Proposed Reallotment of Fiscal Year 2021 Funds for the Low Income Home Energy Assistance Program, 59438-59439 [2022-21296]
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59438
Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Notices
Human Services (the Secretary) to
publish changes to the AIC threshold
amounts in the Federal Register. In
order to be entitled to a hearing before
an ALJ, a party to a proceeding must
meet the AIC requirements at
§ 405.1006(b). Similarly, a party must
meet the AIC requirements at
§ 405.1006(c) at the time judicial review
is requested for the court to have
jurisdiction over the appeal
(§ 405.1136(a)).
B. Medicare Part C/MA Appeals
Section 1852(g)(5) of the Act applies
the AIC adjustment requirement to
Medicare Part C appeals. The
implementing regulations for Medicare
Part C appeals are found at 42 CFR 422,
subpart M. Specifically, sections
422.600 and 422.612 discuss the AIC
threshold amounts for ALJ hearings and
judicial review. Section 422.600 grants
any party to the reconsideration (except
the MA organization) who is dissatisfied
with the reconsideration determination
a right to an ALJ hearing as long as the
amount remaining in controversy after
reconsideration meets the threshold
requirement established annually by the
Secretary. Section 422.612 states, in
part, that any party, including the MA
organization, may request judicial
review if the AIC meets the threshold
requirement established annually by the
Secretary.
C. Health Maintenance Organizations,
Competitive Medical Plans, and Health
Care Prepayment Plans
Section 1876(c)(5)(B) of the Act states
that the annual adjustment to the AIC
dollar amounts set forth in section
1869(b)(1)(E)(iii) of the Act applies to
certain beneficiary appeals within the
context of health maintenance
organizations and competitive medical
plans. The applicable implementing
regulations for Medicare Part C appeals
are set forth in 42 CFR 422, subpart M
and apply to these appeals in
accordance with 42 CFR 417.600(b). The
Medicare Part C appeals rules also apply
to health care prepayment plan appeals
in accordance with 42 CFR 417.840.
D. Medicare Part D (Prescription Drug
Plan) Appeals
The annually adjusted AIC threshold
amounts for ALJ hearings and judicial
review that apply to Medicare Parts A,
B, and C appeals also apply to Medicare
Part D appeals. Section 1860D–4(h)(1) of
the Act regarding Part D appeals
requires a prescription drug plan
sponsor to meet the requirements set
forth in sections 1852(g)(4) and (g)(5) of
the Act, in a similar manner as MA
organizations. The implementing
regulations for Medicare Part D appeals
can be found at 42 CFR 423, subparts M
and U. More specifically, § 423.2006 of
the Part D appeals rules discusses the
AIC threshold amounts for ALJ hearings
and judicial review. Sections 423.2002
and 423.2006 grant a Part D enrollee
who is dissatisfied with the
independent review entity (IRE)
reconsideration determination a right to
an ALJ hearing if the amount remaining
in controversy after the IRE
reconsideration meets the threshold
amount established annually by the
Secretary, and other requirements set
forth in § 423.2002. Sections 423.2006
and 423.2136 allow a Part D enrollee to
request judicial review of an ALJ or
Medicare Appeals Council decision if
the AIC meets the threshold amount
established annually by the Secretary,
and other requirements are met as set
forth in these provisions.
CY 2019
ALJ Hearing .........................................................................
Judicial Review ....................................................................
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III. Collection of Information
Requirements
This document does not impose any
‘‘collection of information’’
requirements as defined under 5 CFR
1320.3(c). Consequently, the notice is
not subject to the requirements of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Administrator of the Centers for
Medicare & Medicaid Services (CMS),
Chiquita Brooks-LaSure, having
reviewed and approved this document,
authorizes Vanessa Garcia, who is the
VerDate Sep<11>2014
18:52 Sep 29, 2022
Jkt 256001
CY 2020
$160
1,630
Dated: September 27, 2022.
Vanessa Garcia,
Federal Register Liaison, Centers for Medicare
& Medicaid Services.
[FR Doc. 2022–21284 Filed 9–29–22; 8:45 am]
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A. AIC Adjustment Formula and AIC
Adjustments
Section 1869(b)(1)(E)(iii) of the Act
requires that the AIC threshold amounts
be adjusted annually, beginning in
January 2005, by the percentage increase
in the medical care component of the
CPI for all urban consumers (U.S. city
average) for July 2003 to July of the year
preceding the year involved and
rounded to the nearest multiple of $10.
B. Calendar Year 2023
The AIC threshold amount for ALJ
hearings will remain at $180 and the
AIC threshold amount for judicial
review will rise to $1,850 for CY 2023.
These amounts are based on the 84.665
percent increase in the medical care
component of the CPI, which was at
297.600 in July 2003 and rose to 549.562
in July 2022. The AIC threshold amount
for ALJ hearings changes to $184.66
based on the 84.665 percent increase
over the initial threshold amount of
$100 established in 2003. In accordance
with section 1869(b)(1)(E)(iii) of the Act,
the adjusted threshold amounts are
rounded to the nearest multiple of $10.
Therefore, the CY 2023 AIC threshold
amount for ALJ hearings is $180.00. The
AIC threshold amount for judicial
review changes to $1,846.65 based on
the 84.665 percent increase over the
initial threshold amount of $1,000. This
amount was rounded to the nearest
multiple of $10, resulting in the CY
2023 AIC threshold amount of $1,850.00
for judicial review.
C. Summary Table of Adjustments in
the AIC Threshold Amounts
In the following table we list the CYs
2019 through 2023 threshold amounts.
CY 2021
$170
1,670
Federal Register Liaison, to
electronically sign this document for
purposes of publication in the Federal
Register.
BILLING CODE 4120–01–P
II. Provisions of the Notice—Annual
AIC Adjustments
$180
1,760
CY 2022
CY 2023
$180
1,760
$180
1,850
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
[CFDA Number: 93.568]
Proposed Reallotment of Fiscal Year
2021 Funds for the Low Income Home
Energy Assistance Program
Office of Community Services
(OCS), Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
AGENCY:
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Notices
ACTION:
Notice of public comment.
The ACF, OCS, Division of
Energy Assistance (DEA) announces a
preliminary determination that funds
from the federal fiscal year (FFY) 2021
Low Income Home Energy Assistance
Program (LIHEAP) are available for
reallotment to states, territories, tribes,
and tribal organizations that received
FFY 2022 direct LIHEAP grants. The
purpose of this award is to redistribute
FFY 2021 annual LIHEAP funds that
grant recipients were unable to obligate
or carry over to FFY 2022. No subrecipients of these grant recipients or
other entities may apply for these funds.
DATES: Comments are due by: October
31, 2022.
ADDRESSES: Comments may be
submitted to: Peter Edelman, Program
Analyst, Office of Community Services,
Administration for Children and
Families, 330 C Street SW, 5th Floor;
Mail Room 5425; Washington, DC 20201
or via email: peter.edelman@
acf.hhs.gov. Comments may also be
faxed to (202) 401–5661.
FOR FURTHER INFORMATION CONTACT:
Akm Rahman, Program Operations
Branch Chief, Division of Energy
Assistance, Office of Community
Services, 330 C Street SW, 5th Floor;
Mail Room 5425; Washington, DC
20201. Telephone: (202) 401–5306;
Email: Akm.Rahman@acf.hhs.gov.
SUPPLEMENTARY INFORMATION: After
receiving Carryover and Reallotment
Reports from FFY 2021 LIHEAP
recipients and reconciling the
unobligated funds on those reports with
the respective Federal Financial
Reports, ACF has determined that
$711,932 in FFY 2021 LIHEAP funds
were available for reallotment for FFY
2022. This determination is based on
the reports of 20 recipients, minor
corrections to certain amounts available
for carryover, and the amounts of funds
that these recipients had in their
Payment Management System (PMS)
accounts. LIHEAP grant recipients
submitted the FFY 2021 Carryover and
Reallotment Reports to OCS, as required
by regulations applicable to LIHEAP at
45 CFR 96.81(b).
The LIHEAP statute allows grant
recipients who have funds unobligated
at the end of the federal fiscal year for
which they are awarded to request that
they be allowed to carry over up to 10
percent of their full-year allotments to
the next federal fiscal year, (42 U.S.C.
8626(b)(2)). Funds in excess of this
amount must be returned to HHS and
are subject to reallotment under 42
U.S.C. 8626(b)(1).
jspears on DSK121TN23PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:52 Sep 29, 2022
Jkt 256001
FFY 2021 funds appropriated under
the American Rescue Plan Act of 2021
(Pub. L. 117–2) were not subject to 42
U.S.C. 8626(b)(2)(B), which caps
carryover at 10 percent. Therefore, these
funds were not included in the
reallotment calculation.
In accordance with 42 U.S.C.
8626(b)(3), ACF notified each of the 20
grant recipients that reported $711,932
of unobligated funds above their
carryover caps. In these notices, ACF
told each about the amount it returned
for de-obligation and the amount that
will be redistributed to FFY 2022 grant
recipients as part of the reallotment. It
also gave each recipient 30 calendar
days to provide comments directly to
ACF.
If funds are reallotted, then they will
be allocated in accordance with 42
U.S.C. 8623 and must be treated by
LIHEAP grant recipients that receive
them as an amount appropriated for
FFY 2022. As FFY 2022 funds, they will
be subject to all requirements of the
LIHEAP statute, including 42 U.S.C.
8626(b)(2), which requires that a
recipient obligate at least 90 percent of
its total block grant allocation for a
fiscal year by the end of the fiscal year
for which the funds are appropriated,
that is, by September 30, 2022.
All LIHEAP grant recipients that
receive a portion of these funds will be
notified of the final reallotment amount
redistributed to them for obligation in
FFY 2022. This decision will also be
published in the Federal Register and in
a Dear Colleague Letter that is posted to
ACF’s website at https://
www.acf.hhs.gov/ocs/resource/dearcolleagues.
The FFY 2021 LIHEAP funds that
ACF preliminarily expects to become
available for reallotment determination
come from the following grant
recipients in the following amounts:
Name of grant recipient that
reported funds to be returned for
reallotment
Bishop Paiute Tribe .........................
Colorado River Indian Tribes ..........
Cow Creek Band of Umpqua Tribe
of Indians .....................................
Hopland Band of Pomo Indians ......
Jicarilla Apache Nation ...................
Kalispel Tribe of Indians .................
Little River Band of Ottawa Indians
Makah Tribe ....................................
Muckleshoot Indian Tribe ................
Nooksack Indian Tribe ....................
Oglala Sioux Tribe ..........................
Paiute Indian Tribe of Utah .............
Pit River Tribe .................................
Quileute Tribe ..................................
Round Valley Indian Tribes .............
Sac and Fox Nation of Oklahoma ...
Samish Indian Nation ......................
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Frm 00051
Fmt 4703
Sfmt 4703
Amount
available for
reallotment
$17,531
16,914
7,302
1,755
16,873
7,921
106,187
36,164
37,669
38,535
268,413
61,183
9,255
1,673
558
44,538
331
Name of grant recipient that
reported funds to be returned for
reallotment
59439
Amount
available for
reallotment
Shawnee Tribe ................................
Spokane Tribe of Indians ................
The Delaware Tribe of Indians ........
3,600
19,951
15,579
Total ................................................
711,932
If funds are reallotted, then grant
recipients may use them for any
purpose authorized under LIHEAP and
must add these funds to their total
LIHEAP funds payable for FFY 2022 for
purposes of calculating statutory caps
on administrative costs, carryover,
Assurance 16 activities, and
weatherization assistance.
Additionally, all recipients of these
funds must (1) ensure that they are
included in the amounts on Lines 1.1 of
their FFY 2022 Carryover and
Reallotment Reports; (2) reconcile these
funds, to the extent that they received
them, on a separate Federal Financial
Form (SF–425); and (3) record, on their
FFY 2022 Household Reports,
households that receive benefits at least
partly from these funds. State recipients
must also ensure that these funds are
included in the Grantee Survey sections
of their FFY 2022 LIHEAP Performance
Data Forms.
Statutory Authority: 42 U.S.C.
8626(b).
Karen D. Shields,
Senior Grants Policy Specialist, Office of
Grants Policy, Office of Administration.
[FR Doc. 2022–21296 Filed 9–29–22; 8:45 am]
BILLING CODE 4184–80–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Community Living
Agency Information Collection
Activities: Proposed Collection; Public
Comment Request; Traumatic Brain
Injury (TBI) State Partnership Program
Performance Measures (OMB Control
Number 0985–0066)
Administration for Community
Living, Department of Health and
Human Services.
ACTION: Notice.
AGENCY:
The Administration for
Community Living (ACL) is announcing
an opportunity for the public to
comment on the proposed collection of
information listed above. Under the
Paperwork Reduction Act of 1995
(PRA), Federal agencies are required to
publish a notice in the Federal Register
concerning each proposed collection of
SUMMARY:
E:\FR\FM\30SEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Notices]
[Pages 59438-59439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21296]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[CFDA Number: 93.568]
Proposed Reallotment of Fiscal Year 2021 Funds for the Low Income
Home Energy Assistance Program
AGENCY: Office of Community Services (OCS), Administration for Children
and Families (ACF), Department of Health and Human Services (HHS).
[[Page 59439]]
ACTION: Notice of public comment.
-----------------------------------------------------------------------
SUMMARY: The ACF, OCS, Division of Energy Assistance (DEA) announces a
preliminary determination that funds from the federal fiscal year (FFY)
2021 Low Income Home Energy Assistance Program (LIHEAP) are available
for reallotment to states, territories, tribes, and tribal
organizations that received FFY 2022 direct LIHEAP grants. The purpose
of this award is to redistribute FFY 2021 annual LIHEAP funds that
grant recipients were unable to obligate or carry over to FFY 2022. No
sub-recipients of these grant recipients or other entities may apply
for these funds.
DATES: Comments are due by: October 31, 2022.
ADDRESSES: Comments may be submitted to: Peter Edelman, Program
Analyst, Office of Community Services, Administration for Children and
Families, 330 C Street SW, 5th Floor; Mail Room 5425; Washington, DC
20201 or via email: [email protected]. Comments may also be
faxed to (202) 401-5661.
FOR FURTHER INFORMATION CONTACT: Akm Rahman, Program Operations Branch
Chief, Division of Energy Assistance, Office of Community Services, 330
C Street SW, 5th Floor; Mail Room 5425; Washington, DC 20201.
Telephone: (202) 401-5306; Email: [email protected].
SUPPLEMENTARY INFORMATION: After receiving Carryover and Reallotment
Reports from FFY 2021 LIHEAP recipients and reconciling the unobligated
funds on those reports with the respective Federal Financial Reports,
ACF has determined that $711,932 in FFY 2021 LIHEAP funds were
available for reallotment for FFY 2022. This determination is based on
the reports of 20 recipients, minor corrections to certain amounts
available for carryover, and the amounts of funds that these recipients
had in their Payment Management System (PMS) accounts. LIHEAP grant
recipients submitted the FFY 2021 Carryover and Reallotment Reports to
OCS, as required by regulations applicable to LIHEAP at 45 CFR
96.81(b).
The LIHEAP statute allows grant recipients who have funds
unobligated at the end of the federal fiscal year for which they are
awarded to request that they be allowed to carry over up to 10 percent
of their full-year allotments to the next federal fiscal year, (42
U.S.C. 8626(b)(2)). Funds in excess of this amount must be returned to
HHS and are subject to reallotment under 42 U.S.C. 8626(b)(1).
FFY 2021 funds appropriated under the American Rescue Plan Act of
2021 (Pub. L. 117-2) were not subject to 42 U.S.C. 8626(b)(2)(B), which
caps carryover at 10 percent. Therefore, these funds were not included
in the reallotment calculation.
In accordance with 42 U.S.C. 8626(b)(3), ACF notified each of the
20 grant recipients that reported $711,932 of unobligated funds above
their carryover caps. In these notices, ACF told each about the amount
it returned for de-obligation and the amount that will be redistributed
to FFY 2022 grant recipients as part of the reallotment. It also gave
each recipient 30 calendar days to provide comments directly to ACF.
If funds are reallotted, then they will be allocated in accordance
with 42 U.S.C. 8623 and must be treated by LIHEAP grant recipients that
receive them as an amount appropriated for FFY 2022. As FFY 2022 funds,
they will be subject to all requirements of the LIHEAP statute,
including 42 U.S.C. 8626(b)(2), which requires that a recipient
obligate at least 90 percent of its total block grant allocation for a
fiscal year by the end of the fiscal year for which the funds are
appropriated, that is, by September 30, 2022.
All LIHEAP grant recipients that receive a portion of these funds
will be notified of the final reallotment amount redistributed to them
for obligation in FFY 2022. This decision will also be published in the
Federal Register and in a Dear Colleague Letter that is posted to ACF's
website at https://www.acf.hhs.gov/ocs/resource/dear-colleagues.
The FFY 2021 LIHEAP funds that ACF preliminarily expects to become
available for reallotment determination come from the following grant
recipients in the following amounts:
------------------------------------------------------------------------
Amount
Name of grant recipient that reported funds to be available for
returned for reallotment reallotment
------------------------------------------------------------------------
Bishop Paiute Tribe..................................... $17,531
Colorado River Indian Tribes............................ 16,914
Cow Creek Band of Umpqua Tribe of Indians............... 7,302
Hopland Band of Pomo Indians............................ 1,755
Jicarilla Apache Nation................................. 16,873
Kalispel Tribe of Indians............................... 7,921
Little River Band of Ottawa Indians..................... 106,187
Makah Tribe............................................. 36,164
Muckleshoot Indian Tribe................................ 37,669
Nooksack Indian Tribe................................... 38,535
Oglala Sioux Tribe...................................... 268,413
Paiute Indian Tribe of Utah............................. 61,183
Pit River Tribe......................................... 9,255
Quileute Tribe.......................................... 1,673
Round Valley Indian Tribes.............................. 558
Sac and Fox Nation of Oklahoma.......................... 44,538
Samish Indian Nation.................................... 331
Shawnee Tribe........................................... 3,600
Spokane Tribe of Indians................................ 19,951
The Delaware Tribe of Indians........................... 15,579
---------------
Total................................................... 711,932
------------------------------------------------------------------------
If funds are reallotted, then grant recipients may use them for any
purpose authorized under LIHEAP and must add these funds to their total
LIHEAP funds payable for FFY 2022 for purposes of calculating statutory
caps on administrative costs, carryover, Assurance 16 activities, and
weatherization assistance.
Additionally, all recipients of these funds must (1) ensure that
they are included in the amounts on Lines 1.1 of their FFY 2022
Carryover and Reallotment Reports; (2) reconcile these funds, to the
extent that they received them, on a separate Federal Financial Form
(SF-425); and (3) record, on their FFY 2022 Household Reports,
households that receive benefits at least partly from these funds.
State recipients must also ensure that these funds are included in the
Grantee Survey sections of their FFY 2022 LIHEAP Performance Data
Forms.
Statutory Authority: 42 U.S.C. 8626(b).
Karen D. Shields,
Senior Grants Policy Specialist, Office of Grants Policy, Office of
Administration.
[FR Doc. 2022-21296 Filed 9-29-22; 8:45 am]
BILLING CODE 4184-80-P
