Notice of Opportunity for Hearing on Compliance of Alabama State Plan Provisions Concerning Provision of Terminating Coverage and Denying Reenrollment to Otherwise Eligible Individuals Based on a Determination of Fraud or Abuse With Titles XI and XIX (Medicaid) of the Social Security Act, 11034-11037 [2017-03292]
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Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Notices
Dated: February 13, 2017.
Kimberly D. Bose,
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[FR Doc. 2017–03231 Filed 2–16–17; 8:45 am]
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[FR Doc. 2017–03356 Filed 2–15–17; 4:15 pm]
BILLING CODE 6760–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Notice of Opportunity for Hearing on
Compliance of Alabama State Plan
Provisions Concerning Provision of
Terminating Coverage and Denying
Reenrollment to Otherwise Eligible
Individuals Based on a Determination
of Fraud or Abuse With Titles XI and
XIX (Medicaid) of the Social Security
Act
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of opportunity for a
hearing; compliance of Alabama
Medicaid State Plan—provision of
providing medicaid to all individuals
who meet eligibility criteria, and
requirements for handling of suspected
fraud and abuse by providers,
applicants, and beneficiaries.
AGENCY:
Requests to participate in
the hearing as a party must be received
by the presiding officer by March 20,
2017.
CLOSING DATE:
FOR FURTHER INFORMATION CONTACT:
Federal Retirement Thrift Investment
Board Member Meeting
February 27, 2017
Open Session
1. Approval of the Minutes of the
January 23, 2017 Board Member
Meeting
2. Monthly Reports
(a) Participant Activity Report
(b) Investment Policy Report
VerDate Sep<11>2014
(c) Legislative Report
3. Quarterly Reports
(d) Metrics
(e) Project Activity
(f) Audit Status
(g) Audit Reports
4. FISMA Report
5. Enterprise Risk Framework
6. Blended Retirement Projections
Closed Session
7. Information covered under 5 U.S.C.
552b(c)(4) and (c)(9)(B).
Adjourn
CONTACT PERSON FOR MORE INFORMATION:
Kimberly Weaver, Director, Office of
External Affairs, (202) 942–1640.
17:38 Feb 16, 2017
Jkt 241001
Benjamin R. Cohen, Hearing Officer,
Centers for Medicare & Medicaid
Services, 2520 Lord Baltimore Drive,
Suite L, Baltimore, MD 21244.
SUPPLEMENTARY INFORMATION: This
notice announces the opportunity,
pursuant to section 1904 of the Social
Security Act (the Act), for an
administrative hearing concerning the
finding of the Administrator of the
Centers for Medicare & Medicaid
Services (CMS) that the State of
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Alabama is significantly out of
compliance with the requirements of
section 1902 of the Act in administering
its state plan because Alabama fails to
promptly enroll and extend coverage to
eligible individuals who were subject to
an agency determination that they
previously engaged in fraud or program
abuse, but were never convicted of any
act of fraud. This finding will be the
basis for withholding federal financial
participation (FFP) of one percent of the
Alabama Medicaid agency’s quarterly
claim for administrative expenditures,
an amount that was developed based on
the proportion of total state Medicaid
expenditures that are used for
expenditures for eligibility
determinations. The withholding
percentage will increase by one
percentage point for every quarter in
which the Alabama Medicaid agency
remains out of compliance. The
withholding will end when the Alabama
Medicaid agency fully and satisfactorily
implements a corrective action plan to
bring its procedures for processing
eligibility determinations under its
Medicaid program into compliance with
the federal requirements.
The CMS supports state efforts to
appropriately address fraud and abuse,
and federal law and regulations provide
mechanisms to do so. Specifically,
federal law and regulations allow states
to impose penalties—including
suspension, fines and imprisonment—
on individuals who are convicted of
concealing or failing to disclose
information. Federal regulations also
require that states investigate instances
of beneficiary abuse of program rules
and, if confirmed, take appropriate
action authorized under the state plan.
These federal provisions both provide
the state with a mechanism to address
fraud and abuse and take precedence
over state law and policies.
The CMS has found that Alabama’s
policies and practices violate sections
1902(a)(8) and 1902(a)(10) of the Act
requiring states to provide Medicaid to
all individuals who meet the eligibility
criteria required under the state plan,
consistent with title XIX of the Act and
federal regulations. Specifically, reenrollment in Alabama’s Medicaid
program is denied to otherwise-eligible
individuals who were terminated based
on an agency determination that they
previously engaged in fraud or abuse for
at least one year or until restitution is
made, whichever is later. Alabama’s
practice of recouping funds or otherwise
imposing financial penalties or barring
otherwise eligible individuals from
Medicaid coverage, absent a criminal
conviction, also is not consistent with or
authorized by section 1128B(a) of the
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Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Notices
Act, regulations at 42 CFR 455.15 and
455.16 or Alabama’s Medicaid state
plan.
Alabama’s practices were not
identified in Alabama’s approved state
plan, or otherwise submitted to CMS for
review. CMS has raised this issue
previously with the state, as we discuss
below, but has been unable to resolve
the state’s non-compliance.
Alabama will have an opportunity for
a hearing on these findings. Alabama
will have 30 days to request such a
hearing. If a request for hearing is timely
submitted, the hearing will be convened
by the designated hearing officer below,
no later than 60 days after the date of
this Federal Register notice, or a later
date by agreement of the parties and the
Hearing Officer, at the CMS Regional
Office in Atlanta, Georgia, in accordance
with the procedures set forth in federal
regulations at 42 CFR part 430, subpart
D. The Hearing Officer also should be
notified if the Alabama Medicaid agency
requests a hearing but cannot meet the
timeframe expressed in this notice. The
Hearing Officer designated for this
matter is: Benjamin R. Cohen, Hearing
Officer, Centers for Medicare &
Medicaid Services, 2520 Lord Baltimore
Drive, Suite L, Baltimore, MD 21244.
After a final determination that the
Alabama Medicaid agency has failed to
comply substantially with these
requirements in the administration of its
state Medicaid plan, made after a
hearing or absent a hearing request,
consistent with the provisions of section
1904 of the Act, CMS will begin
withholding federal funds as specified
above. Such withholding will continue
until the Alabama Medicaid agency
comes into compliance with the
requirements described in sections
1902(a)(8) and 1902(a)(10) of the Act,
requiring states to provide Medicaid to
all individuals who meet eligibility
criteria required under the state plan,
and with section 1128B(a) of the Act
and regulations at 42 CFR 455.15 and
455.16, requiring that the agency refer
cases of suspected fraud to appropriate
law enforcement, conduct a full
investigation of suspected abuse and
limit sanctions to those permitted under
the regulations or specified in its
approved state plan.
Details about the facts relating to
Alabama’s practices are set forth in the
letter notifying Alabama of the
Administrator’s finding. The following
issues will be considered at any
requested hearing:
1. Whether the penalties set forth in
Section 22–6–8 of the Alabama Code are
consistent with the requirements of
sections 1902(a)(8) and 1902(a)(10) of
the Act.
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17:38 Feb 16, 2017
Jkt 241001
2. If so, whether an administrative
finding of the type described in section
22–6–8 of the Alabama Code, without a
conviction in a court of law, is a
sufficient basis to impose such penalties
consistent with the requirements of
sections 1902(a)(8) and 1902(a)(10) of
the Act, and the remedies set forth in
sections 1128 and 1128B of the Act,
regulations at 42 CFR 455.15 and 455.16
and the Alabama Medicaid state plan.
Beginning in early February 2016,
CMS notified Alabama that the state’s
actions are inconsistent with federal
statutory and regulatory requirements.
CMS has communicated with the state
both in writing and by phone on several
occasions since that time, including a
July 6, 2016, notice of non-compliance
in which CMS advised the Alabama
Medicaid agency that if it did not
submit a corrective action plan (CAP) to
come into compliance with federal
policy and the approved state plan
within 30 days of the notice, formal
compliance proceedings would be
initiated. Alabama has consistently
defended its policy, including in an
August 1, 2016, letter responding to the
notice of non-compliance in which the
Alabama Medicaid agency requested
reconsideration of CMS’ determination
and a stay of the 30 day deadline for
submission of the CAP. CMS reviewed
the Alabama Medicaid agency’s
response and, for the reasons stated
above, has determined the Alabama
Medicaid agency is not in compliance
with the federal statute and regulations
or Alabama’s Medicaid state plan.
The letter notifying Alabama of the
details concerning this compliance
issue, the proposed withholding of FFP,
opportunity for a hearing, and
possibility of postponing and ultimately
avoiding withholding by coming into
compliance, reads as follows:
Ms. Stephanie Azar
Commissioner
Alabama Medicaid Agency
501 Dexter Avenue
Montgomery, AL 36116
Dear Ms. Azar:
This letter provides notice and an
opportunity for a hearing on a finding by the
Centers for Medicare & Medicaid Services
(CMS) of significant noncompliance with
applicable statutory and regulatory
requirements in the operation of the Alabama
Medicaid program, because the Alabama
Medicaid agency inappropriately denies
coverage to otherwise eligible individuals
who were terminated based on an agency
determination that they previously engaged
in fraud or abuse.
The CMS supports state efforts to
appropriately address fraud and abuse, and
federal law and regulations provide
mechanisms to do so. As described further in
this letter, federal law and regulation allow
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Fmt 4703
Sfmt 4703
11035
states to impose penalties—including
suspension, fines and imprisonment—for
individuals who are convicted of concealing
or failing to disclose information. Federal
regulations also require that states conduct a
full investigation into instances of
beneficiary abuse of program rules and, if
confirmed, take appropriate action
authorized under the state plan. Except in
such conditions, states are required by
federal statute to promptly enroll and
provide medical assistance to all eligible
individuals. These federal provisions,
discussed in more detail below, take
precedence over state law and policies.
The CMS has learned in discussions with
state agency staff that Alabama’s policies and
practices are not consistent with the federal
statutory framework governing instances of
alleged beneficiary fraud or abuse.
Specifically, Alabama denies enrollment in
Alabama’s Medicaid program to otherwiseeligible individuals who were never
convicted of wrong-doing, but were the
subject of an agency determination that they
previously engaged in fraud or abuse, for at
least one year or until restitution is made,
whichever is later. This practice is in
violation of sections 1902(a)(8) and
1902(a)(10) of the Social Security Act (the
Act) requiring states to provide Medicaid to
all individuals who meet the eligibility
criteria required under the state plan,
consistent with title XIX of the Act and
federal regulations. Furthermore, Alabama’s
practice of recouping funds or otherwise
imposing financial penalties or barring
otherwise eligible individuals from Medicaid
coverage, absent a criminal conviction, is not
consistent with or authorized by section
1128B(a) of the Act, regulations at 42 CFR
455.15 and 455.16 or Alabama’s Medicaid
state plan.
Alabama’s practices were not identified in
Alabama’s approved state plan, or otherwise
submitted to CMS for review. CMS has raised
this issue previously with the state, as we
discuss below, but has been unable to resolve
the state’s non-compliance.
Pursuant to section 1904 of the Act and 42
CFR 430.35, CMS is providing the Alabama
Medicaid agency with an opportunity for a
hearing on this finding of noncompliance
with statutory and regulatory requirements. If
the finding is upheld or unchallenged
following this opportunity for a hearing, a
portion of the federal financial participation
(FFP) of the administrative costs associated
with the operation of the Alabama Medicaid
program, as specified in more detail below,
will be withheld until the state ceases this
impermissible practice and CMS makes a
finding that the state has come into
compliance with the statute and regulations.
The factual details of the finding, the
proposed withholding, how the Alabama
Medicaid agency can request a hearing on the
finding, and the steps Alabama can take to
avoid sanctions by coming into compliance
are described below.
Factual Findings
Section 22–6–8 of the Alabama Code
provides that ‘‘Upon determination by a
utilization review committee or the
designated state medicaid agency that a
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medicaid recipient has abused, defrauded, or
misused the benefits of the program said
recipient shall immediately become
ineligible for Medicaid benefits.’’ Section 22–
6–8 of the Code further provides that
‘‘Medicaid recipients whose eligibility has
been revoked due to abuse, fraud or other
deliberate misuse of the program shall not be
deemed eligible for future Medicaid services
for a period of not less than one year, and
until full restitution has been made to the
designated State Medicaid Agency.’’
In implementing section 22–6–8 of the
Alabama Code, state agency staff explained
that if a beneficiary does not report a change
in circumstances which the agency
determines would have resulted in
termination of eligibility, any payments for
services provided to the beneficiary after the
change in circumstances may be considered
to be an ‘‘overpayment.’’ State agency staff
further explained that when the Alabama
Medicaid agency has made such an
overpayment to providers that exceeds $300,
the beneficiary’s case record is referred to the
agency’s Payment Review Unit for
evaluation. If the Payment Review Unit
determines an overpayment has been made,
it forwards the case to the agency’s
Utilization Review Committee (URC) with a
recommendation for suspension of eligibility.
If the URC votes to suspend, the individual
is suspended from Medicaid eligibility for a
minimum of one year or until the
overpayment to the Medicaid providers
during the period of eligibility is paid in full
by the beneficiary to the Alabama Medicaid
agency, whichever is later.
Applicable Statutory and Regulatory
Provisions
In general, the Medicaid statute at section
1902(a)(10) of the Act sets out the groups of
Medicaid-eligible individuals, and the
conditions under which they are eligible.
Some groups are mandatory for states to
cover under the state plan, and other groups
are covered under the state plan at state
option. Section 1902(a)(8) of the Act requires
states to provide medical assistance to
eligible individuals with ‘‘reasonable
promptness.’’ The applicable federal
statutory and regulatory provisions do not
authorize states to impose additional
conditions on eligibility, including exclusion
of individuals who meet the conditions of
eligibility but are suspected by the state
agency of fraud or abuse, and only permit
recovery of overpayments from providers, not
beneficiaries.
Federal law and regulations do provide for
state Medicaid agencies to address instances
of beneficiary fraud or abuse. Specifically, 42
CFR 455.15 and 455.16 require that state
Medicaid agencies refer cases of suspected
fraud to an appropriate law enforcement
agency. If an individual is convicted of
concealing or failing to disclose information
‘‘with an intent fraudulently to secure
[Medicaid benefits],’’ a fine of up to $25,000
or imprisonment up to 5 years or both may
be imposed under section 1128B of the Act.
Further, per section 1128B(a) of the Act, the
agency may limit, restrict or suspend, for up
to one year, coverage of an otherwise-eligible
individual convicted of fraud. Absent
VerDate Sep<11>2014
17:38 Feb 16, 2017
Jkt 241001
conviction, however, there is no authority
either to impose sanctions or deny eligibility
under the statute or regulations based on
fraud.
Unlike suspected fraud, suspected abuse
does not require referral to law enforcement
or criminal proceedings. Rather, if the agency
believes an individual is abusing the benefits
of the Medicaid program, 42 CFR 455.15(c)
directs the agency to conduct a full
investigation. Per 42 CFR 455.16, the
agency’s investigation must continue until
appropriate legal action has been initiated,
the case has been dropped because of
insufficient supporting evidence, or the case
has been otherwise resolved. Per 42 CFR
455.16(c), if, after a full investigation, the
agency finds that an applicant or beneficiary
has abused the program, the agency may
issue a warning letter or impose ‘‘other
sanctions provided under the State plan.’’
Under 42 CFR 455.16(c), resolution of an
investigation into allegations of abuse may
include suspension of and/or recovery of
overpayments from providers. However,
these regulations do not authorize recovery of
overpayments from beneficiaries. Further,
while section 1903(d)(2)(C) of the Act and 42
CFR part 433 Subpart F provide for recovery
of overpayments from providers, there is
nothing in the statute or regulations that
permits states to recoup payments to
providers directly from beneficiaries.
Alabama’s Medicaid State plan does not
authorize suspension of eligibility from the
program merely based on a determination by
the Payment Unit or URC that an
overpayment has been made or on an agency
finding that an applicant or beneficiary
otherwise has abused the program; nor does
it authorize restitution or recovery of
overpayments as a condition of coverage.
Instead, Page 36 of Section 4.5 of Alabama’s
approved Medicaid state plan calls for the
agency to establish and maintain methods,
criteria and procedures that meet all
requirements of 42 CFR 455.13 through
455.23 for prevention and control of program
fraud and abuse.
Federal regulations provide for appropriate
measures that states must take whenever the
agency obtains information indicating a
beneficiary is no longer eligible for Medicaid.
Specifically, regulations at 42 CFR 435.916(d)
provide for a redetermination of eligibility in
such circumstances, and regulations in 42
CFR part 431 Subpart E provide for advance
notice and due process protections for
beneficiaries determined no longer eligible.
While beneficiaries are expected to report
changes in their circumstances per 42 CFR
435.916(c), failure to do so does not
necessarily constitute fraud or abuse. Some
states have instituted periodic data matching
with available data sources in order to
proactively detect changes in beneficiary
circumstances. If a change that may impact
eligibility is detected, the Medicaid agency
must follow up, in accordance with 42 CFR
435.916(d), to give the beneficiary an
opportunity to dispute the change, and
provide documentation of ongoing eligibility
if necessary. Before terminating, the agency
must consider whether there other potential
bases for continued eligibility and, for
individuals determined ineligible for
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Fmt 4703
Sfmt 4703
Medicaid, the agency must determine
potential eligibility for other insurance
affordability programs in accordance with 42
CFR 435.916(f). We encourage the Alabama
Medicaid agency to consider adopting
periodic data matching with available
sources if it believes that failure on
beneficiaries part to report changes in their
circumstances poses a program integrity risk.
Although the Alabama Medicaid agency
reported that beneficiaries terminated per
section 22–6–8 of the Alabama Code are
given advance notice prior to being
terminated and may appeal their termination,
requiring that an individual pay the agency
back for the cost of services furnished prior
to his or her termination from coverage
effectively represents a retroactive
termination of eligibility which renders
meaningless the 10-day advance notice of
termination required under 42 CFR 431.211
and is not permitted under the regulations.1
If the agency believes that a beneficiary’s
failure to report a change in circumstances
rises to the level of fraud or abuse of the
program, referral to law enforcement for
investigation of fraud, or institution of a full
investigation into abuse by the agency, are
the only appropriate next steps under the
statute and federal regulations.
Discussions With the State Medicaid Agency
Beginning in early February 2016, CMS
notified Alabama that the state’s actions are
inconsistent with federal statutory and
regulatory requirements. CMS has
communicated with the state both in writing
and by phone on several occasions since that
time, including a July 6, 2016, notice of noncompliance in which CMS advised the
Alabama Medicaid agency that if it did not
submit a corrective action plan (CAP) to
come into compliance with federal policy
and the approved state plan within 30 days
of the notice, formal compliance proceedings
would be initiated. Alabama has consistently
defended its policy, including in an August
1, 2016, letter responding to the notice of
non-compliance in which the Alabama
Medicaid agency requested reconsideration
of CMS’ determination and a stay of the 30
day deadline for submission of the CAP. CMS
reviewed the Alabama Medicaid agency’s
response and, for the reasons stated above,
has determined the Alabama Medicaid
agency is not in compliance with the federal
statute and regulations or Alabama’s
Medicaid state plan.
In a phone call on November 3, 2016, the
Alabama Medicaid agency suggested that
CMS’ enforcement of the federal statutory
and regulatory provisions at issue would
prevent it from taking action against
applicants who intentionally misrepresent
information or beneficiaries who fail to
report changes in circumstances. CMS
explained that several tools are available to
enable states to effectively address such
situations, including robust verification
procedures, such as instituting periodic data
matching with available data sources in order
to proactively detect changes in beneficiary
1 The advance notice of termination required is
reduced to a minimum 5 days per 42 CFR 431.214
in a case involving probable fraud; such fraud must
be verified if possible through secondary sources.
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circumstances. CMS also explained the steps
which the agency can and must follow under
regulations at 42 CFR 435.916(d) and 42 CFR
part 435 subpart E in the event that the
agency later discovers information that
suggests someone was not at application, or
is no longer, eligible for coverage. Again, if
the agency believes that an applicant
intentionally provided false information on
his or her application, referral to law
enforcement for investigation of fraud, or
institution of a full investigation by the
agency into potential abuse, are the only
appropriate next steps under the statute and
regulations.
The Alabama Medicaid agency’s
submission of its quarterly expenditure
reports through the CMS–64 includes a
certification that the Alabama Medicaid
agency is operating under the authority of its
approved Medicaid state plan. However, at
this time, CMS has not received information
from the agency providing evidence of
compliance with its approved state plan,
sections 1902(a)(8), 1902(a)(10) and 1128B(a)
of the Act or regulations at 42 CFR 455.15
and 455.16.
Determination of Non-Compliance and FFP
Withholding
The CMS has concluded that the Alabama
Medicaid agency is operating its program in
substantial noncompliance with federal
requirements described in sections 1902(a)(8)
and 1902(a)(10) of the Act, requiring states to
provide Medicaid to all individuals who
meet eligibility criteria required under the
state plan, and with section 1128B(a) of the
Act and regulations at 42 CFR 455.15 and
455.16, requiring that the agency refer cases
of suspected fraud to appropriate law
enforcement, conduct a full investigation of
suspected abuse, and limit sanctions to those
permitted under the regulations or specified
in its approved state plan. Subject to the
state’s opportunity for a hearing, CMS will
withhold a portion of federal financial
participation (FFP) from the Alabama
Medicaid agency’s quarterly claim of
expenditures for administrative costs until
such time as the Alabama Medicaid agency
is, and continues to be, in compliance with
the federal requirements.
The withholding will initially be one
percent of the federal share of the Alabama
Medicaid agency’s quarterly claim for
administrative expenditures, an amount that
was developed based on the proportion of
total state Medicaid expenditures that are
used for expenditures for eligibility
determinations, as reported on Form CMS–
64.10 Line 50. The withholding percentage
will increase by one percentage point for
every quarter in which the Alabama
Medicaid agency remains out of compliance.
The withholding will end when the Alabama
Medicaid agency fully and satisfactorily
implements a corrective action plan to bring
its eligibility policies and procedures under
its Medicaid program into compliance with
the federal requirements.
Opportunity To Request a Hearing
The state has 30 days from the date of this
letter to request a hearing. If a request for
hearing is submitted timely, the hearing will
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17:38 Feb 16, 2017
Jkt 241001
be convened by the designated hearing
officer below, no later than 60 days after the
date of the Federal Register notice, or a later
date by agreement of the parties and the
Hearing Officer, at the CMS Regional Office
in Atlanta, Georgia, in accordance with the
procedures set forth in federal regulations at
42 CFR part 430, subpart D. The Hearing
Officer also should be notified if the Alabama
Medicaid agency requests a hearing but
cannot meet the timeframe expressed in this
notice. The Hearing Officer designated for
this matter is:
Benjamin R. Cohen, Hearing Officer
Centers for Medicare & Medicaid Services
2520 Lord Baltimore Drive, Suite L
Baltimore, MD 21244
At issue in any such hearing will be:
1. Whether the penalties set forth in
Section 22–6–8 of the Alabama Code are
consistent with the requirements of sections
1902(a)(8) and 1902(a)(10) of the Act.
2. If so, whether an administrative finding
of the type described in section 22–6–8 of the
Alabama Code, without a conviction in a
court of law, is a sufficient basis to impose
such penalties consistent with the
requirements of sections 1902(a)(8) and
1902(a)(10) of the Act, and the remedies set
forth in sections 1128 and 1128B of the Act,
regulations at 42 CFR 455.15 and 455.16 and
the Alabama Medicaid state plan.
If the Alabama Medicaid agency plans to
come into compliance with the approved
state plan, the Alabama Medicaid agency
should submit, within 30 days of the date of
this letter, an explanation of how the
Alabama Medicaid agency plans to come into
compliance with federal requirements and
the timeframe for doing so. If that
explanation is satisfactory, CMS may
consider postponing any requested hearing,
which could also delay the imposition of the
withholding of funds as described above. Our
goal is to have the Alabama Medicaid agency
come into compliance, and CMS continues to
be available to provide technical assistance to
the Alabama Medicaid agency in achieving
this outcome. However, if CMS does not find
the Alabama Medicaid agency’s plan or
explanation satisfactory, CMS will not
postpone any requested hearing.
Should you not request a hearing within 30
days, a notice of withholding will be sent to
you and the withholding of federal funds will
begin as described above.
If you have any questions or wish to
discuss this determination further, please
contact:
Jackie Glaze
Associate Regional Administrator
Division of Medicaid and Children’s Health
Operations
CMS Atlanta Regional Office, 61 Forsyth
Street, Suite 4T20
Atlanta, Georgia 30303
404–562–7417
Sincerely,
Patrick H. Conway
Acting Administrator
(Catalog of Federal Domestic Assistance
Program No. 13.714, Medicaid Assistance
Program.)
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11037
Dated: February 14, 2017.
Patrick H. Conway,
Acting Administrator, Centers for Medicare
& Medicaid Services.
[FR Doc. 2017–03292 Filed 2–16–17; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifiers: CMS–R–10, CMS–
10116, CMS–R–26, CMS–10069, CMS–10629,
CMS–10266, CMS–8003, CMS–4040, CMS–
10156, CMS–10170, CMS–10198, CMS–
10227, CMS–10344, CMS–416, CMS–R–244,
and CMS–10219]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Centers for Medicare &
Medicaid Services, HHS.
ACTION: Notice.
AGENCY:
The Centers for Medicare &
Medicaid Services (CMS) is announcing
an opportunity for the public to
comment on CMS’ intention to collect
information from the public. Under the
Paperwork Reduction Act of 1995
(PRA), federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension or reinstatement of an existing
collection of information, and to allow
a second opportunity for public
comment on the notice. Interested
persons are invited to send comments
regarding the burden estimate or any
other aspect of this collection of
information, including the necessity and
utility of the proposed information
collection for the proper performance of
the agency’s functions, the accuracy of
the estimated burden, ways to enhance
the quality, utility, and clarity of the
information to be collected and the use
of automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
DATES: Comments on the collection(s) of
information must be received by the
OMB desk officer by March 20, 2017.
ADDRESSES: When commenting on the
proposed information collections,
please reference the document identifier
or OMB control number. To be assured
consideration, comments and
recommendations must be received by
the OMB desk officer via one of the
following transmissions: OMB, Office of
Information and Regulatory Affairs,
Attention: CMS Desk Officer, Fax
SUMMARY:
E:\FR\FM\17FEN1.SGM
17FEN1
Agencies
[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Notices]
[Pages 11034-11037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03292]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Notice of Opportunity for Hearing on Compliance of Alabama State
Plan Provisions Concerning Provision of Terminating Coverage and
Denying Reenrollment to Otherwise Eligible Individuals Based on a
Determination of Fraud or Abuse With Titles XI and XIX (Medicaid) of
the Social Security Act
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of opportunity for a hearing; compliance of Alabama
Medicaid State Plan--provision of providing medicaid to all individuals
who meet eligibility criteria, and requirements for handling of
suspected fraud and abuse by providers, applicants, and beneficiaries.
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CLOSING DATE: Requests to participate in the hearing as a party must
be received by the presiding officer by March 20, 2017.
FOR FURTHER INFORMATION CONTACT: Benjamin R. Cohen, Hearing Officer,
Centers for Medicare & Medicaid Services, 2520 Lord Baltimore Drive,
Suite L, Baltimore, MD 21244.
SUPPLEMENTARY INFORMATION: This notice announces the opportunity,
pursuant to section 1904 of the Social Security Act (the Act), for an
administrative hearing concerning the finding of the Administrator of
the Centers for Medicare & Medicaid Services (CMS) that the State of
Alabama is significantly out of compliance with the requirements of
section 1902 of the Act in administering its state plan because Alabama
fails to promptly enroll and extend coverage to eligible individuals
who were subject to an agency determination that they previously
engaged in fraud or program abuse, but were never convicted of any act
of fraud. This finding will be the basis for withholding federal
financial participation (FFP) of one percent of the Alabama Medicaid
agency's quarterly claim for administrative expenditures, an amount
that was developed based on the proportion of total state Medicaid
expenditures that are used for expenditures for eligibility
determinations. The withholding percentage will increase by one
percentage point for every quarter in which the Alabama Medicaid agency
remains out of compliance. The withholding will end when the Alabama
Medicaid agency fully and satisfactorily implements a corrective action
plan to bring its procedures for processing eligibility determinations
under its Medicaid program into compliance with the federal
requirements.
The CMS supports state efforts to appropriately address fraud and
abuse, and federal law and regulations provide mechanisms to do so.
Specifically, federal law and regulations allow states to impose
penalties--including suspension, fines and imprisonment--on individuals
who are convicted of concealing or failing to disclose information.
Federal regulations also require that states investigate instances of
beneficiary abuse of program rules and, if confirmed, take appropriate
action authorized under the state plan. These federal provisions both
provide the state with a mechanism to address fraud and abuse and take
precedence over state law and policies.
The CMS has found that Alabama's policies and practices violate
sections 1902(a)(8) and 1902(a)(10) of the Act requiring states to
provide Medicaid to all individuals who meet the eligibility criteria
required under the state plan, consistent with title XIX of the Act and
federal regulations. Specifically, re-enrollment in Alabama's Medicaid
program is denied to otherwise-eligible individuals who were terminated
based on an agency determination that they previously engaged in fraud
or abuse for at least one year or until restitution is made, whichever
is later. Alabama's practice of recouping funds or otherwise imposing
financial penalties or barring otherwise eligible individuals from
Medicaid coverage, absent a criminal conviction, also is not consistent
with or authorized by section 1128B(a) of the
[[Page 11035]]
Act, regulations at 42 CFR 455.15 and 455.16 or Alabama's Medicaid
state plan.
Alabama's practices were not identified in Alabama's approved state
plan, or otherwise submitted to CMS for review. CMS has raised this
issue previously with the state, as we discuss below, but has been
unable to resolve the state's non-compliance.
Alabama will have an opportunity for a hearing on these findings.
Alabama will have 30 days to request such a hearing. If a request for
hearing is timely submitted, the hearing will be convened by the
designated hearing officer below, no later than 60 days after the date
of this Federal Register notice, or a later date by agreement of the
parties and the Hearing Officer, at the CMS Regional Office in Atlanta,
Georgia, in accordance with the procedures set forth in federal
regulations at 42 CFR part 430, subpart D. The Hearing Officer also
should be notified if the Alabama Medicaid agency requests a hearing
but cannot meet the timeframe expressed in this notice. The Hearing
Officer designated for this matter is: Benjamin R. Cohen, Hearing
Officer, Centers for Medicare & Medicaid Services, 2520 Lord Baltimore
Drive, Suite L, Baltimore, MD 21244.
After a final determination that the Alabama Medicaid agency has
failed to comply substantially with these requirements in the
administration of its state Medicaid plan, made after a hearing or
absent a hearing request, consistent with the provisions of section
1904 of the Act, CMS will begin withholding federal funds as specified
above. Such withholding will continue until the Alabama Medicaid agency
comes into compliance with the requirements described in sections
1902(a)(8) and 1902(a)(10) of the Act, requiring states to provide
Medicaid to all individuals who meet eligibility criteria required
under the state plan, and with section 1128B(a) of the Act and
regulations at 42 CFR 455.15 and 455.16, requiring that the agency
refer cases of suspected fraud to appropriate law enforcement, conduct
a full investigation of suspected abuse and limit sanctions to those
permitted under the regulations or specified in its approved state
plan.
Details about the facts relating to Alabama's practices are set
forth in the letter notifying Alabama of the Administrator's finding.
The following issues will be considered at any requested hearing:
1. Whether the penalties set forth in Section 22-6-8 of the Alabama
Code are consistent with the requirements of sections 1902(a)(8) and
1902(a)(10) of the Act.
2. If so, whether an administrative finding of the type described
in section 22-6-8 of the Alabama Code, without a conviction in a court
of law, is a sufficient basis to impose such penalties consistent with
the requirements of sections 1902(a)(8) and 1902(a)(10) of the Act, and
the remedies set forth in sections 1128 and 1128B of the Act,
regulations at 42 CFR 455.15 and 455.16 and the Alabama Medicaid state
plan.
Beginning in early February 2016, CMS notified Alabama that the
state's actions are inconsistent with federal statutory and regulatory
requirements. CMS has communicated with the state both in writing and
by phone on several occasions since that time, including a July 6,
2016, notice of non-compliance in which CMS advised the Alabama
Medicaid agency that if it did not submit a corrective action plan
(CAP) to come into compliance with federal policy and the approved
state plan within 30 days of the notice, formal compliance proceedings
would be initiated. Alabama has consistently defended its policy,
including in an August 1, 2016, letter responding to the notice of non-
compliance in which the Alabama Medicaid agency requested
reconsideration of CMS' determination and a stay of the 30 day deadline
for submission of the CAP. CMS reviewed the Alabama Medicaid agency's
response and, for the reasons stated above, has determined the Alabama
Medicaid agency is not in compliance with the federal statute and
regulations or Alabama's Medicaid state plan.
The letter notifying Alabama of the details concerning this
compliance issue, the proposed withholding of FFP, opportunity for a
hearing, and possibility of postponing and ultimately avoiding
withholding by coming into compliance, reads as follows:
Ms. Stephanie Azar
Commissioner
Alabama Medicaid Agency
501 Dexter Avenue
Montgomery, AL 36116
Dear Ms. Azar:
This letter provides notice and an opportunity for a hearing on
a finding by the Centers for Medicare & Medicaid Services (CMS) of
significant noncompliance with applicable statutory and regulatory
requirements in the operation of the Alabama Medicaid program,
because the Alabama Medicaid agency inappropriately denies coverage
to otherwise eligible individuals who were terminated based on an
agency determination that they previously engaged in fraud or abuse.
The CMS supports state efforts to appropriately address fraud
and abuse, and federal law and regulations provide mechanisms to do
so. As described further in this letter, federal law and regulation
allow states to impose penalties--including suspension, fines and
imprisonment--for individuals who are convicted of concealing or
failing to disclose information. Federal regulations also require
that states conduct a full investigation into instances of
beneficiary abuse of program rules and, if confirmed, take
appropriate action authorized under the state plan. Except in such
conditions, states are required by federal statute to promptly
enroll and provide medical assistance to all eligible individuals.
These federal provisions, discussed in more detail below, take
precedence over state law and policies.
The CMS has learned in discussions with state agency staff that
Alabama's policies and practices are not consistent with the federal
statutory framework governing instances of alleged beneficiary fraud
or abuse. Specifically, Alabama denies enrollment in Alabama's
Medicaid program to otherwise-eligible individuals who were never
convicted of wrong-doing, but were the subject of an agency
determination that they previously engaged in fraud or abuse, for at
least one year or until restitution is made, whichever is later.
This practice is in violation of sections 1902(a)(8) and 1902(a)(10)
of the Social Security Act (the Act) requiring states to provide
Medicaid to all individuals who meet the eligibility criteria
required under the state plan, consistent with title XIX of the Act
and federal regulations. Furthermore, Alabama's practice of
recouping funds or otherwise imposing financial penalties or barring
otherwise eligible individuals from Medicaid coverage, absent a
criminal conviction, is not consistent with or authorized by section
1128B(a) of the Act, regulations at 42 CFR 455.15 and 455.16 or
Alabama's Medicaid state plan.
Alabama's practices were not identified in Alabama's approved
state plan, or otherwise submitted to CMS for review. CMS has raised
this issue previously with the state, as we discuss below, but has
been unable to resolve the state's non-compliance.
Pursuant to section 1904 of the Act and 42 CFR 430.35, CMS is
providing the Alabama Medicaid agency with an opportunity for a
hearing on this finding of noncompliance with statutory and
regulatory requirements. If the finding is upheld or unchallenged
following this opportunity for a hearing, a portion of the federal
financial participation (FFP) of the administrative costs associated
with the operation of the Alabama Medicaid program, as specified in
more detail below, will be withheld until the state ceases this
impermissible practice and CMS makes a finding that the state has
come into compliance with the statute and regulations.
The factual details of the finding, the proposed withholding,
how the Alabama Medicaid agency can request a hearing on the
finding, and the steps Alabama can take to avoid sanctions by coming
into compliance are described below.
Factual Findings
Section 22-6-8 of the Alabama Code provides that ``Upon
determination by a utilization review committee or the designated
state medicaid agency that a
[[Page 11036]]
medicaid recipient has abused, defrauded, or misused the benefits of
the program said recipient shall immediately become ineligible for
Medicaid benefits.'' Section 22-6-8 of the Code further provides
that ``Medicaid recipients whose eligibility has been revoked due to
abuse, fraud or other deliberate misuse of the program shall not be
deemed eligible for future Medicaid services for a period of not
less than one year, and until full restitution has been made to the
designated State Medicaid Agency.''
In implementing section 22-6-8 of the Alabama Code, state agency
staff explained that if a beneficiary does not report a change in
circumstances which the agency determines would have resulted in
termination of eligibility, any payments for services provided to
the beneficiary after the change in circumstances may be considered
to be an ``overpayment.'' State agency staff further explained that
when the Alabama Medicaid agency has made such an overpayment to
providers that exceeds $300, the beneficiary's case record is
referred to the agency's Payment Review Unit for evaluation. If the
Payment Review Unit determines an overpayment has been made, it
forwards the case to the agency's Utilization Review Committee (URC)
with a recommendation for suspension of eligibility. If the URC
votes to suspend, the individual is suspended from Medicaid
eligibility for a minimum of one year or until the overpayment to
the Medicaid providers during the period of eligibility is paid in
full by the beneficiary to the Alabama Medicaid agency, whichever is
later.
Applicable Statutory and Regulatory Provisions
In general, the Medicaid statute at section 1902(a)(10) of the
Act sets out the groups of Medicaid-eligible individuals, and the
conditions under which they are eligible. Some groups are mandatory
for states to cover under the state plan, and other groups are
covered under the state plan at state option. Section 1902(a)(8) of
the Act requires states to provide medical assistance to eligible
individuals with ``reasonable promptness.'' The applicable federal
statutory and regulatory provisions do not authorize states to
impose additional conditions on eligibility, including exclusion of
individuals who meet the conditions of eligibility but are suspected
by the state agency of fraud or abuse, and only permit recovery of
overpayments from providers, not beneficiaries.
Federal law and regulations do provide for state Medicaid
agencies to address instances of beneficiary fraud or abuse.
Specifically, 42 CFR 455.15 and 455.16 require that state Medicaid
agencies refer cases of suspected fraud to an appropriate law
enforcement agency. If an individual is convicted of concealing or
failing to disclose information ``with an intent fraudulently to
secure [Medicaid benefits],'' a fine of up to $25,000 or
imprisonment up to 5 years or both may be imposed under section
1128B of the Act. Further, per section 1128B(a) of the Act, the
agency may limit, restrict or suspend, for up to one year, coverage
of an otherwise-eligible individual convicted of fraud. Absent
conviction, however, there is no authority either to impose
sanctions or deny eligibility under the statute or regulations based
on fraud.
Unlike suspected fraud, suspected abuse does not require
referral to law enforcement or criminal proceedings. Rather, if the
agency believes an individual is abusing the benefits of the
Medicaid program, 42 CFR 455.15(c) directs the agency to conduct a
full investigation. Per 42 CFR 455.16, the agency's investigation
must continue until appropriate legal action has been initiated, the
case has been dropped because of insufficient supporting evidence,
or the case has been otherwise resolved. Per 42 CFR 455.16(c), if,
after a full investigation, the agency finds that an applicant or
beneficiary has abused the program, the agency may issue a warning
letter or impose ``other sanctions provided under the State plan.''
Under 42 CFR 455.16(c), resolution of an investigation into
allegations of abuse may include suspension of and/or recovery of
overpayments from providers. However, these regulations do not
authorize recovery of overpayments from beneficiaries. Further,
while section 1903(d)(2)(C) of the Act and 42 CFR part 433 Subpart F
provide for recovery of overpayments from providers, there is
nothing in the statute or regulations that permits states to recoup
payments to providers directly from beneficiaries.
Alabama's Medicaid State plan does not authorize suspension of
eligibility from the program merely based on a determination by the
Payment Unit or URC that an overpayment has been made or on an
agency finding that an applicant or beneficiary otherwise has abused
the program; nor does it authorize restitution or recovery of
overpayments as a condition of coverage. Instead, Page 36 of Section
4.5 of Alabama's approved Medicaid state plan calls for the agency
to establish and maintain methods, criteria and procedures that meet
all requirements of 42 CFR 455.13 through 455.23 for prevention and
control of program fraud and abuse.
Federal regulations provide for appropriate measures that states
must take whenever the agency obtains information indicating a
beneficiary is no longer eligible for Medicaid. Specifically,
regulations at 42 CFR 435.916(d) provide for a redetermination of
eligibility in such circumstances, and regulations in 42 CFR part
431 Subpart E provide for advance notice and due process protections
for beneficiaries determined no longer eligible. While beneficiaries
are expected to report changes in their circumstances per 42 CFR
435.916(c), failure to do so does not necessarily constitute fraud
or abuse. Some states have instituted periodic data matching with
available data sources in order to proactively detect changes in
beneficiary circumstances. If a change that may impact eligibility
is detected, the Medicaid agency must follow up, in accordance with
42 CFR 435.916(d), to give the beneficiary an opportunity to dispute
the change, and provide documentation of ongoing eligibility if
necessary. Before terminating, the agency must consider whether
there other potential bases for continued eligibility and, for
individuals determined ineligible for Medicaid, the agency must
determine potential eligibility for other insurance affordability
programs in accordance with 42 CFR 435.916(f). We encourage the
Alabama Medicaid agency to consider adopting periodic data matching
with available sources if it believes that failure on beneficiaries
part to report changes in their circumstances poses a program
integrity risk.
Although the Alabama Medicaid agency reported that beneficiaries
terminated per section 22-6-8 of the Alabama Code are given advance
notice prior to being terminated and may appeal their termination,
requiring that an individual pay the agency back for the cost of
services furnished prior to his or her termination from coverage
effectively represents a retroactive termination of eligibility
which renders meaningless the 10-day advance notice of termination
required under 42 CFR 431.211 and is not permitted under the
regulations.\1\ If the agency believes that a beneficiary's failure
to report a change in circumstances rises to the level of fraud or
abuse of the program, referral to law enforcement for investigation
of fraud, or institution of a full investigation into abuse by the
agency, are the only appropriate next steps under the statute and
federal regulations.
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\1\ The advance notice of termination required is reduced to a
minimum 5 days per 42 CFR 431.214 in a case involving probable
fraud; such fraud must be verified if possible through secondary
sources.
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Discussions With the State Medicaid Agency
Beginning in early February 2016, CMS notified Alabama that the
state's actions are inconsistent with federal statutory and
regulatory requirements. CMS has communicated with the state both in
writing and by phone on several occasions since that time, including
a July 6, 2016, notice of non-compliance in which CMS advised the
Alabama Medicaid agency that if it did not submit a corrective
action plan (CAP) to come into compliance with federal policy and
the approved state plan within 30 days of the notice, formal
compliance proceedings would be initiated. Alabama has consistently
defended its policy, including in an August 1, 2016, letter
responding to the notice of non-compliance in which the Alabama
Medicaid agency requested reconsideration of CMS' determination and
a stay of the 30 day deadline for submission of the CAP. CMS
reviewed the Alabama Medicaid agency's response and, for the reasons
stated above, has determined the Alabama Medicaid agency is not in
compliance with the federal statute and regulations or Alabama's
Medicaid state plan.
In a phone call on November 3, 2016, the Alabama Medicaid agency
suggested that CMS' enforcement of the federal statutory and
regulatory provisions at issue would prevent it from taking action
against applicants who intentionally misrepresent information or
beneficiaries who fail to report changes in circumstances. CMS
explained that several tools are available to enable states to
effectively address such situations, including robust verification
procedures, such as instituting periodic data matching with
available data sources in order to proactively detect changes in
beneficiary
[[Page 11037]]
circumstances. CMS also explained the steps which the agency can and
must follow under regulations at 42 CFR 435.916(d) and 42 CFR part
435 subpart E in the event that the agency later discovers
information that suggests someone was not at application, or is no
longer, eligible for coverage. Again, if the agency believes that an
applicant intentionally provided false information on his or her
application, referral to law enforcement for investigation of fraud,
or institution of a full investigation by the agency into potential
abuse, are the only appropriate next steps under the statute and
regulations.
The Alabama Medicaid agency's submission of its quarterly
expenditure reports through the CMS-64 includes a certification that
the Alabama Medicaid agency is operating under the authority of its
approved Medicaid state plan. However, at this time, CMS has not
received information from the agency providing evidence of
compliance with its approved state plan, sections 1902(a)(8),
1902(a)(10) and 1128B(a) of the Act or regulations at 42 CFR 455.15
and 455.16.
Determination of Non-Compliance and FFP Withholding
The CMS has concluded that the Alabama Medicaid agency is
operating its program in substantial noncompliance with federal
requirements described in sections 1902(a)(8) and 1902(a)(10) of the
Act, requiring states to provide Medicaid to all individuals who
meet eligibility criteria required under the state plan, and with
section 1128B(a) of the Act and regulations at 42 CFR 455.15 and
455.16, requiring that the agency refer cases of suspected fraud to
appropriate law enforcement, conduct a full investigation of
suspected abuse, and limit sanctions to those permitted under the
regulations or specified in its approved state plan. Subject to the
state's opportunity for a hearing, CMS will withhold a portion of
federal financial participation (FFP) from the Alabama Medicaid
agency's quarterly claim of expenditures for administrative costs
until such time as the Alabama Medicaid agency is, and continues to
be, in compliance with the federal requirements.
The withholding will initially be one percent of the federal
share of the Alabama Medicaid agency's quarterly claim for
administrative expenditures, an amount that was developed based on
the proportion of total state Medicaid expenditures that are used
for expenditures for eligibility determinations, as reported on Form
CMS-64.10 Line 50. The withholding percentage will increase by one
percentage point for every quarter in which the Alabama Medicaid
agency remains out of compliance. The withholding will end when the
Alabama Medicaid agency fully and satisfactorily implements a
corrective action plan to bring its eligibility policies and
procedures under its Medicaid program into compliance with the
federal requirements.
Opportunity To Request a Hearing
The state has 30 days from the date of this letter to request a
hearing. If a request for hearing is submitted timely, the hearing
will be convened by the designated hearing officer below, no later
than 60 days after the date of the Federal Register notice, or a
later date by agreement of the parties and the Hearing Officer, at
the CMS Regional Office in Atlanta, Georgia, in accordance with the
procedures set forth in federal regulations at 42 CFR part 430,
subpart D. The Hearing Officer also should be notified if the
Alabama Medicaid agency requests a hearing but cannot meet the
timeframe expressed in this notice. The Hearing Officer designated
for this matter is:
Benjamin R. Cohen, Hearing Officer
Centers for Medicare & Medicaid Services
2520 Lord Baltimore Drive, Suite L
Baltimore, MD 21244
At issue in any such hearing will be:
1. Whether the penalties set forth in Section 22-6-8 of the
Alabama Code are consistent with the requirements of sections
1902(a)(8) and 1902(a)(10) of the Act.
2. If so, whether an administrative finding of the type
described in section 22-6-8 of the Alabama Code, without a
conviction in a court of law, is a sufficient basis to impose such
penalties consistent with the requirements of sections 1902(a)(8)
and 1902(a)(10) of the Act, and the remedies set forth in sections
1128 and 1128B of the Act, regulations at 42 CFR 455.15 and 455.16
and the Alabama Medicaid state plan.
If the Alabama Medicaid agency plans to come into compliance
with the approved state plan, the Alabama Medicaid agency should
submit, within 30 days of the date of this letter, an explanation of
how the Alabama Medicaid agency plans to come into compliance with
federal requirements and the timeframe for doing so. If that
explanation is satisfactory, CMS may consider postponing any
requested hearing, which could also delay the imposition of the
withholding of funds as described above. Our goal is to have the
Alabama Medicaid agency come into compliance, and CMS continues to
be available to provide technical assistance to the Alabama Medicaid
agency in achieving this outcome. However, if CMS does not find the
Alabama Medicaid agency's plan or explanation satisfactory, CMS will
not postpone any requested hearing.
Should you not request a hearing within 30 days, a notice of
withholding will be sent to you and the withholding of federal funds
will begin as described above.
If you have any questions or wish to discuss this determination
further, please contact:
Jackie Glaze
Associate Regional Administrator
Division of Medicaid and Children's Health Operations
CMS Atlanta Regional Office, 61 Forsyth Street, Suite 4T20
Atlanta, Georgia 30303
404-562-7417
Sincerely,
Patrick H. Conway
Acting Administrator
(Catalog of Federal Domestic Assistance Program No. 13.714, Medicaid
Assistance Program.)
Dated: February 14, 2017.
Patrick H. Conway,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2017-03292 Filed 2-16-17; 8:45 am]
BILLING CODE 4120-01-P