Implementation of Section 5001 of the American Recovery and Reinvestment Act of 2009 for Adjustments to the Third and Fourth Quarters of Fiscal Year 2009 Federal Medical Assistance Percentage Rates for Federal Matching Shares for Medicaid and Title IV-E Foster Care, Adoption Assistance and Guardianship Assistance Programs, 64697-64700 [E9-29248]
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WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
manufacture and sell the products
independently.
The acquirers of the divested assets
must receive the prior approval of the
Commission. The Commission’s goal in
evaluating possible purchasers of
divested assets is to maintain the
competitive environment that existed
prior to the acquisition. A proposed
acquirer of divested assets must not
itself present competitive problems.
Interpharm specializes in the
development, manufacture, and
marketing of generic pharmaceutical
and over-the-counter products.
Interpharm currently manufactures and
markets 23 generic pharmaceutical
products, and has ten ANDAs under
review by the FDA. As a contract
manufacturer for Watson’s product,
Interpharm is an acceptable acquirer of
generic hydrocodone bitartrate/
ibuprofen because it already has the
experience, know-how, and
manufacturing infrastructure to produce
and sell generic hydrocodone bitartrate/
ibuprofen in the United States.
Interpharm understands the scientific
and technical details of generic
hydrocodone bitartrate/ibuprofen
because it formulated, developed, and
tested the product, and registered the
product with the FDA. Moreover,
Interpharm will not present competitive
problems in any of the markets in which
it will acquire a divested asset because
it currently does not compete in those
markets. With its resources, capabilities,
good reputation, and experience
marketing generic products, Interpharm
is well-positioned to replicate the
competition that would be lost with the
proposed acquisition.
Actavis is a leading developer,
manufacturer, marketer, and distributer
of generic pharmaceutical products, and
is an acceptable acquirer of generic
glipizide ER. Actavis has an extensive
distribution network in the United
States, with three major manufacturing
facilities and approximately 162
pharmaceutical products in the U.S.
market. Actavis also has experience
obtaining FDA approvals for generic
pharmaceutical products. While Actavis
currently does not compete in the
market for the divested assets, it has the
resources, capabilities, good reputation,
and experience necessary to restore
fully the competition that would be lost
if the proposed Watson/Andrx
transaction were to proceed
unremedied.
Teva is a global pharmaceutical
company specializing in the
development, production, and
marketing of generic and branded
pharmaceuticals. Founded in 1901 and
headquartered in Petach Tikva, Israel,
VerDate Nov<24>2008
15:16 Dec 07, 2009
Jkt 220001
Teva employs approximately 25,000
people worldwide and has production
facilities in Israel, North America,
Europe, and Mexico. Teva and its
affiliates are the world’s largest generic
pharmaceutical company with over 300
generic products, representing $6.6
billion in estimated 2006 revenue.
Because of its current agreement with
Andrx, and its well-known reputation
and experience in the pharmaceutical
industry, Teva is ideally positioned to
be a viable, independent competitor in
the eleven generic oral contraceptive
markets. The acquisition of the eleven
generic oral contraceptive products by
Teva would effectively restore the
competition that would be lost with the
proposed merger.
If the Commission determines that
either Interpharm or Actavis is not an
acceptable acquirer of the assets to be
divested, or that the manner of the
divestitures to Interpharm, Actavis, or
Teva is not acceptable, the parties must
unwind the sale and divest the Products
within six (6) months of the date the
Order becomes final to another
Commission-approved acquirer. If the
parties fail to divest within six (6)
months, the Commission may appoint a
trustee to divest the Product assets.
The proposed remedy contains
several provisions to ensure that the
divestitures are successful. The Order
requires Watson and Andrx to provide
transitional services to enable the
Commission-approved acquirers to
obtain all of the necessary approvals
from the FDA. These transitional
services include technology transfer
assistance to manufacture the Products
in substantially the same manner and
quality employed or achieved by
Watson and Andrx.
The Commission has appointed
Francis J. Civille as the Interim Monitor
to oversee the asset transfer and to
ensure Watson and Andrx’s compliance
with all of the provisions of the
proposed Consent Agreement. Mr.
Civille has over 27 years of experience
in the pharmaceutical industry. He is a
highly-qualified expert in areas such as
pharmaceutical research and
development, regulatory approval,
manufacturing and supply, and
marketing. He has provided consulting
services in healthcare business
development to major pharmaceutical
companies, biotechnology companies,
universities, and government agencies.
In order to ensure that the Commission
remains informed about the status of the
proposed divestitures and the transfers
of assets, the proposed Consent
Agreement requires Watson and Andrx
to file reports with the Commission
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
64697
periodically until the divestitures and
transfers are accomplished.
The purpose of this analysis is to
facilitate public comment on the
proposed Consent Agreement, and it is
not intended to constitute an official
interpretation of the proposed Order or
to modify its terms in any way.
By direction of the Commission, with
Commissioner Harbour recused.
Donald S. Clark
Secretary.
[FR Doc. E9–29251 Filed 12–7–09: 7:54 am]
BILLING CODE 6750–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Implementation of Section 5001 of the
American Recovery and Reinvestment
Act of 2009 for Adjustments to the
Third and Fourth Quarters of Fiscal
Year 2009 Federal Medical Assistance
Percentage Rates for Federal Matching
Shares for Medicaid and Title IV–E
Foster Care, Adoption Assistance and
Guardianship Assistance Programs
Office of the Secretary, DHHS.
Notice
AGENCY:
ACTION:
SUMMARY: This notice finalizes the
methodology for calculating the higher
Federal matching funding that is made
available under Section 5001 of the
American Recovery and Reinvestment
Act of 2009 (ARRA), and provides the
final calculation of the adjusted Federal
Medical Assistance Percentage (FMAP)
rates for the third and fourth quarters of
Fiscal Year 2009 (FY09). Section 5001 of
the ARRA provides for temporary
increases in the FMAP rates to provide
fiscal relief to States and to protect and
maintain State Medicaid and certain
other assistance programs in a period of
economic downturn. The increased
FMAP rates apply during a recession
adjustment period that is defined as the
period beginning October 1, 2008 and
ending December 31, 2010.
DATES: Effective Date: The percentages
listed are for the third quarter of FY09
beginning April 1, 2009 and ending June
30, 2009 and for the fourth quarter of
FY09 beginning July 1, 2009 and ending
September 30, 2009.
A. Background
The FMAP is used to determine the
amount of Federal matching for
specified State expenditures for
assistance payments under programs
under the Social Security Act. Sections
1905(b) and 1101(a)(8)(B) of the Social
Security Act (‘‘the Act’’) require the
Secretary of Health and Human Services
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
to publish the FMAP rates each year.
The Secretary calculates the percentages
using formulas set forth in sections
1905(b) and 1101(a)(8)(B), and from the
Department of Commerce’s statistics of
average income per person in each State
and for the nation as a whole. The
percentages must be within the upper
and lower limits given in section
1905(b) of the Act. The percentages to
be applied to the District of Columbia,
Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Northern
Mariana Islands are specified separately
in the Act, and thus are not based on the
statutory formula that determines the
percentages for the 50 States.
Section 1905(b) of the Act specifies
the formula for calculating FMAP as
follows:
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
The FMAP for any State shall be 100 per
centum less the State percentage; and the
State percentage shall be that percentage
which bears the same ratio to 45 per centum
as the square of the per capita income of such
State bears to the square of the per capita
income of the continental United States
(including Alaska) and Hawaii; except that
(1) the FMAP shall in no case be less than
50 per centum or more than 83 per centum,
and (2) the FMAP for Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands,
and American Samoa shall be 50 per centum.
Section 4725 of the Balanced Budget
Act of 1997 amended section 1905(b) to
provide that the FMAP for the District
of Columbia for purposes of titles XIX
(Medicaid) and XXI (CHIP) shall be 70
percent. The Medicare Improvements
for Patients and Providers Act of 2008
(Pub. L. 110–275) amended the FMAP
applied to the District of Columbia for
maintenance payments under title IV–E
programs to make it consistent with the
70 percent Medicaid match rate.
Section 5001 of Division B of the
ARRA provides for a temporary increase
in FMAP rates for Medicaid and title
IV–E Foster Care, Adoption Assistance
and Guardianship Assistance programs.
The purposes of the increases to the
FMAP rates are to provide fiscal relief
to States and to protect and maintain
State Medicaid and certain other
assistance programs in a period of
economic downturn, referred to as the
‘‘recession adjustment period.’’ The
recession adjustment period is defined
as the period beginning October 1, 2008
and ending December 31, 2010.
On August 4, 2009, we published a
notice with a comment period that
described the methodology for
calculating the increased Federal
matching funding made available under
ARRA. (74 FR 38630.) In this issuance,
we consider the single comment we
received on that prior notice, and set
forth the final methodology and FMAP
VerDate Nov<24>2008
15:16 Dec 07, 2009
Jkt 220001
rates for the third and fourth quarters of
Federal fiscal year 2009.
B. Calculation of the Increased FMAP
Rates Under ARRA
Section 5001 of the ARRA specifies
that the FMAP rates shall be temporarily
increased for the following: (1)
Maintenance of FMAP rates for FY09,
FY10, and first quarter of FY11, so that
the FMAP rate will not decrease from
the prior year, determined by using as
the FMAP rate for the current year the
greater of any prior fiscal year FMAP
rates between 2008–2010 or the rate
calculated for the current fiscal year; (2)
in addition to any maintenance
increase, the application of an increase
in each State’s FMAP of 6.2 percentage
points; and (3) an additional percentage
point increase based on the State’s
increase in unemployment during the
recession adjustment period. The
resulting increased FMAP cannot
exceed 100 percent. Each State’s FMAP
will be recalculated each fiscal quarter
beginning October 2008. Availability of
certain components of the increased
FMAP is conditioned on States meeting
statutory programmatic requirements,
such as the maintenance of effort
requirement, which are not part of the
calculation process.
Expenditures for which the increased
FMAP is not available under title XIX
include expenditures for
disproportionate share hospital
payments, certain eligibility expansions,
services received through an IHS or
Tribal facility (which are already paid at
a rate of 100 percent and therefore not
subject to increase), and expenditures
that are paid at an enhanced FMAP rate.
The increased FMAP is available for
expenditures under part E of title IV
(including Foster Care, Adoption
Assistance and Guardianship Assistance
programs) only to the extent of a
maintenance increase (hold harmless), if
any, and the 6.2 percentage point
increase. The increased FMAP does not
apply to part D of title IV–E (Child
Support Enforcement Program).
For title XIX purposes only, for each
qualifying State with an unemployment
rate that has increased at a rate above
the statutory threshold percentage,
ARRA provides additional relief above
the general 6.2 percentage point
increase in FMAP through application
of a separate increase calculation. For
those States, the FMAP for each
qualifying State is increased by the
number of percentage points equal to
the product of the State matching
percentage (as calculated under section
1905(b) and adjusted if necessary for the
maintenance of FMAP without
reduction from the prior year, and after
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
applying half of the 6.2 percentage point
general increase in the Federal
percentage) and the applicable percent
determined from the State
unemployment increase percentage for
the quarter.
The unemployment increase
percentage for a calendar quarter is
equal to the number of percentage
points (if any) by which the average
monthly unemployment rate for the
State in the most recent previous 3consecutive-month period for which
data are available exceeds the lowest
average monthly unemployment rate for
the State for any 3-consecutive-month
period beginning on or after January 1,
2006. A State qualifies for additional
relief based on an increase in
unemployment if that State’s
unemployment increase percentage is at
least 1.5 percentage points.
The applicable percent is: (1) 5.5
percent if the State unemployment
increase percentage is at least 1.5
percentage points but less than 2.5
percentage points; (2) 8.5 percent if the
State unemployment increase
percentage is at least 2.5 percentage
points but less than 3.5 percentage
points; and (3) 11.5 percent if the State
unemployment increase percentage is at
least 3.5 percentage points.
If the State’s applicable percent is less
than the applicable percent for the
preceding quarter, then the higher
applicable percent shall continue in
effect for any calendar quarter beginning
on January 1, 2009 and ending before
July 1, 2010.
Puerto Rico, the Virgin Islands, Guam,
the Commonwealth of the Northern
Mariana Islands, and America Samoa
can make a one-time election between
(1) a 30 percent increase in their cap on
Medicaid payments (as determined
under subsections (f) and (g) of section
1108 of the Social Security Act), or (2)
applying the increase of 6.2 percentage
points in the FMAP plus a 15 percent
increase in the cap on Medicaid
payments. There is no quarterly
unemployment adjustment for
Territories. As a result, we are not
addressing the Territories or
Commonwealth in this document, and
will instead work with them separately
and individually.
C. Response to Public Comments on
Methodology
Only one comment was received in
response to the request for public
comments on the methodology set forth
in the August 4, 2009 Notice. The
commenter supported the methodology
set forth in the August 4, 2009 Notice
for the calculation of the ARRA
increased FMAP. In light of the absence
E:\FR\FM\08DEN1.SGM
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
of any issues raised through public
comment, the methodology for
calculating the adjusted FMAPs will
remain as it was set forth in the August
4, 2009 Notice.
D. Adjusted FMAPs for the Third and
Fourth Quarters of 2009
ARRA adjustments to FMAPs are
shown by State in the accompanying
table. The hold harmless FY09 FMAP is
the higher of the original FY08 or FY09
FMAP. The 6.2 percentage point
increase is added to the hold harmless
FY09 FMAP. The unemployment tier is
determined by comparing the average
unemployment rate for the three
consecutive months preceding the start
of each fiscal quarter to the lowest
consecutive 3-month average
unemployment rate beginning January
1, 2006. The unemployment adjustment
is calculated according to the
unemployment tier and added to the
hold harmless FY09 FMAP with the 6.2
percentage point increase.
FOR FURTHER INFORMATION CONTACT:
Carrie Shelton or Thomas Musco, Office
of Health Policy, Office of the Assistant
Secretary for Planning and Evaluation,
Room 447D—Hubert H. Humphrey
Building, 200 Independence Avenue,
SW., Washington, DC 20201, (202) 690–
6870.
(Catalog of Federal Domestic Assistance
Program Nos. 93.558: TANF Contingency
Funds; 93.563: Child Support Enforcement;
93–596: Child Care Mandatory and Matching
Funds of the Child Care and Development
Fund; 93.658: Foster Care; 93.659: Adoption
Assistance; 93.090: Guardianship Assistance;
93.769: Ticket-to-Work and Work Incentives
Improvement Act)
Dated: November 20, 2009.
Kathleen Sebelius,
Secretary.
ARRA ADJUSTMENTS TO FMAP Q3 & Q4 FY09
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
State
Alabama ............
Alaska ................
Arizona ..............
Arkansas ...........
California ...........
Colorado ............
Connecticut .......
Delaware ...........
District of Columbia ..................
Florida ...............
Georgia ..............
Hawaii ................
Idaho .................
Illinois ................
Indiana ...............
Iowa ...................
Kansas ..............
Kentucky ............
Louisiana ...........
Maine .................
Maryland ............
Massachusetts ..
Michigan ............
Minnesota ..........
Mississippi .........
Missouri .............
Montana ............
Nebraska ...........
Nevada ..............
New Hampshire
New Jersey .......
New Mexico .......
New York ...........
North Carolina ...
North Dakota .....
Ohio ...................
Oklahoma ..........
Oregon ..............
Pennsylvania .....
Rhode Island .....
South Carolina ..
South Dakota ....
Tennessee .........
Texas .................
Utah ...................
Vermont .............
Virginia ..............
Washington .......
West Virginia .....
Wisconsin ..........
Wyoming ...........
VerDate Nov<24>2008
FY08
original
FMAP
FY09
original
FMAP
Hold
harmless
FY09
Hold
harmless
FY09
FMAP
with
6.2%pt
increase
1st & 2nd
Quarter
FY09
FMAP
unemployment
adjustment
3rd Quarter FY09
FMAP
unemployment
adjustment
3-month
average
unemployment
ending
June
2009
Minimum
unemployment
Unemployment
difference
Unemployment
tier
Unemployment
adjustment Q4
FY09
4th Quarter FY09
FMAP
unemployment
adjustment
67.62
52.48
66.20
72.94
50.00
50.00
50.00
50.00
67.98
50.53
65.77
72.81
50.00
50.00
50.00
50.00
67.98
52.48
66.20
72.94
50.00
50.00
50.00
50.00
74.18
58.68
72.40
79.14
56.20
56.20
56.20
56.20
76.64
58.68
75.01
79.14
61.59
58.78
60.19
60.19
77.51
61.12
75.93
80.46
61.59
61.59
60.19
61.59
9.6
8.2
8.2
6.9
11.4
7.5
7.8
8.0
3.3
6.0
3.6
4.8
4.8
3.6
4.3
3.3
6.3
2.2
4.6
2.1
6.6
3.9
3.5
4.7
11.5
5.5
11.5
5.5
11.5
11.5
11.5
11.5
3.33
2.44
3.53
1.32
5.39
5.39
5.39
5.39
77.51
61.12
75.93
80.46
61.59
61.59
61.59
61.59
70.00
56.83
63.10
56.50
69.87
50.00
62.69
61.73
59.43
69.78
72.47
63.31
50.00
50.00
58.10
50.00
76.29
62.42
68.53
58.02
52.64
50.00
50.00
71.04
50.00
64.05
63.75
60.79
67.10
60.86
54.08
52.51
69.79
60.03
63.71
60.56
71.63
59.03
50.00
51.52
74.25
57.62
50.00
70.00
55.40
64.49
55.11
69.77
50.32
64.26
62.62
60.08
70.13
71.31
64.41
50.00
50.00
60.27
50.00
75.84
63.19
68.04
59.54
50.00
50.00
50.00
70.88
50.00
64.60
63.15
62.14
65.90
62.45
54.52
52.59
70.07
62.55
64.28
59.44
70.71
59.45
50.00
50.94
73.73
59.38
50.00
70.00
56.83
64.49
56.50
69.87
50.32
64.26
62.62
60.08
70.13
72.47
64.41
50.00
50.00
60.27
50.00
76.29
63.19
68.53
59.54
52.64
50.00
50.00
71.04
50.00
64.60
63.75
62.14
67.10
62.45
54.52
52.59
70.07
62.55
64.28
60.56
71.63
59.45
50.00
51.52
74.25
59.38
50.00
76.20
63.03
70.69
62.70
76.07
56.52
70.46
68.82
66.28
76.33
78.67
70.61
56.20
56.20
66.47
56.20
82.49
69.39
74.73
65.74
58.84
56.20
56.20
77.24
56.20
70.80
69.95
68.34
73.30
68.65
60.72
58.79
76.27
68.75
70.48
66.76
77.83
65.65
56.20
57.72
80.45
65.58
56.20
77.68
67.64
73.44
66.13
78.37
60.48
73.23
68.82
66.28
77.80
80.01
72.40
58.78
58.78
69.58
60.19
83.62
71.24
76.29
65.74
63.93
56.20
58.78
77.24
58.78
73.55
69.95
70.25
74.94
71.58
63.05
63.89
78.55
68.75
73.25
68.76
77.83
67.71
58.78
60.22
80.45
65.58
56.20
79.29
67.64
74.42
67.35
79.18
61.88
74.21
68.82
68.31
79.41
80.01
74.35
60.19
60.19
70.68
61.59
84.24
73.27
77.14
67.79
63.93
58.78
61.59
78.66
60.19
74.51
69.95
72.34
74.94
72.61
64.32
63.89
79.36
70.64
74.23
68.76
79.98
69.96
61.59
62.94
81.70
68.77
56.20
10.5
10.2
9.6
7.2
7.7
9.9
10.4
5.6
6.8
10.5
6.5
8.3
7.1
8.3
14.1
8.2
9.3
8.8
6.2
4.8
11.3
6.6
8.8
6.4
8.2
10.9
4.2
10.7
6.3
12.0
8.1
11.9
11.8
5.0
10.5
7.1
5.4
7.3
7.0
9.1
8.4
8.8
5.2
5.4
3.3
4.3
2.2
2.8
4.4
4.4
3.7
4.0
5.4
3.5
4.4
3.4
4.4
6.7
3.9
6.0
4.7
3.2
2.8
4.2
3.4
4.2
3.5
4.3
4.5
3.0
5.3
3.3
5.0
4.3
4.8
5.5
2.7
4.5
4.4
2.5
3.5
2.8
4.4
4.2
4.4
2.8
5.1
6.9
5.3
5.0
4.9
5.5
6.0
1.9
2.8
5.1
3.0
3.9
3.7
3.9
7.4
4.3
3.3
4.1
3.0
2.0
7.1
3.2
4.6
2.9
3.9
6.4
1.2
5.4
3.0
7.0
3.8
7.1
6.3
2.3
6.0
2.7
2.9
3.8
4.2
4.7
4.2
4.4
2.4
11.5
11.5
11.5
11.5
11.5
11.5
11.5
5.5
8.5
11.5
8.5
11.5
11.5
11.5
11.5
11.5
8.5
11.5
8.5
5.5
11.5
8.5
11.5
8.5
11.5
11.5
0
11.5
8.5
11.5
11.5
11.5
11.5
5.5
11.5
8.5
8.5
11.5
11.5
11.5
11.5
11.5
5.5
3.09
4.61
3.73
4.65
3.11
5.36
3.75
1.89
3.13
3.08
2.08
3.74
5.39
5.39
4.21
5.39
1.75
3.88
2.41
2.05
5.09
3.99
5.39
2.20
5.39
3.71
0.00
4.00
2.53
3.96
4.87
5.10
3.09
1.89
3.75
3.09
2.15
4.31
5.39
5.22
2.60
4.31
2.58
79.29
67.64
74.42
67.35
79.18
61.88
74.21
70.71
69.41
79.41
80.75
74.35
61.59
61.59
70.68
61.59
84.24
73.27
77.14
67.79
63.93
60.19
61.59
79.44
61.59
74.51
69.95
72.34
75.83
72.61
65.59
63.89
79.36
70.64
74.23
69.85
79.98
69.96
61.59
62.94
83.05
69.89
58.78
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
[FR Doc. E9–29248 Filed 12–7–09; 8:45 am]
BILLING CODE 4210–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Toxicology Program (NTP);
Center for the Evaluation of Risks to
Human Reproduction (CERHR);
Announcement of the Soy Formula
Expert Panel Meeting: Amended Notice
AGENCY: National Institute of
Environmental Health Sciences
(NIEHS), National Institutes of Health
(NIH).
ACTION: Availability of telephone
conferencing and extension of
registration period.
The CERHR announces the
availability of a teleconference line to
allow presentation of oral comments at
the expert panel meeting on December
16–18, 2009, at the Hilton Alexandria
Old Town, 1767 King Street,
Alexandria, VA. Information regarding
the soy formula expert panel meeting
was announced in the Federal Register
(74 FR 53508) published on October 19,
2009, and is available on the CERHR
Web site (https://cerhr.niehs.nih.gov).
The guidelines and deadlines published
in this Federal Register notice still
apply, except that the deadline for
registering to attend or to present oral
comments by telephone is now
December 11, 2009.
DATES: The expert panel meeting for soy
formula will be held on December 16–
18, 2009, and convene each day at 8:30
a.m. EST. Persons wishing to attend are
asked to register by December 11, 2009,
via the CERHR Web site (https://
cerhr.niehs.nih.gov). Time is set-aside at
the expert panel meeting on December
16, 2009, for oral public comments.
Individuals wishing to make oral public
comments are asked to register online
(https://cerhr.niehs.nih.gov) or contact
Dr. Kristina A. Thayer, CERHR Acting
Director, by December 11, 2009, and if
possible, send a copy of the statement
at that time.
ADDRESSES: The meeting will be held at
the Hilton Alexandria Old Town, 1767
King Street, Alexandria, VA. Access to
on-line registration to either attend the
meeting in person or participate by
teleconference line is available on the
CERHR Web site (https://
cerhr.niehs.nih.gov). Public comments
and any other correspondence should be
submitted to Dr. Kristina A. Thayer,
CERHR Acting Director, NIEHS, P.O.
Box 12233, Mail Drop K2–04, Research
Triangle Park, NC 27709 (mail), 919–
541–5021 (telephone), or
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
SUMMARY:
VerDate Nov<24>2008
15:16 Dec 07, 2009
Jkt 220001
thayer@niehs.nih.gov (e-mail). Courier
address: NIEHS, 530 Davis Drive, Room
K2154, Morrisville, NC 27560.
FOR FURTHER INFORMATION CONTACT: Dr.
Kristina A. Thayer (telephone: 919–541–
5021 or e-mail: thayer@niehs.nih.gov).
SUPPLEMENTARY INFORMATION:
Teleconferencing
To allow greater public participation
at the soy formula expert panel meeting,
the NTP will provide a teleconference
line to access the public comment
session of the meeting. The NTP has
reserved a limited number of telephone
lines for this call and access availability
will be on a first-come, first-served
basis. Individuals interested in
participating in the meeting by
teleconference line must register by
December 11, 2009. Those registering to
present oral comments by telephone
will be provided the access number
prior to the meeting. The formal public
comment period is scheduled for
December 16, 2009, at approximately 9
a.m. until 10 a.m. EST. Oral public
comments should not exceed 7 minutes
in length and each organization is
allowed only one comment slot (in
person or by telephone). Every effort
will be made to accommodate the
public, but the total time allotted for
oral comments and the time allotted per
speaker by telephone will depend on
the number of people who register
online to speak. In addition,
teleconference participants are
encouraged to send a copy of their oral
statement or talking points, which can
supplement and/or expand the oral
presentation, for distribution at the
meeting and for the meeting record.
Dated: December 1, 2009.
John R. Bucher,
Associate Director, National Toxicology
Program.
[FR Doc. E9–29249 Filed 12–7–09; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Government-Owned Inventions;
Availability for Licensing
AGENCY: National Institutes of Health,
Public Health Service, HHS.
ACTION: Notice.
SUMMARY: The inventions listed below
are owned by an agency of the U.S.
Government and are available for
licensing in the U.S. in accordance with
35 U.S.C. 207 to achieve expeditious
commercialization of results of
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
federally-funded research and
development. Foreign patent
applications are filed on selected
inventions to extend market coverage
for companies and may also be available
for licensing.
ADDRESSES: Licensing information and
copies of the U.S. patent applications
listed below may be obtained by writing
to the indicated licensing contact at the
Office of Technology Transfer, National
Institutes of Health, 6011 Executive
Boulevard, Suite 325, Rockville,
Maryland 20852–3804; telephone: 301/
496–7057; fax: 301/402–0220. A signed
Confidential Disclosure Agreement will
be required to receive copies of the
patent applications.
Human Renal Cell Carcinoma (RCC)
Cell Lines Derived From Surgically
Removed Tumors
Description of Technology: Scientists
at the National Institutes of Health (NIH)
have developed three cell lines obtained
from renal cell carcinoma (RCC)
patients. The cell lines, designated 1581
RCC, 1764 RCC, and 2194 RCC, were
derived from human tumor samples
surgically resected from patients in the
inventors’ clinic. Each cell line is
human leukocyte antigen-A2 (HLA–A2)
negative and expresses a variety of
known tumor antigens. The 1764 RCC
cell line is known to express the HLA–
A3 antigen and high levels of
nonmutated fibroblast growth factor 5
(FGF–5). These cell lines can be widely
used in molecular biology for various
assays and to screen for potential
therapeutics with activity against RCC.
The RCC cell lines can also serve as
negative control samples for HLA–A2
expression.
Applications:
• Research tools for examining the
common and diverse biological and
pathological features of RCC from
different patients in vitro.
• Research tools for testing the
activity of potential anti-cancer drugs
against RCC.
• Source for mRNA and protein
antigens expressed in kidney cancer.
• Negative control cell lines for HLA–
A2 expression in molecular biology.
• Possible starting material for
developing a cancer vaccine against
RCC.
Advantages:
• Cell lines are derived directly from
RCC patient samples: These cell lines
are anticipated to retain many features
of primary RCC samples. Studies
performed using these cell lines may
have a direct correlation to the
initiation, progression, treatment, and
prevention of RCC in humans.
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64697-64700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29248]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Implementation of Section 5001 of the American Recovery and
Reinvestment Act of 2009 for Adjustments to the Third and Fourth
Quarters of Fiscal Year 2009 Federal Medical Assistance Percentage
Rates for Federal Matching Shares for Medicaid and Title IV-E Foster
Care, Adoption Assistance and Guardianship Assistance Programs
AGENCY: Office of the Secretary, DHHS.
ACTION: Notice
-----------------------------------------------------------------------
SUMMARY: This notice finalizes the methodology for calculating the
higher Federal matching funding that is made available under Section
5001 of the American Recovery and Reinvestment Act of 2009 (ARRA), and
provides the final calculation of the adjusted Federal Medical
Assistance Percentage (FMAP) rates for the third and fourth quarters of
Fiscal Year 2009 (FY09). Section 5001 of the ARRA provides for
temporary increases in the FMAP rates to provide fiscal relief to
States and to protect and maintain State Medicaid and certain other
assistance programs in a period of economic downturn. The increased
FMAP rates apply during a recession adjustment period that is defined
as the period beginning October 1, 2008 and ending December 31, 2010.
DATES: Effective Date: The percentages listed are for the third quarter
of FY09 beginning April 1, 2009 and ending June 30, 2009 and for the
fourth quarter of FY09 beginning July 1, 2009 and ending September 30,
2009.
A. Background
The FMAP is used to determine the amount of Federal matching for
specified State expenditures for assistance payments under programs
under the Social Security Act. Sections 1905(b) and 1101(a)(8)(B) of
the Social Security Act (``the Act'') require the Secretary of Health
and Human Services
[[Page 64698]]
to publish the FMAP rates each year. The Secretary calculates the
percentages using formulas set forth in sections 1905(b) and
1101(a)(8)(B), and from the Department of Commerce's statistics of
average income per person in each State and for the nation as a whole.
The percentages must be within the upper and lower limits given in
section 1905(b) of the Act. The percentages to be applied to the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands are specified separately in the
Act, and thus are not based on the statutory formula that determines
the percentages for the 50 States.
Section 1905(b) of the Act specifies the formula for calculating
FMAP as follows:
The FMAP for any State shall be 100 per centum less the State
percentage; and the State percentage shall be that percentage which
bears the same ratio to 45 per centum as the square of the per
capita income of such State bears to the square of the per capita
income of the continental United States (including Alaska) and
Hawaii; except that (1) the FMAP shall in no case be less than 50
per centum or more than 83 per centum, and (2) the FMAP for Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa shall be 50 per centum.
Section 4725 of the Balanced Budget Act of 1997 amended section
1905(b) to provide that the FMAP for the District of Columbia for
purposes of titles XIX (Medicaid) and XXI (CHIP) shall be 70 percent.
The Medicare Improvements for Patients and Providers Act of 2008 (Pub.
L. 110-275) amended the FMAP applied to the District of Columbia for
maintenance payments under title IV-E programs to make it consistent
with the 70 percent Medicaid match rate.
Section 5001 of Division B of the ARRA provides for a temporary
increase in FMAP rates for Medicaid and title IV-E Foster Care,
Adoption Assistance and Guardianship Assistance programs. The purposes
of the increases to the FMAP rates are to provide fiscal relief to
States and to protect and maintain State Medicaid and certain other
assistance programs in a period of economic downturn, referred to as
the ``recession adjustment period.'' The recession adjustment period is
defined as the period beginning October 1, 2008 and ending December 31,
2010.
On August 4, 2009, we published a notice with a comment period that
described the methodology for calculating the increased Federal
matching funding made available under ARRA. (74 FR 38630.) In this
issuance, we consider the single comment we received on that prior
notice, and set forth the final methodology and FMAP rates for the
third and fourth quarters of Federal fiscal year 2009.
B. Calculation of the Increased FMAP Rates Under ARRA
Section 5001 of the ARRA specifies that the FMAP rates shall be
temporarily increased for the following: (1) Maintenance of FMAP rates
for FY09, FY10, and first quarter of FY11, so that the FMAP rate will
not decrease from the prior year, determined by using as the FMAP rate
for the current year the greater of any prior fiscal year FMAP rates
between 2008-2010 or the rate calculated for the current fiscal year;
(2) in addition to any maintenance increase, the application of an
increase in each State's FMAP of 6.2 percentage points; and (3) an
additional percentage point increase based on the State's increase in
unemployment during the recession adjustment period. The resulting
increased FMAP cannot exceed 100 percent. Each State's FMAP will be
recalculated each fiscal quarter beginning October 2008. Availability
of certain components of the increased FMAP is conditioned on States
meeting statutory programmatic requirements, such as the maintenance of
effort requirement, which are not part of the calculation process.
Expenditures for which the increased FMAP is not available under
title XIX include expenditures for disproportionate share hospital
payments, certain eligibility expansions, services received through an
IHS or Tribal facility (which are already paid at a rate of 100 percent
and therefore not subject to increase), and expenditures that are paid
at an enhanced FMAP rate. The increased FMAP is available for
expenditures under part E of title IV (including Foster Care, Adoption
Assistance and Guardianship Assistance programs) only to the extent of
a maintenance increase (hold harmless), if any, and the 6.2 percentage
point increase. The increased FMAP does not apply to part D of title
IV-E (Child Support Enforcement Program).
For title XIX purposes only, for each qualifying State with an
unemployment rate that has increased at a rate above the statutory
threshold percentage, ARRA provides additional relief above the general
6.2 percentage point increase in FMAP through application of a separate
increase calculation. For those States, the FMAP for each qualifying
State is increased by the number of percentage points equal to the
product of the State matching percentage (as calculated under section
1905(b) and adjusted if necessary for the maintenance of FMAP without
reduction from the prior year, and after applying half of the 6.2
percentage point general increase in the Federal percentage) and the
applicable percent determined from the State unemployment increase
percentage for the quarter.
The unemployment increase percentage for a calendar quarter is
equal to the number of percentage points (if any) by which the average
monthly unemployment rate for the State in the most recent previous 3-
consecutive-month period for which data are available exceeds the
lowest average monthly unemployment rate for the State for any 3-
consecutive-month period beginning on or after January 1, 2006. A State
qualifies for additional relief based on an increase in unemployment if
that State's unemployment increase percentage is at least 1.5
percentage points.
The applicable percent is: (1) 5.5 percent if the State
unemployment increase percentage is at least 1.5 percentage points but
less than 2.5 percentage points; (2) 8.5 percent if the State
unemployment increase percentage is at least 2.5 percentage points but
less than 3.5 percentage points; and (3) 11.5 percent if the State
unemployment increase percentage is at least 3.5 percentage points.
If the State's applicable percent is less than the applicable
percent for the preceding quarter, then the higher applicable percent
shall continue in effect for any calendar quarter beginning on January
1, 2009 and ending before July 1, 2010.
Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and America Samoa can make a one-time
election between (1) a 30 percent increase in their cap on Medicaid
payments (as determined under subsections (f) and (g) of section 1108
of the Social Security Act), or (2) applying the increase of 6.2
percentage points in the FMAP plus a 15 percent increase in the cap on
Medicaid payments. There is no quarterly unemployment adjustment for
Territories. As a result, we are not addressing the Territories or
Commonwealth in this document, and will instead work with them
separately and individually.
C. Response to Public Comments on Methodology
Only one comment was received in response to the request for public
comments on the methodology set forth in the August 4, 2009 Notice. The
commenter supported the methodology set forth in the August 4, 2009
Notice for the calculation of the ARRA increased FMAP. In light of the
absence
[[Page 64699]]
of any issues raised through public comment, the methodology for
calculating the adjusted FMAPs will remain as it was set forth in the
August 4, 2009 Notice.
D. Adjusted FMAPs for the Third and Fourth Quarters of 2009
ARRA adjustments to FMAPs are shown by State in the accompanying
table. The hold harmless FY09 FMAP is the higher of the original FY08
or FY09 FMAP. The 6.2 percentage point increase is added to the hold
harmless FY09 FMAP. The unemployment tier is determined by comparing
the average unemployment rate for the three consecutive months
preceding the start of each fiscal quarter to the lowest consecutive 3-
month average unemployment rate beginning January 1, 2006. The
unemployment adjustment is calculated according to the unemployment
tier and added to the hold harmless FY09 FMAP with the 6.2 percentage
point increase.
FOR FURTHER INFORMATION CONTACT: Carrie Shelton or Thomas Musco, Office
of Health Policy, Office of the Assistant Secretary for Planning and
Evaluation, Room 447D--Hubert H. Humphrey Building, 200 Independence
Avenue, SW., Washington, DC 20201, (202) 690-6870.
(Catalog of Federal Domestic Assistance Program Nos. 93.558: TANF
Contingency Funds; 93.563: Child Support Enforcement; 93-596: Child
Care Mandatory and Matching Funds of the Child Care and Development
Fund; 93.658: Foster Care; 93.659: Adoption Assistance; 93.090:
Guardianship Assistance; 93.769: Ticket-to-Work and Work Incentives
Improvement Act)
Dated: November 20, 2009.
Kathleen Sebelius,
Secretary.
ARRA Adjustments to FMAP Q3 & Q4 FY09
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hold
harmless 1st & 2nd 3rd Quarter 3-month 4th Quarter
FY08 FY09 Hold FY09 FMAP Quarter FY09 FY09 FMAP average Minimum Unemployment Unemployment Unemployment FY09 FMAP
State original original harmless with FMAP unemployment unemployment unemployment difference tier adjustment unemployment
FMAP FMAP FY09 6.2%pt unemployment adjustment ending June Q4 FY09 adjustment
increase adjustment 2009
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama............................. 67.62 67.98 67.98 74.18 76.64 77.51 9.6 3.3 6.3 11.5 3.33 77.51
Alaska.............................. 52.48 50.53 52.48 58.68 58.68 61.12 8.2 6.0 2.2 5.5 2.44 61.12
Arizona............................. 66.20 65.77 66.20 72.40 75.01 75.93 8.2 3.6 4.6 11.5 3.53 75.93
Arkansas............................ 72.94 72.81 72.94 79.14 79.14 80.46 6.9 4.8 2.1 5.5 1.32 80.46
California.......................... 50.00 50.00 50.00 56.20 61.59 61.59 11.4 4.8 6.6 11.5 5.39 61.59
Colorado............................ 50.00 50.00 50.00 56.20 58.78 61.59 7.5 3.6 3.9 11.5 5.39 61.59
Connecticut......................... 50.00 50.00 50.00 56.20 60.19 60.19 7.8 4.3 3.5 11.5 5.39 61.59
Delaware............................ 50.00 50.00 50.00 56.20 60.19 61.59 8.0 3.3 4.7 11.5 5.39 61.59
District of Columbia................ 70.00 70.00 70.00 76.20 77.68 79.29 10.5 5.4 5.1 11.5 3.09 79.29
Florida............................. 56.83 55.40 56.83 63.03 67.64 67.64 10.2 3.3 6.9 11.5 4.61 67.64
Georgia............................. 63.10 64.49 64.49 70.69 73.44 74.42 9.6 4.3 5.3 11.5 3.73 74.42
Hawaii.............................. 56.50 55.11 56.50 62.70 66.13 67.35 7.2 2.2 5.0 11.5 4.65 67.35
Idaho............................... 69.87 69.77 69.87 76.07 78.37 79.18 7.7 2.8 4.9 11.5 3.11 79.18
Illinois............................ 50.00 50.32 50.32 56.52 60.48 61.88 9.9 4.4 5.5 11.5 5.36 61.88
Indiana............................. 62.69 64.26 64.26 70.46 73.23 74.21 10.4 4.4 6.0 11.5 3.75 74.21
Iowa................................ 61.73 62.62 62.62 68.82 68.82 68.82 5.6 3.7 1.9 5.5 1.89 70.71
Kansas.............................. 59.43 60.08 60.08 66.28 66.28 68.31 6.8 4.0 2.8 8.5 3.13 69.41
Kentucky............................ 69.78 70.13 70.13 76.33 77.80 79.41 10.5 5.4 5.1 11.5 3.08 79.41
Louisiana........................... 72.47 71.31 72.47 78.67 80.01 80.01 6.5 3.5 3.0 8.5 2.08 80.75
Maine............................... 63.31 64.41 64.41 70.61 72.40 74.35 8.3 4.4 3.9 11.5 3.74 74.35
Maryland............................ 50.00 50.00 50.00 56.20 58.78 60.19 7.1 3.4 3.7 11.5 5.39 61.59
Massachusetts....................... 50.00 50.00 50.00 56.20 58.78 60.19 8.3 4.4 3.9 11.5 5.39 61.59
Michigan............................ 58.10 60.27 60.27 66.47 69.58 70.68 14.1 6.7 7.4 11.5 4.21 70.68
Minnesota........................... 50.00 50.00 50.00 56.20 60.19 61.59 8.2 3.9 4.3 11.5 5.39 61.59
Mississippi......................... 76.29 75.84 76.29 82.49 83.62 84.24 9.3 6.0 3.3 8.5 1.75 84.24
Missouri............................ 62.42 63.19 63.19 69.39 71.24 73.27 8.8 4.7 4.1 11.5 3.88 73.27
Montana............................. 68.53 68.04 68.53 74.73 76.29 77.14 6.2 3.2 3.0 8.5 2.41 77.14
Nebraska............................ 58.02 59.54 59.54 65.74 65.74 67.79 4.8 2.8 2.0 5.5 2.05 67.79
Nevada.............................. 52.64 50.00 52.64 58.84 63.93 63.93 11.3 4.2 7.1 11.5 5.09 63.93
New Hampshire....................... 50.00 50.00 50.00 56.20 56.20 58.78 6.6 3.4 3.2 8.5 3.99 60.19
New Jersey.......................... 50.00 50.00 50.00 56.20 58.78 61.59 8.8 4.2 4.6 11.5 5.39 61.59
New Mexico.......................... 71.04 70.88 71.04 77.24 77.24 78.66 6.4 3.5 2.9 8.5 2.20 79.44
New York............................ 50.00 50.00 50.00 56.20 58.78 60.19 8.2 4.3 3.9 11.5 5.39 61.59
North Carolina...................... 64.05 64.60 64.60 70.80 73.55 74.51 10.9 4.5 6.4 11.5 3.71 74.51
North Dakota........................ 63.75 63.15 63.75 69.95 69.95 69.95 4.2 3.0 1.2 0 0.00 69.95
Ohio................................ 60.79 62.14 62.14 68.34 70.25 72.34 10.7 5.3 5.4 11.5 4.00 72.34
Oklahoma............................ 67.10 65.90 67.10 73.30 74.94 74.94 6.3 3.3 3.0 8.5 2.53 75.83
Oregon.............................. 60.86 62.45 62.45 68.65 71.58 72.61 12.0 5.0 7.0 11.5 3.96 72.61
Pennsylvania........................ 54.08 54.52 54.52 60.72 63.05 64.32 8.1 4.3 3.8 11.5 4.87 65.59
Rhode Island........................ 52.51 52.59 52.59 58.79 63.89 63.89 11.9 4.8 7.1 11.5 5.10 63.89
South Carolina...................... 69.79 70.07 70.07 76.27 78.55 79.36 11.8 5.5 6.3 11.5 3.09 79.36
South Dakota........................ 60.03 62.55 62.55 68.75 68.75 70.64 5.0 2.7 2.3 5.5 1.89 70.64
Tennessee........................... 63.71 64.28 64.28 70.48 73.25 74.23 10.5 4.5 6.0 11.5 3.75 74.23
Texas............................... 60.56 59.44 60.56 66.76 68.76 68.76 7.1 4.4 2.7 8.5 3.09 69.85
Utah................................ 71.63 70.71 71.63 77.83 77.83 79.98 5.4 2.5 2.9 8.5 2.15 79.98
Vermont............................. 59.03 59.45 59.45 65.65 67.71 69.96 7.3 3.5 3.8 11.5 4.31 69.96
Virginia............................ 50.00 50.00 50.00 56.20 58.78 61.59 7.0 2.8 4.2 11.5 5.39 61.59
Washington.......................... 51.52 50.94 51.52 57.72 60.22 62.94 9.1 4.4 4.7 11.5 5.22 62.94
West Virginia....................... 74.25 73.73 74.25 80.45 80.45 81.70 8.4 4.2 4.2 11.5 2.60 83.05
Wisconsin........................... 57.62 59.38 59.38 65.58 65.58 68.77 8.8 4.4 4.4 11.5 4.31 69.89
Wyoming............................. 50.00 50.00 50.00 56.20 56.20 56.20 5.2 2.8 2.4 5.5 2.58 58.78
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[[Page 64700]]
[FR Doc. E9-29248 Filed 12-7-09; 8:45 am]
BILLING CODE 4210-01-P
