as practice addresses for primary
care physicians, PAs, NPs, and CNMs.
An extensive data cleaning and provider
site geocoding process ensued.
Simultaneously, HRSA began working
with researchers at HRSA-funded Rural
Health Research Centers and Health
Professions Workforce Centers to
develop specifics of the plan for further
analysis and testing. Ultimately, the
Cecil G. Sheps Center of the University
of North Carolina (UNC) was funded to
undertake national testing of the
previously-proposed methodology in
NPRM1 and alternative methodologies,
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and to coordinate efforts by other
research groups who would do State or
regional testing.
In January 2000, a group of sixteen
State Primary Care Office (PCO)
representatives volunteered to assist by
providing recommendations for a
revised approach to designation from
their standpoint, as the ones primarily
responsible for providing data to HRSA
in support of designation requests and
updates for their States. This led to a
series of conference calls, a two-day
meeting, and eventual preparation of
draft recommendations for
consideration by the appropriate federal
officials. Meanwhile, researchers at the
Sheps Center were considering
alternative methodologies for
simultaneous consideration of various
indicators of shortage and underservice.
The two groups met on several
occasions to coordinate efforts; the
methodology finally developed by
Sheps researchers and used as the basis
for these proposed rules was consistent
with the recommendations of the group
of PCOs.
Over time, the following specific steps
took place:
(a) A comprehensive database for
impact testing was established. This
entailed: ‘‘cleaning’’ and geocoding the
various physician databases acquired
(from professional associations and from
federal and State agencies approving J–
1 visa waivers), and matching them with
each other and with HRSA’s NHSC
database; similar activity for data
acquired on non-physician primary care
clinicians (NP/PA/CNM); adding
geocoded location data for HHSsponsored safety-net provider sites,
including CHCs, NHSC sites and RHCs;
and the inclusion of appropriate Census
data (or vendor-supplied intercensal
estimates for Census variables) as well
as data on other health status and
access-related variables.
(b) The group of sixteen PCOs
developed their recommended approach
to a new designation methodology and
provided their recommendations to
HRSA staff. Their original
recommendation was essentially to
expand the number of high need
indicators which could be used to adjust
the population-to-practitioner ratio
threshold for designation, to allow
several different threshold levels
depending on the number of high need
indicators present, and then to compare
the area’s actual ratio with the adjusted
threshold appropriate for that area.
(c) HRSA staff worked with the UNC–
Sheps Center team to develop a
conceptual framework and a
methodology responsive to concerns
raised in public comments and in the
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11237
PCO recommendations. In response to
the criticism of the earlier 1998 proposal
as using appropriate indicators but an
arbitrary weighting scheme, this
methodology was developed based on a
general conceptual framework of access
and underservice and statistical
methods. The overall goal was to
identify areas and communities in need
of services to increase access, relative to
other communities across the country.
The conceptual framework and
methodology will be described further
in sections IV.A and IV.B. A more
technical description is also provided in
Appendix B. The way the method is
applied to determine designation status
is described in Sections IV.C and V.
below. Finally, further details are
available on HRSA’s Web site (https://
bhpr.hrsa.gov/shortage) and in a journal
article recently published in the Journal
of Health Care for the Poor and
Underserved entitled ‘‘Designating
Places and Populations as Medically
Underserved: A Proposal for a New
Approach’’ (Ricketts et al., 2007).
(d) The impact of the proposed
method on the number and population
of geographic and low income
designations at national and state levels
was explored and compared with
alternatives using updated national data
allied to: (a) The criteria currently in
place; (b) the criteria proposed in the
September 1, 1998 rule, and (c) the new
methodology proposed in this rule. In
addition, impact analyses with State
data were performed by Regional
Centers for Health Workforce Studies
and/or PCOs in four States. This
analysis, discussed in detail in Section
VI below, indicated that this proposed
method would not have severe adverse
effects on most safety net providers, and
would—at the transition from the old
method to the new—maintain a similar
total underserved population.
(e) However, there remained concerns
that some safety net facilities—despite
serving populations clearly
underserved, such as the uninsured—
might be located in areas that did not
meet geographic or population group
criteria. Consequently, with the help of
the group of 16 PCOs, a separate method
was developed (hereafter referred to as
the ‘‘facility designation method’’) for
facility designation of those safety-net
facilities which could demonstrate high
levels of service to the uninsured and/
or Medicaid-eligibles. This was tested
using the Uniform Data System for
community health centers and found to
support designation of most Section
330-funded health centers.
(f) The new methodology’s concepts
and impact analysis approaches have
been discussed in a preliminary fashion
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at various meetings of national and State
organizations whose members are
affected by shortage/underservice
designations.
IV. Description of Conceptual
Framework and Methodology and
Alternatives Considered
A. Conceptual Framework
In our model, as in health services
research more widely, we consider
utilization of services an outcome of the
demand and supply forces within the
healthcare system. The conceptual
framework for the model is based on the
idea that barriers to care reduce
appropriate use, which is reflected in
delayed and therefore higher subsequent
use rates. We call this concept
‘‘thwarted demand.’’ For example,
individuals with diabetes living in
remote, rural areas may put off seeing
their doctors regularly-not because they
do not recognize the need for regular
treatment-but because of the distances
involved or other potential barriers.
These barriers initially reduce
utilization. When these individuals
eventually do seek treatment, it is often
because their condition worsened to the
point where they could no longer defer
treatment. As the severity of their
condition worsens and their need for
care increases, so too does their
utilization of services, in terms of
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high proportion of minorities will—on
average—have greater healthcare needs
than areas with a lower proportion of
minorities. To the extent that healthcare
needs tend to be greater in underserved
populations, the level of healthcare
utilization observed in underserved
populations would understate true
demand even further. Thus, the model
adjusts for this increased need and
thwarted demand.
As stated earlier, however, thwarted
demand potentially creates a paradox
since low access often results in
subsequent illness that may require a
higher level of health care use, in terms
of either treatment volume or intensity.
The entry of the patient into a
structured care system may also induce
subsequently higher rates of use of
primary care services incident to
hospitalizations or due to raised
familiarity with the system. This
paradox is likely to affect overall use
rates in low-access areas in such a way
as to increase use rates.
We accepted that these positive and
negative factors would be
simultaneously operating and sought
ways to estimate their individual effects
in terms of both initially reduced and
subsequently increased visits. The net,
overall need for services can be reflected
in a combination of visits precluded
with visits induced.
Absolute number of reduced visits caused by access barriers
r
Absolute number of increased visits caused by delayed care or greater morbidity
a
Total visits that would be demanded if population were barrier free
e
By adjusting for these bi-directional
effects of thwarted demand, this
methodology effectively allows us to
ask, ‘‘What level of care would these
individuals utilize if they were wellserved and barrier free?’’ This adjusted
utilization rate becomes the proxy in
our revised model for the ‘‘effective
need’’ in an underserved population.
For example, an underserved area that
contains 100 people may nevertheless
‘‘effectively need’’ the same level of
services an area of 1,000 people needs.
In this underserved area, the ‘‘actual’’
population may be 100 but the
‘‘effective’’ population can be thought of
as 1,000.
We then compare this ‘‘effective
need’’ in an underserved population to
the available supply of primary care
providers in that area to create a
population-to-provider ratio. The
underlying logic is that meeting
community needs could be expressed in
ratios of appropriate use to optimal
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treatment volume and/or intensity. They
may require hospitalization, for
instance, or present at an emergency
room.
To estimate the dimensions of both
the (a) delayed—and thus initially
reduced utilization rate—as well as the
(b) subsequent higher use rates, we
created a methodology that centers
around the level of care experienced by
a ‘‘well-served population’’ in order to
establish an initial standard against
which an ‘‘under-served population’’
can be defined. In a ‘‘well-served
population,’’ where there are no barriers
to care, healthcare utilization will be an
expression of healthcare demand (i.e.,
demand is not thwarted). The
assumption was made that, for groups
without significant barriers to care,
primary care utilization rates would
cluster around the most appropriate
level of care and, in turn, that their
demand for care will also reflect their
need for care. In an ‘‘under-served
population,’’ by contrast, demand will
be initially thwarted and healthcare
utilization will therefore understate true
demand.
Moreover, healthcare needs tend to be
greater in areas with disadvantaged
populations. The health inequalities
literature has shown, for example, that
conditions like diabetes and cancer are
more prevalent among minorities. In
turn, we can expect that areas with a
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service productivity. The use rate would
be expressed in population counts and
the service productivity in practitioner
counts. The goal was to reflect the level
of a population’s need for office-based
primary care visits in terms of an
adjusted population count that took into
consideration characteristics that would
affect use of services.
We considered various other proxies
for need besides the population-toprovider ratio. We ultimately decided to
use an adjusted population-to-provider
ratio for several reasons. First, the
prominence of population-topractitioner ratios in the two existing
measurements of underservice was
recognized. Discussions with the federal
agencies and stakeholder groups during
the development of the revised
approach also revealed a preference for
using that metric as the basis for a
revised method. Furthermore, practical
reasons for the use of this ratio as a
starting point for the construction of an
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index included the fact that such ratios
are well-recognized and understood by
the program participants and would
provide some continuity between a new
proposal and the older methods that
included the ratios in the calculations.
Such a metric is also sensitive to the
two different sources of unmet need—
provider shortages and barriers to care—
that programs which rely on the HPSA
and MUA/P designations attempt to
address. In HPSAs, by definition, access
is restricted because there are few or no
primary care health professionals who
will take care of certain patients. The
remedy for this is to supplement the
professional supply with practitioners
who will see all patients, in order to
bring the numbers of professionals more
into line with a level of supply generally
considered adequate. For MUA/Ps, the
primary reasons for designation relate to
barriers to accessing existing primary
care services (e.g., financial) or the
combination of higher needs and lower
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availability. The central task in
combining these two systems was to
find a common metric that was sensitive
to both of these characteristics of
underservice, which the adjusted
population-to-provider ratio is.
B. Methodology
The model can be thought of as
compromising six basic steps.
Step 1: Calculate the numerator for
the population-to-provider ratio: The
‘‘effective barrier free population.’’
The first step is to estimate the effects
that differences in the structure of the
population would have on service
utilization based on age and gender by
assigning weights according to the
national use rates for people without
barriers to care. Accordingly, we call
this the ‘‘effective barrier free
population’’ because it allows us to
estimate what the utilization rate would
be, after adjusting for age and gender, if
the population of a community were
able to use primary care services at the
same rate as a population with no
constraints due to factors like poverty,
race, or ethnicity. This step is necessary
because research shows that age and
gender affect utilization rates
independent of barriers to care. The
elderly, for example, use services at
higher rates than the non-elderly even
when barriers to care are controlled for.
To calculate the ‘‘effective barrier free
population,’’ we adjust the area’s base
population to reflect differential
requirements by age and gender for
primary care services, using utilization
rates for populations who are effectively
‘‘barrier-free.’’ This adjustment uses the
latest available Medical Expenditure
Panel Survey (MEPS) utilization data to
determine what the expected number of
primary care office visits for the area’s
population would be (based on its age/
gender make-up) if usage were at the
national average for persons who are
non-minority, not poor, and employed.
This total expected number of primary
care visits is then divided by the
corresponding current national mean
number of primary care visits per
person to obtain the ‘‘effective barrier
free population.’’ The effect of this
adjustment is that a community with
more older people or more women of
child-bearing age than the average
national age-gender distribution will
appear to be a larger population than if
the age-gender mix were like the
nation’s as a whole.
The utilization rates used in
developing and testing the methodology
proposed herein are shown in Table IV–
1. These will be updated when this
regulation is finalized and periodically
thereafter by notice in the Federal
Register that updated data will be
posted on the HRSA Web site.
TABLE IV–1.—BARRIER FREE POPULATION USE RATE, ADJUSTED FOR AGE AND GENDER, EXPRESSED AS PRIMARY CARE
VISITS PER PERSON PER YEAR
Average primary care visits ( per year) by age group category
Age
0–4
Male .........................................................................................................
Standard Error .........................................................................................
Female .....................................................................................................
Standard Error .........................................................................................
5–17
5.164
.488
4.046
.491
2.499
.401
2.256
.403
18–44
45–64
2.867
.372
5.007
.373
65–74
4.410
.386
5.480
.389
75+
6.052
.469
6.710
.456
8.056
.533
8.160
.533*
The above table is from MEPS, 1996. These data are applied to the actual area age-gender total to derive the barrier free total utilization for a
population with these age and gender characteristics. The corresponding national mean utilization rate is 3.471. *Imputed.
The calculations for Wichita County,
Kansas are shown as an illustration of
how this step of the model works. The
chart below provides the population
breakout by age and gender, the visit
rates for each category, and the adjusted
population that results from dividing by
the average visit rate. The steps are
detailed below the chart.
The basic formula is:
Barrier-free use rate = 4.046 * (# of
females aged 0–4) + 2.256 * (# of
females aged 5–17) +5.007* (# of
females aged 18–44) + 5.480 * (# of
females aged 45–64) + 6.710 * (# of
females aged 65–74) + 8.160 * (# of
females aged 75+) + 5.164 * (# of
males aged 0–4) + 2.499 * (# of
males aged 5–17) + 2.867 * (# of
males aged 18–44) + 4.410 * (# of
males aged 45–64) + 6.052 * (# of
males aged 65–74) + 8.056 * (# of
males aged 75+)
TABLE IV–1A.—APPLYING TABLE IV–1 USING WICHITA, KANSAS AS AN EXAMPLE
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Ages 0–4
Females:
Population .....................................................
Multiplier (from Table IV–1) ..........................
Visits .............................................................
Males:
Population .....................................................
Multiplier (from Table IV–1) ..........................
Visits .............................................................
Female visits ........................................................
Male visits ............................................................
Total visits ..............................................
5–17
18–44
45–64
65–74
75 and over
......................
65
4.046
262.99
......................
93
5.164
480.252
5720.743
5347.916
11068.659
......................
207
2.256
466.992
......................
234
2.499
584.766
......................
363
5.007
1817.541
......................
386
2.867
1106.662
......................
281
5.48
1539.88
......................
108
4.41
476.28
......................
106
6.71
711.26
......................
321
6.052
1942.692
......................
113
8.16
922.08
......................
94
8.056
757.264
For Wichita, the calculations are:
Barrier-free use rate
= 4.046 * (65) + 2.256 * (207) + 5.007
* (363) + 5.480 * (281) + 6.710 *
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(1060) + 8.160 * (113) + 5.164 * (93)
+ 2.499 * (234) + 2.867 * (386) +
4.410 * (108) + 6.052 * (321) +
8.056 * (94)
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= 262.99 + 466.992 + 1817.541 +
1539.88 + 711.26 + 922.08 +
480.252 + 584.766 + 1106.662 +
476.28 +1942.692 + 757.264
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= 11068.659 visits.
Using 1996 MEPS data, individuals
who were barrier free had, on average,
3.741 visits to their primary care
providers. If we then divide the barrierfree use rate by this average number of
visits, we can obtain the ‘‘effective
barrier-free population’’ estimate. In
Wichita, the calculation would be:
Effective barrier-free population =
11068.659 ÷ 3.741 = 2958.74338.
This ‘‘effective barrier-free
population’’ becomes the numerator—
the ‘‘population’’ value—in the
population-to-provider ratio. For
example, the actual population of
Wichita, Kansas was 2,436. By going
through these calculations, however, we
see in Table IV–2 that the effective
barrier-free population is 2,959.
TABLE IV–2
A
B
County name
Total pop
1999
Effective
barrier-free
population
Wichita, KS ..............................................................................................................................................................
2,436
2959
Step 2: Calculate the denominator in
the population-to-provider ratio: The
supply of primary care providers.
The second step is to calculate the
actual number of FTE primary care
clinicians in the target area, including
primary care physicians (allopathic and
osteopathic), NPs, PAs, and CNMs in
primary care settings.
Each active physician in the primary
care specialties (i.e., General Practice,
Family Practice, General Internal
Medicine, General Pediatrics, Ob/Gyn)
is included as 1.0 FTE unless there is
evidence of less than full-time practice,
in which case their actual FTE in the
area is used based on guidance set by
the Secretary on the calculation of FTEs.
As before, physicians in residency
training in these specialties are counted
as 0.1 FTE.
In this proposed rule, NP/PA/CNMs
are also included, but they are counted
either as 0.5 FTE or, at the applicant’s
option, 0.8 times a State-specific
practice scope factor running from 0.5 to
1.0 (in recognition that not all NP/PA/
CNM practices operate at the same level
due to state policies). We discuss this
issue in further detail in section V.G
below.
Data sources are: American Medical
Association Masterfile-Dec. 1998,
American Osteopathic Association-May
1999, American College of Nurse
Midwives-1999, American Association
of Nurse Practitioners-1999, and
American Association of Physician
Assistants-July 1999.
For example, there are 2.5 FTE
primary care providers in Wichita,
Kansas, according to our national data.
Step 3: Calculate the base populationto-provider ratio.
The population-to-provider ratio is
then calculated using the ‘‘effective
barrier-free population’’ (from step 1) as
the numerator and the number of FTE
primary care clinicians (from step 2) as
the denominator. Using Wichita, Kansas
as an example, the base population-toprovider ratio is 1,183 (table IV–3,
column E).
TABLE IV–3
A
B
C
D
E
Total pop
Effective barrierfree population
Tot FTE primary
care
Actual population
to FTE ratio
(A÷C)
Effective
barrier-free
pop/FTE ratio
(B÷C)
Wichita, KS ............................................
2436
2959
2.5
974
1183
Step 4: Adjust for increases in need
for primary care services based on
community characteristics.
Because the programs that rely on
HPSA and MUA/P designations aim to
improve access and thereby improve
health, this consideration drove the
design of the analysis to develop
weights for need for services in areas
and for populations. The fourth step of
this methodology thus computes the
effects of community factors that have
been demonstrated to indicate an even
greater need for services but also a lower
utilization of services than the average
well-insured and healthy population
due to barriers to care.
The general approach was to take
population-level variables that correlate
with barriers to care and then determine
the relationship of those variables to the
adjusted population-to-practitioner ratio
described above, using regression
analysis. From this analysis, the relative
influence of those variables on the ratio
would be derived and, from those
parameters, scores could be estimated to
adjust or ‘‘weight’’ the overall index.
Because step 4 can be quite technical,
we present only an overview here. For
a more detailed discussion of step 4 and
its place in the overall methodology,
please refer to Appendix B (please note
that what we refer to in this rule as
‘‘step 4’’ is referred to as ‘‘steps 4–5’’
and ‘‘step 7’’ in Appendix B). The
methodology is also described in a
journal article recently published in the
Journal of Health Care for the Poor and
Underserved entitled ‘‘Designating
Places and Populations as Medically
mstockstill on PROD1PC66 with PROPOSALS3
County name
VerDate Aug<31>2005
18:17 Feb 28, 2008
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Frm 00010
Fmt 4701
Sfmt 4702
Underserved: A Proposal for a New
Approach’’ (Ricketts et al., 2007).
In developing step 4, we followed the
conceptual framework of access
proposed by Andersen and colleagues,
who posit that there are predisposing
and enabling characteristics that can
represent need (Andersen et al., 1973;
Andersen 1995; Aday and Andersen
1975). There is no consensus set of
community-level indicators that reflect
need within their framework. Because
the programs that rely on HPSA and
MUA/P designations largely address
unmet need by placing primary care
practitioners in areas designated as
underserved, we chose to use the
effective barrier-free population-topractitioner ratio (calculated in steps 1,
E:\FR\FM\29FEP3.SGM
29FEP3
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
2, and 3) as a proxy indicator of relevant
need for this step in the methodology.
We then ran regression analyses to
examine how the ratio varied with
socio-demographic indicators that
research has shown to correlate with
low access and/or poor health status
(Mansfield et al., 1999; CDC, 2000;
Krieger et al., 2003; Andersen and
Newman 1973; Aday and Andersen
1975; Robert 1999; Robert and House,
2000; Kawachi and Berkman, 2003).
We also included factors in the
regression model that closely parallel
the statutory elements of the current
HPSA and MUA designation processes
(health status, ability to pay for services
and their accessibility), and also directly
relate to the programs they initially
11241
were designed to support: the NHSC
and the CHC Programs.
Three categories of high need
indicators were ultimately used, for a
total of nine indicators, as described in
Table IV–4. These factors were used
because they were shown by the
regression to have independent effects
on access to care as measured by the
population-provider ratio.
TABLE IV–4.—VARIABLES USED IN CREATING PROPOSED METHOD
Demographic
Economic
Health status
Percent Non-white ‘‘NONWHITE’’, (src: 1998
Claritas estimates).
Percent population <200% FPL ‘‘POVERTY’’,
(src: 1998 Claritas estimates).
Percent Hispanic ‘‘HISPANIC’’,
Claritas estimates).
1998
Unemployment rate ‘‘UNEMPLOYMENT’’,
(src: Bureau of Labor Statistics, 1998).
Percent population >65 years ‘‘ELDERLY’’,
(src: 1998 Claritas estimates).
..........................................................................
Actual/expected death rate (adj) ‘‘SMR’’, (src:
National Center for Health Statistics, 1998:
for previous 5 year period).
Low birth weight rate ‘‘LBW’’, (src: National
Center for Health Statistics, 1998: for previous 5 year period).
Infant mortality rate ‘‘IMR’’, (src: National Center for Health Statistics, 1998: for previous
5 year period).
(src:
Population density ‘‘DENSITY’’ * (src: 1998 Claritas estimates)
* Population density is a measure of the market potential for an area as well as an indicator of the rural or urban character of a place. As
places become more densely populated, they tend to attract employment and services. Density is also associated with rural and urban settings
and the behavioral characteristics of populations vary along that continuum (Amato and Zuo, 1992).
A number of other need indicators
were considered in the development of
the methodology. Table IV–5 provides a
brief listing and an explanation why
they were not chosen. In many cases,
these elements are highly correlated
with the ones listed above, so their
impact on access is already captured by
the variables that are included.
TABLE IV–5.—VARIABLES CONSIDERED FOR INCLUSION BUT NOT CHOSEN
mstockstill on PROD1PC66 with PROPOSALS3
Suggested variables
Reason for rejection
Percent low income elderly ......................................................................
Percent children <6 ..................................................................................
Percent children low income ....................................................................
Percent children <4 ..................................................................................
Dependency ratio (%>65+%<18/total population) ....................................
Racial disparity in low birth weight rates ..................................................
Disparity in IMR rates ...............................................................................
Birth rate ...................................................................................................
Teen birth rate ..........................................................................................
Prenatal care (Kessner) ...........................................................................
Prenatal care index (Kotelchuck) .............................................................
Ambulatory care sensitive admissions (ACS rates) .................................
Ambulatory care sensitive admissions for children ..................................
ACS rates restricted to common disease (diabetes, hypertension,
cellulitis.
ACS rates for Medicare population ..........................................................
ACS Rates for common disease for Medicare population .......................
Ratio of 100–200% poverty to 100% poverty ..........................................
Uninsured population ................................................................................
Uninsured <18 years ................................................................................
Population density threshold (LT 6 p sq mile, 7 p sq mile) .....................
Linguistic isolation ....................................................................................
Migrant impact ..........................................................................................
Farmworker impact ...................................................................................
Seasonal worker impact ...........................................................................
Percent refugees, immigrant ....................................................................
Medicaid eligible population .....................................................................
Tuberculosis incidence .............................................................................
HIV incidence ...........................................................................................
STD incidence ..........................................................................................
Cancer incidence ......................................................................................
Cervical cancer incidence ........................................................................
Breast cancer incidence ...........................................................................
Hypertension rate .....................................................................................
COPD rates ..............................................................................................
VerDate Aug<31>2005
18:17 Feb 28, 2008
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Used elderly and low income.
Used component in adjusted pop.
Used overall low income.
Used component in adjusted pop.
Used combination of factors that capture this.
Not available for small areas.
Small numbers.1
Highly correlated with chosen measures.
Not available in sub-county areas.
Unstable in small areas.1
Unstable in small areas.1
Not available in all states.
Not available in all states.
Not available in all states.
Not available in all states.
Not available in all states.
High correlation with chosen variables.
Not available in small areas.
Not available in small areas.
Density used as a continuous variable instead.
Not calculated on a regular basis. Imputed data.2
Not available.
Not available.
Not available.
Not calculated on a regular basis. Imputed data.2
Not readily available in small areas.
Not available in small areas.
Not available in small areas.
Not available in small areas.
Not available in small areas.
Not available in small areas.
Not available in small areas.
Not available in small areas.
Not available in small areas.
Sfmt 4702
E:\FR\FM\29FEP3.SGM
29FEP3
11242
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
TABLE IV–5.—VARIABLES CONSIDERED FOR INCLUSION BUT NOT CHOSEN—Continued
Suggested variables
Reason for rejection
Diabetes rates ..........................................................................................
Diabetes rates for children .......................................................................
Asthma rates ............................................................................................
Asthma rates for children .........................................................................
Smoking rates ...........................................................................................
Smoking rates for children/adolescents ...................................................
Obesity ......................................................................................................
Obesity among children ............................................................................
Alcohol use rates ......................................................................................
Alcohol use rates for adolescents. ...........................................................
Binge drinking rates ..................................................................................
Disparity measures (ratio of rates for whites and minorities for disease
incidence various combinations).
Raw mortality rate ....................................................................................
Disparity in mortality rate ..........................................................................
Cancer mortality .......................................................................................
Cardiovascular disease mortality .............................................................
Infectious disease mortality ......................................................................
Suicide rate ...............................................................................................
Teen suicide rate ......................................................................................
Percent rural population ...........................................................................
Percent urban population .........................................................................
Perceptual measures (other designations) ..............................................
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
Not
available
available
available
available
available
available
available
available
available
available
available
available
in
in
in
in
in
in
in
in
in
in
in
in
small
small
small
small
small
small
small
small
small
small
small
small
areas.
areas.
areas.
areas.
areas.
areas.
areas.
areas.
areas.
areas.
areas.
areas.
Prefer adjusted mortality rate.3
Small numbers.
Small numbers.
Small numbers.
Small numbers.
Small numbers.
Small numbers.
Density captures.
Density captures.
Varied from state to state.
1 Infant mortality remains a relatively rare phenomenon and published rates are often compiled from multi-year data. Comparing rates for small
areas would compound the instability of those rates. The same problems are encountered with data that describe the character of prenatal care
in small and rural areas, although these Indices are based on assessments of all births, the degree to which prenatal care meets standards of
adequacy in smaller and less populated areas may vary from year to year due to isolated events or poor care for a limited number of newborns
due to factors that do not reflect the character of the health care in the area (e.g. weather, relocation).
2 These data are reported by the Census Bureau and are ‘‘imputed’’ from other variables (reported ethnicity and the likelihood of being a refugee or immigrant). The data are not collected directly.
3 The mortality rate varies widely according to the age structure of a place. A much higher proportion of elderly is often associated with a much
higher mortality rate. Adjusting for the age structure allows for a better comparison of the mortality burden of the community relative to its risk.
To calculate the adjustment factors or
‘‘weights,’’ the actual value of each high
need indicator was converted to a
percentile relative to the national
county distribution, using a conversion
table (see Table IV–6). For all variables
except population density, the
theoretically worst actual value
corresponded to the 99th percentile
(e.g., the higher the unemployment rate
in an area, the higher the percentile.) In
Wichita, Kansas for example, 3.59% of
the population were unemployed. Table
IV–6 is used to translate this percentage
into a percentile: In this case, Wichita
falls in the 24th percentile.
TABLE IV–6.—HIGH NEED INDICATORS—BREAKPOINTS FOR CONVERSION FROM COMMUNITY VALUES TO NATIONAL
PERCENTILES *
mstockstill on PROD1PC66 with PROPOSALS3
Percentile
1 .................................
2 .................................
3 .................................
4 .................................
5 .................................
6 .................................
7 .................................
8 .................................
9 .................................
10 ...............................
11 ...............................
12 ...............................
13 ...............................
14 ...............................
15 ...............................
16 ...............................
17 ...............................
18 ...............................
19 ...............................
20 ...............................
21 ...............................
22 ...............................
23 ...............................
24 ...............................
25 ...............................
VerDate Aug<31>2005
Poverty
Unemp
13.31
16.15
18.29
19.74
21.15
22.27
23.25
24.24
25.01
25.68
26.25
26.83
27.36
27.83
28.42
28.93
29.39
29.91
30.29
30.66
31.12
31.57
31.90
32.24
32.62
18:17 Feb 28, 2008
Jkt 214001
1.70
1.90
2.10
2.20
2.30
2.40
2.40
2.50
2.60
2.70
2.70
2.80
2.90
2.90
3.00
3.10
3.10
3.20
3.20
3.30
3.30
3.40
3.40
3.50
3.60
PO 00000
Elderly
6.32
7.55
8.18
8.79
9.34
9.70
9.97
10.23
10.50
10.71
10.90
11.11
11.26
11.43
11.61
11.75
11.92
12.06
12.17
12.30
12.46
12.57
12.72
12.82
12.94
Frm 00012
Density
Hispanic
0.66
1.01
1.49
1.79
2.16
2.54
3.01
3.38
3.80
4.24
4.73
5.32
6.23
6.82
7.82
8.41
9.36
9.97
10.98
11.96
13.02
13.90
14.60
15.78
16.66
Fmt 4701
Sfmt 4702
0.13
0.19
0.23
0.26
0.29
0.30
0.33
0.34
0.36
0.38
0.40
0.41
0.42
0.44
0.46
0.47
0.49
0.50
0.51
0.53
0.55
0.56
0.58
0.59
0.60
Non white
Death rate
0.23
0.30
0.36
0.40
0.45
0.48
0.53
0.58
0.61
0.64
0.67
0.71
0.76
0.79
0.83
0.88
0.93
0.97
1.01
1.06
1.11
1.16
1.20
1.27
1.33
0.674
0.729
0.766
0.788
0.805
0.816
0.826
0.837
0.846
0.853
0.861
0.867
0.873
0.878
0.883
0.889
0.894
0.899
0.903
0.908
0.913
0.917
0.920
0.925
0.928
E:\FR\FM\29FEP3.SGM
29FEP3
LBW
3.23
3.66
3.94
4.13
4.32
4.44
4.60
4.69
4.80
4.88
4.95
5.02
5.10
5.16
5.22
5.28
5.34
5.38
5.42
5.47
5.52
5.57
5.60
5.65
5.71
IMR
0.00
0.00
0.00
0.00
3.09
3.49
3.89
4.13
4.43
4.63
4.76
4.90
4.99
5.09
5.22
5.33
5.43
5.55
5.63
5.74
5.86
5.91
6.00
6.08
6.17
11243
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
TABLE IV–6.—HIGH NEED INDICATORS—BREAKPOINTS FOR CONVERSION FROM COMMUNITY VALUES TO NATIONAL
PERCENTILES *—Continued
mstockstill on PROD1PC66 with PROPOSALS3
Percentile
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
VerDate Aug<31>2005
Poverty
Unemp
32.98
33.43
33.71
34.07
34.45
34.83
35.15
35.57
35.85
36.22
36.53
36.82
37.07
37.34
37.62
37.83
38.16
38.35
38.63
38.85
39.14
39.44
39.74
40.06
40.31
40.61
40.93
41.21
41.49
41.72
42.04
42.35
42.62
42.98
43.38
43.67
44.01
44.25
44.65
44.90
45.15
45.38
45.77
46.13
46.52
46.90
47.19
47.48
47.85
48.14
48.49
48.83
49.15
49.66
50.03
50.39
50.88
51.22
51.70
52.21
52.63
53.05
53.51
54.01
54.75
55.46
56.23
57.26
58.23
59.13
61.07
18:17 Feb 28, 2008
Jkt 214001
3.60
3.70
3.70
3.80
3.80
3.90
3.90
4.00
4.00
4.10
4.10
4.20
4.30
4.30
4.40
4.40
4.50
4.50
4.60
4.60
4.70
4.80
4.80
4.90
4.90
5.00
5.00
5.10
5.20
5.20
5.30
5.30
5.40
5.50
5.50
5.60
5.70
5.80
5.90
5.90
6.00
6.10
6.30
6.40
6.50
6.60
6.70
6.80
6.90
7.00
7.10
7.30
7.30
7.50
7.70
7.80
7.90
8.00
8.10
8.20
8.40
8.60
8.80
9.00
9.30
9.50
9.80
10.10
10.50
10.80
11.50
PO 00000
Elderly
13.04
13.14
13.24
13.33
13.41
13.51
13.63
13.73
13.83
13.90
14.02
14.12
14.18
14.26
14.31
14.39
14.49
14.57
14.67
14.76
14.84
14.94
15.00
15.12
15.20
15.31
15.43
15.52
15.63
15.71
15.78
15.91
15.99
16.09
16.21
16.30
16.39
16.52
16.67
16.76
16.86
16.96
17.11
17.24
17.38
17.49
17.64
17.76
17.90
17.99
18.17
18.33
18.48
18.64
18.88
19.10
19.29
19.53
19.79
20.09
20.31
20.62
20.89
21.25
21.54
21.92
22.33
22.67
23.16
23.53
24.53
Frm 00013
Density
Hispanic
17.63
18.40
19.03
19.94
20.92
22.15
22.85
23.76
24.61
25.83
26.76
27.67
28.48
29.56
30.35
31.51
32.46
33.33
34.49
35.63
36.72
37.69
38.72
39.88
41.38
42.64
44.24
45.78
47.24
48.65
49.94
51.61
53.18
54.53
56.26
58.03
61.20
63.54
66.32
68.59
70.91
73.19
74.78
79.13
82.37
85.72
88.76
92.97
97.05
101.55
107.04
113.07
120.40
129.38
137.50
147.51
157.66
168.72
184.45
198.45
215.14
236.02
264.75
291.58
321.29
357.86
413.68
488.71
595.16
755.53
995.22
Fmt 4701
Sfmt 4702
0.62
0.64
0.65
0.67
0.68
0.70
0.72
0.74
0.76
0.78
0.81
0.83
0.85
0.87
0.90
0.93
0.95
0.98
1.01
1.04
1.07
1.11
1.15
1.20
1.24
1.27
1.30
1.35
1.39
1.44
1.49
1.54
1.60
1.65
1.72
1.80
1.88
1.98
2.08
2.16
2.26
2.37
2.48
2.60
2.74
2.89
3.05
3.17
3.35
3.58
3.78
4.03
4.35
4.61
5.04
5.62
5.99
6.64
7.43
8.05
8.88
9.74
10.66
12.34
13.82
15.88
17.90
21.81
25.73
28.66
34.72
Non white
Death rate
1.40
1.49
1.54
1.63
1.73
1.79
1.89
1.99
2.06
2.12
2.20
2.29
2.44
2.57
2.69
2.82
3.04
3.18
3.35
3.49
3.67
3.87
4.04
4.22
4.44
4.65
4.90
5.17
5.50
5.81
6.12
6.37
6.72
7.03
7.31
7.74
8.23
8.69
9.24
9.60
9.97
10.40
10.96
11.54
12.36
13.18
14.08
14.81
15.80
16.60
17.38
18.18
19.40
20.67
22.01
23.26
24.48
25.73
26.83
28.24
30.57
31.78
33.74
35.30
37.43
39.16
41.17
43.77
46.18
48.01
52.62
0.932
0.937
0.938
0.941
0.945
0.948
0.952
0.956
0.958
0.961
0.965
0.968
0.971
0.974
0.978
0.981
0.985
0.989
0.992
0.996
0.999
1.002
1.005
1.009
1.013
1.018
1.021
1.024
1.027
1.030
1.034
1.039
1.042
1.045
1.049
1.052
1.055
1.060
1.064
1.067
1.071
1.074
1.079
1.083
1.087
1.093
1.097
1.102
1.108
1.112
1.117
1.122
1.127
1.132
1.137
1.143
1.146
1.153
1.160
1.167
1.173
1.181
1.190
1.200
1.210
1.218
1.230
1.238
1.252
1.268
1.289
E:\FR\FM\29FEP3.SGM
29FEP3
LBW
5.76
5.80
5.84
5.88
5.92
5.96
6.00
6.03
6.08
6.12
6.15
6.20
6.24
6.28
6.33
6.36
6.41
6.45
6.49
6.54
6.60
6.63
6.67
6.70
6.76
6.78
6.82
6.86
6.91
6.96
7.00
7.06
7.10
7.14
7.20
7.25
7.29
7.33
7.38
7.44
7.50
7.55
7.61
7.65
7.73
7.78
7.83
7.90
7.95
8.01
8.07
8.14
8.23
8.30
8.42
8.48
8.56
8.69
8.81
8.93
9.04
9.16
9.24
9.36
9.58
9.77
9.92
10.17
10.35
10.55
10.87
IMR
6.27
6.32
6.39
6.45
6.53
6.62
6.68
6.74
6.82
6.88
6.95
7.05
7.11
7.18
7.26
7.35
7.42
7.48
7.55
7.61
7.67
7.74
7.81
7.86
7.91
7.98
8.08
8.14
8.19
8.27
8.32
8.43
8.50
8.58
8.66
8.76
8.81
8.87
8.92
9.02
9.11
9.18
9.24
9.35
9.41
9.54
9.64
9.76
9.89
10.00
10.16
10.27
10.34
10.50
10.63
10.75
10.94
11.11
11.28
11.53
11.76
11.98
12.25
12.50
12.81
13.15
13.58
13.87
14.21
14.79
15.63
11244
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
TABLE IV–6.—HIGH NEED INDICATORS—BREAKPOINTS FOR CONVERSION FROM COMMUNITY VALUES TO NATIONAL
PERCENTILES *—Continued
Percentile
Poverty
97 ...............................
98 ...............................
99 ...............................
Unemp
62.59
65.07
68.05
Elderly
12.20
13.20
15.20
25.06
26.22
27.75
Density
Hispanic
1356.41
1759.93
3090.35
Non white
Death rate
57.51
62.78
69.42
1.310
1.341
1.407
42.03
48.46
65.75
LBW
11.31
11.72
12.47
IMR
16.56
17.54
19.70
Data Sources: Census Estimates from Claritas 1998; Bureau of Labor Statistics 1998, National Center for Health Statistics 1998.
The resulting percentile rankings for
each of the high need indicators in the
area are then converted to a score, using
a second table (see Table IV–7), which
expresses the results of the regression
analysis in terms of partial scores or
weights for each indicator. Using Table
IV–7 and using Wichita as an example,
we see that a percentile ranking of 24 for
unemployment translates into a score of
32.21.
TABLE IV–7.—SCORES FOR HIGH NEED INDICATORS, GIVEN THEIR NATIONAL PERCENTILES
mstockstill on PROD1PC66 with PROPOSALS3
Percentile
Poverty
0 .......................................................
1 .......................................................
2 .......................................................
3 .......................................................
4 .......................................................
5 .......................................................
6 .......................................................
7 .......................................................
8 .......................................................
9 .......................................................
10 .....................................................
11 .....................................................
12 .....................................................
13 .....................................................
14 .....................................................
15 .....................................................
16 .....................................................
17 .....................................................
18 .....................................................
19 .....................................................
20 .....................................................
21 .....................................................
22 .....................................................
23 .....................................................
24 .....................................................
25 .....................................................
26 .....................................................
27 .....................................................
28 .....................................................
29 .....................................................
30 .....................................................
31 .....................................................
32 .....................................................
33 .....................................................
34 .....................................................
35 .....................................................
36 .....................................................
37 .....................................................
38 .....................................................
39 .....................................................
40 .....................................................
41 .....................................................
42 .....................................................
43 .....................................................
44 .....................................................
45 .....................................................
46 .....................................................
47 .....................................................
48 .....................................................
49 .....................................................
50 .....................................................
51 .....................................................
52 .....................................................
53 .....................................................
54 .....................................................
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Jkt 214001
0.00
3.01
6.04
9.11
12.21
15.34
18.50
21.70
24.93
28.20
31.50
34.84
38.22
41.64
45.10
48.59
52.13
55.71
59.34
63.00
66.72
70.48
74.29
78.15
82.06
86.02
90.03
94.10
98.22
102.40
106.64
110.95
115.31
119.74
124.24
128.80
133.44
138.15
142.93
147.79
152.74
157.76
162.87
168.07
173.36
178.75
184.24
189.83
195.52
201.33
207.25
213.29
219.45
225.75
232.18
PO 00000
Unemp
0.00
1.18
2.37
3.58
4.79
6.02
7.26
8.52
9.79
11.07
12.37
13.68
15.00
16.35
17.70
19.08
20.46
21.87
23.29
24.73
26.19
27.67
29.16
30.68
32.21
33.77
35.34
36.94
38.56
40.20
41.86
43.55
45.27
47.01
48.77
50.56
52.38
54.23
56.11
58.02
59.96
61.93
63.94
65.98
68.06
70.17
72.33
74.52
76.75
79.03
81.36
83.73
86.15
88.62
91.15
Frm 00014
Elderly
Density
0.00
0.54
1.09
1.65
2.21
2.77
3.34
3.92
4.51
5.10
5.69
6.30
6.91
7.53
8.15
8.78
9.42
10.07
10.72
11.39
12.06
12.74
13.43
14.12
14.83
15.55
16.27
17.01
17.75
18.51
19.28
20.05
20.84
21.64
22.45
23.28
24.12
24.97
25.83
26.71
27.61
28.51
29.44
30.38
31.33
32.31
33.30
34.31
35.34
36.39
37.46
38.55
39.66
40.80
41.96
Fmt 4701
Sfmt 4702
995.20
831.13
735.15
667.05
614.23
571.07
534.58
502.98
475.10
450.16
427.59
407.00
388.05
370.51
354.18
338.90
324.55
311.02
298.22
286.08
274.53
263.52
253.00
242.92
233.26
223.98
215.04
206.43
198.13
190.10
182.34
174.83
167.54
160.47
153.61
146.94
140.46
134.15
128.00
122.00
116.16
110.46
104.89
99.44
94.12
88.92
83.83
78.85
73.97
69.18
64.50
59.90
55.39
50.97
46.62
Hispanic
Non white
Death rate
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.39
2.81
4.25
5.71
7.20
8.72
10.27
11.85
13.46
15.10
16.77
18.48
20.22
22.00
0.00
0.82
1.65
2.49
3.33
4.19
5.05
5.93
6.81
7.70
8.60
9.52
10.44
11.37
12.32
13.27
14.24
15.22
16.21
17.21
18.22
19.25
20.29
21.34
22.41
23.49
24.59
25.70
26.83
27.97
29.13
30.30
31.49
32.70
33.93
35.18
36.45
37.73
39.04
40.37
41.72
43.09
44.48
45.90
47.35
48.82
50.32
51.85
53.40
54.99
56.60
58.25
59.94
61.66
63.41
0.00
0.81
1.64
2.47
3.31
4.15
5.01
5.88
6.75
7.64
8.53
9.44
10.35
11.28
12.21
13.16
14.12
15.09
16.07
17.07
18.07
19.09
20.12
21.17
22.23
23.30
24.39
25.49
26.61
27.74
28.89
30.05
31.23
32.43
33.65
34.89
36.14
37.42
38.72
40.03
41.37
42.73
44.12
45.53
46.96
48.42
49.90
51.42
52.96
54.53
56.14
57.77
59.44
61.15
62.89
E:\FR\FM\29FEP3.SGM
29FEP3
LBW/IMR
0.00
0.72
1.44
2.17
2.91
3.65
4.40
5.17
5.93
6.71
7.50
8.29
9.10
9.91
10.73
11.57
12.41
13.26
14.12
15.00
15.88
16.78
17.68
18.60
19.53
20.48
21.43
22.40
23.38
24.38
25.39
26.41
27.45
28.50
29.57
30.66
31.76
32.88
34.02
35.18
36.36
37.55
38.77
40.01
41.27
42.55
43.86
45.19
46.54
47.92
49.33
50.77
52.24
53.74
55.27
11245
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
TABLE IV–7.—SCORES FOR HIGH NEED INDICATORS, GIVEN THEIR NATIONAL PERCENTILES—Continued
Percentile
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
Poverty
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
Unemp
238.75
245.47
252.34
259.38
266.59
273.97
281.54
289.30
297.28
305.47
313.89
322.56
331.49
340.69
350.18
359.98
370.12
380.61
391.49
402.77
414.50
426.70
439.43
452.72
466.63
481.22
496.55
512.72
529.81
547.94
567.23
587.86
610.02
633.95
659.97
688.47
719.97
755.19
795.11
841.20
895.72
962.43
1048.45
1169.68
1376.93
This same conversion of percentages
to percentiles to scores is then done for
each of the nine high need indicators.
An example is included in Table IV–8
to illustrate this step, again using
Wichita as an example.
Elderly
93.73
96.36
99.06
101.82
104.65
107.55
110.52
113.57
116.70
119.92
123.22
126.63
130.13
133.74
137.47
141.32
145.30
149.41
153.68
158.11
162.72
167.51
172.50
177.72
183.18
188.91
194.93
201.28
207.98
215.10
222.68
230.77
239.47
248.87
259.08
270.27
282.63
296.46
312.13
330.23
351.63
377.82
411.58
459.18
540.53
43.15
44.37
45.61
46.88
48.18
49.52
50.89
52.29
53.73
55.21
56.73
58.30
59.91
61.58
63.29
65.06
66.90
68.79
70.76
72.80
74.92
77.12
79.42
81.83
84.34
86.98
89.75
92.67
95.76
99.03
102.52
106.25
110.26
114.58
119.28
124.43
130.13
136.49
143.71
152.04
161.89
173.95
189.50
211.41
248.87
mstockstill on PROD1PC66 with PROPOSALS3
% < 200% Poverty
Unemployment
Rate.
% 65+ ...................
VerDate Aug<31>2005
..................
Percentile
Score .......
..................
49.8%
79
467
3.59%
Percentile
Score .......
..................
Percentile
Score .......
24
32
15.6%
53
41
18:17 Feb 28, 2008
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42.36
38.17
34.05
30.01
26.03
22.11
18.27
14.48
10.75
7.08
3.47
¥0.09
¥3.60
¥7.06
¥10.46
¥13.82
¥17.13
¥20.40
¥23.62
¥26.79
¥29.93
¥33.02
¥36.08
¥39.09
¥42.07
¥45.01
¥47.92
¥50.78
¥53.62
¥56.42
¥59.19
¥61.93
¥64.63
¥67.31
¥69.95
¥72.57
¥75.15
¥77.71
¥80.24
¥82.75
¥85.23
¥87.68
¥90.11
¥92.51
¥94.89
Wichita
County,
KS
High need indicators
Population/Sq Mile
% Hispanic ...........
Wichita
County,
KS
Hispanic
64.67
66.49
68.35
70.26
72.21
74.21
76.26
78.36
80.52
82.74
85.02
87.37
89.79
92.28
94.85
97.51
100.25
103.10
106.04
109.10
112.27
115.58
119.03
122.63
126.39
130.35
134.50
138.88
143.51
148.42
153.65
159.23
165.23
171.72
178.76
186.48
195.02
204.56
215.37
227.85
242.62
260.69
283.99
316.83
372.97
TABLE IV–8—Continued
TABLE IV–8
High need indicators
Density
% Non-White ........
Death Rate ...........
LBW (Low Birth
Weight).
IMR (Infant Mortality Rate).
PO 00000
Frm 00015
..................
Percentile
Score .......
..................
Percentile
Score .......
..................
Percentile
Score .......
..................
Percentile
Score .......
..................
Percentile
Score .......
..................
Fmt 4701
Sfmt 4702
3.7%
8
475
16.4%
91
195
1.2%
22
0
.67%
0
0
7.78%
71
88
N/A *
Non white
Death rate
23.82
25.68
27.58
29.53
31.53
33.57
35.67
37.82
40.03
42.30
44.63
47.03
49.50
52.05
54.68
57.39
60.20
63.11
66.12
69.24
72.49
75.87
79.39
83.07
86.93
90.97
95.21
99.69
104.42
109.44
114.79
120.50
126.64
133.26
140.47
148.36
157.08
166.84
177.89
190.66
205.75
224.23
248.05
281.62
339.02
LBW/IMR
65.21
67.04
68.92
70.84
72.81
74.83
76.89
79.02
81.19
83.43
85.73
88.10
90.54
93.05
95.64
98.32
101.09
103.95
106.92
110.01
113.21
116.54
120.02
123.65
127.45
131.43
135.62
140.04
144.70
149.65
154.92
160.56
166.61
173.15
180.25
188.04
196.64
206.26
217.16
229.75
244.64
262.86
286.36
319.47
376.07
56.83
58.43
60.07
61.74
63.46
65.21
67.02
68.87
70.76
72.71
74.72
76.78
78.91
81.10
83.36
85.69
88.10
90.60
93.19
95.87
98.67
101.57
104.60
107.76
111.08
114.55
118.20
122.05
126.11
130.43
135.02
139.93
145.21
150.90
157.10
163.88
171.38
179.76
189.27
200.24
213.21
229.10
249.57
278.43
327.76
TABLE IV–8—Continued
Wichita
County,
KS
High need indicators
Percentile.
Score.
Total Score To Be
Added.
..................
1298
* The infant mortality rate was not used for
Wichita County since it was unstable (too few
events-births and death in low population
county). The alternative low birth weight rate
was used.
Because the same metric (i.e.
population-to-provider ratio) was used
to calculate both the effective barrierfree population and the scores, the
scores can simply be added to the
effective barrier-free population-to-
E:\FR\FM\29FEP3.SGM
29FEP3
11246
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
primary care provider ratio to derive the
final adjusted population-to-primary
care provider ratio. This adjusted ratio
reflects the combination of the
‘‘effective barrier free population’’ (ageadjusted) and the effect of community
needs and use factors.
These ratios can then be used to
reflect the relative need of the areas,
with the highest ratios indicating the
areas of greatest need. An example is
included in Table IV–9, again using
Wichita as an example and Burlington,
New Jersey for comparison. Column G
reflects the new measure of
underservice proposed in these rules
and is intended to resemble the current
MUA/P method in that it creates a score
or index of underservice.
TABLE IV–9
Total pop
1999
mstockstill on PROD1PC66 with PROPOSALS3
Wichita, KS ......
Burlington, NJ ..
Total FTE
primary care
Actual population to FTE
ratio
(A÷C)
Effective barrierfree pop/ FTE
ratio
(B÷C)
Score from
weights
Final adjusted
effective barrierfree pop/ FTE
ratio
(E+F)
A
County name
Effective
barrier-free
population
B
C
D
E
F
G
2,436
416,853
2,959
482,594
Even though there are far fewer
people in Wichita than in Burlington
and the actual population-to-provider
ratios are roughly equivalent (column
D), this methodology shows that the true
need in Wichita (i.e., the level of care
the Wichita population would demand
if they did not have any barriers to care)
is actually much greater than in
Burlington (column G).
Though this underlying methodology
is conceptually and computationally
complex, one advantage of this new
method is that the actual calculations
involved have been automated through
the use of the conversion tables. The
new method is, therefore, relatively
simple to implement by State and local
applicants. The system has also been
developed in a way that allows an
applicant to enter their area-specific or
population-specific data into an
Internet-based query system and have
their score returned in real time. This
would allow applicants to compare their
level of underservice with those of other
designated and undesignated areas and
populations in an accessible system.
Moreover, the use of a tabular method
for scoring allows for future changes in
the scaling of the scores when there are
changes in the distribution of values. It
also allows HRSA to update these
values without having to change the
overall approach to developing scores.
Step 5: Comparing the final adjusted
effective barrier-free population-toprovider ratio against a threshold of
underservice.
The fifth step in this method involves
comparing the final adjusted ratios for
various areas against a threshold of
underservice. A county or other RSA
will be designated as undeserved if its
final adjusted ratio equals or exceeds
this threshold. The threshold level
proposed is 3,000 persons for every FTE
primary care clinician. A population of
VerDate Aug<31>2005
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2.5
411.2
974
1014
3,000, distributed according to the
national average age-sex distribution, is
about twice the normal load for a busy
primary care physician, which is
approximately 1500:1. Accordingly,
when the threshold level of 3000:1 is
reached, an area is already one primary
care clinician short for each primary
care clinician it has. The impact
analysis in Section VI below deals with
the effect of this choice on the number
and population of designated areas.
While there is no one figure that is a
universally accepted standard, the
3000:1 threshold is based on an
adequacy ratio of 1500:1 as noted above
and is similar to the target ratio used in
a number of organizations and
identified in a variety of studies:
• A study of the Canadian system and
its process for measuring medical
underservice, for example, identified
1500:1 or greater as a level of
underservice appropriate for a
recruitment incentive program
(Goldsmith 2000).
• A Veterans Administration study
recommended a target for a primary care
panel between 1,000–1,400 patients
(Perlin and Miller, 2003).
• According to the Bureau of Primary
Health Care (unpublished data),
Community Health Centers averaged
1,439 medical users per medical FTE in
1999, and this number is very consistent
with the 1997 and 1998 figures. In
addition, the NHSC reports an average
of 1,527 patients per provider.
• A George Washington University
(GWU) report on Standards for Managed
Care related to the Balanced Budget Act
of 1997 found that State Medicaid
programs most frequently required that
Medicaid HMOs have a panel size of
1500:1
• An article published in the Journal
of the American Medical Association
suggested benchmark ratios to compare
PO 00000
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1184
1173.6
1298
251.6
2482
1425.3
relative supply that were slightly above
and below 1500:1 (Goodman et al,
1996).
• Using data from the National
Ambulatory Medical Care Survey
(NAMCS), which estimates visits per
person per year to physicians, the
national mean ratio of primary care
physicians per population of 1498:1,
very close to 1500:1.
The 3000:1 threshold is a very
conservative estimate of the level of
need and identifies the worst quartile of
the areas analyzed, which is a similar
standard to that used when the original
thresholds were set in the existing
designation methods. Moreover, this
threshold is consistent with the level
used for HPSA designation of high-need
areas and population groups in the past.
Step 6: Determining tiers of shortage.
An important issue in the preparation
of these regulations is whether
federally-sponsored primary care
providers who are present in currentlydesignated areas should be included in
computations when updating the
designations. On the one hand,
including these providers in the
provider count could result in ‘‘yo-yo’’
effects, in which an area is designated
as underserved; a CHC or NHSC
intervention occurs as a result of the
designation; those practitioners are then
counted, resulting in a loss of the
designation; the intervention is
removed; the area again becomes
eligible for designation; and the cycle
repeats itself. On the other hand, there
are concerns about areas remaining on
the list of designations whose needs
have already been met through a
federally supported program or
provider. This has led to situations in
which additional resources are allocated
to an area where providers or clinics
have previously been placed to help
meet the needs of the area.
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To deal with both sides of this issue,
we propose to publish a two-tiered list
of designations. Each designated area or
population group will be identified as
having either a first or second tier of
shortage. Tier 1 designations will be
those areas which continue to exceed
the threshold even when all federal
resources placed in the area are
counted. Tier 2 designations will be
those areas exceed the threshold only
when certain federal resources placed in
those areas are excluded.
Thus, one final set of calculations is
undertaken to identify those ‘‘Tier 2’’
areas which fall below the threshold
when certain federally-sponsored
clinicians are counted but would exceed
the threshold if they were withdrawn.
The federally-sponsored clinicians
considered here are NHSC affiliated
clinicians, clinicians obligated under
the State Loan Repayment Program
(SLRP) (a loan repayment program
involving joint Federal and State
funding), physicians with J–1 visa
return-home waivers, and other
clinicians providing services at health
centers funded under Section 330.
When determining Tier 2
designations, these federally-sponsored
clinicians are not counted in the
denominator of the area’s ratio. Finally,
steps 3 and 4 are repeated to recalculate
the final adjusted ratio using this lower
clinician count and to compare it with
the designation threshold. The areas
exceeding the threshold when this
procedure is followed are identified as
‘‘Tier 2’’ designations.
Both types of designations would be
eligible for federal programs authorized
to place resources in MUPs or HPSAs.
However, Tier 2 areas would typically
be eligible only to maintain the
approximate levels of federal resources
already deployed, while Tier 1 areas
could apply for additional resources.
C. Example Calculations
Table IV–10 shows calculations for
actual population-to-provider ratios, the
effective barrier-free population-toprovider ratios, the scores based on high
need indicator percentiles for the area,
and the resulting population to primary
care clinician ratios.
TABLE IV–10.—EXAMPLE OF CALCULATION OF ADJUSTED POPULATION-TO-PRIMARY CARE CLINICIAN RATIO
Wichita, KS ..........
Burlington, NJ ......
Coconino AZ ........
St. Lucie, FL .........
E. Baton Rouge,
LA .....................
Dunklin, MO .........
Bronx, NY .............
Guernsey, OH ......
Rusk, WI ..............
Total FTE
primary care
Effective barrier-free pop/
FTE ratio
(B÷C)
C
Total pop
1999
A
County name
Effective
barrier-free
population
D
B
Score from
weights
‘‘Tier 1’’
Final adjusted effective barrierfree pop/FTE
ratio (D+E)
Ratio w/o fed
FTE (C-Federally sponsored clinicians)
‘‘Tier 2’’
Final adjusted effective barrierfree pop/FTE
ratio (G+E)
E
F
G
H
2,436
416,853
116,977
180,937
2,959
482,594
127,492
222,417
2.5
411.2
91.7
105.1
1184
1173.6
1389.6
2116.5
1298
251.6
1161.4
918.3
2482
1425.3
2551
3034.8
* 5918
1179.4
1444.7
2314.7
7216
1431.0
2606.1
3233.0
395,635
33,006
1,185,970
40,854
15,449
447,680
40,146
1,366,382
48,273
18,501
379.5
22.8
1210.6
20.2
10.8
1179.7
1764.6
1128.7
2389.8
1713.0
640.2
1469.4
1665.3
751.7
1070.5
1819.8
3234.1
2793.9
3141.5
2783.6
1185.9
1764.6
1199.6
2389.8
8043.7
1826.1
3234.1
2864.8
3141.5
9114.2
* Non-federally sponsored FTE = 0.5; 2959/0.5 = 5917/1.
According to these calculations,
Wichita would not qualify for
designation as a Tier 1 underserved
area. However, Wichita would qualify
for designation as a Tier 2 underserved
area when federally sponsored FTEs are
deleted and high need weights are
added.
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D. Alternative Approaches Considered
A variety of other alternative
measures and options were considered
during the development of the method.
The research team at the University of
North Carolina conducted a
comprehensive review of current and
alternative measures of underservice, as
noted in a 1995 report (Ricketts et al.,
1995. As part of this effort, two
workshops were convened in 1999 and
2000 on modeling health professions
supply and healthcare needs and on
measurement of underservice. Several of
the options considered and the reasons
for not pursuing them are described
below:
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—There was consideration of using the
simple population to provider ratio as
the index, but there was no consensus
on the ‘‘right’’ ratio, and there was
strong interest in a more multifactorial approach to take other high
need factors into account. The PCO
Work Group’s initial
recommendations were based
primarily on the ratio, with
adjustments to the ratio for high
needs, similar to the current process
for HPSAs. After continued
discussion with HRSA staff and the
contractors, the Work Group
acknowledged that the proposed
methodology accomplished much the
same by incorporating the need
variables into the analysis rather than
adjusting the target ratio, although
final agreement was held pending
review of the impact data. The
approach used in the 1998 proposal,
which was an Index of Primary Care
Services from 1–100 based on a
variety of ‘‘need’’ factors, was not
chosen partly due to the history and
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partly due to the fact that such a scale
had no intrinsic meaning as a measure
of access, while a score related to a
ratio of population to the providers is
more easily understood across the
board.
—We considered using hospitalization
rates for Ambulatory Care Sensitive
Conditions (ACSC) as proxies for
underservice as they could reflect
failures in the primary care system to
meet the needs of the population.
However, comprehensive data are not
universally available, particularly at
the sub-county level, where primary
care analysis is based. In addition, the
analysis indicates that these rates are
more indicative of problems with
access to care related to income,
employment, and race, rather than to
lack of providers or services.
—Alternative methodologies used in
Canada and the United Kingdom (UK)
were reviewed for possible use. In
Canada, however, each province had
a different methodology, which did
not meet the comprehensive national
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approach. In the UK, the focus was
specifically on the location of General
Practitioners (GPs), whose practice
locations are partially controlled by
the government. In addition, they
were partially based on interviews
with GPs to identify areas of
underservice, which is not an
approach that can be replicated on a
national scale and has no scientific
basis. Both countries did, however,
have models that incorporated many
of the same concepts used in this
proposal, including distance to care
(which has a functional similarity to
population density in our model),
census variables such as ‘‘class,’’
unemployment, age, and the
availability of providers. This
reinforces the validity of taking into
account such variables when
measuring access to care and
underservice.
—Extensive research on the state of the
art in health care access led to a paper
by Dr. Donald Taylor (Taylor et al.,
2000) which examined the
relationship between theoretical need
for care and resources to provide the
care. His conclusion was that there is
no one simple construct of
underservice and no unitary measure,
but that there are several interlocking
components that need to be
considered. These conceptual
components were not actually
alternative measures of underservice
but five components of a
comprehensive model. His
hypothetical model, at the county
level, included the following
components:
Æ Momentum: the economic and
population dynamics of an area and
changes over time
Æ Demand: based on the age and
gender of the population
Æ Infrastructure: presence of hospitals
and other providers, insurance coverage,
etc.
Æ Need: based on proxies for health
status
Æ FIT: describes the degree of ‘‘fit’’ of
the various factors, which represents the
level of service or underservice
The conceptual model, the Taylor
Indices of Underservice, was tested
using simultaneous multiple
correlations and was found to be robust
for the prediction of demand,
infrastructure and needs but not for FIT
and momentum. A latent variables
testing method was applied and the
concept of FIT was supported via this
analysis. A second order confirmatory
analysis (CFA) supported this result,
which suggested that a combination of
variables that reflect demand and
infrastructure with appropriate proxies
for need—especially the age structure of
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the community—could generate a useful
index, FIT, that summarized community
underservice. The current proposal
builds on this notion of FIT as a latent
indicator of overall need, as reflected in
the score that is calculated in the
process.
For several reasons, Dr. Taylor’s
approach could not have been used
without modification for purposes of
this rulemaking. For example, this
approach did not appear to correlate
well with indicators of utilization,
which is considered a reliable indicator
of access. Moreover, counties are not
considered an appropriate level of
analysis in many areas served by
HRSA’s programs.
However, the principles and detailed
analytical methods used in Dr. Taylor’s
model were incorporated to a large
extent in the current proposed
methodology, which includes age/
gender utilization projections for
expressed need or demand, need (as
captured by socio-demographic and
health status indicators), and
infrastructure (as reflected in
unemployment, poverty, and
availability of providers).
—Years of Potential Life Lost (YPLL)
was also considered as a potential
measure. However, similar to the
ACSC analysis, there was a much
stronger correlation between socioeconomic factors (race, education,
etc.) than with the presence or
absence of primary care providers and
services.
V. Description of the Proposed
Regulations
A. Procedures (Subpart A)
The proposed approach to processing
MUA, MUP and HPSA designation
requests, set forth in Subpart A below,
is an adaptation of the HPSA
designation procedures currently in
effect, as codified at 42 CFR Part 5. The
previous procedures have been
modified to include the particular
comment and consultation requirements
of the MUP legislation, but otherwise
closely follow the present HPSA
designation procedures, including those
specifically required by statute.
As before, the proposed procedures
involve an interactive process between
the Secretary, the States, and individual
applicants [see § 5.3(a)–(h)]. Any
individual, community group, State or
other agency may apply for designation
of a geographic area or population group
MUP and/or HPSA, or for a facility
HPSA; the Secretary may also propose
such designations. Such requests are
reviewed both at State and federal
levels, including a 30-day comment
period for Governors, State health
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agency contacts, State Offices of Rural
Health, county or city health officials,
State primary care associations (nonprofit membership organizations
representing federally qualified health
centers and other community-based
providers of primary care), appropriate
medical, dental or other health
professional societies, and heads of any
facilities proposed for HPSA
designation. Efforts are made to
complete action on new designation
requests within 60 days of receipt.
Annually, the Secretary will review
all designations utilizing the proposed
methodology, with emphasis on those
for which updated data have not been
submitted during the previous three
years; this extends to MUA/Ps the
review process previously used for
HPSAs [see § 5.3(d)]. As part of such
reviews, the latest relevant data from
national sources described earlier (for
those previously-designated areas which
the Secretary requires be updated) will
be made available by the Secretary to
the appropriate State entities and others
for review and comment. If no
corrections are provided, the national
data will be used as the Secretary’s basis
for decisions. (The national data for
census-collected variables are not
typically corrected during the
designation process with data from State
and local sources. On the other hand,
State and local data regarding provider
locations and FTEs are often more upto-date and accurate; use of such data in
designation will continue to be
encouraged where readily available.)
An expedited review process is also
proposed for urgent cases [see § 5.3(i)],
allowing designations to be obtained
within 30 days of the date of request
when a practitioner dies, retires, or
leaves an area, thereby causing a sudden
and dramatic increase in the area’s
population-to-clinician ratio. The
number of requests that will be
processed per year on this expedited
basis is limited.
Results of designation reviews will be
provided in writing or electronically to
applicants, State partners, and other
interested parties [see § 5.4]. No less
than annually, complete lists of
designated HPSAs/MUPs will be
published by notice in the Federal
Register that an updated list will be
posted on the HRSA Web site; more
frequent updates will be posted online
continuously, reflecting designation
decisions as they occur. Two tiers will
be identified in published or posted
listings of designated shortage areas. As
discussed previously, the first tier will
include only those areas that meet the
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designation criteria when all relevant
(i.e., active primary care) clinicians in
the area are counted, while the second
tier will include those additional areas
that meet the criteria when certain
Federally-sponsored clinicians are
subtracted.
The regulation also includes a section
[§ 5.5] describing procedures for the
transition from the current designation
system to the new system. These
include a process for resolution of any
overlapping boundaries that may exist
between currently-designated primary
care HPSAs and currently-designated
MUA/Ps at the time the new regulations
go into effect. The new criteria for
designation of MUA/Ps and/or primary
care HPSAs will be phased in over a
period of three years from the date of
publication of the final rule in the
Federal Register, with State input on
the review schedule but with the oldest
MUA/P and primary care HPSA
designations being reviewed first. This
will relieve States, communities and
others from having to provide updated
data on all designations that are more
than three years old during the first year
the new regulations go into effect.
In addition, the regulation includes a
section [§ 5.6] describing how the
‘‘automatic designation’’ provisions of
the Health Care Safety Net Amendments
of 2002, as amended by Public Law
108–163, will be implemented. Briefly,
all FQHC and RHC delivery sites that
are automatically designated will be
listed separately as ‘‘automatic’’ HPSAs
until the area or population group they
serve or the facility achieves designation
under the proposed criteria or until 6
years from the date of their automatic
designation, whichever comes first. Any
FQHC or RHC sites still being carried on
the list of ‘‘automatically’’ designated
sites six years from their date of
automatic designation will then be
required to demonstrate that they meet
the criteria in order to remain on the
list, through the review process outlined
in section § 5.6.
B. General Criteria for Designation of
Geographic Areas as MUAs/Primary
Care HPSAs
The criteria and methodology for
designation of geographic areas as
MUAs and primary care HPSAs are set
out in Subpart B (§ 5.102). In brief, areas
to be designated must first be RSAs for
the delivery of primary care services. As
described earlier, an adjusted
population-to-primary care clinician
ratio is then computed for each such
area, by combining the area’s ‘‘effective
barrier-free’’ population (based on age
and gender utilization patterns) to its
supply of primary care clinicians, with
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adjustments for access barriers through
additive scores for a defined group of
demographic, economic, and health
status variables. When this adjusted
ratio exceeds the designation threshold
of 3000:1, the area is eligible for
designation. Under certain limited
conditions, resources in contiguous
areas must also be taken into
consideration.
C. Rational Service Areas
The proposed rules would continue to
require that each area proposed for
geographic designation be a rational
area for the delivery of primary care
services. A general (or default)
definition of the term ‘‘rational service
area’’ is included [see § 5.103], in terms
of geographic size and cohesiveness,
which relates its size to the accessibility
of primary medical services in the area
within 30 minutes travel time, and its
cohesiveness to topography,
demographic distinctness from
contiguous communities, and/or
established market patterns. Contiguous
RSAs would normally be defined so as
to have a separation of at least 30
minutes travel time from the population
center(s) of one RSA to the population
center(s) of each contiguous RSA, with
exceptions for RSAs within high-density
portions of metropolitan areas that
demonstrate cohesiveness in other
ways.
RSAs may be defined in terms of U.S.
Census Bureau geographic units,
including counties, census tracts,
census divisions, and Zip Code
Tabulation Areas (ZCTAs), as long as
data can be obtained at that level.
However, States are allowed the
flexibility to define their RSAs in terms
of travel time parameters between 20
and 40 minutes, where the final RSA
approach to be used is approved by the
Secretary.
States are encouraged to develop a
State-wide system that subdivides the
territory of the State into RSAs, either
incrementally or all at once, using the
general RSA criteria specified in the
proposed rule or State-specific criteria
developed through the partnership
process just mentioned. Where a State
has developed such a statewide system
of areas, the designation status of a
particular RSA will be determined
through application of the proposed
geographic HPSA/MUA criteria to
current data for the RSA, without regard
to contiguous area resources. Elsewhere,
the contiguous area considerations set
forth in proposed § 5.105 are to be used.
The proposal allows for State and
local input, but is expected to greatly
reduce the level of effort required at the
local and State level. At present, no
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11249
designation takes place without a
specific request being submitted with
the required information, including the
defined service area, the data on
population, physicians, and other
appropriate information. Upon
publication of a final regulation, HRSA
will first score all existing MUAs and
HPSAs using the national databases.
Areas that qualify using those
calculations will be designated as
underserved with no need for input
from the State or local level. The
submission of additional information
will only be required for those areas that
do not qualify based on national data.
HRSA expects that a significant
number of areas will qualify based on
national data alone. For example, there
were 877 whole county and 803
geographic service area HPSAs as of
March 31, 2007. If the majority of these
areas meet the criteria using the national
calculations, 55 percent of the current
designations (excluding the facility
designations) would require no action
on behalf of the State or local agency.
In addition, many areas could be
qualified with the submission of revised
data on providers alone, which is a
much simpler approach than currently
required.
Areas where special population
groups would need to be defined would
continue to require State or local
involvement, though we anticipate the
number of these would decrease as a
result of the inclusion of some of the
need factors directly in the formula
itself.
D. Applying the Designation
Methodology
As mentioned above in section IV.B,
the proposed rules provide that the
Secretary of HHS will determine an
adjusted effective barrier-free
population-to-primary care clinician
ratio for each RSA considered for a
primary care underservice designation.
The specific methodology for this
calculation is set forth in proposed
§ 5.104. Tables IV–1 and IV–6 will be
updated periodically by notice in the
Federal Register that updated data will
be posted on the HRSA web site as the
national utilization data and national
distributions of the variables used in the
method change. (Updating these tables
will not require proposed rulemaking,
since the regulations themselves will
not be changed.) The timeframe for
updates will be determined by the
availability of updated data for the nine
high need indicators. Table IV–7, which
appears in the regulation itself as
Appendix A to Part 5, may also be
recalibrated periodically, but not
necessarily on the same timetable, since
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revising it requires repeating the
regression analysis.
E. Data Definitions
The proposed rules identify the data
elements needed to determine the
effective barrier free population, the
high need indicator score, the final
adjusted population-to-primary care
clinician ratio, and the manner of
calculation of these variables. See
proposed § 5.104(a) to 5.104(c).
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F. Population and Clinician Counts
Although the clinician count
requirements are similar to those for
physicians in the current Part 5, some
important changes have been made.
Foreign (International) medical
graduates who are not citizens or
permanent residents, but entered the
U.S. on J–1 visas and have had their
return-home requirements waived in
return for obligated service, and/or are
here on H visas, are to be counted in
‘‘first tier’’ designation calculations
unless they have restricted licenses;
they are to be excluded from ‘‘second
tier’’ designation counts.
Similarly, clinicians providing
medical services for the NHSC, as SLRP
obligors, or at health facilities funded
under section 330 of the Act are counted
for the first tier and excluded from the
second tier. It should be noted that,
although the proposed rules would
allow NHSC and section 330 health
center practitioners to be excluded from
the practitioner count for second tier
designations, the numbers of these
practitioners already allocated or
funded are included by the Department
in making decisions as to how to
allocate additional NHSC and health
center grant resources.
Also, the current HPSA provision
allowing the discounting of physicians
with restricted practices on a case-bycase basis is proposed to be eliminated
because our experience has been that
this provision is neither useful nor
practical.
G. Non-Physician Primary Care
Clinicians
The significant expansion over the
past decade in the numbers of NPs, PAs,
and CNMs practicing in primary care
settings has made their inclusion in
counts of primary care clinicians
essential to the validity of any revised
designation process, particularly in
those States and areas where they
practice, in effect, as independent
providers of care and particularly given
their role in the RHC program. However,
there has been controversy as to
whether available data permit them to
be counted accurately and how they
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should be weighted relative to primary
care physicians.
There are several related issues
involved. First, significant differences
exist among the States as to the scope
of practice allowed for these clinicians,
including the extent to which they are
allowed to work independently, and
what medical tasks they are legally
allowed to perform. Second, the
national databases currently available
for them have some limitations,
particularly where practice addresses
are concerned. While some States have
accurate data on the number, location
and practice characteristics of these
clinicians, others do not. Finally, for
those States in which non-physician
clinicians can legally provide many of
the same services as primary care
physicians, exactly how they
complement physicians and, therefore,
how they should be weighted relative to
physicians has not been well-defined.
This proposed rule includes these
non-physician clinicians by requiring
that all of them be counted with a
weight of 0.5 relative to primary care
physicians, unless the applicant opts for
weighting based on the scope of practice
in the State involved. (See State option
for weighting described below.) Please
note that the 0.5 relative weighting is
proposed here only for purposes of
estimating primary care clinician counts
for shortage area designation purposes;
it should not be construed as
representing the relative cost or value of
these providers’ services compared to
physician services.
For non-physician clinicians, there
has been a long-standing acceptance of
counting them as less that a full FTE, for
a variety of reasons. In the Bureau of
Primary Health Care, and its
predecessors, which oversees the FQHC
Program, productivity standards and
calculations have used the .5 FTE figure.
In part, this is a way to encourage these
programs to hire non-physician
providers in areas where recruitment is
difficult but there may be some
resistance otherwise to having a mixed
practice model. Its use is also consistent
with productivity standards currently
used by CMS for RHCs and FQHCs,
which are 2100 visits per year for NPs
and PAs as compared with 4200 visits
per year for physicians.
While there is no absolute standard
for estimating the FTE contribution of a
non-physician provider, there are also a
number of studies in the literature that
support an estimate of 0.5:
• An Integrated Requirements Model
(Sekscenski et al., 1999) in 1999 used a
0.5 FTE calculation.
• An article in Health Affairs in 1997
(Hart et al., 1997) of staffing ratios
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indicated patient volume levels for NPs
from 875–1,000 per NP.
Given the lack of data regarding the
impact of adding these providers to the
designation process and the continued
need to encourage the use of the range
of providers who can help meet the
needs of the underserved, we believe
the 0.5 FTE approach is a reasonable
choice for the proposed method.
Data on NPs, PAs and CNMs are
available from national sources (‘‘A
Comparison of Changes in the
Professional Practice of Nurse
Practitioners, Physician Assistants, and
Certified Nurse Midwives: 1992 and
2000’’ The Center for Health Workforce
Studies at the University of Albany,
available online at https://bhpr.hrsa.gov/
healthworkforce/reports/scope/scope1–
2.htm.) These data will be made
available for use as a first
approximation, but States will be
encouraged to provide more accurate
State data, where available.
Some have suggested that different
equivalencies be used in different
States, depending on the degree of
independence allowed by the different
State laws. This option is offered in the
proposed rule. At the applicant’s option,
a maximum weighting factor of 0.8 can
be used together with a State scope of
practice factor between 0.5 and 1.0,
using tables from ‘‘Scope of Practice of
PAs, NPs, and CNMs in the Fifty
States,’’ (Wing et al., 2003). This
document is available at https://
bhpr.hrsa.gov/healthworkforce/reports/
scope/scope1–2.htm
Those Federally-sponsored NPs, PAs,
and CNMs in the NHSC, SLRP, or at
health facilities funded under Section
330 would be counted for Tier 1
designations but excluded for Tier 2
designations, just as done for
physicians.
H. Contiguous Area Considerations
The previous HPSA criteria required
that, when considering any area for
designation, resources located in all
contiguous areas must be shown to be
excessively distant, overutilized, or
otherwise inaccessible to the population
of the area requested for designation.
The approach proposed herein would
eliminate this requirement wherever a
set of RSAs has been developed,
requiring consideration of contiguous
area resources only in States where a
system of RSAs does not exist, or in
those portions of a State where RSAs
have not yet been defined. See § 5.105.
I. Population Group Designations
The inclusion in the proposed
methodology of a number of variables
representing the access barriers and/or
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negative health status experienced by
certain at-risk populations is likely to
decrease the need for specific
population group designations, which
tend to be more difficult procedurally
for both applicants and reviewers.
However, the proposed rules continue
to provide for certain types of
population group designations within
geographic areas which, taken as a
whole, do not meet the criteria for
designation. (See Subpart C.) These
generally build on the criteria for
designating geographic areas, with
several key differences. First, the
proposed rules recognize two specific
additional types of areas as rational
areas for the delivery of primary care
services for specific population groups
(i.e. agricultural areas for migratory and
seasonal agricultural workers;
reservations for Native American
population groups). Second, each
variable is to be calculated based on
data for the population group for which
designation is sought, as nearly as
possible, rather than on the population
of the area as a whole.
The eligible population groups
specifically identified for designation
are: Low income populations (defined to
include all those with incomes below
200% of the poverty level); Medicaideligible populations; linguistically
isolated populations; migrant and
seasonal farmworkers and their families;
homeless populations; residents of
public housing; and Native Americans.
A new category of MUP is recognized,
consisting of those uninsured and
Medicaid-eligible patients who are
served by safety net facilities designated
as primary care HPSAs under Subpart
D. Finally, the category ‘‘other
population groups recommended by
state and local officials’’ is retained,
consistent with the MUP statutory
authority.
The proposed provisions also allow
for HPSA designation of the ‘‘special
medically underserved’’ populations as
defined by section 330 of the PHS Act
(as amended by Pub. L. 104–299), which
are considered already designated as
MUPs. These provisions include a
‘‘simplified’’ designation procedure for
migrant, homeless and Native American
population groups, for use in cases
where the area in which the requested
population group is located has been
defined, data on the number of
individuals in the population group is
provided and the total is found to
exceed 1000, but specific information
on the number of FTE clinicians
accessible to the population group is not
available. In these cases, a populationto-clinician ratio of 3000:1 may be
assumed. Requirements for the statutory
‘‘permissible’’ designation of ‘‘other
population groups recommended by
state and local officials’’ are included.
‘‘Local officials’’ for this purpose are
defined. Such requests must document
the ‘‘unusual local conditions’’ which
are the basis for the request; these must
11251
involve factors not already considered
by the general criteria for designation of
areas and population groups as set forth
in Subparts A and B.
J. ‘‘Facility Designation Method’’:
Designation of Facility Primary Care
HPSAs
The criteria and procedures for
designating facility primary care HPSAs
are set out in proposed Subpart D. The
current criteria for designation of
‘‘public or non-profit private medical
facilities’’ as HPSAs are eliminated and
replaced by new criteria for the
designation of ‘‘safety-net facility’’
primary care HPSAs (see proposed
§ 5.301). These criteria would allow for
HPSA designation of facilities not in
geographic HPSAs designated under
Subpart B, if and when these facilities
qualify as ‘‘safety-net facilities’’ by
virtue of their service to specified
minimum percentages of patients that
are Medicaid-eligible and/or low
income uninsured, as measured by the
number of patients treated under a
sliding fee scale. Eligibility for this type
of designation is limited to FQHCs,
RHCs, or other public or non-profit
private clinical sites providing primary
medical care services on an ambulatory
or outpatient basis. The minimum levels
of service to indigent uninsured and/or
Medicaid-eligibles are described in
proposed § 5.301(b) and shown in Table
V–1 below.
TABLE V–1.—MINIMUM LEVELS OF SERVICE TO INDIGENT UNINSURED AND/OR MEDICAID-ELIGIBLES
Metropolitan areas
Non-Metropolitan areas (except frontier areas)
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At least 10% of all patients are served under a At least 10% of all patients are served under
posted, sliding fee schedule, or for no charge.
a posted, sliding fee schedule, or for no
charge.
At least 40% of all patients are served either At least 30% of all patients are served either
under Medicaid, under a posted sliding fee
under Medicaid, under a posted, sliding fee
schedule, or for no charge.
schedule, or for no charge.
Payment source documentation to
establish initial and ongoing designation
as a facility primary care HPSA will be
as required by the Secretary. This Safety
Net Facility designation would not be
recognized by CMS for RHC
certification.
The criteria and methodology for
designating federal and state
correctional institutions and youth
detention facilities as primary care
HPSAs in § 5.302 are essentially
unchanged from those in the current
Part 5.
dental and mental health HPSAs as
well. The criteria currently in use for
these types of HPSA designations are
contained in Appendices B and C of the
current part 5. No changes to these
appendices are proposed at this time,
but efforts are under way to revise the
criteria for dental shortage areas
(pursuant to Section 302(d)(1) of the
Health Care Safety Net Amendments of
2002) and those for mental health
professional shortage areas. When these
efforts are complete, Appendices B and
C will be revised.
K. Dental and Mental Health HPSAs
Frontier areas
At least 10% of all patients are served under
a posted, sliding fee schedule, or for no
charge.
At least 20% of all patients are served either
under Medicaid, under a posted sliding fee
schedule, or for no charge.
L. Podiatry, Vision Care, Pharmacy And
Veterinary Care HPSAs
The existing HPSA regulations at part
5 also contain, in appendices D, E, F,
and G, criteria for the designation of
vision care, podiatric, pharmacy, and
veterinary care HPSAs. These criteria
were originally developed for use in
connection with student loan repayment
programs for individuals in those health
professions; however, these programs
are no longer authorized or funded.
Consequently, the proposed rule would
abolish these types of designation by
revoking these appendices.
The proposed procedures in Subpart
A would apply to the designation of
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M. Technical and Conforming
Amendments
Minor technical and conforming
amendments to the CHC regulations at
42 CFR Part 51c are proposed. These
amendments refer to Part 5 for
definition of designated medically
underserved populations, and for factors
to be considered in assessing the needs
of populations to be served by grantee
projects. In addition, they amend the
definitions section of the CHC
regulations to include a definition of
‘‘special medically underserved
populations,’’ which refers to language
in the statute as amended by Public Law
104–299. This definition states that such
populations are not required to be
designated pursuant to part 5; this is
consistent with their treatment under
prior legislation. Finally, the
amendments add a provision explicitly
stating that a grantee which was serving
a designated MUA/P at the beginning of
a project period will be assumed to be
serving an MUP for the duration of the
project period, even if that particular
designation is withdrawn during the
project period.
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VI. Impact Analysis
The agency has conducted an
extensive analysis of the national
impact of the proposed new designation
methodology on the designation status
of whole counties, previously-defined
part-county geographic HPSAs and
MUAs, and low-income population
groups, as well as its impact on grantfunded CHCs, NHSC sites, and CMScertified RHCs. This national analysis
was conducted under a HRSA
cooperative agreement with UNC’s Cecil
G. Sheps Center for Health Services
Research, using data from national
sources for all variables. In order to
validate this national analysis, impact
analyses using State data sources were
performed by Regional Health
Workforce Centers and/or PCOs in four
states.
In the actual designation review
process, evaluation of areas’ potential
designation status based on application
of the criteria to national data would
represent only the first step in an
exchange with State and local partners.
However, we believe that the aggregate
results of this impact analysis (in terms
of total numbers of areas designated or
de-designated nationally) represent a
reasonable approximation to the likely
results of the real designation process.
(If anything, these impact estimates may
err on the side of overstating negative
impacts, since local data in support of
designation are more likely to be
received from areas which the national
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data would tend to de-designate than
from areas which they would newly
designate or continue in designation.)
The impact is shown below in a series
of tables describing different types of
impact, each of which enables
comparison of several different
scenarios. In general, the first column of
each table shows baseline numbers
corresponding to actual HPSA and MUA
designations on September 30, 1999; the
second column shows the revised
numbers that would result if these
designations were updated by applying
the criteria now in force to the national
database used in this analysis; the third
column shows the revised numbers that
would result if the methods proposed in
the 1998 NPRM (‘‘NPRM1’’) were
applied; the fourth column shows the
results of applying the criteria proposed
herein (‘‘NPRM2’’ criteria) to geographic
areas only; the fifth column shows the
estimated results of applying NPRM2
low-income population group criteria to
areas not meeting the geographic
criteria; and the final column shows the
estimated combined results of applying
the ‘‘NPRM2’’ criteria first to geographic
areas and then to low-income
population groups in areas not meeting
the geographic criteria.
The first three rows of Tables VI:1–9
provides the breakout of the various
types of HPSA and/or MUA/P
designations, whole county geographic,
partial county geographic, and low
income populations. This breakout
allows an analysis of the impact of the
new method on the different types of
designations if desired. Row 4 then is
total of these three rows and includes
the aggregate numbers that were used in
the impact analysis. Row 5 calculates
the percentage of the original HPSAs/
MUA–Ps that was designated under the
various methodologies using updated
data. For example, in Table VI:1, 949 of
the original 2282 HPSAs tested would
still be designated using the current
method and updated data, which is a
retention rate of 41.6% (Column 3/
Column 2). Row 6 is the number of new
designations that resulted from the
various designation methodologies, i.e.
areas that had not previously been
designated that would become
designated. Row 7 is the total of Rows
5 and 6, capturing the total number of
areas, old and new, that would be
designated under the various options.
Row 8 calculates the percentage of
designated areas as a percentage of the
original baseline number, in order to
measure the impact of the various
methods in terms of degree of change in
the number of areas that would be
designated. For example, under the
updated current method with new data,
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1055 areas would be designated, which
is 46.2% of the baseline number of 2282
(Column 3/Column 2). The same general
process is followed for each of the
columns in the Tables VI:1–V:7. Table
VI:8 and VI:9 follow the same process
for the combined HPSA/MUA–P
designations to assess the impact of
metropolitan/non-metropolitan/frontier
areas and populations, with the
percentages and the actual numbers
now in the same row rather than
separate rows. For example, in Table
VI:8, 49% of the total designations were
retained using the updated current
method; Row 2, Column 2 divided by
Row 2 Column 1 (2188/4447).
A. Impact on Number of HPSA
Designations
As column 1 of table VI–1 shows, in
the baseline year of 1999 there were 832
whole counties, 858 part-county
geographic areas, and 592 low-income
population groups designated as HPSAs
in the United States, for a total of 2282
designations.
Since approximately one quarter of
the HPSAs are updated each year, the
2282 designations considered valid in
1999 represent the results of case-bycase review of requests received over
the 1996–99 period from State and local
sources, and were based on a
combination of national, State and local
data as of 1998 or earlier. Column 2
shows the impact of simultaneously
updating all these designations using
the current HPSA criteria applied to the
Impact Test Data Base assembled by
HRSA and the UNC Sheps Center. [This
data base included 1998 data for
population, income and other census
variables (using Claritas intercensus
estimates); 1998 national primary care
clinician data; and county-level vital
statistics data for the five-year period
1994–98.] The results indicate that only
949 or 42% of the 2282 baseline areas
would retain their designations if
updated under the current criteria.
However, 106 additional counties
would be newly designated, so that the
new total number of HPSAs would be
46% of the original total.
Column 3 of Table VI–1 shows the
impact of applying the HPSA criteria
proposed in ‘‘NPRM1’’, as published in
1998, to the 2282 baseline areas, using
the same Impact Test Data Base of 1998
national data. The results indicate that
only 652 or 29% of the baseline areas
would retain their HPSA designation; 71
counties would be added, for a new
total of 723 HPSAs, 32% of the baseline
total. It is therefore quite
understandable that the public
comments received on NPRM1
expressed concern about potential loss
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of many HPSA designations. At the
same time, it is useful to realize (from
comparing column 3 with column 2)
that 80% of the HPSA designations that
would be lost if the NPRM1 criteria
were adopted would also be lost by
simply simultaneously updating all
areas using the HPSA criteria already in
force.
By contrast, Column 4 of Table VI–1
shows that, when the NPRM2 Tier 1
geographic area criteria are applied,
1660 or 73% of the baseline HPSAs
retain their HPSA designations. An
additional 325 counties are newly
designated, for a new total of 1985
HPSAs, 87% of the baseline total. While
this result does not in itself demonstrate
the superiority of the proposed NPRM2
method, it does indicate that application
of the proposed method would not
result in the loss of many existing HPSA
designations, a major concern of
commenters on the NPRM1 proposal.
TABLE VI–1.—IMPACT OF NPRM–1 AND NPRM–2 METHODS ON NUMBER OF HPSA DESIGNATIONS
Number of
areas
designated
as of 1999
(baseline)
Baseline HPSA status
Number of
areas
designated
by current
criteria/
updated data
Number of
areas
designated
by NPRM1
(meets IPCS &
HPSA)
(*)
Number of
areas
designated
by NPRM2geographic
method
Number of
population
groups
additionally
designated
using NPRM2
low income
pop group
method
Total number
of areas and
pop groups
designated
using NPRM2geographic
and low income pop
group method
Whole County Geographic HPSA ............
Part County Geographic HPSA ...............
Low Income Population HPSA ................
832
858
592
372
473
104
243
332
77
694
681
285
114
139
190
808
820
475
Subtotal: Number of Baseline HPSA
Designations Retained ..................
2,282
949
652
1,660
443
2,103
Percent of Baseline Designations Retained ....................................................
........................
41.6%
28.6%
72.7%
19.4%
92.2%
New Designations (1,197 Counties had
no Baseline HPSA Designation) ..........
........................
106
71
325
452
777
Total Number of HPSA Designations
2,282
1,055
723
1,985
895
2,880
Total HPSAs as a Percent of Baseline .................................................
........................
46.2%
31.7%
87.0%
39.2%
126.2%
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*For NPRM1, 4 areas are not included because of missing data.
We also estimated the results of
applying the NPRM2 Tier 1 low-income
population group designation criteria to
those baseline HPSA areas and counties
that do not meet the NPRM2 geographic
criteria. Column 5 shows the number of
low-income population group HPSAs
that would result; they include 253 in
areas previously designated as
geographic HPSAs, 190 previous HPSA
population groups retained, and 452
potential new low-income population
group HPSAs in counties not previously
HPSA-designated.
Column 6 shows the combined result
of applying NPRM2 Tier 1 geographic
and low-income population group
criteria: 2103 or 92% of areas with
baseline HPSA designations would keep
either a geographic or a low-income
population group designation if the
NPRM2 criteria were applied, while 777
additional geographical areas or lowincome population groups could
potentially be designated. While this
last number may seem large, this may be
related to the fact that all areas
designated with the NPRM2 approach
are both HPSAs and MUAs. Under the
previous criteria there were
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considerably more MUAs than HPSAs.
Therefore, in a new system with
combined criteria, even if the total
number of areas designated (as either
MUAs or HPSAs) were to remain
approximately the same as before, one
could expect the number of HPSAs to
increase.
B. Impact on Number of MUA/P
Designations
As column 1 of table VI–2 shows, in
the baseline year of 1999 there were
1411 whole counties, 1909 part-county
geographic areas, and 138 low-income
population groups designated as MUA/
Ps in the United States, for a total of
3458 designations.
Unlike the case with HPSAs, regular
reviews and updates to the list of MUA/
Ps are not legislatively required, and no
major review/update has occurred since
1982; rather, additions and deletions
have been made upon request
(requested deletions have been
infrequent). Therefore, the 3458 MUA/P
designations considered valid in 1999
include many not updated since 1982,
plus the results of case-by-case review
of requests received over the 1982–99
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period from State and local sources.
Column 2 shows the impact of
simultaneously updating all these
designations using the current MUA
criteria applied to the Impact Test Data
Base discussed above (assembled by
HRSA and the UNC Sheps Center from
1998 data). The results are that only
1312 or 38% of these areas would retain
their MUA designations. At the same
time, 28 additional counties would be
newly designated, so that the new total
number of MUAs would be 39% of the
baseline total. Thus, using the current
methodology to update the MUA list
would result in more change for MUAs
than for HPSAs.
Column 3 of Table VI–2 shows the
results of applying the MUA criteria
proposed in ‘‘NPRM1’’, as published in
1998, to the same 3458 areas, using the
same Impact Test Data Base of 1998
national data. Here 2405, or 70% of the
baseline areas, would retain their MUA
designation; 143 counties would be
added, for a new total of 2548 MUAs,
74% of the baseline total. So the method
proposed in NPRM1 would not have
decreased existing MUA designations,
in contrast to the effect it would have
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had on HPSAs. And it would have
performed significantly better than the
option of updating using current criteria
in terms of retention of MUA
designations.
Column 4 of Table VI–2 shows that,
when the NPRM2 Tier 1 geographic area
criteria are applied, 2319 or 67% of the
baseline MUAs retain their MUA
designations. An additional 168
counties are newly designated, for a
new total of 2487 MUAs, 72% of the
original total.
TABLE VI–2.—IMPACT OF NPRM–1 AND NPRM–2 METHODS ON NUMBER OF MUA/P DESIGNATIONS
Total number
of areas and
pop groups
designated
using
NPRM2–geographic and
low income
pop group
method
Baseline MUA/P status
Number of
areas designated as of
1999 (baseline)
Number of
areas designated by
current criteria/updated
data (*)
Number of
areas designated by
NPRM1
(meets IPCS)
(**)
Number of
areas
deisgnated
by NPRM2–
geographic
method
Estimated
number of
pop groups
designated
using
NPRM2–low
income pop
group method
Whole County Geographic MUA ............................
Part County Geographic MUA ...............................
Low Income Population MUP .................................
1,411 ...........
1,909 ...........
138 ..............
499 ..............
795 ..............
18 ................
1,067 ...........
1,286 ...........
52 ................
1,031 ...........
1,233 ...........
55 ................
319 ..............
347 ..............
33 ................
1,350
1,580
88
Subtotal: Number of Baseline MUA/P Designations Retained.
3,458 ...........
1,312 ...........
2,405 ...........
2,319 ...........
699 ..............
3,018
Percent of Baseline Designations Retained ..........
New Designations (674 Counties had no Baseline
MUA/P Designation).
.....................
.....................
37.9% ..........
28 ................
69.5% ..........
143 ..............
67.1% ..........
168 ..............
20.2% ..........
219 ..............
87.3%
387
Total Number of MUA/P Designations ............
3,458 ...........
1,340 ...........
2,548 ...........
2,487 ...........
918 ..............
3,405
Total MUA/Ps as a Percent of Baseline .........
.....................
38.8% ..........
73.7% ..........
71.9% ..........
26.5% ..........
98.5%
* For Current Criteria, Updated Data, 327 areas are not included because of missing data.
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We also estimated the results of
applying the NPRM2 Tier 1 low-income
population group designation criteria to
those baseline MUAs and other counties
that do not meet the NPRM2 geographic
criteria. Column 5 of Table VI–2 shows
the number of low-income MUPs that
would result; they include 666 in areas
previously designated as geographic
MUAs, 33 previous low-income MUPs
retained, and 219 potential new lowincome MUPs in counties not
previously MUA/P-designated.
Column 6 shows the combined result
of applying NPRM2 Tier 1 geographic
and low-income population group
criteria: 3018 or 87% of areas with
baseline MUA/P designations would
keep either a geographic or a lowincome population group designation if
the NPRM2 criteria were applied, while
387 additional geographical areas or
low-income population groups could
potentially be designated, for a total of
3405 MUA/P designations, 98% of the
baseline number.
C. Impact on Number of Unduplicated
HPSA/MUP Designations
Areas and population groups
designated under the criteria proposed
herein would be considered both MUA/
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Ps and HPSAs. Therefore, it is important
to examine not only the impact on
HPSA and MUA/P designations
separately, but also the combined
impact on unduplicated HPSA and
MUA/P designations. This is shown in
Table VI–3. As column 1 shows, 1610
whole counties were designated either
as MUAs or HPSAs or both in 1999;
2350 additional part-county areas were
geographically designated as MUAs
and/or as HPSAs; and 487 low-income
population groups in other areas were
designated as MUPs and/or population
group HPSAs, for a total of 4447
unduplicated baseline designations (as
compared with the baseline HPSA total
of 2282 and the baseline MUA/P total of
3458). We have characterized this
combined group of basis areas as the
‘‘any designation’’ layer of areas.
Column 2 of Table VI–3 shows the
impact on unduplicated number of
designations of updating using the
current HPSA/MUA/P criteria (against
the 1998 database described above).
2170 or 48.8% of the baseline areas
would retain designation; 18 additional
counties would achieve designation, so
that the new total of 2188 areas would
be 49.2% of the baseline total.
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Column 3 shows the impact of
applying the previously-published
NPRM1 criteria to the unduplicated
baseline areas. Here 2994 or 67% of the
baseline areas would retain their
designation; with 42 new designations,
a total of 3036 unduplicated
designations would result, or 68% of the
baseline number. This is compared to
the 50% loss associated with updating
under current criteria, but application of
the NPRM1 criteria would still have
decreased (nearly 1⁄3) of unduplicated
designations.
Column 4 shows the impact of
applying the proposed NPRM2
geographic criteria to the unduplicated
baseline areas. Here a total of 2962 areas
are geographically designated, or 67% of
the baseline areas, roughly the same as
the NPRM1 impact. However, when the
estimated NPRM2 low-income
population group adjustment is applied
and added, we get the considerably
more favorable combined result shown
in Column 5: A total of 3882
designations (or 87% of the
unduplicated baseline) are retained by
the NPRM2 method, while 168 new
designations are added, for a total of
4050 designations or 91% of the
baseline.
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TABLE VI–3.—IMPACT ON NUMBER OF COMBINED HPSA/MUA DESIGNATIONS
Number of areas designated
Baseline HPSA and MUA/P status
By curent criteria/updated
data
As of 1999
(baseline)
By NPRM1
(meets IPCS
threshold)
By NPRM2
geographic
method
Total using
NPRM2 geographic and
low income
adjustment (2
step) method
Designated as Geog or Low Income Population HPSA or
MUA/P as of 1999 (Old):
Whole County Geog HPSA or MUA .............................
Part County Geog HPSA or MUA ................................
Low Income Population HPSA or MUP ........................
1,610
2,350
487
734
1,351
85
1,177
1,607
210
1,163
1,571
177
1,536
2,003
343
Subtotal: Areas Designated (of 1999 Designated
Areas) .................................................................
4,447
2,170
48.8%
2,994
67.3%
2,911
65.5%
3,882
87.3%
New Designations (not Designated 1999) ...........................
........................
18
42
51
168
Total: Areas Designated (of 1999 Designated and
Undesignated Areas) .........................................
4,447
2,188
49.2%
3,036
68.3%
2,962
66.6%
4,050
91.1%
(Note: Tables VI–1 and VI–2 show that 777
new HPSA designations and 387 new MUA/
P designations result when the proposed
NPRM2 criteria are applied separately to
baseline HPSAs plus other counties and to
baseline MUAs plus other counties. By
contrast, when the unduplicated set of
baseline areas are used in Table VI–3, we
find only 168 new designations that were not
either HPSAs or MUAs previously. Also,
while Tables 1 and 2 show the total numbers
of Tier 1 HPSAs and MUA/Ps under NPRM2
to be 126% and 98% of their baselines,
respectively, Table 3 shows that the total
unduplicated designations under NPRM2
Tier 1 are only 91% of the unduplicated
baseline. From here on, impact analysis
results are displayed in terms of the
unduplicated baseline areas.)
D. Impact on Population of all
Designated HPSAs and/or MUPs
While the number and percent of
designations retained and the new total
number of designations under
alternative methods are important
measures of the impact of a change in
criteria, these measures can also be
misleading, since all areas are not equal;
different areas have different
populations, different levels of need,
and different numbers of safety net
providers. Using 1998 Claritas
population estimates, the total
population of all 1999-designated
(baseline) HPSAs was 59.1 million,
while the total population of baseline
MUA/Ps was 72.1 million; the
unduplicated total population of
baseline areas designated as HPSAs
and/or MUA/Ps was 95.3 million.
Table VI–4 shows the impact of the
various alternatives on this
unduplicated total designated
population. Updating using the current
criteria against the 1998 Impact Test
Database would lower the total
designated population to 32.7 million,
or 34% of the baseline. Use of the
NPRM2 geographic criteria would result
in a total designated population of 53.0
million, or 56% of the baseline. Finally,
use of the NPRM2 method would result
in a total designated population of 83.1
million, or 87% of the baseline. (This is
actually quite close to the percentage
expressed in number of designations,
which was 91%.)
TABLE VI–4.—IMPACT ON UNDUPLICATED POPULATION OF HPSAS AND MUA/PS
Population in areas
Baseline HPSA and MUA/P Status
By current criteria/updated
data
As of 1999
(Baseline)
By NPRM2
geographic
method
[A]
By NPRM2
low income
adjustment (2
step) method
[B](*)
Total using
NPRM2 geographic and
low income
adjustment (2
step) method
[A+B]
mstockstill on PROD1PC66 with PROPOSALS3
Designated as Geog or Low Income Population HPSA or
MUA/P as of 1999 (Old):
Whole County Geog HPSA or MUA .............................
Part County Geog HPSA or MUA ................................
Low Income Population HPSA or MUP (*) ...................
38,400,153
37,747,979
19,132,742
12,044,723
17,986,210
2,199,545
23,080,444
24,044,227
4,692,078
11,501,134
8,308,592
6,352,471
34,581,578
32,352,819
11,044,549
Subtotal: Population in Areas Designated (of
1999 Designated Areas) ....................................
95,280,874
32,230,478
51,816,749
26,162,197
77,978,946
Subtotal: Share of Population in Areas Designated in 1999
........................
33.8%
54.4%
27.5%
81.8%
Not Designated as Geog or Low Income Population HPSA
or MUA/P as of 1999 (New):
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TABLE VI–4.—IMPACT ON UNDUPLICATED POPULATION OF HPSAS AND MUA/PS—Continued
Population in areas
Baseline HPSA and MUA/P Status
By current criteria/updated
data
As of 1999
(Baseline)
New Designations [28,490,624] Population in Areas
without Baseline Designation) ...................................
By NPRM2
low income
adjustment (2
step) method
[B](*)
By NPRM2
geographic
method
[A]
Total using
NPRM2 geographic and
low income
adjustment (2
step) method
[A+B]
481,198
1,111,149
4,057,976
5,169,125
Total: Population Areas Designated (of 1999
Designated and Undesignated Areas) ...............
95,280,874
32,711,676
52,927,898
30,220,173
83,148,071
Total: Share of Population in Areas Designated in 1999 ....
........................
34.3%
55.5%
31.7%
87.3%
* Though these designations are associated with Low Income Population, the population counts provided here are for all residents of the area
[Total Population].
The results in Table VI–4 suggest that
use of the NPRM2 method will better
target designations—both the number
and population of all designated areas
will decrease by about 10%. At the same
time, the NPRM2 method should result
in a much smoother transition from
current designation levels than would
either updating using current criteria
(which would significantly decrease
MUAs) or updating using NPRM1
(which would significantly decrease
HPSAs).
E. Impact on Number of CHCs Covered
by Designations
Table VI–5 shows, for those CHC sites
identified as located in areas which
were designated in the baseline year, the
percentage that retain their designations
under the various scenarios. Under the
proposed method, 86% would be in
areas that retain designation (either as a
geographic area or as a low income
population group-see fourth line of
table, last column). By contrast, the
NPRM1 method would have retained
only 76%, while updating the
designations under current criteria
would have retained only 43%.
TABLE VI–5.—IMPACT ON NUMBER OF CHCS COVERED BY DESIGNATIONS
Number of CHCs in areas
Baseline HPSA and MUA/P Status
By current criteria/updated
data
As of 1999
(Baseline)
Designated as Geog or Low Income Population HPSA or
MUA/P as of 1999 (Old):
Whole County Geog HPSA or MUA .............................
Part County Geog HPSA or MUA ................................
Low Income Population HPSA or MUP (*) ...................
Subtotal: CHCs in Designated Areas (% of 1999 CHCs) ...
Not Designated as Geog or Low Income Population HPSA
or MUA/P as of 1999 (New) New Designations (43
CHCs without Baseline Designation) ...............................
Total: CHCs in Designated Areas (% of 1999 CHCs)
By NPRM1
(meets IPCS
threshold)
Total using
NPRM2 geographic and
low income
adjustment (2
step) method
By NPRM2
geographic
method
618
741
122
252
354
31
474
583
61
456
453
51
583
629
93
1,481
........................
637
43%
1,118
75.5%
960
64.8%
1,305
88.1%
........................
2
7
4
10
1,481
........................
639
43.1
1,125
75.9%
964
62.1
1,315
88.8
* The number of CHCs is based on the number of FQHC, Community Health Center sites which offer a full range of primary care services and
where the designation is based on area characteristics or low income. Most part-time, special population and satellite clinics are excluded.
mstockstill on PROD1PC66 with PROPOSALS3
F. Impact on Number of NHSC Sites
Covered by Designations
Table VI–6 shows, for those NHSC
sites identified as located in areas which
were designated in the baseline year, the
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percentage that retain their designations
under the various scenarios. Under the
proposed method, 86% would be in
areas that retain designation (either as a
geographic area or as a low income
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population group—see fifth line of table,
last column). By contrast, updating the
designations using current criteria
would have retained only 34%.
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TABLE VI–6.—IMPACT ON NUMBER OF NHSC SITES COVERED BY DESIGNATIONS
Number of areas with NHSCs designation
Baseline HPSA and MUA/P status
By current criteria/updated
data
As of 1999
(Baseline)
By NPRM2
low income
adjustment (2
step) method
[B]
By NPRM2
geographic
method
[A]
Total using
NPRM2 geographic and
low income
adjustment (2
step) method
[A+B]
Designated as Geog or Low Income:
Whole County Geog HPSA or MUA .............................
Population HPSA or MUA/P as of 1999 (Old):
Part County Geog HPSA or MUA ................................
Low Income Population HPSA or MUA/P ....................
340
123
218
97
315
414
178
172
19
245
52
119
72
364
124
Subtotal: NHSC Areas Designated (of 1999 Designated Areas) ....................................................
932
314
515
288
803
Subtotal: Share of NHSC Areas Designated in 1999 .........
33.7%
55.3%
30.9%
86.2%
Designated as Geog or Low Income Population HPSA or
MUA/P as of 1999 (New):
New Designations (15 Areas with NHSCs without
Baseline Designation) ...............................................
0
0
4
4
314
515
292
807
33.7%
55.3%
31.3%
86.6%
Total: NHSC Areas Designated (of 1999 Designated and Undesignated Areas) .....................
932
Total: Share of NHSC in Areas Designated in 1999 ...........
G. Impact on Number of RHCs Covered
by Designations
Table VI–7 shows, for those RHC sites
identified as located in areas which
were designated in the baseline year, the
percentage that retain their designations
under the various scenarios. Under the
proposed method, 94% of RHCS in
currently designated areas would be in
areas that retain designation (either as a
geographic area or as a low income
population group—see fifth line of table,
last column). An additional 94 RHCs
that were not in designated areas at the
time of testing would be in areas
designated under the new methodology,
resulting in 97.5% of RHCs being
located in designated areas. By contrast,
updating under current criteria would
have retained 46%.
TABLE VI–7.—IMPACT ON NUMBER OF RHCS COVERED BY DESIGNATIONS
Number of RHCs in areas designated
Baseline HPSA and MUA/P status
By current criteria/updated
data
As of 1999
(Baseline)
By NPRM2
geographic
method
[A]
By NPRM2
low income
adjustment (2
step) method
[B]
Total Using
NPRM2 geographic and
low income
adjustment (2
step) method
[A+B]
2,173
544
125
946
336
24
1,503
393
43
569
127
42
2,072
520
85
Subtotal: RHCs Designated (of 1999 Designated
Areas) .................................................................
2,842
1,306
1,939
738
2,677
Subtotal: Share of RHCs Designated in 1999 .....................
mstockstill on PROD1PC66 with PROPOSALS3
Designated as Geog or Low Income Population HPSA or
MUA/P as of 1999 (Old):
Whole County Geog HPSA or MUA .............................
Part County Geog HPSA or MUA ................................
Low Income Population HPSA or MUA/P ....................
46.0%
68.2%
26.0%
94.2%
Designated as Geog or Low Income Population HPSA or
MUA/P as of 1999 (New):
New Designations (120 RHCs in Areas without Baseline Designation) .......................................................
11
28
66
94
1,317
1,967
804
2,771
46.3%
69.2%
28.3%
97.5%
Total: RHCs Designated (of 1999 Designated and
Undesignated Areas) .........................................
2,842
Total: Share of RHCs Designated in 1999 ..........................
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H. Impact on Distribution of
Designations by Metropolitan/NonMetropolitan and Frontier Status
Table VI–8 enables comparison of the
impact on number of designated areas in
metropolitan, non-metropolitan, and
frontier areas. (Here metropolitan areas
are those so designated by the Office of
Management and Budget; nonmetropolitan areas are all other areas.
Frontier areas are generally defined as
the subset of non-metropolitan areas
with population densities less than 7
persons per square mile, but for the
purpose of these impact tests a file of
frontier areas was used that was
provided by the Frontier Education
Center and involved a more expansive
definition of frontier areas that included
a formula based on population density
and isolation [time and distance from a
market area as well as other factors]).
Table VI–8 (last column) shows that,
while 91% of all baseline designations
are retained under the proposed
method, 82% of those in metropolitan
areas, 98% of those in non-metropolitan
areas, and 99% of those in frontier areas
are retained. Therefore, nonmetropolitan and frontier areas are not
more negatively impacted than
metropolitan areas (contrary to the
impression many commentors seemed
to have of the NPRM1 method).
TABLE VI–8.—IMPACT ON DISTRIBUTION OF DESIGNATIONS BY MET/NON-MET/FRONTIER
Current criteria
updated
Baseline
Total No. of Designations ....................................................
Metropolitan .........................................................................
Non-Metro ............................................................................
Frontier .................................................................................
I. Impact on Distribution of Population
of Underserved Area and Underserved
Populations by Metropolitan/NonMetropolitan and Frontier Status
Table VI–9 enables comparison of the
impact on the population of
underserved areas and underserved
populations in metropolitan, nonmetropolitan, and frontier areas. Table
VI–9 (last column) shows that, while the
total designated population under the
proposed method would be 87% of the
baseline designated population, the
metropolitan component of this NPRM2
4,447
1,880
2,567
1,026
2,188
861
1,327
544
(49%)
(46%)
(52%)
(53%)
designated population is 81% of the
baseline metropolitan underserved, the
non-metropolitan component is 99% of
the baseline non-metropolitan
underserved, and the frontier
component is 102% of the baseline
frontier underserved. Therefore, the
designated population of nonmetropolitan and frontier areas would
not decrease. The metropolitan
population identified as underserved
would appear to decrease, however. We
expect this represents better targeting of
the metropolitan underserved under the
proposed method: It may also represent
NPRM1
3,036
1,223
1,813
800
NPRM2 Geog
(68%)
(65%)
(71%)
(78%)
2,962
1,112
1,850
751
(67%)
(59%)
(72%)
(73%)
NPRM2 Geog
+ Low-income
pop
4,050
1,532
2,518
1,014
(91%)
(82%)
(98%)
(99%)
the fact that use of a national physician
database together with gross estimates of
the percent of urban practices devoted
to low-income and uninsured
populations leads to overestimates of
the number of FTE clinicians and
underestimates of the number of
designations and the underserved
population in metropolitan areas. This
suggests that case-by-case activity will
continue to be necessary in reviewing
some urban designations, while many
non-metropolitan designations will be
able to be processed using national data
together with the new method.
TABLE VI–9.—IMPACT ON POPULATION OF UNDERSERVED AREAS BY MET/NON-MET/FRONTIER
Current criteria updated
Baseline
Total Underserved ...........................................
Metropolitan Underserved ...............................
Non-Metro Underserved ..................................
Frontier Underserved .......................................
J. Impact of Practitioner ‘‘Back-outs’’ on
Number of Designations and Safety-Net
Providers
mstockstill on PROD1PC66 with PROPOSALS3
The tables above represent the
impacts when all clinicians are counted,
i.e. the ‘‘Tier 1’’ designations. The tables
below describe the impact of subtracting
federally placed, obligated or funded
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95,280,874
63,791,345
31,489,529
8,328,049
32,711,676
21,044,647
11,667,029
3,396,268
(34%)
(33%)
(37%)
(41%)
clinicians from the practitioner counts,
i.e. the changes that occur when ‘‘Tier
2’’ designations are included. For
example, Table VI–10 shows the effect
on number of designations. Column 1
shows the number of baseline
designations; column 2 shows the
number of Tier 1 designations under the
proposed method. Column 3 shows the
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NPRM2 Geog
52,927,898
31,951,255
20,976,643
5,784,509
(56%)
(50%)
(67%)
(70%)
NPRM2 Geog + Lowincome pop
83,148,071 (87%)
51,804,251 (81%)
31,343,820 (99%)
8,528,643 (102%)
new total of designations if NHSC and
SLRP clinicians are subtracted. Column
4 shows the revised total if physicians
with J–1 visa return-home waivers who
are performing obligated service are also
subtracted. Finally, column 5 shows the
total number of designations when any
other CHC-Based clinicians are also
subtracted.
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TABLE VI–10.—IMPACT OF PRACTITIONER ‘‘BACK-OUTS’’ ON TOTAL NUMBER OF HPSA OR MUA/P AREAS DESIGNATED
Number of areas designated
Baseline HPSA and MUA/P status
By NPRM2
geographic
and 2 step low
income method Tier 1
(all primary
care providers)
As of 1999
(baseline)
By NPRM2
geographic
and 2 step low
income method Tier 2–1
(Tier 1 less
NHSC and
SLRP providers)
By NPRM2
geographic
and 2 step low
income method Tier 2–2
(Tier 1 less
NHSC, SLRP,
and J–1 providers)
By NPRM2
geographic
and 2 step low
income method Tier 2–3
(Tier 1 less
NHSC, SLRP,
J–1, and any
designation)
Designated as Geog or Low Income Population HPSA or
MUA/P as of 1999 (Old):
Whole County Geog HPSA or MUA .............................
Part County Geog HPSA or MUA ................................
Low Income Population HPSA or MUP ........................
1,610
2,350
487
1,536
2,003
343
1,546
2,010
346
1,551
2,015
350
1,553
2,038
356
Subtotal: Areas Designated (of 1999 Designated
Areas) .................................................................
4,447
3,882
3,902
3,916
3,947
Subtotal: Share of Areas Designated in 1999 .....................
........................
87.3%
87.7%
88.1%
88.8%
Designated as Geog or Low Income Population HPSA or
MUA/P as of 1999 (New):
New Designations (376 Areas Designated as HPSA
or MUA without Baseline Designation) .....................
........................
168
168
168
172
Total: Areas Designated (of 1999 Designated and
Undesignated Areas) .........................................
4,447
4,050
4,070
4,084
4,119
Total: Share of Areas Designated in 1999 ..........................
........................
91.1%
91.5%
91.8%
92.6%
As can be seen, the number of
additional designations resulting from
these practitioner back-outs is quite
small. However, HRSA considered that
there could be a significant impact on
some particular safety-net projects, i.e.
certain CHCs, NHSC sites, and RHCs.
Table VI–11 summarizes the impact
on CHCs, NHSC sites, and RHCs. It
indicates that 49 additional CHCs, 32
additional NHSC sites, and 43
additional RHCs are in areas which
would receive Tier 2 designation
(change from Column 2 to Column 5).
While this is not a large number, it
clearly would be important for the
affected sites. HRSA therefore
concluded that the Tier 2 designations
(with all three types of backouts) should
be implemented.
TABLE VI–11.—IMPACT OF PRACTITIONER BACK-OUTS ON NUMBERS OF CHCS, NHSC SITES, AND RHCS COVERED BY
DESIGNATIONS
Number in
NPRM2designated tier
1 areas
(All primary
care clinicians
counted)
CHCs ....................................................................................
(% of baseline CHCs) ..........................................................
NHSC sites ..........................................................................
(% of baseline NHSC sites) .................................................
RHCs ....................................................................................
(% of baseline RHCs) ..........................................................
mstockstill on PROD1PC66 with PROPOSALS3
Type of safety-net provider
Number in
baseline
designated
areas
Number in
NPRM2designated tier
1/tier 2–1
areas
(NHSC and
SLRP clinicians subtracted)
Number in
NPRM2designated tier
1/tier 2–2
areas
(NHSC, SLRP
and J–1 clinicians subtracted)
Number in
NPRM2designated tier
1/tier 2–3
areas
(NHSC, SLRP,
J–1, and other
section 330
funded clinicians subtracted)
1,315
(88.8%)
807
(86.6%)
2,771
(97.5%)
1,322
(89.3%)
825
(88.5%)
2,790
(98.2%)
1,328
(89.7%)
828
(88.8%)
2,794
(98.3%)
1,364
(92.1%)
839
(90.0%)
2,814
(99.0%)
1,481
........................
932
........................
2,842
........................
In conclusion, it should be stated that
it is impossible to predict the exact final
impact on specific communities and
States because of the iterative process
built into the system. As described
above, State and local officials will have
the opportunity to examine the data
used to develop these first
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approximations during the actual
designation process, and to correct
inaccurate provider and other data. In
addition, they will have the opportunity
to reconfigure service areas so as to
more closely identify the boundaries of
areas where shortages now exist, which
may have changed since some of these
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service areas were constructed
(particularly the MUAs). We believe this
is a major strength of the proposal, since
States and communities know best their
service areas and practitioner supplies.
At the same time, it makes it difficult to
predict precisely the impact of the new
method at the local level, since the data
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used will be altered by State and local
input.
VII. Economic Impact
Executive Order 12866 requires that
all regulations reflect consideration of
alternatives, costs, benefits, incentives,
equity, and available information.
Regulations must meet certain
standards, such as avoiding unnecessary
burden. Regulations which are found to
be ‘‘significant’’ because of their cost,
adverse effects on the economy,
inconsistency with other agency actions,
budgetary impact, or raising of novel
legal or policy issues require special
analysis. The Department has
determined that this rule will not have
an annual effect on the economy of $100
million or more. However, because this
rule raises novel policy issues, it does
meet the definition of a ‘‘significant’’
rule under Executive Order 12866.
The Regulatory Flexibility Act
requires that agencies analyze regulatory
proposals to determine whether they
create a significant economic impact on
a substantial number of small entities.
‘‘Small entity’’ is defined in the
Regulatory Flexibility Act as ‘‘having
the same meaning as the terms ‘small
business,’ ‘small organization,’ and
‘small governmental jurisdiction’ ‘‘;
‘‘Small organizations’’ are defined in the
Regulatory Flexibility Act as not-forprofit enterprises which are
independently owned and operated and
not dominant in their field.
The small organizations most relevant
to this regulation would be Health
Center grantees. The impact analyses
discussed above suggest that very few
health center service areas would lose
MUA/P designation under the proposed
criteria. In addition, because of the
proposed new safety net facility type of
designation, any negatively affected
health center will be able to submit a
request for this alternate type of
designation. Moreover, the ‘‘automatic’’
designation of all FQHCs as HPSAs for
six years under the Safety Net
Amendments of 2002 will allow
additional time for any transition to
unfunded status that may prove to be
necessary for some health centers.
With regard to small businesses,
while the designation process may
negatively affect some small profitmaking health care-related businesses, it
is unlikely that it could have a
significant economic impact, defined as
five percent or more of total revenues on
three percent or more of all such small
businesses. Physician practices can
obtain a 10 percent Medicare Incentive
Payment bonus for those services
delivered in geographic HPSAs;
however, this would be unlikely to
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amount to five percent of the total
revenues of a practice operated as a
small business.
Private RHCs could be considered
small businesses; non-profit RHCs could
be considered small organizations.
RHCs already certified based in part on
an MUA or HPSA designation have not
been adversely affected by loss of such
designations in the past, since the
legislative authority for them had a
‘‘grandfather’’ clause; once certified, the
RHC certification could not be
withdrawn based only on loss of
designation. However, the Balanced
Budget Act of 1997 provided that,
effective January 1, 1999, an RHC in an
area that has lost designation or was
designated over 3 years ago is subject to
loss of its RHC certification, unless the
Secretary determines that the RHC is
essential to the delivery of primary care
services in its area. The impact analysis
shows only 2% of the non-metro
designations will be lost under the
proposed new method, so the likely
impact is minimal. Therefore,
implementation of these regulations will
not automatically decertify any RHCs.
‘‘Small governmental jurisdictions’’
are defined by the Regulatory Flexibility
Act to include governments of those
cities, counties, towns, townships,
villages, or districts with a population of
less than 50,000. Typically, one can
expect that such jurisdictions will be
found in non-metropolitan areas. Our
impact analysis indicated that only 2
percent of all designations in nonmetropolitan areas are likely to lose a
designation (see Table VI–8 above). This
suggests that a substantial number of
small government jurisdictions will not
be affected. Furthermore, it is unlikely
that the economic impact on any such
affected jurisdictions would be
significant, i.e. that they would lose
more than 5 percent of their federal
funding, as discussed in more detail
below.
The impact on particular jurisdictions
of loss of designation can take one or
more of three forms: Loss of grant
funding for primary care services, loss
of a source of clinicians to provide
primary care services, or loss of a more
favorable level of Medicaid and/or
Medicare reimbursement. The first of
these types of impact would occur only
in the case of a Health Center which has
lost its area and/or population
designation, and does not qualify for
designation as a safety net site.
Typically, grant funding forms
approximately 25–30 percent of the
income to a CHC; it is possible that such
a health center would be able to
continue in operation without this
revenue. Moreover, dedesignation could
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indicate that not only provider
availability but also the income of the
area’s population had increased. As a
result, the percentage impact on the
economy of the area involved would
likely be relatively low.
The second of these types of impact
corresponds to an area which, due to
loss of its HPSA designation, is no
longer eligible for NHSC clinicians,
once the tour of duty of any NHSC
personnel already placed there is
completed. If such an area has recently
been dedesignated, logically there must
have been an increase in the number of
primary care providers in the area and/
or a decreased population and/or
improved demographics, so that loss of
NHSC clinicians will be unlikely to
have a major economic effect on the
area. (Furthermore, the ‘‘automatic’’
HPSA designation of FQHCs and RHCs
should mitigate any adverse effects here
during the next several years.)
The third type of impact applies in
the case of FQHCs and/or RHCs which
lose eligibility for special
reimbursement methods, and private
physicians in former geographic HPSAs
which lose the 10 percent Medicare
bonus. None of these entities would
actually cease receiving Medicare or
Medicaid reimbursement; they simply
would receive a lower level of
reimbursement. In the latter case, it is a
loss of 10 percent, but it is unlikely that
it would amount to 5 percent of the
physician’s total revenue. In the FQHC/
RHC case, there could be a 20–30
percent decrease in reimbursement to
the provider in question, but again this
would not necessarily be a major
economic loss to the county or other
jurisdiction as a whole.
It should also be noted that, to the
extent that the proposed regulation
ultimately results in some areas losing
designation while others gain
designation, and some areas therefore
losing program benefits which go to
designated areas while others gain such
benefits, the total benefits available in a
particular fiscal year will not decrease
but will have been better targeted to the
neediest areas, because the criteria will
have been improved and will have been
applied to more current data.
The Department nevertheless requests
comments on whether there are any
aspects of this proposed rule which can
be improved to make the designation
process proposed more effective, more
equitable, or less costly.
VII. Information Collection
Requirements Under Paperwork
Reduction Act of 1995
Sections 5.3 and 5.5 of the proposed
rule contain information collection
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requirements as defined under the
Paperwork Reduction Act of 1995 and
implementing regulations. As required,
the Department of Health and Human
Services is submitting a request for
approval of these information collection
provisions to OMB for review. These
collection provisions are summarized
below, together with a brief description
of the need for the information and its
proposed use, and an estimate of the
burden that will result.
Title: Information for use in
designation of MUA/Ps and HPSAs.
Summary of Collection: These
regulations revise existing criteria and
processes used for designation of
Medically Underserved Areas/
Populations (MUA/P) and Health
Professional Shortage Areas (HPSA). As
discussed above, service to an area or
population group with such a
designation is one requirement for
entities to obtain Federal assistance
from one or more of a number of
programs, including the National Health
Service Corps and the Community and
Migrant Health Center Program.
In order to initially obtain such a
designation, a community, individual or
State agency or organization must
request the designation in writing.
Requests must include data showing
that the area, population group or
facility meets the criteria for
designation, although these data need
not necessarily be collected by the
applicant, but may be based on data
obtained from a State entity or data
available from the Secretary. If the
request is made by a community or
individual, the State entities identified
in the regulation are given an
opportunity to review it, which implies
maintenance by these State entities of
some record keeping on designation
requests previously made or commented
upon by the State. These requirements
apply under both current rules and the
proposed rule.
Once a designation based on the
proposed criteria has been made, it must
be updated periodically (at least once
every three years) or it will be removed
from the list of designations. Although
in the past this requirement applied
only to HPSA designations, the
proposed rule would extend the regular
periodic update requirement to MUA/P
designations (in response to concerns
raised by the GAO and Congressional
committees, among others). The update
process involves the Secretary each year
informing State (and/or community)
entities as to which of their designations
require updates, and providing these
entities with the most current data
available to the Secretary for the areas,
population groups and facilities
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involved, with respect to the data
elements used in designation. The State
entities are then asked to verify whether
the designations are still valid, using the
data furnished by the Secretary from
national sources together with any
additional, more current or otherwise
more accurate data available to the State
entity (in consultation with the
communities involved, as necessary). In
the past, this has generally meant that
the State (or community) entities have
needed to verify primary care physician
counts in most of the areas involved,
especially subcounty areas, since only
county-level physician data have
typically been available from national
sources. National population data have
been largely limited to decennial census
data and official Census Bureau
intercensus county-level updates, so
that State population estimates were
sometimes necessary; other relevant
data have generally been available from
national sources.
Under the proposed new process, the
data furnished by the Secretary will
include provider data and population
estimates for subcounty areas as well as
counties, in an easily accessible
database, and these data from national
sources (including intercensus
demographic and population
projections) may be used without
further collection and analysis, if
acceptable to the State and community
involved. This should minimize the
burden on States and communities,
except where the Secretary’s data
suggest withdrawal of a designation, in
which cases the State or community
will need to obtain local data to support
continued designation. In such cases,
the inclusion of non-physician
providers under the proposed new rules
will have a higher burden on those
States or communities which wish to
challenge provider data furnished by the
Secretary.
Need for the information. The
information involved is needed in order
to determine whether the areas,
populations and facilities involved
satisfy the criteria for designation and,
therefore, are eligible for programs for
which these designations are a
prerequisite. While furnishing such
information is purely voluntary, failure
to provide it can prevent some needy
communities from becoming eligible for
certain programs. The Secretary will
make a proactive effort to identify such
communities using national data, but
feedback from State entities and others
with appropriate data is vital to
ensuring that the designation/need
determination process is accurate and
current.
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11261
Likely respondents. The entities that
generally submit this designationrelated information to DHHS are the
State Primary Care Offices (normally
within State Health Departments) or the
State Primary Care Associations (nonprofit associations of health centers and
other organizations rendering primary
care). The total burden placed on these
entities will be determined by the
number of applications they submit,
review or update each year, and,
therefore, will vary from State to State.
Updates of all designated areas will not
be required immediately when the new
method is initiated; State entities will be
given the opportunity to spread out
updates of previously designated areas
over a 3-year period following
implementation of the proposed
regulation.
Burden estimate. The overall public
reporting and record keeping burden for
this collection of information is
estimated to be minimal under the new
method. This is primarily because,
while the new method will require some
data collection from the same sources
utilized in the previous MUA/P and
HPSA designation procedures, there is
no need to submit separate requests for
the two types of designation and allows
the use of national data where
acceptable to the State and community.
We also plan to allow electronic
submission of data.
The burden for compiling a request
for new designation (including
supporting data) or for update of an
existing designation, under the existing
system, was estimated by consulting
with State entities who prepare such
requests/updates about the amount of
time required for the various aspects of
request preparation, varying these
estimates for requests with several
different levels of difficulty, and then
factoring in the approximate frequency
of that type of request. Similar estimates
for the new system were then made,
revising the contributing factors to
account for those aspects that would
require more or less effort under the
new approach. These estimates also
assume that some applications are Stateprepared, while others involve both an
applicant and a State consultation or
review; the estimates include both
parties’ time where two parties are
involved. Under the new method, States
and communities may use data
provided by the Secretary; as mentioned
above; however, some may wish to
provide their own data for primary care
physicians, while others may wish to
provide data for both primary care
physicians and for the nonphysician
primary medical care providers which
are included in the new designation
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criteria and system (Nurse Practitioners,
Physician Assistants, and Certified
Nurse Midwives). Use of State and/or
community data will be more likely in
those cases where the national data
suggest dedesignation. The estimates
below include consideration of the
extent to which such local data
collection will likely be necessary.
Number of
expected
responses
Number of
respondents
Designation type
Hours per
response
Total hours
MUA/P/HPSA Metro Area ..............................................................................
MUP/HPSA Non-Metro Area .........................................................................
Facility Designations ......................................................................................
54
* 54
25
391
909
70
27.4
10.9
2.6
10,713
9,908
182
Total ........................................................................................................
Mean .......................................................................................................
79
........................
1,370
........................
..........................
15.2
20,803
........................
* The Non-Metro applications are completed by the same respondents who complete Metro Area designation requests. To prevent doublecounting of respondents, these 54 are added only once; therefore, 79 is shown as the total.
Public comments on information
collection requirements: Comments by
the public on this proposed collection of
information are solicited and will be
considered in (1) evaluating whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have a practical use; (2) evaluating the
accuracy of the Department’s estimate of
the burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(3) enhancing the quality, usefulness,
and clarity of the information to be
collected; and (4) minimizing the
burden of collection of information on
those who are to respond, including
through the use of appropriate
automated electronic, mechanical, or
other technological collection
techniques or other forms of information
technology; e.g., permitting electronic
submission of responses.
Address for comments on information
collection requirements: Any public
comments specifically regarding these
information collection requirements
should be submitted to: Fax Number—
202–395–6974, or
OIRA_submission@omb.eop.gov, Attn:
Desk Officer for HRSA. Comments on
the information collection requirements
will be accepted by OMB throughout the
60-day public comment period allowed
for the proposed rules, but will be most
useful to OMB if received during the
first 30 days, since OMB must either
approve the collection requirement or
file public comments on it by the end
of the 60-day period.
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Appendix A.—References
Works Cited
A description of this revised methodology
can be found in:
Ricketts TC, Goldsmith LJ, Holmes GM,
Randolph R, Lee R, Taylor DH, Osterman
J. Designating Places and Populations as
Medically Underserved: A Proposal for a
New Approach. Journal of Health Care
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for the Poor and Underserved. 2007; 18:
567–589.
These following articles are a sampling of
the many source documents that provide
historical background on measurements of
underservice and relate to two key factors in
the methodology: need indicators and
benchmarking provider productivity.
Indicators of Need:
Aday L, Andersen R. Development of Indices
of Access to Medical care. Ann Arbor,
MI: Health Administration Press; 1975.
Amato, Paul R. and Jiping Zuo. 1992. Rural
Poverty, Urban Poverty and
Psychological Well Being. The
Sociological Quarterly. Vol 33, No. 2 pp
229–40, June 1992.
Andersen RM, Newman JF. Societal and
individual determinants of medical care
utilization in the United States. Milbank
Memorial Fund Quarterly. 1973;
51(1):95–124.
Andersen RM. Revisiting the behavioral
model and access to medical care: does
it matter? Journal of Health and Social
Behavior. 1995; 36(1):1–10.
CDC. Community Indicators and Health
Related Quality of Life. MMWR Weekly
April 7, 2000.
Kawachi I, Berkman LF. Neighborhoods and
Health. New York: Oxford University
Press; 2003.
Krieger N, Chen JT, Waterman P, Rehkopf D,
Subramanian SV. Race/Ethnicity, gender,
and monitoring socioeconomic gradients
in health: A comparison of area-based
socioeconomic measures—the public
health disparities project. American
Journal of Public Health. 2003;
93(10):1655–1671.
Mansfield CJ, Wilson JL, Kobrinski EJ,
Mitchell J. ‘‘Premature mortality in the
United States: the roles of geographic
area, socioeconomic status, household
type, and availability of medical care’’;
American Journal of Public Health. 1999;
89(6):893–898.
Robert SA. ‘‘Neighborhood socioeconomic
context and adult health.’’ The mediating
role of individual health behaviors and
psychosocial factors’’; Annals of the New
York Academy of Sciences. 1999;
896:465–468.
Robert SA, House JS. ‘‘Socioeconomic
inequalities in health: integrating
individual-, community-, and societallevel theory and research.’’ In: Albrecht
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GL, Fitzpatrick R, Scrimshaw S, eds.
Handbook of Social Studies in Health
and Medicine. London: Sage
Publications; 2000:115–135.
Ratio of Provider/Population and Measures
of Underservice:
Bureau of Health Manpower. Report on
Development of Criteria for Designation
of Health Manpower Shortage Areas.
Rockville, MD: Health Resources
Administration; November, 1977. 78–03.
Bureau of Primary Health Care; Uniformed
Data System Annual Report data; CY
2000–2003; unpublished data
Coyte, P.C., Catz, M., et al. (1997)
‘‘Distribution of physicians in Ontario.’’
Where are there too few or too many
family physicians and general
practitioners’’ Canadian Family
Physician 43: 677–83, 733.
Dial, T.H., Palsbo, S.E., et al. (1995) ‘‘Clinical
staffing in staff- and group-model
HMOs.’’ Health Affairs, Summer 1995;
14 (2): 168–80.
Goldsmith, L. J. (2000, March 3). Invitational
Workshop of Measurement of the
Measurement of Medical Underservice.
Presented at Cecil G. Sheps Center for
Health Services Research at The
University of North Carolina.
Goodman DC, Fisher ES, Bubolz TA, Mohr
JE, Poage JF, Wennberg JE.
‘‘Benchmarking the U.S. physician
workforce.’’
An alternative to needs-based or demandbased planning’’ [published erratum appears
in JAMA 1997 Mar 26; 277(12):966]. JAMA.
1996; 276(22):1811–1817.
Hart, L.G., et al, ‘‘Physician Staffing Ratios in
staff-model HMOs: a cautionary tale’’;
Health Affairs, January/February 1997;
16(10; 55–70
Kehrer B, Wooldridge J. ‘‘An evaluation of
criteria to designate urban health
manpower shortage areas’’; Inquiry.
1983; 20:264–275.
Larson, E.H. et al, ‘‘The Contribution of
Nurse Practitioners and Physician
Assistants to Generalist Care in
Underserved Areas of Washington
State’’; June 2001; WWAMI Center for
Health Workforce Studies
Perlin J., MD, Miller, L * * * Report of the
Primary Care Subcommittee; VHA
Physician Productivity and Staffing
Advisory Group; Veterans
Administration; June 30, 2003.
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Ricketts TC, Taylor DH. Examining
Alternative Measures of Underservice.
Proceedings of the 1995 Public Health
Conference on Records and Statistics.
Washington, DC: National Center for
Health Statistics, 1995 pp. 207–9
Sekscenski, T, Moses, E, (1999) HRSA’s
Bureau of Health Professions, Division of
Nursing and Office of Research &
Planning Health Resources & Services
Administration, Integrated Requirements
Model
Taylor, DH, Goldsmith, LJ (2000, March 3).
Invitational Workshop of Measurement
of the Measurement of Medical
Underservice. Presented at Cecil G.
Sheps Center for Health Services
Research at The University of North
Carolina.
Woodwell DA. National Ambulatory Medical
Care Survey: 1997 Summary. Hyattsville,
MD: National Center for Health
Statistics; May 20, 1999.
Woodwell DA. National Ambulatory Medical
Care Survey: 1998 Summary. Advance
Data from Vital and Health Statistics of
the Centers for Disease Control and
Prevention. Hyattsville, MD: National
Center for Health Statistics; July 15,
2000. 315.
Appendix B.—A Proposal for a Method To
Designate Communities as Underserved
Technical Report on the Derivation of
Weights
This Appendix is intended to provide more
technical details about the proposed
methodology and how it was developed. The
principal authors of this document are,
alphabetically: Laurie Goldsmith, Mark
Holmes, Jan Ostermann, and Tom Ricketts.
The General Approach
The overall approach for deriving an
empirical, data driven system to identify
underserved areas and populations is to
estimate the effect of demographic factors on
the population-to-practitioner ratio, using a
sample of counties as proxies for a health
care market. These effects are then translated
to a score which is added to an adjusted ratio
for a total ‘‘need’’ measure. Thus, the
implementation is similar to the current IPCS
or MUA method in that it creates a ‘‘score’’
or ‘‘index’’ of underservice, however, the
proposed system’s score is based on an
adjusted ratio that is meant to represent an
‘‘effective’’ or ‘‘apparent’’ population and its
primary health care needs.
There are eight steps to the project, which
we divide for expository purposes into two
distinct ‘‘Tasks’’. Please note that the specific
steps described earlier in the preamble to this
rule may not match up to the steps described
below (for example, ‘‘step 4’’ in the preamble
matches up with ‘‘steps 4–5’’ and ‘‘step 7’’ in
this appendix).
Task One: Calculate the Weights That Will Be
Used To Adjust Ratios (‘‘Analysis’’)
This is the analytical portion of the project
in which we explore the degree to which
observable demographic characteristics tend
to be associated with population to provider
ratios. The specific steps in this task include:
1. Create an age-sex adjusted population.
2. Calculate the base population-provider
ratio for regression to determine weights for
need variables.
3. Select study sample primary care service
area proxies.
4. Create factor scores to control for
interactions of variables.
5. Run regression models to create weights
for community variables.
Task Two: Calculate the Scores Based on
These Factors (‘‘Computation’’)
This is the portion of the process in which
scores are assigned to geographic areas based
on the weights calculated in Task One.
6. Calculate the base populationpractitioner ratio for designation
determination.
7. Calculate the scores for each area based
on the values for each variable for each area
and add to the ratio.
8. Step 8: Compare the ratio to a
designation threshold ratio.
We describe each of these steps in detail
in the following sections.
Task 1: Analysis Steps
Step 1: Create an Age-Sex Adjusted
Population
Using estimated visit rates from individuallevel surveys, we weight the population to
create a ‘‘base population.’’ In this manner,
populations can be compared across areas.
The use of these data for this adjustment are
discussed in detail in reports and background
papers for the proposal including the report
that estimates the national impact of the
NPRM–2 proposal, ‘‘National Impact
Analysis of a Proposed Method to Designate
Communities as Underserved’’ dated
September 7, 2001; the background paper,
‘‘Designating Underserved Populations. A
Proposal For An Integrated System Of
Identifying Communities With Multiple
Access Challenges,’’ which is in draft form;
and the ‘‘Executive Summary’’ of the
‘‘Designating * * *’’ paper, which has been
circulated in draft form to the Bureau of
Primary Health Care.
The weights are summarized in Table 1.
TABLE 1.—VISIT WEIGHTS FOR AGE-SEX ADJUSTMENT
0–4
Female .....................................................
Male .........................................................
5–17
4.046
5.164
18–44
2.256
2.499
45–64
5.007
2.867
5.480
4.410
65–74
6.710
6.052
75 and over
8.160
8.056
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These are the original weights using 1996 data.
The weighted sum of these populations is
calculated as 4.046 * (# Females 0–4) + 2.256
* (# Females 5–17) +. . .+ 8.056 *( # Males
75 and over) and equals an age-sex adjusted
number of visits for a particular population.
Dividing this number of visits by the mean
visit rate (3.741) creates a ‘‘base population’’.
Areas with equal base populations (and equal
demographics) have an equal need for
primary care visits per year. This adjustment
allows us to compare, say, the populationbased visit differentials between an area with
a high concentration of elderly (with a higher
need for visits) and an area with a high
population of middle aged individuals (with
a lower need for visits). The visit rates were
obtained from the Medical Expenditure Panel
Survey (1996) and were calculated for nonpoor, white, non-Hispanic individuals.
Employment status, which was included in
the MEPS survey and was a significant
correlate of use of service, was also
intercorrelated with the other variables and
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was not included in the final visit
calculation.
Step 2: Calculate the Base PopulationProvider Ratio for Regression To Determine
Weights for Need Variables
With the base population in hand, we
calculate the population-provider ratio to use
in the regression to determine factor weights.
When applying the formula for the initial
estimation of weights, the number of
practitioners is calculated as:
Providers = physicians¥(J1_physicians +
MHSC_physicians + SLRP_physicians) +
.5* [midlevels¥(NHSC_midlevels +
SLRP_midlevels)] + .1*
[residents¥(NHSC_residents +
SLRP_residents)]
where all practitioners are measured in FTE
units and the practitioner total includes NPs,
PAs and CNMs weighted according to agency
guidelines. The number of practitioners used
in the regression to determine weights for the
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need variables represents only those
practitioners that are considered to be the
‘‘private’’ supply. That is, the practitioners
who would choose to practice in the
community without federal support or
incentives to practice in state- or federallyoperated facilities. As such, government
practitioners (whether federal or state) are
not counted here. Community Health Center
practitioners who are not federal employees,
however, are counted since many of these are
not ‘‘placed’’ into communities but are
practitioners already located in the area that
are ‘‘reclassified’’ as CHC practitioners for
later subtraction from the practitioner supply
at a later step. For the estimation of the
formula, an area with no practitioners is
dropped from use in the regression analysis
to determine weights for the need variables
as a ratio is undefined (not calculable).
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Step 3: Select Study Sample
A sample of counties and county
equivalents that serve as proxies for a health
care market are then selected for analysis to
derive formula weights. This step was done
to identify places which functioned as
primary care service areas and which
reported stable, reliable, usable data.
According to 2000 Census data, the median
county land area is 616 square miles,
corresponding to an approximate radius of 14
miles. The tenth and ninetieth percentiles are
288 and 1847 square miles, corresponding to
approximate radii of 10 and 24 miles
respectively. The approximate radius of a
county that is between the tenth and
ninetieth percentiles in land area reflects a
consensus of the extent of distances traveled
for primary care services. The report
describing PCSAs developed by Dartmouth
and VCU did not identify a median or mean
size rather they indicated that ‘‘A land area
of 1,256 square miles or a radius of 20 miles
(assuming a circular shape) was used as a
crude indicator of geographically large
PCSAs.’’ (Good,man, et al., 2003 p. 297). The
population threshold we proposed of 125,000
was chosen based on a perception that cities
and counties with populations greater than
this level were likely to have many more
specialists and tertiary care services structure
that would substitute for primary care alone,
thus skewing the relationship between
primary care practitioners and population.
No specific studies were done to further
support this assumption. The PCSA project
reported a median population of 17,276 with
multiple PCSAs exceeding that threshold.
Many U.S. counties meet these general
qualifications and the process selected a
range of counties that met three criteria,
including:
i. Populations below 125,000 (410
eliminated*)
ii. Area below 900 square miles (856
eliminated)
iii. Base population to provider ratio below
4250 (336 eliminated)
*Some counties had combinations of both
values.
The third criterion effectively eliminated
very small counties and counties with
unusual distributions of health practitioners.
The goal was to determine the relationship of
area characteristics to practitioner supply
under ‘‘normal’’ conditions in order to create
stable estimates of those relationships in
order to apply them to all appropriate
populations and areas.
These sample selection criteria were
varied; we tested over 2000 combinations in
the estimation process described in the next
step to test for robustness and sensitivity.
The variations included testing within the
following ranges: Population 80,000–150,000;
area 700–1200 sq. miles; ratio 3000–4250.
Overall, the estimations derived from the
models were not substantially different
among the different samples. The study
sample contained 1643 counties. Counties
were chosen because they are well-defined
and are not endogenous to the current
system.
Using currently designated areas would
lead to biased conclusions due to the fact the
subcounty areas are carefully and
deliberately constructed for purposes of
designation. Furthermore, dividing a county
into a subcounty-designated and subcountyundesignated would generate an extremely
large number of possible observations in the
analysis since the county could be divided in
many different ways and into many subsets
of county parts. Finally, since some data are
calculated and available primarily on a
county level, measurement error is
minimized by using counties. Using other
units of analysis requires interpolating values
for subcounty and multicounty areas based
on the constituent geographic units.
Step 4: Create Factors
The proposed designation process, in
keeping with the original MUA/MUP and
HPSA approaches, identified commonly
available statistics that correlated with a
small number of primary care practitionersto-population ratio. The selection of the
measures was based on reviews of the
scientific literature on access to care and
preliminary work on the development of an
alternative measures of underservice
conducted by Donald H. Taylor, Jr. (Taylor &
Ricketts, 1994). Candidate statistics were also
suggested by a working group of State
Primary Care Associations (PCAs) and
Primary Care Offices (PCOs) convened by the
Division of Shortage Designation (DSD) to
gather state-level input into the process of
revising the method. The staff and leadership
of the DSD also provided extensive input into
the design. More than 20 specific variables
were suggested during this process. Some
candidate variables could not be used,
despite being highly correlated with low
access and poor health outcomes, due to lack
of availability of data for small areas (e.g. lack
of health insurance). Ultimately, the high
intercorrelations among candidate variables
restricted the calculation to 7–9 individual
indicators (the actual number to be tested
depended upon the specific combination of
variables). The final choice of variables and
the priority for inclusion in the analysis was
based on the degree to which the variables
best reflected underlying components of
access as qualitatively assessed by the UNC–
CH team, the PCA/PCO group, and staff of
Bureau of Primary Health Care (BPHC). The
final measures consist of demographic,
economic and health status indicators
(presented in Table 2).
Demographic: Population characteristics,
especially racial and ethnic characteristics,
have been consistently shown to affect access
to primary care (Berk, Bernstein, & Taylor,
1983; Berk, Schur, & Cantor, 1995; Schur &
Franco, 1999). Measures of the percent of
population that is non-White and percent of
population that is Hispanic were used to
further adjust the ratio. The inclusion of the
percentage of population older than 65 years
was also included because communities with
higher percentages of elderly have different
community characteristics not captured in
the initial population adjustment. This is
likely due to the relative lack of younger
people to provide supportive care and the
fact that communities with declining
economies, especially rural communities,
have older age profiles that combine with
other factors to create overall lower access.
Economic: Income and employment are
very strong indicators of ability to access
primary health care and to afford health
insurance (Mansfield, Wilson, Kobrinski, &
Mitchell, 1999; Prevention, 2000; Robert,
1999). The unemployment rate and the
percent of population below 200 percent of
the poverty level were used to further adjust
the ratio.
Health Status: Certain populations and
communities have higher than average need
for health care services based primarily on
their health status independent of other
factors. Therefore, health status measures
used to adjust the ratio include the
standardized mortality ratio (General
Accounting Office, 1996) and either the
infant mortality rate or the low birthweight
rate (Matteson, Burr, & Marshall, 1998;
O’Campo, Xue, Wang, & Caughy, 1997).
These special epidemiological conditions
that increase need are not fully represented
in the age-gender adjustment.
TABLE 2.—VARIABLES USED IN CREATING PROPOSED METHOD
Demographic
Economic
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Percent Non-white ‘‘NONWHITE’’
Percent Hispanic ‘‘HISPANIC’’
Percent population >65 years ‘‘ELDERLY’’
Health status
Percent population <200% FPL ‘‘POVERTY’’
Unemployment rate ‘‘UNEMPLOYMENT’’
Actual/expected death rate (adj) ‘‘SMR’’
Low birth weight rate ‘‘LBW’’
Infant mortality rate ‘‘IMR’’
Population density ‘‘DENSITY’’
These measures are highly intercorrelated.
Table 3 below shows the Pearson-product
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moment correlations. The first column shows
that poverty and unemployment are
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positively correlated (+0.64), meaning, in
counties with high proportions of the
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population living in poverty there is usually
a higher unemployment rate. Poverty and
density are negatively correlated (¥0.55),
meaning that where there is higher density
there are lower percentages of the population
living in poverty. The correlation matrix is
population-weighted.
TABLE 3.—PERCENTILE CORRELATION MATRIX
Poverty
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Poverty .......................
Umemp .......................
Density .......................
Elderly ........................
Hispanic ......................
Non-White ..................
SMR ...........................
IMR .............................
LBW ............................
1.00
0.64
¥0.55
0.36
¥0.32
0.10
0.57
0.33
0.40
Unemp
Density
Elderly
Hispanic
Non-white
SMR
IMR
LBW
..................
1.00
¥0.21
0.28
¥0.23
0.12
0.55
0.25
0.37
..................
..................
1.00
¥0.47
0.22
0.22
¥0.04
¥0.10
0.05
..................
..................
..................
1.00
0.25
¥0.29
0.04
0.08
¥0.05
..................
..................
..................
..................
1.00
0.25
¥0.26
¥0.08
¥0.14
..................
..................
..................
..................
..................
1.00
0.42
0.41
0.63
..................
..................
..................
..................
..................
..................
1.00
0.43
0.69
..................
..................
..................
..................
..................
..................
..................
1.00
0.54
..................
..................
..................
..................
..................
..................
..................
..................
1.00
Variable Definitions
Variables were assigned a percentile based
on the distribution of values of all U.S.
counties to all U.S. counties. This allows for
continuity in the use of the proposed scores
if variables are defined differently in the
future (e.g. the poverty measure is changed
to 100 percent below poverty instead of 200
percent). It also allows policymakers a choice
of how often (or whether) to update the
percentile values without having to change
the weights. If poverty conditions improve
markedly across the nation, scores will tend
to fall unless the percentile tables are
updated. For all variables except DENSITY
the theoretically worst value corresponded to
the 99th percentile. At first glance, it might
appear that places with very low population
density would be worse off with regard to
primary care access and health service needs.
Places with extremely high density may also
have problems caused by overcrowding and
the population density may reflect problems
that are commonly encountered in innercities. For this variable there is no apparent
‘‘right’’ direction for the weights. We
arbitrarily specified the functional form such
that lower population density corresponds to
a worse off (higher percentile score)
community. Accounting for the negative
effects of very high density is described
below.
We combined low birth weight and infant
mortality into one measure (called HEALTH),
defined as the maximum percentile of low
birth weight and the infant mortality rate for
a given area. This is due to a medium level
of correlation between the two and the fact
that not all areas report both measures.
Finally, the use of the infant mortality rate
in measures of underservice is required by
existing law and there is precedent for using
these measures as rough substitutes. The
original Index of Primary Care Shortage
described in NPRM–1 of September 1, 1998
used them interchangeably.
We defined nonwhite as the maximum of
zero or the percentile minus 40, so that only
the top (most nonwhite) 60 percent of areas
get ‘‘points’’ for the nonwhite variable. In
other words, all areas less than the 40th
percentile are treated equally. There were
two main reasons for this. The first is that
many of the areas have low nonwhite
percentages (the 40th percentile is about 2.6
percent nonwhite). By not making this
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adjustment, we are differentiating areas that
have little difference in the underlying
measure. The second reason is that without
this adjustment, the scores were not stable;
small differences in the definition of this
variable resulted in wide swings in the
magnitude of the nonwhite variable when
testing multiple randomly chosen samples.
We experimented with a multitude of cutoff
points (0–50 in 10 unit increments). In the
final specification, small changes in the
definition of NONWHITE had little
substantive effect.
With the corresponding percentiles in
hand, the associated scores were transformed
to a logarithmic scale so that the highest
derivative corresponded to the theoretically
worst end of the scale. For example, the
independent variable corresponding to
poverty (lnpcpov) was defined as Inpcpov =
In(100 – pcpov) so that the fastest
acceleration in the poverty score occurs at
high levels of poverty rather than at low
levels. In other words, we specified the
model to allow a greater score to accrue to
areas ‘‘moving’’ from the 95th percentile to
the 96th percentile than to areas ‘‘moving’’
from the 5th percentile to the 6th percentile.
All variables were assumed to have this
shape (so that the theoretically worst values
have the largest derivative). A more detailed
description of the regression approach is
included at the end of this appendix (Notes
to Appendix B).
Basing the Scores on the PopulationPractitioner Ratio
Although this approach specifies the shape
of the function as logarithmic and this
constrains the rate of change in the scoring
as variables differ from one percentile to
another, it does not constrain the sign nor the
absolute magnitude of the parameters that
create the weights. That is, the regression
models are indifferent to whether a
parameter comes out positive or negative or
how large or small it is when the statistical
model is run to create the weights. The
magnitude is the most important parameter
of the three and will be used for estimating
the scores but the potential effects of the size
and sign of the weights must fit into our logic
of additivity of factors. The magnitude of the
weights are expressed as a synthetic unit
which cannot be compared to any other
unit—the weight for UNEMPLOYMENT, for
example, when transformed to the log-normal
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form and constrained to a positive value in
the course of the estimation, is not a ‘‘percent
of workforce not working but seeking work’’
but an abstract number that describes the
relative contribution of that factor to a total
access score at that percentile of
unemployment given all the value of all the
other variables and the population structure.
The final model creates an estimate for the
weight for each set of variables using this
abstract number but that number has to be
brought back into a logical relationship with
the key unit of access we are using—the
population portion of a practitioner-topopulation ratio. The final combined sum of
these abstract values has to be adjusted back
to an interpretable relationship with the
practitioner-population ratio. This requires
that some form of restraint on the parameter
(weight) values be imposed or the solution
set may produce a ‘‘best result’’ that causes
one or two variables to dominate the
weighting and others to vary from positive
indicators of barriers to access to negative in
various combinations.
In the application of the process this means
that the parameter is used along with the
intercept of the regression models to generate
the specific weight for each variable. This
was done to normalize the scores so that the
minimum score was zero. This is done by
adding a fixed number to the log result.
In an unconstrained solution of the
regression models this is, indeed, the case.
There are possible solution sets that include
mixes of positive and negative values; in
statistical parlance the functions are ‘‘twosided.’’ The logic of the scoring system
anticipated this when we stipulated that
factors which restrain use of services by
creating barriers to access, also create
subsequent higher levels of need likely to be
met by higher levels of use, use of services
that was preventable but now necessary. In
the real community, both things are
happening, an access program is promoting
appropriate utilization by overcoming access
barriers and all practitioners are involved in
caring for people who are using the system
because emergent conditions were not treated
appropriately. The amount of the increase in
use brought about by delayed care must be
added into the reduction in use to produce
a sum of the access ‘‘problem’’ in a
community. To account for the ‘‘mirror’’
effects of these variables, the final value, the
sum of the weights are doubled, to produce
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a population estimate that is scaled to
represent the overall effect on the population
need.
Factor Analysis
Because many of these measures are highly
correlated, we perform factor analysis in
order to compute factors for the independent
variables defined above. Essentially, factor
analysis provides a method to translate
highly correlated variables into orthogonal
measures to obtain more precise estimates
and minimize the impact of multicollinearity
in the variables of interest. Often used as an
end product statistical tool, we use it here to
improve the precision of the estimates.1
Our procedure here was to decompose the
independent variables into factors and then
create scores based on these factors. The
factor scores follow in Table 4. The largest
weight in the row is the one on which factor
the variable weighs most heavily (except for
SMR, which has two maximum weights of
almost equal magnitude). Four factors might
be interpreted as structuring the data:
I. High health risk, nonwhite
II. Geo-demographics
III. Economic conditions
IV. Hispanic
TABLE 4.—FACTOR SCORES
Factor
Variable
1
¥0.005
¥0.044
¥0.039
0.042
0.018
0.408
0.206
0.353
Poverty .............................................................................................................................
Unemp .............................................................................................................................
Elderly ..............................................................................................................................
Density .............................................................................................................................
Hispanic ...........................................................................................................................
NonWhite .........................................................................................................................
SMR .................................................................................................................................
Health ...............................................................................................................................
Step 5: Run Regressions
We regress the base population-to-private
supply practitioner ratio on the scores
obtained from the factor analysis (Ratio =
Factor I + Factor II . . . + error). By
combining the scores from the factor analysis
with the estimated coefficients from the
regression, we obtain the effect of our
underlying variables on the ratio.
As an example, the factor analysis might
yield a result such as:
Variable
2
Beta
0.208
¥0.074
0.355
0.440
¥0.002
¥0.012
¥0.107
0.066
3
¥0.423
¥0.338
0.021
0.051
0.046
0.136
¥0.226
0.100
4
0.044
0.009
¥0.226
0.189
0.291
0.099
¥0.124
¥0.046
Weights/Heteroskedasticity
Suppose regressing the ratio onto these two
scores yields estimates of
Thus, (in this simple example) the overall
effect of Poverty on the ratio is calculated as
.04 and the overall effect of Unemployment
is .34. We use the rightmost matrix for
computing the scores (see the next section)
except for one correction (see below).
Because the dependent variable is a ratio
with population in the denominator, we are
concerned about possible heteroskedasticity
in the dependent variable. This is the
property that the sampling variability in the
dependent variable is not constant across the
sample. Specifically, we expect the ratio to
be estimated more precisely as the
population grows. See Figure 1 below for
support of this hypothesis—the ratio tends to
become less variable as the population
increases (population category 1 is the lowest
population category and population category
10 is the highest population category). (The
upper and lower bands are the values for the
25th and 75th percentiles). The consequence
of this violation is that the standard errors
from the regression are biased and a more
efficient estimator may exist. As such, we
weight the regressions by the total population
of the county.
1 Greene (2003) (Greene W. Econometric Analysis,
5th Ed. Prentice Hall, New Jersey) acknowledges
that the use of principal components regression is
sometimes used in the presence of
multicollinearity. One of his criticisms is the
inability to interpret the underlying regression
parameters (p. 59), although this criticism is not
very applicable here (the underlying parameters are
never considered by the applicants.) More
importantly, Greene lays out the tradeoffs: ‘‘If the
data suggest that a variable is unimportant in the
model, the theory notwithstanding, the researcher
ultimately has to decide how strong the
commitment is to that theory.’’ One of the guiding
principles was face validity, which essentially says
conventionally accepted wisdom on important
determinants of access should suggest included
variables.
Variable
Factor 1
Poverty ..............
Unemployment ..
Factor 2
.2
.3
1
−.4
By multiplying these two matrices, we can
obtain the total effect of one variable on the
ratio:
(1)
.2 .4 × 1 = .04
.3 −.1 −.4 .34
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.2 .4
.3 −.1
1
¥.4
which would translate to a vector
.4
¥.1
Which we could translate into a matrix
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Factor 1 ....................................
Factor 2 ....................................
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rational primary care service areas, whether
they follow the boundaries of a county or not.
These methods are designed to be applied to
data for future years and the construction of
the areas may vary from one based on
geography to ZIP code boundaries.
Other considerations, such as errors in model
specification or the discrete ‘‘lumpiness’’
associated with using a dependent variable
like this one provide support for the use of
factor scores.
Sampling Error in the Regression
We wish to reduce the error in predicting
the designation of communities. As such, we
seek to incorporate the precision with which
the regression parameters are estimated into
the scoring procedure. As an example, it is
entirely possible, given two factors, to have
one coefficient be estimated as 100 with a
standard error of 1 and the other coefficient
to be estimated as 400 with a standard error
of 1000. If asked which factor is more
important, most people would probably
admit that although the 400 is a larger point
estimate, the 100 is probably more important
2 An alternative treatment would be to discard
any statistically insignificant estimates. We have
strong conceptual biases against employing such
stepwise procedures.
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given its statistical significance. As such, the
regression estimates are adjusted for the
statistical significance by the algorithm
defined below.2
1. Obtain the variance-covariance matrix V
of the parameter estimates from the
regression.
2. Compute the weighting matrix W
defined as the inverse of the Cholesky
transformation of a zero matrix except for the
diagonal, which consists of the diagonal of V.
(This is identical to a zero matrix with
diagonal elements equal to the reciprocal of
the standard errors of the parameter
estimates).
3. Transform the vector of parameter
estimates (omitting the constant) b by b* =
b *W* number of factors/trace(W). The trace()
portion of the expression ensures the weights
sum to the number of factors.
4. Compute F = S b* as above.
As an example, return to the hypothetical
results for poverty and unemployment above.
Suppose the (estimated) variance-covariance
matrix from the regression was
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There is a question of whether we are even
dealing with a ‘‘sample’’ in the conventional
statistical sense. If our analysis is composed
of the population of interest, then classical
statistical inference is a bit artificial; there is
no uncertainty if we have data on all the
units of interest. We argue that this is a
sample in the conventional sense, for reasons
including but not limited to the following:
a. Measurement error occurs more often
than we expect. County population values
are estimated in 1997 and the accuracy of
provider supply is not 100 percent. As the
nation observed in the presidential vote
count in Florida, even simple computations
are not immune from error. Thus, because the
data used here are affected by measurement
error, we have a sample drawn from the
possible data for the population of counties.
b. The units used here are a sample of a
much bigger population of interest. Not only
are we interested in counties other than those
included in the analysis due to sample
criteria, ultimately we are using counties as
approximations for ‘‘health care markets’’ or
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V = .04 .01
.01 .49
0 = 1/.2 0 = 5
0
then W = 1/ .04
0
1/ .49 0 1/.7 0 1.42857
so
F = SWb ∗ 2/trace ( W )
2
0 × 1 ∗
= .2 .4 × 5
.3 −.1 0 1.42857 −.4 5 + 1.42857
2
.7714
=
6.42857 1.557
The estimated scores in equation (2) differ
from those obtained in equation (1) (page 17)
due to the weight. Because the regression
estimate for the first factor is estimated with
roughly three times the precision as the
estimate for the second factor (5/1.42 ≈ 3), the
estimate for the first factor (1) is weighted
more heavily than the estimate for the second
factor (¥.4). In this case, this has the end
result of increasing the scores from .04 to .24
for poverty and .34 to .4844 for
unemployment. Vector F is the scoring vector
used in the next step.
Although the process for obtaining matrix
F is complex and multi-stage the process was
completed for all possible values of the
variables. Having done this, data describing
a service area can be translated readily into
percentile scores using a look-up table, a
simple spreadsheet, or a web-based
application. This parallels the existing MUA
scoring process. Applicants do not need to
perform Cholesky transformations or any
other mathematical calculations.
Fundamentally, the ‘‘weighting’’ step rescales
the regression parameters, placing more
weight on more precisely estimated
parameters. We are not aware of other
published research performing this
reweighting, but there are at least two reasons
this approach has intuitive appeal. The
reweighted models performed better
empirically in the sense of minimizing
disruption to current designation status. We
considered dropping statistically
insignificant principal components from the
regression and not weighting. Although this
would be a more traditional use of principal,
components regression (with both its
advantages and disadvantages), in addition to
subpar performance, the omission of
insignificant components drops factors that
theory suggests should contribute to access
barriers. At its core, this unconventional
approach represented the best tradeoff we
could devise between health care access
theory, statistical theory, and empirical
performance.
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.24
=
.4844
Task 2: Computation
Step 6: Calculate the Base PopulationProvider Ratio for Designation Determination
Using the same age-sex adjusted
population from Step 1, we calculate the
population-practitioner ratio. All primary
care practitioner FTEs in the area are counted
to initially determine designation, this is
termed the ‘‘Tier 1 designation ratio’’ and
follows the FTE allocation of
Providers = active non-federal, primary care
physicians + 0.5 * primary care NPs,
PAs, and CNMs + 0.1 * medical residents
in training
For applicants not meeting the threshold
criterion, the FTEs for practitioners who are
supported by safety net programs ( e.g.,
NHSC providers, J–1 visa practitioners, CHC
providers) are subtracted from the supply
total and the applicant ratio is compared to
the threshold. That step is termed ‘‘Tier 2
designations.’’ The formula for that
calculation follows the same logic as in Step
2, above:
Providers = physicians—(J1_physicians +
NHSC_physicians + SLRP_physicians) +
.5* [midlevels—(NHSC_midlevels +
SLRP_midlevels)] + .1* [residents—
(NHSC_residents + SLRP_residents)]
Step 7: Calculate Scores
With row vector F in hand, we then turn
to computing scores for geographical units.
We compute the ratio of population to
providers using the algorithm outlined above.
We use the percentile scores as computed
above for the counties. See the document
‘‘Completing the NPRM2 Application’’ for
these percentiles.
We then calculate the score for the
communities and add this score, upweighted
by 2 to account for the 2-sided properties of
the regression estimates so the total score for
the community equals
ADJUSTED RATIO (or ‘‘INDEX’’) = RATIO +
2 * SCORE
This is the total score for the community and
determines its designation status. The
applicants never see the regression
multiplier; it is embedded in the tables.
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Because the use of the multiplier for the
score is applied at this stage of the process,
it may be seen as an ad-hoc adjustment. The
statistical logic for this has been described
above, the policy logic for applying this
adjustment is supported by these points:
1. The multiplier is used to account for the
fact that the existing measures and processes
including: the HPSA formula, the IPCS/MUA
formulae, and the practical application of the
CHC/RHC clinic placement process—all
recognize the importance of the basic
population-to-practitioner ratio in
determining need. Indeed, some simple
models run on the study sample provide
evidence that the multiplier should be closer
to 10 rather than 2 if the goal were to include
every area containing a CHC under the
proposed designation process (this assumes
that the presence of a CHC is an indicator of
need in and of itself as opposed to the result
of the calculation of pre-existing unmet
need). The IPCS mechanism provided for a
maximum score from the populationpractitioner ratio of 35 points. The maximum
score available from other factors (poverty 35
points, IMR/LBW 5 points, minority 5 points,
Hispanic 5 points, LI 5 points, density 10
points = 65 points) are, collectively, almost
twice that in terms of potential contribution.
Thus, the weighted contribution of the
factors besides the ratio is roughly twice that
of the ratio itself. Multiplying the ratio
denominator by two intensifies the relative
effect of the underlying, basic population to
practitioner ratio in the designation process
providing continuity with prior policy.
2. The multiplier functions as a scale/
weighting factor. The score has a much
smaller variance than the ratio. This is not
just an annoyance—it is used to generate a
prediction, and thus will have smaller
variance than the dependent variable. The
dependent variable and the score used here
have some sort of meaning, a person per
provider, although the various adjustments
make this unit of measurement not as
meaningful as we might think. One
alternative we considered is rescaling the
ratio and the score into z-scores and using
these standardized measures rather than the
unscaled measures. This rescaling would
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involve multiplying the score by a larger
factor than the ratio.
3. The multiplier helps control for the
(observed) low ratios in, (e.g., metro) areas
with high scores. The following example
illustrates this:
TABLE 2.—EXAMPLE SCORE AND RATIOS
State
Bronx .............................................................
Coconino ........................................................
Kings ..............................................................
East Baton Rouge .........................................
St. Lucie .........................................................
Philadelphia ...................................................
Mahoning .......................................................
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County of HPSA
NY ..
AZ ..
NY ..
LA ...
FL ...
PA ..
OH ..
The (unmultiplied) maximum score is about
1300. The areas listed above are all in the
worst 10 percent of scores. Note that these
areas would not qualify without the ‘‘score ×
2’’ multiplier rule (see below). Perhaps the
ratio is a misleading measure in some
circumstances.
4. The multiplier fills a statistical role. The
score is (likely) more stable across years; e.g.,
if one physician moves out of a rural area,
the ratio varies dramatically. The score is not
going to change drastically across years.
Thus, it should be given more weight.
5. The multiplier creates a standard which
designates roughly the same number of
people as the IPCS and the current HPSA
designations.
6. It performs better than without the
doubling. Although this particular argument
has little theoretical basis, it is still
compelling.
Why is a portion of the density score
function negative?
The astute reader will note that the
constant from the regression was dropped
and never used. The reason for this is that
the constant has no clear meaning in this
context. We decided to norm the scores so
that the minimum score—that is, the best
area in the country—was zero. Thus,
although in theory an area could receive a
negative score if it had very favorable
demographics and had a high population
density, in practice no area had a negative
score (by definition).
Step 8: Compare to Threshold
Areas are designated if and only if the
‘‘adjusted ratio’’ (or ratio+score) is greater
than 3000. This threshold was adopted for its
reflection of the clear need for a single fulltime equivalent primary care physicians, its
consistency with prior threshold values, and
its familiarity to stakeholders.
Areas With No Practitioners
The problem of how to treat areas with
zero providers emerged early in the process
of ranking areas as medically underserved.
There is an informative treatment of the
phenomenon in Black and Chui (1981).* For
areas with zero providers, we have not made
any firm recommendations and have treated
them in one of three ways for various parts
of the analysis.
* Black, R. A., and Chui, K.–F. (1981). Comparing
schemes to rank areas according to degree of health
manpower shortage. Inquiry, 18(3), 274–280.
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Ratio
Score
1357.2
1266.8
1634.7
1660.5
1138.5
1055.9
1505.3
1043.5
1005.6
897.8
874
873
861.2
839.3
IPCS
IMR
54
56
52
46
44
47
44
(a) Every area with zero providers
automatically gets an adjusted ratio of 3000
(which guarantees them designation), to
which a score for community need indicators
are added. This results in all areas having a
NPRM2 score, including areas with zero
providers. This method was used in early
tabulations and compilations.
(b) Automatically designate areas with zero
providers without assigning an adjusted ratio
or a score for community need indicators.
Therefore, areas with zero providers will not
have a NPRM2 total score. This has occurred
when calculations and tabulations of the
database using the NPRM2 scoring system
was applied. The places with no score were
dropped. This method was used in the final
impact analysis.
(c) Assigning an arbitrarily small FTE to
the area, such as 0.1 to create a score that is
primarily dependent upon the denominator
population. This was used only in selected
tests of the scoring system as an alternative.
Notes to Appendix B: Regression approach
for assignment of weights to correlates of
‘‘shortage’’
The basic method for assigning weights to
individual variables involved the estimation
of a county-level linear regression model with
the adjusted population-to-physician ratio as
the left-hand side variable, and the variables
described in step 4 as right-hand side
variables. Coefficients on the right-hand side
variables can be interpreted directly as
average differences in the population-tophysician ratio for counties with specified
characteristics relative to counties without
those characteristics.
To reduce the effects of extreme outliers
(e.g., population density in New York City,
or per capita income in Silicon Valley), all
variables were converted into percentages. To
allow for non-linear relationships between
each variable and the ratio, the variables
were further converted from a linear variable,
ranging from 1 to 100, into twenty fivepercentile categorical variables, i.e., one each
for 1–5th percentile, 6–10th percentile, * * *
96th–100th percentile. When all but one of
these variables are entered on the right-hand
side of a regression with the population-tophysician ratio as the dependent variable, the
coefficients on each variable represent the
average difference in the adjusted
population-to-physician ratio relative to the
omitted reference category. In most cases, the
omitted reference category is the 1–5th
percentile, i.e., the five percent of counties
with the lowest values for a particular
variable.
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LBW
10.1
8.1
10.3
11.3
10
13.3
10.7
10.1
7.2
9.2
10.2
7.3
11.4
8.9
Poverty
77.8
65.1
59.2
69
67
61.1
67.5
Entering highly collinear variables, such as
income and poverty, into a single regression
model usually results in one coefficient being
positive, and the other being negative. In
order to develop a ‘‘user-friendly’’ scoring
system in which all weights are positive,
variables were added sequentially to the
regression model, with the effects of
previously entered variables constrained to
their estimated effects. As a result,
coefficients on all variable other than the first
represent the ‘‘marginal differences’’ in the
ratio, after controlling for all previously
included variables.
A decision was made to use a populationto-physician ratio of 3000:1 as a cutoff
criterion for designation. The following
analysis was restricted to counties with
adjusted population-to-physician ratios
between 500:1 and 3000:1, for which the
dependent variables was not missing
(N=2,493).
Income was the single most important
correlate of the ratio. It was entered first, and
estimates were obtained for each of 19
categories; counties in the 95–100th
percentile were the excluded category. Each
of the estimated coefficients represents the
average difference in the ratio for counties in
the respective percentile range relative to the
omitted group of counties with the highest
income. Coefficients were graphed and
examined visually, and differences between
the coefficients for ‘‘neighboring’’ categories
were evaluated for statistical significance.
Categories with no statistically significant
differences were combined into single
variables. As a result of this process, three
categories (plus reference category) remained,
one each for the 1–75th, 76–85th, and 86–
95th percentiles. The regression was run
again, suggesting that counties in these
categories had higher ratios by 628, 344, and
216 ‘‘units’’, respectively. (These units are
the average differences in the population-tophysician ratio).
Constraining the coefficients on these
variables to these values, 19 percentile ranges
for the next-highest correlate of the ratio,
population density, were added to the
analysis. Visual inspection pointed to clear
non-linearities in the relationship. There
appeared to be a statistically significant
difference between counties in the 95–100th
percentile relative to all other counties.
Furthermore, the effect was increasing up to
the 35th percentile of counties, and then
decreased between the 36th and 95th
percentiles. Note that these relationships
describe the relationship between population
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density and the population-to-physician ratio
after controlling for the effects of income.
Consistent with the observed relationship,
three variables were defined, a categorical
variable for the 1–95th percentile range, and
two splines for the 1–35th and 36–95th
percentiles, respectively.
These three variables describing
population density were entered into the
model together with the income variables,
and the estimated coefficients were used to
analyze the marginal effect of unemployment
according to the same method. Relative to the
omitted reference group of counties in the 1–
5th percentile, counties in the 6–20th and
21–100th percentile ranges had significantly
higher population-to-physician ratios, after
controlling for income and population
density. Consequently, two dummy variables
for counties in these categories were entered
into the model. The process was repeated for
percent of the population under 200% FPL,
which suggested that—after controlling for
income, population density, and
unemployment—the ratio was lowest for
counties with a percentage of the population
below 200% poverty around the 20th
percentile of all counties. Below this
threshold, the average ratio was higher by
about 110 ‘‘units’’, above that, the ratio
gradually increased by about 2.5 ‘‘units’’ per
percentile increment.
Table 2 shows the results of the final
regression model containing the four
variables described above. After controlling
for these variables, none of the remaining
variables was significantly associated with
shortage. This finding is consistent with
other studies of the effects of community
characteristics on access to health care, in
that the economic/barrier variables have been
shown to have much greater impact than
other characteristics. However, legislation
requires the use of selected morbidity and
mortality measures such as infant mortality
and, even if marginal in their net effect, these
measures are tied closely to the logic of need
for primary care and access to primary care.
To comply with this requirement, the
analysis was repeated for actual/expected
deaths, the maximum of low birth weight/
infant mortality rate, and the percentage of
the population over the age of 65. Table 3
shows the results of the final regression
model and the specification of each variable.
The coefficient estimates in Tables 2 and 3
were used to create a single table containing
the weights associated with each variable, for
each percentile increment, usually rounding
to the nearest increment of 5.
TABLE 2.–COEFFICIENT ESTIMATES FOR ECONOMIC/BARRIER CORRELATES OF SHORTAGE
Correlate of shortage
Cutoffs
(percentiles)
Specification
Income ............................................
0–74
75–84
85–84
0–95
0–35
35–95
5–19
20–99
0–14
15–99
........................
Dummy Variable .............................
Dummy Variable .............................
Dummy Variable .............................
Dummy Variable .............................
Spline ..............................................
Spline ..............................................
Dummy Variable .............................
Dummy Variable .............................
Dummy Variable .............................
Spline ..............................................
.........................................................
Population Density ..........................
Unemployment ................................
Below 200% FPL ............................
Constant
Coefficient
SE
355.9
186.0
69.7
318.6
4.23
¥3.73
167.8
245.4
109.0
2.36
732.0
t
59.3
59.6
53.6
51.4
0.95
0.84
52.0
48.0
38.8
0.54
78.7
5.997
3.121
1.301
6.197
4.432
¥4.467
3.228
5.110
2.807
4.406
9.297
TABLE 3.—COEFFICIENT ESTIMATES FOR HEALTH/DEMOGRAPHIC CORRELATES OF SHORTAGE
Correlate of shortage
Cutoffs
(percentiles)
Specification
Actual/Expected Deaths ................
6–15
16–55
56–75
76–100
81–100
1–100
........................
Dummy Variable ...........................
Dummy Variable ...........................
Dummy Variable ...........................
Dummy Variable ...........................
Dummy Variable ...........................
Continuous ...................................
.......................................................
Infant Morality ...............................
Percent 65+ ...................................
Constant ........................................
List of Subjects
Coefficient
42 CFR Part 5
Health care, Health facilities, Health
professions, Health statistics, Health
status indicators, Medical care, Medical
facility, Dental health, Mental health
programs, Physicians, Population
census, Poverty, Primary care,
Shortages, Underserved, Uninsured.
PART 5—DESIGNATION OF
MEDICALLY UNDERSERVED
POPULATIONS AND HEALTH
PROFESSIONAL SHORTAGE AREAS
1. The heading for part 5 is revised as
set forth above.
2. The authority citation for part 5 is
revised to read as follows:
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42 CFR Part 51c
Grant programs—Health, Health care,
Health facilities, Reporting and
recordkeeping requirements.
For the reasons set out in the
preamble the Department of Health and
Human Services proposes to amend
parts 5 and 51c of title 42 of the Code
of Federal Register as follows:
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Authority: 42 U.S.C. 254b, 254e.
SE
66.4
121.6
211.2
278.5
65.73
1.93
1364.4
t
64.0
57.2
59.4
60.2
27.41
0.37
57.2
1.038
2.124
3.554
4.625
2.398
5.161
23.872
5.2
5.3
Definitions.
Procedures for designation and
withdrawal of designation.
5.4 Notice and publication of designation
and withdrawals.
5.5 Transition provisions.
5.6 Provisions related to Automatic HPSA
designation of certain Federally
Qualified Health Centers (FQHC) and
Rural Health Clinics (RHC)
3. The existing text consisting of
§§ 5.1 through 5.4 is designated as
subpart A and revised to read as
follows:
Subpart A—General Procedures for
Designation of Medically Underserved
Populations (MUPs) and Health
Professional Shortage Areas (HPSAs)
Subpart A—General Procedures for
Designation of Medically Underserved
Populations (MUPs) and Health
Professional Shortage Areas (HPSAs)
Sec.
5.1 Purpose.
§ 5.1
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Purpose.
This part establishes criteria and
procedures for the designation and
withdrawal of designations of medically
underserved populations pursuant to
section 330(b)(3) of the Public Health
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Service Act and of health professional
shortage areas pursuant to section 332 of
the Act.
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§ 5.2
Definitions.
As used in this part:
(a) Act means the Public Health
Service Act, as amended (42 U.S.C. 201
et seq.).
(b) Department means the Department
of Health and Human Services.
(c) Frontier Area means those areas
identified by the Secretary (through the
Frontier Work Group of the Office for
the Advancement of Telehealth) as
frontier areas, or, until an official list of
frontier areas is issued, those U.S.
counties or county-equivalent units
with a population density less than or
equal to 6 persons per square mile.
(d) FTE means full-time equivalent,
and shall be computed using such
guidance as the Secretary may provide.
(e) Governor means the Governor or
other chief executive officer of a State.
(f) Health professional shortage area
(or HPSA) means any of the following
which the Secretary determines in
accordance with this part has a shortage
of health professionals:
(1) A rational, geographic service area;
(2) A population group; or
(3) A public or nonprofit private
medical facility or other public facility
that provides primary medical, dental or
mental health services.
(g) Inner portions of urban areas
means core areas of urbanized central
places areas as defined by HRSA, based
on data from the Bureau of the Census.
(h) Population Center means the
census area (tract, division, town, etc.)
with the largest population within a
proposed rational service area.
(i) Medical facility (or other public
facility that provides primary medical,
dental or mental health services)
includes:
(1) A health center, as defined in
Section 330(a) of the Public Health
Service Act, means an entity that serves
a population that is medically
underserved, or a special medically
underserved population comprised of
migratory and seasonal agricultural
workers, the homeless, and residents of
public housing, by providing, either
through the staff and supporting
resources of the center or through
contracts or cooperative arrangements,
required primary health services and, as
may be appropriate for particular
centers, additional health services
necessary for the adequate support of
the primary health services required for
all residents of the area served by the
center (including a community health
center, migrant health center, health
center for the homeless, or health center
for residents of public housing);
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(2) Any Federally qualified health
center (FQHC), as defined in Section
1861(aa)(4) of the Social Security Act
term ‘‘Federally qualified health center’’
means an entity which is receiving a
grant under section 330 (other than
subsection (h)) of the Public Health
Service Act, or is receiving funding from
such a grant under a contract with the
recipient of such a grant, and meets the
requirements to receive a grant under
section 330 (other than subsection (h))
of such Act; based on the
recommendation of the Health
Resources and Services Administration
within the Public Health Service, is
determined by the Secretary to meet the
requirements for receiving such a grant;
was treated by the Secretary, for
purposes of part B, as a comprehensive
Federally funded health center as of
January 1, 1990; or is an outpatient
health program or facility operated by a
tribe or tribal organization under the
Indian Self-Determination Act or by an
urban Indian organization receiving
funds under Title V of the Indian Health
Care Improvement Act.
(3) A rural health clinic [RHC] as
defined in Section 1861(aa)(2) of the
Social Security Act is primarily engaged
in furnishing to outpatients services
which is located in an area that is not
an urbanized area (as defined by the
Bureau of the Census) and in which
there are insufficient numbers of needed
health care practitioners which is
located in an area that is not an
urbanized area (as defined by the
Bureau of the Census) and in which
there are insufficient numbers of needed
health care practitioners; a public health
center or other medical, dental or
mental health facility operated by a city
or county or State health department; or
a community mental health center (see
Section 520 of the Act);
(4) An ambulatory or outpatient clinic
of a hospital;
(5) An Indian Health Service facility,
or a health program or facility operated
under the Indian Self-Determination Act
by a tribe or tribal organization; or an
Urban Indian Health Program; or
(6) A facility for delivery of health
services to inmates in a U.S. penal or
correctional institution (under section
323 of the Act), or a State correctional
institution; or
(7) A State mental hospital.
(j) Medically underserved population
(or ‘‘MUP’’) means:
(1) The population of a geographic
area designated by the Secretary in
accordance with this part as having a
shortage of personal health services
(also called a medically underserved
area or MUA); or
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(2) A population group designated by
the Secretary in accordance with this
part as having a shortage of such
services.
(k) Metropolitan statistical area means
an area that has been designated by the
Office of Management and Budget as a
metropolitan statistical area. All other
areas are ‘‘micropolitan’’ or ‘‘nonmetropolitan’’ areas.
(l) Poverty level means the current
poverty threshold as defined by the
Bureau of the Census, which uses a set
of money income thresholds that vary
by family size and composition to
determine who is in poverty. If a
family’s total income is less than the
family’s threshold, then that family and
every individual in it is considered in
poverty. The thresholds are updated
annually.
(m) Primary care clinician means a
physician, nurse practitioner, physician
assistant, or certified nurse midwife
who practices in a primary care
specialty as defined in § 5.104(e)(2) of
this part, provides direct patient care,
and practices in a primary care setting,
as defined in paragraph (n) of this
section.
(n) Primary care setting means a
setting where integrated, accessible
health care services are provided by
clinicians who are accountable for
addressing a large majority of personal
health care needs, developing a
sustained partnership with patients,
practicing in the context of family and
community, and providing continuity
and integration of health care. It
includes but is not limited to health
centers as defined in § 5.2(i)(2) of this
part, health maintenance organizations,
generalist physicians’ offices, and
ambulatory care facilities operated by
hospitals including outpatient facilities
that are separate but a part of inpatient
facilities; it excludes inpatient facilities,
non-primary care physician specialist’s
offices, and facilities for long term care.
(o) Secretary means the Secretary of
Health and Human Services, or any
officer or employee of the Department to
whom the Secretarial authority involved
has been delegated.
(p) State includes the 50 States, the
District of Columbia, the
Commonwealth of Puerto Rico,
American Samoa, Guam, the Northern
Mariana Islands, the U.S. Virgin Islands,
the Federated States of Micronesia, the
Marshall Islands, and the Republic of
Palau.
§ 5.3 Procedures for designation and
withdrawal of designation.
(a) Any agency or individual may
request the Secretary to designate (or
withdraw the designation of) an area,
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population group, or facility as an MUP
and/or as a HPSA. Requests by State
agencies participating in the
Department’s electronic shortage
designation system should be made
electronically.
(b) The Applicant will forward a copy
of (or relevant electronic information
on) each such designation request to the
officials and entities listed below in
each State affected by the request,
asking that they review the request and
offer their recommendations, if any, to
the Secretary within 30 days:
(1) The Governor;
(2) The head of the State health
department or State health agency
designated by the Governor, or other
health official to whom this reviewing
authority has been delegated (such as
the Director of the Primary Care Office),
and the Director of the State Office of
Rural Health;
(3) Appropriate local officials within
the State, such as health officers of
counties or cities affected;
(4) The State primary care association
or other State organization, if any, that
represents federally qualified health
centers and other community-based
primary care organizations in the State;
(5) Affected State medical, dental, and
other health professional societies; and
(6) Where a public facility (including
a Federal medical facility) is proposed
for designation or withdrawal of
designation, the chief administrative
officer of such facility.
(c) The Secretary may propose the
designation, or withdrawal of the
designation, of an area, population
group, or facility under this part. Where
such a designation or withdrawal is
proposed, the Secretary will notify the
agencies, officials, and entities
described in paragraph (b) of this
section and request comment as therein
provided.
(d) Using data available to the
Secretary from national and State
sources, and based upon the applicable
criteria in the remaining subparts and
appendices to this part, the Secretary
will annually prepare listings (by State)
of currently designated MUPs and
HPSAs, together with relevant data
available to the Secretary, and will
identify those MUPs and HPSAs within
the State whose designations, because of
age or other factors, are required to be
updated. The Secretary will provide the
listing for each State and a description
of any required information to the
entities in that State identified in
paragraph (b)(2) and (4) of this section,
either electronically or in hard copy,
and will request review and comment
within 90 days.
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(e) The Secretary will furnish, upon
request, an information copy of a
request made pursuant to paragraph (a)
of this section or applicable portions of
the materials provided pursuant to
paragraph (c) of this section to other
interested persons and groups for their
review and comment. Resulting
comments or recommendations may be
provided to the Secretary, the Governor,
and/or the State health official
identified in paragraph (b)(2) of this
section.
(f) In the case of a proposed
withdrawal of a designation, the
Secretary shall afford other interested
persons and groups in the affected area
an opportunity to submit data and
information concerning the proposed
action, including entities directly
dependent on the designation and
primary care associations and State
health professional associations, to the
extent practicable.
(g) The Secretary may request such
further data and information as he/she
deems necessary to evaluate particular
proposals or requests for designation or
withdrawal of designation under
paragraph (a) of this section. Any data
so requested must be submitted within
30 days of the request, unless a longer
period is approved by the Secretary. If
the information requested under
paragraph (c) of this section or under
this section is not provided, the
Secretary will evaluate the proposed
designation (including continuation of
designation) or withdrawal of
designation of the areas, population
groups, and/or facilities for which the
information was requested on the basis
of the information available to the
Secretary.
(h) After review and consideration of
the available information and the
comments and recommendations
submitted, the Secretary will designate
those areas, population groups, and
facilities as MUPs and/or HPSAs, as
applicable, which have been determined
to meet the applicable criteria under
this part, and will withdraw the
designations of those which have been
determined no longer to meet the
applicable criteria under this part.
(i) Urgent Review. If a clinician dies,
retires, or leaves an area that is not
already designated as an MUP or HPSA
with no or limited notice, causing a
sudden and dramatic change in primary
medical care, dental or mental health
services available to that area’s
population, the State health agency or
official identified in paragraph (b)(2) of
this section may submit an urgent
request to the Secretary on behalf of the
affected community that the area be
immediately designated as an MUP and/
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or HPSA. Such urgent requests will be
reviewed on an expedited basis, within
30 days of receipt. If
(j) The Secretary fails to complete
review of the request within 30 days
after receipt, the area as defined by the
State agency will be considered
designated as an MUP and/or HPSA, as
applicable, until and unless subsequent
review by the Secretary indicates that
inaccurate data were provided or that
the situation has changed. Each year,
each State may invoke this urgent
procedure for processing no more than
five percent of the total number of
designations the State had at the end of
the preceding calendar year.
§ 5.4 Notice and publication of
designations and withdrawals.
(a) In the case of a request under
§ 5.3(a) of this part, the Secretary will
give written or electronic notice of the
determination made to the individual or
agency that made the request. The date
of this notice will reflect the actual date
of determination.
(b) The Secretary will also give
written or electronic notice of a
designation (or withdrawal of
designation) under this part on or not
later than 60 days after the effective
date, as noted in paragraph (a) of this
section , of the designation (or
withdrawal), to:
(1) The Governor of each State in
which the designated or withdrawn
MUP or HPSA is located in whole or in
part;
(2) The State health department or
other agency or official identified under
paragraph § 5.3(b)(2) of this part of the
affected State or States, and any other
State agency deemed appropriate by the
Secretary; and
(3) Other appropriate public or
nonprofit private entities which are
located in or which the Secretary
determines have a demonstrated interest
in the area designated or withdrawn,
including entities directly dependent on
the designation and primary care
associations and State health
professional associations.
(c) The Secretary will publish
updated lists of designated MUPs and
HPSAs in the Federal Register after the
end of each fiscal year, reflecting
designations current at the end of each
fiscal year, and make the complete list
available on-line, by type of designation
and by State, and will maintain a
regularly updated Web site of current
designations between Federal Register
list publications. Such listings will
distinguish between first and second
tier designations as determined
pursuant to § 5.103 of this part.
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(d) The effective date of the
designation of an MUP or HPSA shall be
the date of the notification letter or
electronic notice provided pursuant to
paragraph (a) or (b) of this section, or
the date of publication in the Federal
Register, whichever occurs first.
(e) The effective date of the
withdrawal of the designation of an
MUP or HPSA shall be the date of the
notification letter or electronic notice
provided pursuant to paragraph (a) or
(b) of this section, or the date on which
notification of the withdrawal is
published in the Federal Register, or the
date of publication in the Federal
Register of an updated list of
designations of the type concerned
which does not include the designation,
whichever occurs first.
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§ 5.5
Transition provisions.
(a) Continuation of currently
designated MUPs and primary care
HPSAs. Except as otherwise provided in
this section and § 5.6 of this part, these
new criteria for the designation of a
MUP or a primary care HPSA will be
phased in over a period of three years
from the date of publication of the final
rule in the Federal Register, with the
oldest MUP and HPSA designations
being reviewed first. Existing
designations will remain in effect until
reviewed under the new criteria on the
schedule set by the Secretary after
consultation with State entities as
described below.
(b) Revision of MUPs and primary
care HPSAs.
(1) The Secretary will, within 90 days
after publication of this final rule in the
Federal Register, submit to the entities
in each State identified pursuant to
§ 5.3(b)(2) and (4) of this part a listing
of the adjusted population-to-primary
care clinician ratio computed under
§ 5.104 of this part for each currently
designated MUP and primary care
HPSA within its boundaries, based on
the data and information available to the
Secretary.
(2) The State health agency or other
designee of the Governor shall have 90
days from receipt of such listing, or
such longer time period as the Secretary
may approve, to provide comments to
the Secretary. Such comments should
take into account the effects on local
communities and any comments by
affected entities and should include
recommendations on the following
topics:
(i) Where the boundaries of a
currently designated MUP and primary
care HPSA overlap but do not
coincide—
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(A) Which service area boundaries the
State recommends be continued in
effect;
(B) Whether the State proposes to
have any remaining area separately
designated, either on its own or as part
of another service area; or
(C) If the State wishes to identify and
consider for designation a new service
area instead of either area currently
designated, identification of the
boundaries recommended.
(ii) Any other service area boundaries
(of existing designated areas) that the
State recommends be revised;
(iii) The State’s suggestions as to
which areas should be updated in the
first transition year, which in the
second, and which in the third;
(iv) The State’s recommendations
concerning those areas it suggests be
updated during the first transition year;
and
(v) The accuracy of the FTE primary
care clinician data and other data used
in scoring.
(3) Where a current MUP and a
primary care HPSA designation overlap,
and the State makes an election under
paragraph (b)(2)(i)(A) of this section, the
MUP or primary care HPSA that is not
selected will be deemed to be
automatically withdrawn.
(4) If part of the area of a currently
designated MUP or primary care HPSA
is revised under this part and the State
does not request designation of the
remaining area, the current designation
covering the remaining area will be
deemed to be automatically withdrawn.
(5) If a State does not provide
recommendations to resolve
overlapping area situations under
paragraph (a) of this section, the
Secretary may revise the areas involved,
based on the applicable criteria and data
and information available.
§ 5.6 Provisions related to Automatic
HPSA designation of certain Federally
Qualified Health Centers (FQHC) and Rural
Health Centers (RHC).
(a) The Health Care Safety Net
Amendments of 2002, as amended by
Public Law 108–163, provide automatic
HPSA designation for at least six years,
for all entities that:
(1) Were deemed or certified as an
FQHC or RHC, § 5.2(h) of this part, on
or after October 26, 2002;
(2) Meet the requirements of section
334 of the Act (concerning the provision
of services regardless of ability to pay);
and
(3) Do not lose their FQHC or RHC
status and/or cease to meet the
requirements of section 334 of the Act
during that time period.
(b) After the date these regulations
take effect, some of the FQHC and RHC
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entities with automatic HPSA
designation as described under
paragraph (a) of this section, [or some of
the clinical sites of these entities], may
also be found to:
(1) Be located in a geographic area
that has been designated under the
criteria for geographic primary care
designations in Subpart B of this part;
(2) Be located in an area containing a
population group that has been
designated under the population group
criteria in Subpart C of this part and
serving the designated population
group, as determined by the Secretary
(e.g., a migrant health center serving a
designated migrant population; a
homeless health center serving a
designated homeless population; a
public housing or community health
center serving a designated low-income
population group); or
(3) Have met the criteria for
designation as a safety-net facility in
Subpart D of this part.
(c) A list of FQHC and RHC clinical
sites that are automatically designated
pursuant to paragraph (a) of this section,
excluding any clinical sites that have
also been found to be covered by
another HPSA designation as set forth in
paragraph (b) of this section, shall be
maintained. This list of automatically
designated clinical sites, with their
addresses, shall be appended to each list
of designated HPSAs published in the
Federal Register or posted on the web
in accordance with § 5.4 (c) of this part.
(d) To maintain HPSA designation
after six years of automatic designation,
FQHC or RHC clinical sites remaining
on the appended list of ‘‘automatic’’
HPSAs (or the most recent previous date
that the HPSA list was published in the
Federal Register or posted on the web)
will be required to demonstrate that
their area meets the criteria in subpart
B of this part, that they are serving a
population group which meets the
criteria in subpart C of this part, or that
they meet the facility criteria in subpart
D of this part. At or near the end of the
six-year period of automatic
designation, the FQHCs and RHCs
involved will be informed of this
requirement by mail, and shall then
have 90 days to provide evidence that
the criteria are met for the sites in
question.
(e) If an FQHC or RHC is notified as
described in paragraph (d) of this
section that it needs to demonstrate that
one or more of its clinical sites meet the
designation criteria herein, and fails to
submit materials in support of such a
finding within 90 days, the sites
involved shall then be removed from the
HPSA list, unless additional time to
provide further information is granted
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by the Secretary on a case-by-case basis.
Sites so removed can reapply for HPSA/
MUP designation under the criteria
herein at a later date if their situation
changes so that they are able to provide
such evidence.
(f) If evidence in support of
designation of an FQHC or RHC site
under the criteria herein is provided
within the 90 day timeframe specified
in paragraph (d) of this section, or
during such additional time as the
Secretary may allow in paragraph (e) of
this section, the Secretary will review
the evidence submitted and make a
determination, within 60 days of
receipt. Such sites will remain on the
HPSA list until this determination is
made.
(g) After review of any information
provided as described in paragraph (f) of
this section, any FQHC or RHC clinical
site which the Secretary determines
does not meet the criteria herein shall
be removed from the HPSA list. The
FQHC or RHC involved will be so
notified, and subsequent published or
posted HPSA lists will not include such
sites.
4. Subpart B is added to read as
follows:
Subpart B—Criteria and Methodology for
Designation of Geographic Areas as
Medically Underserved Areas (MUAs) and
Primary Care HPSAs
Sec.
5.101 Applicability.
5.102 Criteria for designation of geographic
areas as MUAs and Primary Care HPSAs.
5.103 Identification of rational service areas
for the delivery of primary medical care.
5.104 Determination of adjusted
population-to-primary care clinician
ratio.
5.105 Contiguous area considerations.
Subpart B—Criteria and Methodology
for Designation of Geographic Areas
as Medically Underserved Areas
(MUAs) and Primary Care HPSAs
§ 5.101
Applicability.
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The following criteria and
methodology shall be used to designate
geographic areas as medically
underserved (under section 330(b) of the
Public Health Service Act) and as
primary care HPSAs (under section 332
of the Act).
§ 5.102 Criteria for designation of
geographic areas as MUAs and Primary
Care HPSAs.
A geographic area will be designated
both as a medically underserved area
(pursuant to section 330(b) of the Act)
and as a primary care HPSA (under
Section 332 of the Act) if it is
demonstrated, by such data and
information as the Secretary may
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require, that the area meets the
following criteria:
(a) The area meets the requirements
for a rational service area for the
delivery of primary medical care
services under § 5.103 of this part; and
(b) The area’s adjusted population-toprimary care clinician ratio/score,
computed under § 5.104 of this part,
equals or exceeds 3,000:1; and
(c) In the case of specific types of
areas identified in § 5.105 of this part,
resources in contiguous areas are shown
to be overutilized or otherwise
inaccessible, as defined in § 5.105 of
this part.
§ 5.103 Identification of rational service
areas for the delivery of primary medical
care.
(a) General definition: A rational
service area (RSA) is a geographically
delimited, continuous and cohesive area
around one or more population centers
within which a preponderance of the
population normally seeks and can
reasonably expect to receive primary
medical care services.
(b) Each rational service area should
be large enough to sustain services and
small enough to ensure that primary
medical care resources within the RSA
are accessible to the population of the
RSA within a reasonable travel time,
assumed to be 40 minutes for a frontier
area and 30 minutes for all other areas
unless the provisions of paragraph (g) of
this section are invoked by a State.
(1) Travel times in most areas shall be
measured by the estimated time
required to get from point A to point B
by principal roads in an automobile
traveling at the speed limit, in typical
traffic for the area, taking into
consideration the area’s terrain.
(2) Travel times within inner portions
of urban areas may be computed in
terms of travel by public transportation,
in areas with at least 20% of the
population under 100% of the poverty
level and/or a significant reliance on
public transportation (e.g. at least over
30% dependent according to the U.S.
Census.)
(c) Individual RSAs shall be defined
in terms of one or more contiguous U.S.
Census Bureau geographic units for
which census data are available (e.g.
counties, census tracts, census divisions
(MCDs/CCDs), or zip code tabulation
areas (ZCTAs), the boundaries of which
do not overlap with the boundaries of
another rational service area.
(d) Cohesiveness for paragraph (a) of
this section can be established by
demonstrating that the area:
(1) Is isolated from contiguous areas
due to topography, market or
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transportation patterns or other physical
barriers, or
(2) Has a homogeneous
socioeconomic composition different
from those in contiguous areas, and is
isolated from or has limited interaction
with contiguous communities and/or
access barriers to resources in those
areas, or
(3) Has a tradition of primarily
internal interaction or independence as
defined by transportation or market
patterns, or
(4) Is a single whole county.
(e) Size of an RSA shall be limited,
where an RSA has more than one
population center (towns of equivalent
size), by a maximum of 30 minutes
travel time between population centers
within a single RSA.
(f) Geographic separation of RSAs
(1) Geographic separation of RSAs
shall be measured by the travel times
between the population center(s) of one
RSA and those of contiguous RSAs,
normally involving a minimum of 30
minutes travel time between population
centers of different RSAs.
(2) Travel time from the population
center of an RSA to the population
center of a contiguous RSA may be less
than 30 minutes within metropolitan
statistical areas where established
neighborhoods and communities
display a strong self-identity (as
indicated by a homogeneous
socioeconomic or demographic
structure and/or a tradition of
interaction or interdependence), have
limited interaction with contiguous
areas, and, in general, have a population
density equal to or greater than 100
persons per square mile.
(g) RSA parameters determined by
State—
(1) RSA parameters different from
those defined in paragraph (f) of this
section, but within the ranges defined in
paragraph (g)(2) of this section, may be
used for RSA delineation within a State
if:
(i) Such parameters and the method
for defining RSAs to be used with those
parameters are adopted by the State
through a partnership approach with
affected State and community officials/
stakeholders and in consultation with
the Secretary, (ii) The RSA parameters
and method selected have the approval
of the State health department or other
designee of the Governor identified in
§ 5.3(b)(2) of this part, and
(iii) The final RSA approach to be
used has been reviewed by the Secretary
in advance of the State submitting
particular RSA definitions using its
approach.
(2) Permissible Ranges for RSA
parameters adopted by States:
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(i) The maximum travel time to assure
access to care within the RSA is set at
30 minutes in paragraph (b) of this
section and the maximum travel time
between population centers within the
RSA, set generally at 30 minutes in
paragraph (e) of this section, may be set
at any value greater than or equal to 20
minutes but less than or equal to 40
minutes, for non-frontier RSAs.
(ii) Maximum travel time to assure
access to care within a frontier or other
sparsely-populated RSA, set generally at
40 minutes in paragraph (e) of this
section, may be set at any value greater
than 30 minutes but less than or equal
to 60 minutes, where topography,
market, transportation, or other
conditions and patterns lead to
utilization of providers at greater
distances.
(iii) Separation between RSAs—
Minimum travel time from the
population center(s) of the RSA to the
population center of a contiguous RSA
may be set at any value greater than or
equal to 20 minutes and less than or
equal to 40 minutes.
(h) State-wide system. Each State is
encouraged to develop a State-wide
system which divides the territory of the
State into rational service areas (RSAs)
for the delivery of primary care services
within the State.
(1) This may be done all at once or
incrementally, by developing State RSA
criteria using the parameter ranges
defined above and a process for defining
the State’s RSAs according to those
criteria over a period of time. A full
statewide plan is encouraged to
maximize its effectiveness in improving
the designation process.
(2) Each State-wide system of rational
service areas or process for developing
State RSAs shall be developed in
consultation with the Secretary and be
approved by the State health
department or other designee of the
Governor.
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§ 5.104 Determination of adjusted
population-to-primary care clinician ratio.
The adjusted population-to-primary
care clinician ratio is computed as the
sum of the ‘‘barrier-free’’ population-toprimary care clinician ratio of an area,
calculated as in paragraph (a) of this
section, and the area’s High Need
Indicator score, calculated as paragraph
(b) of this section:
(a) Effective Barrier-Free Populationto Clinician Ratio for an area is
computed as follows:
(1) Estimate the primary care
utilization of the area’s population if no
barriers to accessing health care existed,
in total expected visits per year. This
shall be done by applying current
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national utilization rates for populations
without access barriers, to current data
on the population composition of each
area by age and gender. The national
utilization rates to be used for this
purpose (in visits per year, by age group
and gender) will be published in tabular
form by the Secretary from time to time.
The utilization rate table applicable at
the time of publication of this regulation
will be included in the preamble; later
updates will be made available
periodically but no more often than
annually.
(2) Divide the resulting total estimated
number of annual barrier-free visits for
the area by the national mean utilization
rate (consistent with the tabular
utilization data used and published
along with it) to obtain the area’s
effective (barrier-free) population.
(3) Where an area has a significant
number of migratory workers, homeless
persons, or seasonal residents, the
effective population calculated in
paragraph (a)(2) of this section may be
adjusted further by multiplying by the
factor [Resident Civilian Pop. +
Migratory workers & families +
Homeless + Seasonal Residents] /
Resident Civilian Pop., where these
quantities are defined as in paragraph
(c)(1) of this section. The residentcivilian population does include some
components of the homeless population,
so any additions should avoid
duplication.
(4) Calculate the ratio of the final
effective population to the area’s
number of FTE primary care clinicians,
calculated as discussed in paragraph
(c)(2) of this section, to determine the
area’s barrier-free population-to-primary
care clinician ratio.
(b) High Need Indicator Score.
(1) The High Need Indicator score for
an area is computed as the sum of the
area’s partial scores for each of the nine
variables listed in this paragraph (b)(1):
(i) Percentage of population below
200% of the federal poverty level;
(ii) Unemployment rate;
(iii) Percentage of population that is
non-White;
(iv) Percentage of population that is
Hispanic;
(v) Percentage of population that is
over age 65;
(vi) Population density;
(vii) Actual/expected death rate
(viii) Low birth weight birth rate
(ix) Infant mortality rate
(2) A current national Percentiles
Table IV–6 (relating raw scores for each
indicator to the national percentile
distribution of that indicator at the
county level) shall be used to determine
an area’s percentile rank for each high
need indicator at the time of proposed
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11275
designation or update. HRSA will
publish revised percentile tables as a
Notice in the Federal Register if there
are significant changes in the indicators
in paragraph (b)(1) in this section.
(3) The percentile rank for each
indicator shall then be converted to a
partial score, using the Scores Table IV–
7.
(4) The total High Need Indicator
score is computed as the sum of the
nine partial scores computed in
paragraph (b)(3) of this section for each
indicator.
(c) The barrier-free population-toprimary care clinician ratio/score, as
computed in paragraph (a) of this
section, is added to the High Need
Indicator Score, as computed in
paragraph (b) of this section, to obtain
the final adjusted population-to-primary
care clinician ratio.
(d) The threshold for designation is an
adjusted population-to-primary care
clinician ratio/score that exceeds
3,000:1.
(e) Calculation of specific variables
(1) Population counts. The population
of an area is the total resident civilian
population, excluding inmates and
residents of institutions, based on the
most recent U.S. Census data, adjusted
for increases/decreases to the current
year using the best available intercensus
projections, and making the following
adjustments, as appropriate:
(i) Migratory workers and their
families may be added to the adjusted
resident civilian population, if
significant numbers of migratory
workers are present in the area, using
the latest Migrant Health Atlas or best
available Federal or State estimates.
Estimates used must be adjusted to
reflect the percentage of the year that
migratory workers are present in the
area.
(ii) If an area includes significant
numbers of homeless individuals not
reflected in the census figures, and
reasonable estimates of their numbers
are available, these data may be
submitted for consideration as an
adjustment to the population of the area.
(iii) Where seasonal residents
significantly affect the effective total
population of an area, seasonal residents
(not including tourists) may be added to
the adjusted resident civilian
population, if supported by acceptable
State or local estimates. Estimates used
must be adjusted to reflect the
percentage of the year that seasonal
residents are present in the area.
(iv) Significant numbers of these
populations are indicated when the
numbers are large enough to reflect an
additional burden on the health care
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system that the census data do not
capture effectively.
(2) Counting of primary care
clinicians.
(i) In determining an area’s adjusted
population-to-primary care clinician
ratio for designation as a tier 1 shortage
area, clinicians shall be counted as
follows:
(A) All non-Federal doctors of
medicine (M.D.) and doctors of
osteopathy (D.O.) who provide direct
patient care and practice principally in
one of the four primary care specialties
(general or family practice, general
internal medicine, pediatrics, and
obstetrics and gynecology), shall be
included in clinician counts.
(B) All non-Federal nurse
practitioners, physician’s assistants, and
certified nurse midwives practicing in
primary care settings shall be included
in clinician counts, but with a
multiplier of:
(1) 0.5, or, at the applicant’s option,
(2) 0.8 times an additional factor
whose value is between 0.5 and 1.0,
depending on the scope of practice
allowed for each type of non-physician
clinician in the State involved. A table
of these factors for each State and for
each type of non-physician clinician
will be provided in the final regulation.
HRSA will publish an updated table of
these factors as a Notice in the Federal
Register if such updates become
available.
(C) Where clinicians are practicing
less than full-time, or have more than
one practice address, their contribution
to the total count may be reduced based
on their estimated full-time-equivalency
(FTE) practicing within the area being
considered, using available data.
(D) Each intern or resident physician
shall be 0.1 FTE physician
(E) Hospital staff physicians
practicing in organized outpatient
departments and primary care clinics
shall be counted only on an FTE basis,
based on their time in outpatient/
ambulatory settings, not in inpatient
care.
(F) The following shall be excluded
from primary care clinician counts:
(1) Practitioners who are engaged
solely in administration, research, or
teaching;
(2) Hospital staff physicians involved
exclusively in inpatient and/or in
emergency room care; and
(3) Clinicians who are suspended
under provisions of the MedicareMedicaid Anti-Fraud and Abuse Act,
during the period of suspension.
(ii) In determining an area’s adjusted
population-to-primary care clinician
ratio for designation as a tier 2 shortage
area, clinicians shall be counted as
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provided for above, except that the
following clinicians shall also be
excluded:
(A) Primary care clinicians who are
members of the National Health Service
Corps (NHSC), established by section
331(a) of the Act, are fulfilling a service
obligation incurred under the NHSC
Scholarship or Loan Repayment
Program (sections 338A and 338B of the
Act) or are fulfilling a service obligation
incurred under the State Loan
Repayment program (section 338I of the
Act);
(B) Physicians who are practicing in
the United States under a waiver of their
J–1 Visa requirements; and
(C) Primary care clinicians who are
providing services at a health center
receiving a grant under section 330 of
the Act and who are not otherwise
excluded under paragraphs (e)(2)(ii)(A)
or (B) of this section.
(iii) Counting of FTEs.
(A) Clinician count data in the
Department’s electronic designation
database (from national data, augmented
by State data where approved by the
Secretary) may be used by applicants
without adjustments for designation
purposes.
(B) If applicants prefer, they may
conduct surveys of the clinicians in
area(s) requested for designation. When
this is done, FTEs shall be computed
using such guidance as the Secretary
may provide.
(3) Data Sources for High Need
Indicators
(i) The Unemployment Rate, High
Need Indicator at paragraph (b)(1)(i)(B)
of this section, shall be calculated based
on the latest Bureau of Labor Statistics
unemployment data available for the
lowest-level area (county, city, place, or
other labor statistics area) that
comprises or includes the area.
(ii) Data for the percent below poverty
and demographic High Need Indicators
at paragraphs (b)(1)(i)(A) and (ii) of this
section, for an area shall be aggregated
from the latest available U.S. Census
data for the counties, census tracts,
census divisions or ZCTAs which
comprise the area, or from more recent
updates thereof if available and
approved by the Secretary.
(iii) The health status High Need
Indicators at paragraph (b)(1)(iii) of this
section shall be calculated based on the
latest available five-year average data
available, from DHHS or the State
involved, for the county of which the
service area is a part, unless the area is
a subcounty area and statistically
significant five-year average subcounty
data on these variables are available for
that subcounty area. For service areas
which cross county lines, a population-
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weighted combination of the rates for
the counties involved shall be used.
§ 5.105
Contiguous area considerations.
(a) An analysis of resources in areas
contiguous to the area being considered
for designation shall be required only if
the State involved has not developed a
system of RSAs, or has a partiallydeveloped system which does not
include all areas contiguous to the
requested area, and the population
center of the area for which designation
(or update of designation) is sought is
less than 30 minutes from the nearest
providers.
(b) Where contiguous area analysis is
required under paragraph (a) of this
section, resources in a particular
contiguous area will be deemed to be
overutilized or otherwise inaccessible if
any of the following conditions exists:
(1) All primary care clinicians in the
contiguous area are located more than
30 minutes travel time from the
population center(s) of the requested
area;
(2) The adjusted (or unadjusted)
population-to-FTE primary care
clinician ratio within the contiguous
area is in excess of 2000:1; or
(3) Primary care clinician(s) located in
the contiguous area appear to be
inaccessible to the population of the
requested area because of specific access
barriers, such as:
(i) A lack of economic access to
contiguous area resources, particularly
where a very high proportion of the
requested area’s population is poor, and
Medicaid-covered or public (sliding-feeschedule or free) primary care services
are not available in the contiguous area;
or
(ii) Significant differences exist
between the demographic
characteristics of the requested area and
those of the contiguous area (and its
clinicians), indicative of isolation of the
requested area’s population from the
contiguous area, such as language or
cultural difference.
5. Subpart C is added to read as
follows:
Subpart C—Criteria and Methodology for
Designation of Population Groups as MUPs
and/or Primary Care HPSAs
Sec.
5.201 Applicability.
5.202 General criteria for designation of
specific population groups as MUPs and/
or primary care HPSAs.
5.203 Criteria for designation of migratory
and seasonal agricultural workers as
primary care HPSAs.
5.204 Criteria for designation of homeless
populations as primary care HPSAs.
5.205 Criteria for designation of Native
American populations as primary care
HPSAs and MUPs.
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5.206 Requirements for ‘‘permissible’’
designation of other population groups
as MUPs.
Subpart C—Criteria and Methodology
for Designation of Population Groups
as MUPs and/or Primary Care HPSAs
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§ 5.201
Applicability.
(a) Certain specific population groups
will be designated as both MUPs and
primary care HPSAs if it is
demonstrated that the criteria in § 5.202
of this part are met when applied to data
on these population groups. These
specific population groups are:
(1) The low income population,
defined as that portion of an area’s
population whose incomes are below
200% of the poverty level.
(2) The Medicaid-eligible population
of the area.
(3) Linguistically-isolated
populations, defined as the Secretary
may with reference to census definitions
of linguistically-isolated households
and/or populations for whom English is
not spoken at all or is a second language
not spoken well.
(b) Migratory and seasonal
agricultural workers and their families
within specific service areas are defined
in law as ‘‘special medically
underserved populations’’. They will
also be designated as primary care
HPSAs if it is demonstrated that the
criteria in § 5.203 of this part are met.
(c) Homeless populations are defined
in law as ‘‘special medically
underserved populations’’. They will
also be designated as primary care
HPSAs if it is demonstrated that the
criteria in § 5.204 of this part are met.
(d) Residents of Public Housing are
defined in law as ‘‘special medically
underserved populations’’. They will
also be designated as primary care
HPSAs if it is demonstrated that the
criteria in § 5.202 of this part are met
when computed for the low income
population group residing in a
particular Public Housing community.
(e) Native American population
groups (including American Indian
tribes or Alaska Native entities) will be
designated as both MUPs and primary
care HPSAs if it is demonstrated that the
criteria in § 5.205 of this part are met.
(f) If an FQHC, RHC, or other public
or nonprofit private clinical site has
been designated as a safety-net facility
primary care HPSA under Subpart D,
§ 5.301 of this part (based on service to
significant numbers of uninsured and
Medicaid-eligible patients), the
population group of uninsured and
Medicaid-eligible patients served by the
clinical site shall be considered
designated as an MUP.
VerDate Aug<31>2005
18:17 Feb 28, 2008
Jkt 214001
(g) Other population groups
recommended by State and local
officials may be designated as MUPs
under unusual local conditions which
are a barrier to access to or availability
of health services, under procedures
described in § 5.206.
§ 5.202 General criteria for designation of
specific population groups as MUPs and/or
primary care HPSAs.
(a) Any of the specific population
groups identified in § 5.201(a) of this
part may be designated if it is
demonstrated, using such
documentation as the Secretary may
require, that the following criteria are
met when applied to data for the
population group:
(1) The area in which the population
group resides meets the requirements
for a rational service area under § 5.103
of this part;
(2) The rational service area in which
the population group resides does not
meet the criteria for designation as a
geographic area under § 5.102 of this
part;
(3) There are access barriers that
prevent the population group from
accessing primary medical care services
available to the general population of
the area, as demonstrated by an adjusted
population-to-primary care clinician
ratio computed for the population group
that equals or exceeds the 3000:1
designation threshold in § 5.104 of this
part.
(b) In calculating the adjusted
population-to-primary care clinician
ratio for a population group, the
methodology described in § 5.104 of this
part shall be used, except that:
(1) The group’s population shall be
used instead of the area’s population,
(2) The FTE clinicians available to the
population group shall be used rather
than those available to the area in
general (i.e. Medicaid FTE/claims and
sliding fee scale FTE for a low income
population), and
(3) High Need Indicators shall be
calculated based as nearly as possible
on their values for the applicable
population group within the service
area, using such approximations as the
Secretary may allow.
§ 5.203 Criteria for designation of
migratory and seasonal agricultural
workers as primary care HPSAs.
(a) Where data availability permits,
the method described in § 5.202 of this
part may be used to calculate an
adjusted population-to-primary care
clinician ratio for a population group
composed of migratory and seasonal
agricultural workers, and to compare
this ratio with the 3000:1 designation
PO 00000
Frm 00047
Fmt 4701
Sfmt 4702
11277
threshold, with these additional
conditions:
(1) For a migratory and seasonal
agricultural worker population group,
an agricultural area (as defined by the
Secretary) may be used as a rational
service area.
(2) The population of the migratory
and seasonal population group
identified must be adjusted by a factor
representing the fraction of the year that
this population is present in the area.
(b) Alternatively, a simplified
designation procedure may be used, as
follows:
(1) Define the boundaries of the
agricultural area or other service area
within which the migratory and
seasonal agricultural worker population
reside or temporarily reside for a
portion of the year.
(2) Provide data on the number of
individuals in the population group
(including workers and their families)
and the number of months they are
present in the area during a typical year.
(3) If the number of individuals times
the number of months divided by 12
exceeds 1000, this special medically
underserved population group will also
be considered a primary care HPSA,
with its population-to-primary care
clinician ratio assumed equal to 3000:1.
§ 5.204 Criteria for designation of
homeless populations as primary care
HPSAs.
(a) Where data availability permits,
the method described in § 5.202 of this
part may be used to calculate an
adjusted population-to-primary care
clinician ratio for a homeless population
group (or for a combined homeless and
other low-income population group),
and compare this ratio with the 3000:1
designation threshold. For such
population groups, the area in which
homeless populations congregate and/or
are sheltered may be used as a rational
service area.
(b) Alternatively, a simplified
designation procedure may be used, as
follows:
(1) Define the boundaries of the area
in which homeless populations
congregate and/or are sheltered.
(2) Provide data on the average
number of homeless individuals in the
defined area during a typical year, and
the average number of months they are
homeless.
(3) If the average number of homeless
individuals during a typical year
exceeds 1000, this special medically
underserved population group will also
be considered a primary care HPSA,
with its population-to-primary care
clinician ratio assumed equal to 3000:1.
E:\FR\FM\29FEP3.SGM
29FEP3
11278
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
§ 5.205 Criteria for designation of Native
American population groups as primary
care HPSAs and MUPs.
(a) Those American Indian tribes or
Alaska Native entities identified by the
Department of the Interior as federally
recognized are automatically designated
as population group primary care
HPSAs and MUPs and will be given a
baseline ratio of 3000:1.
(b) Where data availability permits,
the method described in § 5.202(b) of
this part may be used to calculate a
higher population-to-primary care
clinician ratio for a Native American
population group and/or to facilitate
scoring such a designation for purposes
of allocating program resources. For
such designations, a reservation may be
used as a rational service area.
mstockstill on PROD1PC66 with PROPOSALS3
§ 5.206 Requirements for ‘‘permissible’’
designation of other population groups as
MUPs.
The population of a service area that
does not meet the criteria at § 5.102 of
this part, or a population group that
does not meet the criteria in §§ 5.202
through 5.205 of this part, may
nevertheless be designated as an MUP if
the following requirements are met:
(a) The area or population group is
recommended for designation by the
Governor of the State in which the area
is located and by at least one local
official of the area. A local official for
this purpose may be—
(1) The chief executive of the local
governmental entity which includes all
or a substantial portion of the requested
area or population group (such as the
county executive of a county, mayor of
a town, mayor or city manager of a city);
or
(2) A city or county health official
(such as the head of a city or county
health department) of the local
governmental entity which includes all
or a substantial portion of the requested
area or population group.
(b) The request for designation is
based on the presence of unusual local
conditions, not covered by the criteria at
§ 5.102 and/or §§ 5.202 through 5.205 of
this part, which are a barrier to access
to or the availability of personal health
services in the area or for the population
group for which designation is sought.
(c) The request contains such
documentation as the Secretary may
require.
6. Subpart D is added to read as
follows:
Subpart D—Criteria and Methodology for
Designation of Facilities as Primary Care
Health Professional Shortage Areas
Sec.
VerDate Aug<31>2005
18:17 Feb 28, 2008
Jkt 214001
5.301 Criteria for designation of public and
nonprofit private medical facilities as
safety-net facility primary care HPSAs.
5.302 Criteria for designation of Federal and
State correctional institutions as primary
care HPSAs.
Subpart D—Criteria and Methodology
for Designation of Facilities as Primary
Care Health Professional Shortage
Areas
§ 5.301 Criteria for designation of public
and nonprofit private medical facilities as
safety-net-facility primary care HPSAs.
(a) A public or nonprofit private
medical facility, or a remote clinical site
of such a facility, which is located in a
geographic area that is not designated as
a geographic primary care HPSA under
Subpart B of this part, shall be
designated as a ‘‘safety-net-facility’’
primary care HPSA if the following
criteria are met:
(1) The facility or site is or is part of
an FQHC, RHC or other public or
nonprofit private medical facility which
provides primary medical care services
on an ambulatory or outpatient basis,
and
(2) The facility or clinical site is
identifiable as a safety-net facility based
on service to significant numbers of
uninsured and Medicaid-eligible
patients, as determined using payment
source data and the minimum
requirements by type of area described
in paragraph (b) of this section.
(b) Methodology. In determining
whether public or nonprofit private
facilities or clinical sites are safety-net
facilities for purposes of this
designation, the following methodology
will be used:
(1) The facility or particular site for
which designation is sought must meet
all of the following requirements:
(i) Currently provides full-time
ambulatory or outpatient primary
medical care;
(ii) Provides services regardless of an
individual’s ability to pay for such
services; and
(iii) Has a posted, discounted slidingfee-scale which is available to all
uninsured patients with incomes below
200% of the poverty line.
(2) Payment source criteria. Using
such documentation as may be required
by the Secretary, it must be
demonstrated that:
(i) At least 10% of all patients served
at each facility or clinical site (or group
of such sites, where payment source
data are available only for the group) are
indigent uninsured, receiving services
free or on a discounted sliding fee scale.
(ii) The number of patients served that
are paid under Medicaid, plus the
number who receive services free or on
PO 00000
Frm 00048
Fmt 4701
Sfmt 4702
a discounted sliding fee scale, as a
percentage of all patients served at each
facility or clinical site (or group of such
sites, where payment source data are
available only for the group) must equal
or exceed the following:
(A) 40% in metropolitan areas
(B) 30% in non-metropolitan, nonfrontier areas
(C) 20% of all patients in frontier,
non-metropolitan areas
§ 5.302 Criteria for designation of Federal
and State correctional institutions as
primary care HPSAs.
(a) Medium to maximum security
Federal and State correctional
institutions and youth detention
facilities will be designated as primary
care HPSAs, if both of the following
criteria are met:
(1) The institution has at least 250
inmates; and
(2) The institution has no primary
medical care clinicians, or the ratio of
the number of inmates per year to the
number of FTE primary care clinicians,
determined in accordance with
§ 5.104(e)(2) of this part, serving the
institution is at least 1,000:1.
(b) For purposes of this paragraph, the
number of inmates shall be determined
as follows:
(1) If the number of new inmates per
year and the average length-of-stay are
not specified, or if the information
provided does not indicate that intake
medical examinations are routinely
performed upon entry, then the number
of inmates is used.
(2) If the average length-of-stay is
specified as one year or more, and
intake medical examinations are
routinely performed upon entry, then
the number of inmates equals the
average number of inmates plus 0.3
multiplied by the number of new
inmates per year; or
(3) If the average length-of-stay is
specified as less than one year, and
intake examinations are routinely
performed upon entry, then the number
of inmates equals the average number of
inmates plus 0.2 multiplied by (1 +
ALOS/2) multiplied by the number of
new inmates per year, where ALOS is
the average length of stay, in fraction of
a year.
(c) Clinicians permanently employed
by the Federal Bureau of Prisons or by
States to provide services to Federal or
State prisoners shall be counted based
on the FTE services they provide,
calculated as provided for in
§ 5.104(c)(2).
7. Subpart E is added to read as
follows:
E:\FR\FM\29FEP3.SGM
29FEP3
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
Subpart E—Identification of Primary
Care Health Professional Shortage
Areas of Greatest Need
§ 5.401 Use of methodology for
identification of HPSAs of greatest need.
The adjusted population to clinician
ratios that are the result of the
calculations in the methodology will be
used as the relative scores to identify
those HPSAs of Greatest Need. Areas
will be ranked according to the ratios
calculated to determine an area’s
eligibility for designation.
11279
8. Appendix A to part 5 is revised to
read as follows:
Appendix A to Part 5—Scoring Table
for High Need Indicators Used in MUP
and Primary Care HPSA Designation
TABLE A–1.—SCORES FOR HIGH NEED INDICATORS, GIVEN THEIR NATIONAL PERCENTILES
mstockstill on PROD1PC66 with PROPOSALS3
Percentile
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
VerDate Aug<31>2005
Poverty
0.00
3.01
6.04
9.11
12.21
15.34
18.50
21.70
24.93
28.20
31.50
34.84
38.22
41.64
45.10
48.59
52.13
55.71
59.34
63.00
66.72
70.48
74.29
78.15
82.06
86.02
90.03
94.10
98.22
102.40
106.64
110.95
115.31
119.74
124.24
128.80
133.44
138.15
142.93
147.79
152.74
157.76
162.87
168.07
173.36
178.75
184.24
189.83
195.52
201.33
207.25
213.29
219.45
225.75
232.18
238.75
245.47
252.34
259.38
266.59
273.97
281.54
289.30
18:17 Feb 28, 2008
Unemp
Elderly
0.00
1.18
2.37
3.58
4.79
6.02
7.26
8.52
9.79
11.07
12.37
13.68
15.00
16.35
17.70
19.08
20.46
21.87
23.29
24.73
26.19
27.67
29.16
30.68
32.21
33.77
35.34
36.94
38.56
40.20
41.86
43.55
45.27
47.01
48.77
50.56
52.38
54.23
56.11
58.02
59.96
61.93
63.94
65.98
68.06
70.17
72.33
74.52
76.75
79.03
81.36
83.73
86.15
88.62
91.15
93.73
96.36
99.06
101.82
104.65
107.55
110.52
113.57
Jkt 214001
PO 00000
Density
0.00
0.54
1.09
1.65
2.21
2.77
3.34
3.92
4.51
5.10
5.69
6.30
6.91
7.53
8.15
8.78
9.42
10.07
10.72
11.39
12.06
12.74
13.43
14.12
14.83
15.55
16.27
17.01
17.75
18.51
19.28
20.05
20.84
21.64
22.45
23.28
24.12
24.97
25.83
26.71
27.61
28.51
29.44
30.38
31.33
32.31
33.30
34.31
35.34
36.39
37.46
38.55
39.66
40.80
41.96
43.15
44.37
45.61
46.88
48.18
49.52
50.89
52.29
Frm 00049
995.20
831.13
735.15
667.05
614.23
571.07
534.58
502.98
475.10
450.16
427.59
407.00
388.05
370.51
354.18
338.90
324.55
311.02
298.22
286.08
274.53
263.52
253.00
242.92
233.26
223.98
215.04
206.43
198.13
190.10
182.34
174.83
167.54
160.47
153.61
146.94
140.46
134.15
128.00
122.00
116.16
110.46
104.89
99.44
94.12
88.92
83.83
78.85
73.97
69.18
64.50
59.90
55.39
50.97
46.62
42.36
38.17
34.05
30.01
26.03
22.11
18.27
14.48
Fmt 4701
Sfmt 4702
Hispanic
Non white
0.00
0.81
1.64
2.47
3.31
4.15
5.01
5.88
6.75
7.64
8.53
9.44
10.35
11.28
12.21
13.16
14.12
15.09
16.07
17.07
18.07
19.09
20.12
21.17
22.23
23.30
24.39
25.49
26.61
27.74
28.89
30.05
31.23
32.43
33.65
34.89
36.14
37.42
38.72
40.03
41.37
42.73
44.12
45.53
46.96
48.42
49.90
51.42
52.96
54.53
56.14
57.77
59.44
61.15
62.89
64.67
66.49
68.35
70.26
72.21
74.21
76.26
78.36
E:\FR\FM\29FEP3.SGM
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.39
2.81
4.25
5.71
7.20
8.72
10.27
11.85
13.46
15.10
16.77
18.48
20.22
22.00
23.82
25.68
27.58
29.53
31.53
33.57
35.67
37.82
29FEP3
Death rate
0.00
0.82
1.65
2.49
3.33
4.19
5.05
5.93
6.81
7.70
8.60
9.52
10.44
11.37
12.32
13.27
14.24
15.22
16.21
17.21
18.22
19.25
20.29
21.34
22.41
23.49
24.59
25.70
26.83
27.97
29.13
30.30
31.49
32.70
33.93
35.18
36.45
37.73
39.04
40.37
41.72
43.09
44.48
45.90
47.35
48.82
50.32
51.85
53.40
54.99
56.60
58.25
59.94
61.66
63.41
65.21
67.04
68.92
70.84
72.81
74.83
76.89
79.02
LBW/IMR
0.00
0.72
1.44
2.17
2.91
3.65
4.40
5.17
5.93
6.71
7.50
8.29
9.10
9.91
10.73
11.57
12.41
13.26
14.12
15.00
15.88
16.78
17.68
18.60
19.53
20.48
21.43
22.40
23.38
24.38
25.39
26.41
27.45
28.50
29.57
30.66
31.76
32.88
34.02
35.18
36.36
37.55
38.77
40.01
41.27
42.55
43.86
45.19
46.54
47.92
49.33
50.77
52.24
53.74
55.27
56.83
58.43
60.07
61.74
63.46
65.21
67.02
68.87
11280
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
TABLE A–1.—SCORES FOR HIGH NEED INDICATORS, GIVEN THEIR NATIONAL PERCENTILES—Continued
Percentile
Poverty
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
Unemp
297.28
305.47
313.89
322.56
331.49
340.69
350.18
359.98
370.12
380.61
391.49
402.77
414.50
426.70
439.43
452.72
466.63
481.22
496.55
512.72
529.81
547.94
567.23
587.86
610.02
633.95
659.97
688.47
719.97
755.19
795.11
841.20
895.72
962.43
1048.45
1169.68
1376.93
Elderly
116.70
119.92
123.22
126.63
130.13
133.74
137.47
141.32
145.30
149.41
153.68
158.11
162.72
167.51
172.50
177.72
183.18
188.91
194.93
201.28
207.98
215.10
222.68
230.77
239.47
248.87
259.08
270.27
282.63
296.46
312.13
330.23
351.63
377.82
411.58
459.18
540.53
Appendix B to Part 5—Criteria for
Designation of Areas Having Shortages
of Dental Professionals
*
*
*
*
Appendices D, E, F, G [Removed]
10. Appendices D, E, F, and G of part
5 are removed.
PART 51c—GRANTS FOR
COMMUNITY HEALTH SERVICES
11. The authority citation for part 51c
is revised to read as follows:
mstockstill on PROD1PC66 with PROPOSALS3
Authority: 42 U.S.C. 216, 254c.
Definitions.
*
*
*
*
*
(e) Medically underserved population
means the population of an urban or
rural area which is designated as a
medically underserved population by
VerDate Aug<31>2005
18:17 Feb 28, 2008
Jkt 214001
10.75
7.08
3.47
-0.09
-3.60
-7.06
-10.46
-13.82
-17.13
-20.40
-23.62
-26.79
-29.93
-33.02
-36.08
-39.09
-42.07
-45.01
-47.92
-50.78
-53.62
-56.42
-59.19
-61.93
-64.63
-67.31
-69.95
-72.57
-75.15
-77.71
-80.24
-82.75
-85.23
-87.68
-90.11
-92.51
-94.89
Non white
80.52
82.74
85.02
87.37
89.79
92.28
94.85
97.51
100.25
103.10
106.04
109.10
112.27
115.58
119.03
122.63
126.39
130.35
134.50
138.88
143.51
148.42
153.65
159.23
165.23
171.72
178.76
186.48
195.02
204.56
215.37
227.85
242.62
260.69
283.99
316.83
372.97
40.03
42.30
44.63
47.03
49.50
52.05
54.68
57.39
60.20
63.11
66.12
69.24
72.49
75.87
79.39
83.07
86.93
90.97
95.21
99.69
104.42
109.44
114.79
120.50
126.64
133.26
140.47
148.36
157.08
166.84
177.89
190.66
205.75
224.23
248.05
281.62
339.02
§ 51c.203
*
Applications.
*
*
*
*
(b) * * *
(3) The results of an assessment of the
need that the population served or
proposed to be served has for the
services to be provided by the project
(or in the case of applications for
planning and development projects, the
methods to be used in assessing such
need), utilizing, but not limited to, the
PO 00000
Frm 00050
Fmt 4701
Sfmt 4702
Death rate
81.19
83.43
85.73
88.10
90.54
93.05
95.64
98.32
101.09
103.95
106.92
110.01
113.21
116.54
120.02
123.65
127.45
131.43
135.62
140.04
144.70
149.65
154.92
160.56
166.61
173.15
180.25
188.04
196.64
206.26
217.16
229.75
244.64
262.86
286.36
319.47
376.07
LBW/IMR
70.76
72.71
74.72
76.78
78.91
81.10
83.36
85.69
88.10
90.60
93.19
95.87
98.67
101.57
104.60
107.76
111.08
114.55
118.20
122.05
126.11
130.43
135.02
139.93
145.21
150.90
157.10
163.88
171.38
179.76
189.27
200.24
213.21
229.10
249.57
278.43
327.76
factors set forth in § 5.104 of this
chapter.
*
*
*
*
*
(d) If an application funded under this
part demonstrates that the grantee
would serve a designated medically
underserved population at the time of
application, then the grantee will be
assumed to be serving a medically
underserved population for the duration
of the project period, even if the
designation is withdrawn during the
project period.
14. Section 51c.203 is amended by
revising paragraph (a) to read as follows:
the Secretary under part 5 of this
chapter.
*
*
*
*
*
(k) Special medically underserved
population means a population defined
in section 330(g), 330(h), or 330(i) of the
Act. These include migratory and
seasonal agricultural workers, homeless
populations, and residents of public
housing, A special medically
underserved population is not required
to be designated in accordance with part
5 of this chapter.
13. Section 51c.104 is amended by
revising paragraph (b)(3) and adding
paragraph (d) to read as follows:
*
12. Section 51c.102 is amended by
revising paragraph (e) and adding
paragraph (k) to read as follows:
§ 51c.102
53.73
55.21
56.73
58.30
59.91
61.58
63.29
65.06
66.90
68.79
70.76
72.80
74.92
77.12
79.42
81.83
84.34
86.98
89.75
92.67
95.76
99.03
102.52
106.25
110.26
114.58
119.28
124.43
130.13
136.49
143.71
152.04
161.89
173.95
189.50
211.41
248.87
Hispanic
§ 51c.104
9. The heading for Appendix B to part
5 is revised to read as follows:
*
Density
Project elements.
*
*
*
*
(a) Prepare an assessment of the need
of the population proposed to be served
by the community health center for the
services set forth in § 51c.102(c)(1), with
special attention to the need of the
medically underserved population for
such services. Such assessment of need
shall, at a minimum, consider the
factors listed in § 5.103(b) of this
chapter.
*
*
*
*
*
E:\FR\FM\29FEP3.SGM
29FEP3
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Proposed Rules
Dated: May 23, 2005.
Betty Duke,
Administrator, Health Resources and Services
Administration.
Approved: March 26, 2007.
Michael O. Leavitt,
Secretary, Department of Health and Human
Services.
Editorial Note: This document was
received at the Office of the Federal Register
on February 21, 2008.
[FR Doc. E8–3643 Filed 2–28–08; 8:45 am]
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11281
Agencies
[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Proposed Rules]
[Pages 11232-11281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3643]
[[Page 11231]]
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Part III
Department of Health and Human Services
-----------------------------------------------------------------------
42 CFR Parts 5 and 51c
Designation of Medically Underserved Populations and Health
Professional Shortage Areas; Proposed Rule
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 /
Proposed Rules
[[Page 11232]]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Part 5 and 51c
RIN 0906-AA44
Designation of Medically Underserved Populations and Health
Professional Shortage Areas
AGENCY: Department of Health and Human Services (DHHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would revise and consolidate the criteria
and processes for designating medically underserved populations (MUPs)
and health professional shortage areas (HPSAs), designations that are
used in a wide variety of Federal government programs. These revisions
are intended to improve the way underserved areas and populations are
designated, by incorporating up-to-date measures of health status and
access barriers, eliminating inconsistencies and duplication of effort
between the two existing processes. These revisions are intended to
reduce the effort and data burden on States and communities by
simplifying and automating the designation process as much as possible
while maximizing the use of technology. No changes are proposed at this
time with respect to the criteria for designating dental and mental
health HPSAs. Podiatric, vision care, pharmacy, and veterinary care
HPSAs, which are no longer in use, would be abolished under the rules
proposed below.
Additional background information will be available for review on
the web site of the Health Resources and Services Administration:
https://bhpr.hrsa.gov/shortage. The methodology is also described in a
journal article recently published in the Journal of Health Care for
the Poor and Underserved entitled ``Designating Places and Populations
as Medically Underserved: A Proposal for a New Approach'' (Ricketts et
al, 2007).
DATES: Comments on this proposed rule are invited. In particular,
comments are invited regarding the indicators of need and the weighted
values of the health care practitioners used in the methodology. To be
considered, comments must be submitted on or before April 29, 2008.
ADDRESSES: 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.regulations.gov. Click on the
link ``Submit electronic comments on HRSA 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: Health Resources and Service
Administration, Department of Health and Human Services, Attention: Ms.
Andy Jordan, 8C-26 Parklawn Building, 5600 Fishers Lane, Rockville, MD
20857.
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
original and two copies) to the following address only: Health
Resources and Service Administration, Department of Health and Human
Services, Attention: Ms. Andy Jordan, 8C-26 Parklawn Building, 5600
Fishers Lane, Rockville, MD 20857.
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 Rockville address, please call
telephone number (301) 594-0816 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 8C-26 Parklawn
Building, 5600 Fishers Lane, Rockville, MD 20857. (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 HRSA 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.
Submission of comments on paperwork requirements. You may submit
comments on this document's paperwork requirements by mailing your
comments to the addresses provided at the end of the ``Collection of
Information Requirements'' section in this document.
FOR FURTHER INFORMATION CONTACT: Andy Jordan, 301-594-0197.
SUPPLEMENTARY INFORMATION: The Secretary of Health and Human Services
proposes below a consolidated, revised process for designation of
Medically Underserved Populations (MUPs) pursuant to section 330(b)(3)
of the Public Health Service Act (as amended by the Health Centers
Consolidation Act of 1996, Public Law 104-299), 42 U.S.C. 254b, and for
designation of Health Professional Shortage Areas (HPSAs) pursuant to
section 332 of the Act (as amended by the Health Care Safety Net
Amendments of 2002, Pub. L.107-251), 42 U.S.C. 254e. Currently,
regulations at 42 CFR Part 5 govern the procedures and criteria for
designation of HPSAs, while designation of MUPs has been carried out
under the Grants for Community Health Services regulations at 42 CFR
Part 51c.102(e), and implementing Federal Register notices.
Table of Contents
I. Background
A. Explanation of Provisions
B. Current Uses of Designations
II. Revising the methodology and designation mechanisms
A. Relevant Statutes
B. Purpose of revising the methodology and designation process
III. Development of Methodology to Achieve Goals
A. 1998 NPRM and summary of comments received
B. Development of method proposed in this NPRM
IV. Description of Conceptual Framework and Methodology and
Alternatives Considered
A. Conceptual Framework
B. Methodology
C. Example Calculations
D. Alternative Approaches Considered
V. Description of Proposed Regulations
A. Procedures (Subpart A)
B. General Criteria for Designation of Geographic Areas as MUAs/
Primary Care HPSAs
C. Rational Service Areas
D. Applying the Designation Methodology
E. Data definitions.
F. Population and clinician counts.
G. Non-physician primary care clinicians
H. Contiguous Area Considerations.
I. Population group designations
J. ``Facility Designation Method'': Designation of facility
primary care HPSAs
K. Dental and mental health HPSAs
L. Podiatry, vision care, pharmacy and veterinary care HPSAs
M. Technical and conforming amendments
VI. Impact Analysis
A. Impact on Number of HPSA Designations
B. Impact on Number of MUA/P Designations
C. Impact on number of unduplicated HPSA/MUP designations
D. Impact on Population of all Designated HPSAs and/or MUPs
E. Impact on Number of CHCs Covered by Designations
[[Page 11233]]
F. Impact on Number of NHSC Sites Covered by Designations
G. Impact on Number of RHCs Covered by Designations
H. Impact on Distribution of Designations by Metropolitan/Non-
Metropolitan and Frontier Status
I. Impact on Distribution of Population of Underserved Area and
Underserved Populations by Metropolitan/Non-Metropolitan and
Frontier Status
J. Impact of Practitioner ``Back-outs'' on Number of
Designations and Safety-Net Providers
VII. Economic Impact
VIII. Information Collection Requirements under Paperwork Reduction
Act of 1995
IX. Appendix A: References
X. Appendix B: A Proposal for a Method to Designate Communities as
Underserved: Technical Report on the Derivation of Weights
I. Background
An earlier version of proposed rules for a consolidated, revised
MUP/HPSA designation methodology and implementation process was
published on September 1, 1998 [63 FR 46538-55]. Those proposed rules
generated nearly 800 public comments, principally concerning the
perceived high impact in terms the safety-net programs which would have
lost their existing designations if the rule were finalized. Comments
were also received on several other important issues related to the
methodology, types of primary care clinicians included, and data
collection burden. On June 3, 1999, a Federal Register document was
published [64 FR 29831] which extended the comment period based on the
large volume of comments received and the level of concern expressed.
In light of the volume of comments, it was determined that the impact
of the proposal as published would be more carefully tested, possible
revisions and alternative approaches developed as necessary, and a new
notice of proposed rulemaking (NPRM) would be published.
A. Explanation of Provisions
This proposed rule describes a revised methodology which combines
indicators of diminished access to health care services, shortages of
health professionals, and reduced health status. Developed by a
research team at the University of North Carolina's Cecil G. Sheps
Center in consultation with staff from the Health Resources and
Services Administration (HRSA) and a group of State partners in the
designation process, this approach was also tested with a comprehensive
impact analysis (see section VI).
This proposed rule will replace the existing Part 5 with
regulations governing both MUP and HPSA designations, and will make
conforming changes to Part 51c. Together, these changes meet the
legislative requirements for both MUP designation and HPSA designation,
while consolidating the two processes to the greatest extent possible
given the differences in the two authorities. This combined metric,
which we propose to call ``the Index of Primary Care Underservice,''
will replace the existing MUP and HPSA criteria and procedures, while
maintaining the two separate designations in order to meet the
legislative requirements of the relevant statutes. Note that the
abbreviation MUP used here includes not only population group
designations but also the populations of designated geographic areas,
also known as medically underserved areas or MUAs. Similarly, the
abbreviation HPSA includes not only geographic area designations, but
also population group and facility designations.
Pursuant to Section 302(b) of the Health Care Safety Net Amendments
of 2002, a copy of this NPRM will be submitted to the Committee on
Energy and Commerce of the House of Representatives and to the
Committee on Health, Education, Labor and Pensions of the Senate upon
or before the date of its publication, in fulfillment of the statutory
requirement for a report to those committees describing any regulation
that revises the definition of a health professional shortage area.
HRSA has also asked a panel of outside experts to review the proposed
methodology and provide an assessment of its appropriateness, validity,
and general approach.
These regulations will not be finalized until the public comment
period referenced above is over, and any comments received during that
time from the public, the panel of outside experts, and from the
referenced House and Senate Committees have been taken into
consideration. Moreover, this rule will not be finalized until 180 days
after delivery of the report to the Congressional committees identified
above, in accordance with statute.
B. Current Uses of Designations
The MUP and HPSA designations are currently used in a number of
Departmental programs. The major use of MUP designations is as a basis
for eligibility for grant funding of health centers under sections
330(c) and (e) of the Act, which require that these health centers
serve medically underserved populations. The major use of HPSA
designations is by the National Health Service Corps (NHSC); health
professionals placed through the NHSC can be assigned only to
designated HPSAs.
Other health centers not funded by section 330 grants but otherwise
meeting the definition of a health center in section 330(a)--including
those which provide services to a MUP--may be certified by the Centers
for Medicare and Medicaid Services (CMS) upon recommendation by HRSA as
federally qualified health center (FQHC) look-alikes. FQHC look-alikes,
like all health centers funded under Section 330, are eligible for
special Medicare and Medicaid reimbursement methods.
Clinics in rural areas designated either as an MUA or as a
geographic or population group HPSA, and whose staff include nurse
practitioners and/or physician assistants, may be certified by CMS as
Rural Health Clinics (RHCs). These RHCs are also eligible for special
methods for determining Medicaid and Medicare reimbursement.
Physicians delivering services in an area designated as a
geographic HPSA are eligible for the Medicare Incentive Payments (MIP)
of an additional 10 percent above the Medicare reimbursement they would
otherwise receive. The Medicare Modernization Act of 2003 included
beneficial changes to this incentive program. Payments to providers are
now automated based on the zip codes of the providers, and the
information on eligibility is now available on the CMS Web site. The
MIP, also known as the HPSA Bonus Payment, is distinct from the
Physician Scarcity Area Program, which does not use HRSA designations
in determining eligibility.
Interested Federal Government Agencies and State Health Departments
can also recommend waiver of the return-home requirements for an
International Medical Graduate physician who came to the United States
on a J-1 visa, in return for three years of service by that physician
in a particular HPSA or MUA.
In addition, a number of health professions programs funded under
Title VII of the Public Health Service Act give preference to
applicants with a high rate of training health professionals in
medically underserved communities and/or for placing graduates in
medically underserved communities, defined (in Section 799B of the Act)
to include both HPSAs and MUPs.
For most of the programs that use these designations, designation
of the area or population to be served is a necessary but not
sufficient condition for allocation of program resources, in that other
eligibility requirements must also be met and/or there is competition
[[Page 11234]]
among eligible applicants for available resources.
II. Revising the Methodology and Designation Mechanisms
A. Relevant Statutes
Authorizing Statutes
The current HPSA criteria date back to 1978, when they were issued
under Section 332 of the Public Heath Service (PHS) Act, as amended in
1976; their predecessor, the ``Critical Health Manpower Shortage Area''
or CHMSA criteria, dates back to the 1971 legislation creating the
NHSC. Section 332(b) of the Public Health Service Act states that the
Secretary shall take into consideration the following when establishing
criteria for the designation of areas, groups, or facilities as HPSAs:
(1) The ratio of available health manpower to the number of individuals
in an area or population group, and (2) Indicators of a need for health
services, notwithstanding the supply of health manpower.
The current MUA/P criteria date back to 1975, when they were issued
to implement legislation enacted in 1973 and 1974 creating grants for
Health Maintenance Organizations (HMOs) and Community Health Centers
(CHCs), respectively. Section 330(b)(3) of the Public Health Service
Act defines ``medically underserved population'' as the population of
an urban or rural area designated by the Secretary of Health and Human
Services as an area with a shortage of personal health services, or a
population group designated by the Secretary as having a shortage of
such services. No specific criteria were included in the statute.
Health Care Safety Net Amendments of 2002
The Health Care Safety Net Amendments of 2002, Public Law 107-251,
as amended by Public Law 108-163, included modification of Section 332
to require the ``automatic'' designation as HPSAs of all FQHCs and RHCs
meeting the requirements of Section 334 (concerning the provision of
services without regard to ability-to-pay) for at least six years.
After six years, such entities must demonstrate that they meet the
designation criteria for HPSAs, as then in force.
This legislative provision appears to have had two major goals:
1. To avoid requiring FQHCs or RHCs from going through two separate
designation processes. Given that most FQHCs must demonstrate service
to an MUP in order to be funded (or to be certified as an FQHC look-
alike), it was deemed unnecessary to also require these entities to
obtain a HPSA designation in order to apply for placement of NHSC
clinicians. Similarly, every RHC must obtain one of several types of
designation in order to achieve RHC status (either a HPSA, MUA, or
Governor Designated and Secretary Certified Shortage Area designation);
arguably, those for whom this was not a HPSA designation should not be
required to obtain a second type of designation to apply for NHSC. (It
is worth noting that this goal will be met once the regulations herein
are in force, since areas and population groups designated or updated
under the criteria herein would be both HPSAs and MUPs, eligible for
the FQHC, RHC and NHSC programs).
2. To allow a long transition period for phasing in the new
designation criteria as they might affect existing projects. Existing
FQHCs and RHCs will have plenty of time to show that the areas where
they are located, the populations they serve, or the facilities
involved in fact meet the new criteria, so that their services will not
be disrupted due to the criteria change.
Although an extensive impact analysis of the proposed new criteria
has been conducted to demonstrate that such disruption is unlikely in
all but a few cases, this legislatively required smooth transition
should ease concerns about the changes and allow plenty of time to
adapt to the new designation criteria.
B. Purpose of Revising the Methodology and Designation Process
As previously stated, the current HPSA and MUA/P criteria date back
to the 1970s. The original CHMSA criteria required that a simple
population-to-primary care physician ratio threshold be exceeded to
demonstrate shortage. The HPSA criteria went further and allowed a
lower threshold ratio for areas with high needs as indicated by high
poverty, infant mortality or fertility rates, and for population groups
with access barriers. The original MUA/P criteria, still in effect,
employ a four-variable Index of Medical Underservice, including percent
of the population with incomes below poverty, population-to-primary
care physician ratio, infant mortality rate and percent elderly.
Since the time these designation criteria were first developed,
there has been an evolution both in the types of requests for
designation received and the application of the HPSA criteria. Instead
of relatively simple geographic area requests, such as whole counties
and rural subcounty areas, more requests have been made for urban
neighborhood and population group designations. The availability of
census data on poverty, race, and ethnicity at the census tract level
has enabled the delineation of urban service areas based on their
economic and race/ethnicity characteristics. Areas with concentrations
of poor, minority and/or linguistically isolated populations have
achieved area or population group HPSA designations based on their
limited access to physicians serving other parts of their metropolitan
areas. As a result, the differences between HPSA and MUA/P designations
have become less distinct.
The methodology for identifying underserved areas, as well as the
process by which interested State and community parties can obtain
designation as underserved areas, are being revised to accomplish
several goals and alleviate problems associated with the existing
methods of designation.
In revising the underlying methodology for identifying underserved
areas, our goals were to create a new system that:
(a) Is simple to understand for those who seek designation;
(b) is intuitive and has face validity;
(c) incorporates better measures or correlates of health status and
access;
(d) is based on scientifically recognized methods and is
replicable;
(e) minimize unnecessary disruption; and
(f) constitutes an improvement over current methods in fairly and
consistently identifying places and people who are in need of primary
health care and who encounter barriers to meeting those needs.
In revising the designation process, our goals were to:
(a) Consolidate the two existing procedures, sets of criteria, and
lists of designations;
(b) make the system more proactive and better able to identify new,
currently undesignated areas of need and areas no longer in need;
(c) automate the scoring process as much as possible, making
maximum use of national data and reducing the effort at State and
community levels associated with information gathering for designation
and updating;
(d) expand the State role in the designation process, with special
attention to the State role in definition of rational service areas;
(e) reduce the need for time-consuming population group
designations, by specifically including indicators representing access
barriers experienced by these groups in the criteria applied to area
data.
[[Page 11235]]
These goals are explained more fully below. We believe the proposed
methodology and designation process address all of these goals and
therefore offers a significant improvement in the identification of
communities experiencing limited access to primary care services. In
turn, we believe these revisions will assist the Department in
targeting key resources more effectively to areas of greater relative
need for assistance.
1. Methodological Goals
Simplicity
The new underservice measure must be understandable and usable by
those who seek designation. In this vein, we decided the new
methodology should continue to use the population-to-provider ratio as
the fundamental metric of underservice because such ratios are well-
recognized and understood by the program participants and would provide
some continuity between a new proposal and the older methods that
included the ratios very prominently in the calculations. Discussions
with the federal agencies and stakeholder groups during the development
of the revised approach also revealed a preference for using that
metric as the basis for a revised method.
Face Validity
The new underservice measure must be intuitive and have face
validity. For example, factors that reflect progressively worse access
should result in proportionately increasing scores.
Incorporate Better Measures or Correlates of Health Status and Access
While both designation statutes speak of the inclusion of health
status indicators, the only specific measure of health status
historically mentioned in either statute or included in the existing
designation criteria is infant mortality rate.
Low birthweight rate is a more robust indicator of health status
because there are more events per unit population. Because both infant
mortality and low birthweight rate are nationally available for all
counties and for a limited number of sub-county areas (generally, for
places of population 10,000 or more), these measures were incorporated
in the proposed methodology. In addition, a new measure of actual/
expected death rate (standardized mortality ratio) is incorporated.
As described in more detail in section IV, this methodology further
incorporates other correlates of health status and access, such as
ethnic minority status and unemployment, based on ready national
availability of data and the health inequalities literature.
Science-Based
The new underservice measure must be based on scientifically
recognized methods and be replicable. For example, the current Index of
Medical Underservice comprises four variables, each of which
contributes approximately a quarter to the maximum score. In other
words, each of the four variables are weighted equally. However, there
is no empirical justification for why the income variable should have a
weight equal to the infant mortality rate variable. Rather, in
designing the new methodology, we believed the contribution of each
variable to an overall measure should be based on some verifiable
statistical relationship. As discussed further in section IV, the new
methodology used an overall conceptual framework to describe access and
used analytical techniques such as regression and factor analysis to
arrive at the weighting/scoring system proposed herein.
Minimize Unnecessary Disruption
Partly due to the Health Care Safety net Amendments of 2002, as
described earlier, we have attempted to achieve a reasonable transition
to this new methodology for underserved areas. Though the revised
designation method will not (and should not) generate the exact same
designations as the previous method, we have attempted to minimize
unnecessary disruption where applicable. The new measure will allow us
to better focus the designations to more needy areas and populations.
Acceptable Performance
The new system must perform better than the current designation
criteria using updated data, and it should be seen as an improvement by
the multiple key stakeholder groups who rely on these designations. We
used many different evaluating criteria for this guiding principle, but
the fundamental criterion we used is whether the method fairly and
consistently identifies places and people who were in need of primary
health care and who had barriers to meeting those needs.
2. Designation Process Goals
Consolidation and Simplification
The separate statutes authorizing MUP and HPSA designations address
the same fundamental policy concern: That is, the identification of
those areas and populations with unmet health care needs for the
purpose of determining eligibility for certain Federal health care
resources. The existence of two similar but quite distinct procedures
and sets of criteria has been confusing to many and has often led to
contradictory or inconsistent results.
The legislative requirements for the two designations are similar
in many respects, but the designation processes have, until now, been
largely separate. A major reason for the disparity in the designation
process is that regular updating of HPSAs is required by statute,
though such updating is not statutorily required for the MUA/Ps and has
not regularly been done.
The rules proposed below attempt to establish uniform procedures
and criteria, not only to simplify the designation process for the
agencies, communities, entities, and individuals involved, but also to
increase the efficient and effective use of Departmental resources. To
do so, all the legislatively mandated elements of both statutes are
included in the proposed procedures. The revised criteria for
geographic HPSAs and MUAs are identical, as are those for most types of
MUPs and corresponding population group HPSAs, wherever permitted by
statutory requirements. Since facility designations are only authorized
for HPSAs, this is one domain for which the two could not be the same.
Proactivity
The proposed methodology can be applied using national data
obtained by HRSA and made available to State partners in the
designation process, thereby enabling more universal application of the
designation criteria. Applicant familiarity with the designation
process should also become less of a factor in obtaining designation,
and the need for independent data collection by applicants will be less
of a barrier and burden.
The national databases include updated versions of the data used in
the development of this methodology: Provider data from appropriate
professional associations, such as the American Medical Association
(AMA) physician data; socio-demographic data from the U.S. Census
Bureau or a vendor which produces intercensal estimates; unemployment
data from the Department of Labor; and health status data from the
National Center for Health Statistics. At the same time, States and
communities will continue to have the opportunity to substitute State
and local data for the national data if the State and local data are
more reliable and/or more current. Data from recognized sources such as
State Data Centers, economic forecasting agencies such as J.D. Powers,
and similar entities, and
[[Page 11236]]
that are used for other state purposes may be submitted. Provider data
may be secured from a variety of sources: State licensing boards, state
or local professional societies, professional directories, etc. Data
sources, methodologies, and dates must be specified.
Automation
The proposed methodology will enable a more automated process for
designation, through the use of a tabular method for scoring areas and
updating these scores. The new method makes considerable use of census
variables for which data are available not only at the county level but
also at subcounty levels (e.g., for census tracts and census
divisions), so that a wide variety of State- and community-defined
service areas can be evaluated for possible designation. Also, an
interactive system for processing designation requests and updates will
permit State partners in the designation process to work together with
the federal designation staff using the same databases. The intent is
to minimize the effort required by States, communities, and other
entities to designate an area or update its designation.
Increased State Role
The proposed approach seeks to foster an increased partnership
between the various levels of government involved in designation,
including a significantly larger State and local role in defining
service areas, underserved population groups and unusual local
conditions. The new criteria are less prescriptive in terms of travel
time and mileage standards for defining service areas.
Each State will be encouraged to define, with community input and
in collaboration with the Secretary, a complete set of rational service
areas (RSA) covering its territory. Once developed, these service areas
will be used in underservice/shortage area designations unless and
until new census data or health system changes require further area
boundary changes. Currently the agency allows States to provide their
own provider data through a new interactive system. States with more
reliable data can substitute them for national data, which will reduce
the time required for case-by-case review.
Reduce the Need for Population Group Designations
Designation of population groups is typically more resource-
intensive than designation of geographic areas, both from the
standpoint of data collection (since obtaining data for a particular
population is often more difficult than for the area as a whole) and in
terms of review. As discussed below, specific indicators included in
the proposed approach represent the access barriers of poverty/low
income, unemployment, racial minority or Hispanic ethnicity, population
density and population over 65 years. This approach specifically
adjusts an area's base population-to-primary care clinician ratio for
the effects of these variables. Therefore, it is hoped that this method
will reduce the need for specific population group designations by
increasing the probability of designation of geographic areas with
concentrations of these groups.
III. Development of Methodology To Achieve Goals
A. 1998 NPRM and Summary of Comments Received
Following consultation with two panels of experts and in-house
impact testing, an NPRM to revise the designation methodology was
published on September 1, 1998. Those proposed rules (referred to
hereinafter as ``NPRM1'') would have created one process for
simultaneous designation of MUPs and HPSAs; set forth revised criteria
for designation of MUPs using a new Index of Primary Care Services
(IPCS); and defined HPSAs as a subset of the MUPs, consisting of those
MUPs with a population-to-practitioner ratio exceeding a certain level.
The use of RSAs would have been required for application of both the
MUP and HPSA criteria.
The IPCS score would have been calculated based on a weighted
combination of seven variables: Population-to-primary care clinician
ratio, percent population below 200% poverty, percent population racial
minorities, percent population Hispanic, percent population
linguistically isolated, infant mortality rate or percent low
birthweight births, and low population density. The maximum possible
IPCS score would have been 100, and RSAs whose IPCS score equaled or
exceeded 35 would qualify for MUP designation.
In counts of primary care clinicians, nurse practitioners (NP),
physician assistants (PA), and certified nurse midwives (CNM) would
have been included with a weight of 0.5 full time equivalents (FTE)
relative to primary care physicians. There would have been two tiers of
designations, with the first tier consisting of those areas which meet
the criteria when all primary care clinicians practicing in the area
are counted, and the second tier consisting of those additional areas
which meet the criteria when certain categories of practitioners (NHSC
assignees and those practicing in CHCs) are excluded from clinician
counts.
HPSA designation would have required a minimum population-to-
primary care physician ratio of 3,000:1, but this threshold could only
be applied to those RSAs found to have an IPCS score which exceeded the
MUP designation threshold of 35.
The period for public comment on the 1998 proposed rule was
extended to January 4, 1999. Over 800 comments were received, analyzed,
and categorized. Major issues raised are summarized briefly below:
1. Impact in Terms of Designations Lost--Many commenters estimated
that unacceptably high numbers of HPSA designations would be lost in
their State if the proposed methodology were adopted, particularly in
rural and frontier areas, as well as significant numbers of MUPs. They
believed that the impact stated in NPRM1's preamble, in terms of
percentages of designations lost, was substantially underestimated.
2. Inclusion of nonphysician primary care providers--A number of
commenters objected to the inclusion of NPs/PAs/CNMs in primary care
clinician counts, based on the additional burden on applicants of
counting them, and cited the lack of adequate State or national
databases for these clinicians. Others questioned the reasonableness of
weighting them at 0.5 FTE relative to a primary care physician.
Typically, responding NPs, PAs, CNMs, professional organizations
representing them, and certain other health care advocates felt the 0.5
should be adjusted upward; others felt it should be adjusted downward,
particularly in States where the scope of practice of these clinicians
is limited. There were also concerns that NPs, PAs and CNMs who were
not in clinical, primary care practice would be inadvertently counted
if available data were used, and that truly underserved areas would
lose designation as a result.
3. Threshold for HPSA Designation--The proposed 3,000:1 population-
to-primary care clinician threshold ratio for HPSA designation was
considered too high by many commenters, especially if NPs/PAs/CNMs were
to be counted as well as primary care physicians.
4. Urban/Rural Balance--Many of the indicators selected for
inclusion in the new IPCS (such as race, Hispanic ethnicity, linguistic
isolation, and low birthweight births), were viewed as tending to bias
the new index toward designation of urban areas (as compared with
indicators like percent elderly,
[[Page 11237]]
which had been included in the previously-used Index of Medical
Underservice and was seen as favoring rural areas).
5. HPSAs required to be a subset of MUPs--the proposed requirement
that an area could receive HPSA designation only if it first qualified
as an MUP (by having an IPCS score which exceeded the 35 threshold) was
seen as threatening many legitimate currently-designated HPSAs (i.e.,
HPSAs with population-to-practitioner ratios higher than 3000:1 but
whose poverty rates and scores on other IPCS variables were not high
enough to achieve the IPCS threshold).
6. Two-tiered Designations--The idea of two-tiered designations was
generally supported, but an issue arose as to which federally-supported
primary care clinicians should be excluded from counts in tier 2. Most
agreed that NHSC assignees and physicians in CHCs should be excluded
(as the proposed rule did). Many felt that those physicians on J-1
waivers should also be excluded from tier 2 counts, and some suggested
that primary clinicians in other safety-net settings (such as RHCs or
State-funded health centers) should also be excluded.
On June 3, 1999, notice was given in the Federal Register that
further analysis would be conducted, to include a thorough, updated
analysis of the impact of the proposed approach as published, as well
as the testing of alternatives based on analysis of the comments
received. The Notice indicated that these impact analyses would be
applied to the most current obtainable national data for all counties
and currently-defined subcounty MUPs and HPSAs, and that one or more
outside organizations would verify the impact testing. A new NPRM would
then be published for public comment.
B. Development of Method Proposed in This NPRM
During the remainder of 1999, HRSA acquired components of the
national databases necessary for impact testing, such as practice
addresses for primary care physicians, PAs, NPs, and CNMs. An extensive
data cleaning and provider site geocoding process ensued.
Simultaneously, HRSA began working with researchers at HRSA-funded
Rural Health Research Centers and Health Professions Workforce Centers
to develop specifics of the plan for further analysis and testing.
Ultimately, the Cecil G. Sheps Center of the University of North
Carolina (UNC) was funded to undertake national testing of the
previously-proposed methodology in NPRM1 and alternative methodologies,
and to coordinate efforts by other research groups who would do State
or regional testing.
In January 2000, a group of sixteen State Primary Care Office (PCO)
representatives volunteered to assist by providing recommendations for
a revised approach to designation from their standpoint, as the ones
primarily responsible for providing data to HRSA in support of
designation requests and updates for their States. This led to a series
of conference calls, a two-day meeting, and eventual preparation of
draft recommendations for consideration by the appropriate federal
officials. Meanwhile, researchers at the Sheps Center were considering
alternative methodologies for simultaneous consideration of various
indicators of shortage and underservice. The two groups met on several
occasions to coordinate efforts; the methodology finally developed by
Sheps researchers and used as the basis for these proposed rules was
consistent with the recommendations of the group of PCOs.
Over time, the following specific steps took place:
(a) A comprehensive database for impact testing was established.
This entailed: ``cleaning'' and geocoding the various physician
databases acquired (from professional associations and from federal and
State agencies approving J-1 visa waivers), and matching them with each
other and with HRSA's NHSC database; similar activity for data acquired
on non-physician primary care clinicians (NP/PA/CNM); adding geocoded
location data for HHS-sponsored safety-net provider sites, including
CHCs, NHSC sites and RHCs; and the inclusion of appropriate Census data
(or vendor-supplied intercensal estimates for Census variables) as well
as data on other health status and access-related variables.
(b) The group of sixteen PCOs developed their recommended approach
to a new designation methodology and provided their recommendations to
HRSA staff. Their original recommendation was essentially to expand the
number of high need indicators which could be used to adjust the
population-to-practitioner ratio threshold for designation, to allow
several different threshold levels depending on the number of high need
indicators present, and then to compare the area's actual ratio with
the adjusted threshold appropriate for that area.
(c) HRSA staff worked with the UNC-Sheps Center team to develop a
conceptual framework and a methodology responsive to concerns raised in
public comments and in the PCO recommendations. In response to the
criticism of the earlier 1998 proposal as using appropriate indicators
but an arbitrary weighting scheme, this methodology was developed based
on a general conceptual framework of access and underservice and
statistical methods. The overall goal was to identify areas and
communities in need of services to increase access, relative to other
communities across the country.
The conceptual framework and methodology will be described further
in sections IV.A and IV.B. A more technical description is also
provided in Appendix B. The way the method is applied to determine
designation status is described in Sections IV.C and V. below. Finally,
further details are available on HRSA's Web site (https://bhpr.hrsa.gov/
shortage) and in a journal article recently published in the Journal of
Health Care for the Poor and Underserved entitled ``Designating Places
and Populations as Medically Underserved: A Proposal for a New
Approach'' (Ricketts et al., 2007).
(d) The impact of the proposed method on the number and population
of geographic and low income designations at national and state levels
was explored and compared with alternatives using updated national data
allied to: (a) The criteria currently in place; (b) the criteria
proposed in the September 1, 1998 rule, and (c) the new methodology
proposed in this rule. In addition, impact analyses with State data
were performed by Regional Centers for Health Workforce Studies and/or
PCOs in four States. This analysis, discussed in detail in Section VI
below, indicated that this proposed method would not have severe
adverse effects on most safety net providers, and would--at the
transition from the old method to the new--maintain a similar total
underserved population.
(e) However, there remained concerns that some safety net
facilities--despite serving populations clearly underserved, such as
the uninsured--might be located in areas that did not meet geographic
or population group criteria. Consequently, with the help of the group
of 16 PCOs, a separate method was developed (hereafter referred to as
the ``facility designation method'') for facility designation of those
safety-net facilities which could demonstrate high levels of service to
the uninsured and/or Medicaid-eligibles. This was tested using the
Uniform Data System for community health centers and found to support
designation of most Section 330-funded health centers.
(f) The new methodology's concepts and impact analysis approaches
have been discussed in a preliminary fashion
[[Page 11238]]
at various meetings of national and State organizations whose members
are affected by shortage/underservice designations.
IV. Description of Conceptual Framework and Methodology and
Alternatives Considered
A. Conceptual Framework
In our model, as in health services research more widely, we
consider utilization of services an outcome of the demand and supply
forces within the healthcare system. The conceptual framework for the
model is based on the idea that barriers to care reduce appropriate
use, which is reflected in delayed and therefore higher subsequent use
rates. We call this concept ``thwarted demand.'' For example,
individuals with diabetes living in remote, rural areas may put off
seeing their doctors regularly-not because they do not recognize the
need for regular treatment-but because of the distances involved or
other potential barriers. These barriers initially reduce utilization.
When these individuals eventually do seek treatment, it is often
because their condition worsened to the point where they could no
longer defer treatment. As the severity of their condition worsens and
their need for care increases, so too does their utilization of
services, in terms of treatment volume and/or intensity. They may
require hospitalization, for instance, or present at an emergency room.
To estimate the dimensions of both the (a) delayed--and thus
initially reduced utilization rate--as well as the (b) subsequent
higher use rates, we created a methodology that centers around the
level of care experienced by a ``well-served population'' in order to
establish an initial standard against which an ``under-served
population'' can be defined. In a ``well-served population,'' where
there are no barriers to care, healthcare utilization will be an
expression of healthcare demand (i.e., demand is not thwarted). The
assumption was made that, for groups without significant barriers to
care, primary care utilization rates would cluster around the most
appropriate level of care and, in turn, that their demand for care will
also reflect their need for care. In an ``under-served population,'' by
contrast, demand will be initially thwarted and healthcare utilization
will therefore understate true demand.
Moreover, healthcare needs tend to be greater in areas with
disadvantaged populations. The health inequalities literature has
shown, for example, that conditions like diabetes and cancer are more
prevalent among minorities. In turn, we can expect that areas with a
high proportion of minorities will--on average--have greater healthcare
needs than areas with a lower proportion of minorities. To the extent
that healthcare needs tend to be greater in underserved populations,
the level of healthcare utilization observed in underserved populations
would understate true demand even further. Thus, the model adjusts for
this increased need and thwarted demand.
As stated earlier, however, thwarted demand potentially creates a
paradox since low access often results in subsequent illness that may
require a higher level of health care use, in terms of either treatment
volume or intensity. The entry of the patient into a structured care
system may also induce subsequently higher rates of use of primary care
services incident to hospitalizations or due to raised familiarity with
the system. This paradox is likely to affect overall use rates in low-
access areas in such a way as to increase use rates.
We accepted that these positive and negative factors would be
simultaneously operating and sought ways to estimate their individual
effects in terms of both initially reduced and subsequently increased
visits. The net, overall need for services can be reflected in a
combination of visits precluded with visits induced.
[GRAPHIC] [TIFF OMITTED] TP29FE08.006
By adjusting for these bi-directional effects of thwarted demand,
this methodology effectively allows us to ask, ``What level of care
would these individuals utilize if they were well-served and barrier
free?'' This adjusted utilization rate becomes the proxy in our revised
model for the ``effective need'' in an underserved population. For
example, an underserved area that contains 100 people may nevertheless
``effectively need'' the same level of services an area of 1,000 people
needs. In this underserved area, the ``actual'' population may be 100
but the ``effective'' population can be thought of as 1,000.
We then compare this ``effective need'' in an underserved
population to the available supply of primary care providers in that
area to create a population-to-provider ratio. The underlying logic is
that meeting community needs could be expressed in ratios of
appropriate use to optimal service productivity. The use rate would be
expressed in population counts and the service productivity in
practitioner counts. The goal was to reflect the level of a
population's need for office-based primary care visits in terms of an
adjusted population count that took into consideration characteristics
that would affect use of services.
We considered various other proxies for need besides the
population-to-provider ratio. We ultimately decided to use an adjusted
population-to-provider ratio for several reasons. First, the prominence
of population-to-practitioner ratios in the two existing measurements
of underservice was recognized. Discussions with the federal agencies
and stakeholder groups during the development of the revised approach
also revealed a preference for using that metric as the basis for a
revised method. Furthermore, practical reasons for the use of this
ratio as a starting point for the construction of an index included the
fact that such ratios are well-recognized and understood by the program
participants and would provide some continuity between a new proposal
and the older methods that included the ratios in the calculations.
Such a metric is also sensitive to the two different sources of
unmet need--provider shortages and barriers to care--that programs
which rely on the HPSA and MUA/P designations attempt to address. In
HPSAs, by definition, access is restricted because there are few or no
primary care health professionals who will take care of certain
patients. The remedy for this is to supplement the professional supply
with practitioners who will see all patients, in order to bring the
numbers of professionals more into line with a level of supply
generally considered adequate. For MUA/Ps, the primary reasons for
designation relate to barriers to accessing existing primary care
services (e.g., financial) or the combination of higher needs and lower
[[Page 11239]]
availability. The central task in combining these two systems was to
find a common metric that was sensitive to both of these
characteristics of underservice, which the adjusted population-to-
provider ratio is.
B. Methodology
The model can be thought of as compromising six basic steps.
Step 1: Calculate the numerator for the population-to-provider
ratio: The ``effective barrier free population.''
The first step is to estimate the effects that differences in the
structure of the population would have on service utilization based on
age and gender by assigning weights according to the national use rates
for people without barriers to care. Accordingly, we call this the
``effective barrier free population'' because it allows us to estimate
what the utilization rate would be, after adjusting for age and gender,
if the population of a community were able to use primary care services
at the same rate as a population with no constraints due to factors
like poverty, race, or ethnicity. This step is necessary because
research shows that age and gender affect utilization rates independent
of barriers to care. The elderly, for example, use services at higher
rates than the non-elderly even when barriers to care are controlled
for.
To calculate the ``effective barrier free population,'' we adjust
the area's base population to reflect differential requirements by age
and gender for primary care services, using utilization rates for
populations who are effectively ``barrier-free.'' This adjustment uses
the latest available Medical Expenditure Panel Survey (MEPS)
utilization data to determine what the expected number of primary care
office visits for the area's population would be (based on its age/
gender make-up) if usage were at the national average for persons who
are non-minority, not poor, and employed. This total expected number of
primary care visits is then divided by the corresponding current
national mean number of primary care visits per person to obtain the
``effective barrier free population.'' The effect of this adjustment is
that a community with more older people or more women of child-bearing
age than the average national age-gender distribution will appear to be
a larger population than if the age-gender mix were like the nation's
as a whole.
The utilization rates used in developing and testing the
methodology proposed herein are shown in Table IV-1. These will be
updated when this regulation is finalized and periodically thereafter
by notice in the Federal Register that updated data will be posted on
the HRSA Web site.
Table IV-1.--Barrier Free Population Use Rate, Adjusted for Age and Gender, Expressed as Primary Care Visits Per
Person Per Year
----------------------------------------------------------------------------------------------------------------
Average primary care visits ( per year) by age group category
Age -----------------------------------------------------------------
0-4 5-17 18-44 45-64 65-74 75+
----------------------------------------------------------------------------------------------------------------
Male.......................................... 5.164 2.499 2.867 4.410 6.052 8.056
Standard Error................................ .488 .401 .372 .386 .469 .533
Female........................................ 4.046 2.256 5.007 5.480 6.710 8.160
Standard Error................................ .491 .403 .373 .389 .456 .533*
----------------------------------------------------------------------------------------------------------------
The above table is from MEPS, 1996. These data are applied to the actual area age-gender total to derive the
barrier free total utilization for a population with these age and gender characteristics. The corresponding
national mean utilization rate is 3.471. *Imputed.
The calculations for Wichita County, Kansas are shown as an
illustration of how this step of the model works. The chart below
provides the population breakout by age and gender, the visit rates for
each category, and the adjusted population that results from dividing
by the average visit rate. The steps are detailed below the chart.
The basic formula is:
Barrier-free use rate = 4.046 * ( of females aged 0-4) + 2.256
* ( of females aged 5-17) +5.007* ( of females aged
18-44) + 5.480 * ( of females aged 45-64) + 6.710 * (
of females aged 65-74) + 8.160 * ( of females aged 75+) +
5.164 * ( of males aged 0-4) + 2.499 * ( of males
aged 5-17) + 2.867 * ( of males aged 18-44) + 4.410 *
( of males aged 45-64) + 6.052 * ( of males aged 65-
74) + 8.056 * ( of males aged 75+)
Table IV-1A.--Applying Table IV-1 Using Wichita, Kansas as an Example
----------------------------------------------------------------------------------------------------------------
Ages 0-4 5-17 18-44 45-64 65-74 75 and over
----------------------------------------------------------------------------------------------------------------
Females: ............ ............ ............ ............ ............ ............
Population.............. 65 207 363 281 106 113
Multiplier (from Table 4.046 2.256 5.007 5.48 6.71 8.16
IV-1)..................
Visits.................. 262.99 466.992 1817.541 1539.88 711.26 922.08
Males: ............ ............ ............ ............ ............ ............
Population.............. 93 234 386 108 321 94
Multiplier (from Table 5.164 2.499 2.867 4.41 6.052 8.056
IV-1)..................
Visits.................. 480.252 584.766 1106.662 476.28 1942.692 757.264
Female visits............... 5720.743
Male visits................. 5347.916
Total visits........ 11068.659
----------------------------------------------------------------------------------------------------------------
For Wichita, the calculations are:
Barrier-free use rate
= 4.046 * (65) + 2.256 * (207) + 5.007 * (363) + 5.480 * (281) +
6.710 * (1060) + 8.160 * (113) + 5.164 * (93) + 2.499 * (234) + 2.867 *
(386) + 4.410 * (108) + 6.052 * (321) + 8.056 * (94)
= 262.99 + 466.992 + 1817.541 + 1539.88 + 711.26 + 922.08 + 480.252
+ 584.766 + 1106.662 + 476.28 +1942.692 + 757.264
[[Page 11240]]
= 11068.659 visits.
Using 1996 MEPS data, individuals who were barrier free had, on
average, 3.741 visits to their primary care providers. If we then
divide the barrier-free use rate by this average number of visits, we
can obtain the ``effective barrier-free population'' estimate. In
Wichita, the calculation would be: Effective barrier-free population =
11068.659 / 3.741 = 2958.74338.
This ``effective barrier-free population'' becomes the numerator--
the ``population'' value--in the population-to-provider ratio. For
example, the actual population of Wichita, Kansas was 2,436. By going
through these calculations, however, we see in Table IV-2 that the
effective barrier-free population is 2,959.
Table IV-2
------------------------------------------------------------------------
A B
------------------------------------------------------------------------
Effective
County name Total pop 1999 barrier-free
population
------------------------------------------------------------------------
Wichita, KS........................... 2,436 2959
------------------------------------------------------------------------
Step 2: Calculate the denominator in the population-to-provider
ratio: The supply of primary care providers.
The second step is to calculate the actual number of FTE primary
care clinicians in the target area, including primary care physicians
(allopathic and osteopathic), NPs, PAs, and CNMs in primary care
settings.
Each active physician in the primary care specialties (i.e.,
General Practice, Family Practice, General Internal Medicine, General
Pediatrics, Ob/Gyn) is included as 1.0 FTE unless there is evidence of
less than full-time practice, in which case their actual FTE in the
area is used based on guidance set by the Secretary on the calculation
of FTEs. As before, physicians in residency training in these
specialties are counted as 0.1 FTE.
In this proposed rule, NP/PA/CNMs are also included, but they are
counted either as 0.5 FTE or, at the applicant's option, 0.8 times a
State-specific practice scope factor running from 0.5 to 1.0 (in
recognition that not all NP/PA/CNM practices operate at the same level
due to state policies). We discuss this issue in further detail in
section V.G below.
Data sources are: American Medical Association Masterfile-Dec.
1998, American Osteopathic Association-May 1999, American College of
Nurse Midwives-1999, American Association of Nurse Practitioners-1999,
and American Association of Physician Assistants-July 1999.
For example, there are 2.5 FTE primary care providers in Wichita,
Kansas, according to our national data.
Step 3: Calculate the base population-to-provider ratio.
The population-to-provider ratio is then calculated using the
``effective barrier-free population'' (from step 1) as the numerator
and the number of FTE primary care clinicians (from step 2) as the
denominator. Using Wichita, Kansas as an example, the base population-
to-provider ratio is 1,183 (table IV-3, column E).
Table IV-3
--------------------------------------------------------------------------------------------------------------------------------------------------------
A B C D E
---------------------------------------------------------------------------------------------------
County name Effective barrier-
Total pop Effective barrier- Tot FTE primary Actual population free pop/FTE
free population care to FTE ratio (A/C) ratio (B/C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wichita, KS......................................... 2436 2959 2.5 974 1183
--------------------------------------------------------------------------------------------------------------------------------------------------------
Step 4: Adjust for increases in need for primary care services
based on community characteristics.
Because the programs that rely on HPSA and MUA/P designations aim
to improve access and thereby improve health, this consideration drove
the design of the analysis to develop weights for need for services in
areas and for populations. The fourth step of this methodology thus
computes the effects of community factors that have been demonstrated
to indicate an even greater need for services but also a lower
utilization of services than the average well-insured and healthy
population due to barriers to care.
The general approach was to take population-level variables that
correlate with barriers to care and then determine the relationship of
those variables to the adjusted population-to-practitioner ratio
described above, using regression analysis. From this analysis, the
relative influence of those variables on the ratio would be derived
and, from those parameters, scores could be estimated to adjust or
``weight'' the overall index.
Because step 4 can be quite technical, we present only an overview
here. For a more detailed discussion of step 4 and its place in the
overall methodology, please refer to Appendix B (please note that what
we refer to in this rule as ``step 4'' is referred to as ``steps 4-5''
and ``step 7'' in Appendix B). The methodology is also described in a
journal article recently published in the Journal of Health Care for
the Poor and Underserved entitled ``Designating Places and Populations
as Medically Underserved: A Proposal for a New Approach'' (Ricketts et
al., 2007).
In developing step 4, we followed the conceptual framework of
access proposed by Andersen and colleagues, who posit that there are
predisposing and enabling characteristics that can represent need
(Andersen et al., 1973; Andersen 1995; Aday and Andersen 1975). There
is no consensus set of community-level indicators that reflect need
within their framework. Because the programs that rely on HPSA and MUA/
P designations largely address unmet need by placing primary care
practitioners in areas designated as