Notice of Hearing: Reconsideration of Disapproval of Texas State Plan Amendment (SPA) 07-020, 30942-30943 [E8-12022]
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30942
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Notices
A. Federal Reserve Bank of Atlanta
(Steve Foley, Vice President) 1000
Peachtree Street, N.E., Atlanta, Georgia
30309:
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Board of Governors of the Federal Reserve
System, May 23, 2008.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E8–11950 Filed 5–28–08; 8:45 am]
BILLING CODE 6210–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Subcommittee for Dose
Reconstruction Reviews (SDRR),
Advisory Board on Radiation and
Worker Health (ABRWH), National
Institute for Occupational Safety and
Health (NIOSH)
jlentini on PROD1PC65 with NOTICES
In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the Centers for Disease
Control and Prevention, announces the
following meeting for the
aforementioned subcommittee:
Time and Date: 9 a.m.–5 p.m., June 10,
2008.
Place: Cincinnati Airport Marriott, 2395
Progress Drive, Hebron, Kentucky 41018.
Telephone (859) 334–4611, Fax (859) 334–
4619.
Status: Open to the public, but without a
public comment period. To access by
conference call dial the following
information 1 (866) 659–0537, Participant
Pass Code 9933701.
In the event an individual cannot attend,
written comments may be submitted. Any
written comments received will be provided
at the meeting and should be submitted to
the contact person below well in advance of
the meeting.
Background: The Advisory Board was
established under the Energy Employees
Occupational Illness Compensation Program
Act of 2000 to advise the President on a
variety of policy and technical functions
required to implement and effectively
manage the new compensation program. Key
functions of the Advisory Board include
providing advice on the development of
probability of causation guidelines that have
been promulgated by the Department of
Health and Human Services (HHS) as a final
rule; advice on methods of dose
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reconstruction which have also been
promulgated by HHS as a final rule; advice
on the scientific validity and quality of dose
estimation and reconstruction efforts being
performed for purposes of the compensation
program; and advice on petitions to add
classes of workers to the Special Exposure
Cohort (SEC).
In December 2000, the President delegated
responsibility for funding, staffing, and
operating the Advisory Board to HHS, which
subsequently delegated this authority to CDC.
NIOSH implements this responsibility for
CDC. The charter was issued on August 3,
2001, renewed at appropriate intervals, and
will expire on August 3, 2009.
Purpose: The Advisory Board is charged
with (a) Providing advice to the Secretary,
HHS, on the development of guidelines
under Executive Order 13179; (b) providing
advice to the Secretary, HHS, on the
scientific validity and quality of dose
reconstruction efforts performed for this
program; and (c) upon request by the
Secretary, HHS, advise the Secretary on
whether there is a class of employees at any
Department of Energy facility who were
exposed to radiation but for whom it is not
feasible to estimate their radiation dose, and
on whether there is reasonable likelihood
that such radiation doses may have
endangered the health of members of this
class. The Subcommittee for Dose
Reconstruction Reviews was established to
aid the Advisory Board in carrying out its
duty to advise the Secretary, HHS, on dose
reconstruction.
Matters To Be Discussed: The agenda for
the Subcommittee meeting includes the
discussion of cases under review on the 6th,
7th, and 8th sets of individual dose
reconstruction; selection of cases for future
review; and discussion of the summary
report on the first 100 cases.
The agenda is subject to change as
priorities dictate.
ABRWH determines that agency business
requires its consideration of this matter on
less than 15 days notice to the public and
that no earlier notice of this meeting was
possible.
Contact Person for More Information:
Christine Branche, Ph.D., Executive
Secretary, NIOSH, CDC, 395 E. Street, SW.,
Suite 9200, Washington, DC 20201,
Telephone (513)533–6800, Toll Free
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both CDC and the Agency for Toxic
Substances and Disease Registry.
Dated: May 20, 2008.
Elaine L. Baker,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention.
[FR Doc. E8–11941 Filed 5–28–08; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid
Services
Notice of Hearing: Reconsideration of
Disapproval of Texas State Plan
Amendment (SPA) 07–020
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
AGENCY:
SUMMARY: This notice announces an
administrative hearing to be held on
July 8, 2008, at the CMS Dallas Regional
Office, 1301 Young Street, Suite 833,
Room 1196, Dallas, Texas 75202, to
reconsider CMS’ decision to disapprove
Texas SPA 07–020.
Closing Date: Requests to participate
in the hearing as a party must be
received by the presiding officer by June
13, 2008.
FOR FURTHER INFORMATION CONTACT:
Benjamin Cohen, Presiding Officer,
CMS, 2520 Lord Baltimore Drive, Suite
L, Baltimore, Maryland 21244,
Telephone: (410) 786–3169.
SUPPLEMENTARY INFORMATION: This
notice announces an administrative
hearing to reconsider CMS’ decision to
disapprove Texas SPA 07–020 which
was submitted on July 20, 2007, and
disapproved on February 22, 2008.
Under this SPA, the State would
guarantee that, at the request of a
hospital impacted as a result of a
federally declared natural disaster,
disproportionate share hospital (DSH)
payments to that hospital would remain
level from the prior year. In addition,
the SPA would amend the conversion
factors that expire August 31, 2007, and
would update cost reporting citations
that have changed due to a format
change in the CMS Hospital and
Hospital Health Care Complex Cost
Report.
The amendment was disapproved
because it does not comply with the
requirements of section 1902(a)(13)(A)
of the Social Security Act (the Act)
together with the hospital specific limits
under 1923(g)(1) of the Act.
The hearing will involve the
following issues:
• Compliance with section 1923(g) of
the Act. Whether the proposed State
plan language concerning DSH
payments assures compliance with
hospital specific payment limits for
current year DSH payments, and
sufficient documentation of such
compliance;
• Applicability of section 1923(e)(2)
of the Act providing an exception to the
section 1923(g) limits. Whether section
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Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Notices
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1923(e)(2) provides an exception to
section 1923(g), and, if so, whether the
State meets the criteria for such an
exception; and
• Clarification of the status of State
plan amendment components that
address changes to conversion factors
and updates to cost reporting citations
based on changes to the CMS Hospital
Cost Report. If the State does not prevail
on the first two issues, whether the State
is asking the hearing officer to withdraw
affected components of the State plan
amendment and remand remaining
components for a determination of
whether approval is warranted.
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 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) 07–020, which was submitted on July
20, 2007, and disapproved on February 22,
2008.
Under this SPA, the State would guarantee
that, at the request of a hospital impacted as
a result of a federally declared natural
disaster, disproportionate share hospital
(DSH) payments to that hospital would
remain level from the prior year. In addition,
the SPA would amend the conversion factors
that expire August 31, 2007, and would
update cost reporting citations that have
changed due to a format change in the
Centers for Medicare & Medicaid Services’
(CMS) Hospital and Hospital Health Care
Complex Cost Report.
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17:45 May 28, 2008
Jkt 214001
The amendment was disapproved because
it does not comply with the requirements of
section 1902(a)(13)(A) of the Social Security
Act (the Act) together with the hospital
specific limits under 1923(g)(1) of the Act.
The hearing will involve the following
issues:
• Compliance with section 1923(g) of the
Act. Whether the proposed State plan
language concerning DSH payments assures
compliance with hospital specific payment
limits for current year DSH payments, and
sufficient documentation of such
compliance;
• Applicability of section 1923(e)(2) of the
Act providing an exception to the section
1923(g) limits. Whether section 1923(e)(2)
provides an exception to section 1923(g) and,
if so, whether the State meets the criteria for
such an exception; and
• Clarification of the status of SPA
components that address changes to
conversion factors and updates to cost
reporting citations based on changes to the
CMS Hospital and Hospital Health Care
Complex Cost Report. If the State does not
prevail on the first two issues, whether the
State is asking the hearing officer to
withdraw affected components of the SPA
and remand remaining components for a
determination of whether approval is
warranted.
I am scheduling a hearing on your request
for reconsideration to be held on July 8, 2008,
at the CMS Dallas Regional Office, 1301
Young Street, Suite 833, Room 1196, Dallas,
Texas 75202, in order to reconsider the
decision to disapprove SPA 07–020. 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 Mr. Benjamin Cohen as
the presiding officer. If these arrangements
present any problems, please contact the
presiding officer at (410) 786–3169. 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: May 20, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E8–12022 Filed 5–28–08; 8:45 am]
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30943
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Privacy Act of 1974; Report of a
Modified or Altered System of Records
Department of Health and
Human Services (HHS), Centers for
Medicare & Medicaid Services (CMS).
ACTION: Notice of a modified or altered
system of records.
AGENCY:
SUMMARY: The Privacy Act of 1974 and
section 1106 of the Social Security Act
(the Act) explain when and how CMS
may use and disclose the personal data
of people with Medicare. The Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003 (MMA) (Pub.
L. 108–173) added requirements for
releasing and using personal data. To
meet these additional requirements,
CMS proposes to modify the existing
system of records (SOR) titled
‘‘Medicare Drug Data Processing System
(DDPS),’’ System No. 09–70–0553,
established at 70 FR 58436 (October 6,
2005). Under this modification we are
clarifying the statutory authorities for
which these data are collected and
disclosed. The original SOR notice cited
the statutory section governing CMS’s
payment of Part D plan sponsors (Social
Security Act § 1860D–15) that limits the
uses of the data collected to purposes
related to plan payment and oversight of
plan payment. However, the broad
authority of § 1860D–12(b)(3)(D)
authorizes CMS to collect, use and
disclose Part D data for broader
purposes related to CMS’s
responsibilities for program
administration and research.
Furthermore the authority under § 1106
of the Act allows the Secretary to use
and disclose data pursuant to a
regulation, which in this case would be
42 CFR 423.505. CMS has published a
final rule in order to clarify our
statutory authority and explain how we
propose to implement the broad
authority of § 1860D–12(b)(3)(D) and
1106 of the Act. This SOR is being
revised to reflect our intended use of
this broader statutory authority.
In addition to updating this SOR to
reflect our broader statutory authority,
CMS proposes to make the following
modifications to the DDPS system:
• Revise published routine use
number 1 to include CMS grantees that
perform a task for the agency.
• Add a new routine use number 2 to
allow the use and disclosure of
information to other Federal and state
agencies for accurate payment of
E:\FR\FM\29MYN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Notices]
[Pages 30942-30943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12022]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval of Texas State
Plan Amendment (SPA) 07-020
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
July 8, 2008, at the CMS Dallas Regional Office, 1301 Young Street,
Suite 833, Room 1196, Dallas, Texas 75202, to reconsider CMS' decision
to disapprove Texas SPA 07-020.
Closing Date: Requests to participate in the hearing as a party
must be received by the presiding officer by June 13, 2008.
FOR FURTHER INFORMATION CONTACT: Benjamin Cohen, Presiding Officer,
CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244,
Telephone: (410) 786-3169.
SUPPLEMENTARY INFORMATION: This notice announces an administrative
hearing to reconsider CMS' decision to disapprove Texas SPA 07-020
which was submitted on July 20, 2007, and disapproved on February 22,
2008.
Under this SPA, the State would guarantee that, at the request of a
hospital impacted as a result of a federally declared natural disaster,
disproportionate share hospital (DSH) payments to that hospital would
remain level from the prior year. In addition, the SPA would amend the
conversion factors that expire August 31, 2007, and would update cost
reporting citations that have changed due to a format change in the CMS
Hospital and Hospital Health Care Complex Cost Report.
The amendment was disapproved because it does not comply with the
requirements of section 1902(a)(13)(A) of the Social Security Act (the
Act) together with the hospital specific limits under 1923(g)(1) of the
Act.
The hearing will involve the following issues:
Compliance with section 1923(g) of the Act. Whether the
proposed State plan language concerning DSH payments assures compliance
with hospital specific payment limits for current year DSH payments,
and sufficient documentation of such compliance;
Applicability of section 1923(e)(2) of the Act providing
an exception to the section 1923(g) limits. Whether section
[[Page 30943]]
1923(e)(2) provides an exception to section 1923(g), and, if so,
whether the State meets the criteria for such an exception; and
Clarification of the status of State plan amendment
components that address changes to conversion factors and updates to
cost reporting citations based on changes to the CMS Hospital Cost
Report. If the State does not prevail on the first two issues, whether
the State is asking the hearing officer to withdraw affected components
of the State plan amendment and remand remaining components for a
determination of whether approval is warranted.
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 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) 07-020, which was submitted on July 20, 2007, and
disapproved on February 22, 2008.
Under this SPA, the State would guarantee that, at the request
of a hospital impacted as a result of a federally declared natural
disaster, disproportionate share hospital (DSH) payments to that
hospital would remain level from the prior year. In addition, the
SPA would amend the conversion factors that expire August 31, 2007,
and would update cost reporting citations that have changed due to a
format change in the Centers for Medicare & Medicaid Services' (CMS)
Hospital and Hospital Health Care Complex Cost Report.
The amendment was disapproved because it does not comply with
the requirements of section 1902(a)(13)(A) of the Social Security
Act (the Act) together with the hospital specific limits under
1923(g)(1) of the Act.
The hearing will involve the following issues:
Compliance with section 1923(g) of the Act. Whether the
proposed State plan language concerning DSH payments assures
compliance with hospital specific payment limits for current year
DSH payments, and sufficient documentation of such compliance;
Applicability of section 1923(e)(2) of the Act
providing an exception to the section 1923(g) limits. Whether
section 1923(e)(2) provides an exception to section 1923(g) and, if
so, whether the State meets the criteria for such an exception; and
Clarification of the status of SPA components that
address changes to conversion factors and updates to cost reporting
citations based on changes to the CMS Hospital and Hospital Health
Care Complex Cost Report. If the State does not prevail on the first
two issues, whether the State is asking the hearing officer to
withdraw affected components of the SPA and remand remaining
components for a determination of whether approval is warranted.
I am scheduling a hearing on your request for reconsideration to
be held on July 8, 2008, at the CMS Dallas Regional Office, 1301
Young Street, Suite 833, Room 1196, Dallas, Texas 75202, in order to
reconsider the decision to disapprove SPA 07-020. 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 Mr. Benjamin Cohen as the presiding officer. If
these arrangements present any problems, please contact the
presiding officer at (410) 786-3169. 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: May 20, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E8-12022 Filed 5-28-08; 8:45 am]
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