Notice of Hearing: Reconsideration of Disapproval of Texas State Plan Amendment (SPA) 07-011, 15528-15529 [E8-5881]
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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
Dated: March 18, 2008.
Marilyn S. Radke,
Reports Clearance Officer, Centers for Disease
Control and Prevention.
[FR Doc. E8–5862 Filed 3–21–08; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
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The Centers for Disease Control and
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Administration (FDA), and National
Institutes of Health (NIH) Announce An
Open Meeting Concerning
Antimicrobial Resistance
Name: A Public Health Action Plan to
Combat Antimicrobial Resistance (Part I:
Domestic Issues): Meeting for Public
Comment on the Antimicrobial
Resistance Interagency Task Force
Annual Report.
Times and Dates: 12:30 p.m.––2 p.m.,
Wednesday, June 25, 2008.
Place: Hyatt Regency Bethesda,
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Metro Center (7400 Wisconsin Ave),
Bethesda, Maryland, USA 20814; Tel: 1–
301–652–2000; Fax: 1–301–652–4525).
Status: Open to the public, limited
only by the space available.
Purpose: To present the annual report
of progress by Federal agencies in
accomplishing activities outlined in A
Public Health Action Plan to Combat
Antimicrobial Resistance (Part I:
Domestic Issues) and solicit comments
from the public regarding the annual
report. The Action Plan serves as a
blueprint for activities of Federal
agencies to address antimicrobial
resistance. The focus of the plan is on
domestic issues.
Matters to be Discussed: The agenda
will consist of welcome and
introductory comments, an executive
summary, and brief reports in four focus
areas: Surveillance, Prevention and
Control, Research, and Product
Development. The Task Force will also
provide a brief review of progress on
updating the Action Plan. The meeting
will then be open for comments from
the general public.
Comments and suggestions from the
public for Federal agencies related to
each of the focus areas will be taken
under advisement by the Antimicrobial
Resistance Interagency Task Force. The
agenda does not include development of
consensus positions, guidelines, or
discussions or endorsement of specific
commercial products.
The Action Plan, Annual Report, and
meeting agenda will be available at
VerDate Aug<31>2005
16:33 Mar 21, 2008
Jkt 214001
https://www.cdc.gov/drugresistance. The
public meeting is sponsored by the CDC,
FDA, and NIH in collaboration with
seven other Federal agencies and
departments that were involved in
developing and writing A Public Health
Action Plan to Combat Antimicrobial
Resistance (Part I: Domestic Issues).
Agenda items are subject to change as
priorities dictate.
Limited time will be available for oral
comments, and suggestions from the
public. Depending on the number
wishing to comment, a time limit of
three minutes may be imposed. In the
interest of time, visual aids will not be
permitted, although written material
may be submitted for subsequent review
by the Task Force. Written comments
and suggestions from the public are
encouraged and should be received by
the contact person listed below prior to
the opening of the meeting or no later
than the end of July 2008.
Persons anticipating attending the
meeting are requested to send written
notification to the contact person below
by June 2, 2008, including name,
organization (if applicable), address,
telephone, fax, and e-mail address.
Contact Person for More Information:
Gregory J. Anderson, Office of
Antimicrobial Resistance, CCID/CDC,
Mailstop A–07, 1600 Clifton Road, NE.,
Atlanta, GA 30333; telephone 404–639–
3539; fax 404–639–7444. E-mail:
gca5@cdc.gov.
Dated: March 11, 2008.
James D. Seligman,
Chief Information Officer, Centers for Disease
Control and Prevention (CDC).
[FR Doc. E8–5858 Filed 3–21–08; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Notice of Hearing: Reconsideration of
Disapproval of Texas State Plan
Amendment (SPA) 07–011
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
AGENCY:
SUMMARY: This notice announces an
administrative hearing to be held on
May 7, 2008, at the CMS Dallas Regional
Office, 1301 Young Street, Room 1196,
Dallas, Texas 75202, to reconsider CMS’
decision to disapprove Texas SPA 07–
011.
Closing Date: Requests to participate
in the hearing as a party must be
PO 00000
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Sfmt 4703
received by the presiding officer by
April 8, 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 Texas 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 Medicaid reimbursement
methodology for ‘‘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
E:\FR\FM\24MRN1.SGM
24MRN1
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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16:33 Mar 21, 2008
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]]>Agencies
[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15528-15529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5881]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval of Texas State
Plan Amendment (SPA) 07-011
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
May 7, 2008, at the CMS Dallas Regional Office, 1301 Young Street, Room
1196, Dallas, Texas 75202, to reconsider CMS' decision to disapprove
Texas SPA 07-011.
Closing Date: Requests to participate in the hearing as a party
must be received by the presiding officer by April 8, 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 Texas 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 Medicaid
reimbursement methodology for ``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
[[Page 15529]]
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 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. 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
