Notice of Hearing: Reconsideration of Disapproval of Washington State Plan Amendment (SPA) 08-002, 79884-79885 [E8-31019]
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79884
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
FTC staff previously estimated that the
billing entities would spend
approximately 5 hours each to review,
revise, and provide the disclosures on
an annual basis. The estimated hour
burden for the annual notice component
of this requirement is 6,250 burden
hours (based on 1,250 possible billing
entities each requiring 5 hours each), or
a total cost of $334,375.
(e) Further disclosures related to
consumers reporting a billing error. As
in the 2006 PRA submission for this
Rule, FTC staff estimates that the
incremental disclosure obligations
related to consumers reporting a billing
error under section 308.7(d) requires, on
average, about one hour per each billing
error. Previously, staff projected that
approximately 5 percent of an estimated
49,980,000 calls made to pay-per-call
services each year involves such a
billing error. The staff is now reducing
its prior estimate of the number of those
calls by 6 percent15 (46,981,200 calls) to
reflect recent changes in the amount of
pay-per-call services and their billing.
Assuming the same apportionment (5
percent) of overall calls to pay-per-call
services, this amounts to 2,349,060
hours, cumulatively. Applying the
$53.5/hour blended wage rate, the
estimated annual cost is $125,674,710
annually.
David C. Shonka
Acting General Counsel
[FR Doc. E8–30881 Filed 12–29–08: 8:45 am]
BILLING CODE 6750–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Notice of Hearing: Reconsideration of
Disapproval of Washington State Plan
Amendment (SPA) 08–002
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
pwalker on PROD1PC71 with NOTICES
SUMMARY: This notice announces an
administrative hearing to be held on
February 5, 2009, at the CMS Seattle
Regional Office, 2201 Sixth Avenue,
MS/RX–43, Seattle, Washington 98121
percent for skilled clerical workers, and 20 percent
for management time.
15 Six percent is determined by an approximate
halving of the above-noted 11% reduction staff has
applied to its prior estimate of the number of
vendors (see note 5). As in past clearance requests
for this Rule, it is halved on the assumption that
pay-per-call services do not account for any more
than half of all telephone-billed purchases.
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
to reconsider CMS’ decision to
disapprove Washington SPA 08–002.
Closing Date: Requests to participate
in the hearing as a party must be
received by the presiding officer by
January 14, 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 Washington SPA 08–002
which was submitted on January 7,
2007, and disapproved on September
26, 2008. The SPA proposed to add a
methodology to the State plan that
would be used in the event that a
contract with Regional Support Network
to provide mental health services under
a managed care delivery system to the
State of Washington was not continued.
Federal regulations at 42 CFR 430.20
and 447.205, are issued under the
authority of general statutory
requirements concerning methods of
administration at section 1902(a)(4)(A)
of the Social Security Act (the Act) and
specific requirements at section
1902(a)(30)(A) concerning methods and
procedures relating to payments to
providers. These regulations require that
public notice of changes in statewide
methods and standards for setting
payment rates be published in either a
State register or the newspaper of widest
circulation in the State (if there is not
a city with a population of at least
50,000). In addition, they specify that
the notice must be published before the
effective date of the State plan.
Washington did not provide public
notice which complied with Federal
regulations at 42 CFR 447.205.
Although, beginning in December of
2007, the State held meetings with
providers to inform them of what would
be proposed via SPA 08–002, it did not
provide the notice required by Federal
regulations at 42 CFR 447.205 until
February 20, 2008. As a result, the State
was informed the effective date of this
plan could be no earlier than February
21, 2008. However, Washington failed to
make this required change.
Pursuant to Federal regulations at 42
CFR 430.10, which is authorized by
section 1902(a)(4) of the Act and
implements the general requirements of
section 1902(a) of the Act for a State
plan, a State plan must provide
sufficient information to describe the
nature and scope of the State program
and to provide a basis for Federal
financial participation. And, Federal
regulations at 42 CFR 441.252(b), which
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
implement in part provider payment
provisions under section 1902(a)(30)(A)
of the Act, require that the State plan
include a comprehensive description of
the methods and standards used to set
payment rates. The proposed SPA did
not meet these requirements because the
payment methodologies were not
understandable and auditable. CMS
requested further information about the
factors Washington used to set its rates,
and how the payment methodologies
would be administered, but the State
failed to provide sufficient responsive
information to assure us that providers
and auditors could determine whether
correct payments had been made.
Absent this information, CMS cannot
determine that the requirements under
section 1902(a) of the Act have been
met.
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 Washington SPA 08–002.
The hearing will involve the
following issues:
• Whether the proposed effective date for
the SPA was consistent with the limitations
authorized under the requirements of
sections 1902(a)(4)(A) and 1902(a)(30)(A) of
the Act relating to methods of administration
generally and methods and procedures for
payment rates specifically, and the
implementing regulations at 42 CFR 430.20
and 42 CFR 447.205, which require advance
public notice of changes in payment rates
before a State plan amendment can become
effective. The State’s proposed effective date
for the SPA was earlier than the date of the
publication of the public notice that the State
submitted in support of the SPA.
• Whether Washington provided adequate
documentation to document the proposed
payment rates and to demonstrate that the
proposed rates were consistent with
efficiency and economy as required by
section 1902(a)(30)(A) of the Act.
Specifically, the State proposed the use of
actuarially developed rates that included a
range of rates as opposed to a single dollar
amount. The State indicated that the single
dollar amount was developed from the above
mentioned rate range, however, they were
not able to provide either the dollar amount
or the documentation regarding the
construction of the single 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
E:\FR\FM\30DEN1.SGM
30DEN1
pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
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 the State of Washington
announcing an administrative hearing to
reconsider the disapproval of its SPA
reads as follows:
Ms. Robin Arnold-Williams,
Secretary, Department of Social and
Health Services, P.O. Box 45010,
Olympia, WA 98504–5010.
Dear Ms. Arnold-Williams:
I am responding to your request for
reconsideration of the decision to
disapprove the Washington Medicaid
State plan amendment (SPA) 08–002,
which was submitted on January 7,
2008, and disapproved on September
26, 2008. The SPA proposed to add a
methodology to the State plan that
would be used in the event that a
contract with Regional Support Network
to provide mental health services under
a managed care delivery system to the
State of Washington was not continued.
The issues to be considered at the
hearing are:
• Whether the proposed effective date
for the SPA was consistent with the
limitations imposed by applicable
appropriations statutes on the
availability of funding for SPAs, the
requirements of sections 1902(a)(4)(A)
and 1902(a)(30)(A) of the Social
Security Act (the Act) relating to
methods and procedures generally and
for payment rates specifically, and the
implementing regulations at 42 CFR
430.20 and 42 CFR 447.205—which
require advance public notice of
changes in payment rates. The State’s
proposed effective date for the SPA was
earlier than the date of the publication
of the public notice that the State
submitted in support of the SPA.
• Whether Washington provided
adequate documentation to document
the proposed payment rates and
demonstrate that the proposed rates
were consistent with efficiency and
economy as required by section
1902(a)(30)(A) of the Act. Specifically,
the State proposed the use of actuarially
developed rates that included a range of
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
rates as opposed to a single dollar
amount. The State indicated that the
single dollar amount was developed
from the above mentioned rate range,
however, they were not able to provide
either the dollar amount or the
documentation regarding the
construction of the single rate.
I am scheduling a hearing on your
request for reconsideration to be held on
February 5, 2009, at the Centers for
Medicare & Medicaid Services Seattle
Regional Office, 2201 Sixth Avenue,
MS/RX–43, Seattle, Washington 98121,
in order to reconsider the decision to
disapprove SPA 08–002. 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. section 1316; 42 CFR
section 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. E8–31019 Filed 12–29–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2008–N–0650]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; General
Administrative Procedures: Citizen
Petitions; Petition for Reconsideration
or Stay of Action; Advisory Opinions
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
PO 00000
Notice.
Frm 00097
Fmt 4703
Sfmt 4703
79885
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
the reporting requirements contained in
existing FDA regulations regarding the
general administrative procedures for a
person to petition the Commissioner of
Food and Drugs (the Commissioner) to
issue, amend, or revoke a rule; to file a
petition for an administrative
reconsideration or an administrative
stay of action; and to request an
advisory opinion from the
Commissioner.
DATES: Submit written or electronic
comments on the collection of
information by March 2, 2009.
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 Information
Management (HFA–710), Food and Drug
Administration, 5600 Fishers Lane,
Rockville, MD 20857, 301–796–3794.
SUPPLEMENTARY INFORMATION: 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.
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
E:\FR\FM\30DEN1.SGM
30DEN1
Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79884-79885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31019]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval of Washington
State Plan Amendment (SPA) 08-002
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
February 5, 2009, at the CMS Seattle Regional Office, 2201 Sixth
Avenue, MS/RX-43, Seattle, Washington 98121 to reconsider CMS' decision
to disapprove Washington SPA 08-002.
Closing Date: Requests to participate in the hearing as a party
must be received by the presiding officer by January 14, 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 Washington SPA 08-002
which was submitted on January 7, 2007, and disapproved on September
26, 2008. The SPA proposed to add a methodology to the State plan that
would be used in the event that a contract with Regional Support
Network to provide mental health services under a managed care delivery
system to the State of Washington was not continued.
Federal regulations at 42 CFR 430.20 and 447.205, are issued under
the authority of general statutory requirements concerning methods of
administration at section 1902(a)(4)(A) of the Social Security Act (the
Act) and specific requirements at section 1902(a)(30)(A) concerning
methods and procedures relating to payments to providers. These
regulations require that public notice of changes in statewide methods
and standards for setting payment rates be published in either a State
register or the newspaper of widest circulation in the State (if there
is not a city with a population of at least 50,000). In addition, they
specify that the notice must be published before the effective date of
the State plan.
Washington did not provide public notice which complied with
Federal regulations at 42 CFR 447.205. Although, beginning in December
of 2007, the State held meetings with providers to inform them of what
would be proposed via SPA 08-002, it did not provide the notice
required by Federal regulations at 42 CFR 447.205 until February 20,
2008. As a result, the State was informed the effective date of this
plan could be no earlier than February 21, 2008. However, Washington
failed to make this required change.
Pursuant to Federal regulations at 42 CFR 430.10, which is
authorized by section 1902(a)(4) of the Act and implements the general
requirements of section 1902(a) of the Act for a State plan, a State
plan must provide sufficient information to describe the nature and
scope of the State program and to provide a basis for Federal financial
participation. And, Federal regulations at 42 CFR 441.252(b), which
implement in part provider payment provisions under section
1902(a)(30)(A) of the Act, require that the State plan include a
comprehensive description of the methods and standards used to set
payment rates. The proposed SPA did not meet these requirements because
the payment methodologies were not understandable and auditable. CMS
requested further information about the factors Washington used to set
its rates, and how the payment methodologies would be administered, but
the State failed to provide sufficient responsive information to assure
us that providers and auditors could determine whether correct payments
had been made. Absent this information, CMS cannot determine that the
requirements under section 1902(a) of the Act have been met.
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 Washington SPA 08-
002.
The hearing will involve the following issues:
Whether the proposed effective date for the SPA was
consistent with the limitations authorized under the requirements of
sections 1902(a)(4)(A) and 1902(a)(30)(A) of the Act relating to
methods of administration generally and methods and procedures for
payment rates specifically, and the implementing regulations at 42
CFR 430.20 and 42 CFR 447.205, which require advance public notice
of changes in payment rates before a State plan amendment can become
effective. The State's proposed effective date for the SPA was
earlier than the date of the publication of the public notice that
the State submitted in support of the SPA.
Whether Washington provided adequate documentation to
document the proposed payment rates and to demonstrate that the
proposed rates were consistent with efficiency and economy as
required by section 1902(a)(30)(A) of the Act. Specifically, the
State proposed the use of actuarially developed rates that included
a range of rates as opposed to a single dollar amount. The State
indicated that the single dollar amount was developed from the above
mentioned rate range, however, they were not able to provide either
the dollar amount or the documentation regarding the construction of
the single 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
[[Page 79885]]
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 the State of Washington announcing an administrative
hearing to reconsider the disapproval of its SPA reads as follows:
Ms. Robin Arnold-Williams, Secretary, Department of Social and
Health Services, P.O. Box 45010, Olympia, WA 98504-5010.
Dear Ms. Arnold-Williams:
I am responding to your request for reconsideration of the decision
to disapprove the Washington Medicaid State plan amendment (SPA) 08-
002, which was submitted on January 7, 2008, and disapproved on
September 26, 2008. The SPA proposed to add a methodology to the State
plan that would be used in the event that a contract with Regional
Support Network to provide mental health services under a managed care
delivery system to the State of Washington was not continued.
The issues to be considered at the hearing are:
Whether the proposed effective date for the SPA was
consistent with the limitations imposed by applicable appropriations
statutes on the availability of funding for SPAs, the requirements of
sections 1902(a)(4)(A) and 1902(a)(30)(A) of the Social Security Act
(the Act) relating to methods and procedures generally and for payment
rates specifically, and the implementing regulations at 42 CFR 430.20
and 42 CFR 447.205--which require advance public notice of changes in
payment rates. The State's proposed effective date for the SPA was
earlier than the date of the publication of the public notice that the
State submitted in support of the SPA.
Whether Washington provided adequate documentation to
document the proposed payment rates and demonstrate that the proposed
rates were consistent with efficiency and economy as required by
section 1902(a)(30)(A) of the Act. Specifically, the State proposed the
use of actuarially developed rates that included a range of rates as
opposed to a single dollar amount. The State indicated that the single
dollar amount was developed from the above mentioned rate range,
however, they were not able to provide either the dollar amount or the
documentation regarding the construction of the single rate.
I am scheduling a hearing on your request for reconsideration to be
held on February 5, 2009, at the Centers for Medicare & Medicaid
Services Seattle Regional Office, 2201 Sixth Avenue, MS/RX-43, Seattle,
Washington 98121, in order to reconsider the decision to disapprove SPA
08-002. 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. section 1316; 42
CFR section 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. E8-31019 Filed 12-29-08; 8:45 am]
BILLING CODE 4120-01-P