Implementation of Section 5001 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) for Adjustments to the Second Quarter of Fiscal Year 2010 Federal Medical Assistance Percentage Rates for Federal Matching Shares for Medicaid and Title IV-E Foster Care, Adoption Assistance and Guardianship Assistance Programs, 22807-22809 [2010-10055]
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Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
Terry Nicolosi,
Office of the Secretary, Paperwork Reduction
Act Reports Clearance Officer.
[FR Doc. 2010–10085 Filed 4–29–10; 8:45 am]
BILLING CODE 4150–41–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Implementation of Section 5001 of the
American Recovery and Reinvestment
Act of 2009 (Pub. L. 111–5) for
Adjustments to the Second Quarter of
Fiscal Year 2010 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 provides the
adjusted Federal Medical Assistance
Percentage (FMAP) rates for the second
quarter of Fiscal Year 2010 (FY10) as
required under Section 5001 of the
American Recovery and Reinvestment
Act of 2009 (ARRA). 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 in
ARRA as the period beginning October
1, 2008 and ending December 31, 2010.
DATES: Effective Date: These percentages
are effective for the quarter beginning
January 1, 2010 through March 31, 2010.
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
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 (‘‘the
Act’’). Sections 1905(b) and
1101(a)(8)(B) of the Act require the
Secretary of Health and Human Services
to publish the FMAP rates each year.
The Secretary calculates the percentages
using formulas in sections 1905(b) and
1101(a)(8)(B), and statistics from the
Department of Commerce 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
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13:41 Apr 29, 2010
Jkt 220001
statutory formula that determines the
percentages for the 50 States.
Section 1905(b) of the Act specifies
the formula for calculating the 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
(MIPPA) (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 purpose of the increases to the
FMAP rates is 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.
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
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22807
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 other parts of title IV, including
part D (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 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
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22808
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
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.
Under section 5001(b)(2) of ARRA,
Puerto Rico, the Virgin Islands, Guam,
the Commonwealth of the Northern
Mariana Islands, and America Samoa
were given the option to make a special
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 Act), or (2) applying the
general 6.2 percentage point increase in
the FMAP plus a 15 percent increase in
the cap on Medicaid payments. There is
no quarterly unemployment adjustment
for territories. All territories and the
Commonwealth of the Northern Mariana
Islands elected the 30 percent increase
in their spending cap on Medicaid
payments; therefore there is no
recalculation of their FMAP rate.
D. Adjusted FMAPs for the Second
Quarter of 2010
ARRA adjustments to FMAPs are
shown by State in the accompanying
table. The hold harmless FY10 FMAP is
the higher of the original FY08, FY09,
or FY10 FMAP. The 6.2 percentage
point increase is added to the hold
harmless FY10 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 FY10 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; 93.778: Medical
Assistance Program)
Dated: April 13, 2010.
Kathleen Sebelius,
Secretary.
ARRA ADJUSTMENTS TO FMAP Q2 FY10
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
State
Alabama ........
Alaska ...........
Arizona ..........
Arkansas .......
California .......
Colorado .......
Connecticut ...
Delaware .......
Dist 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
VerDate Mar<15>2010
FY08
original
FMAP
FY09
original
FMAP
FY10
original
FMAP
Hold
3-month
harmless
average
Hold
FY10
harmless FMAP with unemployment
FY10
6.2% point
ending
increase
Dec 2009
Minimum Unemploy- Unemployunemployment
ment
ment
difference
tier
Unemployment
adjustment
Q2 FY10
2nd
2nd
quarter
quarter
FY10 FMAP FY10 FMAP
unemployunemployment adjust- ment hold
ment
harmless
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
68.01
51.43
65.75
72.78
50.00
50.00
50.00
50.21
68.01
52.48
66.20
72.94
50.00
50.00
50.00
50.21
74.21
58.68
72.40
79.14
56.20
56.20
56.20
56.41
10.9
8.5
9.2
7.6
12.3
7.4
8.7
8.6
3.3
6.0
3.6
4.8
4.8
3.6
4.3
3.3
7.6
2.5
5.6
2.8
7.5
3.8
4.4
5.3
11.5
8.5
11.5
8.5
11.5
11.5
11.5
11.5
3.32
3.78
3.53
2.04
5.39
5.39
5.39
5.37
77.53
62.46
75.93
81.18
61.59
61.59
61.59
61.78
77.53
62.46
75.93
81.18
61.59
61.59
61.59
61.78
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
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
70.00
54.98
65.10
54.24
69.40
50.17
65.93
63.51
60.38
70.96
67.61
64.99
50.00
70.00
56.83
65.10
56.50
69.87
50.32
65.93
63.51
60.38
70.96
72.47
64.99
50.00
76.20
63.03
71.30
62.70
76.07
56.52
72.13
69.71
66.58
77.16
78.67
71.19
56.20
11.6
11.6
10.2
6.9
9.0
10.9
9.8
6.5
6.7
10.7
7.3
8.1
7.3
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
6.2
8.3
5.9
4.7
6.2
6.5
5.4
2.8
2.7
5.3
3.8
3.7
3.9
11.5
11.5
11.5
11.5
11.5
11.5
11.5
8.5
8.5
11.5
11.5
11.5
11.5
3.09
4.61
3.66
4.65
3.11
5.36
3.56
2.84
3.10
2.98
2.81
3.67
5.39
79.29
67.64
74.96
67.35
79.18
61.88
75.69
72.55
69.68
80.14
81.48
74.86
61.59
79.29
67.64
74.96
67.35
79.18
61.88
75.69
72.55
69.68
80.14
81.48
74.86
61.59
50.00
58.10
50.00
76.29
62.42
68.53
58.02
52.64
50.00
60.27
50.00
75.84
63.19
68.04
59.54
50.00
50.00
63.19
50.00
75.67
64.51
67.42
60.56
50.16
50.00
63.19
50.00
76.29
64.51
68.53
60.56
52.64
56.20
69.39
56.20
82.49
70.71
74.73
66.76
58.84
9.2
14.4
7.6
10.4
9.6
6.6
4.6
12.9
4.4
6.7
3.9
6.0
4.7
3.2
2.8
4.2
4.8
7.7
3.7
4.4
4.9
3.4
1.8
8.7
11.5
11.5
11.5
11.5
11.5
8.5
5.5
11.5
5.39
3.88
5.39
2.37
3.72
2.41
2.00
5.09
61.59
73.27
61.59
84.86
74.43
77.14
68.76
63.93
61.59
73.27
61.59
84.86
74.43
77.99
68.76
63.93
50.00
50.00
71.04
50.00
64.05
63.75
60.79
67.10
60.86
54.08
52.51
50.00
50.00
70.88
50.00
64.60
63.15
62.14
65.90
62.45
54.52
52.59
50.00
50.00
71.35
50.00
65.13
63.01
63.42
64.43
62.74
54.81
52.63
50.00
50.00
71.35
50.00
65.13
63.75
63.42
67.10
62.74
54.81
52.63
56.20
56.20
77.55
56.20
71.33
69.95
69.62
73.30
68.94
61.01
58.83
6.9
9.9
8.1
8.9
10.9
4.3
10.8
6.9
10.7
8.7
12.5
3.4
4.2
3.5
4.3
4.5
3.0
5.3
3.3
5.0
4.3
4.8
3.5
5.7
4.6
4.6
6.4
1.3
5.5
3.6
5.7
4.4
7.7
11.5
11.5
11.5
11.5
11.5
0
11.5
11.5
11.5
11.5
11.5
5.39
5.39
2.94
5.39
3.65
0.00
3.85
3.43
3.93
4.84
5.09
61.59
61.59
80.49
61.59
74.98
69.95
73.47
76.73
72.87
65.85
63.92
61.59
61.59
80.49
61.59
74.98
69.95
73.47
76.73
72.87
65.85
63.92
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Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
ARRA ADJUSTMENTS TO FMAP Q2 FY10—Continued
State
South Carolina .............
South Dakota
Tennessee ....
Texas ............
Utah ..............
Vermont ........
Virginia ..........
Washington ...
West Virginia
Wisconsin ......
Wyoming .......
FY08
original
FMAP
69.79
60.03
63.71
60.56
71.63
59.03
50.00
51.52
74.25
57.62
50.00
FY09
original
FMAP
Hold
3-month
harmless
average
Hold
FY10
unemployharmless FMAP with
ment
FY10
6.2% point
ending
increase
Dec 2009
FY10
original
FMAP
70.07
62.55
64.28
59.44
70.71
59.45
50.00
50.94
73.73
59.38
50.00
70.32
62.72
65.57
58.73
71.68
58.73
50.00
50.12
74.04
60.21
50.00
70.32
62.72
65.57
60.56
71.68
59.45
50.00
51.52
74.25
60.21
50.00
76.52
68.92
71.77
66.76
77.88
65.65
56.20
57.72
80.45
66.41
56.20
Minimum Unemploy- Unemployunemployment
ment
ment
difference
tier
12.3
4.7
10.7
8.2
6.6
6.7
6.8
9.2
8.9
8.6
7.5
BILLING CODE 4150–05–P
On
November 25, 2008, HHS published a
Final Notice of Revisions to the
Mandatory Guidelines for Federal
Workplace Drug Testing Programs in the
Federal Register (73 FR 71858). A
correction providing the effective date
of May 1, 2010, was published in the
Federal Register on December 10, 2008
(73 FR 75122). The Mandatory
Guidelines establish the scientific and
technical guidelines for Federal
workplace drug testing programs and
establish standards for certification of
laboratories engaged in drug testing for
Federal agencies under authority of
section 503 of Public Law 100–71, 5
U.S.C. Section 7301 note and Executive
Order (E.O.) 12564. The revisions to the
Mandatory Guidelines address the
collection and testing of urine
specimens, the requirements for
certification of Instrumented Initial Test
Facilities (IITF), and the role of and
standards for collectors and Medical
Review Officers (MRO).
The Department of Transportation
(DOT) publishes the Procedures for
Transportation Workplace Drug and
Alcohol Testing Programs at 49 Code of
Federal Regulations (CFR) Part 40. This
DOT regulation requires the drug and
alcohol testing of safety-sensitive
employees in certain DOT-regulated
industries. Consistent with the Omnibus
Transportation Employee Testing Act of
1991, the DOT utilizes the HHS
laboratory procedures set forth in the
Mandatory Guidelines in its regulations.
On February 4, 2010, DOT published
a notice of proposed rulemaking
(NPRM) in the Federal Register (75 FR
5722) announcing revised procedures
for transportation workplace drug and
alcohol testing programs. DOT’s final
rule based on this NPRM will not be
completed by May 1, 2010. It is
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Mandatory Guidelines for Federal
Workplace Drug Testing Programs
AGENCY: Substance Abuse and Mental
Health Services Administration
(SAMHSA), Department of Health and
Human Services.
ACTION: Final rule: Change in effective
date.
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
SUMMARY: The Department of Health and
Human Services (HHS) is changing the
effective date of the Revisions to the
Mandatory Guidelines for Federal
Workplace Drug Testing Programs
(Mandatory Guidelines) from May 1,
2010, to October 1, 2010. The purpose
of this notice is to notify participants in
Federal and federally-regulated
workplace drug testing programs as
soon as possible that they will not be
expected to implement the revisions to
the Mandatory Guidelines on May 1,
2010, so that they do not unnecessarily
expend resources to comply on May 1,
or risk compliance problems by
prematurely implementing new
provisions.
DATES: The revisions to the Mandatory
Guidelines will now become effective
October 1, 2010. This change in the
effective date becomes effective April
30, 2010.
FOR FURTHER INFORMATION CONTACT:
Robert L. Stephenson, II, M.P.H.,
Director, Division of Workplace
Programs (DWP), Center for Substance
Abuse Prevention (CSAP), Substance
Abuse and Mental Health Services
Administration (SAMHSA), 1 Choke
Cherry Road, Room 2–1035, Rockville,
MD 20857; Telephone: 240–276–2600;
13:41 Apr 29, 2010
Jkt 220001
6.8
2.0
6.2
3.8
4.1
3.2
4.0
4.8
4.7
4.2
4.7
E-mail:
Bob.Stephenson@samhsa.hhs.gov.
[FR Doc. 2010–10055 Filed 4–29–10; 8:45 am]
VerDate Mar<15>2010
5.5
2.7
4.5
4.4
2.5
3.5
2.8
4.4
4.2
4.4
2.8
PO 00000
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Unemployment
adjustment
Q2 FY10
11.5
5.5
11.5
11.5
11.5
8.5
11.5
11.5
11.5
11.5
11.5
3.06
1.88
3.60
4.18
2.90
3.18
5.39
5.22
2.60
4.22
5.39
2nd
2nd
quarter
quarter
FY10 FMAP FY10 FMAP
unemployunemployment adjust- ment hold
ment
harmless
79.58
70.80
75.37
70.94
80.78
68.83
61.59
62.94
83.05
70.63
61.59
79.58
70.80
75.37
70.94
80.78
69.96
61.59
62.94
83.05
70.63
61.59
anticipated that DOT’s rule will be
issued in time to go into effect by
October 1, 2010.
Without this change of effective date
for the Mandatory Guidelines,
laboratories certified under the
Mandatory Guidelines would be
required to maintain a dual system for
testing using the revised Mandatory
Guidelines, and testing for DOTregulated entities covered by the current
Mandatory Guidelines, until DOT rules
are issued. Further, the National
Laboratory Certification Program would
be required to certify laboratories
utilizing different sets of requirements.
The new effective date of October 1,
2010 will allow time for related training
in Federal and federally-regulated
workplace drug testing programs and
will be consistent with the beginning of
the new Fiscal Year for Federal
agencies.
The Department’s implementation of
this rule without opportunity for public
comment, effective immediately upon
publication today in the Federal
Register, is based on the good cause
exemptions in 5 U.S.C. section
553(b)(3)(B) and 553(d)(3), to the extent
that 5 U.S.C. title 5 applies. This delay
in the effective date is temporary, and
necessary to avoid requiring DOTregulated industries to comply with a
different set of rules than federal
workplace drug testing programs, which
would create a confusing and unfair
situation in which similarly situated
employees would be treated
inconsistently.
The new implementation date will
also avoid the unnecessary expenditure
of scarce resources on compliance with
different standards; allow time for
related training in Federal and federallyregulated workplace drug testing
programs, including HHS coordination
with testing laboratories on
implementing new procedures to be
used in the federal workplace testing
E:\FR\FM\30APN1.SGM
30APN1
]]>Agencies
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22807-22809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10055]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Implementation of Section 5001 of the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111-5) for Adjustments to the Second
Quarter of Fiscal Year 2010 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.
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SUMMARY: This notice provides the adjusted Federal Medical Assistance
Percentage (FMAP) rates for the second quarter of Fiscal Year 2010
(FY10) as required under Section 5001 of the American Recovery and
Reinvestment Act of 2009 (ARRA). 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
in ARRA as the period beginning October 1, 2008 and ending December 31,
2010.
DATES: Effective Date: These percentages are effective for the quarter
beginning January 1, 2010 through March 31, 2010.
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 (``the Act''). Sections 1905(b) and
1101(a)(8)(B) of the Act require the Secretary of Health and Human
Services to publish the FMAP rates each year. The Secretary calculates
the percentages using formulas in sections 1905(b) and 1101(a)(8)(B),
and statistics from the Department of Commerce 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
the 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
(MIPPA) (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 purpose
of the increases to the FMAP rates is 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.
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 other parts of
title IV, including part D (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
[[Page 22808]]
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.
Under section 5001(b)(2) of ARRA, Puerto Rico, the Virgin Islands,
Guam, the Commonwealth of the Northern Mariana Islands, and America
Samoa were given the option to make a special 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 Act),
or (2) applying the general 6.2 percentage point increase in the FMAP
plus a 15 percent increase in the cap on Medicaid payments. There is no
quarterly unemployment adjustment for territories. All territories and
the Commonwealth of the Northern Mariana Islands elected the 30 percent
increase in their spending cap on Medicaid payments; therefore there is
no recalculation of their FMAP rate.
D. Adjusted FMAPs for the Second Quarter of 2010
ARRA adjustments to FMAPs are shown by State in the accompanying
table. The hold harmless FY10 FMAP is the higher of the original FY08,
FY09, or FY10 FMAP. The 6.2 percentage point increase is added to the
hold harmless FY10 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 FY10 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; 93.778: Medical Assistance Program)
Dated: April 13, 2010.
Kathleen Sebelius,
Secretary.
ARRA Adjustments to FMAP Q2 FY10
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Hold
harmless 3-month 2nd quarter 2nd quarter
FY08 FY09 FY10 Hold FY10 FMAP average Minimum Unemployment Unemployment Unemployment FY10 FMAP FY10 FMAP
State original original original harmless with 6.2% unemployment unemployment difference tier adjustment unemployment unemployment
FMAP FMAP FMAP FY10 point ending Dec Q2 FY10 adjustment hold
increase 2009 harmless
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Alabama............................... 67.62 67.98 68.01 68.01 74.21 10.9 3.3 7.6 11.5 3.32 77.53 77.53
Alaska................................ 52.48 50.53 51.43 52.48 58.68 8.5 6.0 2.5 8.5 3.78 62.46 62.46
Arizona............................... 66.20 65.77 65.75 66.20 72.40 9.2 3.6 5.6 11.5 3.53 75.93 75.93
Arkansas.............................. 72.94 72.81 72.78 72.94 79.14 7.6 4.8 2.8 8.5 2.04 81.18 81.18
California............................ 50.00 50.00 50.00 50.00 56.20 12.3 4.8 7.5 11.5 5.39 61.59 61.59
Colorado.............................. 50.00 50.00 50.00 50.00 56.20 7.4 3.6 3.8 11.5 5.39 61.59 61.59
Connecticut........................... 50.00 50.00 50.00 50.00 56.20 8.7 4.3 4.4 11.5 5.39 61.59 61.59
Delaware.............................. 50.00 50.00 50.21 50.21 56.41 8.6 3.3 5.3 11.5 5.37 61.78 61.78
Dist of Columbia...................... 70.00 70.00 70.00 70.00 76.20 11.6 5.4 6.2 11.5 3.09 79.29 79.29
Florida............................... 56.83 55.40 54.98 56.83 63.03 11.6 3.3 8.3 11.5 4.61 67.64 67.64
Georgia............................... 63.10 64.49 65.10 65.10 71.30 10.2 4.3 5.9 11.5 3.66 74.96 74.96
Hawaii................................ 56.50 55.11 54.24 56.50 62.70 6.9 2.2 4.7 11.5 4.65 67.35 67.35
Idaho................................. 69.87 69.77 69.40 69.87 76.07 9.0 2.8 6.2 11.5 3.11 79.18 79.18
Illinois.............................. 50.00 50.32 50.17 50.32 56.52 10.9 4.4 6.5 11.5 5.36 61.88 61.88
Indiana............................... 62.69 64.26 65.93 65.93 72.13 9.8 4.4 5.4 11.5 3.56 75.69 75.69
Iowa.................................. 61.73 62.62 63.51 63.51 69.71 6.5 3.7 2.8 8.5 2.84 72.55 72.55
Kansas................................ 59.43 60.08 60.38 60.38 66.58 6.7 4.0 2.7 8.5 3.10 69.68 69.68
Kentucky.............................. 69.78 70.13 70.96 70.96 77.16 10.7 5.4 5.3 11.5 2.98 80.14 80.14
Louisiana............................. 72.47 71.31 67.61 72.47 78.67 7.3 3.5 3.8 11.5 2.81 81.48 81.48
Maine................................. 63.31 64.41 64.99 64.99 71.19 8.1 4.4 3.7 11.5 3.67 74.86 74.86
Maryland.............................. 50.00 50.00 50.00 50.00 56.20 7.3 3.4 3.9 11.5 5.39 61.59 61.59
Massachusetts......................... 50.00 50.00 50.00 50.00 56.20 9.2 4.4 4.8 11.5 5.39 61.59 61.59
Michigan.............................. 58.10 60.27 63.19 63.19 69.39 14.4 6.7 7.7 11.5 3.88 73.27 73.27
Minnesota............................. 50.00 50.00 50.00 50.00 56.20 7.6 3.9 3.7 11.5 5.39 61.59 61.59
Mississippi........................... 76.29 75.84 75.67 76.29 82.49 10.4 6.0 4.4 11.5 2.37 84.86 84.86
Missouri.............................. 62.42 63.19 64.51 64.51 70.71 9.6 4.7 4.9 11.5 3.72 74.43 74.43
Montana............................... 68.53 68.04 67.42 68.53 74.73 6.6 3.2 3.4 8.5 2.41 77.14 77.99
Nebraska.............................. 58.02 59.54 60.56 60.56 66.76 4.6 2.8 1.8 5.5 2.00 68.76 68.76
Nevada................................ 52.64 50.00 50.16 52.64 58.84 12.9 4.2 8.7 11.5 5.09 63.93 63.93
New Hampshire......................... 50.00 50.00 50.00 50.00 56.20 6.9 3.4 3.5 11.5 5.39 61.59 61.59
New Jersey............................ 50.00 50.00 50.00 50.00 56.20 9.9 4.2 5.7 11.5 5.39 61.59 61.59
New Mexico............................ 71.04 70.88 71.35 71.35 77.55 8.1 3.5 4.6 11.5 2.94 80.49 80.49
New York.............................. 50.00 50.00 50.00 50.00 56.20 8.9 4.3 4.6 11.5 5.39 61.59 61.59
North Carolina........................ 64.05 64.60 65.13 65.13 71.33 10.9 4.5 6.4 11.5 3.65 74.98 74.98
North Dakota.......................... 63.75 63.15 63.01 63.75 69.95 4.3 3.0 1.3 0 0.00 69.95 69.95
Ohio.................................. 60.79 62.14 63.42 63.42 69.62 10.8 5.3 5.5 11.5 3.85 73.47 73.47
Oklahoma.............................. 67.10 65.90 64.43 67.10 73.30 6.9 3.3 3.6 11.5 3.43 76.73 76.73
Oregon................................ 60.86 62.45 62.74 62.74 68.94 10.7 5.0 5.7 11.5 3.93 72.87 72.87
Pennsylvania.......................... 54.08 54.52 54.81 54.81 61.01 8.7 4.3 4.4 11.5 4.84 65.85 65.85
Rhode Island.......................... 52.51 52.59 52.63 52.63 58.83 12.5 4.8 7.7 11.5 5.09 63.92 63.92
[[Page 22809]]
South Carolina........................ 69.79 70.07 70.32 70.32 76.52 12.3 5.5 6.8 11.5 3.06 79.58 79.58
South Dakota.......................... 60.03 62.55 62.72 62.72 68.92 4.7 2.7 2.0 5.5 1.88 70.80 70.80
Tennessee............................. 63.71 64.28 65.57 65.57 71.77 10.7 4.5 6.2 11.5 3.60 75.37 75.37
Texas................................. 60.56 59.44 58.73 60.56 66.76 8.2 4.4 3.8 11.5 4.18 70.94 70.94
Utah.................................. 71.63 70.71 71.68 71.68 77.88 6.6 2.5 4.1 11.5 2.90 80.78 80.78
Vermont............................... 59.03 59.45 58.73 59.45 65.65 6.7 3.5 3.2 8.5 3.18 68.83 69.96
Virginia.............................. 50.00 50.00 50.00 50.00 56.20 6.8 2.8 4.0 11.5 5.39 61.59 61.59
Washington............................ 51.52 50.94 50.12 51.52 57.72 9.2 4.4 4.8 11.5 5.22 62.94 62.94
West Virginia......................... 74.25 73.73 74.04 74.25 80.45 8.9 4.2 4.7 11.5 2.60 83.05 83.05
Wisconsin............................. 57.62 59.38 60.21 60.21 66.41 8.6 4.4 4.2 11.5 4.22 70.63 70.63
Wyoming............................... 50.00 50.00 50.00 50.00 56.20 7.5 2.8 4.7 11.5 5.39 61.59 61.59
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[FR Doc. 2010-10055 Filed 4-29-10; 8:45 am]
BILLING CODE 4150-05-P
