Notice of Hearing: Reconsideration of Disapproval Washington Medicaid State Plan Amendment (SPA) 17-0002, 62869-62870 [2018-26495]
Download as PDF
Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices
Jeffrey M. Zirger,
Acting Lead, Information Collection Review
Office, Office of Scientific Integrity, Office
of Science, Centers for Disease Control and
Prevention (CDC).
[FR Doc. 2018–26351 Filed 12–4–18; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Notice of Hearing: Reconsideration of
Disapproval Washington Medicaid
State Plan Amendment (SPA) 17–0002
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of hearing:
reconsideration of disapproval.
AGENCY:
This notice announces an
administrative hearing to be held on
January 15, 2019, at the Department of
Health and Human Services, Centers for
Medicare & Medicaid Services, Division
of Medicaid and Children’s Health,
Seattle Regional Office, 701 Fifth
Avenue, Suite 1600, Seattle, WA 98104
to reconsider CMS’ decision to
disapprove Washington’s Medicaid SPA
17–0002.
DATES: Requests to participate in the
hearing as a party must be received by
the presiding officer by December 20,
2018.
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 Washington’s Medicaid state
plan amendment (SPA) 17–0002, which
was submitted to the Centers for
Medicare & Medicaid Services (CMS) on
June 26, 2017 and disapproved on
September 10, 2018. This SPA requested
CMS approval to: Bring Washington into
compliance with the pharmacy
reimbursement requirements in the
Covered Outpatient Drugs final rule
with comment period (CMS–2345–FC)
(Final Rule). Specifically, SPA 17–0002
proposed to revise the current pharmacy
reimbursement methodology from
reimbursing for ingredient costs based
on Estimated Acquisition Cost (EAC),
plus a tiered dispensing fee (Highvolume pharmacies $4.24/Rx, Midvolume pharmacies $4.56/Rx, Lowvolume pharmacies $5.25/Rx, and Unit
Does System $5.25/Rx), to reimbursing
for ingredient cost based on Actual
khammond on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:35 Dec 04, 2018
Jkt 247001
Acquisition Cost (AAC), using the
National Average Drug Acquisition Cost
(NADAC) without a change in the new
requirements for a professional
dispensing fee. In addition, SPA 17–
0002 included proposed changes to
reimbursement for 340B drugs,
physician-administered drugs, clotting
factor, federal supply schedule, and
drugs purchased at nominal price.
The issues to be considered at the
hearing are whether Washington SPA
17–0002 is inconsistent with the
requirements of:
• Section 1902(a)(30)(A) of the Social
Security Act (the Act) which requires, in
part, that states have a state plan that
provides such methods and procedures
to assure that payment rates are
consistent with efficiency, economy,
and quality of care and are sufficient to
enlist enough providers so that care and
services are available under the plan at
least to the extent that such care and
services are available to the general
population in the geographic area.
• Federal regulations at 42 CFR
447.502, 447.512 and 447.518 which
provide that payments for drugs are to
be based on the ingredient cost of the
drug based on AAC and a Professional
Dispensing Fee (PDF).
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 in the Federal
Register 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 state
Medicaid agency of additional issues
that will be considered at the hearing,
we will also publish that notice in the
Federal Register.
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 Washington announcing
an administrative hearing to reconsider
the disapproval of its SPA reads as
follows:
Ms. MaryAnne Lindeblad
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
62869
Director
State of Washington, Health Care
Authority
626 8th Avenue PO Box 45502
Olympia, WA 98504–5050
Dear Ms. Lindeblad:
I am responding to your November 5,
2018 request for reconsideration of the
decision to disapprove Washington’s
State Plan amendment (SPA) 17–0002.
Washington SPA 17–0002 was
submitted to the Centers for Medicare &
Medicaid Services (CMS) on June 26,
2017, and disapproved on September
10, 2018. I am scheduling a hearing on
your request for reconsideration to be
held on January 15, 2019, at the
Department of Health and Human
Services, Centers for Medicare &
Medicaid Services, Division of Medicaid
and Children’s Health, Seattle Regional
Office, 701 Fifth Avenue, Suite 1600,
Seattle, WA 98104.
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.
This SPA requested CMS approval to
bring Washington into compliance with
the pharmacy reimbursement
requirements in the Covered Outpatient
Drugs final rule with comment period
(CMS–2345–FC) (Final Rule).
Specifically, SPA 17–0002 proposed to
revise the current pharmacy
reimbursement methodology from
reimbursing for ingredient costs based
on Estimated Acquisition Cost (EAC),
plus a tiered dispensing fee (Highvolume pharmacies $4.24/Rx, Midvolume pharmacies $4.56/Rx, Lowvolume pharmacies $5.25/Rx, and Unit
Does System $5.25/Rx), to reimbursing
for ingredient cost based on Actual
Acquisition Cost (AAC), using the
National Average Drug Acquisition Cost
(NADAC) without a change in the new
requirements for a professional
dispensing fee. In addition, SPA 17–
0002 included proposed changes to
reimbursement for 340B drugs,
physician-administered drugs, clotting
factor, federal supply schedule, and
drugs purchased at nominal price.
E:\FR\FM\06DEN1.SGM
06DEN1
62870
Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices
The issues to be considered at the
hearing are whether Washington SPA
17–0027 is inconsistent with the
requirements of:
• Section 1902(a)(30)(A) of the Social
Security Act (the Act) which requires,
in part, that states have a state plan
that provides such methods and
procedures to assure that payments
are consistent with efficiency,
economy, and quality of care and are
sufficient to enlist enough providers
so that care and services are available
under the plan at least to the extent
that such care and services are
available to the general population in
the geographic area.
• Federal regulations at 42 CFR
447.502, 447.512 and 447.518 which
provide that payments for drugs are to
be based on the ingredient cost of the
drug based on AAC and a Professional
Dispensing Fee (PDF).
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.
Sincerely,
Seema Verma
Administrator
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: November 30, 2018.
Seema Verma,
Administrator, Centers for Medicare &
Medicaid Services.
[FR Doc. 2018–26495 Filed 12–4–18; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for OMB Review;
Comment Request
Title: Plan for Foster Care and
Adoption Assistance: Title IV–E of the
Social Security Act.
OMB No.: 0970–0433.
Description: A title IV–E plan is
required by section 471, part IV–E of the
Social Security Act (the Act) for each
public child welfare agency requesting
Federal funding for foster care, adoption
assistance and guardianship assistance
under the Act. Section 479B of the Act
provides for an Indian tribe, tribal
organization or tribal consortium (Tribe)
to operate a title IV–E program in the
same manner as a State with minimal
exceptions. The Tribe must have an
approved title IV–E Plan. The title IV–
E plan provides assurances the
programs will be administered in
conformity with the specific
requirements stipulated in title IV–E.
The plan must include all applicable
State or Tribal statutory, regulatory, or
policy references and citations for each
requirement as well as supporting
documentation. A title IV–E agency may
use the pre-print format prepared by the
Children’s Bureau of the Administration
for Children and Families or a different
format, on the condition that the format
used includes all of the title IV–E plan
requirements of the law.
Respondents: Title IV–E agencies
administering or supervising the
administration of the title IV–E
programs.
khammond on DSK30JT082PROD with NOTICES
ANNUAL BURDEN ESTIMATES
Instrument
Number of
respondents
Number of
responses
per
respondent
Average
burden hours
per
response
Total burden
hours
Title IV–E Plan .................................................................................................
17
1
16
272
Estimated Total Annual Burden
Hours: 272.
Additional Information: Copies of the
proposed collection may be obtained by
writing to the Administration for
Children and Families, Office of
Planning, Research and Evaluation, 330
C Street SW, Washington, DC 20201.
Attention Reports Clearance Officer. All
requests should be identified by the title
of the information collection. Email
address: infocollection@acf.hhs.gov.
OMB Comment: OMB is required to
make a decision concerning the
collection of information between 30
and 60 days after publication of this
document in the Federal Register.
Therefore, a comment is best assured of
having its full effect if OMB receives it
within 30 days of publication. Written
comments and recommendations for the
proposed information collection should
be sent directly to the following: Office
VerDate Sep<11>2014
20:35 Dec 04, 2018
Jkt 247001
of Management and Budget, Paperwork
Reduction Project, Email: OIRA_
SUBMISSION@OMB.EOP.GOV, Attn:
Desk Officer for the Administration for
Children and Families.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 2018–26416 Filed 12–4–18; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for OMB Review;
Comment Request
Title: OCSE–157 Child Support
Enforcement Program Annual Data
Report
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
OMB No.: 0970–0177.
Description: The information obtained
from this form will be used to: (1)
Report Child Support Enforcement
activities to the Congress as required by
law; (2) calculate incentive measures
performance and performance
indicators utilized in the program; and
(3) assist the Office of Child Support
Enforcement (OCSE) in monitoring and
evaluating State Child Support
programs.
OCSE is proposing updates to the
OCSE–157 report instructions to update
and clarify reporting requirements.
Respondents are encouraged to contact
the agency to obtain a copy of the
revised instructions for review and
comment.
Respondents: State, Local or Tribal
Government.
E:\FR\FM\06DEN1.SGM
06DEN1
Agencies
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62869-62870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26495]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval Washington
Medicaid State Plan Amendment (SPA) 17-0002
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of hearing: reconsideration of disapproval.
-----------------------------------------------------------------------
SUMMARY: This notice announces an administrative hearing to be held on
January 15, 2019, at the Department of Health and Human Services,
Centers for Medicare & Medicaid Services, Division of Medicaid and
Children's Health, Seattle Regional Office, 701 Fifth Avenue, Suite
1600, Seattle, WA 98104 to reconsider CMS' decision to disapprove
Washington's Medicaid SPA 17-0002.
DATES: Requests to participate in the hearing as a party must be
received by the presiding officer by December 20, 2018.
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 Washington's Medicaid
state plan amendment (SPA) 17-0002, which was submitted to the Centers
for Medicare & Medicaid Services (CMS) on June 26, 2017 and disapproved
on September 10, 2018. This SPA requested CMS approval to: Bring
Washington into compliance with the pharmacy reimbursement requirements
in the Covered Outpatient Drugs final rule with comment period (CMS-
2345-FC) (Final Rule). Specifically, SPA 17-0002 proposed to revise the
current pharmacy reimbursement methodology from reimbursing for
ingredient costs based on Estimated Acquisition Cost (EAC), plus a
tiered dispensing fee (High-volume pharmacies $4.24/Rx, Mid-volume
pharmacies $4.56/Rx, Low-volume pharmacies $5.25/Rx, and Unit Does
System $5.25/Rx), to reimbursing for ingredient cost based on Actual
Acquisition Cost (AAC), using the National Average Drug Acquisition
Cost (NADAC) without a change in the new requirements for a
professional dispensing fee. In addition, SPA 17-0002 included proposed
changes to reimbursement for 340B drugs, physician-administered drugs,
clotting factor, federal supply schedule, and drugs purchased at
nominal price.
The issues to be considered at the hearing are whether Washington
SPA 17-0002 is inconsistent with the requirements of:
Section 1902(a)(30)(A) of the Social Security Act (the
Act) which requires, in part, that states have a state plan that
provides such methods and procedures to assure that payment rates are
consistent with efficiency, economy, and quality of care and are
sufficient to enlist enough providers so that care and services are
available under the plan at least to the extent that such care and
services are available to the general population in the geographic
area.
Federal regulations at 42 CFR 447.502, 447.512 and 447.518
which provide that payments for drugs are to be based on the ingredient
cost of the drug based on AAC and a Professional Dispensing Fee (PDF).
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 in the Federal Register 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 state Medicaid agency of additional issues that
will be considered at the hearing, we will also publish that notice in
the Federal Register.
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 Washington announcing an administrative hearing to
reconsider the disapproval of its SPA reads as follows:
Ms. MaryAnne Lindeblad
Director
State of Washington, Health Care Authority
626 8th Avenue PO Box 45502
Olympia, WA 98504-5050
Dear Ms. Lindeblad:
I am responding to your November 5, 2018 request for reconsideration of
the decision to disapprove Washington's State Plan amendment (SPA) 17-
0002. Washington SPA 17-0002 was submitted to the Centers for Medicare
& Medicaid Services (CMS) on June 26, 2017, and disapproved on
September 10, 2018. I am scheduling a hearing on your request for
reconsideration to be held on January 15, 2019, at the Department of
Health and Human Services, Centers for Medicare & Medicaid Services,
Division of Medicaid and Children's Health, Seattle Regional Office,
701 Fifth Avenue, Suite 1600, Seattle, WA 98104.
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.
This SPA requested CMS approval to bring Washington into compliance
with the pharmacy reimbursement requirements in the Covered Outpatient
Drugs final rule with comment period (CMS-2345-FC) (Final Rule).
Specifically, SPA 17-0002 proposed to revise the current pharmacy
reimbursement methodology from reimbursing for ingredient costs based
on Estimated Acquisition Cost (EAC), plus a tiered dispensing fee
(High-volume pharmacies $4.24/Rx, Mid-volume pharmacies $4.56/Rx, Low-
volume pharmacies $5.25/Rx, and Unit Does System $5.25/Rx), to
reimbursing for ingredient cost based on Actual Acquisition Cost (AAC),
using the National Average Drug Acquisition Cost (NADAC) without a
change in the new requirements for a professional dispensing fee. In
addition, SPA 17-0002 included proposed changes to reimbursement for
340B drugs, physician-administered drugs, clotting factor, federal
supply schedule, and drugs purchased at nominal price.
[[Page 62870]]
The issues to be considered at the hearing are whether Washington
SPA 17-0027 is inconsistent with the requirements of:
Section 1902(a)(30)(A) of the Social Security Act (the Act)
which requires, in part, that states have a state plan that provides
such methods and procedures to assure that payments are consistent with
efficiency, economy, and quality of care and are sufficient to enlist
enough providers so that care and services are available under the plan
at least to the extent that such care and services are available to the
general population in the geographic area.
Federal regulations at 42 CFR 447.502, 447.512 and 447.518
which provide that payments for drugs are to be based on the ingredient
cost of the drug based on AAC and a Professional Dispensing Fee (PDF).
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.
Sincerely,
Seema Verma
Administrator
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: November 30, 2018.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2018-26495 Filed 12-4-18; 8:45 am]
BILLING CODE 4120-01-P