Notice of Hearing: Reconsideration of Disapproval of Ohio State Plan Amendment (SPA) 07-014, 11647-11648 [E8-4068]
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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid
Services
Notice of Hearing: Reconsideration of
Disapproval of Ohio State Plan
Amendment (SPA) 07–014
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice announces an
administrative hearing to be held on
April 4, 2008, at the CMS Chicago
Regional Office, 233 N. Michigan
Avenue, Suite 600, the Illinois Room,
Chicago, IL 60601–5519, to reconsider
CMS’ decision to disapprove Ohio SPA
07–014.
Closing Date: Requests to participate
in the hearing as a party must be
received by the presiding officer by
March 19, 2008.
FOR FURTHER INFORMATION CONTACT:
Kathleen Scully-Hayes, Presiding
Officer, CMS, 2520 Lord Baltimore
Drive, Suite L, Baltimore, Maryland
21244, Telephone: (410) 786–2055.
SUPPLEMENTARY INFORMATION: This
notice announces an administrative
hearing to reconsider CMS’ decision to
disapprove Ohio SPA 07–014, which
was submitted on September 28, 2007,
and disapproved on December 20, 2007.
Under this SPA, the State proposed to
expand Medicaid eligibility by
excluding all family income that is
between 201 percent of the Federal
poverty level (FPL) and 300 percent of
the FPL in calculating income for
purposes of determining eligibility. As a
result, although the plan nominally
provides for eligibility of optional
targeted low-income children only for
those with family income through 200
percent of the FPL, in effect, the
eligibility level would rise to 300
percent of the FPL.
The amendment was disapproved
because it indicated that the State will
claim Federal matching funds at a rate
other than the rate set forth in the Social
Security Act (the Act), and thus, is not
consistent with methods of
administration necessary for proper and
efficient operation of the plan, as
required by section 1902(a)(4) of the
Act.
At the hearing:
• The disapproval of this SPA will be
discussed. The SPA was disapproved
because the State declared its intent and
was unwilling to change its intent to
claim Federal matching funds at the
regular matching rate, rather than the
enhanced matching rate set forth in the
VerDate Aug<31>2005
17:57 Mar 03, 2008
Jkt 214001
Act, for the expanded population
optional targeted low-income children,
with income between 201 percent and
300 percent of the FPL.
• Section 1903(a)(1) of the Act
requires that the Secretary pay the
Federal medical assistance percentage
(FMAP) of claimed State expenditures
under the approved plan. The FMAP is
defined at section 1905(b) of the Act.
This section provides that the Federal
matching rate for children described in
section 1905(u)(2)(B) or (u)(3) of the Act
‘‘is equal to the enhanced FMAP
described in section 2105(b)’’ of the Act,
unless the State has exhausted its
allotment under section 2104 of the Act,
under the State Children’s Health
Insurance Program, or failed to comply
with maintenance of effort and proper
reporting requirements. Since none of
those conditions appear to apply, and
the expansion group is comprised of
individuals who are described in
section 1905(u)(2)(B) of the Act, the
enhanced FMAP is the applicable
FMAP rate, and claims at any other rate
would not be consistent with proper
and efficient administration of the State
plan.
• The State’s proposal was not
consistent with methods of
administration necessary for proper and
efficient operation of the plan, as
required by section 1902(a)(4) of the
Act, because the State indicated in its
overall submission that the State did not
plan to submit claims at the statutorily
indicated FMAP rate.
Section 1116 of the Act and Federal
regulations at 42 CFR part 430 establish
Department procedures that provide an
administrative hearing for
reconsideration of a disapproval of a
State plan or plan amendment. CMS is
required to publish a copy of the notice
to a State Medicaid agency that informs
the agency of the time and place of the
hearing, and the issues to be considered.
If we subsequently notify the agency of
additional issues that will be considered
at the hearing, we will also publish that
notice.
Any individual or group that wants to
participate in the hearing as a party
must petition the presiding officer
within 15 days after publication of this
notice, in accordance with the
requirements contained at 42 CFR
430.76(b)(2). Any interested person or
organization that wants to participate as
amicus curiae must petition the
presiding officer before the hearing
begins in accordance with the
requirements contained at 42 CFR
430.76(c). If the hearing is later
rescheduled, the presiding officer will
notify all participants.
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
11647
The notice to Ohio announcing an
administrative hearing to reconsider the
disapproval of its SPA reads as follows:
Ara Mekhjian, Esq.,
Assistant Attorney General,
State of Ohio,
Health and Human Services Section,
30 E. Broad Street, 26th Floor,
Columbus, OH 43215–3400.
Dear Mr. Mekhjian:
I am responding to your request for
reconsideration of the decision to disapprove
the Ohio State plan amendment (SPA) 07–
014, which was submitted on September 28,
2007, and disapproved on December 20,
2007.
Under this SPA, the State proposed to
expand Medicaid eligibility by excluding all
family income that is between 201 percent of
the Federal poverty level (FPL) and 300
percent of the FPL in calculating income for
purposes of determining eligibility. As a
result, although the plan nominally provides
for eligibility of optional targeted low-income
children only for those with family income
through 200 percent of the FPL, in effect, the
eligibility level would rise to 300 percent of
the FPL.
The amendment was disapproved because
it indicated that the State will claim Federal
matching funds at a rate other than the rate
set forth in the Social Security Act (the Act),
and thus, is not consistent with methods of
administration necessary for proper and
efficient operation of the plan, as required by
section 1902(a)(4) of the Act.
At the hearing:
• The disapproval of this SPA will be
discussed. The SPA was disapproved
because the State declared its intent and was
unwilling to change its intent to claim
Federal matching funds at the regular
matching rate, rather than the enhanced
matching rate set forth in the Act, for the
expanded population optional targeted lowincome children, with income between 201
percent and 300 percent of the FPL.
• Section 1903(a)(1) of the Act requires
that the Secretary pay the Federal medical
assistance percentage (FMAP) of claimed
State expenditures under the approved plan.
The FMAP is defined at section 1905(b) of
the Act. This section provides that the
Federal matching rate for children described
in section 1905(u)(2)(B) or (u)(3) of the Act
‘‘is equal to the enhanced FMAP described in
section 2105(b)’’ of the Act, unless the State
has exhausted its allotment under section
2104 of the Act, under the State Children’s
Health Insurance Program, or failed to
comply with maintenance of effort and
proper reporting requirements. Since none of
those conditions appear to apply, and the
expansion group is comprised of individuals
who are described in section 1905(u)(2)(B) of
the Act, the enhanced FMAP is the
applicable FMAP rate, and claims at any
other rate would not be consistent with
proper and efficient administration of the
State plan.
• The State’s proposal was not consistent
with methods of administration necessary for
proper and efficient operation of the plan, as
required by section 1902(a)(4) of the Act,
because the State indicated in its overall
E:\FR\FM\04MRN1.SGM
04MRN1
11648
Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Notices
submission that the State did not plan to
submit claims at the statutorily indicated
FMAP rate.
I am scheduling a hearing at your request
for reconsideration to be held on April 4,
2008, at the Centers for Medicare & Medicaid
Services’ Chicago Regional Office, 233 N.
Michigan Avenue, Suite 600, the Illinois
Room, Chicago, IL 60601–5519, to reconsider
the decision to disapprove SPA 07–014. If
this date is not acceptable, we would be glad
to set another date that is mutually agreeable
to the parties. The hearing will be governed
by the procedures prescribed by Federal
regulations at 42 CFR Part 430.
I am designating Ms. Kathleen ScullyHayes as the presiding officer. If these
arrangements present any problems, please
contact the presiding officer at (410) 786–
2055. In order to facilitate any
communication which may be necessary
between the parties to the hearing, please
notify the presiding officer to indicate
acceptability of the hearing date that has
been scheduled and provide names of the
individuals who will represent the State at
the hearing.
Sincerely,
Kerry Weems,
Acting Administrator.
(Section 1116 of the Social Security Act (42
U.S.C. 1316); 42 CFR 430.18).
(Catalog of Federal Domestic Assistance
program No. 13.714, Medicaid Assistance
Program.)
Dated: February 25, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E8–4068 Filed 3–3–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Notice.
SUMMARY: The Food and Drug
Administration (FDA) is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act of 1995 (the
PRA), Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This notice solicits comments on
reporting requirements contained in
existing FDA regulations governing
State petitions for exemption from
preemption.
Submit written or electronic
comments on the collection of
information by May 5, 2008.
ADDRESSES: Submit electronic
comments on the collection of
information to https://
www.regulations.gov. Submit written
comments on the collection of
information to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852. All
comments should be identified with the
docket number found in brackets in the
heading of this document.
FOR FURTHER INFORMATION CONTACT:
Jonna Capezzuto, Office of the Chief
Information Officer (HFA–250), Food
and Drug Administration, 5600 Fishers
Lane, Rockville, MD 20857, 301–827–
4659.
DATES:
Under the
PRA (44 U.S.C. 3501–3520), Federal
agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
SUPPLEMENTARY INFORMATION:
Food and Drug Administration
[Docket No. FDA–2008–N–0132]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; State Petitions for
Exemption From Preemption
AGENCY:
ACTION:
Food and Drug Administration,
HHS.
Section 3506(c)(2)(A) of the PRA (44
U.S.C. 3506(c)(2)(A)) requires Federal
agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, FDA is publishing notice
of the proposed collection of
information set forth in this document.
With respect to the following
collection of information, FDA invites
comments on these topics: (1) Whether
the proposed collection of information
is necessary for the proper performance
of FDA’s functions, including whether
the information will have practical
utility; (2) the accuracy of FDA’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques,
when appropriate, and other forms of
information technology.
State Petitions for Exemption From
Preemption—21 CFR 100.1(d) (OMB
Control No. 0910–0277) —Extension
Under section 403A(b) of the Federal
Food, Drug, and Cosmetic Act (the act)
(21 U.S.C. 343–1(b)), States may petition
FDA for exemption from Federal
preemption of State food labeling and
standard of identity requirements.
Section 100.1(d) (21 CFR 100.1(d)) sets
forth the information a State is required
to submit in such a petition. The
information required under § 100.1(d)
enables FDA to determine whether the
State food labeling or standard of
identity requirement satisfies the
criteria of section 403A(b) of the act for
granting exemption from Federal
preemption.
FDA estimates the burden of this
collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
21 CFR Section
No. of
Respondents
100.1(d)
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1There
Annual Frequency
per Response
1
Total Annual
Responses
1
Hours per
Response
1
Total Hours
40
40
are no capital costs or operating and maintenance costs associated with this collection of information.
The reporting burden for § 100.1(d) is
minimal because petitions for
exemption from preemption are seldom
submitted by States. In the last 3 years,
VerDate Aug<31>2005
17:57 Mar 03, 2008
Jkt 214001
FDA has not received any new petitions
for exemption from preemption;
therefore, the agency estimates that one
or fewer petitions will be submitted
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
annually. Although FDA has not
received any new petitions for
exemption from preemption in the last
3 years, it believes these information
E:\FR\FM\04MRN1.SGM
04MRN1
Agencies
[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Notices]
[Pages 11647-11648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4068]
[[Page 11647]]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval of Ohio State
Plan Amendment (SPA) 07-014
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
April 4, 2008, at the CMS Chicago Regional Office, 233 N. Michigan
Avenue, Suite 600, the Illinois Room, Chicago, IL 60601-5519, to
reconsider CMS' decision to disapprove Ohio SPA 07-014.
Closing Date: Requests to participate in the hearing as a party
must be received by the presiding officer by March 19, 2008.
FOR FURTHER INFORMATION CONTACT: Kathleen Scully-Hayes, Presiding
Officer, CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland
21244, Telephone: (410) 786-2055.
SUPPLEMENTARY INFORMATION: This notice announces an administrative
hearing to reconsider CMS' decision to disapprove Ohio SPA 07-014,
which was submitted on September 28, 2007, and disapproved on December
20, 2007.
Under this SPA, the State proposed to expand Medicaid eligibility
by excluding all family income that is between 201 percent of the
Federal poverty level (FPL) and 300 percent of the FPL in calculating
income for purposes of determining eligibility. As a result, although
the plan nominally provides for eligibility of optional targeted low-
income children only for those with family income through 200 percent
of the FPL, in effect, the eligibility level would rise to 300 percent
of the FPL.
The amendment was disapproved because it indicated that the State
will claim Federal matching funds at a rate other than the rate set
forth in the Social Security Act (the Act), and thus, is not consistent
with methods of administration necessary for proper and efficient
operation of the plan, as required by section 1902(a)(4) of the Act.
At the hearing:
The disapproval of this SPA will be discussed. The SPA was
disapproved because the State declared its intent and was unwilling to
change its intent to claim Federal matching funds at the regular
matching rate, rather than the enhanced matching rate set forth in the
Act, for the expanded population optional targeted low-income children,
with income between 201 percent and 300 percent of the FPL.
Section 1903(a)(1) of the Act requires that the Secretary
pay the Federal medical assistance percentage (FMAP) of claimed State
expenditures under the approved plan. The FMAP is defined at section
1905(b) of the Act. This section provides that the Federal matching
rate for children described in section 1905(u)(2)(B) or (u)(3) of the
Act ``is equal to the enhanced FMAP described in section 2105(b)'' of
the Act, unless the State has exhausted its allotment under section
2104 of the Act, under the State Children's Health Insurance Program,
or failed to comply with maintenance of effort and proper reporting
requirements. Since none of those conditions appear to apply, and the
expansion group is comprised of individuals who are described in
section 1905(u)(2)(B) of the Act, the enhanced FMAP is the applicable
FMAP rate, and claims at any other rate would not be consistent with
proper and efficient administration of the State plan.
The State's proposal was not consistent with methods of
administration necessary for proper and efficient operation of the
plan, as required by section 1902(a)(4) of the Act, because the State
indicated in its overall submission that the State did not plan to
submit claims at the statutorily indicated FMAP rate.
Section 1116 of the Act and Federal regulations at 42 CFR part 430
establish Department procedures that provide an administrative hearing
for reconsideration of a disapproval of a State plan or plan amendment.
CMS is required to publish a copy of the notice to a State Medicaid
agency that informs the agency of the time and place of the hearing,
and the issues to be considered. If we subsequently notify the agency
of additional issues that will be considered at the hearing, we will
also publish that notice.
Any individual or group that wants to participate in the hearing as
a party must petition the presiding officer within 15 days after
publication of this notice, in accordance with the requirements
contained at 42 CFR 430.76(b)(2). Any interested person or organization
that wants to participate as amicus curiae must petition the presiding
officer before the hearing begins in accordance with the requirements
contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the
presiding officer will notify all participants.
The notice to Ohio announcing an administrative hearing to
reconsider the disapproval of its SPA reads as follows:
Ara Mekhjian, Esq.,
Assistant Attorney General,
State of Ohio,
Health and Human Services Section,
30 E. Broad Street, 26th Floor,
Columbus, OH 43215-3400.
Dear Mr. Mekhjian:
I am responding to your request for reconsideration of the
decision to disapprove the Ohio State plan amendment (SPA) 07-014,
which was submitted on September 28, 2007, and disapproved on
December 20, 2007.
Under this SPA, the State proposed to expand Medicaid
eligibility by excluding all family income that is between 201
percent of the Federal poverty level (FPL) and 300 percent of the
FPL in calculating income for purposes of determining eligibility.
As a result, although the plan nominally provides for eligibility of
optional targeted low-income children only for those with family
income through 200 percent of the FPL, in effect, the eligibility
level would rise to 300 percent of the FPL.
The amendment was disapproved because it indicated that the
State will claim Federal matching funds at a rate other than the
rate set forth in the Social Security Act (the Act), and thus, is
not consistent with methods of administration necessary for proper
and efficient operation of the plan, as required by section
1902(a)(4) of the Act.
At the hearing:
The disapproval of this SPA will be discussed. The SPA
was disapproved because the State declared its intent and was
unwilling to change its intent to claim Federal matching funds at
the regular matching rate, rather than the enhanced matching rate
set forth in the Act, for the expanded population optional targeted
low-income children, with income between 201 percent and 300 percent
of the FPL.
Section 1903(a)(1) of the Act requires that the
Secretary pay the Federal medical assistance percentage (FMAP) of
claimed State expenditures under the approved plan. The FMAP is
defined at section 1905(b) of the Act. This section provides that
the Federal matching rate for children described in section
1905(u)(2)(B) or (u)(3) of the Act ``is equal to the enhanced FMAP
described in section 2105(b)'' of the Act, unless the State has
exhausted its allotment under section 2104 of the Act, under the
State Children's Health Insurance Program, or failed to comply with
maintenance of effort and proper reporting requirements. Since none
of those conditions appear to apply, and the expansion group is
comprised of individuals who are described in section 1905(u)(2)(B)
of the Act, the enhanced FMAP is the applicable FMAP rate, and
claims at any other rate would not be consistent with proper and
efficient administration of the State plan.
The State's proposal was not consistent with methods of
administration necessary for proper and efficient operation of the
plan, as required by section 1902(a)(4) of the Act, because the
State indicated in its overall
[[Page 11648]]
submission that the State did not plan to submit claims at the
statutorily indicated FMAP rate.
I am scheduling a hearing at your request for reconsideration to
be held on April 4, 2008, at the Centers for Medicare & Medicaid
Services' Chicago Regional Office, 233 N. Michigan Avenue, Suite
600, the Illinois Room, Chicago, IL 60601-5519, to reconsider the
decision to disapprove SPA 07-014. If this date is not acceptable,
we would be glad to set another date that is mutually agreeable to
the parties. The hearing will be governed by the procedures
prescribed by Federal regulations at 42 CFR Part 430.
I am designating Ms. Kathleen Scully-Hayes as the presiding
officer. If these arrangements present any problems, please contact
the presiding officer at (410) 786-2055. In order to facilitate any
communication which may be necessary between the parties to the
hearing, please notify the presiding officer to indicate
acceptability of the hearing date that has been scheduled and
provide names of the individuals who will represent the State at the
hearing.
Sincerely,
Kerry Weems,
Acting Administrator.
(Section 1116 of the Social Security Act (42 U.S.C. 1316); 42 CFR
430.18).
(Catalog of Federal Domestic Assistance program No. 13.714, Medicaid
Assistance Program.)
Dated: February 25, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E8-4068 Filed 3-3-08; 8:45 am]
BILLING CODE 4120-01-P