83 FR 32300 - Notice of Hearing: Reconsideration of Disapproval Washington Medicaid State Plan Amendment (SPA) 17-0027
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 83, Issue 134 (July 12, 2018)
Centers for Medicare & Medicaid Services
Federal Register Volume 83, Issue 134 (July 12, 2018)
| Page Range | 32300-32301 | |
| FR Document | 2018-14876 |
[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)] [Notices] [Pages 32300-32301] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14876] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Notice of Hearing: Reconsideration of Disapproval Washington Medicaid State Plan Amendment (SPA) 17-0027 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of hearing: Reconsideration of disapproval. ----------------------------------------------------------------------- SUMMARY: This notice announces an administrative hearing to be held on August 9, 2018, at the Department of Health and Human Services, Centers for Medicare & Medicaid Services, Division of Medicaid & Children's Health, Seattle Regional Office, 701 Fifth Avenue, Suite 1600, Seattle, WA 98104 to reconsider CMS' decision to disapprove Washington's Medicaid SPA 17-0027. DATES: Closing Date: Requests to participate in the hearing as a party must be received by the presiding officer by July 27, 2018. FOR FURTHER INFORMATION CONTACT: Benjamin R. Cohen, Presiding Officer, CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244, Telephone: (410) 786-3169. SUPPLEMENTARY INFORMATION: This notice announces an administrative hearing to reconsider CMS' decision to disapprove Washington's Medicaid state plan amendment (SPA) 17-0027, which was submitted to the Centers for Medicare & Medicaid Services (CMS) on August 22, 2017 and disapproved on May 14, 2018. This SPA requested CMS approval to add coverage and reimbursement of services provided by Dental Health Aide Therapists (DHATs) under the Other Licensed Practitioner (OLP) benefit. Specifically, SPA 17-0027 proposed the coverage and reimbursement of services provided by DHATs only when furnished in a practice setting within the boundaries of a tribal reservation and only when operated by an Indian health program, and proposed to make coverage of DHAT services available only to members of a federally recognized tribe or those otherwise eligible for services under Indian Health Service criteria. Washington would, therefore, not permit Medicaid beneficiaries to receive Medicaid coverage for DHAT services if they are not members of a federally recognized tribe or otherwise eligible for services under Indian Health Service criteria. The issues to be considered at the hearing are whether Washington SPA 17-0027 is inconsistent with the requirements of:Section 1902(a)(23) of the Social Security Act (the Act) because it would restrict access to services provided by a DHAT to a limited group of beneficiaries, and it would also prevent beneficiaries from receiving DHAT services from similarly qualified dental services providers that provide services outside the boundaries of a tribal reservation or that are not Indian health programs. Section 1902(a)(10)(A) of the Act because it was unclear whether DHATs must be supervised by a licensed professional consistent with the requirements of the OLP benefit, and because CMS was therefore unable to determine whether DHAT services are ``medical assistance'' consistent with 1902(a)(10)(A) and 1905 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 in the Federal Register a copy of the notice to a state Medicaid agency that informs the agency of the time and place of the hearing, and the issues to be considered. If we subsequently notify the state Medicaid agency of additional issues that will be considered at the hearing, we will also publish that notice in the Federal Register. Any individual or group that wants to participate in the hearing as a party must petition the presiding officer within 15 days after publication of this notice, in accordance with the requirements contained at 42 CFR 430.76(b)(2). Any interested person or organization that wants to participate as amicus curiae must petition the presiding officer before the hearing begins in accordance with the requirements contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the presiding officer will notify all participants. The notice to Washington announcing an administrative hearing to reconsider the disapproval of its SPA reads as follows: Ms. MaryAnne Lindeblad Director State of Washington, Health Care Authority 626 8th Avenue PO Box 45502 Olympia, WA 98504-5050 Dear Ms. Lindeblad: I am responding to your June 8, 2018 request for reconsideration of the decision to disapprove Washington's State Plan amendment (SPA) 17-0027. Washington SPA 17-0027 was submitted to the Centers for Medicare & Medicaid Services (CMS) on August 22, 2017, and disapproved on May 14, 2018. I am scheduling a hearing on your request for reconsideration to be held on August 9, 2018, at the Department of Health and Human Services, Centers for Medicare & Medicaid Services, Division of Medicaid & Children's Health, Seattle Regional Office, 701 Fifth Avenue, Suite 1600, Seattle, WA 98104. I am designating Mr. Benjamin R. Cohen as the presiding officer. If these arrangements present any problems, please contact Mr. Cohen at (410) 786-3169. In order to facilitate any communication that may be necessary between the parties prior to the hearing, please notify the presiding officer to [[Page 32301]] indicate acceptability of the hearing date that has been scheduled and provide names of the individuals who will represent the State at the hearing. If the hearing date is not acceptable, Mr. Cohen can set another date mutually agreeable to the parties. The hearing will be governed by the procedures prescribed by federal regulations at 42 CFR Part 430. This SPA requested CMS approval to add coverage and reimbursement of services provided by Dental Health Aide Therapists (DHATs) under the Other Licensed Practitioner (OLP) benefit. Specifically, SPA 17-0027 proposed the coverage and reimbursement of services provided by DHATs only when furnished in a practice setting within the boundaries of a tribal reservation and only when operated by an Indian health program, and proposed to make coverage of DHAT services available only to members of a federally recognized tribe or those otherwise eligible for services under Indian Health Service criteria. Washington would, therefore, not permit Medicaid beneficiaries to receive Medicaid coverage for DHAT services if they are not members of a federally recognized tribe or otherwise eligible for services under Indian Health Service criteria. The issues to be considered at the hearing are whether Washington SPA 17-0027 is inconsistent with the requirements of: Section 1902(a)(23) of the Social Security Act (the Act) because it would restrict access to services provided by a DHAT to a limited group of beneficiaries, and it would also prevent beneficiaries from receiving DHAT services from similarly qualified dental services providers that provide services outside the boundaries of a tribal reservation or that are not Indian health programs. Section 1902(a)(10)(A) of the Act because it was unclear whether DHATs must be supervised by a licensed professional consistent with the requirements of the OLP benefit, and because CMS was therefore unable to determine whether DHAT services are ``medical assistance'' consistent with 1902(a)(10)(A) and 1905 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. Sincerely, Seema Verma Administrator Section 1116 of the Social Security Act (42 U.S.C. section 1316; 42 CFR section 430.18) (Catalog of Federal Domestic Assistance program No. 13.714. Medicaid Assistance Program.) Dated: July 6, 2018. Seema Verma, Administrator, Centers for Medicare & Medicaid Services. [FR Doc. 2018-14876 Filed 7-6-18; 4:15 pm] BILLING CODE 4120-01-P
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ADDRESSES: Teleconference Number: 1– SUMMARY: This notice announces an must be supervised by a licensed
888–790–3409, passcode: 3250534. administrative hearing to be held on professional consistent with the
FOR FURTHER INFORMATION CONTACT: Erin August 9, 2018, at the Department of requirements of the OLP benefit, and
Stone, M.A., HICPAC, Division of Health and Human Services, Centers for because CMS was therefore unable to
Healthcare Quality Promotion, NCEZID, Medicare & Medicaid Services, Division determine whether DHAT services are
CDC, 1600 Clifton Road NE, Mailstop of Medicaid & Children’s Health, Seattle ‘‘medical assistance’’ consistent with
A–31, Atlanta, Georgia 30333; Regional Office, 701 Fifth Avenue, Suite 1902(a)(10)(A) and 1905 of the Act.
Telephone (404) 639–4045, Email: 1600, Seattle, WA 98104 to reconsider Section 1116 of the Act and federal
HICPAC@cdc.gov. CMS’ decision to disapprove regulations at 42 CFR part 430 establish
Washington’s Medicaid SPA 17–0027. Department procedures that provide an
SUPPLEMENTARY INFORMATION:
DATES: Closing Date: Requests to administrative hearing for
Purpose: The Committee is charged reconsideration of a disapproval of a
with providing advice and guidance to participate in the hearing as a party
must be received by the presiding state plan or plan amendment. CMS is
the Director, Division of Healthcare required to publish in the Federal
Quality Promotion (DHQP), the Director, officer by July 27, 2018.
FOR FURTHER INFORMATION CONTACT: Register a copy of the notice to a state
National Center for Emerging and Medicaid agency that informs the
Zoonotic Infectious Diseases (NCEZID), Benjamin R. Cohen, Presiding Officer,
CMS, 2520 Lord Baltimore Drive, Suite agency of the time and place of the
the Director, CDC, the Secretary, Health hearing, and the issues to be considered.
and Human Services regarding (1) the L, Baltimore, Maryland 21244,
Telephone: (410) 786–3169. If we subsequently notify the state
practice of healthcare infection Medicaid agency of additional issues
prevention and control; (2) strategies for SUPPLEMENTARY INFORMATION: This
notice announces an administrative that will be considered at the hearing,
surveillance, prevention, and control of we will also publish that notice in the
infections, antimicrobial resistance, and hearing to reconsider CMS’ decision to
disapprove Washington’s Medicaid state Federal Register.
related events in settings where Any individual or group that wants to
healthcare is provided; and (3) periodic plan amendment (SPA) 17–0027, which
was submitted to the Centers for participate in the hearing as a party
updating of CDC guidelines and other must petition the presiding officer
policy statements regarding prevention Medicare & Medicaid Services (CMS) on
August 22, 2017 and disapproved on within 15 days after publication of this
of healthcare-associated infections and notice, in accordance with the
healthcare-related conditions. May 14, 2018. This SPA requested CMS
approval to add coverage and requirements contained at 42 CFR
Matters to be Considered: The agenda 430.76(b)(2). Any interested person or
will include discussions on updates reimbursement of services provided by
Dental Health Aide Therapists (DHATs) organization that wants to participate as
from the guidelines for infection amicus curiae must petition the
prevention in healthcare personnel under the Other Licensed Practitioner
(OLP) benefit. Specifically, SPA 17– presiding officer before the hearing
workgroup and the guidelines for begins in accordance with the
infection prevention in patients of 0027 proposed the coverage and
reimbursement of services provided by requirements contained at 42 CFR
neonatal intensive care units 430.76(c). If the hearing is later
workgroup. Agenda items are subject to DHATs only when furnished in a
practice setting within the boundaries of rescheduled, the presiding officer will
change as priorities dictate. notify all participants.
The Director, Management Analysis a tribal reservation and only when
operated by an Indian health program, The notice to Washington announcing
and Services Office, has been delegated an administrative hearing to reconsider
the authority to sign Federal Register and proposed to make coverage of
DHAT services available only to the disapproval of its SPA reads as
notices pertaining to announcements of follows:
meetings and other committee members of a federally recognized tribe
management activities, for both the or those otherwise eligible for services Ms. MaryAnne Lindeblad
under Indian Health Service criteria. Director
Centers for Disease Control and
Washington would, therefore, not State of Washington, Health Care Authority
Prevention and the Agency for Toxic 626 8th Avenue PO Box 45502
Substances and Disease Registry. permit Medicaid beneficiaries to receive
Olympia, WA 98504–5050
Medicaid coverage for DHAT services if
Sherri A. Berger, they are not members of a federally Dear Ms. Lindeblad:
Chief Operating Officer, Centers for Disease recognized tribe or otherwise eligible for I am responding to your June 8, 2018
Control and Prevention. services under Indian Health Service request for reconsideration of the decision to
[FR Doc. 2018–14930 Filed 7–11–18; 8:45 am] criteria. disapprove Washington’s State Plan
BILLING CODE 4163–19–P The issues to be considered at the amendment (SPA) 17–0027. Washington SPA
17–0027 was submitted to the Centers for
hearing are whether Washington SPA
Medicare & Medicaid Services (CMS) on
17–0027 is inconsistent with the August 22, 2017, and disapproved on May
DEPARTMENT OF HEALTH AND requirements of: 14, 2018. I am scheduling a hearing on your
HUMAN SERVICES • Section 1902(a)(23) of the Social request for reconsideration to be held on
Security Act (the Act) because it would August 9, 2018, at the Department of Health
Centers for Medicare & Medicaid restrict access to services provided by a and Human Services, Centers for Medicare &
Services DHAT to a limited group of Medicaid Services, Division of Medicaid &
beneficiaries, and it would also prevent Children’s Health, Seattle Regional Office,
Notice of Hearing: Reconsideration of 701 Fifth Avenue, Suite 1600, Seattle, WA
beneficiaries from receiving DHAT
amozie on DSK3GDR082PROD with NOTICES1
Disapproval Washington Medicaid 98104.
services from similarly qualified dental
State Plan Amendment (SPA) 17–0027 I am designating Mr. Benjamin R. Cohen as
services providers that provide services the presiding officer. If these arrangements
AGENCY: Centers for Medicare & outside the boundaries of a tribal present any problems, please contact Mr.
Medicaid Services (CMS), HHS. reservation or that are not Indian health Cohen at (410) 786–3169. In order to
ACTION: Notice of hearing:
programs. facilitate any communication that may be
• Section 1902(a)(10)(A) of the Act necessary between the parties prior to the
Reconsideration of disapproval.
because it was unclear whether DHATs hearing, please notify the presiding officer to
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![Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Notices 32301
indicate acceptability of the hearing date that DEPARTMENT OF HEALTH AND designee from among authorities
has been scheduled and provide names of the HUMAN SERVICES knowledgeable in the fields of
individuals who will represent the State at toxicological research. Members will be
the hearing. If the hearing date is not Food and Drug Administration invited to serve for overlapping terms of
acceptable, Mr. Cohen can set another date up to 4 years. Almost all non-Federal
mutually agreeable to the parties. The [Docket No. FDA–2018–N–2642]
members of this Board serve as Special
hearing will be governed by the procedures Government Employees. The core of
prescribed by federal regulations at 42 CFR
Advisory Committee; Science Advisory
Board to the National Center for voting members may include one
Part 430.
Toxicological Research; Renewal technically qualified member, selected
This SPA requested CMS approval to add
by the Commissioner or designee, who
coverage and reimbursement of services AGENCY: Food and Drug Administration,
provided by Dental Health Aide Therapists
is identified with consumer interests
HHS. and is recommended by either a
(DHATs) under the Other Licensed
Practitioner (OLP) benefit. Specifically, SPA ACTION:Notice; renewal of advisory consortium of consumer-oriented
17–0027 proposed the coverage and committee. organizations or other interested
reimbursement of services provided by persons.
SUMMARY: The Food and Drug Further information regarding the
DHATs only when furnished in a practice
setting within the boundaries of a tribal
Administration (FDA) is announcing the most recent charter and other
reservation and only when operated by an renewal of the Science Advisory Board information can be found at https://
Indian health program, and proposed to make (the Board) to the National Center for www.fda.gov/AdvisoryCommittees/
coverage of DHAT services available only to Toxicological Research (NCTR) by the CommitteesMeetingMaterials/
members of a federally recognized tribe or Commissioner of Food and Drugs (the ToxicologicalResearch/ucm148166.htm
those otherwise eligible for services under Commissioner). The Commissioner has or by contacting the Designated Federal
Indian Health Service criteria. Washington determined that it is in the public Officer (see FOR FURTHER INFORMATION
would, therefore, not permit Medicaid interest to renew the Board to the NCTR CONTACT). In light of the fact that no
beneficiaries to receive Medicaid coverage for for an additional 2 years beyond the change has been made to the committee
DHAT services if they are not members of a charter expiration date. The new charter name or description of duties, no
federally recognized tribe or otherwise will be in effect until June 2, 2020. amendment will be made to 21 CFR
eligible for services under Indian Health DATES: Authority for the Board to the 14.100.
Service criteria. NCTR expired on June 2, 2018; This document is issued under the
The issues to be considered at the hearing Federal Advisory Committee Act (5
however, the Commissioner formally
are whether Washington SPA 17–0027 is U.S.C. app.). For general information
determined that renewal is in the public
inconsistent with the requirements of: related to FDA advisory committees,
• Section 1902(a)(23) of the Social Security
interest.
please check https://www.fda.gov/
Act (the Act) because it would restrict access FOR FURTHER INFORMATION CONTACT:
AdvisoryCommittees/default.htm.
to services provided by a DHAT to a limited Donna L. Mendrick, National Center for
group of beneficiaries, and it would also Toxicological Research, Food and Drug Dated: July 9, 2018.
prevent beneficiaries from receiving DHAT Administration, 10903 New Hampshire Leslie Kux,
services from similarly qualified dental Ave., Bldg. 32, Rm. 2208, Silver Spring, Associate Commissioner for Policy.
services providers that provide services MD 20993–0002, 301–796–8892, [FR Doc. 2018–14943 Filed 7–11–18; 8:45 am]
outside the boundaries of a tribal reservation donna.mendrick@fda.hhs.gov. BILLING CODE 4164–01–P
or that are not Indian health programs. SUPPLEMENTARY INFORMATION: Pursuant
• Section 1902(a)(10)(A) of the Act because
to 41 CFR 102–3.65 and approval by the
it was unclear whether DHATs must be DEPARTMENT OF HEALTH AND
Department of Health and Human
supervised by a licensed professional HUMAN SERVICES
consistent with the requirements of the OLP
Services pursuant to 45 CFR part 11 and
benefit, and because CMS was therefore by the General Services Administration,
Food and Drug Administration
unable to determine whether DHAT services FDA is announcing the renewal of the
are ‘‘medical assistance’’ consistent with Board to the NCTR. The Board is a [Docket No. FDA–2018–N–2565]
1902(a)(10)(A) and 1905 of the Act. discretionary Federal advisory
In the event that CMS and the State come committee established to provide advice Advisory Committee;
to agreement on resolution of the issues to the Commissioner. The Board to the Psychopharmacologic Drugs Advisory
which formed the basis for disapproval, this NCTR advises the Commissioner or Committee; Renewal
SPA may be moved to approval prior to the designee in discharging responsibilities AGENCY: Food and Drug Administration,
scheduled hearing. as they relate to helping to ensure safe HHS.
Sincerely, and effective drugs for human use and, ACTION:Notice; renewal of advisory
as required, any other product for which committee.
Seema Verma FDA has regulatory responsibility. The
Administrator Board advises the NCTR Director in SUMMARY: The Food and Drug
Section 1116 of the Social Security Act (42 establishing, implementing, and Administration (FDA) is announcing the
U.S.C. section 1316; 42 CFR section 430.18) evaluating the research programs that renewal of the Psychopharmacologic
(Catalog of Federal Domestic Assistance assist the Commissioner in fulfilling Drugs Advisory Committee by the
program No. 13.714. Medicaid Assistance regulatory responsibilities. The Board Commissioner of Food and Drugs (the
Program.) provides an extra-agency review in Commissioner). The Commissioner has
amozie on DSK3GDR082PROD with NOTICES1
ensuring that the research programs at determined that it is in the public
Dated: July 6, 2018.
NCTR are scientifically sound and interest to renew the
Seema Verma, pertinent. Psychopharmacologic Drugs Advisory
Administrator, Centers for Medicare & The Board shall consist of a core of Committee for an additional 2 years
Medicaid Services. nine voting members including the beyond the charter expiration date. The
[FR Doc. 2018–14876 Filed 7–6–18; 4:15 pm] Chair. Members and the Chair are new charter will be in effect until June
BILLING CODE 4120–01–P selected by the Commissioner or 4, 2020.
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Document Created: 2018-11-06 10:22:35
Document Modified: 2018-11-06 10:22:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of hearing: Reconsideration of disapproval. | |
| Dates | Closing Date: Requests to participate in the hearing as a party must be received by the presiding officer by July 27, 2018. | |
| Contact | Benjamin R. Cohen, Presiding Officer, CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244, Telephone: (410) 786-3169. | |
| FR Citation | 83 FR 32300 |
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