Notice of Hearing: Reconsideration of Disapproval of Washington State Plan Amendment (SPA) 08-019, 29703-29704 [E9-14776]
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Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices
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Name of Committee: National Center for
Complementary and Alternative Medicine
Special Emphasis Panel; RFA AT09–002
Translational Tools for Clinical Studies of
CAM Interventions.
Date: July 15, 2009.
Time: 12 p.m. to 5 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, Two
Democracy Plaza, 6707 Democracy
Boulevard, Bethesda, MD 20892, (Telephone
Conference Call).
Contact Person: Ray Bramhall, PhD,
Scientific Review Officer, National Center for
Complementary and Alternative Medicine,
6707 Democracy Blvd., Suite 401, Bethesda,
MD 20892, bramhallr@mail.nih.gov.
Name of Committee: National Center for
Complementary and Alternative Medicine
Special Emphasis Panel; Botanical Centers.
Date: August 2–3, 2009.
Time: 5 p.m. to 5 p.m.
Agenda: To review and evaluate grant
applications.
Place: Courtyard Marriott Washingtonian
Center, 204 Boardwalk Place, Gaithersburg,
MD 20814.
Contact Person: Martina Schmidt, PhD,
Scientific Review Officer, Office of Scientific
Review, National Center for Complementary
& Alternative Medicine, NIH, 6707
Democracy Blvd., Suite 401, Bethesda, MD
20892, 301–594–3456,
schmidma@mail.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.213, Research and Training
in Complementary and Alternative Medicine,
National Institutes of Health, HHS)
29703
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Centers for Disease Control and
Prevention
Disease, Disability, and Injury
Prevention and Control Special
Emphasis Panel (SEP): American
Recovery and Reinvestment Act
(ARRA)-Section 317 Immunization
Program: Strengthening the Evidence
Base Measuring Effectiveness of Two
Dose of Varicella Vaccine, Funding
Opportunity Announcement (FOA)
IP04–11601ARRA09, Initial Review
Disease, Disability, and Injury
Prevention and Control Special
Emphasis Panel (SEP): Translating
Research To Protect Health Through
Health Promotion, Prevention, and
Preparedness, Panel D, Funding
Opportunity Announcement (FOA)
CD09–001, Initial Review
In accordance with Section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the Centers for Disease
Control and Prevention (CDC)
announces the aforementioned meeting.
Time and Date: 12 p.m.–2 p.m., July 28,
2009 (Closed).
Place: Teleconference.
Status: The meeting will be closed to the
public in accordance with provisions set
forth in Section 552b(c) (4) and (6), Title 5
U.S.C., and the Determination of the Director,
Management Analysis and Services Office,
CDC, pursuant to Public Law 92–463.
Matters to be Discussed: The meeting will
include the initial review, discussion, and
evaluation of ‘‘ARRA-Section 317
Immunization Program: Strengthening the
Evidence Base Measuring Effectiveness of
Two Dose of Varicella Vaccine, FOA IP04–
11601ARRA09.’’
For More Information Contact: Wendy
Carr, PhD, CDC, 1600 Clifton Road, NE.,
Mailstop E60, Atlanta, GA 30333, Telephone:
(404) 498–2276.
The Director, Management Analysis and
Services Office, has been delegated the
authority to sign Federal Register notices
pertaining to announcements of meetings and
other committee management activities, for
both CDC and the Agency for Toxic
Substances and Disease Registry.
Dated: June 17, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–14701 Filed 6–22–09; 8:45 am]
Dated: June 12, 2009.
Elaine L. Baker,
Director, Management Analysis and Services
Office Centers for Disease Control and
Prevention.
[FR Doc. E9–14664 Filed 6–22–09; 8:45 am]
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In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the Centers for Disease
Control and Prevention (CDC)
announces the aforementioned meeting:
Time and Date: 9 a.m.–5 p.m., July 21,
2009 (Closed). 9 a.m.–1 p.m., July 22, 2009
(Closed).
Place: W Hotel, Midtown, 188 14th Street,
NE., Atlanta, Georgia 30361, Telephone:
(404) 892–6000.
Status: The meeting will be closed to the
public in accordance with provisions set
forth in section 552b(c)(4) and (6), Title 5
U.S.C., and the Determination of the Director,
Management Analysis and Services Office,
CDC, pursuant to Public Law 92–463.
Matters To Be Discussed: The meeting will
include the initial review, discussion, and
evaluation of ‘‘Translating Research to
Protect Health through Health Promotion,
Prevention, and Preparedness, Panel D, FOA
CD09–001, initial review.’’
For More Information Contact: Christine J.
Morrison, PhD, Scientific Review
Administrator, CDC, 1600 Clifton Road, NE.,
Mailstop D72, Atlanta, GA 30333, Telephone
(404) 639–3098.
The Director, Management Analysis and
Services Office, has been delegated the
authority to sign Federal Register notices
pertaining to announcements of meetings and
other committee management activities, for
both CDC and the Agency for Toxic
Substances and Disease Registry.
Dated: June 15, 2009.
Elaine L. Baker,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention.
[FR Doc. E9–14659 Filed 6–22–09; 8:45 am]
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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) 08–019
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
VerDate Nov<24>2008
16:15 Jun 22, 2009
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29704
Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices
SUMMARY: This notice announces an
administrative hearing to be held on
August 4, 2009, at the CMS Seattle
Regional Office, 2201 Sixth Avenue,
MS/RX–43, Seattle, Washington 98121,
to reconsider CMS’ decision to
disapprove Washington SPA 08–019.
CLOSING DATE: Requests to participate in
the hearing as a party must be received
by the presiding officer by 15 days after
publication.
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 08–019
which was received by CMS on
September 23, 2008, and disapproved
on March 6, 2009. The SPA proposed to
increase dispensing fees for pharmacies
from $4.20 to $4.24 for high-volume
pharmacies, $4.51 to $4.56 for midvolume pharmacies, $5.20 to $5.25 for
low-volume pharmacies, and $5.20 to
$5.25 for unit dose systems.
As submitted, SPA 08–019 has raised
concerns regarding compliance with
section 1902(a)(30) of the Social
Security Act (the Act) and
implementing regulatory requirements.
Section 1902(a)(30)(A) of the Act
requires that States have methods and
procedures in place to assure that
payments are consistent with efficiency,
economy, and quality of care.
Under that authority, the Secretary
has issued regulations prescribing State
rate-setting procedures and
requirements. Longstanding
requirements (presently codified at 42
CFR 447.512 and 447.514, and
previously codified at 42 CFR 447.331
and 447.332) provide that the State is
responsible for demonstrating that the
dispensing fees are reasonable. The
State has not provided that
demonstration. In addition, Federal
regulations at 42 CFR 447.205 require
that a State provide public notice of any
significant proposed change in its
methods and standards for setting
payment rates for services. In support of
this amendment, the State believes that
issuing a memorandum to providers
online meets the public requirements.
We believe that this does not meet the
Federal standard. We believe public
notice promotes transparency and
openness in this process and allows the
public to be fully aware of the State’s
actions.
Based on the above, and after
consultation with the Secretary of the
Department of Health and Human
VerDate Nov<24>2008
16:15 Jun 22, 2009
Jkt 217001
Services as required under Federal
regulations at 42 CFR 430.15(c)(2),
Washington SPA 08–019 was
disapproved.
The following issues will be
considered at the hearing:
• Whether Washington provided
adequate public notice for setting
payment rates for services as required at
42 CFR 447.205.
• Whether Washington met the
longstanding requirement (presently
codified at 42 CFR 447.512 and 447.514,
and previously codified in 42 CFR
447.331 and 447.332) that the State is
responsible for demonstrating that the
proposed increased dispensing fees are
reasonable.
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 CMS subsequently notifies 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 the State of Washington
announcing an administrative hearing
to reconsider the disapproval of its SPA
reads as follows:
Ms. Susan Dreyfus
Secretary
Department of Social and Health
Services
P.O. Box 45010
Olympia, WA 98504–5010
Dear Ms. Dreyfus:
I am responding to your request for
reconsideration of the decision to
disapprove the Washington State plan
amendment (SPA) 08–019, which was
received by the Centers for Medicare &
Medicaid Services on September 23,
2008, and disapproved on March 6,
2009. The SPA proposed to increase
dispensing fees for pharmacies from
$4.20 to $4.24 for high-volume
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
pharmacies, $4.51 to $4.56 for midvolume pharmacies, $5.20 to $5.25 for
low-volume pharmacies, and $5.20 to
$5.25 for unit dose systems.
The following issues will be
considered at the hearing:
• Whether Washington provided
adequate public notice for setting
payment rates for services as required at
42 CFR 447.205.
• Whether Washington met the
longstanding requirement (presently
codified at 42 CFR 447.512 and 447.514,
and previously codified in 42 CFR
447.331 and 447.332) that the State is
responsible for demonstrating that the
proposed increased dispensing fees are
reasonable.
I am scheduling a hearing on your
request for reconsideration to be held on
August 4, 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 08–019. 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
among 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,
Charlene Frizzera
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: June 16, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. E9–14776 Filed 6–22–09; 8:45 am]
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Agencies
[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Pages 29703-29704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14776]
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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) 08-019
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
-----------------------------------------------------------------------
[[Page 29704]]
SUMMARY: This notice announces an administrative hearing to be held on
August 4, 2009, at the CMS Seattle Regional Office, 2201 Sixth Avenue,
MS/RX-43, Seattle, Washington 98121, to reconsider CMS' decision to
disapprove Washington SPA 08-019.
Closing Date: Requests to participate in the hearing as a party must be
received by the presiding officer by 15 days after publication.
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 08-019
which was received by CMS on September 23, 2008, and disapproved on
March 6, 2009. The SPA proposed to increase dispensing fees for
pharmacies from $4.20 to $4.24 for high-volume pharmacies, $4.51 to
$4.56 for mid-volume pharmacies, $5.20 to $5.25 for low-volume
pharmacies, and $5.20 to $5.25 for unit dose systems.
As submitted, SPA 08-019 has raised concerns regarding compliance
with section 1902(a)(30) of the Social Security Act (the Act) and
implementing regulatory requirements. Section 1902(a)(30)(A) of the Act
requires that States have methods and procedures in place to assure
that payments are consistent with efficiency, economy, and quality of
care.
Under that authority, the Secretary has issued regulations
prescribing State rate-setting procedures and requirements.
Longstanding requirements (presently codified at 42 CFR 447.512 and
447.514, and previously codified at 42 CFR 447.331 and 447.332) provide
that the State is responsible for demonstrating that the dispensing
fees are reasonable. The State has not provided that demonstration. In
addition, Federal regulations at 42 CFR 447.205 require that a State
provide public notice of any significant proposed change in its methods
and standards for setting payment rates for services. In support of
this amendment, the State believes that issuing a memorandum to
providers online meets the public requirements. We believe that this
does not meet the Federal standard. We believe public notice promotes
transparency and openness in this process and allows the public to be
fully aware of the State's actions.
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), Washington SPA 08-019 was
disapproved.
The following issues will be considered at the hearing:
Whether Washington provided adequate public notice for
setting payment rates for services as required at 42 CFR 447.205.
Whether Washington met the longstanding requirement
(presently codified at 42 CFR 447.512 and 447.514, and previously
codified in 42 CFR 447.331 and 447.332) that the State is responsible
for demonstrating that the proposed increased dispensing fees are
reasonable.
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 CMS subsequently notifies 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 the State of Washington announcing an administrative
hearing to reconsider the disapproval of its SPA reads as follows:
Ms. Susan Dreyfus
Secretary
Department of Social and Health Services
P.O. Box 45010
Olympia, WA 98504-5010
Dear Ms. Dreyfus:
I am responding to your request for reconsideration of the decision
to disapprove the Washington State plan amendment (SPA) 08-019, which
was received by the Centers for Medicare & Medicaid Services on
September 23, 2008, and disapproved on March 6, 2009. The SPA proposed
to increase dispensing fees for pharmacies from $4.20 to $4.24 for
high-volume pharmacies, $4.51 to $4.56 for mid-volume pharmacies, $5.20
to $5.25 for low-volume pharmacies, and $5.20 to $5.25 for unit dose
systems.
The following issues will be considered at the hearing:
Whether Washington provided adequate public notice for
setting payment rates for services as required at 42 CFR 447.205.
Whether Washington met the longstanding requirement
(presently codified at 42 CFR 447.512 and 447.514, and previously
codified in 42 CFR 447.331 and 447.332) that the State is responsible
for demonstrating that the proposed increased dispensing fees are
reasonable.
I am scheduling a hearing on your request for reconsideration to be
held on August 4, 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 08-019. 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 among 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,
Charlene Frizzera
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: June 16, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E9-14776 Filed 6-22-09; 8:45 am]
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