80_FR_37393 80 FR 37268 - Notice of Hearing: Reconsideration of Disapproval Texas Medicaid State Plan Amendment (SPA) 14-25

80 FR 37268 - Notice of Hearing: Reconsideration of Disapproval Texas Medicaid State Plan Amendment (SPA) 14-25

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Centers for Medicare and Medicaid Services

Federal Register Volume 80, Issue 125 (June 30, 2015)

Page Range37268-37269
FR Document2015-16098

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

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015) 
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37268-37269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16098]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Centers for Medicare and Medicaid Services


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

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

ACTION: Notice of Hearing: Reconsideration of Disapproval.

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

FOR FURTHER INFORMATION CONTACT: Benjamin R. Cohen, Presiding Officer, 
CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244; 
Telephone: (410) 786-3169.

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

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

    Section 1116 of the Act and federal regulations at 42 CFR part 430, 
establish Department procedures that provide an administrative hearing 
for reconsideration of a disapproval of a state plan or plan amendment. 
CMS is required to publish a copy of the notice

[[Page 37269]]

to a state Medicaid agency that informs the agency of the time and 
place of the hearing, and the issues to be considered. If we 
subsequently notify the agency of additional issues that will be 
considered at the hearing, we will also publish that notice.
    Any individual or group that wants to participate in the hearing as 
a party must petition the presiding officer within 15 days after 
publication of this notice, in accordance with the requirements 
contained at 42 CFR 430.76(b)(2). Any interested person or organization 
that wants to participate as amicus curiae must petition the presiding 
officer before the hearing begins in accordance with the requirements 
contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the 
presiding officer will notify all participants.
    The notice to Texas announcing an administrative hearing to 
reconsider the disapproval of its SPA reads as follows:

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

Dear Ms. Ghahremani:

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

Sincerely,

Andrew M. Slavitt

cc: Benjamin R. Cohen

Section 1116 of the Social Security Act (42 U.S.C. 1316; 42 CFR 
430.18) (Catalog of Federal Domestic Assistance program No. 13.714. 
Medicaid Assistance Program.)

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

37268 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices ESTIMATED ANNUALIZED BURDEN HOURS—Continued Average Number of Number of burden per Total burden Type of respondents Form name responses per respondents response (in hours) respondent (in hours) Medical/Clinical Laboratory Tech- Hemovigilance Module Annual Sur- 500 1 2 1,000 nologist. vey. Medical/Clinical Laboratory Tech- Hemovigilance Module Monthly Re- 500 12 1/60 100 nologist. porting Plan. Medical/Clinical Laboratory Tech- Hemovigilance Module Monthly Re- 500 12 1 6,000 nologist. porting Denominators. Medical/Clinical Laboratory Tech- Hemovigilance Adverse Reaction .... 500 48 15/60 6,000 nologist. Medical/Clinical Laboratory Tech- Hemovigilance Incident .................... 500 10 10/60 833 nologist. Staff RN ............................................ Patient Safety Component—Annual 5,000 1 5/60 417 Facility Survey for Ambulatory Surgery Center (ASC). Staff RN ............................................ Outpatient Procedure Component— 5,000 12 15/60 15,000 Monthly Reporting Plan. Staff RN ............................................ Outpatient Procedure Component 5,000 25 40/60 83,333 Event. Staff RN ............................................ Outpatient Procedure Component— 5,000 12 40/60 40,000 Monthly Denominators and Sum- mary. Registered Nurse (Infection Outpatient Dialysis Center Practices 6,500 1 2.0 13,000 Preventionist). Survey. Staff RN ............................................ Dialysis Monthly Reporting Plan ...... 6,500 12 5/60 6,500 Staff RN ............................................ Dialysis Event ................................... 6,500 60 25/60 162,500 Staff RN ............................................ Denominators for Dialysis Event 6,500 12 10/60 13,000 Surveillance. Staff RN ............................................ Prevention Process Measures 1,500 12 1.25 22,500 Monthly Monitoring for Dialysis. Staff RN ............................................ Dialysis Patient Influenza Vaccina- 325 75 10/60 4,063 tion. Staff RN ............................................ Dialysis Patient Influenza Vaccina- 325 5 10/60 271 tion Denominator. Total ........................................... ........................................................... ........................ ........................ ........................ 4,861,542 Maryam I. Daneshvar, Health, Dallas Regional Office, 1301 dually-eligible for Medicare and Deputy Director, Office of Scientific Integrity, Young Street, Room 714, Dallas, TX Medicaid that exceeds the Medicaid Office of the Associate Director for Science, 75202, to reconsider CMS’ decision to allowable cost for the service provided Office of the Director, Centers for Disease disapprove Texas’ Medicaid SPA 14–25. to the recipient. This exclusion would Control and Prevention. Closing Date: Requests to participate permit the state to make Medicaid DSH [FR Doc. 2015–16028 Filed 6–29–15; 8:45 am] in the hearing as a party must be payments that are above and beyond BILLING CODE 4163–18–P received by the presiding officer by July hospitals’ reported uncompensated 15, 2015. costs of providing services to Medicaid FOR FURTHER INFORMATION CONTACT: and uninsured individuals. DEPARTMENT OF HEALTH AND Benjamin R. Cohen, Presiding Officer, The issue to be considered at the HUMAN SERVICES (HHS) CMS, 2520 Lord Baltimore Drive, Suite hearing is: L, Baltimore, Maryland 21244; Centers for Medicare and Medicaid • Whether Texas SPA 14–25 is Telephone: (410) 786–3169. inconsistent with Medicaid DSH Services SUPPLEMENTARY INFORMATION: This requirements of sections 1902(a)(13)(A)(iv) Notice of Hearing: Reconsideration of notice announces an administrative and 1923 of the Social Security Act (Act) Disapproval Texas Medicaid State Plan hearing to reconsider CMS’ decision to because it would provide for payment to Amendment (SPA) 14–25 disapprove Texas’ Medicaid SPA 14–25, disproportionate share hospitals of amounts which was submitted to the Centers for that exceed the hospital’s uncompensated AGENCY: Centers for Medicare and Medicare and Medicaid Services (CMS) costs which cannot be considered consistent Medicaid Services (CMS), HHS. with DSH requirements pursuant to the on August 26, 2014 and disapproved on hospital-specific limit under section April 7, 2015. In part, this SPA asabaliauskas on DSK5VPTVN1PROD with NOTICES ACTION: Notice of Hearing: 1923(g)(1) of the Act. Reconsideration of Disapproval. requested CMS approval to revise the methodology for calculating the Section 1116 of the Act and federal SUMMARY: This notice announces an hospital-specific limit for the regulations at 42 CFR part 430, establish administrative hearing to be held on Disproportionate Share Hospital (DSH) Department procedures that provide an August 6, 2015, at the Department of program. Specifically, SPA 14–25 administrative hearing for Health and Human Services, Centers for proposed to exclude from the reconsideration of a disapproval of a Medicare and Medicaid Services, calculation, the portion of a Medicare state plan or plan amendment. CMS is Division of Medicaid & Children’s payment for an individual who is required to publish a copy of the notice VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1

Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices 37269 to a state Medicaid agency that informs exclusion would permit the state to make Products’’ has been approved by the the agency of the time and place of the Medicaid DSH payments that are above and Office of Management and Budget hearing, and the issues to be considered. beyond hospitals’ reported uncompensated (OMB) under the Paperwork Reduction costs of providing services to Medicaid and If we subsequently notify the agency of Act of 1995. uninsured individuals. additional issues that will be considered The issue to be considered at the hearing FOR FURTHER INFORMATION CONTACT: FDA at the hearing, we will also publish that is: PRA Staff, Office of Operations, Food notice. • Whether Texas SPA 14–25 is and Drug Administration, 8455 Any individual or group that wants to inconsistent with Medicaid DSH Colesville Rd., COLE–14526, Silver participate in the hearing as a party requirements at sections 1902(a)(13)(A)(iv) Spring, MD 20993–0002, PRAStaff@ must petition the presiding officer and 1923 of the Social Security Act (Act) fda.hhs.gov. within 15 days after publication of this because it would provide for payment to notice, in accordance with the disproportionate share hospitals of amounts SUPPLEMENTARY INFORMATION: On requirements contained at 42 CFR that exceed the hospital’s uncompensated February 10, 2015, the Agency 430.76(b)(2). Any interested person or costs which cannot be considered consistent submitted a proposed collection of with DSH requirements pursuant to the information entitled, ‘‘Export organization that wants to participate as hospital-specific limit under section amicus curiae must petition the Certificates for FDA Regulated 1923(g)(1) of the Act. Products’’ to OMB for review and presiding officer before the hearing In the event that CMS and the State come begins in accordance with the to agreement on resolution of the issues clearance under 44 U.S.C. 3507. An requirements contained at 42 CFR which formed the basis for disapproval, this Agency may not conduct or sponsor, 430.76(c). If the hearing is later SPA may be moved to approval prior to the and a person is not required to respond rescheduled, the presiding officer will scheduled hearing. I am responding to your to, a collection of information unless it notify all participants. request for reconsideration of the decision to displays a currently valid OMB control The notice to Texas announcing an disapprove Texas’ Medicaid state plan number. OMB has now approved the amendment (SPA) 14–025, which was information collection and has assigned administrative hearing to reconsider the submitted to the Centers for Medicare and OMB control number 0910–0498. The disapproval of its SPA reads as follows: Medicaid Services (CMS) on August 26, approval expires on March 31, 2018. A Ms. Kay Ghahremani 2014, and disapproved on April 7, 2015. I am scheduling a hearing on your request for copy of the supporting statement for this State Medicaid/CHIP Director Health and Human Services Commission reconsideration to be held on August 6, 2015, information collection is available on Post Office Box 13247 at the Department of Health and Human the Internet at http://www.reginfo.gov/ Mail Code H100 Services, Centers for Medicare and Medicaid public/do/PRAMain. Austin, TX 78711 Services, Division of Medicaid & Children’s Dated: June 25, 2015. Dear Ms. Ghahremani: Health, Dallas Regional Office, 1301 Young Leslie Kux, Street, Room 714, Dallas, TX 75202. I am responding to your request for Associate Commissioner for Policy. reconsideration of the decision to disapprove Sincerely, [FR Doc. 2015–16023 Filed 6–29–15; 8:45 am] Texas’ State Plan amendment (SPA) 14–25, Andrew M. Slavitt BILLING CODE 4164–01–P which was submitted to the Centers for cc: Benjamin R. Cohen Medicare & Medicaid Services (CMS) on August 26, 2014, and disapproved on April Section 1116 of the Social Security Act (42 7, 2015. I am scheduling a hearing on your U.S.C. 1316; 42 CFR 430.18) (Catalog of DEPARTMENT OF HEALTH AND request for reconsideration to be held on Federal Domestic Assistance program No. HUMAN SERVICES August 6, 2015, at the Department of Health 13.714. Medicaid Assistance Program.) and Human Services, Centers for Medicare & Food and Drug Administration Dated: June 24, 2015. Medicaid Services, Division of Medicaid & [Docket No. FDA–2009–N–0025] Children’s Health, Dallas Regional Office, Andrew M. Slavitt, 1301 Young Street, Room 714, Dallas, TX Acting Administrator, Centers for Medicare Agency Information Collection 75202. & Medicaid Services. Activities; Submission for Office of I am designating Mr. Benjamin R. Cohen as [FR Doc. 2015–16098 Filed 6–29–15; 8:45 am] Management and Budget Review; the presiding officer. If these arrangements BILLING CODE 4120–01–P present any problems, please contact Mr. Comment Request; Animal Food Cohen at (410) 786–3169. In order to Labeling; Declaration of Certifiable facilitate any communication that may be Color Additives DEPARTMENT OF HEALTH AND necessary between the parties prior to the hearing, please notify the presiding officer to HUMAN SERVICES AGENCY: Food and Drug Administration, indicate acceptability of the hearing date that HHS. has been scheduled and provide names of the Food and Drug Administration ACTION: Notice. individuals who will represent the State at [Docket No. FDA–2010–N–0161] the hearing. If the hearing date is not SUMMARY: The Food and Drug acceptable, Mr. Cohen can set another date Agency Information Collection Administration (FDA) is announcing mutually agreeable to the parties. The Activities; Announcement of Office of that a proposed collection of hearing will be governed by the procedures Management and Budget Approval; information has been submitted to the prescribed by federal regulations at 42 CFR Office of Management and Budget part 430. Export Certificates for Food and Drug Administration Regulated Products (OMB) for review and clearance under In part, this SPA requested CMS approval asabaliauskas on DSK5VPTVN1PROD with NOTICES to revise the methodology for calculating the the Paperwork Reduction Act of 1995. AGENCY: Food and Drug Administration, hospital-specific limit for the DATES: Fax written comments on the HHS. Disproportionate Share Hospital (DSH) collection of information by July 30, program. Specifically, SPA 14–25 proposed ACTION: Notice. 2015. to exclude from the calculation, the portion of a Medicare payment for an individual who SUMMARY: The Food and Drug ADDRESSES: To ensure that comments on is dually-eligible for Medicare and Medicaid Administration (FDA) is announcing the information collection are received, that exceeds the Medicaid allowable cost for that a collection of information entitled, OMB recommends that written the service provided to the recipient. This ‘‘Export Certificates for FDA Regulated comments be faxed to the Office of VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1


Document Created: 2018-02-22 11:17:01
Document Modified: 2018-02-22 11:17:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Hearing: Reconsideration of Disapproval.
DatesRequests to participate in the hearing as a party must be received by the presiding officer by July 15, 2015.
ContactBenjamin R. Cohen, Presiding Officer, CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244; Telephone: (410) 786-3169.
FR Citation80 FR 37268 
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