[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)] [Notices] [Pages 26545-26550] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-12429] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Care Financing Administration [MB-103-NC] RIN 0938-AH90 Medicaid Program; Allocation of Enhanced Federal Matching Funds for Increased Administrative Costs Resulting From Welfare Reform AGENCY: Health Care Financing Administration (HCFA), HHS. ACTION: Notice with comment period. ----------------------------------------------------------------------- SUMMARY: This notice with comment period announces the methodology used to determine the allocation, among the States and certain Territories, of a $500 million fund to assist them with the additional expenses attributable to eligibility determinations incurred as a result of the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which decouples Medicaid eligibility from receipt of cash assistance for families and children. Also, it announces the actual allocation amount for each State and Territory. The special fund is available for matching a State's or Territory's allowable administrative expenditures incurred only during Federal fiscal years 1997 through 2000, and only during the first 12 calendar quarters in which the State's Temporary Assistance to Needy Families program, which replaced the Aid to Families with Dependent Children program, is in effect after August 21, l996. DATES: Effective Date: This notice is effective on May 14, 1997. Comment Period: Written comments will be considered if we receive them at the appropriate address, as provided below, no later than 5 p.m. on June 13, 1997. ADDRESSES: Mail comments (one original and three copies) to the following address: Health Care Financing Administration, Department of Health and Human Services, Attention: MB-103-NC, P.O. Box 7517, Baltimore, MD 21207-0517. If you prefer, you may deliver your written comments (one original and three copies) to one of the following addresses: Room 309-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20221, or Room C5-09-26, 7500 Security Boulevard, Baltimore, MD 21244-1850. Because of staffing and resource limitations, we cannot accept comments by facsimile (FAX) transmission. When you comment, please refer to file code MB-103-NC. Comments received timely will be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, in Room 309-G of the Department's offices at 200 Independence Avenue, SW., Washington, DC, on Monday through Friday of each week from 8:30 a.m. to 5 p.m. (phone: (202) 690-7890). Copies: To order copies of the Federal Register containing this document, send your request to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. Specify the date of the issue requested and enclose a check or money order payable to the Superintendent of Documents, or enclose your Visa or MasterCard number and expiration date. Credit card orders can also be placed by calling the order desk at (202) 512-1800 or by faxing to (202) 512- 2250. The cost for each copy is $8. As an alternative, you can view and photocopy the Federal Register document at most libraries designated as Federal Depository Libraries and at many other public and academic libraries throughout the country that receive the Federal Register. FOR FURTHER INFORMATION CONTACT: Richard Strauss, (410) 786-2019. SUPPLEMENTARY INFORMATION: I. Background Under title XIX of the Social Security Act (the Act), Federal funds are available at specified Federal matching rates for expenditures for medical assistance and administrative expenditures under the States' approved Medicaid plans. State Medicaid agencies are required to submit quarterly reports of expenditures (on Form HCFA-64) in order to claim Federal financial participation (FFP), that is, Federal matching funds for these expenditures. II. Recent Legislation The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) amended title IV-A of the Act to repeal the Aid to Families with Dependent Children (AFDC) program. The AFDC program provided an entitlement to cash assistance for eligible families with dependent children and was funded by an openended, jointly funded Federal-State program. PRWORA replaced AFDC with a program of block grants for States for Temporary Assistance for Needy Families (TANF). The repeal of AFDC becomes effective not later than July 1, [[Page 26546]] 1997, or for most purposes on the date that the Secretary receives a State's TANF plan. Under TANF, States have broad flexibility to provide assistance for the purpose of ending the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; preventing out-of-wedlock pregnancies; and encouraging the formation and maintenance of two-parent families. Prior to the passage of PRWORA, Medicaid eligibility for families with children receiving AFDC was automatic. With the implementation of each State's TANF program, there is no longer an automatic link between eligibility for cash assistance under the AFDC program and eligibility under the Medicaid program. Section 114(a) of PRWORA amended title XIX of the Act to add a new section 1931 that, in general, requires State agencies to provide Medicaid eligibility to low income families, if they had been eligible under the AFDC plan in effect on July 16, 1996. With the advent of the TANF program, State Medicaid agencies are expected to incur additional administrative costs related to the need to determine Medicaid eligibility for individuals in accordance with section 1931 of the Act. These expenditures include the costs of outreach to potential eligible individuals who will no longer receive automatic Medicaid eligibility through the cash assistance linkage. It is essential that State Medicaid agencies ensure and protect continued Medicaid eligibility for current Medicaid recipients who would have been eligible under the July 16, 1996 AFDC rules or who are otherwise eligible under section 1931 of the Act, and that the State agencies successfully implement new procedures for identifying potential new Medicaid recipients and determining their eligibility. To assist State agencies with additional administrative costs involved in this transition, section 114(a) of PRWORA created a new section 1931(h) of the Act, which establishes a $500 million fund that is available as Federal matching funds for the State Medicaid agencies' administrative costs of Medicaid eligibility determinations incurred as a result of the delinking of Medicaid eligibility from eligibility for cash assistance under title IV-A of the Act. The additional Federal funds will be provided to State agencies through an enhanced Federal matching rate for the applicable administrative expenditures. A State agency is eligible to claim the enhanced Federal matching funds for allowable expenditures incurred during the first 12 calendar quarters (3 years) in which the State's TANF program is in effect. Furthermore, the enhanced Federal matching funds are only available for allowable expenditures for the period beginning with Federal fiscal year 1997 (that is October 1, 1996) and ending with Federal fiscal year 2000 (that is September 30, 2000). The law requires the Secretary to increase the usual Federal matching percentage of 50 percent for States' claims for administrative expenditures from this fund and to ensure the equitable distribution of the increased matching funds. Under section 1931(h) of the Act, the $500 million fund is available only for the administrative costs of Medicaid eligibility determinations attributable to the application of the requirements of section 1931 of the Act, that is, the rules of the States' former AFDC programs. The fund is not available for the costs of determining Medicaid eligibility for individuals with respect to other provisions of PRWORA, such as those related to alien and immigration status or the Supplemental Security Income (SSI) program, unless those individuals are screened for Medicaid eligibility through provisions of section 1931 of the Act. HCFA estimates that $500 million provide adequate funds to offset additional administrative costs that States will incur attributable to the requirements of section 1931 of the Act. III. Provisions of the Notice This notice with comment period announces the enhanced Federal matching rates, the allocation formula and the factors included in that formula, the dollar amounts allocated to each State, and the activities for which FFP will be available at enhanced matching rates, which are established under section 1931(h) of the Act. Specifically, sections 1931 (h)(1), (h)(2), and (h)(3) of the Act, respectively, authorize the Secretary to: specify the enhanced Federal matching rates; determine the allowable expenditures; and ensure the equitable distribution of the funds among States by establishing the allocation formula and factors included in the formula, and the dollar amounts allocated to each State. We are allocating two amounts to each State agency from the $500 million fund: A minimum (base) allocation, which is generally the same for all States; and an additional allocated amount (secondary allocation), which differs by State and is determined by a formula using factors discussed in detail in section VI. of this notice. State agencies may claim Federal funding for allowable activities against the base allocation at a 90-percent matching rate. State agencies may claim Federal funding against the secondary allocation at one of two Federal matching rates: A 90-percent enhanced matching rate for specified activities considered critical to protecting beneficiaries (for example outreach and beneficiary education); and a 75-percent enhanced rate for other allowable activities. In claiming Federal matching for expenditures for these activities, States must identify them separately on the form HCFA-64. States may draw down funds for their allocation as they incur allowable expenditures. IV. Activities Subject to Enhanced Funding Under section 1931(h) of the Act, the $500 million fund may only be used for administrative expenditures shown by State agencies to be attributable to the administrative costs of Medicaid eligibility determinations required as a result of the TANF legislation and the delinking of Medicaid eligibility from AFDC status. The following activities are those for which Federal funding is already available and for which additional funding is available at one of the enhanced Federal matching rates, 90 percent or 75 percent. States can claim 90- percent matching for any of the allowable activities listed below, up to the basic allocation for the State. For the States' secondary allocation, items indicated by an asterisk may be claimed at a 90- percent matching rate and items not noted with an asterisk can be claimed at the 75-percent matching rate. We established the higher 90-percent enhanced Federal matching rate associated with the base allocation in recognition that there are pressing startup and other common costs among States related to the transition from AFDC to the TANF program. The higher Federal matching rate for the base allocation serves to expedite funds to States for such costs. We established the two enhanced Federal matching rates associated with the secondary allocation to recognize two priorities of activities related to this provision. The first priority, with the higher 90- percent Federal matching rate, is associated with beneficiary oriented activities such as outreach, public service announcements, and education. The higher enhanced rate encourages such activities and recognizes the importance of ensuring that individuals do not lose their eligibility inappropriately, are correctly determined (or redetermined) eligible, and understand program requirements during the critical period of transition to TANF. Each of these higher rate (90 percent) activities is indicated below by [[Page 26547]] an asterisk. The lower 75-percent enhanced Federal matching rate addresses the other activities performed during the transition period. Allowable ActivitiesEducational activities (relating to current or potential beneficiaries).* Public service announcements (PSAs).* Outstationing of eligibility workers (more workers or new locations, for example, churches, day care centers, WIC offices, health care providers).* Training related to the section 1931 provisions--* Eligibility workers. Providers. Outstationed eligibility workers and others. Community. Outreach activities (for example, general or targeted mailing campaigns, contracts to assist beneficiaries with the redetermination process).* Developing and disseminating new publications (targeted to at-risk populations).* Local community activities (for example, meetings with community leaders and speeches to community groups).* Hiring new Medicaid eligibility workers (related to section 1931 determinations). Designing new eligibility forms, for example, a single application for TANF and Medicaid whether eligibility is linked or not. Identification of ``at-risk'' TANF recipients (in this context, at-risk refers to vulnerability to losing Medicaid eligibility as a result of the TANF provisions). State and local government organizational changes related to the section 1931 provisions. Intergovernmental activities. Eligibility systems related changes. Other activities identified by States and approved by the Secretary as applicable to the enhanced matching fund provisions. In order for State agencies to claim Federal funds at the appropriate enhanced rates associated with the two allocated amounts for allowable activities, they will need to identify and report the administrative expenditures for such activities to HCFA on specified lines on the States' quarterly medical assistance expenditure report (Form HCFA-64), in accordance with HCFA guidance and instructions related to the form HCFA-64. V. Special Issues We conducted a series of consultations with advocacy, provider, and intergovernmental groups to gather suggestions and recommendations on how to equitably distribute the enhanced matching funds. These groups included the National Governors' Association, the American Public Welfare Association, and the National Conference of State Legislatures. The criteria and requirements included in this notice reflect consideration of their suggestions and recommendations. A. Federal Matching Rate To Be Increased Under section 1931(h)(2) of the Act, the Federal matching rate, which will be used for State claims related to the $500 million fund, applies only to those administrative expenditures of a State agency's Medicaid program described in section 1903(a)(7) of the Act (administrative expenditures that are Federally matched at a 50-percent rate). These administrative expenditures include the costs associated with eligibility determination activities. Because of the specific reference to section 1903(a)(7) of the Act, section 1931(a) of the Act precludes the $500 million fund from being available for matching expenditures referenced in other sections of section 1903(a) of the Act. For example, section 1903(a)(3) of the Act refers to administrative activities related to electronic claims processing systems and the associated Federal matching rates of 90 and 75 percent. Section 1903(a)(4) refers to the costs of systems for verifying immigration status and the associated Federal matching rate of 100 percent. The $500 million fund is not available for these categories of administrative expenditures or others referenced in sections 1903 (a)(1) through (a)(6) of the Act. We note that, under existing Medicaid regulations published in 1989, the administrative costs associated with automated eligibility systems are not considered part of the mechanized claims process and information retrieval systems, and therefore are not eligible for the 75-percent or 90-percent Federal matching rate referred to in section 1903(a)(3) of the Act. Therefore, these costs are matched at the 50 percent rate under section 1903(a)(7) of the Act, and may be claimed against the State's allocation from the $500 million fund at the higher matching rate if they meet the other requirements. B. Retroactive Claims Under sections 1931 (h)(3) and (h)(4) of the Act, the $500 million dollar fund is only available for claims for administrative costs incurred during Federal fiscal years 1997 through 2000 (that is, October 1, 1996 through September 30, 2000), and with respect to any specific State, only during the first 12 calendar quarters that the TANF program is in effect in that State beginning no earlier than October 1, 1996. As long as claims of that State are for expenditures incurred during this period and meet timely filing and other relevant requirements, they would not be precluded from being submitted and allowed retroactively. C. Equitable Distribution of Funds Among All States Section 1931(h)(3) of the Act requires the Secretary to ``ensure the equitable distribution'' of the $500 million dollar fund among the States. We interpret this to mean that all States should receive an equitable share of the fund unless the State does not incur any cost associated with the implementation of section 1931 of the Act. Through the consultive process, discussed earlier in this section, States and other groups have expressed the position that every State agency should be able to receive at least some portion of the fund. We agree that the requirement for an equitable distribution must result in each State receiving a portion of the fund against which qualifying expenditures would be claimed. For purposes of the Medicaid program, the definition of ``State'' includes the District of Columbia and the five Territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands. However, we have not provided an allocation for the Northern Mariana Islands or American Samoa because they do not have an AFDC program and did not have an AFDC program at the time of the enactment of PRWORA. Therefore, only three Territories, Guam, Puerto Rico and the Virgin Islands, will incur administrative expenditures as a result of the transition from AFDC to TANF. The three Territories affected by section 1931 of the Act are still subject to the existing cap on Federal Medicaid expenditures for the Territories at section 1108(c) of the Act. This cap will not increase with the availability of a portion of the $500 million fund. However, these Territories could still receive benefits under the $500 million fund provisions because, with an enhanced Federal matching rate, less total territorial matching funds would be required for a given level of administrative costs unless the Territory exceeded its cap. Since these Territories, like the other States, will likely incur additional Medicaid expenditures due to the transition to TANF, a portion of the $500 million [[Page 26548]] enhanced Federal matching fund should be available to them. D. Reduction of States' Allocations as Claims Are Made Section 1931(h) of the Act provides for enhanced Federal matching for States' claims against the additional $500 million fund. The enhanced rates and additional Federal funds are in addition to those that would otherwise be Federally matched at the usual 50-percent rate. States' claims for allowable administrative activities will reduce their base and secondary allocations only by the amounts that are in excess of the usual 50-percent FFP and not by the entire Federal matching amount. Specifically, States' allocations will be reduced by the amount of the claim multiplied by the difference between the enhanced Federal matching rate percentage and 50 percent. To illustrate how State claims against the allocations would work, we provide the following example: The State claim for allowable outreach expenditures is $500,000. This claim would usually be Federally matched at 50 percent, and the usual FFP amount for this claim would be $250,000 (50 percent of $500,000). Assuming the State is claiming these expenditures against the $2 million base allocation, the enhanced Federal matching rate would be 90 percent. Thus, the enhanced FFP amount would be $450,000 (90 percent of 500,000). However, the base allocation would not be reduced by the entire $450,000. Rather, for this claim the base allocation would be reduced by $200,000, which is 40 percent of $500,000. Forty percent represents the excess of the enhanced Federal matching rate amount (90 percent) above the usual Federal matching rate amount (50 percent). If the amount of the State's base allocation was at $2 million prior to this claim, there would be $1.8 million remaining after the claim ($2 million-$200,000). VI. Factors for Determining State Allotments We have established several factors that will be considered in determining the allotment for each State from the $500 million fund. We have divided the fund into two parts, an allocation of minimum State amounts and an allocation of the remainder of the fund. These two parts are discussed below. A. Base Allocation Amount The first part of the distribution will consist of a minimum allocation amount of $2 million set aside for each State, the District of Columbia and Puerto Rico. Guam and the Virgin Islands will receive a lesser amount proportionate to the level of their administrative expenditures. This base allocation recognizes that States will incur certain costs that will not vary by the size of their Medicaid programs. The total of the base allocations for all States and Territories is $104,352,470. B. Secondary Allocation Amount The amount of the $500 million fund remaining after distribution of the base allocations to each State will be allocated among the States according to a formula designed to ensure equity. As indicated in the previous section, the total base allocations for all States and Territories is $104,352,470. Therefore the total amount to be distributed to the States and Territories as secondary allocations is $395,647,530. This secondary allocation will be allocated based on the following four factors and weights. ------------------------------------------------------------------------ Weight Factor (percent) ------------------------------------------------------------------------ State AFDC-Related Caseload.................................. 60 State Medicaid Administrative Expenditures................... 20 SSI Childhood Disability Case Reevaluations.................. 10 SSI Immigrant Caseload....................................... 10 ------------------------------------------------------------------------ With respect to Factor 1, State AFDC-related caseload, each State was credited with the higher of their caseloads for FY 1995 and FY 1994, or the arithmetic average of their caseloads for FY 1992, FY 1993, and FY 1994. This served as the basis for allocating $237,388,518, which represents 60 percent of the States' total secondary allocations. With respect to Factor 2, State Medicaid administrative Expenditures, each State was credited with the higher of certain of its administrative expenditures related to these provisions for FY 1995, FY 1994, or the arithmetic average of its expenditures for FYs 1992, 1993, and 1994. Specifically, we are using a State's Medicaid administrative expenditures reported on its expenditure report (Form HCFA-64) in categories related to operation of systems, third party liability and assignment of rights activities, systems for verification of immigration status, outstationed eligibility workers, and other administrative costs Federally matched at 50 percent. This served as a basis for allocating $79,129,506, which represents 20 percent of the States' total secondary allocations. With respect to Factors 3 and 4, SSI childhood disability case reevaluations (in States requiring reevaluation under PWRORA) and SSI immigrant caseload, respectively, each State was credited with appropriate caseloads, as provided by the Social Security Administration for FY 1996. The caseload estimates are proxy estimates intended to show the relative administrative burden that each State agency faces under welfare reform. This served as the basis for allocating $39,564,753, which represents 10 percent of the State's total secondary allocations for each of Factors 3 and 4. The allocations for each State agency are as follows: State Allocations for Enhanced Matching ---------------------------------------------------------------------------------------------------------------- Base Secondary Total STATE allocation allocation allocation ---------------------------------------------------------------------------------------------------------------- Alabama......................................................... $2,000,000 $4,504,897 $6,504,897 Alaska.......................................................... 2,000,000 1,039,335 3,039,335 Arizona......................................................... 2,000,000 5,961,603 7,961,603 Arkansas........................................................ 2,000,000 3,095,513 5,095,513 California...................................................... 2,000,000 81,719,458 83,719,458 Colorado........................................................ 2,000,000 3,166,316 5,166,316 Connecticut..................................................... 2,000,000 3,756,737 5,756,737 Delaware........................................................ 2,000,000 801,757 2,801,757 Dis. Columbia................................................... 2,000,000 1,259,072 3,259,072 Florida......................................................... 2,000,000 20,262,23 22,262,239 Georgia......................................................... 2,000,000 9,591,549 11,591,549 Hawaii.......................................................... 2,000,000 1,435,742 3,435,742 [[Page 26549]] Idaho........................................................... 2,000,000 1,288,535 3,288,535 Illinois........................................................ 2,000,000 17,363,894 19,363,894 Indiana......................................................... 2,000,000 5,545,162 7,545,162 Iowa............................................................ 2,000,000 2,782,362 4,782,362 Kansas.......................................................... 2,000,000 2,496,386 4,496,386 Kentucky........................................................ 2,000,000 5,269,014 7,269,014 Louisiana....................................................... 2,000,000 7,029,185 9,029,185 Maine........................................................... 2,000,000 1,569,238 3,569,238 Maryland........................................................ 2,000,000 5,595,943 7,595,943 Massachusetts................................................... 2,000,000 7,463,490 9,463,490 Michigan........................................................ 2,000,000 13,975,445 15,975,445 Minnesota....................................................... 2,000,000 5,708,769 7,708,769 Missouri........................................................ 2,000,000 6,561,956 8,561,965 Mississippi..................................................... 2,000,000 4,617,604 6,617,604 Montana......................................................... 2,000,000 764,134 2,764,134 Nebraska........................................................ 2,000,000 1,308,247 3,308,247 Nevada.......................................................... 2,000,000 1,258,808 3,258,808 New Hampshire................................................... 2,000,000 875,952 2,875,952 New Jersey...................................................... 2,000,000 9,012,253 11,012,253 New Mexico...................................................... 2,000,000 2,860,333 4,860,333 New York........................................................ 2,000,000 35,034,556 37,034,556 North Carolina.................................................. 2,000,000 9,550,703 11,550,703 North Dakota.................................................... 2,000,000 537,922 2,537,922 Ohio............................................................ 2,000,000 14,909,161 16,909,161 Oklahoma........................................................ 2,000,000 3,938,082 5,938,082 Oregon.......................................................... 2,000,000 3,740,656 5,740,656 Pennsylvania.................................................... 2,000,000 15,553,339 17,553,339 Rhode Island.................................................... 2,000,000 1,459,771 3,459,771 South Carolina.................................................. 2,000,000 4,221,783 6,221,783 South Dakota.................................................... 2,000,000 642,597 2,642,597 Tennessee....................................................... 2,000,000 7,250,889 9,250,889 Texas........................................................... 2,000,000 25,523,806 27,523,806 Utah............................................................ 2,000,000 2,006,172 4,006,172 Vermont......................................................... 2,000,000 891,672 2,891,672 Virginia........................................................ 2,000,000 6,531,522 8,531,522 Washington...................................................... 2,000,000 8,443,170 10,443,170 West Virginia................................................... 2,000,000 3,420,593 5,420,593 Wisconsin....................................................... 2,000,000 5,023,766 7,023,766 Wyoming......................................................... 2,000,000 475,344 2,475,344 Guam............................................................ 176,235 94,204 270,439 Puerto Rico..................................................... 2,000,000 6,325,084 8,325,084 Virgin Islands.................................................. 176,235 131,810 308,045 ----------------------------------------------- Total....................................................... 104,352,470 395,647,530 500,000,000 ---------------------------------------------------------------------------------------------------------------- VII. Alternative Approaches We considered an alternative approach to set aside a portion of the variable amount of each State agency's allocation (for example, 20 percent) and earmark the funds for specified activities. States and intergovernmental groups did not support this approach because it restricted their flexibility to respond to their different circumstances across States. We also considered tying receipt of some or all of each State's allocation to successful performance in transitioning their determination of eligibility processes in response to their eligibility for cash assistance and TANF. States and intergovernmental groups also did not support this approach because it would restrict State flexibility. Furthermore, HCFA and the States and intergovernmental groups were not able to arrive at an appropriate measure which accurately correlated successful performance with receipt of allocation funds. VIII. Waiver of Proposed Notice and Delay in Effective Date While the Administrative Procedure Act generally requires a 30-day delayed effective date for all rules and also requires an opportunity for public comment prior to the effective date of a rule, it also provides that we may waive those procedures if we find good cause that notice and comment are impracticable, unnecessary, or contrary to the public interest. Similarly, title 5 U.S.C. 801 provides for a 60 day delayed effective date for a major rule until the later of the receipt by Congress of a report on the rule or publication of the rule in the Federal Register. This delay provides Congress with an opportunity to review a major rule prior to its implementation. However, title 5 U.S.C. 808 also provides that the rule may take effect without regard to the delay period if the agency finds good cause that notice and public procedure on the rule are impracticable, unnecessary, or contrary to the public interest. We are making the terms of this notice effective without publication of a proposed notice because we believe it would be impractical and contrary to public interest to delay its effective date in order to consider public comments. States have been implementing their TANF programs since the enactment of PRWORA and more States continue to do so each day. We believe that it is imperative that these States be able to receive the enhanced Federal matching funds as soon as possible so that they [[Page 26550]] are able to make an effective transition to the post-AFDC environment at the time they incur the additional administrative expenses resulting from the decoupling of Medicaid eligibility from receipt of cash assistance under title IV-A of the Act. Further delays in furnishing States with this funding could result in delays in making the determination that individuals are entitled to necessary medical services, with the attendant severe consequences for individuals who need them. It is also similarly important and in the public interest that States are able to conduct outreach efforts to prevent eligible needy individuals losing contact with the Medicaid program which they would otherwise have established because of its previous connection to cash assistance. Moreover, in developing the terms of this notice we have actively worked with intergovernmental and other interested groups to obtain their counsel. Accordingly, we find that good cause exists to waive prior notice and comment, the 30 day delay, and the 60 day delay for advance Congressional review. IX. Impact Statement Consistent with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 through 612), we prepare a regulatory flexibility analysis unless we certify that a notice such as this will not have a significant economic impact on a substantial number of small entities. For purposes of the RFA, individuals and States are not included in the definition of a small entity. In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a notice such as this may have a significant impact on the operations of a substantial number of small rural hospitals. Such an analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area and has fewer than 50 beds. The fund distribution announced by this notice is required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In addition, the amount of money involved, $500 million divided among 50 States, the District of Columbia, and 3 Territories over a period of 3 years will not have a significant effect on any State or Territory, or the Medicare program. For these reasons, we are not preparing analyses for either the RFA or section 1102(b) of the Act because we have determined, and we certify, that this notice will not have a significant economic impact on a substantial number of small entities or a significant impact on the operations of a substantial number of small rural hospitals. In accordance with the provisions of Executive Order 12866, this notice was reviewed by the Office of Management and Budget. Costs attributable to State activities covered by this notice will be paid for by Federal funds according to the matching rates outlined in the allocation formula analysis described earlier. Further, States will incur some additional costs based on the State share associated with these matching rates. X. Information Collection Requirements This document does not impose new information collection requirements that are subject to review by the Office of Management and Budget under the provisions of the Paperwork Reduction Act of 1995. States will be required to claim FFP for administrative expenditures attributable to the eligibility determination activities resulting from enactment of PRWORA. The only information that is required will be reported on existing Form HCFA-64. This form has been approved by the Office of Management and Budget under approval number 0938-0067, which expires on March 30, 1998. Authority: Secs. 1102 and 1931(h) of the Social Security Act (42 U.S.C. 1302 and 1396uu). (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) Dated: March 24, 1997. Bruce C. Vladeck, Administrator, Health Care Financing Administration. Dated: April 11, 1997. Donna E. Shalala, Secretary. [FR Doc. 97-12429 Filed 5-13-97; 8:45 am] BILLING CODE 4120-01-P