Adjustments for Disaster-Recovery States to the Fourth Quarter of Fiscal Year 2011 and Fiscal Year 2012 Federal Medical Assistance Percentage (FMAP) Rates for Federal Matching Shares for Medicaid and Title IV-E Foster Care, Adoption Assistance and Guardianship Assistance Programs, 80501-80503 [2010-32054]
Download as PDF
<![CDATA[
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices
Date Revoked: November 6, 2010.
Reason: Failed to maintain a valid
bond.
License Number: 018456N.
Name: Trico Forwarding-USA, Inc.
Address: 172 East Manville Street,
Compton, CA 90220.
Date Revoked: November 1, 2010.
Reason: Surrendered license
voluntarily.
License Number: 018487N.
Name: Quality One International
Shipping, Inc.
Address: 3913 Dyre Avenue, Bronx,
NY 10466.
Date Revoked: November 7, 2010.
Reason: Failed to maintain a valid
bond.
License Number: 019871NF.
Name: WLG (USA) LLC dba Kay
O’Neill (USA) LLC dba WLG Line.
Address: 920 East Algonquin Road,
Suite 120, Schaumburg, IL 60173.
Date Revoked: August 31, 2010.
Reason: Surrendered license
voluntarily.
License Number: 020264F.
Name: Empire Shipping Co. Inc.
Address: 100 East Peddie Street,
Newark, NJ 07114.
Date Revoked: November 6, 2010.
Reason: Failed to maintain a valid
bond.
License Number: 020667F.
Name: Atlas Logistics (U.S.A.), Inc.
Address: 2401 E. Atlantic Blvd., Suite
310, Pompano Beach, FL 33062.
Date Revoked: November 18, 2010.
Reason: Failed to maintain a valid
bond.
License Number: 020883NF.
Name: Zai Cargo, Inc. dba Zai Ocean
Services dba Zai Container Line dba Zai
Cargo, Inc.
Address: 6324 NW 97th Avenue,
Doral, FL 33178.
Date Revoked: November 19, 2010.
Reason: Failed to maintain valid
bonds.
License Number: 021351F.
Name: Cil Forwarding, LLC.
Address: 1420 Vantage Way, Suite
112, Jacksonville, FL 32218.
Date Revoked: November 18, 2010.
Reason: Failed to maintain a valid
bond.
License Number: 021407NF.
Name: Smartex Corp. dba Smartex.
Address: 5055 NW 74th Avenue,
Suite 5, Miami, FL 33166.
Date Revoked: November 18, 2010.
Reason: Failed to maintain valid
bonds.
License Number: 021885F.
Name: SeaForward Logistics, LLC.
Address: 2769 S. Oakland Circle
West, Aurora, CO 80014.
Date Revoked: November 30, 2010.
Reason: Surrendered license
voluntarily.
VerDate Mar<15>2010
20:24 Dec 21, 2010
Jkt 223001
License Number: 022244F.
Name: Golden Freight, Inc. dba
Saigon Express.
Address: 510 Parrott Street, Suite 2,
San Jose, CA 95112.
Date Revoked: November 15, 2010.
Reason: Failed to maintain a valid
bond.
Sandra L. Kusumoto,
Director, Bureau of Certification and
Licensing.
[FR Doc. 2010–32171 Filed 12–21–10; 8:45 am]
BILLING CODE 6730–01–P
80501
In connection with this application,
Applicant also has applied to acquire
Nikko Am Americas Holding Co., Inc.,
Nikko Asset Management Americas,
Inc., and Cho Mitsui Investment, all in
New York, New York, and thereby
engage in investment advisory activities,
pursuant to section 225.24(b)(6) of
Regulation Y.
Board of Governors of the Federal Reserve
System, December 17, 2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010–32092 Filed 12–21–10; 8:45 am]
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than January 18,
2011.
A. Federal Reserve Bank of New York
(Ivan Hurwitz, Vice President) 33
Liberty Street, New York, New York
10045–0001:
1. Chuo Mitsui Trust Holding, Inc.,
Tokyo, Japan; to become a bank holding
Company by acquiring The Sumitomo
Trust and Banking Co., Ltd, Osaka,
Japan, and thereby acquire Sumitomo
Trust and Banking Co. (USA), Hoboken,
New Jersey.
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
BILLING CODE 6210–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Adjustments for Disaster-Recovery
States to the Fourth Quarter of Fiscal
Year 2011 and Fiscal Year 2012 Federal
Medical Assistance Percentage (FMAP)
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:
This notice describes the
methodology for calculating the higher
federal matching funding that is made
available under section 1905(aa) of the
Social Security Act, as amended by
section 2006 of the Patient Protection
and Affordable Care Act of 2010
(‘‘Affordable Care Act’’) and provides the
adjusted Federal Medical Assistance
Percentage (FMAP) rates for the fourth
quarter of Fiscal Year 2011 and Fiscal
Year 2012 for disaster-recovery FMAP
adjustment states. Section 1905(aa) of
the Social Security Act provides for an
increase in the FMAP rate for qualifying
states that have experienced a major,
statewide disaster.
DATES: Effective Date: The percentages
listed are for the fourth quarter of Fiscal
Year 2011 beginning July 1, 2011 and
ending September 30, 2011, and for
Fiscal Year 2012.
SUMMARY:
A. Background
The Federal Medical Assistance
Percentage (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
to publish the FMAP rates each year.
The Secretary calculates the
percentages, using formulas set forth in
E:\FR\FM\22DEN1.SGM
22DEN1
80502
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices
sections 1905(b) and 1101(a)(8)(B), 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 in statute,
and thus are not based on the statutory
formula that determines the percentages
for the 50 States.
Section 1905(b) of the Social Security
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.
srobinson on DSKHWCL6B1PROD with NOTICES
Section 2006 of the Patient Protection
and Affordable Care Act of 2010
(‘‘Affordable Care Act’’) amended section
1905 of the Social Security Act by
adding section (aa) to provide for an
increase in the FMAP rate for qualifying
states for Medicaid and title IV–E Foster
Care, Adoption Assistance and
Guardianship Assistance programs. The
purpose of the increase to the FMAP
rate is to provide increased Federal
financial participation for qualifying
states that have experienced a major,
statewide disaster.
B. Definition of a Disaster-Recovery
FMAP Adjustment State
Section 1905(aa) of the Social
Security Act, as added by section 2006
of the Affordable Care Act specifies that
the annual FMAP rate shall be increased
for a ‘‘disaster-recovery FMAP
adjustment state.’’ The statute defines a
‘‘disaster-recovery FMAP adjustment
state’’ as one of the 50 states or District
of Columbia for which, at any time
during the preceding 7 fiscal years, the
President has declared a major disaster
under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act under which every
county or parish in the state is eligible
for individual and public or public
assistance from the federal government,
and for which the FMAP as determined
VerDate Mar<15>2010
20:24 Dec 21, 2010
Jkt 223001
for the fiscal year is less than the FMAP
for the preceding fiscal year by at least
three percentage points. For Fiscal Year
2011 (FY11), the first fiscal year in
which a state can qualify for the disaster
adjustment, the FMAP for FY11 must be
less than the FMAP for the preceding
fiscal year after the application of the
‘‘hold harmless’’ provision under
subsection (a) of Section 5001 of the
American Recovery and Reinvestment
Act of 2009 (ARRA) (Pub. L. 111–5), by
at least three percentage points. For
Fiscal Year 2012 (FY12) and beyond, the
FMAP rate for the state for the fiscal
year, as determined based on the annual
FMAP calculation (without regard to
section 1905(aa)), must be less than the
preceding year FMAP rate, including
the applicable disaster-recovery
adjustment, by at least three percentage
points.
C. Calculation of the Increased FMAP
Rates for Disaster-Recovery FMAP
Adjustment States
For the first year in which a state
qualifies for the disaster-recovery FMAP
adjustment, the FMAP shall be equal to
the FMAP as determined for the fiscal
year, plus 50% of the number of
percentage points by which the FMAP
is less than the preceding fiscal year
FMAP. For FY11, the preceding fiscal
year FMAP includes the application of
the ‘‘hold harmless’’ provision under
subsection (a) of Section 5001 of the
ARRA. In year two or any succeeding
fiscal year in the qualifying 7-year
period, the FMAP shall be equal to the
FMAP as determined for the preceding
fiscal year, including any disasterrecovery adjustment for that year, plus
25% of the number of percentage points
by which the FMAP as determined for
the fiscal year (without any disasterrecovery adjustment) is less than the
FMAP for the previous year (including
any applicable disaster-recovery
adjustments).
Expenditures for which the increased
FMAP is not available under title XIX
include expenditures for
disproportionate share hospital
payments and expenditures that are
paid at an enhanced FMAP rate, as well
as any payments made under Title XXI.
The increased FMAP is available for
expenditures under part E of title IV
only.
Disaster-recovery FMAP adjustments
will be included in the annual
publication of the FMAP rates for the
succeeding fiscal year. Beginning in the
fall of 2011, the annual Federal Register
Notice will include the FMAP rates for
the succeeding fiscal year, as well as
disaster-recovery adjustments to the
FMAP rates.
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
D. Disaster-Recovery FMAP
Adjustments for the Fourth Quarter of
Fiscal Year 2011 and Fiscal Year 2012
The application of the disasterrecovery FMAP adjustment is effective
January 1, 2011. Due to the extension of
the ARRA FMAP adjustments, which
extended the recession adjustment
period to June 30, 2011 (the end of the
third quarter of FY11), no state will
qualify for the disaster-recovery
adjustment until the fourth quarter of
FY11. As such, any adjustments that are
made to the FY11 FMAP rates are
effective for the fourth fiscal quarter
only. Disaster-recovery FMAP
adjustments made in future fiscal years
will be applicable for all four quarters
of the year.
Based on the criteria for a qualifying
state, only three states meet the
requirement that the FMAP as
determined for FY11 is less than the
previous year FMAP, after the
application of subsection (a) of Section
5001 of the ARRA, by at least three
percentage points. Of the three states,
only one state, Louisiana, has had a
presidential disaster declaration that
applies to all counties and parishes
within the state in the preceding 7 fiscal
years. Therefore, this notice only
provides a disaster-recovery FMAP
adjustment for the state of Louisiana for
fourth quarter of FY11. The disasterrecovery adjusted FMAP rate is shown
in the accompanying table.
Based on the criteria for a qualifying
state, only two states meet the
requirement that the FMAP as
determined for FY12 is less than the
previous year FMAP by at least three
percentage points. Of the two states,
only one state, Louisiana, has had a
presidential disaster declaration that
applies to all counties and parishes
within the state in the preceding 7 fiscal
years. Therefore, this notice only
provides a disaster-recovery FMAP
adjustment for the state of Louisiana for
FY12. The disaster-recovery adjusted
FMAP rate is shown in the
accompanying table. This is the second
fiscal year for which Louisiana has
qualified for the disaster-recovery
adjustment; the adjusted FMAP rate for
FY12 reflects the calculation as
prescribed in statute for succeeding
qualifying years.
FOR FURTHER INFORMATION CONTACT:
Carrie Shelton, 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. 93.658: Foster Care; 93.659:
E:\FR\FM\22DEN1.SGM
22DEN1
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices
Adoption Assistance; 93.090: Guardianship
Assistance; 93.778: Medical Assistance
Program)
80503
Dated: November 12, 2010.
Kathleen Sebelius,
Secretary.
FISCAL YEAR 2011 (Q4) DISASTER-RECOVERY ADJUSTED FMAP RATES
State
FY11 FMAP
ARRA Hold harmless FY 08–10
FMAP
Decrease in
FMAP
Disaster-recovery
adjusted FMAP
FY11 (Q4)
Louisiana ..................................................................................
63.61
72.47
8.86
68.04
FISCAL YEAR 2012 DISASTER-RECOVERY ADJUSTED FMAP RATES
State
FY12 FMAP
FY11 FMAP/Disaster recovery adjusted FMAP
Decrease in
FMAP
Disaster-recovery
adjusted FMAP
FY12
Louisiana ..................................................................................
61.09
68.04
6.95
69.78
[FR Doc. 2010–32054 Filed 12–21–10; 8:45 am]
BILLING CODE 4150–05–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier CMS–10321]
Emergency Clearance; Public
Information Collection Requirements
Submitted to the Office of Management
and Budget (OMB)
Office of Consumer Information
and Insurance Oversight, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of Consumer Information and
Insurance Oversight (OCIIO), the U.S.
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 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. We are, however, requesting an
emergency review of the information
requested below. In compliance with
the requirement of Section 3506(c)(2)(a)
of the Paperwork Reduction Act of 1995,
we have submitted to the Office of
Management and Budget (OMB) the
following requirements for emergency
review. In accordance with 5 CFR
1320.13, we are requesting an
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
20:24 Dec 21, 2010
Jkt 223001
emergency review to ensure compliance
with an initiative of the Administration.
1. Type of Information Collection
Request: Revision of a currently
approved collection; Title of
Information Collection: Early Retiree
Reinsurance Program; Use: Under the
Section 1102 of the Affordable Care Act
and implementing regulations at 45 CFR
Part 149, employment-based plans that
offer health benefits to early retirees and
their spouses, surviving spouses and
dependents are eligible under a
temporary program to receive a tax-free
reimbursement for the costs of certain
health benefits for such individuals. In
order to qualify, plan sponsors must
submit a complete application to the
HHS. In order to receive reimbursement
under the program, they must also
submit documentation of actual costs
for health care benefits, which consists
of documentation of actual costs for the
items and services involved, and a list
of individuals to whom the
documentation applies. Once HHS
reviews and analyzes the information on
the application, notification will be sent
to the plan sponsor about its eligibility
to participate in the program. Once HHS
reviews and analyzes each
reimbursement request, reimbursement
under the program will be made to the
sponsor, as appropriate. Form Number:
CMS–10321 (OMB–0938–1087);
Frequency: Occasionally; Affected
Public: Private Sector: Business or other
for-profits and Not-for-profit
institutions; State, Local, or Tribal
Governments; Number of Respondents:
13,200; Number of Responses: 71,330;
Total Annual Hours: 1,927,575. (For
policy questions regarding this
collection, contact Dave Mlawsky at
(410) 786–6851. For all other issues call
(410) 786–1326.)
OCIIO is requesting OMB approval by
January 3, 2011, with a 180-day
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
approval period. Written comments and
recommendations will be considered
from the public if received by the
individuals designated below by
January 3, 2011.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
references 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.
Interested parties are invited to send
comments regarding the burden or any
other aspect of these collections of
information requirements. To be assured
consideration, comments and
recommendations must be submitted in
one of the following ways by January 3,
2011:
1. Electronically. You may submit
your comments electronically to https://
Regulations.gov. Follow the instructions
for ‘‘Comment or Submission’’ or ‘‘More
Search Options’’ to find the information
collection document(s) accepting
comments.
2. By regular mail. Office of Consumer
Information and Insurance Oversight,
Department of Health and Human
Services, Attention: Paperwork
Reduction Act, Room 445–G, Hubert H.
Humphrey Building, 200 Independence
Avenue, SW., Washington, DC 20201.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period. (Because
access to the interior of the Hubert H.
Humphrey Building is not readily
available to persons without Federal
government identification, commenters
are encouraged to leave their comments
in the OCIIO drop slots located in the
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80501-80503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32054]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Adjustments for Disaster-Recovery States to the Fourth Quarter of
Fiscal Year 2011 and Fiscal Year 2012 Federal Medical Assistance
Percentage (FMAP) 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 describes the methodology for calculating the
higher federal matching funding that is made available under section
1905(aa) of the Social Security Act, as amended by section 2006 of the
Patient Protection and Affordable Care Act of 2010 (``Affordable Care
Act'') and provides the adjusted Federal Medical Assistance Percentage
(FMAP) rates for the fourth quarter of Fiscal Year 2011 and Fiscal Year
2012 for disaster-recovery FMAP adjustment states. Section 1905(aa) of
the Social Security Act provides for an increase in the FMAP rate for
qualifying states that have experienced a major, statewide disaster.
DATES: Effective Date: The percentages listed are for the fourth
quarter of Fiscal Year 2011 beginning July 1, 2011 and ending September
30, 2011, and for Fiscal Year 2012.
A. Background
The Federal Medical Assistance Percentage (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 to
publish the FMAP rates each year. The Secretary calculates the
percentages, using formulas set forth in
[[Page 80502]]
sections 1905(b) and 1101(a)(8)(B), 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 in
statute, and thus are not based on the statutory formula that
determines the percentages for the 50 States.
Section 1905(b) of the Social Security 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.
Section 2006 of the Patient Protection and Affordable Care Act of
2010 (``Affordable Care Act'') amended section 1905 of the Social
Security Act by adding section (aa) to provide for an increase in the
FMAP rate for qualifying states for Medicaid and title IV-E Foster
Care, Adoption Assistance and Guardianship Assistance programs. The
purpose of the increase to the FMAP rate is to provide increased
Federal financial participation for qualifying states that have
experienced a major, statewide disaster.
B. Definition of a Disaster-Recovery FMAP Adjustment State
Section 1905(aa) of the Social Security Act, as added by section
2006 of the Affordable Care Act specifies that the annual FMAP rate
shall be increased for a ``disaster-recovery FMAP adjustment state.''
The statute defines a ``disaster-recovery FMAP adjustment state'' as
one of the 50 states or District of Columbia for which, at any time
during the preceding 7 fiscal years, the President has declared a major
disaster under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act under which every county or parish in the
state is eligible for individual and public or public assistance from
the federal government, and for which the FMAP as determined for the
fiscal year is less than the FMAP for the preceding fiscal year by at
least three percentage points. For Fiscal Year 2011 (FY11), the first
fiscal year in which a state can qualify for the disaster adjustment,
the FMAP for FY11 must be less than the FMAP for the preceding fiscal
year after the application of the ``hold harmless'' provision under
subsection (a) of Section 5001 of the American Recovery and
Reinvestment Act of 2009 (ARRA) (Pub. L. 111-5), by at least three
percentage points. For Fiscal Year 2012 (FY12) and beyond, the FMAP
rate for the state for the fiscal year, as determined based on the
annual FMAP calculation (without regard to section 1905(aa)), must be
less than the preceding year FMAP rate, including the applicable
disaster-recovery adjustment, by at least three percentage points.
C. Calculation of the Increased FMAP Rates for Disaster-Recovery FMAP
Adjustment States
For the first year in which a state qualifies for the disaster-
recovery FMAP adjustment, the FMAP shall be equal to the FMAP as
determined for the fiscal year, plus 50% of the number of percentage
points by which the FMAP is less than the preceding fiscal year FMAP.
For FY11, the preceding fiscal year FMAP includes the application of
the ``hold harmless'' provision under subsection (a) of Section 5001 of
the ARRA. In year two or any succeeding fiscal year in the qualifying
7-year period, the FMAP shall be equal to the FMAP as determined for
the preceding fiscal year, including any disaster-recovery adjustment
for that year, plus 25% of the number of percentage points by which the
FMAP as determined for the fiscal year (without any disaster-recovery
adjustment) is less than the FMAP for the previous year (including any
applicable disaster-recovery adjustments).
Expenditures for which the increased FMAP is not available under
title XIX include expenditures for disproportionate share hospital
payments and expenditures that are paid at an enhanced FMAP rate, as
well as any payments made under Title XXI. The increased FMAP is
available for expenditures under part E of title IV only.
Disaster-recovery FMAP adjustments will be included in the annual
publication of the FMAP rates for the succeeding fiscal year. Beginning
in the fall of 2011, the annual Federal Register Notice will include
the FMAP rates for the succeeding fiscal year, as well as disaster-
recovery adjustments to the FMAP rates.
D. Disaster-Recovery FMAP Adjustments for the Fourth Quarter of Fiscal
Year 2011 and Fiscal Year 2012
The application of the disaster-recovery FMAP adjustment is
effective January 1, 2011. Due to the extension of the ARRA FMAP
adjustments, which extended the recession adjustment period to June 30,
2011 (the end of the third quarter of FY11), no state will qualify for
the disaster-recovery adjustment until the fourth quarter of FY11. As
such, any adjustments that are made to the FY11 FMAP rates are
effective for the fourth fiscal quarter only. Disaster-recovery FMAP
adjustments made in future fiscal years will be applicable for all four
quarters of the year.
Based on the criteria for a qualifying state, only three states
meet the requirement that the FMAP as determined for FY11 is less than
the previous year FMAP, after the application of subsection (a) of
Section 5001 of the ARRA, by at least three percentage points. Of the
three states, only one state, Louisiana, has had a presidential
disaster declaration that applies to all counties and parishes within
the state in the preceding 7 fiscal years. Therefore, this notice only
provides a disaster-recovery FMAP adjustment for the state of Louisiana
for fourth quarter of FY11. The disaster-recovery adjusted FMAP rate is
shown in the accompanying table.
Based on the criteria for a qualifying state, only two states meet
the requirement that the FMAP as determined for FY12 is less than the
previous year FMAP by at least three percentage points. Of the two
states, only one state, Louisiana, has had a presidential disaster
declaration that applies to all counties and parishes within the state
in the preceding 7 fiscal years. Therefore, this notice only provides a
disaster-recovery FMAP adjustment for the state of Louisiana for FY12.
The disaster-recovery adjusted FMAP rate is shown in the accompanying
table. This is the second fiscal year for which Louisiana has qualified
for the disaster-recovery adjustment; the adjusted FMAP rate for FY12
reflects the calculation as prescribed in statute for succeeding
qualifying years.
FOR FURTHER INFORMATION CONTACT: Carrie Shelton, 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. 93.658: Foster
Care; 93.659:
[[Page 80503]]
Adoption Assistance; 93.090: Guardianship Assistance; 93.778:
Medical Assistance Program)
Dated: November 12, 2010.
Kathleen Sebelius,
Secretary.
Fiscal Year 2011 (Q4) Disaster-Recovery Adjusted FMAP Rates
----------------------------------------------------------------------------------------------------------------
Disaster-recovery
State FY11 FMAP ARRA Hold harmless Decrease in FMAP adjusted FMAP FY11
FY 08-10 FMAP (Q4)
----------------------------------------------------------------------------------------------------------------
Louisiana....................... 63.61 72.47 8.86 68.04
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2012 Disaster-Recovery Adjusted FMAP Rates
----------------------------------------------------------------------------------------------------------------
FY11 FMAP/Disaster
State FY12 FMAP recovery adjusted Decrease in FMAP Disaster-recovery
FMAP adjusted FMAP FY12
----------------------------------------------------------------------------------------------------------------
Louisiana....................... 61.09 68.04 6.95 69.78
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-32054 Filed 12-21-10; 8:45 am]
BILLING CODE 4150-05-P
