Notice of Hearing: Reconsideration of Disapproval of Indiana State Plan Amendments (SPA) 11-011, 44591-44592 [2011-18831]
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44591
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices
Background and Brief Description
The mission of the National Institute
for Occupational Safety and Health
(NIOSH) is to promote safety and health
at work for all people through research
and prevention. In this capacity, NIOSH
will conduct in-depth interviews
designed to assess perceptions and
opinions among the target audience,
small construction business owners, and
to provide content for the development
of a survey to assess the occupational
safety and health needs and motivators
for seeking occupational safety and
health (OSH) information among small
construction business owners.
Exploring the OSH Needs of Small
Construction Business is a four year
field study for which the overall goal is
to identify the occupational safety and
health (OSH) needs of small
construction businesses (SCBs), and to
inform methods that will successfully
motivate SCB owners to seek OSH
training relevant to their unique work
situations. The data gathered in this
study regarding SCB owners’ specific
business training needs, motivational
factors, and preferred information
sources will be of significant practical
value when designing and
implementing future interventions.
As part of this project, a survey will
be developed to assess SCB owners
businesses’ specific training needs,
motivational factors, and preferred
information sources. The proposed indepth interviews described here are a
critical step toward the development of
this survey. Phase 1 of this project
included interview development and
revision. The goal of Phase 2 of this
project is to gather key-informant
perceptions and opinions among the
target audience, small construction
business owners in the greater
Cincinnati area with 10 or fewer
employees. Data gathered from in-depth
interviews will provide response
content for the development of a survey
to assess the occupational safety and
health needs and motivators for seeking
OSH information among small
construction business owners. That is,
the results of these interviews will be
analyzed to identify common sets of
responses, and these responses will be
used in the development of the survey
mentioned above.
Construction had the most fatal
injuries of any sector, with 1,178
fatalities in 2006 (21% of total) (U.S.
Dept. of Labor, 2008). More than 79% of
construction businesses employ fewer
than 10 employees (CPWR, 2007), and
this establishment size experiences the
highest fatality rate within construction
(U.S. Dept. of Labor, 2008). The need for
reaching this population with effective,
affordable, and culturally appropriate
training has been documented in
publications and is increasingly
becoming an institutional priority at
NIOSH. Given the numerous obstacles
which small construction business
owners face in effectively managing
occupational safety and health (e.g.,
financial and time constraints), there is
a need for identifying the most crucial
components of occupational safety and
health training. Additionally, previous
investigations suggest a need for
persuading small construction business
owners to seek out occupational safety
and health training.
This interview will be administered to
a sample of approximately 30 owners of
construction businesses with 10 or fewer
employees from the Greater Cincinnati
area. The sample size is based on
recommendations related to qualitative
interview methods and the research
team’s prior experience.
Participants for this data collection
will be recruited with the assistance of
contractors who have successfully
performed similar tasks for NIOSH in
the past. The interview questionnaire
will be administered verbally to
participants in English.
Once this study is complete, results
will be made available via various
means including print publications and
the agency internet site. The
information gathered by this project
could be used by OSHA to determine
guidelines for the development of
appropriate training materials for small
construction businesses. The results of
this project will benefit construction
workers by developing
recommendations for increasing the
effectiveness of occupational safety and
health outreach methods specifically
targeted to small construction
businesses. Although beyond the scope
of this study, it is expected that
improved use of OSH programs will
lower rates of injuries and fatalities for
workers.
There is no cost to respondents other
than their time. The total estimated
annual burden hours are 45.
ESTIMATED ANNUALIZED BURDEN HOURS
Number of
respondents
Respondents
SCBs ............................................................................................................................................
Dated: July 19, 2011.
Daniel Holcomb,
Reports Clearance Officer, Centers for Disease
Control and Prevention.
[FR Doc. 2011–18809 Filed 7–25–11; 8:45 am]
Centers for Medicare & Medicaid
Services
Notice of Hearing: Reconsideration of
Disapproval of Indiana State Plan
Amendments (SPA) 11–011
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sroberts on DSK5SPTVN1PROD with NOTICES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES (HHS)
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of hearing.
AGENCY:
This notice announces an
administrative hearing to be held on
September 13, 2011, at the CMS Chicago
Regional Office, 233 N. Michigan
SUMMARY:
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16:12 Jul 25, 2011
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PO 00000
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30
Number of
responses per
respondent
1
Average
Burden per
response
(in hours)
1.5
Avenue, Suite 600, Chicago, IL 60601, to
reconsider CMS’ decision to disapprove
Indiana SPA 11–011.
DATES: Closing Date: Requests to
participate in the hearing as a party
must be received by the presiding
officer by August 10, 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 Indiana SPA 11–011, which
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26JYN1
sroberts on DSK5SPTVN1PROD with NOTICES
44592
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices
was submitted on May 15, 2011, and
disapproved on June 1, 2011. The SPA
proposed to prohibit the State Medicaid
agency from entering into a contract or
grant with providers that perform
abortions or maintain or operate
facilities where abortions are performed,
except for hospitals or ambulatory
surgical centers.
CMS based the disapproval on a
determination that SPA 11–011 would
not comply with the requirements of
section 1902(a)(23) of the Social
Security Act (the Act). Whether SPA
11–011 complies with section
1902(a)(23) of the Act is the only issue
in this reconsideration. Section
1902(a)(23) of the Act provides that
beneficiaries may obtain covered
services from any qualified provider
that undertakes to provide such
services. Contrary to that requirement,
this SPA would eliminate the ability of
Medicaid beneficiaries to receive
services from specific providers for
reasons unrelated to their qualifications
to provide such services. It is not
consistent with section 1902(a)(23) for
Medicaid programs to exclude qualified
health care providers from providing
services that are funded under the
program because of a provider’s scope of
practice. Such a restriction would have
a particular effect on beneficiaries’
ability to access family planning
providers. It is important to note that
access to family planning providers is
an important statutory priority, as
evidenced by the additional protections
for beneficiary choice of family
planning providers under section
1902(a)(23)(B) of the Act for managed
care enrollees. It is also important to
note that neither SPA 11–011 nor the
disapproval affect the applicable
restrictions on Federal funding of
abortion services.
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
VerDate Mar<15>2010
16:12 Jul 25, 2011
Jkt 223001
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 Indiana announcing an
administrative hearing to reconsider the
disapproval of its SPA reads as follows:
Ms. Patricia Casanova,
Director, MS 07, 402 W. Washington Street,
Room W382, Indianapolis, IND 46204–
2739.
Dear Ms.Casanova:
I am responding to your request for
reconsideration of the decision to disapprove
the Indiana State Plan Amendment (SPA) 11–
011 which was submitted on May 15, 2011,
and disapproved on June 1, 2011. The SPA
proposed to prohibit the State Medicaid
agency from entering into a contract or grant
with providers that perform abortions or
maintain or operate facilities where abortions
are performed, except for hospitals or
ambulatory surgical centers.
Whether SPA 11–011 complies with
section 1902(a)(23) of the Act is the only
issue in this reconsideration.
Section 1902(a)(23) of the Act provides that
beneficiaries may obtain covered services
from any qualified provider that undertakes
to provide such services. Contrary to that
requirement, this SPA would eliminate the
ability of Medicaid beneficiaries to receive
services from specific providers for reasons
unrelated to their qualifications to provide
such services. It is not consistent with
section 1902(a)(23) for Medicaid programs to
exclude qualified health care providers from
providing services that are funded under the
program because of a provider’s scope of
practice. Such a restriction would have a
particular effect on beneficiaries’ ability to
access family planning providers. It is
important to note that access to family
planning providers is an important statutory
priority, as evidenced by the additional
protections for beneficiary choice of family
planning providers under section
1902(a)(23)(B) of the Act for managed care
enrollees. It is also important to note that
neither SPA 11–011 nor the disapproval
affect the applicable restrictions on Federal
funding of abortion services.
I am scheduling a hearing on your request
for reconsideration to be held on September
13, 2011, at the CMS Chicago Regional
Office, 233 N. Michigan Avenue, Suite 600,
Chicago, IL 60601, in order to reconsider the
decision to disapprove SPA 11–011.
If this date is not acceptable, we would be
glad to set another date that is mutually
agreeable to the parties. 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
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
has been scheduled and provide names of the
individuals who will represent the State at
the hearing. As you requested, I will also
provide this response to Indiana Solicitor
General Thomas M. Fisher.
Sincerely,
Donald M. Berwick, M.D.
Section 1116 of the Social Security
Act (42 U.S.C. 1316; 42 CFR 430.18).
(Catalog of Federal Domestic Assistance
program No. 13.714, Medicaid Assistance
Program.)
Dated: July 20, 2011.
Donald M. Berwick,
Administrator, Centers for Medicare &
Medicaid Services.
[FR Doc. 2011–18831 Filed 7–25–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2011–N–0010]
Cooperative Agreement With the World
Health Organization Department of
Food Safety and Zoonoses in Support
of Strategies That Address Food
Safety Problems That Align
Domestically and Globally (U01);
Correction
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice; correction.
The Food and Drug
Administration (FDA) is correcting a
notice that appeared in the Federal
Register of June 28, 2011 (76 FR 37817).
The document announced the
availability of funds for the support of
a sole source cooperative agreement
with the World Health Organization.
The document published stating that the
total funding available was up to
$260,000 (total costs including indirect
costs) in fiscal year 2011 in support of
this project. This document corrects that
error.
SUMMARY:
FOR FURTHER INFORMATION AND
ADDITIONAL REQUIREMENTS CONTACT:
For Programmatic Questions and
Concerns Contact
Katherine Bond, Office of
International Programs, Food and Drug
Administration, 10903 New Hampshire
Ave., Silver Spring, MD 20993–0002,
301–796–8318, e-mail:
Katherine.bond@fda.hhs.gov.
For Financial and Administrative
Questions and Concerns Contact
Gladys Melendez, Office of
Acquisition and Grant Services (HFA–
E:\FR\FM\26JYN1.SGM
26JYN1
]]>Agencies
[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44591-44592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18831]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval of Indiana
State Plan Amendments (SPA) 11-011
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
September 13, 2011, at the CMS Chicago Regional Office, 233 N. Michigan
Avenue, Suite 600, Chicago, IL 60601, to reconsider CMS' decision to
disapprove Indiana SPA 11-011.
DATES: Closing Date: Requests to participate in the hearing as a party
must be received by the presiding officer by August 10, 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 Indiana SPA 11-011,
which
[[Page 44592]]
was submitted on May 15, 2011, and disapproved on June 1, 2011. The SPA
proposed to prohibit the State Medicaid agency from entering into a
contract or grant with providers that perform abortions or maintain or
operate facilities where abortions are performed, except for hospitals
or ambulatory surgical centers.
CMS based the disapproval on a determination that SPA 11-011 would
not comply with the requirements of section 1902(a)(23) of the Social
Security Act (the Act). Whether SPA 11-011 complies with section
1902(a)(23) of the Act is the only issue in this reconsideration.
Section 1902(a)(23) of the Act provides that beneficiaries may obtain
covered services from any qualified provider that undertakes to provide
such services. Contrary to that requirement, this SPA would eliminate
the ability of Medicaid beneficiaries to receive services from specific
providers for reasons unrelated to their qualifications to provide such
services. It is not consistent with section 1902(a)(23) for Medicaid
programs to exclude qualified health care providers from providing
services that are funded under the program because of a provider's
scope of practice. Such a restriction would have a particular effect on
beneficiaries' ability to access family planning providers. It is
important to note that access to family planning providers is an
important statutory priority, as evidenced by the additional
protections for beneficiary choice of family planning providers under
section 1902(a)(23)(B) of the Act for managed care enrollees. It is
also important to note that neither SPA 11-011 nor the disapproval
affect the applicable restrictions on Federal funding of abortion
services.
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 Indiana announcing an administrative hearing to
reconsider the disapproval of its SPA reads as follows:
Ms. Patricia Casanova,
Director, MS 07, 402 W. Washington Street, Room W382, Indianapolis,
IND 46204-2739.
Dear Ms.Casanova:
I am responding to your request for reconsideration of the
decision to disapprove the Indiana State Plan Amendment (SPA) 11-011
which was submitted on May 15, 2011, and disapproved on June 1,
2011. The SPA proposed to prohibit the State Medicaid agency from
entering into a contract or grant with providers that perform
abortions or maintain or operate facilities where abortions are
performed, except for hospitals or ambulatory surgical centers.
Whether SPA 11-011 complies with section 1902(a)(23) of the Act
is the only issue in this reconsideration.
Section 1902(a)(23) of the Act provides that beneficiaries may
obtain covered services from any qualified provider that undertakes
to provide such services. Contrary to that requirement, this SPA
would eliminate the ability of Medicaid beneficiaries to receive
services from specific providers for reasons unrelated to their
qualifications to provide such services. It is not consistent with
section 1902(a)(23) for Medicaid programs to exclude qualified
health care providers from providing services that are funded under
the program because of a provider's scope of practice. Such a
restriction would have a particular effect on beneficiaries' ability
to access family planning providers. It is important to note that
access to family planning providers is an important statutory
priority, as evidenced by the additional protections for beneficiary
choice of family planning providers under section 1902(a)(23)(B) of
the Act for managed care enrollees. It is also important to note
that neither SPA 11-011 nor the disapproval affect the applicable
restrictions on Federal funding of abortion services.
I am scheduling a hearing on your request for reconsideration to
be held on September 13, 2011, at the CMS Chicago Regional Office,
233 N. Michigan Avenue, Suite 600, Chicago, IL 60601, in order to
reconsider the decision to disapprove SPA 11-011.
If this date is not acceptable, we would be glad to set another
date that is mutually agreeable to the parties. 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
provide names of the individuals who will represent the State at the
hearing. As you requested, I will also provide this response to
Indiana Solicitor General Thomas M. Fisher.
Sincerely,
Donald M. Berwick, M.D.
Section 1116 of the Social Security Act (42 U.S.C. 1316; 42 CFR
430.18).
(Catalog of Federal Domestic Assistance program No. 13.714, Medicaid
Assistance Program.)
Dated: July 20, 2011.
Donald M. Berwick,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2011-18831 Filed 7-25-11; 8:45 am]
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