Notice of Hearing: Reconsideration of Disapproval of Montana State Plan Amendment (SPA) 08-003, 79491-79492 [E8-30820]
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79491
Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
and priorities identified in the Action
Plan.
CDC proposes to conduct a survey to
assess collective progress toward
achieving the objectives outlined in the
Action Plan. The survey will also
request information about the specific
strategies, steps, resources and
partnerships that have been employed
to meet the objectives. Respondents will
be the 4 co-sponsors of The Initiative, 51
CDC-funded, state-based diabetes
prevention and control programs, and
approximately 230 private-sector public
health organizations with a focus on
year. Co-sponsors will receive a
modified version of the survey. Due to
the size and complexity of the activities
managed by co-sponsors, the cosponsoring organizations will have the
option to submit multiple survey
responses from different areas of the
organization, in order to capture the full
range of activities conducted. It is
estimated that each co-sponsor will
submit an average of three responses.
Information will be collected
electronically through web-based
surveys. There are no costs to
respondents other than their time.
diabetes and/or women’s health. Survey
responses will be compiled into a report
and disseminated to respondents,
allowing them to learn about each
other’s activities and the steps needed to
replicate successful diabetes prevention
and control efforts.
Because organizations are in various
stages of Action Plan implementation,
information will be collected once per
year for a period of 3 years, and the
report will be updated annually to
reflect recent activities and progress.
Private-sector partners will submit one
survey response per organization per
ESTIMATED ANNUALIZED BURDEN HOURS
Type of
respondents
Form name
Co-Sponsors .....................................
State and Local Govt. Partners ........
Private Sector Partners .....................
Dated: December 18, 2008.
Maryam I. Daneshvar,
Acting Reports Clearance Officer, Centers for
Disease Control and Prevention.
[FR Doc. E8–30771 Filed 12–24–08; 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 Montana State Plan
Amendment (SPA) 08–003
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of hearing.
dwashington3 on PROD1PC60 with NOTICES
Average
burden per response (in hrs)
4
51
230
3
1
1
30/60
30/60
30/60
6
26
115
........................
........................
........................
147
Co-Sponsor Survey ..........................
Partner Survey .................................
Total ..........................................................................................................
Number of
responses per
respondent
SUMMARY: This notice announces an
administrative hearing to be held on
January 27, 2009, at the CMS Denver
Regional Office, 1600 Broadway, Suite
700, Denver, Colorado 80202 to
reconsider CMS’ decision to disapprove
Montana SPA 08–003.
Closing Date: Requests to participate
in the hearing as a party must be
received by the presiding officer by
January 13, 2009.
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
VerDate Aug<31>2005
13:19 Dec 24, 2008
Jkt 217001
Number of
respondents
disapprove Montana SPA 08–003 which
was submitted on December 27, 2007,
and disapproved on September 23,
2008. The SPA proposed to modify the
reimbursement methodology for
licensed denturist services and dental
services effective October 1, 2007.
Section 1902(a)(30)(A) of the Social
Security Act (the Act) requires that
States have methods and procedures to
ensure payments are consistent with
economy, efficiency, and quality of care.
The overall requirement in section
1902(a) of the Act for a State plan, and
the specific requirement at section
1902(a)(30)(A) of the Act for methods
and procedures related to payment, are
implemented by Federal regulations at
42 CFR 430.10 and 42 CFR 447.252(b),
which require that the State plan
include a comprehensive description of
the methods and standards used to set
payment rates, and provide a basis for
Federal financial participation (FFP). To
be comprehensive, payment
methodologies should be
understandable, clear, and
unambiguous. In addition, since the
plan is the basis for FFP, it is important
that the plan language provide an
auditable basis for determining if
payment was appropriate.
Montana SPA 08–003 proposed to
reimburse denturist and dental services
on a fee-for-service basis by multiplying
a nationally recognized relative value
unit for each service by a State specific
conversion factor. CMS requested the
State to include the exact conversion
factor in the reimbursement
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
Total burden
(in hrs)
methodology in order to meet the
requirements of a comprehensive
reimbursement methodology in
accordance with Federal regulations at
42 CFR 430.10 and 447.252(b).
Including the conversion rate would
ensure that payment calculations were
verifiable and auditable. Absent that
detail, CMS requested that the State
include sufficient information so that
providers and CMS would know the
initial rate for each service (either
directly or through reference to a fee
schedule) and have notice of any
subsequent changes to each rate. The
State declined to include such
information in the SPA. Therefore, CMS
was unable to approve the SPA because
it does not comply with section
1902(a)(30)(A) of the Act as
implemented by Federal regulations at
42 CFR 430.10 and 447.252(b).
Based on the above, and after
consultation with the Secretary of the
Department of Health and Human
Services as required under Federal
regulations at 42 CFR 430.15(c)(2), CMS
disapproved Montana Medicaid SPA
08–003.
The hearing will involve the
following issues:
• Whether Montana’s proposed
methodologies for payment of dental
and denturist services, meet the
requirements of section 1902(a)(30)(A)
of the Social Security Act and Federal
regulations at 42 CFR 430.10 and 42
CFR 447.252(b), which require that the
State plan include a comprehensive
description of the methods and
E:\FR\FM\29DEN1.SGM
29DEN1
79492
Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
standards used to set payment rates, and
provide a basis for FFP, when the
proposed plan did not specify the
amount or methodology to determine a
key variable that would determine the
rate (a ‘‘conversion factor’’); and
• Whether CMS incorrectly
disapproved SPA 08–003 on September
23, 2008, by means of a hardcopy, datestamped, signed letter from the CMS
Acting Administrator, with a courtesy
electronic copy of the signed letter emailed to Montana on September 24,
2008.
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 Montana announcing an
administrative hearing to reconsider the
disapproval of its SPA reads as follows:
Ms. Mary E. Dalton,
Acting Medicaid Director,
Montana DPHHS,
Helena, MT 59604–4210.
Dear Ms. Dalton:
I am responding to your request for
reconsideration of the decision to disapprove
the Montana State plan amendment (SPA)
08–003, which was submitted on December
27, 2007, and disapproved on September 23,
2008. The SPA proposed to modify the
reimbursement methodology for licensed
denturist services and dental services
effective October 1, 2007.
The issues to be considered at the hearing
are:
• Whether Montana’s proposed
methodologies for payment of dental and
denturist services, meet the requirements of
section 1902(a)(30)(A) of the Social Security
Act and Federal regulations at 42 CFR 430.10
and 42 CFR 447.252(b), which require that
the State plan include a comprehensive
description of the methods and standards
used to set payment rates, and provide a
basis for Federal financial participation,
when the proposed plan did not specify the
amount or methodology to determine a key
variable that would determine the rate (a
‘‘conversion factor’’); and
• Whether CMS incorrectly disapproved
SPA 08–003 on September 23, 2008, by
means of a hardcopy, date-stamped, signed
letter from the CMS Acting Administrator,
with a courtesy electronic copy of the signed
letter e-mailed to Montana on September 24,
2008.
I am scheduling a hearing on your request
for reconsideration to be held on January 27,
2009, at the CMS Denver Regional Office,
1600 Broadway, Suite 700, Denver, Colorado
80202, in order to reconsider the decision to
disapprove SPA 08–003. 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: December 22, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E8–30820 Filed 12–24–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Information Collection
Activity; Comment Request
Proposed Projects
Title: Head Start Facilities
Construction, Purchase and Major
Renovation—45 CFR part 1309.
OMB No.: 0970–0193.
Description: The Head Start Bureau is
proposing to renew, without changes, 45
CFR part 1309. This rule contains the
administrative requirements for Head
Start and Early Head Start grantees who
apply for funding to purchase, renovate,
or construct Head Start program
facilities. The rule ensures that grantees
use standard business practices when
acquiring real property and that Federal
interest is preserved in properties
acquired with public funds. The rule
further ensures compliance with all
other Federal statutes applicable to the
expenditure of Federal funds when
acquiring real property.
Respondents: Head Start and Early
Head Start grantees and delegate
agencies.
ANNUAL BURDEN ESTIMATES
Number of
respondents
Number of
responses per
respondent
Average
burden hours
per response
Total burden
hours
Regulation ........................................................................................................
dwashington3 on PROD1PC60 with NOTICES
Instrument
200
1
41
8,200
Estimated Total Annual Burden
Hours: 8,200.
In compliance with the requirements
of Section 506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the
Administration for Children and
Families is soliciting public comment
on the specific aspects of the
information collection described above.
VerDate Aug<31>2005
13:19 Dec 24, 2008
Jkt 217001
Copies of the proposed collection of
information can be obtained and
comments may be forwarded 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. E-mail address:
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
infocollection@acf.hhs.gov. All requests
should be identified by the title of the
information collection.
The Department specifically requests
comments on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
E:\FR\FM\29DEN1.SGM
29DEN1
]]>Agencies
[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79491-79492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30820]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval of Montana
State Plan Amendment (SPA) 08-003
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
January 27, 2009, at the CMS Denver Regional Office, 1600 Broadway,
Suite 700, Denver, Colorado 80202 to reconsider CMS' decision to
disapprove Montana SPA 08-003.
Closing Date: Requests to participate in the hearing as a party
must be received by the presiding officer by January 13, 2009.
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 Montana SPA 08-003
which was submitted on December 27, 2007, and disapproved on September
23, 2008. The SPA proposed to modify the reimbursement methodology for
licensed denturist services and dental services effective October 1,
2007.
Section 1902(a)(30)(A) of the Social Security Act (the Act)
requires that States have methods and procedures to ensure payments are
consistent with economy, efficiency, and quality of care. The overall
requirement in section 1902(a) of the Act for a State plan, and the
specific requirement at section 1902(a)(30)(A) of the Act for methods
and procedures related to payment, are implemented by Federal
regulations at 42 CFR 430.10 and 42 CFR 447.252(b), which require that
the State plan include a comprehensive description of the methods and
standards used to set payment rates, and provide a basis for Federal
financial participation (FFP). To be comprehensive, payment
methodologies should be understandable, clear, and unambiguous. In
addition, since the plan is the basis for FFP, it is important that the
plan language provide an auditable basis for determining if payment was
appropriate.
Montana SPA 08-003 proposed to reimburse denturist and dental
services on a fee-for-service basis by multiplying a nationally
recognized relative value unit for each service by a State specific
conversion factor. CMS requested the State to include the exact
conversion factor in the reimbursement methodology in order to meet the
requirements of a comprehensive reimbursement methodology in accordance
with Federal regulations at 42 CFR 430.10 and 447.252(b). Including the
conversion rate would ensure that payment calculations were verifiable
and auditable. Absent that detail, CMS requested that the State include
sufficient information so that providers and CMS would know the initial
rate for each service (either directly or through reference to a fee
schedule) and have notice of any subsequent changes to each rate. The
State declined to include such information in the SPA. Therefore, CMS
was unable to approve the SPA because it does not comply with section
1902(a)(30)(A) of the Act as implemented by Federal regulations at 42
CFR 430.10 and 447.252(b).
Based on the above, and after consultation with the Secretary of
the Department of Health and Human Services as required under Federal
regulations at 42 CFR 430.15(c)(2), CMS disapproved Montana Medicaid
SPA 08-003.
The hearing will involve the following issues:
Whether Montana's proposed methodologies for payment of
dental and denturist services, meet the requirements of section
1902(a)(30)(A) of the Social Security Act and Federal regulations at 42
CFR 430.10 and 42 CFR 447.252(b), which require that the State plan
include a comprehensive description of the methods and
[[Page 79492]]
standards used to set payment rates, and provide a basis for FFP, when
the proposed plan did not specify the amount or methodology to
determine a key variable that would determine the rate (a ``conversion
factor''); and
Whether CMS incorrectly disapproved SPA 08-003 on
September 23, 2008, by means of a hardcopy, date-stamped, signed letter
from the CMS Acting Administrator, with a courtesy electronic copy of
the signed letter e-mailed to Montana on September 24, 2008.
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 Montana announcing an administrative hearing to
reconsider the disapproval of its SPA reads as follows:
Ms. Mary E. Dalton,
Acting Medicaid Director,
Montana DPHHS,
Helena, MT 59604-4210.
Dear Ms. Dalton:
I am responding to your request for reconsideration of the
decision to disapprove the Montana State plan amendment (SPA) 08-
003, which was submitted on December 27, 2007, and disapproved on
September 23, 2008. The SPA proposed to modify the reimbursement
methodology for licensed denturist services and dental services
effective October 1, 2007.
The issues to be considered at the hearing are:
Whether Montana's proposed methodologies for payment of
dental and denturist services, meet the requirements of section
1902(a)(30)(A) of the Social Security Act and Federal regulations at
42 CFR 430.10 and 42 CFR 447.252(b), which require that the State
plan include a comprehensive description of the methods and
standards used to set payment rates, and provide a basis for Federal
financial participation, when the proposed plan did not specify the
amount or methodology to determine a key variable that would
determine the rate (a ``conversion factor''); and
Whether CMS incorrectly disapproved SPA 08-003 on
September 23, 2008, by means of a hardcopy, date-stamped, signed
letter from the CMS Acting Administrator, with a courtesy electronic
copy of the signed letter e-mailed to Montana on September 24, 2008.
I am scheduling a hearing on your request for reconsideration to
be held on January 27, 2009, at the CMS Denver Regional Office, 1600
Broadway, Suite 700, Denver, Colorado 80202, in order to reconsider
the decision to disapprove SPA 08-003. 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: December 22, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E8-30820 Filed 12-24-08; 8:45 am]
BILLING CODE 4120-01-P
