Notice of Hearing; Reconsideration of Disapproval of Colorado State Plan Amendments (SPA) 10-034, 34711-34712 [2011-14674]
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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
NOTIFICATION PROCEDURE:
An individual may learn if a record
exists about himself or herself by
contacting the system manager at the
above address. Requesters in person
must provide driver’s license or other
positive identification. Individuals who
do not appear in person must either: (1)
Submit a notarized request to verify
their identity; or (2) certify that they are
the individuals they claim to be and that
they understand that the knowing and
willful request for or acquisition of a
record pertaining to an individual under
false pretenses is a criminal offense
under the Privacy Act subject to a
$5,000 fine.
An individual who requests
notification of or access to medical
records shall, at the time the request is
made, designate in writing a responsible
representative who is willing to review
the record and inform the subject
individual of its contents at the
representative’s discretion. A subject
individual will be granted direct access
to a medical record if the system
manager determines direct access is not
likely to have adverse effect on the
subject individual.
The following information must be
provided when requesting notification:
(1) Full name; (2) the approximate date
and place of the study, if known; and (3)
nature of the questionnaire or study in
which the requester participated.
RECORD ACCESS PROCEDURES:
Same as notification procedures.
Requesters should also reasonably
specify the record contents being
sought. An accounting of disclosures
that have been made of the record, if
any, may be requested.
CONTESTING RECORD PROCEDURES:
Contact the official at the address
specified under System Manager above,
reasonably identify the record and
specify the information being contested,
the corrective action sought, and the
reasons for requesting the correction,
along with supporting information to
show how the record is inaccurate,
incomplete, untimely, or irrelevant.
srobinson on DSK4SPTVN1PROD with NOTICES
RECORD SOURCE CATEGORIES:
For research studies, vital status
information is obtained from Federal,
State and local governments and other
available sources selected from those
listed in Appendix I, but information is
obtained directly from the individual
and employer records, whenever
possible. EEOICPA records are obtained
from the individual subject and the
employer’s records. WTC Health
Program Records are obtained from
individual applicants and enrollees,
VerDate Mar<15>2010
16:27 Jun 13, 2011
Jkt 223001
from medical providers who have
treated eligible individuals, and from
data centers that are repositories of
demographic and clinical information
about WTC responders and survivors.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
None.
Appendix I—Potential Sources for
Determination of Health Status, Vital
Status and/or Last Known Address
Military records
Appropriate State Motor Vehicle Registration
Departments
Appropriate State Driver’s License
Departments
Appropriate State Government Division of:
Assistance Payments (Welfare), Social
Services, Medical Services, Food Stamp
Program, Child Support, Board of
Corrections, Aging, Indian Affairs,
Worker’s Compensation, Disability
Insurance
Retail Credit Association follow-up
Veterans Administration files
Appropriate employee union or association
records
Appropriate company pension or
employment records
Company group insurance records
Appropriate State Vital Statistics Offices
Life insurance companies
Railroad Retirement Board
Area nursing homes
Area Indian Trading Posts
Mailing List Correction Cards (U.S. Postal
Service)
Letters and telephone conversations with
former employees of the same
establishment as cohort member
Appropriate local newspaper (obituaries)
Social Security Administration
Internal Revenue Service
National Death Index
Centers for Medicare & Medicaid Services
Pension Benefit Guarantee Corporation
State Disease Registries
Commercial Telephone Directories
[FR Doc. 2011–14807 Filed 6–10–11; 4:15 pm]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid
Services
Notice of Hearing; Reconsideration of
Disapproval of Colorado State Plan
Amendments (SPA) 10–034
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of hearing.
AGENCY:
This notice announces an
administrative hearing to be held on
August 4, 2011, at the CMS Denver
Regional Office, Colorado State Bank
Building, 1600 Broadway, Suite 700,
SUMMARY:
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
34711
Denver, Colorado 80202–4367 to
reconsider CMS’ decision to disapprove
Colorado SPA 10–034.
DATES: Requests to participate in the
hearing as a party must be received by
the presiding officer by June 29, 2011.
FOR FURTHER INFORMATION CONTACT:
Benjamin Cohen, Presiding Officer,
CMS, 2520 Lord Baltimore Drive,
Suite L, Baltimore, Maryland 21244,
Telephone: (410) 786–3169.
SUPPLEMENTARY INFORMATION: This
notice announces an administrative
hearing to reconsider CMS’ decision to
disapprove Colorado SPA 10–034 which
was submitted on September 30, 2010,
and disapproved on March 10, 2011.
The SPA proposed to revise the
methods and standards for establishing
payment rates for non-brokered and
brokered non-emergency medical
transportation.
The disapproval was based on a
finding that the State had not complied
with the requirements of section
1902(a)(73)(A) of the Social Security Act
to solicit advice from designees of
Indian Health Programs and Urban
Indian Organizations prior to
submission of a SPA likely to have a
direct effect on Indians, Indian Health
Programs, or Urban Indian
Organizations.
The issues to be considered at the
hearing are:
• Applicability: Whether the statutory
requirement in section 1902(a)(73)(A) of
the Social Security Act (the Act) for
solicitation of advice prior to the
submission of a SPA that is likely to
have a direct effect on Indians, Indian
Health Programs, or Urban Indian
Organizations is applicable to this SPA
when there are significant numbers of
Indian beneficiaries who receive
transportation services, and Indian
Health Programs and Urban Indian
Organizations that are transportation
providers in the State.
• Solicitation of Advice: Whether
Colorado met the statutory requirement
at section 1902(a)(73)(A) to solicit
advice when it did not include in any
issuance to Indian health programs and
Urban Indian Organizations prior to the
submission of the SPA any specific
solicitation of advice or comment on the
SPA (or any description of a process for
the submission of comments or
initiation of a dialogue with the State).
• Timing: Whether Colorado met the
statutory requirement at section
1902(a)(73)(A) to solicit advice when it
issued general public notice on June 25,
2010, of the rate reductions that were to
go into effect July 1, 2010, but did not
issue notice to the Indian health
programs or Urban Indian Organizations
E:\FR\FM\14JNN1.SGM
14JNN1
srobinson on DSK4SPTVN1PROD with NOTICES
34712
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
until September 24, 2010, which was
only 6 days prior to the date Colorado
submitted the SPA to CMS. This issue
is whether 6 days is a reasonable time
period to allow for the submission and
consideration of comments.
• Sufficiency of Solicitation: Whether
Colorado met the statutory requirement
at section 1902(a)(73) to solicit advice
when the notice to the tribes did not
describe the potential impact that the
rate reduction for transportation would
have on the tribes, Indians, Indian
health providers, or urban Indian
organizations.
Section 1116 of the Act and Federal
regulations at 42 CFR part 430, establish
Department procedures that provide an
administrative hearing for
reconsideration of a disapproval of a
State plan or plan amendment. CMS is
required to publish a copy of the notice
to a State Medicaid agency that informs
the agency of the time and place of the
hearing, and the issues to be considered.
If we subsequently notify the agency of
additional issues that will be considered
at the hearing, we will also publish that
notice.
Any individual or group that wants to
participate in the hearing as a party
must petition the presiding officer
within 15 days after publication of this
notice, in accordance with the
requirements contained at 42 CFR
430.76(b)(2). Any interested person or
organization that wants to participate as
amicus curiae must petition the
presiding officer before the hearing
begins in accordance with the
requirements contained at 42 CFR
430.76(c). If the hearing is later
rescheduled, the presiding officer will
notify all participants.
The notice to Colorado announcing an
administrative hearing to reconsider the
disapproval of its SPAs reads as follows:
Ms. Laurel Karabotsos,
Acting Medical Director,
Department of Health Care Policy and
Financing,
Medical & CHP+ Administration Office,
1570 Grant Street,
Denver, CO 80203–1818.
Dear Ms. Karabotsos:
I am responding to your request for
reconsideration of Centers for Medicare
& Medicaid Services’ (CMS) decision to
disapprove the Colorado State Plan
Amendment (SPA) 10–034, which was
submitted to CMS on September 30,
2010, and disapproved on March 10,
2011. The SPA proposed to revise the
methods and standards for establishing
payment rates for non-brokered and
brokered non-emergency medical
transportation. The disapproval was
based on a finding that the State had not
VerDate Mar<15>2010
16:27 Jun 13, 2011
Jkt 223001
complied with the requirements of
section 1902(a)(73)(A) of the Social
Security Act to solicit advice from
designees of Indian Health Programs
and Urban Indian Organizations prior to
submission of a SPA likely to have a
direct effect on Indians, Indian Health
Programs, or Urban Indian
Organizations.
The issues to be considered at the
hearing are:
• Applicability: Whether the statutory
requirement in section 1902(a)(73)(A) of
the Social Security Act (the Act) for
solicitation of advice prior to the
submission of a SPA that is likely to
have a direct effect on Indians, Indian
Health Programs, or Urban Indian
Organizations is applicable to this SPA
when there are significant numbers of
Indian beneficiaries who receive
transportation services, and Indian
Health Programs and Urban Indian
Organizations that are transportation
providers in the State.
• Solicitation of advice: Whether
Colorado met the statutory requirement
at section 1902(a)(73)(A) to solicit
advice when it did not include in any
issuance to Indian health programs and
Urban Indian Organizations prior to the
submission of the SPA any specific
solicitation of advice or comment on the
SPA (or any description of a process for
the submission of comments or
initiation of a dialogue with the State).
• Timing: Whether Colorado met the
statutory requirement at section
1902(a)(73)(A) to solicit advice when it
issued general public notice on June 25,
2010, of the rate reductions that were to
go into effect July 1, 2010, but did not
issue notice to the Indian health
programs or Urban Indian Organizations
until September 24, 2010, which was
only 6 days prior to the date Colorado
submitted the SPA to CMS. This issue
is whether 6 days is a reasonable time
period to allow for the submission and
consideration of comments.
• Sufficiency of Solicitation: Whether
Colorado met the statutory requirement
at section 1902(a)(73) to solicit advice
when the notice to the tribes did not
describe the potential impact that the
rate reduction for transportation would
have on the tribes, Indians, Indian
health providers, or urban Indian
organizations.
I am scheduling a hearing on your
request for reconsideration to be held on
August 4, 2011, at the CMS Denver
Regional Office, Colorado State Bank
Building, 1600 Broadway, Suite 700,
Denver, Colorado 80202–4367, in order
to reconsider the decision to disapprove
SPA 10–034.
If this date is not acceptable, CMS
rules provide that the hearing date may
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
be changed by written agreement
between CMS and the State. The hearing
will be governed by the procedures
prescribed by Federal regulations at 42
CFR part 430.
I am designating Mr. Benjamin Cohen
as the presiding officer. If these
arrangements present any problems,
please contact the presiding officer at
(410) 786–3169. In order to facilitate any
communication which may be necessary
between the parties to the hearing,
please notify the presiding officer to
indicate acceptability of the hearing
date that has been scheduled, and to
provide names of the individuals who
will represent the State at the hearing.
Sincerely,
Donald M. Berwick, M.D.
Section 1116 of the Social Security
Act (42 U.S.C. section 1316; 42 CFR
section 430.18)
(Catalog of Federal Domestic Assistance
program No. 13.714, Medicaid Assistance
Program.)
Dated: June 8, 2011,
Donald M. Berwick,
Administrator, Centers for Medicare &
Medicaid Services.
[FR Doc. 2011–14674 Filed 6–13–11; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–5501–N2]
Medicare Program; Pioneer
Accountable Care Organization Model;
Extension of the Submission
Deadlines for the Letters of Intent and
Applications
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of extension of
deadlines.
AGENCY:
This notice extends the
deadlines for the submission of the
Pioneer Accountable Care Organization
Model letters of intent to June 30, 2011
and the applications to August 19, 2011.
DATES: Letter of Intent Submission
Deadline: Interested organizations must
submit a non-binding letter of intent by
June 30, 2011 as described on the
Innovation Center Web site at https://
innovations.cms.gov/areas-of-focus/
seamless-and-coordinated-care-models/
pioneer-aco.
Application Submission Deadline:
Applications must be postmarked on or
before August 19, 2011. The Pioneer
Accountable Care Organization Model
SUMMARY:
E:\FR\FM\14JNN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34711-34712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14674]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid Services
Notice of Hearing; Reconsideration of Disapproval of Colorado
State Plan Amendments (SPA) 10-034
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
August 4, 2011, at the CMS Denver Regional Office, Colorado State Bank
Building, 1600 Broadway, Suite 700, Denver, Colorado 80202-4367 to
reconsider CMS' decision to disapprove Colorado SPA 10-034.
DATES: Requests to participate in the hearing as a party must be
received by the presiding officer by June 29, 2011.
FOR FURTHER INFORMATION CONTACT:
Benjamin Cohen, Presiding Officer, CMS, 2520 Lord Baltimore Drive,
Suite L, Baltimore, Maryland 21244, Telephone: (410) 786-3169.
SUPPLEMENTARY INFORMATION: This notice announces an administrative
hearing to reconsider CMS' decision to disapprove Colorado SPA 10-034
which was submitted on September 30, 2010, and disapproved on March 10,
2011. The SPA proposed to revise the methods and standards for
establishing payment rates for non-brokered and brokered non-emergency
medical transportation.
The disapproval was based on a finding that the State had not
complied with the requirements of section 1902(a)(73)(A) of the Social
Security Act to solicit advice from designees of Indian Health Programs
and Urban Indian Organizations prior to submission of a SPA likely to
have a direct effect on Indians, Indian Health Programs, or Urban
Indian Organizations.
The issues to be considered at the hearing are:
Applicability: Whether the statutory requirement in
section 1902(a)(73)(A) of the Social Security Act (the Act) for
solicitation of advice prior to the submission of a SPA that is likely
to have a direct effect on Indians, Indian Health Programs, or Urban
Indian Organizations is applicable to this SPA when there are
significant numbers of Indian beneficiaries who receive transportation
services, and Indian Health Programs and Urban Indian Organizations
that are transportation providers in the State.
Solicitation of Advice: Whether Colorado met the statutory
requirement at section 1902(a)(73)(A) to solicit advice when it did not
include in any issuance to Indian health programs and Urban Indian
Organizations prior to the submission of the SPA any specific
solicitation of advice or comment on the SPA (or any description of a
process for the submission of comments or initiation of a dialogue with
the State).
Timing: Whether Colorado met the statutory requirement at
section 1902(a)(73)(A) to solicit advice when it issued general public
notice on June 25, 2010, of the rate reductions that were to go into
effect July 1, 2010, but did not issue notice to the Indian health
programs or Urban Indian Organizations
[[Page 34712]]
until September 24, 2010, which was only 6 days prior to the date
Colorado submitted the SPA to CMS. This issue is whether 6 days is a
reasonable time period to allow for the submission and consideration of
comments.
Sufficiency of Solicitation: Whether Colorado met the
statutory requirement at section 1902(a)(73) to solicit advice when the
notice to the tribes did not describe the potential impact that the
rate reduction for transportation would have on the tribes, Indians,
Indian health providers, or urban Indian organizations.
Section 1116 of the Act and Federal regulations at 42 CFR part 430,
establish Department procedures that provide an administrative hearing
for reconsideration of a disapproval of a State plan or plan amendment.
CMS is required to publish a copy of the notice to a State Medicaid
agency that informs the agency of the time and place of the hearing,
and the issues to be considered. If we subsequently notify the agency
of additional issues that will be considered at the hearing, we will
also publish that notice.
Any individual or group that wants to participate in the hearing as
a party must petition the presiding officer within 15 days after
publication of this notice, in accordance with the requirements
contained at 42 CFR 430.76(b)(2). Any interested person or organization
that wants to participate as amicus curiae must petition the presiding
officer before the hearing begins in accordance with the requirements
contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the
presiding officer will notify all participants.
The notice to Colorado announcing an administrative hearing to
reconsider the disapproval of its SPAs reads as follows:
Ms. Laurel Karabotsos,
Acting Medical Director,
Department of Health Care Policy and Financing,
Medical & CHP+ Administration Office,
1570 Grant Street,
Denver, CO 80203-1818.
Dear Ms. Karabotsos:
I am responding to your request for reconsideration of Centers for
Medicare & Medicaid Services' (CMS) decision to disapprove the Colorado
State Plan Amendment (SPA) 10-034, which was submitted to CMS on
September 30, 2010, and disapproved on March 10, 2011. The SPA proposed
to revise the methods and standards for establishing payment rates for
non-brokered and brokered non-emergency medical transportation. The
disapproval was based on a finding that the State had not complied with
the requirements of section 1902(a)(73)(A) of the Social Security Act
to solicit advice from designees of Indian Health Programs and Urban
Indian Organizations prior to submission of a SPA likely to have a
direct effect on Indians, Indian Health Programs, or Urban Indian
Organizations.
The issues to be considered at the hearing are:
Applicability: Whether the statutory requirement in
section 1902(a)(73)(A) of the Social Security Act (the Act) for
solicitation of advice prior to the submission of a SPA that is likely
to have a direct effect on Indians, Indian Health Programs, or Urban
Indian Organizations is applicable to this SPA when there are
significant numbers of Indian beneficiaries who receive transportation
services, and Indian Health Programs and Urban Indian Organizations
that are transportation providers in the State.
Solicitation of advice: Whether Colorado met the statutory
requirement at section 1902(a)(73)(A) to solicit advice when it did not
include in any issuance to Indian health programs and Urban Indian
Organizations prior to the submission of the SPA any specific
solicitation of advice or comment on the SPA (or any description of a
process for the submission of comments or initiation of a dialogue with
the State).
Timing: Whether Colorado met the statutory requirement at
section 1902(a)(73)(A) to solicit advice when it issued general public
notice on June 25, 2010, of the rate reductions that were to go into
effect July 1, 2010, but did not issue notice to the Indian health
programs or Urban Indian Organizations until September 24, 2010, which
was only 6 days prior to the date Colorado submitted the SPA to CMS.
This issue is whether 6 days is a reasonable time period to allow for
the submission and consideration of comments.
Sufficiency of Solicitation: Whether Colorado met the
statutory requirement at section 1902(a)(73) to solicit advice when the
notice to the tribes did not describe the potential impact that the
rate reduction for transportation would have on the tribes, Indians,
Indian health providers, or urban Indian organizations.
I am scheduling a hearing on your request for reconsideration to be
held on August 4, 2011, at the CMS Denver Regional Office, Colorado
State Bank Building, 1600 Broadway, Suite 700, Denver, Colorado 80202-
4367, in order to reconsider the decision to disapprove SPA 10-034.
If this date is not acceptable, CMS rules provide that the hearing
date may be changed by written agreement between CMS and the State. The
hearing will be governed by the procedures prescribed by Federal
regulations at 42 CFR part 430.
I am designating Mr. Benjamin Cohen as the presiding officer. If
these arrangements present any problems, please contact the presiding
officer at (410) 786-3169. In order to facilitate any communication
which may be necessary between the parties to the hearing, please
notify the presiding officer to indicate acceptability of the hearing
date that has been scheduled, and to provide names of the individuals
who will represent the State at the hearing.
Sincerely,
Donald M. Berwick, M.D.
Section 1116 of the Social Security Act (42 U.S.C. section 1316; 42
CFR section 430.18)
(Catalog of Federal Domestic Assistance program No. 13.714, Medicaid
Assistance Program.)
Dated: June 8, 2011,
Donald M. Berwick,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2011-14674 Filed 6-13-11; 8:45 am]
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