81_FR_8236 81 FR 8204 - Information Collection; New Funding Formula for the State Councils on Developmental Disabilities (SCDDs) and Protection and Advocacy Systems (P&As) Located in Each State and Territory

81 FR 8204 - Information Collection; New Funding Formula for the State Councils on Developmental Disabilities (SCDDs) and Protection and Advocacy Systems (P&As) Located in Each State and Territory

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Community Living

Federal Register Volume 81, Issue 32 (February 18, 2016)

Page Range8204-8205
FR Document2016-03276

The Administration on Intellectual and Developmental Disabilities (AIDD) within the Administration on Disabilities (AoD), located within the Administration for Community Living (ACL) at the United States Department of Health and Human Services (HHS), is soliciting comments from the public on the New Funding Formula for the State Councils on Developmental Disabilities (SCDDs) and Protection and Advocacy Systems (P&As) located in each State and Territory.

Federal Register, Volume 81 Issue 32 (Thursday, February 18, 2016)
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8204-8205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03276]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Community Living


Information Collection; New Funding Formula for the State 
Councils on Developmental Disabilities (SCDDs) and Protection and 
Advocacy Systems (P&As) Located in Each State and Territory

AGENCY: Administration on Intellectual and Developmental Disabilities 
(AIDD), Administration on Disabilities (AoD), Administration for 
Community Living (ACL), Department of Health and Human Services (HHS), 
HHS.

ACTION: Notice of guidance.

-----------------------------------------------------------------------

SUMMARY: The Administration on Intellectual and Developmental 
Disabilities (AIDD) within the Administration on Disabilities (AoD), 
located within the Administration for Community Living (ACL) at the 
United States Department of Health and Human Services (HHS), is 
soliciting comments from the public on the New Funding Formula for the 
State Councils on Developmental Disabilities (SCDDs) and Protection and 
Advocacy Systems (P&As) located in each State and Territory.

[[Page 8205]]


DATES: To ensure consideration comments must be received no later than 
March 21, 2016.

ADDRESSES: The revised formula is described below and a table 
demonstrating the effects of the revised formula on allocations to 
States based on the FY 2016 appropriations can be found at the Web 
site: http://www.acl.gov/About_ACL/Allocations/DD-Act.aspx. Please 
email comments to [email protected]. Emailed comments are 
preferred, but comments may be submitted via mail to: Andrew Morris, 
Office of the Commissioner, Administration on Disabilities, U.S. 
Department of Health and Human Services, 330 C St. SW., Washington, DC 
20201. Please note comments sent through the mail must be received by 
the close of business on the date the comment period closes or they 
will not be considered. Also, please note that we are only accepting 
comments related to the new formula and will not respond to comments on 
other subjects submitted through this process.

FOR FURTHER INFORMATION CONTACT: Andrew Morris, Office of the 
Commissioner, Administration on Disabilities, 330 C St. SW., 
Washington, DC 20201. Telephone (202) 795-7408. Email 
[email protected]. Please note the telephone number is not toll 
free. This document will be made available in alternative formats upon 
request. Written correspondence can be sent to Administration for 
Community Living, U.S. Department of Health and Human Services, 330 C 
St. SW., Washington, DC 20201.

SUPPLEMENTARY INFORMATION:

Background

    The Developmental Disabilities Assistance and Bill of Rights Act of 
2000 (P.L. 106-402) (DD Act) provides, among other things, formula 
grants to States for the purpose of operating State Councils on 
Developmental Disabilities and Protection & Advocacy Systems for People 
with Developmental Disabilities. The DD Act provides authority and 
flexibility in Section 122 to AIDD to determine the formula for 
allocating annual grant awards using three statutory factors for 
determining each state's funding amount. These factors are:

1. Total population of the state/territory
2. Need for services for people with DD in the state/territory
3. Financial need of the state/territory

    The current formula is out of date. For example, the current 
formula uses the best data points available in the 1970s/1980s for 
determining need for services and financial need. These data are now 
outdated and severely undercount the population of individuals with 
developmental disabilities. The updated formula is believed to be more 
clear, concise, transparent, and consistent with Congress' intent to 
provide funds to states based on greatest need.
    In addition to the formula, the DD Act prescribes minimum 
allotments for states with small populations and territories (Puerto 
Rico is not considered a territory under the DD Act). About half of the 
states receive a minimum allotment. The DD Act also requires adjusting 
(increasing) the minimum allotment amounts if certain criteria are met. 
After minimum allotments are met, the remaining appropriations are 
allocated using the formula.
    Finally, the Act requires a hold-harmless for the State DD Councils 
that was passed as an amendment to the DD Act in 2003, P.L. 108-154. 
Through this hold-harmless clause, SCDD awards are based on the award 
amount from the previous year, FY 2000, FY 2001, or FY 2002, whichever 
is highest. If there are not enough funds available to fully fund all 
of the awards, the SCDDs then receive an equal percent reduction. It is 
important to note that a new formula may not immediately impact the 
SCDDs due to the hold harmless clause. The new formula would impact the 
SCDDs only when appropriations rise to such a level that all SCDDs 
would receive an increase in allotments above the previous fiscal 
year's award level.

Methodology

    AIDD convened a workgroup of researchers, retired SCDD and P&A 
directors, national associations, and AIDD staff in the spring of 2015 
and held four meetings over a two month period. The workgroup reviewed 
the three elements required for the formula and discussed each, 
identifying potential data sources for each element in cooperation with 
the HHS Assistant Secretary for Policy and Evaluation (ASPE). The 
workgroup discussed the strengths and challenges of the different data 
and based on these discussions provided recommendations to AIDD. In 
addition, the workgroup worked with the Grants Management Office at ACL 
to test the impact of different scenarios.

Revised Formula

    Beginning in FY 2017, AIDD's State DD Councils and P&A grants will 
use a new formula to distribute funds after meeting statutory minimums 
and hold-harmless requirements:
    1. State/Territory Population (30%): Based on July Census figures 
released in August of each year.
    2. Need for services (30%): Based on a 1.58 percent prevalence rate 
for developmental disabilities in each State and Territory from the HHS 
National Health Interview Survey on Disability (NHIS-D).
    In determining the need for services, the workgroup discussed using 
data sources such as Medicaid and the Individuals with Disabilities 
Education Act; concluding that these data are unreliable because each 
State determines program eligibility and reporting requirements 
differently. The prevalence rate for developmental disabilities of 1.58 
percent was established by the Federal government in the early 1990s 
through the NHIS-D and is still the most current prevalence rate 
available that meets the definition of Developmental Disabilities per 
the DD Act.
    3. Financial need (40%): Use a combination of poverty (20%) and 
unemployment rates (20%) from July of each calendar year.
    The workgroup thought it was best to use a combination of a State/
Territory's poverty and unemployment rates because it best reflects the 
economic status of a State/Territory and, thus, their financial need.

Request for Comments

    This notice invites public comment on the new formula for the SCDD 
and P&A annual awards. We seek diverse perspectives including, but not 
limited to, that of grantees, technical assistance providers, and 
advocates, as well as federal agencies and for-profit and not-for-
profit stakeholders. The comments will be important factors in 
finalizing the formula.
    Privacy Act Notification Statement: Responses to this guidance 
notice are voluntary. Respondents are advised that the Government is 
under no obligation to acknowledge receipt of the information received 
or provide feedback to respondents with respect to any information 
submitted. No proprietary, classified, confidential, or sensitive 
information should be included in your response.

    Dated: February 11, 2016.
Aaron Bishop,
Commissioner, Administration on Disabilities.
[FR Doc. 2016-03276 Filed 2-17-16; 8:45 am]
 BILLING CODE 4154-01-P



                                                  8204                                 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices

                                                                                                                         ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                                                                 Average
                                                                                                                                                                                                              Number of
                                                                                                                                                                                            Number of                          burden per
                                                                     Type of respondent                                                         Form name                                                   responses per
                                                                                                                                                                                           respondents                          response
                                                                                                                                                                                                              respondent        (in hours)

                                                  Clinic Data Manager .......................................            Project clinic characteristics form ..................                       10                3                 30/60
                                                  Pharmacist ......................................................      Project pharmacy characteristics form ...........                            10                3                 30/60
                                                  Clinic Data Manager .......................................            *Patient Demographic Information form .........                              10              100                  5/60
                                                  Clinic Data Manager .......................................            *Initial patient information form ......................                     10              100                     1
                                                  Clinic Data Manager .......................................            Quarterly patient information form .................                         10              400                 30/60
                                                  Pharmacist ......................................................      Pharmacy record abstraction form .................                           10              400                 30/60
                                                  Key informants ................................................        Interviewer data collection worksheet ............                           60                2                 30/60
                                                  Project staff (pharmacists) ..............................             Staff communication questionnaire ................                           30                2                 30/60
                                                  Project staff (medical providers) .....................                Staff communication questionnaire for med-                                   40                2                 30/60
                                                                                                                            ical providers.
                                                  Clinic staff .......................................................   Clinic cost form ..............................................              20                 2                  10
                                                  Pharmacy staff ................................................        Pharmacy cost form .......................................                   20                 2                  10



                                                  Leroy A. Richardson,                                                    Medicare Enrollment and Appeals                                     For the reason explained above, the
                                                  Chief, Information Collection Review Office,                            Group, Center for Medicare.                                       following routine use is added to
                                                  Office of Scientific Integrity, Office of the                                                                                             Enrollment Data Base (EDB), System No.
                                                  Associate Director for Science, Office of the                           DATES:  Effective Dates: The new routine
                                                                                                                                                                                            09–70–0502:
                                                  Director, Centers for Disease Control and                               use described in this notice will become
                                                  Prevention.                                                             effective without further notice 30 days                             11. To the IRS for the purposes of reporting
                                                                                                                          after publication of this notice in the                           Medicare Part A enrollment information and
                                                  [FR Doc. 2016–03304 Filed 2–17–16; 8:45 am]                                                                                               to provide statements to the individual
                                                  BILLING CODE 4163–18–P
                                                                                                                          Federal Register, unless comments are                             enrollees with respect to whom information
                                                                                                                          received that warrant revisions to this                           is reported to the IRS.
                                                                                                                          Notice. Written comments should be
                                                  DEPARTMENT OF HEALTH AND                                                submitted within 30 days.                                         Celeste Dade-Vinson,
                                                  HUMAN SERVICES                                                                                                                            Health Insurance Specialist, Centers for
                                                                                                                          ADDRESSES:   The public should address                            Medicare & Medicaid Services.
                                                                                                                          comments to: CMS Privacy Officer,
                                                  Centers for Medicare & Medicaid                                                                                                           [FR Doc. 2016–03241 Filed 2–17–16; 8:45 am]
                                                                                                                          Division of Security, Privacy Policy and
                                                  Services                                                                                                                                  BILLING CODE 4120–03–P
                                                                                                                          Governance, Information Security and
                                                  Privacy Act of 1974; Report of a New                                    Privacy Group, Office of Enterprise
                                                  Routine Use for a CMS System of                                         Information, CMS, 7500 Security                                   DEPARTMENT OF HEALTH AND
                                                  Records                                                                 Boulevard, Baltimore, MD 21244–1870,                              HUMAN SERVICES
                                                                                                                          Mailstop: N 1–24–08, Office: (410) 786–
                                                  AGENCY:  Centers for Medicare &                                         5357 or via email: walter.stone@                                  Administration for Community Living
                                                  Medicaid Services (CMS), Department                                     cms.hhs.gov. Comments received will be
                                                  of Health and Human Services (HHS).                                     available for review at this location, by                         Information Collection; New Funding
                                                                                                                          appointment, during regular business                              Formula for the State Councils on
                                                  ACTION: Altered System Notice, Adding                                   hours, Monday through Friday from                                 Developmental Disabilities (SCDDs)
                                                  a New Routine Use for a CMS System                                      9:00 a.m.–3:00 p.m., Eastern Time zone.                           and Protection and Advocacy Systems
                                                  of Records.                                                                                                                               (P&As) Located in Each State and
                                                                                                                          FOR FURTHER INFORMATION CONTACT:                                  Territory
                                                  SUMMARY:   In accordance with the                                       Roland Herrera, Health Insurance
                                                  requirements of the Privacy Act of 1974                                 Specialist, Division of Medicare                                  AGENCY: Administration on Intellectual
                                                  (5 U.S.C. 552a), CMS is adding a new                                    Enrollment Coordination, Medicare                                 and Developmental Disabilities (AIDD),
                                                  routine use to the existing system of                                   Enrollment and Appeals Group, CMS                                 Administration on Disabilities (AoD),
                                                  records titled Enrollment Data Base                                     Center for Medicare, 7500 Security                                Administration for Community Living
                                                  (EDB), System No. 09–70–0502, last                                      Boulevard, Mail Stop C2–12–16,                                    (ACL), Department of Health and
                                                  modified 73 Federal Register 10249                                      Baltimore, MD 21244, Office phone:                                Human Services (HHS), HHS.
                                                  (February 26, 2008), to assist with                                     410.786.0668, Facsimile: 443.380.5418,                            ACTION: Notice of guidance.
                                                  transmitting data to the Internal                                       Email: roland.herrara@cms.hhs.gov.
                                                                                                                                                                                            SUMMARY:   The Administration on
                                                  Revenue Service (IRS) for 10958                                         SUPPLEMENTARY INFORMATION:     CMS is                             Intellectual and Developmental
                                                  processing.                                                             required to produce reports and                                   Disabilities (AIDD) within the
                                                     The new routine use will authorize                                   statements of enrollment in Medicare                              Administration on Disabilities (AoD),
                                                  CMS to disclose information maintained                                  Part A to confirm enrollment in                                   located within the Administration for
                                                  in the system ‘‘to the IRS for the                                      minimum essential coverage under                                  Community Living (ACL) at the United
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                                                  purposes of reporting Medicare Part A                                   Section 6055 of the Affordable Care Act.                          States Department of Health and Human
                                                  enrollment information and to provide                                   The enrollment information must be                                Services (HHS), is soliciting comments
                                                  statements to the individual enrollees                                  provided to the IRS for tax                                       from the public on the New Funding
                                                  with respect to whom information is                                     administration purposes to enable the                             Formula for the State Councils on
                                                  reported to the IRS. Disclosures made                                   IRS to properly assess tax returns filed                          Developmental Disabilities (SCDDs) and
                                                  pursuant to the routine use will be                                     to ensure that Medicare Part A Enrollees                          Protection and Advocacy Systems
                                                  coordinated through CMS’ Division of                                    are not assessed a tax penalty for not                            (P&As) located in each State and
                                                  Medicare Enrollment Coordination,                                       beenrolled in health care coverage.                               Territory.


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                                                                              Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices                                                 8205

                                                  DATES:   To ensure consideration                        outdated and severely undercount the                    2. Need for services (30%): Based on
                                                  comments must be received no later                      population of individuals with                        a 1.58 percent prevalence rate for
                                                  than March 21, 2016.                                    developmental disabilities. The updated               developmental disabilities in each State
                                                  ADDRESSES: The revised formula is                       formula is believed to be more clear,                 and Territory from the HHS National
                                                  described below and a table                             concise, transparent, and consistent                  Health Interview Survey on Disability
                                                  demonstrating the effects of the revised                with Congress’ intent to provide funds                (NHIS–D).
                                                  formula on allocations to States based                  to states based on greatest need.
                                                                                                                                                                  In determining the need for services,
                                                  on the FY 2016 appropriations can be                       In addition to the formula, the DD Act
                                                                                                                                                                the workgroup discussed using data
                                                  found at the Web site: http://www.acl.                  prescribes minimum allotments for
                                                                                                                                                                sources such as Medicaid and the
                                                  gov/About_ACL/Allocations/DD-                           states with small populations and
                                                  Act.aspx. Please email comments to                      territories (Puerto Rico is not considered            Individuals with Disabilities Education
                                                  AIDDformula@acl.hhs.gov. Emailed                        a territory under the DD Act). About half             Act; concluding that these data are
                                                  comments are preferred, but comments                    of the states receive a minimum                       unreliable because each State
                                                  may be submitted via mail to: Andrew                    allotment. The DD Act also requires                   determines program eligibility and
                                                  Morris, Office of the Commissioner,                     adjusting (increasing) the minimum                    reporting requirements differently. The
                                                  Administration on Disabilities, U.S.                    allotment amounts if certain criteria are             prevalence rate for developmental
                                                  Department of Health and Human                          met. After minimum allotments are met,                disabilities of 1.58 percent was
                                                  Services, 330 C St. SW., Washington, DC                 the remaining appropriations are                      established by the Federal government
                                                  20201. Please note comments sent                        allocated using the formula.                          in the early 1990s through the NHIS–D
                                                  through the mail must be received by                       Finally, the Act requires a hold-                  and is still the most current prevalence
                                                  the close of business on the date the                   harmless for the State DD Councils that               rate available that meets the definition
                                                  comment period closes or they will not                  was passed as an amendment to the DD                  of Developmental Disabilities per the
                                                  be considered. Also, please note that we                Act in 2003, P.L. 108–154. Through this               DD Act.
                                                  are only accepting comments related to                  hold-harmless clause, SCDD awards are                   3. Financial need (40%): Use a
                                                  the new formula and will not respond                    based on the award amount from the                    combination of poverty (20%) and
                                                  to comments on other subjects                           previous year, FY 2000, FY 2001, or FY                unemployment rates (20%) from July of
                                                  submitted through this process.                         2002, whichever is highest. If there are              each calendar year.
                                                  FOR FURTHER INFORMATION CONTACT:                        not enough funds available to fully fund
                                                  Andrew Morris, Office of the                            all of the awards, the SCDDs then                       The workgroup thought it was best to
                                                  Commissioner, Administration on                         receive an equal percent reduction. It is             use a combination of a State/Territory’s
                                                  Disabilities, 330 C St. SW., Washington,                important to note that a new formula                  poverty and unemployment rates
                                                  DC 20201. Telephone (202) 795–7408.                     may not immediately impact the SCDDs                  because it best reflects the economic
                                                  Email andrew.morris@acl.hhs.gov.                        due to the hold harmless clause. The                  status of a State/Territory and, thus,
                                                  Please note the telephone number is not                 new formula would impact the SCDDs                    their financial need.
                                                  toll free. This document will be made                   only when appropriations rise to such a
                                                                                                                                                                Request for Comments
                                                  available in alternative formats upon                   level that all SCDDs would receive an
                                                  request. Written correspondence can be                  increase in allotments above the                        This notice invites public comment
                                                  sent to Administration for Community                    previous fiscal year’s award level.                   on the new formula for the SCDD and
                                                  Living, U.S. Department of Health and                                                                         P&A annual awards. We seek diverse
                                                                                                          Methodology
                                                  Human Services, 330 C St. SW.,                                                                                perspectives including, but not limited
                                                  Washington, DC 20201.                                      AIDD convened a workgroup of                       to, that of grantees, technical assistance
                                                  SUPPLEMENTARY INFORMATION:                              researchers, retired SCDD and P&A                     providers, and advocates, as well as
                                                                                                          directors, national associations, and
                                                  Background                                                                                                    federal agencies and for-profit and not-
                                                                                                          AIDD staff in the spring of 2015 and
                                                                                                                                                                for-profit stakeholders. The comments
                                                     The Developmental Disabilities                       held four meetings over a two month
                                                  Assistance and Bill of Rights Act of                    period. The workgroup reviewed the                    will be important factors in finalizing
                                                  2000 (P.L. 106–402) (DD Act) provides,                  three elements required for the formula               the formula.
                                                  among other things, formula grants to                   and discussed each, identifying                         Privacy Act Notification Statement:
                                                  States for the purpose of operating State               potential data sources for each element               Responses to this guidance notice are
                                                  Councils on Developmental Disabilities                  in cooperation with the HHS Assistant                 voluntary. Respondents are advised that
                                                  and Protection & Advocacy Systems for                   Secretary for Policy and Evaluation                   the Government is under no obligation
                                                  People with Developmental Disabilities.                 (ASPE). The workgroup discussed the                   to acknowledge receipt of the
                                                  The DD Act provides authority and                       strengths and challenges of the different             information received or provide
                                                  flexibility in Section 122 to AIDD to                   data and based on these discussions                   feedback to respondents with respect to
                                                  determine the formula for allocating                    provided recommendations to AIDD. In                  any information submitted. No
                                                  annual grant awards using three                         addition, the workgroup worked with                   proprietary, classified, confidential, or
                                                  statutory factors for determining each                  the Grants Management Office at ACL to                sensitive information should be
                                                  state’s funding amount. These factors                   test the impact of different scenarios.               included in your response.
                                                  are:
                                                                                                          Revised Formula                                         Dated: February 11, 2016.
                                                  1. Total population of the state/territory
                                                                                                            Beginning in FY 2017, AIDD’s State                  Aaron Bishop,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  2. Need for services for people with DD
                                                       in the state/territory                             DD Councils and P&A grants will use a                 Commissioner, Administration on
                                                  3. Financial need of the state/territory                new formula to distribute funds after                 Disabilities.
                                                     The current formula is out of date. For              meeting statutory minimums and hold-                  [FR Doc. 2016–03276 Filed 2–17–16; 8:45 am]
                                                  example, the current formula uses the                   harmless requirements:                                BILLING CODE 4154–01–P
                                                  best data points available in the 1970s/                  1. State/Territory Population (30%):
                                                  1980s for determining need for services                 Based on July Census figures released in
                                                  and financial need. These data are now                  August of each year.


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Document Created: 2016-02-18 07:46:50
Document Modified: 2016-02-18 07:46:50
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 guidance.
DatesTo ensure consideration comments must be received no later than March 21, 2016.
ContactAndrew Morris, Office of the Commissioner, Administration on Disabilities, 330 C St. SW., Washington, DC 20201. Telephone (202) 795-7408. Email [email protected] Please note the telephone number is not toll free. This document will be made available in alternative formats upon request. Written correspondence can be sent to Administration for Community Living, U.S. Department of Health and Human Services, 330 C St. SW., Washington, DC 20201.
FR Citation81 FR 8204 

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