Submission for OMB Review; Comment Request, 15529-15530 [E8-5761]
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15529
Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
1902(a)(32) of the Act, which provides
that payment under the plan may only
be made to the provider or practitioner,
except under very limited
circumstances.
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 Texas announcing an
administrative hearing to reconsider the
disapproval of its SPA reads as follows:
Mr. Chris Traylor, State Medicaid CHIP
Director, Texas Health and Human
Services Commission, P.O. Box 13247,
Austin, TX 78711.
Dear Mr. Traylor:
I am responding to your request for
reconsideration of the decision to disapprove
the Texas State plan amendment (SPA) 07–
011, which was submitted on September 24,
2007, and disapproved on December 20,
2007.
Under this SPA, the State proposed to
revise the reimbursement methodology for
Medicaid services delivered as ‘‘birthing
center facility’’ services by eliminating the
2.5 percent rate reduction implemented
September 1, 2003.
The amendment was disapproved because
‘‘birthing center services’’ are not a
recognized service within the scope of
‘‘medical assistance’’ under section 1905(a)
of the Social Security Act (the Act), and
‘‘birthing center facility services’’ are not a
recognized provider type under that section.
Thus, payment to birthing centers is not
consistent with the requirements of sections
1902(a)(10)(A) and 1902(a)(32) of the Act.
Section 1905(a) of the Act defines those
services eligible for medical assistance under
Medicaid, generally based on the type of
provider or practitioner. Birthing centers are
not a recognized type of provider or facility
eligible for payment under that section.
Nurse midwife services are a recognized
service under section 1905(a)(17) of the Act.
On June 29, 2006, CMS disapproved Texas
SPAs 04–33(b) and 06–004 for the same
reasons cited above. The State did not appeal
either of these disapprovals. Through those
prior disapprovals, CMS notified Texas of its
concern that there is no statutory or
regulatory authority for birthing center
facility payments that are part of the current
approved Medicaid State plan.
The hearing will involve the following
issues:
• Whether there is legal authority to
provide payment to birthing center facility
services in the absence of any statutory
authorization for coverage of birthing center
facility services.
• Whether the express authorization of
coverage for ‘‘nurse midwife services’’ as a
recognized service under section 1905(a)(17)
of the Act identifies the provider of such
services as the nurse midwife practitioner,
rather than as the birthing center.
• Whether direct payment for nurse
midwife services can be made to persons or
entities other than the nurse midwife,
consistent with section 1902(a)(32) of the
Act, which provides that payment under the
plan may only be made to the provider or
practitioner, except under very limited
circumstances.
I am scheduling a hearing on your request
for reconsideration to be held on May 7,
2008, at the CMS Dallas Regional Office,
1301 Young Street, Room 1196, Dallas, Texas
75202, in order to reconsider the decision to
disapprove SPA 07–011. 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. section 1316; 42 CFR
section 430.18)
(Catalog of Federal Domestic Assistance
program No. 13.714, Medicaid Assistance
Program.)
Dated: March 14, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E8–5881 Filed 3–21–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for OMB Review;
Comment Request
Title: LIHEAP Quarterly Allocation
Estimates, Form ACF535.
OMB No.: 0970–0037.
Description: The LIHEAP Quarterly
Allocation Estimates, ACF Form-535 is
a one-page form that is sent to 50 State
grantees and to the District of Columbia.
It is also sent to Tribal Government
grantees that receive over $1 million
annually for the Low Income Home
Energy Assistance Program (LIHEAP).
Grantees are asked to complete and
submit the form in the 4th quarter of
each year. The data collected on the
form are grantees estimates of
obligations they expect to make each
quarter for the upcoming fiscal year for
the LIHEAP program. This is the only
method used to request anticipated
distributions of the grantees’ LIHEAP
funds. The information is used to
develop apportionment requests to OMB
and to make grant awards based on
grantees’ anticipated needs. Information
collected on this form is not available
through any other Federal source.
Submission of the form is voluntary.
Respondents: State Governments,
Tribal Governments that receive over $1
million annually, and the District of
Columbia.
mstockstill on PROD1PC66 with NOTICES
ANNUAL BURDEN ESTIMATES
Instrument
Number of
respondents
Number of
responses per
respondent
Average
burden hours
per response
Total burden
hours
LIHEAP:
Quarterly Allocation Estimates, Form ACF–535 ......................................
55
55
.25
13.75
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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
Estimated Total Annual Burden
Hours: 13.75.
Additional Information
Copies of the proposed collection may
be obtained by writing to the
Administration for Children and
Families, Office of Administration,
Office of Information Services, 370
L’Enfant Promenade, SW., Washington,
DC 20447, Attn: ACF Reports Clearance
Officer. All requests should be
identified by the title of the information
collection. E-mail address:
infocollection@acf.hhs.gov.
OMB Comment
OMB is required to make a decision
concerning the collection of information
between 30 and 60 days after
publication of this document in the
Federal Register. Therefore, a comment
is best assured of having its full effect
if OMB receives it within 30 days of
publication. Written comments and
recommendations for the proposed
information collection should be sent
directly to the following: Office of
Management and Budget, Paperwork
Reduction Project, Fax: 202–395–6974,
Attn: Desk Officer for the
Administration for Children and
Families.
Dated: March 17, 2008.
Janean Chambers,
Reports Clearance Officer.
[FR Doc. E8–5761 Filed 3–21–08; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
Ophthalmic Devices Panel of the
Medical Devices Advisory Committee;
Notice of Meeting
AGENCY:
Food and Drug Administration,
HHS.
mstockstill on PROD1PC66 with NOTICES
ACTION:
Notice.
This notice announces a forthcoming
meeting of a public advisory committee
of the Food and Drug Administration
(FDA). The meeting will be open to the
public.
Name of Committee: Ophthalmic
Devices Panel of the Medical Devices
Advisory Committee.
General Function of the Committee:
To provide advice and
recommendations to the agency on
FDA’s regulatory issues.
Date and Time: The meeting will be
held on April 24 and 25, 2008, from
8:30 a.m. to 5 p.m.
VerDate Aug<31>2005
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Location: Gaithersburg Holiday Inn,
Ballroom, 2 Montgomery Village Ave.,
Gaithersburg, MD.
Contact Person: Karen F. Warburton,
Center for Devices and Radiological
Health, Food and Drug Administration,
9200 Corporate Blvd., Rockville, MD
20850, 240–276–4238, or FDA Advisory
Committee Information Line, 1–800–
741–8138 (301–443–0572 in the
Washington, DC area), code
3014512396. Please call the Information
Line for up-to-date information on this
meeting. A notice in the Federal
Register about last minute modifications
that impact a previously announced
advisory committee meeting cannot
always be published quickly enough to
provide timely notice. Therefore, you
should always check the agency’s Web
site and call the appropriate advisory
committee hot line/phone line to learn
about possible modifications before
coming to the meeting.
Agenda: On April 24, 2008, the
committee will discuss, make
recommendations, and vote on a
premarket approval application,
sponsored by VisionCare Technologies,
Inc., for an implantable miniature
telescope (IMT). The IMT, a visual
prosthetic device, is indicated for
monocular implant in patients with
stable, moderate to profound central
vision impairment due to bilateral
central scotomas associated with endstage macular degeneration with
geographic atrophy or disciform scar,
foveal involvement, and cataract. On
April 25, 2008, the committee will
discuss general issues concerning the
post market experience with phakic
intraocular lenses and laser-assisted in
situ keratomileusis (LASIK).
FDA intends to make background
material available to the public no later
than 2 business days before the meeting.
If FDA is unable to post the background
material on its Web site prior to the
meeting, the background material will
be made publicly available at the
location of the advisory committee
meeting, and the background material
will be posted on FDA’s Web site after
the meeting. Background material is
available at https://www.fda.gov/ohrms/
dockets/ac/acmenu.htm, click on the
year 2008 and scroll down to the
appropriate advisory committee link.
Procedure: Interested persons may
present data, information, or views,
orally or in writing, on issues pending
before the committee. Written
submissions may be made to the contact
person on or before April 15, 2008. Oral
presentations from the public will be
scheduled on April 24, 2008, between
approximately 9:30 a.m. and 10 a.m.
and between approximately 3:30 p.m.
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and 4 p.m.; and on April 25, 2008,
between approximately 10 a.m. and
11:15 a.m. and between approximately 3
p.m. and 4 p.m. Those desiring to make
formal oral presentations should notify
the contact person and submit a brief
statement of the general nature of the
evidence or arguments they wish to
present, the names and addresses of
proposed participants, and an
indication of the approximate time
requested to make their presentation on
or before April 7, 2008. Time allotted for
each presentation may be limited. If the
number of registrants requesting to
speak is greater than can be reasonably
accommodated during the scheduled
open public hearing session, FDA may
conduct a lottery to determine the
speakers for the scheduled open public
hearing session. The contact person will
notify interested persons regarding their
request to speak by April 8, 2008.
Persons attending FDA’s advisory
committee meetings are advised that the
agency is not responsible for providing
access to electrical outlets.
FDA welcomes the attendance of the
public at its advisory committee
meetings and will make every effort to
accommodate persons with physical
disabilities or special needs. If you
require special accommodations due to
a disability, please contact AnnMarie
Williams, Conference Management staff,
at 240–276–8932, at least 7 days in
advance of the meeting.
FDA is committed to the orderly
conduct of its advisory committee
meetings. Please visit our Web site at
https://www.fda.gov/oc/advisory/
default.htm for procedures on public
conduct during advisory committee
meetings.
Notice of this meeting is given under
the Federal Advisory Committee Act (5
U.S.C. app. 2).
Dated: March 14, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8–5810 Filed 3–21–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Proposed Collection; Comment
Request; Inventory and Evaluation of
Clinical Research Networks
SUMMARY: In compliance with the
requirement of Section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995,
for opportunity for public comment on
proposed data collection projects, the
National Center for Research Resource
E:\FR\FM\24MRN1.SGM
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Agencies
[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15529-15530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5761]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Submission for OMB Review; Comment Request
Title: LIHEAP Quarterly Allocation Estimates, Form ACF535.
OMB No.: 0970-0037.
Description: The LIHEAP Quarterly Allocation Estimates, ACF Form-
535 is a one-page form that is sent to 50 State grantees and to the
District of Columbia. It is also sent to Tribal Government grantees
that receive over $1 million annually for the Low Income Home Energy
Assistance Program (LIHEAP). Grantees are asked to complete and submit
the form in the 4th quarter of each year. The data collected on the
form are grantees estimates of obligations they expect to make each
quarter for the upcoming fiscal year for the LIHEAP program. This is
the only method used to request anticipated distributions of the
grantees' LIHEAP funds. The information is used to develop
apportionment requests to OMB and to make grant awards based on
grantees' anticipated needs. Information collected on this form is not
available through any other Federal source. Submission of the form is
voluntary.
Respondents: State Governments, Tribal Governments that receive
over $1 million annually, and the District of Columbia.
Annual Burden Estimates
----------------------------------------------------------------------------------------------------------------
Number of Average burden
Instrument Number of responses per hours per Total burden
respondents respondent response hours
----------------------------------------------------------------------------------------------------------------
LIHEAP:
Quarterly Allocation Estimates, Form ACF- 55 55 .25 13.75
535....................................
----------------------------------------------------------------------------------------------------------------
[[Page 15530]]
Estimated Total Annual Burden Hours: 13.75.
Additional Information
Copies of the proposed collection may be obtained by writing to the
Administration for Children and Families, Office of Administration,
Office of Information Services, 370 L'Enfant Promenade, SW.,
Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests
should be identified by the title of the information collection. E-mail
address: infocollection@acf.hhs.gov.
OMB Comment
OMB is required to make a decision concerning the collection of
information between 30 and 60 days after publication of this document
in the Federal Register. Therefore, a comment is best assured of having
its full effect if OMB receives it within 30 days of publication.
Written comments and recommendations for the proposed information
collection should be sent directly to the following: Office of
Management and Budget, Paperwork Reduction Project, Fax: 202-395-6974,
Attn: Desk Officer for the Administration for Children and Families.
Dated: March 17, 2008.
Janean Chambers,
Reports Clearance Officer.
[FR Doc. E8-5761 Filed 3-21-08; 8:45 am]
BILLING CODE 4184-01-P