83_FR_63101 83 FR 62867 - Proposed Data Collection Submitted for Public Comment and Recommendations

83 FR 62867 - Proposed Data Collection Submitted for Public Comment and Recommendations

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62867-62869
FR Document2018-26351

The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies the opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection project titled National Surveillance of Community Water Systems and Corresponding Populations with the Recommended Fluoridation Level. This surveillance collects the fluoridation status of the nation's approximately 52,000 community water systems (CWS) which serve the 50 states and the District of Columbia. It also collects fluoride level testing data for those CWS which adjust naturally occurring fluoride levels. The data are analyzed and published to inform the public and to support state and local governments' efforts to monitor community water fluoridation levels relative to the US Public Health Service recommended level to prevent tooth decay.

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62867-62869]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26351]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[60Day-19-19DO; Docket No. CDC-2018-0108]


Proposed Data Collection Submitted for Public Comment and 
Recommendations

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Notice with comment period.

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

SUMMARY: The Centers for Disease Control and Prevention (CDC), as part 
of its continuing effort to reduce public burden and maximize the 
utility of government information, invites the general public and other 
Federal agencies the opportunity to comment on a proposed and/or 
continuing information collection, as required by the Paperwork 
Reduction Act of 1995. This notice invites comment on a proposed 
information collection project titled National Surveillance of 
Community Water Systems and Corresponding Populations with the 
Recommended Fluoridation Level. This surveillance collects the 
fluoridation status of the nation's approximately 52,000 community 
water systems (CWS) which serve the 50 states and the District of 
Columbia. It also collects fluoride level testing data for those CWS 
which adjust naturally occurring fluoride levels. The data are analyzed 
and published to inform the public and to support state and local 
governments' efforts to monitor community water fluoridation levels 
relative to the US Public Health Service recommended level to prevent 
tooth decay.

DATES: CDC must receive written comments on or before February 4, 2019.

ADDRESSES: You may submit comments, identified by Docket No. CDC-2018-
0108 by any of the following methods:
     Federal eRulemaking Portal: Regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Jeffrey M. Zirger, Acting Lead, Information 
Collection Review Office, Centers for Disease Control and Prevention, 
1600 Clifton Road NE, MS-D74, Atlanta, Georgia 30329.
    Instructions: All submissions received must include the agency name 
and Docket Number. CDC will post, without change, all relevant comments 
to Regulations.gov.
    Please note: Submit all comments through the Federal eRulemaking 
portal (regulations.gov) or by U.S. mail to the address listed above.

FOR FURTHER INFORMATION CONTACT: To request more information on the 
proposed project or to obtain a copy of the information collection plan 
and instruments, contact Jeffrey M. Zirger, Information Collection 
Review Office, Centers for Disease Control and Prevention, 1600 Clifton 
Road NE, MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: 
[email protected].

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from 
the Office of Management and Budget (OMB) for each collection of 
information they conduct or sponsor. In addition, the PRA also requires 
Federal agencies to provide a 60-day notice in the Federal Register 
concerning each proposed collection of information, including each new 
proposed collection, each proposed extension of existing collection of 
information, and each reinstatement of previously approved information 
collection before submitting the collection to the OMB for approval. To 
comply with this requirement, we are

[[Page 62868]]

publishing this notice of a proposed data collection as described 
below.
    The OMB is particularly interested in comments that will help:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.
    5. Assess information collection costs.

Proposed Project

    National Surveillance of Community Water Systems and Corresponding 
Populations with the Recommended Fluoridation Level--Existing 
Collection in use without an OMB Control Number--National Center for 
Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for 
Disease Control and Prevention (CDC).

Background and Brief Description

    Dental caries is one of the most common chronic diseases throughout 
the lifespan in the United States, and disproportionately affects 
populations with low socioeconomic status, and racial and ethnic 
minority populations. Dental caries can lead to infection and 
diminished quality of life, and cause substantial societal cost due to 
absence from school and work, as well as expensive treatments.
    Naturally occurring fluoride is found in all surface and ground 
water sources, but typically is lower than the recommended 
concentration needed to prevent dental caries (tooth decay). Community 
water fluoridation is the process of adjusting the fluoride 
concentration of a community water system (CWS) to the level beneficial 
for prevention of dental caries as recommended by the US Public Health 
Service (PHS). CDC monitors CWS fluoride levels relative to the PHS 
recommended level under the Public Health Service Act. In 2000, CDC 
launched a Web-based data management tool--Water Fluoridation Reporting 
Systems (WFRS) in collaboration with the Association of State and 
Territorial Dental Directors. States may report their information to 
CDC using WFRS or via email.
    Respondents to the information collection are state fluoridation 
managers or other state government officials designated by the state 
dental director or drinking water administrator. State participation in 
the data collection is voluntary. Respondents are asked to update 
fluoridation status of, and counties and populations served by, each 
CWS in their state annually. All 50 states respond to this portion of 
the collection. Washington DC is not included in the data collection 
because water is supplied by a CWS from Virginia and therefore Virginia 
will collect data. Historically collected natural fluoride 
concentrations are available in WFRS for all CWS; once collected, they 
rarely change over time. Respondents also are asked to enter the high, 
low, and average fluoride testing level data annually for each month 
for their fluoride-adjusted CWS. Currently, two-thirds of the states 
respond to this portion of the collection.
    CDC analyzes and publishes results through interactive, public-
facing web pages: (1) Biennial surveillance reports documenting the 
percentage of the population with fluoridated water at national, state, 
and local levels; and (2) My Water's Fluoride, which publishes the 
fluoridation status of individual CWS and some fluoride level data for 
states which choose to display it. CDC uses the information collection 
to (1) provide national fluoridation surveillance reports; (2) assist 
states manage their fluoride level data and monitor and improve quality 
of community water fluoridation programs; (3) measure national 
performance toward the fluoridation Healthy People objective; (4) 
evaluate outcomes of CDC's cooperative agreements with states; (5) 
facilitate creation of state-specific reports for states' programmatic 
and policy use. The information collection is also used to inform 
health care providers to determine targeted delivery of preventive 
care, for example, determining use of fluoride supplements for children 
living in fluoride-deficient areas.
    CDC's collection of CWS data is not duplicative of any other 
federal collection, including the US Environmental Protection Agency's 
(EPA) Safe Drinking Water Information System (SDWIS), as SDWIS receives 
state reports of CWS fluoride levels that exceed 4 mg/L but not those 
near the beneficial level of 0.7 mg/L recommended for dental caries 
prevention by the PHS. Thus, CDC's system is required to assess the 
degree to which the nation is reaching this PHS-recommended level.
    The total estimated annualized burden hours are 2,824, including 
(1) 1,900 hours for the validation or update of CWS fluoridation status 
and population served from 50 respondents, with estimated average 
burden hours of 38 per respondent; and (2) 924 hours for the annual 
entry of fluoride testing level data for fluoride-adjusted CWS 
conducted by 33 respondents with an estimated average burden of 28 
hours per respondent. WFRS will be hosted and maintaineded by CDC. 
There are no maintenance costs to respondents, and there are no costs 
to respondents other than their time.

                                        Estimated Annualized Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Average burden
      Type of respondents           Form name        Number of     responses per   per response    Total burden
                                                    respondents     respondent      (in hours)      (in hours)
----------------------------------------------------------------------------------------------------------------
State Official................  Fluoridation                  50               1              38           1,900
                                 status and
                                 population.
State Official................  Fluoride testing              33               1              28             924
                                 data.
                                                 ---------------------------------------------------------------
    Total.....................  ................  ..............  ..............  ..............           2,824
----------------------------------------------------------------------------------------------------------------



[[Page 62869]]

Jeffrey M. Zirger,
Acting Lead, Information Collection Review Office, Office of Scientific 
Integrity, Office of Science, Centers for Disease Control and 
Prevention (CDC).
[FR Doc. 2018-26351 Filed 12-4-18; 8:45 am]
 BILLING CODE 4163-18-P



                                                                                 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                                                                                 62867

                                               system to monitor and guide                                                • Serve as a resource to NCEH when                                         burden, age groups, geographic areas
                                               participating state health departments.                                 addressing congressional, departmental                                        and other variables of interest.
                                               Since implementation in 2010, AIRS                                      and institutional inquiries.                                                    • Provide feedback to the grantees
                                               and the technical assistance provided by                                   • Help the branch align its current                                        about their performance relative to
                                               CDC staff have provided states with                                     interventions with CDC goals and                                              others through the distribution of two
                                               uniform data reporting methods and                                      allowed the monitoring of progress                                            written reports and several
                                               linkages to other states’ asthma program                                toward these goals.                                                           presentations (webinar and in-person)
                                               information and resources. Thus, AIRS                                                                                                                 summarizing the results.
                                                                                                                          • Allow the NACP and the state                                               • Customize and provide technical
                                               has saved state resources and staff time                                asthma programs to make more
                                               when asthma programs embark on                                                                                                                        assistance and support materials to
                                                                                                                       informed decisions about activities to                                        address implementation challenges.
                                               asthma activities similar to those done                                 achieve objectives.
                                               elsewhere.                                                                                                                                              There will be no cost to respondents
                                                                                                                          • Facilitate communication about                                           other than their time to complete the
                                                  In the past three years, AIRS data                                   interventions across states, and enable                                       three AIRS spreadsheets annually. The
                                               were used to:                                                           inquiries regarding interventions by                                          estimated annualized burden hours are
                                                                                                                       populations with a disproportionate                                           89.
                                                                                                                      ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                                                                 Average
                                                                                                                                                                                                   Number of
                                                                                                                                                                        Number of                                              burden per              Total burden
                                                         Type of respondents                                                Form name                                                            responses per
                                                                                                                                                                       respondents                                              response                (in hours)
                                                                                                                                                                                                   respondent                   (in hours)

                                               State Asthma Program Awardees ....                       AIRS Performance Measures Re-                                                     25                          1                  150/60                  63
                                                                                                          porting Spreadsheets.
                                                                                                        AIRS Emergency Department Visits                                                 25                           1                    30/60                 13
                                                                                                          Reporting Form.
                                                                                                        AIRS Hospital Discharge Reporting                                                25                            1                   30/60                 13
                                                                                                          Forms.

                                                    Total ...........................................   ...........................................................   ........................   ........................   ........................             89



                                               Jeffrey M. Zirger,                                                      proposed information collection project                                       Docket Number. CDC will post, without
                                               Acting Lead, Information Collection Review                              titled National Surveillance of                                               change, all relevant comments to
                                               Office, Office of Scientific Integrity, Office                          Community Water Systems and                                                   Regulations.gov.
                                               of Science, Centers for Disease Control and                             Corresponding Populations with the                                               Please note: Submit all comments
                                               Prevention.                                                             Recommended Fluoridation Level. This                                          through the Federal eRulemaking portal
                                               [FR Doc. 2018–26352 Filed 12–4–18; 8:45 am]                             surveillance collects the fluoridation                                        (regulations.gov) or by U.S. mail to the
                                               BILLING CODE 4163–18–P                                                  status of the nation’s approximately                                          address listed above.
                                                                                                                       52,000 community water systems (CWS)
                                                                                                                                                                                                     FOR FURTHER INFORMATION CONTACT:    To
                                                                                                                       which serve the 50 states and the
                                               DEPARTMENT OF HEALTH AND                                                                                                                              request more information on the
                                                                                                                       District of Columbia. It also collects
                                               HUMAN SERVICES                                                                                                                                        proposed project or to obtain a copy of
                                                                                                                       fluoride level testing data for those CWS
                                                                                                                                                                                                     the information collection plan and
                                                                                                                       which adjust naturally occurring
                                               Centers for Disease Control and                                                                                                                       instruments, contact Jeffrey M. Zirger,
                                                                                                                       fluoride levels. The data are analyzed
                                               Prevention                                                                                                                                            Information Collection Review Office,
                                                                                                                       and published to inform the public and
                                               [60Day–19–19DO; Docket No. CDC–2018–                                                                                                                  Centers for Disease Control and
                                                                                                                       to support state and local governments’
                                               0108]                                                                                                                                                 Prevention, 1600 Clifton Road NE, MS–
                                                                                                                       efforts to monitor community water
                                                                                                                                                                                                     D74, Atlanta, Georgia 30329; phone:
                                                                                                                       fluoridation levels relative to the US
                                               Proposed Data Collection Submitted                                                                                                                    404–639–7570; Email: omb@cdc.gov.
                                                                                                                       Public Health Service recommended
                                               for Public Comment and                                                  level to prevent tooth decay.                                                 SUPPLEMENTARY INFORMATION: Under the
                                               Recommendations                                                                                                                                       Paperwork Reduction Act of 1995 (PRA)
                                                                                                                       DATES: CDC must receive written
                                               AGENCY: Centers for Disease Control and                                 comments on or before February 4,                                             (44 U.S.C. 3501–3520), Federal agencies
                                               Prevention (CDC), Department of Health                                  2019.                                                                         must obtain approval from the Office of
                                               and Human Services (HHS).                                                                                                                             Management and Budget (OMB) for each
                                                                                                                       ADDRESSES:  You may submit comments,                                          collection of information they conduct
                                               ACTION: Notice with comment period.
                                                                                                                       identified by Docket No. CDC–2018–                                            or sponsor. In addition, the PRA also
                                               SUMMARY:   The Centers for Disease                                      0108 by any of the following methods:                                         requires Federal agencies to provide a
                                               Control and Prevention (CDC), as part of                                  • Federal eRulemaking Portal:                                               60-day notice in the Federal Register
                                               its continuing effort to reduce public                                  Regulations.gov. Follow the instructions                                      concerning each proposed collection of
                                               burden and maximize the utility of                                      for submitting comments.                                                      information, including each new
khammond on DSK30JT082PROD with NOTICES




                                               government information, invites the                                       • Mail: Jeffrey M. Zirger, Acting Lead,                                     proposed collection, each proposed
                                               general public and other Federal                                        Information Collection Review Office,                                         extension of existing collection of
                                               agencies the opportunity to comment on                                  Centers for Disease Control and                                               information, and each reinstatement of
                                               a proposed and/or continuing                                            Prevention, 1600 Clifton Road NE, MS–                                         previously approved information
                                               information collection, as required by                                  D74, Atlanta, Georgia 30329.                                                  collection before submitting the
                                               the Paperwork Reduction Act of 1995.                                      Instructions: All submissions received                                      collection to the OMB for approval. To
                                               This notice invites comment on a                                        must include the agency name and                                              comply with this requirement, we are


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                                               62868                              Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               publishing this notice of a proposed                                     but typically is lower than the                                               CWS and some fluoride level data for
                                               data collection as described below.                                      recommended concentration needed to                                           states which choose to display it. CDC
                                                 The OMB is particularly interested in                                  prevent dental caries (tooth decay).                                          uses the information collection to (1)
                                               comments that will help:                                                 Community water fluoridation is the                                           provide national fluoridation
                                                 1. Evaluate whether the proposed                                       process of adjusting the fluoride                                             surveillance reports; (2) assist states
                                               collection of information is necessary                                   concentration of a community water                                            manage their fluoride level data and
                                               for the proper performance of the                                        system (CWS) to the level beneficial for                                      monitor and improve quality of
                                               functions of the agency, including                                       prevention of dental caries as                                                community water fluoridation
                                               whether the information will have                                        recommended by the US Public Health                                           programs; (3) measure national
                                               practical utility;                                                       Service (PHS). CDC monitors CWS                                               performance toward the fluoridation
                                                 2. Evaluate the accuracy of the                                        fluoride levels relative to the PHS                                           Healthy People objective; (4) evaluate
                                               agency’s estimate of the burden of the                                   recommended level under the Public                                            outcomes of CDC’s cooperative
                                               proposed collection of information,                                      Health Service Act. In 2000, CDC                                              agreements with states; (5) facilitate
                                               including the validity of the                                            launched a Web-based data management                                          creation of state-specific reports for
                                               methodology and assumptions used;                                        tool—Water Fluoridation Reporting
                                                 3. Enhance the quality, utility, and                                                                                                                 states’ programmatic and policy use.
                                                                                                                        Systems (WFRS) in collaboration with                                          The information collection is also used
                                               clarity of the information to be                                         the Association of State and Territorial
                                               collected; and                                                                                                                                         to inform health care providers to
                                                                                                                        Dental Directors. States may report their                                     determine targeted delivery of
                                                 4. Minimize the burden of the
                                                                                                                        information to CDC using WFRS or via                                          preventive care, for example,
                                               collection of information on those who
                                                                                                                        email.                                                                        determining use of fluoride
                                               are to respond, including through the
                                                                                                                           Respondents to the information                                             supplements for children living in
                                               use of appropriate automated,
                                                                                                                        collection are state fluoridation                                             fluoride-deficient areas.
                                               electronic, mechanical, or other
                                                                                                                        managers or other state government
                                               technological collection techniques or                                                                                                                    CDC’s collection of CWS data is not
                                                                                                                        officials designated by the state dental
                                               other forms of information technology,                                                                                                                 duplicative of any other federal
                                                                                                                        director or drinking water administrator.
                                               e.g., permitting electronic submissions                                                                                                                collection, including the US
                                                                                                                        State participation in the data collection
                                               of responses.                                                                                                                                          Environmental Protection Agency’s
                                                                                                                        is voluntary. Respondents are asked to
                                                 5. Assess information collection costs.                                                                                                              (EPA) Safe Drinking Water Information
                                                                                                                        update fluoridation status of, and
                                               Proposed Project                                                         counties and populations served by,                                           System (SDWIS), as SDWIS receives
                                                                                                                        each CWS in their state annually. All 50                                      state reports of CWS fluoride levels that
                                                 National Surveillance of Community                                                                                                                   exceed 4 mg/L but not those near the
                                               Water Systems and Corresponding                                          states respond to this portion of the
                                                                                                                        collection. Washington DC is not                                              beneficial level of 0.7 mg/L
                                               Populations with the Recommended                                                                                                                       recommended for dental caries
                                               Fluoridation Level—Existing Collection                                   included in the data collection because
                                                                                                                        water is supplied by a CWS from                                               prevention by the PHS. Thus, CDC’s
                                               in use without an OMB Control                                                                                                                          system is required to assess the degree
                                               Number—National Center for Chronic                                       Virginia and therefore Virginia will
                                                                                                                        collect data. Historically collected                                          to which the nation is reaching this
                                               Disease Prevention and Health                                                                                                                          PHS-recommended level.
                                               Promotion (NCCDPHP), Centers for                                         natural fluoride concentrations are
                                               Disease Control and Prevention (CDC).                                    available in WFRS for all CWS; once                                              The total estimated annualized
                                                                                                                        collected, they rarely change over time.                                      burden hours are 2,824, including (1)
                                               Background and Brief Description                                         Respondents also are asked to enter the                                       1,900 hours for the validation or update
                                                  Dental caries is one of the most                                      high, low, and average fluoride testing                                       of CWS fluoridation status and
                                               common chronic diseases throughout                                       level data annually for each month for                                        population served from 50 respondents,
                                               the lifespan in the United States, and                                   their fluoride-adjusted CWS. Currently,                                       with estimated average burden hours of
                                               disproportionately affects populations                                   two-thirds of the states respond to this                                      38 per respondent; and (2) 924 hours for
                                               with low socioeconomic status, and                                       portion of the collection.                                                    the annual entry of fluoride testing level
                                               racial and ethnic minority populations.                                     CDC analyzes and publishes results                                         data for fluoride-adjusted CWS
                                               Dental caries can lead to infection and                                  through interactive, public-facing web                                        conducted by 33 respondents with an
                                               diminished quality of life, and cause                                    pages: (1) Biennial surveillance reports                                      estimated average burden of 28 hours
                                               substantial societal cost due to absence                                 documenting the percentage of the                                             per respondent. WFRS will be hosted
                                               from school and work, as well as                                         population with fluoridated water at                                          and maintaineded by CDC. There are no
                                               expensive treatments.                                                    national, state, and local levels; and (2)                                    maintenance costs to respondents, and
                                                  Naturally occurring fluoride is found                                 My Water’s Fluoride, which publishes                                          there are no costs to respondents other
                                               in all surface and ground water sources,                                 the fluoridation status of individual                                         than their time.

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

                                               State Official ......................................     Fluoridation status and population ...                                           50                           1                        38             1,900
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                                               State Official ......................................     Fluoride testing data ........................                                   33                           1                        28               924

                                                     Total ...........................................   ...........................................................   ........................   ........................   ........................          2,824




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                                                                          Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                           62869

                                               Jeffrey M. Zirger,                                      Acquisition Cost (AAC), using the                     Director
                                               Acting Lead, Information Collection Review              National Average Drug Acquisition Cost                State of Washington, Health Care
                                               Office, Office of Scientific Integrity, Office          (NADAC) without a change in the new                   Authority
                                               of Science, Centers for Disease Control and             requirements for a professional                       626 8th Avenue PO Box 45502
                                               Prevention (CDC).                                       dispensing fee. In addition, SPA 17–                  Olympia, WA 98504–5050
                                               [FR Doc. 2018–26351 Filed 12–4–18; 8:45 am]             0002 included proposed changes to                     Dear Ms. Lindeblad:
                                               BILLING CODE 4163–18–P                                  reimbursement for 340B drugs,                         I am responding to your November 5,
                                                                                                       physician-administered drugs, clotting                2018 request for reconsideration of the
                                                                                                       factor, federal supply schedule, and                  decision to disapprove Washington’s
                                               DEPARTMENT OF HEALTH AND                                drugs purchased at nominal price.                     State Plan amendment (SPA) 17–0002.
                                               HUMAN SERVICES                                             The issues to be considered at the                 Washington SPA 17–0002 was
                                                                                                       hearing are whether Washington SPA                    submitted to the Centers for Medicare &
                                               Centers for Medicare & Medicaid
                                                                                                       17–0002 is inconsistent with the                      Medicaid Services (CMS) on June 26,
                                               Services
                                                                                                       requirements of:                                      2017, and disapproved on September
                                               Notice of Hearing: Reconsideration of                      • Section 1902(a)(30)(A) of the Social             10, 2018. I am scheduling a hearing on
                                               Disapproval Washington Medicaid                         Security Act (the Act) which requires, in             your request for reconsideration to be
                                               State Plan Amendment (SPA) 17–0002                      part, that states have a state plan that              held on January 15, 2019, at the
                                                                                                       provides such methods and procedures                  Department of Health and Human
                                               AGENCY: Centers for Medicare &                          to assure that payment rates are                      Services, Centers for Medicare &
                                               Medicaid Services (CMS), HHS.                           consistent with efficiency, economy,                  Medicaid Services, Division of Medicaid
                                               ACTION: Notice of hearing:                              and quality of care and are sufficient to             and Children’s Health, Seattle Regional
                                               reconsideration of disapproval.                         enlist enough providers so that care and              Office, 701 Fifth Avenue, Suite 1600,
                                                                                                       services are available under the plan at              Seattle, WA 98104.
                                               SUMMARY:   This notice announces an                     least to the extent that such care and
                                               administrative hearing to be held on                                                                             I am designating Mr. Benjamin R.
                                                                                                       services are available to the general                 Cohen as the presiding officer. If these
                                               January 15, 2019, at the Department of                  population in the geographic area.
                                               Health and Human Services, Centers for                                                                        arrangements present any problems,
                                                                                                          • Federal regulations at 42 CFR                    please contact Mr. Cohen at (410) 786–
                                               Medicare & Medicaid Services, Division                  447.502, 447.512 and 447.518 which
                                               of Medicaid and Children’s Health,                                                                            3169. In order to facilitate any
                                                                                                       provide that payments for drugs are to                communication that may be necessary
                                               Seattle Regional Office, 701 Fifth                      be based on the ingredient cost of the
                                               Avenue, Suite 1600, Seattle, WA 98104                                                                         between the parties prior to the hearing,
                                                                                                       drug based on AAC and a Professional                  please notify the presiding officer to
                                               to reconsider CMS’ decision to                          Dispensing Fee (PDF).
                                               disapprove Washington’s Medicaid SPA                                                                          indicate acceptability of the hearing
                                                                                                          Section 1116 of the Act and federal                date that has been scheduled and
                                               17–0002.                                                regulations at 42 CFR part 430 establish              provide names of the individuals who
                                               DATES: Requests to participate in the                   Department procedures that provide an                 will represent the State at the hearing.
                                               hearing as a party must be received by                  administrative hearing for                            If the hearing date is not acceptable, Mr.
                                               the presiding officer by December 20,                   reconsideration of a disapproval of a                 Cohen can set another date mutually
                                               2018.                                                   state plan or plan amendment. CMS is                  agreeable to the parties. The hearing
                                               FOR FURTHER INFORMATION CONTACT:                        required to publish in the Federal                    will be governed by the procedures
                                               Benjamin R. Cohen, Presiding Officer,                   Register a copy of the notice to a state              prescribed by federal regulations at 42
                                               CMS, 2520 Lord Baltimore Drive, Suite                   Medicaid agency that informs the                      CFR part 430.
                                               L, Baltimore, Maryland 21244,                           agency of the time and place of the                      This SPA requested CMS approval to
                                               Telephone: (410) 786–3169.                              hearing, and the issues to be considered.             bring Washington into compliance with
                                               SUPPLEMENTARY INFORMATION: This                         If we subsequently notify the state                   the pharmacy reimbursement
                                               notice announces an administrative                      Medicaid agency of additional issues                  requirements in the Covered Outpatient
                                               hearing to reconsider CMS’ decision to                  that will be considered at the hearing,               Drugs final rule with comment period
                                               disapprove Washington’s Medicaid state                  we will also publish that notice in the               (CMS–2345–FC) (Final Rule).
                                               plan amendment (SPA) 17–0002, which                     Federal Register.                                     Specifically, SPA 17–0002 proposed to
                                               was submitted to the Centers for                           Any individual or group that wants to              revise the current pharmacy
                                               Medicare & Medicaid Services (CMS) on                   participate in the hearing as a party                 reimbursement methodology from
                                               June 26, 2017 and disapproved on                        must petition the presiding officer                   reimbursing for ingredient costs based
                                               September 10, 2018. This SPA requested                  within 15 days after publication of this              on Estimated Acquisition Cost (EAC),
                                               CMS approval to: Bring Washington into                  notice, in accordance with the                        plus a tiered dispensing fee (High-
                                               compliance with the pharmacy                            requirements contained at 42 CFR                      volume pharmacies $4.24/Rx, Mid-
                                               reimbursement requirements in the                       430.76(b)(2). Any interested person or                volume pharmacies $4.56/Rx, Low-
                                               Covered Outpatient Drugs final rule                     organization that wants to participate as             volume pharmacies $5.25/Rx, and Unit
                                               with comment period (CMS–2345–FC)                       amicus curiae must petition the                       Does System $5.25/Rx), to reimbursing
                                               (Final Rule). Specifically, SPA 17–0002                 presiding officer before the hearing                  for ingredient cost based on Actual
                                               proposed to revise the current pharmacy                 begins in accordance with the                         Acquisition Cost (AAC), using the
                                               reimbursement methodology from                          requirements contained at 42 CFR                      National Average Drug Acquisition Cost
                                               reimbursing for ingredient costs based                  430.76(c). If the hearing is later                    (NADAC) without a change in the new
khammond on DSK30JT082PROD with NOTICES




                                               on Estimated Acquisition Cost (EAC),                    rescheduled, the presiding officer will               requirements for a professional
                                               plus a tiered dispensing fee (High-                     notify all participants.                              dispensing fee. In addition, SPA 17–
                                               volume pharmacies $4.24/Rx, Mid-                           The notice to Washington announcing                0002 included proposed changes to
                                               volume pharmacies $4.56/Rx, Low-                        an administrative hearing to reconsider               reimbursement for 340B drugs,
                                               volume pharmacies $5.25/Rx, and Unit                    the disapproval of its SPA reads as                   physician-administered drugs, clotting
                                               Does System $5.25/Rx), to reimbursing                   follows:                                              factor, federal supply schedule, and
                                               for ingredient cost based on Actual                     Ms. MaryAnne Lindeblad                                drugs purchased at nominal price.


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Document Created: 2018-12-05 02:36:22
Document Modified: 2018-12-05 02:36:22
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 with comment period.
DatesCDC must receive written comments on or before February 4, 2019.
ContactTo request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact Jeffrey M. Zirger, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]
FR Citation83 FR 62867 

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