[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34711-34712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14674]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid Services
Notice of Hearing; Reconsideration of Disapproval of Colorado
State Plan Amendments (SPA) 10-034
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice of hearing.
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SUMMARY: This notice announces an administrative hearing to be held on
August 4, 2011, at the CMS Denver Regional Office, Colorado State Bank
Building, 1600 Broadway, Suite 700, Denver, Colorado 80202-4367 to
reconsider CMS' decision to disapprove Colorado SPA 10-034.
DATES: Requests to participate in the hearing as a party must be
received by the presiding officer by June 29, 2011.
FOR FURTHER INFORMATION CONTACT:
Benjamin 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 Colorado SPA 10-034
which was submitted on September 30, 2010, and disapproved on March 10,
2011. The SPA proposed to revise the methods and standards for
establishing payment rates for non-brokered and brokered non-emergency
medical transportation.
The disapproval was based on a finding that the State had not
complied with the requirements of section 1902(a)(73)(A) of the Social
Security Act to solicit advice from designees of Indian Health Programs
and Urban Indian Organizations prior to submission of a SPA likely to
have a direct effect on Indians, Indian Health Programs, or Urban
Indian Organizations.
The issues to be considered at the hearing are:
Applicability: Whether the statutory requirement in
section 1902(a)(73)(A) of the Social Security Act (the Act) for
solicitation of advice prior to the submission of a SPA that is likely
to have a direct effect on Indians, Indian Health Programs, or Urban
Indian Organizations is applicable to this SPA when there are
significant numbers of Indian beneficiaries who receive transportation
services, and Indian Health Programs and Urban Indian Organizations
that are transportation providers in the State.
Solicitation of Advice: Whether Colorado met the statutory
requirement at section 1902(a)(73)(A) to solicit advice when it did not
include in any issuance to Indian health programs and Urban Indian
Organizations prior to the submission of the SPA any specific
solicitation of advice or comment on the SPA (or any description of a
process for the submission of comments or initiation of a dialogue with
the State).
Timing: Whether Colorado met the statutory requirement at
section 1902(a)(73)(A) to solicit advice when it issued general public
notice on June 25, 2010, of the rate reductions that were to go into
effect July 1, 2010, but did not issue notice to the Indian health
programs or Urban Indian Organizations
[[Page 34712]]
until September 24, 2010, which was only 6 days prior to the date
Colorado submitted the SPA to CMS. This issue is whether 6 days is a
reasonable time period to allow for the submission and consideration of
comments.
Sufficiency of Solicitation: Whether Colorado met the
statutory requirement at section 1902(a)(73) to solicit advice when the
notice to the tribes did not describe the potential impact that the
rate reduction for transportation would have on the tribes, Indians,
Indian health providers, or urban Indian organizations.
Section 1116 of the Act and Federal regulations at 42 CFR part 430,
establish Department procedures that provide an administrative hearing
for reconsideration of a disapproval of a State plan or plan amendment.
CMS is required to publish a copy of the notice to a State Medicaid
agency that informs the agency of the time and place of the hearing,
and the issues to be considered. If we subsequently notify the agency
of additional issues that will be considered at the hearing, we will
also publish that notice.
Any individual or group that wants to participate in the hearing as
a party must petition the presiding officer within 15 days after
publication of this notice, in accordance with the requirements
contained at 42 CFR 430.76(b)(2). Any interested person or organization
that wants to participate as amicus curiae must petition the presiding
officer before the hearing begins in accordance with the requirements
contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the
presiding officer will notify all participants.
The notice to Colorado announcing an administrative hearing to
reconsider the disapproval of its SPAs reads as follows:
Ms. Laurel Karabotsos,
Acting Medical Director,
Department of Health Care Policy and Financing,
Medical & CHP+ Administration Office,
1570 Grant Street,
Denver, CO 80203-1818.
Dear Ms. Karabotsos:
I am responding to your request for reconsideration of Centers for
Medicare & Medicaid Services' (CMS) decision to disapprove the Colorado
State Plan Amendment (SPA) 10-034, which was submitted to CMS on
September 30, 2010, and disapproved on March 10, 2011. The SPA proposed
to revise the methods and standards for establishing payment rates for
non-brokered and brokered non-emergency medical transportation. The
disapproval was based on a finding that the State had not complied with
the requirements of section 1902(a)(73)(A) of the Social Security Act
to solicit advice from designees of Indian Health Programs and Urban
Indian Organizations prior to submission of a SPA likely to have a
direct effect on Indians, Indian Health Programs, or Urban Indian
Organizations.
The issues to be considered at the hearing are:
Applicability: Whether the statutory requirement in
section 1902(a)(73)(A) of the Social Security Act (the Act) for
solicitation of advice prior to the submission of a SPA that is likely
to have a direct effect on Indians, Indian Health Programs, or Urban
Indian Organizations is applicable to this SPA when there are
significant numbers of Indian beneficiaries who receive transportation
services, and Indian Health Programs and Urban Indian Organizations
that are transportation providers in the State.
Solicitation of advice: Whether Colorado met the statutory
requirement at section 1902(a)(73)(A) to solicit advice when it did not
include in any issuance to Indian health programs and Urban Indian
Organizations prior to the submission of the SPA any specific
solicitation of advice or comment on the SPA (or any description of a
process for the submission of comments or initiation of a dialogue with
the State).
Timing: Whether Colorado met the statutory requirement at
section 1902(a)(73)(A) to solicit advice when it issued general public
notice on June 25, 2010, of the rate reductions that were to go into
effect July 1, 2010, but did not issue notice to the Indian health
programs or Urban Indian Organizations until September 24, 2010, which
was only 6 days prior to the date Colorado submitted the SPA to CMS.
This issue is whether 6 days is a reasonable time period to allow for
the submission and consideration of comments.
Sufficiency of Solicitation: Whether Colorado met the
statutory requirement at section 1902(a)(73) to solicit advice when the
notice to the tribes did not describe the potential impact that the
rate reduction for transportation would have on the tribes, Indians,
Indian health providers, or urban Indian organizations.
I am scheduling a hearing on your request for reconsideration to be
held on August 4, 2011, at the CMS Denver Regional Office, Colorado
State Bank Building, 1600 Broadway, Suite 700, Denver, Colorado 80202-
4367, in order to reconsider the decision to disapprove SPA 10-034.
If this date is not acceptable, CMS rules provide that the hearing
date may be changed by written agreement between CMS and the State. The
hearing will be governed by the procedures prescribed by Federal
regulations at 42 CFR part 430.
I am designating Mr. Benjamin Cohen as the presiding officer. If
these arrangements present any problems, please contact the presiding
officer at (410) 786-3169. In order to facilitate any communication
which may be necessary between the parties to the hearing, please
notify the presiding officer to indicate acceptability of the hearing
date that has been scheduled, and to provide names of the individuals
who will represent the State at the hearing.
Sincerely,
Donald M. Berwick, M.D.
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: June 8, 2011,
Donald M. Berwick,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2011-14674 Filed 6-13-11; 8:45 am]
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