Notice of Hearing: Reconsideration of Disapproval Texas Medicaid State Plan Amendment (SPA) 14-25, 37268-37269 [2015-16098]

Download as PDF 37268 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices ESTIMATED ANNUALIZED BURDEN HOURS—Continued Number of respondents Type of respondents Form name Medical/Clinical Laboratory Technologist. Medical/Clinical Laboratory Technologist. Medical/Clinical Laboratory Technologist. Medical/Clinical Laboratory Technologist. Medical/Clinical Laboratory Technologist. Staff RN ............................................ Hemovigilance Module Annual Survey. Hemovigilance Module Monthly Reporting Plan. Hemovigilance Module Monthly Reporting Denominators. Hemovigilance Adverse Reaction .... Staff RN ............................................ Staff RN ............................................ Staff RN ............................................ Registered Nurse (Infection Preventionist). Staff RN ............................................ Staff RN ............................................ Staff RN ............................................ Staff RN ............................................ Staff RN ............................................ Staff RN ............................................ Total ........................................... 2 1,000 500 12 1/60 100 500 12 1 6,000 500 48 15/60 6,000 Hemovigilance Incident .................... 500 10 10/60 833 Patient Safety Component—Annual Facility Survey for Ambulatory Surgery Center (ASC). Outpatient Procedure Component— Monthly Reporting Plan. Outpatient Procedure Component Event. Outpatient Procedure Component— Monthly Denominators and Summary. Outpatient Dialysis Center Practices Survey. Dialysis Monthly Reporting Plan ...... Dialysis Event ................................... Denominators for Dialysis Event Surveillance. Prevention Process Measures Monthly Monitoring for Dialysis. Dialysis Patient Influenza Vaccination. Dialysis Patient Influenza Vaccination Denominator. 5,000 1 5/60 417 5,000 12 15/60 15,000 5,000 25 40/60 83,333 5,000 12 40/60 40,000 6,500 1 2.0 13,000 6,500 6,500 6,500 12 60 12 5/60 25/60 10/60 6,500 162,500 13,000 1,500 12 1.25 22,500 325 75 10/60 4,063 325 5 10/60 271 ........................................................... ........................ ........................ ........................ 4,861,542 BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) Centers for Medicare and Medicaid Services Notice of Hearing: Reconsideration of Disapproval Texas Medicaid State Plan Amendment (SPA) 14–25 Centers for Medicare and Medicaid Services (CMS), HHS. ACTION: Notice of Hearing: Reconsideration of Disapproval. AGENCY: asabaliauskas on DSK5VPTVN1PROD with NOTICES Total burden (in hours) 1 [FR Doc. 2015–16028 Filed 6–29–15; 8:45 am] This notice announces an administrative hearing to be held on August 6, 2015, at the Department of Health and Human Services, Centers for Medicare and Medicaid Services, Division of Medicaid & Children’s SUMMARY: 17:34 Jun 29, 2015 Average burden per response (in hours) 500 Maryam I. Daneshvar, Deputy Director, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention. VerDate Sep<11>2014 Number of responses per respondent Jkt 235001 Health, Dallas Regional Office, 1301 Young Street, Room 714, Dallas, TX 75202, to reconsider CMS’ decision to disapprove Texas’ Medicaid SPA 14–25. Closing Date: Requests to participate in the hearing as a party must be received by the presiding officer by July 15, 2015. FOR FURTHER INFORMATION CONTACT: Benjamin R. 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 Texas’ Medicaid SPA 14–25, which was submitted to the Centers for Medicare and Medicaid Services (CMS) on August 26, 2014 and disapproved on April 7, 2015. In part, this SPA requested CMS approval to revise the methodology for calculating the hospital-specific limit for the Disproportionate Share Hospital (DSH) program. Specifically, SPA 14–25 proposed to exclude from the calculation, the portion of a Medicare payment for an individual who is PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 dually-eligible for Medicare and Medicaid that exceeds the Medicaid allowable cost for the service provided to the recipient. This exclusion would permit the state to make Medicaid DSH payments that are above and beyond hospitals’ reported uncompensated costs of providing services to Medicaid and uninsured individuals. The issue to be considered at the hearing is: • Whether Texas SPA 14–25 is inconsistent with Medicaid DSH requirements of sections 1902(a)(13)(A)(iv) and 1923 of the Social Security Act (Act) because it would provide for payment to disproportionate share hospitals of amounts that exceed the hospital’s uncompensated costs which cannot be considered consistent with DSH requirements pursuant to the hospital-specific limit under section 1923(g)(1) of the Act. 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 E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices 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 Texas announcing an administrative hearing to reconsider the disapproval of its SPA reads as follows: Ms. Kay Ghahremani State Medicaid/CHIP Director Health and Human Services Commission Post Office Box 13247 Mail Code H100 Austin, TX 78711 asabaliauskas on DSK5VPTVN1PROD with NOTICES Dear Ms. Ghahremani: I am responding to your request for reconsideration of the decision to disapprove Texas’ State Plan amendment (SPA) 14–25, which was submitted to the Centers for Medicare & Medicaid Services (CMS) on August 26, 2014, and disapproved on April 7, 2015. I am scheduling a hearing on your request for reconsideration to be held on August 6, 2015, at the Department of Health and Human Services, Centers for Medicare & Medicaid Services, Division of Medicaid & Children’s Health, Dallas Regional Office, 1301 Young Street, Room 714, Dallas, TX 75202. I am designating Mr. Benjamin R. Cohen as the presiding officer. If these arrangements present any problems, please contact Mr. Cohen at (410) 786–3169. In order to facilitate any communication that may be necessary between the parties prior 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. If the hearing date is not acceptable, Mr. Cohen can set another date mutually agreeable to the parties. The hearing will be governed by the procedures prescribed by federal regulations at 42 CFR part 430. In part, this SPA requested CMS approval to revise the methodology for calculating the hospital-specific limit for the Disproportionate Share Hospital (DSH) program. Specifically, SPA 14–25 proposed to exclude from the calculation, the portion of a Medicare payment for an individual who is dually-eligible for Medicare and Medicaid that exceeds the Medicaid allowable cost for the service provided to the recipient. This VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 exclusion would permit the state to make Medicaid DSH payments that are above and beyond hospitals’ reported uncompensated costs of providing services to Medicaid and uninsured individuals. The issue to be considered at the hearing is: • Whether Texas SPA 14–25 is inconsistent with Medicaid DSH requirements at sections 1902(a)(13)(A)(iv) and 1923 of the Social Security Act (Act) because it would provide for payment to disproportionate share hospitals of amounts that exceed the hospital’s uncompensated costs which cannot be considered consistent with DSH requirements pursuant to the hospital-specific limit under section 1923(g)(1) of the Act. In the event that CMS and the State come to agreement on resolution of the issues which formed the basis for disapproval, this SPA may be moved to approval prior to the scheduled hearing. I am responding to your request for reconsideration of the decision to disapprove Texas’ Medicaid state plan amendment (SPA) 14–025, which was submitted to the Centers for Medicare and Medicaid Services (CMS) on August 26, 2014, and disapproved on April 7, 2015. I am scheduling a hearing on your request for reconsideration to be held on August 6, 2015, at the Department of Health and Human Services, Centers for Medicare and Medicaid Services, Division of Medicaid & Children’s Health, Dallas Regional Office, 1301 Young Street, Room 714, Dallas, TX 75202. Sincerely, 37269 Products’’ has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE–14526, Silver Spring, MD 20993–0002, PRAStaff@ fda.hhs.gov. On February 10, 2015, the Agency submitted a proposed collection of information entitled, ‘‘Export Certificates for FDA Regulated Products’’ to OMB for review and clearance under 44 U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has now approved the information collection and has assigned OMB control number 0910–0498. The approval expires on March 31, 2018. A copy of the supporting statement for this information collection is available on the Internet at http://www.reginfo.gov/ public/do/PRAMain. SUPPLEMENTARY INFORMATION: Dated: June 25, 2015. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2015–16023 Filed 6–29–15; 8:45 am] Andrew M. Slavitt BILLING CODE 4164–01–P cc: Benjamin R. Cohen 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: June 24, 2015. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. 2015–16098 Filed 6–29–15; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2010–N–0161] Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing that a collection of information entitled, ‘‘Export Certificates for FDA Regulated SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Food and Drug Administration [Docket No. FDA–2009–N–0025] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Animal Food Labeling; Declaration of Certifiable Color Additives AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by July 30, 2015. SUMMARY: Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Export Certificates for Food and Drug Administration Regulated Products AGENCY: DEPARTMENT OF HEALTH AND HUMAN SERVICES To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of ADDRESSES: E:\FR\FM\30JNN1.SGM 30JNN1

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[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37268-37269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16098]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Centers for Medicare and Medicaid Services


Notice of Hearing: Reconsideration of Disapproval Texas Medicaid 
State Plan Amendment (SPA) 14-25

AGENCY: Centers for Medicare and Medicaid Services (CMS), HHS.

ACTION: Notice of Hearing: Reconsideration of Disapproval.

-----------------------------------------------------------------------

SUMMARY: This notice announces an administrative hearing to be held on 
August 6, 2015, at the Department of Health and Human Services, Centers 
for Medicare and Medicaid Services, Division of Medicaid & Children's 
Health, Dallas Regional Office, 1301 Young Street, Room 714, Dallas, TX 
75202, to reconsider CMS' decision to disapprove Texas' Medicaid SPA 
14-25.
    Closing Date: Requests to participate in the hearing as a party 
must be received by the presiding officer by July 15, 2015.

FOR FURTHER INFORMATION CONTACT: Benjamin R. 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 Texas' Medicaid SPA 
14-25, which was submitted to the Centers for Medicare and Medicaid 
Services (CMS) on August 26, 2014 and disapproved on April 7, 2015. In 
part, this SPA requested CMS approval to revise the methodology for 
calculating the hospital-specific limit for the Disproportionate Share 
Hospital (DSH) program. Specifically, SPA 14-25 proposed to exclude 
from the calculation, the portion of a Medicare payment for an 
individual who is dually-eligible for Medicare and Medicaid that 
exceeds the Medicaid allowable cost for the service provided to the 
recipient. This exclusion would permit the state to make Medicaid DSH 
payments that are above and beyond hospitals' reported uncompensated 
costs of providing services to Medicaid and uninsured individuals.
    The issue to be considered at the hearing is:

     Whether Texas SPA 14-25 is inconsistent with Medicaid 
DSH requirements of sections 1902(a)(13)(A)(iv) and 1923 of the 
Social Security Act (Act) because it would provide for payment to 
disproportionate share hospitals of amounts that exceed the 
hospital's uncompensated costs which cannot be considered consistent 
with DSH requirements pursuant to the hospital-specific limit under 
section 1923(g)(1) of the Act.

    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

[[Page 37269]]

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 Texas announcing an administrative hearing to 
reconsider the disapproval of its SPA reads as follows:

Ms. Kay Ghahremani
State Medicaid/CHIP Director
Health and Human Services Commission
Post Office Box 13247
Mail Code H100
Austin, TX 78711

Dear Ms. Ghahremani:

    I am responding to your request for reconsideration of the 
decision to disapprove Texas' State Plan amendment (SPA) 14-25, 
which was submitted to the Centers for Medicare & Medicaid Services 
(CMS) on August 26, 2014, and disapproved on April 7, 2015. I am 
scheduling a hearing on your request for reconsideration to be held 
on August 6, 2015, at the Department of Health and Human Services, 
Centers for Medicare & Medicaid Services, Division of Medicaid & 
Children's Health, Dallas Regional Office, 1301 Young Street, Room 
714, Dallas, TX 75202.
    I am designating Mr. Benjamin R. Cohen as the presiding officer. 
If these arrangements present any problems, please contact Mr. Cohen 
at (410) 786-3169. In order to facilitate any communication that may 
be necessary between the parties prior 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. If the hearing date is not 
acceptable, Mr. Cohen can set another date mutually agreeable to the 
parties. The hearing will be governed by the procedures prescribed 
by federal regulations at 42 CFR part 430.
    In part, this SPA requested CMS approval to revise the 
methodology for calculating the hospital-specific limit for the 
Disproportionate Share Hospital (DSH) program. Specifically, SPA 14-
25 proposed to exclude from the calculation, the portion of a 
Medicare payment for an individual who is dually-eligible for 
Medicare and Medicaid that exceeds the Medicaid allowable cost for 
the service provided to the recipient. This exclusion would permit 
the state to make Medicaid DSH payments that are above and beyond 
hospitals' reported uncompensated costs of providing services to 
Medicaid and uninsured individuals.
    The issue to be considered at the hearing is:
     Whether Texas SPA 14-25 is inconsistent with Medicaid 
DSH requirements at sections 1902(a)(13)(A)(iv) and 1923 of the 
Social Security Act (Act) because it would provide for payment to 
disproportionate share hospitals of amounts that exceed the 
hospital's uncompensated costs which cannot be considered consistent 
with DSH requirements pursuant to the hospital-specific limit under 
section 1923(g)(1) of the Act.
    In the event that CMS and the State come to agreement on 
resolution of the issues which formed the basis for disapproval, 
this SPA may be moved to approval prior to the scheduled hearing. I 
am responding to your request for reconsideration of the decision to 
disapprove Texas' Medicaid state plan amendment (SPA) 14-025, which 
was submitted to the Centers for Medicare and Medicaid Services 
(CMS) on August 26, 2014, and disapproved on April 7, 2015. I am 
scheduling a hearing on your request for reconsideration to be held 
on August 6, 2015, at the Department of Health and Human Services, 
Centers for Medicare and Medicaid Services, Division of Medicaid & 
Children's Health, Dallas Regional Office, 1301 Young Street, Room 
714, Dallas, TX 75202.

Sincerely,

Andrew M. Slavitt

cc: Benjamin R. Cohen

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: June 24, 2015.
Andrew M. Slavitt,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2015-16098 Filed 6-29-15; 8:45 am]
 BILLING CODE 4120-01-P