Mandatory Guidelines for Federal Workplace Drug Testing Programs, 22809-22810 [2010-10118]
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22809
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
Frm 00074
Fmt 4703
Sfmt 4703
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
22810
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
programs; and be consistent with the
beginning of the new fiscal year for
Federal agencies. Given the imminence
of the current effective date, seeking
prior public comment on this temporary
delay would be impractical. Further,
given the risk of inconsistency and
confusion from the imposition of
divergent requirements across federal
agencies, it has been determined that
seeking prior comment on this
temporary delay would be contrary to
the public interest. The imminence of
the effective date is also good cause for
making this rule effective immediately
upon publication.
DOT’s rule is expected to issue in
time to go into effect by October 1, 2010;
however, should it later appear that
DOT regulations may not issue in time
for an October 1, 2010 implementation,
SAMHSA will undertake notice and
comment rulemaking to delay the
effective date further.
No other changes to the Mandatory
Guidelines have been made. The new
effective date for the revisions to the
HHS Mandatory Guidelines is October
1, 2010.
Dated: April 26, 2010.
Pamela S. Hyde,
Administrator, Substance Abuse and Mental
Health Services Administration.
Kathleen Sebelius,
Secretary.
[FR Doc. 2010–10118 Filed 4–29–10; 8:45 am]
BILLING CODE 4160–20–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–2552–10]
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
AGENCY: Centers for Medicare &
Medicaid Services, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Centers for Medicare & Medicaid
Services (CMS), Department of Health
and Human Services, is publishing the
following summary of proposed
collections for public comment.
Interested persons are invited to send
comments regarding this burden
estimate or any other aspect of this
collection of information, including any
of the following subjects: (1) The
necessity and utility of the proposed
information collection for the proper
performance of the Agency’s function;
VerDate Mar<15>2010
13:41 Apr 29, 2010
Jkt 220001
(2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (4) the use of
automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
1. Type of Information Collection
Request: Revision of a currently
approved collection; Title of
Information Collection: Hospital and
Health Care Complexes Cost Report and
supporting Regulations in 42 CFR
413.20 and 413.24; Use: Part A
institutional providers must provide
adequate cost data to receive Medicare
reimbursement (42 CFR 413.24(a)).
Providers must submit the cost data to
their Medicare Fiscal Intermediary (FI)/
Medicare Administrative Contractor
(MAC) through the Medicare cost report
(MCR). The primary function of the cost
report is to determine the
reimbursement of providers for services
rendered to program beneficiaries. The
FI/MAC uses the cost report to make
settlement with the provider for the
fiscal period covered by the cost report.
Furthermore, the FI/MAC uses the cost
report to determine the necessity and
scope of an audit of the records of the
provider. CMS uses the data collected
on the MCR to project future Medicare
expenditures, determine adequate
deductibles and premiums, and develop
and update provider market baskets
mandated for use in updating Medicare
payment rates. CMS also uses the data
to offer public use data files. Revisions
made to update the forms currently in
use are incorporated within this request
for approval. Form Number: CMS–
2552–10 (OMB#: 0938–0050);
Frequency: Yearly; Affected Public:
Business or other for-profits and not-forprofit institutions; Number of
Respondents: 6,174; Total Annual
Responses: 6,174; Total Annual Hours:
4,155,102. (For policy questions
regarding this collection contact Nadia
Massuda at 410–786–5834. For all other
issues call 410–786–1326.)
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, access CMS Web Site
address at https://www.cms.hhs.gov/
PaperworkReductionActof1995, or Email your request, including your
address, phone number, OMB number,
and CMS document identifier, to
Paperwork@cms.hhs.gov, or call the
Reports Clearance Office on (410) 786–
1326.
To be assured consideration,
comments and recommendations for the
proposed information collections must
be received by the OMB desk officer at
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
the address below, no later than 5 p.m.
on June 1, 2010.
OMB, Office of Information and
Regulatory Affairs, Attention: CMS
Desk Officer.
Fax Number: (202) 395–6974.
E-mail:
OIRA_submission@omb.eop.gov.
Dated: April 23, 2010.
Michelle Shortt,
Director, Regulations Development Group,
Office of Strategic Operations and Regulatory
Affairs.
[FR Doc. 2010–10041 Filed 4–29–10; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–10165, CMS–
10095 and CMS–10003]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
AGENCY: Centers for Medicare &
Medicaid Services.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Centers for Medicare & Medicaid
Services (CMS) is publishing the
following summary of proposed
collections for public comment.
Interested persons are invited to send
comments regarding this burden
estimate or any other aspect of this
collection of information, including any
of the following subjects: (1) The
necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions;
(2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (4) the use of
automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
1. Type of Information Collection
Request: Revision of a currently
approved collection; Title of
Information Collection: Electronic
Health Records Demonstration System
(EHRDS)—practice application and
profile update system; Use: In 2008, the
Secretary of the Department of Health
and Human Services directed the
Centers for Medicare & Medicaid
Services to develop a new
demonstration initiative using Medicare
waiver authority to reward the delivery
of high-quality care supported by the
E:\FR\FM\30APN1.SGM
30APN1
]]>Agencies
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22809-22810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10118]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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; E-mail:
Bob.Stephenson@samhsa.hhs.gov.
SUPPLEMENTARY INFORMATION: 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 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 DOT-regulated 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 DOT-regulated 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 federally-regulated
workplace drug testing programs, including HHS coordination with
testing laboratories on implementing new procedures to be used in the
federal workplace testing
[[Page 22810]]
programs; and be consistent with the beginning of the new fiscal year
for Federal agencies. Given the imminence of the current effective
date, seeking prior public comment on this temporary delay would be
impractical. Further, given the risk of inconsistency and confusion
from the imposition of divergent requirements across federal agencies,
it has been determined that seeking prior comment on this temporary
delay would be contrary to the public interest. The imminence of the
effective date is also good cause for making this rule effective
immediately upon publication.
DOT's rule is expected to issue in time to go into effect by
October 1, 2010; however, should it later appear that DOT regulations
may not issue in time for an October 1, 2010 implementation, SAMHSA
will undertake notice and comment rulemaking to delay the effective
date further.
No other changes to the Mandatory Guidelines have been made. The
new effective date for the revisions to the HHS Mandatory Guidelines is
October 1, 2010.
Dated: April 26, 2010.
Pamela S. Hyde,
Administrator, Substance Abuse and Mental Health Services
Administration.
Kathleen Sebelius,
Secretary.
[FR Doc. 2010-10118 Filed 4-29-10; 8:45 am]
BILLING CODE 4160-20-P
