80_FR_22732 80 FR 22654 - Eligibility in the States, District of Columbia, the Northern Mariana Islands, and American Samoa

80 FR 22654 - Eligibility in the States, District of Columbia, the Northern Mariana Islands, and American Samoa

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range22654-22655
FR Document2015-09487

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015)
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Rules and Regulations]
[Pages 22654-22655]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09487]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 435


Eligibility in the States, District of Columbia, the Northern 
Mariana Islands, and American Samoa

CFR Correction

    In Title 42 of the Code of Federal Regulations, Parts 430 to 481, 
revised as of October 1, 2014, on page 198, in Sec.  435.912, revise 
paragraphs (a) and (b); redesignate paragraphs (c), (d), and (e) as 
paragraphs (e), (f), and (g), respectively; and add new paragraphs (c) 
and (d) to read as follows:


Sec.  435.912   Timely determination of eligibility. [Corrected]

    (a) For purposes of this section--
    (1) ``Timeliness standards'' refer to the maximum period of time in 
which every applicant is entitled to a determination

[[Page 22655]]

of eligibility, subject to the exceptions in paragraph (e) of this 
section.
    (2) ``Performance standards'' are overall standards for determining 
eligibility in an efficient and timely manner across a pool of 
applicants, and include standards for accuracy and consumer 
satisfaction, but do not include standards for an individual 
applicant's determination of eligibility.
    (b) Consistent with guidance issued by the Secretary, the agency 
must establish in its State plan timeliness and performance standards 
for, promptly and without undue delay--
    (1) Determining eligibility for Medicaid for individuals who submit 
applications to the single State agency or its designee.
    (2) Determining potential eligibility for, and transferring 
individuals' electronic accounts to, other insurance affordability 
programs pursuant to Sec.  435.1200(e) of this part.
    (3) Determining eligibility for Medicaid for individuals whose 
accounts are transferred from other insurance affordability programs, 
including at initial application as well as at a regularly-scheduled 
renewal or due to a change in circumstances.
    (c)(1) The timeliness and performance standards adopted by the 
agency under paragraph (b) of this section must cover the period from 
the date of application or transfer from another insurance 
affordability program to the date the agency notifies the applicant of 
its decision or the date the agency transfers the individual to another 
insurance affordability program in accordance with Sec.  435.1200(e) of 
this part, and must comply with the requirements of paragraph (c)(2) of 
this section, subject to additional guidance issued by the Secretary to 
promote accountability and consistency of high quality consumer 
experience among States and between insurance affordability programs.
    (2) Timeliness and performance standards included in the State plan 
must account for--
    (i) The capabilities and cost of generally available systems and 
technologies;
    (ii) The general availability of electronic data matching and ease 
of connections to electronic sources of authoritative information to 
determine and verify eligibility;
    (iii) The demonstrated performance and timeliness experience of 
State Medicaid, CHIP and other insurance affordability programs, as 
reflected in data reported to the Secretary or otherwise available; and
    (iv) The needs of applicants, including applicant preferences for 
mode of application (such as through an internet Web site, telephone, 
mail, in-person, or other commonly available electronic means), as well 
as the relative complexity of adjudicating the eligibility 
determination based on household, income or other relevant information.
    (3) Except as provided in paragraph (e) of this section, the 
determination of eligibility for any applicant may not exceed--
    (i) Ninety days for applicants who apply for Medicaid on the basis 
of disability; and
    (ii) Forty-five days for all other applicants.
    (d) The agency must inform applicants of the timeliness standards 
adopted in accordance with this section.
* * * * *
[FR Doc. 2015-09487 Filed 4-22-15; 8:45 am]
BILLING CODE 1505-01-D



                                              22654              Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations

                                              V. Conclusion                                           have a substantial direct effect on States            pyridinyl]carbonyl]bicyclo[3.2.1]oct-3-
                                                Therefore, tolerances are established                 or tribal governments, on the                         en-2-one), including its metabolites and
                                              for residues of the herbicide                           relationship between the national                     degradates, in or on the commodities in
                                              bicyclopyrone in or on corn, field,                     government and the States or tribal                   the table below. Compliance with the
                                              forage at 0.30 ppm; corn, field, grain at               governments, or on the distribution of                tolerance levels specified below is to be
                                              0.02 ppm; corn, field, stover at 0.40                   power and responsibilities among the                  determined by measuring only the sum
                                              ppm; corn, pop, grain at 0.02 ppm; corn,                various levels of government or between               of the common moieties SYN503780 (2-
                                              pop, stover at 0.40 ppm; corn, sweet,                   the Federal Government and Indian                     [(2-methoxyethoxy)methyl]-6-
                                              forage at 0.40 ppm; corn, sweet, kernel                 tribes. Thus, the Agency has determined               (trifluoromethyl)-3-pyridinecarboxylic
                                              plus cob with husks removed at 0.03                     that Executive Order 13132, entitled                  acid) and CSCD686480 (2-[(2-
                                              ppm; corn, sweet, stover at 0.70 ppm;                   ‘‘Federalism’’ (64 FR 43255, August 10,               hydroxyethoxy)methyl]-6-
                                              sugarcane, cane at 0.02 ppm; cattle,                    1999) and Executive Order 13175,                      (trifluoromethyl)-3-pyridinecarboxylic
                                              meat byproducts at 1.5 ppm; goat, meat                  entitled ‘‘Consultation and Coordination              acid), calculated as the stoichiometric
                                              byproducts at 1.5 ppm; sheep, meat                      with Indian Tribal Governments’’ (65 FR               equivalent of bicyclopyrone, in or on
                                              byproducts at 1.5 ppm; horse, meat                      67249, November 9, 2000) do not apply                 the commodities.
                                              byproducts at 1.5 ppm; and hog, meat                    to this action. In addition, this action
                                                                                                      does not impose any enforceable duty or                                                                 Parts per
                                              byproducts at 0.15 ppm                                                                                                        Commodity                          million
                                                                                                      contain any unfunded mandate as
                                              VI. Statutory and Executive Order                       described under Title II of the Unfunded               Corn, field, forage .........................         0.30
                                              Reviews                                                 Mandates Reform Act (UMRA) (2 U.S.C.                   Corn, field, grain ...........................        0.02
                                                 This action establishes tolerances                   1501 et seq.).                                         Corn, field, stover .........................         0.40
                                              under FFDCA section 408(d) in                              This action does not involve any                    Corn, pop, grain ............................         0.02
                                              response to a petition submitted to the                 technical standards that would require                 Corn, pop, stover ..........................          0.40
                                              Agency. The Office of Management and                    Agency consideration of voluntary                      Corn, sweet, forage ......................            0.40
                                              Budget (OMB) has exempted these types                   consensus standards pursuant to section                Corn, sweet, kernel plus cob with
                                                                                                      12(d) of the National Technology                         husks removed ..........................            0.03
                                              of actions from review under Executive                                                                         Corn, sweet, stover ......................            0.70
                                              Order 12866, entitled ‘‘Regulatory                      Transfer and Advancement Act
                                                                                                      (NTTAA) (15 U.S.C. 272 note).                          Sugarcane, cane 1 ........................            0.02
                                              Planning and Review’’ (58 FR 51735,                                                                            Cattle, meat byproducts ...............               1.5
                                              October 4, 1993). Because this action                   VII. Congressional Review Act                          Goat, meat byproducts .................               1.5
                                              has been exempted from review under                                                                            Sheep, meat byproducts ..............                 1.5
                                                                                                        Pursuant to the Congressional Review                 Horse, meat byproducts ...............                1.5
                                              Executive Order 12866, this action is
                                                                                                      Act (5 U.S.C. 801 et seq.), EPA will                   Hog, meat byproducts ..................               0.15
                                              not subject to Executive Order 13211,
                                                                                                      submit a report containing this rule and
                                              entitled ‘‘Actions Concerning                                                                                   1 There are no U.S. Registrations on Sugar-
                                                                                                      other required information to the U.S.
                                              Regulations That Significantly Affect                                                                         cane as of March 13, 2015.
                                                                                                      Senate, the U.S. House of
                                              Energy Supply, Distribution, or Use’’ (66                                                                         (2) [Reserved].
                                                                                                      Representatives, and the Comptroller
                                              FR 28355, May 22, 2001) or Executive                                                                              (b) [Reserved].
                                                                                                      General of the United States prior to
                                              Order 13045, entitled ‘‘Protection of
                                                                                                      publication of the rule in the Federal                [FR Doc. 2015–09482 Filed 4–22–15; 8:45 am]
                                              Children from Environmental Health
                                                                                                      Register. This action is not a ‘‘major                BILLING CODE 6560–50–P
                                              Risks and Safety Risks’’ (62 FR 19885,
                                                                                                      rule’’ as defined by 5 U.S.C. 804(2).
                                              April 23, 1997). This action does not
                                              contain any information collections                     List of Subjects in 40 CFR Part 180
                                              subject to OMB approval under the                                                                             DEPARTMENT OF HEALTH AND
                                                                                                        Environmental protection,
                                              Paperwork Reduction Act (PRA) (44                                                                             HUMAN SERVICES
                                                                                                      Administrative practice and procedure,
                                              U.S.C. 3501 et seq.), nor does it require               Agricultural commodities, Pesticides
                                              any special considerations under                                                                              Centers for Medicare & Medicaid
                                                                                                      and pests, Reporting and recordkeeping                Services
                                              Executive Order 12898, entitled                         requirements.
                                              ‘‘Federal Actions to Address
                                              Environmental Justice in Minority                        Dated: April 17, 2015.                               42 CFR Part 435
                                              Populations and Low-Income                              William Jordan,
                                                                                                      Acting Director, Office of Pesticide Programs.
                                                                                                                                                            Eligibility in the States, District of
                                              Populations’’ (59 FR 7629, February 16,                                                                       Columbia, the Northern Mariana
                                              1994).                                                    Therefore, 40 CFR chapter I is                      Islands, and American Samoa
                                                 Since tolerances and exemptions that                 amended as follows:
                                              are established on the basis of a petition                                                                    CFR Correction
                                              under FFDCA section 408(d), such as                     PART 180—[AMENDED]                                       In Title 42 of the Code of Federal
                                              the tolerance in this final rule, do not                                                                      Regulations, Parts 430 to 481, revised as
                                              require the issuance of a proposed rule,                ■ 1. The authority citation for part 180
                                                                                                      continues to read as follows:                         of October 1, 2014, on page 198, in
                                              the requirements of the Regulatory                                                                            § 435.912, revise paragraphs (a) and (b);
                                              Flexibility Act (RFA) (5 U.S.C. 601 et                      Authority: 21 U.S.C. 321(q), 346a and 371.        redesignate paragraphs (c), (d), and (e)
                                              seq.), do not apply.                                    ■ 2. Add § 180.682 to subpart C to read               as paragraphs (e), (f), and (g),
                                                 This action directly regulates growers,              as follows:                                           respectively; and add new paragraphs
                                              food processors, food handlers, and food                                                                      (c) and (d) to read as follows:
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                                              retailers, not States or tribes, nor does               § 180.682 Bicyclopyrone; tolerances for
                                              this action alter the relationships or                  residues.                                             § 435.912 Timely determination of
                                              distribution of power and                                  (a) General. (1) Tolerances are                    eligibility. [Corrected]
                                              responsibilities established by Congress                established for residues of the herbicide               (a) For purposes of this section—
                                              in the preemption provisions of FFDCA                   bicyclopyrone (4-hydroxy-3-[[2-[(2-                     (1) ‘‘Timeliness standards’’ refer to the
                                              section 408(n)(4). As such, the Agency                  methoxyethoxy)methyl]-6-                              maximum period of time in which every
                                              has determined that this action will not                (trifluoromethyl)-3-                                  applicant is entitled to a determination


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                                                                 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations                                         22655

                                              of eligibility, subject to the exceptions               internet Web site, telephone, mail, in-               SUMMARY:    NMFS is prohibiting directed
                                              in paragraph (e) of this section.                       person, or other commonly available                   fishing for pollock in Statistical Area
                                                 (2) ‘‘Performance standards’’ are                    electronic means), as well as the relative            630 in the Gulf of Alaska (GOA). This
                                              overall standards for determining                       complexity of adjudicating the                        action is necessary to prevent exceeding
                                              eligibility in an efficient and timely                  eligibility determination based on                    the B season allowance of the 2015 total
                                              manner across a pool of applicants, and                 household, income or other relevant                   allowable catch of pollock for Statistical
                                              include standards for accuracy and                      information.                                          Area 630 in the GOA.
                                              consumer satisfaction, but do not                          (3) Except as provided in paragraph                DATES: Effective 1200 hrs, Alaska local
                                              include standards for an individual                     (e) of this section, the determination of             time (A.l.t.), April 20, 2015, through
                                              applicant’s determination of eligibility.               eligibility for any applicant may not                 1200 hrs, A.l.t., June 1, 2015.
                                                 (b) Consistent with guidance issued                  exceed—                                               FOR FURTHER INFORMATION CONTACT: Josh
                                              by the Secretary, the agency must                          (i) Ninety days for applicants who
                                                                                                                                                            Keaton, 907–586–7228.
                                              establish in its State plan timeliness and              apply for Medicaid on the basis of
                                                                                                                                                            SUPPLEMENTARY INFORMATION: NMFS
                                              performance standards for, promptly                     disability; and
                                              and without undue delay—                                   (ii) Forty-five days for all other                 manages the groundfish fishery in the
                                                 (1) Determining eligibility for                      applicants.                                           GOA exclusive economic zone
                                              Medicaid for individuals who submit                        (d) The agency must inform                         according to the Fishery Management
                                              applications to the single State agency                 applicants of the timeliness standards                Plan for Groundfish of the Gulf of
                                              or its designee.                                        adopted in accordance with this section.              Alaska (FMP) prepared by the North
                                                 (2) Determining potential eligibility                *       *    *     *     *                            Pacific Fishery Management Council
                                              for, and transferring individuals’                      [FR Doc. 2015–09487 Filed 4–22–15; 8:45 am]
                                                                                                                                                            under authority of the Magnuson-
                                              electronic accounts to, other insurance                                                                       Stevens Fishery Conservation and
                                                                                                      BILLING CODE 1505–01–D
                                              affordability programs pursuant to                                                                            Management Act. Regulations governing
                                              § 435.1200(e) of this part.                                                                                   fishing by U.S. vessels in accordance
                                                 (3) Determining eligibility for                                                                            with the FMP appear at subpart H of 50
                                                                                                      DEPARTMENT OF TRANSPORTATION                          CFR part 600 and 50 CFR part 679.
                                              Medicaid for individuals whose
                                              accounts are transferred from other                     National Highway Traffic Safety                          The B season allowance of the 2015
                                              insurance affordability programs,                       Administration                                        total allowable catch (TAC) of pollock in
                                              including at initial application as well                                                                      Statistical Area 630 of the GOA is 4,800
                                              as at a regularly-scheduled renewal or                  49 CFR Part 572                                       metric tons (mt) as established by the
                                              due to a change in circumstances.                                                                             final 2015 and 2016 harvest
                                                 (c)(1) The timeliness and performance                Anthropomorphic Test Devices                          specifications for groundfish of the (80
                                              standards adopted by the agency under                                                                         FR 10250, February 25, 2015) and
                                              paragraph (b) of this section must cover                CFR Correction                                        inseason adjustment (80 FR 16996,
                                              the period from the date of application                   In Title 49 of the Code of Federal                  March 31, 2015).
                                              or transfer from another insurance                      Regulations, Parts 572 to 999, revised as                In accordance with § 679.20(d)(1)(i),
                                              affordability program to the date the                   of October 1, 2014, on page 160, in                   the Regional Administrator has
                                              agency notifies the applicant of its                    § 572.198, reinstate paragraph (b)(10) to             determined that the B season allowance
                                              decision or the date the agency transfers               read as follows:                                      of the 2015 TAC of pollock in Statistical
                                              the individual to another insurance                                                                           Area 630 of the GOA will soon be
                                                                                                      § 572.198    Pelvis acetabulum.                       reached. Therefore, the Regional
                                              affordability program in accordance
                                              with § 435.1200(e) of this part, and must               *      *    *   *     *                               Administrator is establishing a directed
                                              comply with the requirements of                            (b) * * *                                          fishing allowance of 4,300 mt and is
                                              paragraph (c)(2) of this section, subject                  (10) The dummy’s pelvis is impacted                setting aside the remaining 500 mt as
                                              to additional guidance issued by the                    at the acetabulum at 6.7 ± 0.1 m/s.                   bycatch to support other anticipated
                                              Secretary to promote accountability and                 *      *    *   *     *                               groundfish fisheries. In accordance with
                                              consistency of high quality consumer                    [FR Doc. 2015–09488 Filed 4–22–15; 8:45 am]           § 679.20(d)(1)(iii), the Regional
                                              experience among States and between                     BILLING CODE 1505–01–D                                Administrator finds that this directed
                                              insurance affordability programs.                                                                             fishing allowance has been reached.
                                                 (2) Timeliness and performance                                                                             Consequently, NMFS is prohibiting
                                              standards included in the State plan                    DEPARTMENT OF COMMERCE                                directed fishing for pollock in Statistical
                                              must account for—                                                                                             Area 630 of the GOA.
                                                 (i) The capabilities and cost of                     National Oceanic and Atmospheric                         After the effective date of this closure
                                              generally available systems and                         Administration                                        the maximum retainable amounts at
                                              technologies;                                                                                                 § 679.20(e) and (f) apply at any time
                                                 (ii) The general availability of                     50 CFR Part 679                                       during a trip.
                                              electronic data matching and ease of                    [Docket No. 140918791–4999–02]                        Classification
                                              connections to electronic sources of
                                              authoritative information to determine                  RIN 0648–XD908                                           This action responds to the best
                                              and verify eligibility;                                                                                       available information recently obtained
                                                 (iii) The demonstrated performance                   Fisheries of the Exclusive Economic                   from the fishery. The Assistant
                                              and timeliness experience of State                      Zone Off Alaska; Pollock in Statistical               Administrator for Fisheries, NOAA
rljohnson on DSK7TPTVN1PROD with RULES




                                              Medicaid, CHIP and other insurance                      Area 630 in the Gulf of Alaska                        (AA), finds good cause to waive the
                                              affordability programs, as reflected in                 AGENCY:  National Marine Fisheries                    requirement to provide prior notice and
                                              data reported to the Secretary or                       Service (NMFS), National Oceanic and                  opportunity for public comment
                                              otherwise available; and                                Atmospheric Administration (NOAA),                    pursuant to the authority set forth at 5
                                                 (iv) The needs of applicants,                        Commerce.                                             U.S.C. 553(b)(B) as such requirement is
                                              including applicant preferences for                                                                           impracticable and contrary to the public
                                                                                                      ACTION: Temporary rule; closure.
                                              mode of application (such as through an                                                                       interest. This requirement is


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Document Created: 2015-12-16 08:41:21
Document Modified: 2015-12-16 08:41:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
FR Citation80 FR 22654 

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