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Federal Register / Vol. 70, No.

182 / Wednesday, September 21, 2005 / Notices 55401

vaccines or future common protein validity and quality of dose reconstruction FOR FURTHER INFORMATION CONTACT:
pneumococcal vaccines. efforts performed for this Program; and (c) Kathleen Scully-Hayes, Presiding
Inventors: Maria da Gloria Carvalho, upon request by the Secretary, HHS, advise Officer, CMS, Lord Baltimore Drive,
Jacquelyn S. Sampson, Edwin W. Ades, the Secretary on whether there is a class of
Mail Stop LB–23–20, Baltimore,
employees at any Department of Energy
George Carlone and Karen McCaustland, facility who were exposed to radiation but for Maryland 21244, Telephone: (410) 786–
CDC Ref. #: I–001–05. whom it is not feasible to estimate their 2055.
Dated: September 9, 2005. radiation dose, and on whether there is SUPPLEMENTARY INFORMATION: This
James D. Seligman, reasonable likelihood that such radiation notice announces an administrative
doses may have endangered the health of hearing to reconsider CMS’ decision to
Associate Director for Program Services,
members of this class. disapprove Oklahoma State Plan
Centers for Disease Control and Prevention.
Matters to be Discussed: The agenda for
[FR Doc. 05–18791 Filed 9–20–05; 8:45 am] Amendment (SPA) 04–06, which was
this working group meeting will focus on the
BILLING CODE 4163–18–P discussions of Site Profile Reviews, submitted on September 23, 2004.
particularly Bethlehem Steel, Y–12, and the Under SPA 04–06, Oklahoma sought to
Savannah River Site; discussions of Task 3 of increase the per diem rate for residential
DEPARTMENT OF HEALTH AND the contract with S. Cohen & Associates behavioral management services
HUMAN SERVICES (SC&A) Review; and other SC&A Review provided to children residing in
activities. therapeutic foster care homes. By letter
Centers for Disease Control and The agenda is subject to change as dated June 20, 2005, CMS disapproved
Prevention priorities dictate. the SPA because it does not comport
In the event a member of the working
with the requirements set forth in title
National Institute for Occupational group cannot attend, written comments may
be submitted. Any written comments XIX of the Social Security Act (the Act)
Safety and Health Advisory Board on as discussed below:
received will be provided at the meeting and
Radiation and Worker Health At issue in this reconsideration is
should be submitted to the contact person
In accordance with section 10(a)(2) of below well in advance of the meeting. whether the State’s payment
the Federal Advisory Committee Act Contact Person for More Information: Dr. methodology complies with section
(Pub. L. 92–463), the Centers for Disease Lewis V. Wade, Executive Secretary, NIOSH, 1902(a)(4) of the Act, which requires
CDC, 4676 Columbia Parkway, Cincinnati, that the State plan must provide for
Control and Prevention (CDC)
Ohio 45226. Telephone: (513) 533–6825, fax: such methods of administration as are
announces the following committee (513) 533–6826.
meeting: found by the Secretary to be necessary
The Director, Management Analysis and
Services Office, has been delegated the for the proper and efficient
Name: Working Group of the Advisory
Board on Radiation and Worker Health authority to sign Federal Register notices administration of the plan. The
(ABRWH), National Institute for pertaining to announcements of meetings and regulations at 42 CFR 430.10 and 430.12
Occupational Safety and Health (NIOSH). other committee management activities for require that the State plan and
Time and Date: 10 a.m.–5 p.m., October 6, both CDC and the Agency for Toxic amendments contain all information
2005. Substances and Disease Registry. necessary for the CMS to determine
Place: Westin Cincinnati Hotel, 21 E. 5th Dated: September 16, 2005. whether the plan can be approved to
Street, Cincinnati, Ohio 45202. Telephone: serve as a basis for Federal financial
(513) 621–7700; Fax: (513) 852–5670. Alvin Hall,
Director, Management Analysis and Services participation in the State program. The
Status: Open to the public, but without a
public comment period. Office, Centers for Disease Control and State’s payment methodology is not
Background: The ABRWH was established Prevention. explained in sufficient detail for CMS to
under the Energy Employees Occupational [FR Doc. 05–18905 Filed 9–20–05; 8:45 am] determine whether the proposed
Illness Compensation Program Act BILLING CODE 4163–18–P
increase is consistent with proper and
(EEOICPA) of 2000 to advise the President, efficient administration of the plan, as
delegated to the Secretary of Health and required by section 1902(a)(4).
Human Services (HHS), on a variety of policy Also at issue is whether an increase
and technical functions required to
DEPARTMENT OF HEALTH AND
HUMAN SERVICES in the State’s per diem rate is consistent
implement and effectively manage the new
compensation program. Key functions of the
with section 1902(a)(30)(A) of the Act,
Board include providing advice on the Centers for Medicare and Medicaid which requires that States have methods
development of probability of causation Services and procedures to ensure that payments
guidelines which have been promulgated by are consistent with efficiency, economy,
HHS as a final rule, advice on methods of Notice of Hearing: Reconsideration of and quality of care. The State’s per diem
dose reconstruction which have also been Disapproval of Oklahoma State Plan rate represents a bundled payment
promulgated by HHS as a final rule, advice Amendment 04–06 methodology wherein the State pays a
on the scientific validity and quality of dose single rate for one or more of a group of
estimation and reconstruction efforts being AGENCY: Centers for Medicare and
performed for purposes of the compensation Medicaid Services (CMS), HHS. different services furnished to an
program, and advice on petitions to add ACTION: Notice of hearing.
eligible individual during a fixed period
classes of workers to the Special Exposure of time. The payment is the same
Cohort (SEC). SUMMARY: This notice announces an regardless of the number of services
In December 2000, the President delegated administrative hearing to be held on furnished, the specific costs, or
responsibility for funding, staffing, and October 27, 2005, at 9 a.m. in otherwise available rates. The State has
operating the Board to HHS, which Conference Room 820, 1301 Young not provided sufficient information to
subsequently delegated this authority to CDC. Street, Dallas, Texas, to reconsider our determine whether the bundled rate for
NIOSH implements this responsibility for behavioral management services, and
CDC.
decision to disapprove Oklahoma State
Purpose: This board is charged with (a) Plan Amendment 04–06. the proposed increase, accurately reflect
providing advice to the Secretary, HHS, on Closing Date: Requests to participate true costs or reasonable fees for the
the development of guidelines under in the hearing as a party must be services included in the bundle, and
Executive Order 13179; (b) providing advice received by the presiding officer by whether the proposed increase in
to the Secretary, HHS, on the scientific October 6, 2005. Medicaid payment is due to permissible

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55402 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices

increases in costs of Medicaid services such methods of administration as are found (Catalog of Federal Domestic Assistance
specifically. by the Secretary to be necessary for the Program No. 13.714, Medicaid Assistance
In summary, the State lacks a clear proper and efficient administration of the Program)
and auditable methodology for setting plan. The regulations at sections 42 CFR Dated: September 15, 2005.
the payment rate and justifying the 430.10 and 430.12 require that the State plan Mark B. McClellan,
and amendments contain all information
proposed payment increase consistent necessary for CMS to determine whether the
Administrator, Centers for Medicare &
with the requirement of sections Medicaid Services.
plan can be approved to serve as a basis for
1902(a)(4) and 1902(a)(30)(A). Federal financial participation in the State [FR Doc. 05–18843 Filed 9–20–05; 8:45 am]
For the reasons cited above, and after program. The State’s payment methodology BILLING CODE 4120–01–P
consulting with the Secretary of Health is not explained in sufficient detail for CMS
and Human Services, as required by to determine whether the proposed increase
Federal regulations at 42 CFR is consistent with proper and efficient DEPARTMENT OF HEALTH AND
430.15(c)(2), CMS disapproved administration of the plan, as required by HUMAN SERVICES
Oklahoma SPA 04–06. section 1902(a)(4).
Section 1116 of the Act and Federal Also at issue is whether an increase in the Administration for Children and
regulations at 42 CFR part 430, establish State’s per diem rate is consistent with Families
section 1902(a)(30)(A) of the Act, which
Department procedures that provide an
requires that States have methods and Proposed Information Collection
administrative hearing for procedures to assure that payments are Activity; Comment Request
reconsideration of a disapproval of a consistent with efficiency, economy, and
State plan or plan amendment. CMS is quality of care. The State’s per diem rate Proposed Projects:
required to publish a copy of the notice represents a bundled payment methodology Title: Evaluation of Child Care
to a State Medicaid agency that informs wherein the State pays a single rate for one Subsidy Strategies.
the agency of the time and place of the or more of a group of different services OMB No.: New Collection.
hearing, and the issues to be considered. furnished to an eligible individual during a Description: To conduct four
If we subsequently notify the agency of fixed period of time. The payment is the experiments to test aspects of the child
additional issues that will be considered same regardless of the number of services care subsidy system. Two simultaneous
furnished, or the specific costs, or otherwise experiments will occur in Cook County,
at the hearing, we will also publish that
available rates. The State has not provided Illinois; one will occur in Washington
notice. sufficient information to determine whether
Any individual or group that wants to State; and one will occur in
the bundled rate for behavioral management
participate in the hearing as a party Massachusetts.
services, and the proposed increase,
must petition the presiding officer Illinois. The State of Illinois has
accurately reflect true costs or reasonable fees
within 15 days after publication of this for the services included in the bundle and agreed to conduct two simultaneous
notice, in accordance with the whether the proposed increase in Medicaid experiments, which will occur in Cook
requirements contained at 42 CFR payment is due to permissible increases in County. The first will test the impact of
430.76(b)(2). Any interested person or costs of Medicaid services specifically. receiving a child care subsidy on
organization that wants to participate as In summary, the State lacks a clear and parental employment and income, and
auditable methodology for setting the on the stability of child care
amicus curiae must petition the payment rate and justifying the proposed
presiding officer before the hearing arrangements; the second experiment
payment increase consistent with the will test the impact of losing a subsidy
begins in accordance with the requirement of sections 1902(a)(4) and
requirements contained at 42 CFR on the same set of outcomes. For the
1902(a)(30)(A).
430.76(c). If the hearing is later first experiment, families with incomes
For the reasons cited above, and after
rescheduled, the presiding officer will consulting with the Secretary of Health and above the current income eligibility
notify all participants. Human Services, as required by Federal ceiling who apply for subsidies will be
The notice to Oklahoma announcing regulations at 42 CFR section 430.15(c)(2), approved to receive subsidies. In the
an administrative hearing to reconsider CMS disapproved Oklahoma SPA 04–06. second experiment, families in the
the disapproval of its SPA reads as I am scheduling a hearing to be held on treatment group with incomes above the
October 27, 2005, at 9 a.m. at 1301 Young eligibility ceiling who apply to be
follows: Street, Conference Room 820, Dallas, Texas, recertified to continue using subsidies
Mr. Howard J. Pallotta, to reconsider the decision to disapprove SPA will remain eligible. In addition, each
General Counsel, 04–06. If this date is not acceptable, we experiment will test the effects of a
Oklahoma Health Care Authority, would be glad to set another date that is
mutually agreeable to the parties. The
longer certification period by certifying
Lincoln Plaza, 4545 N. Lincoln Boulevard, eligibility for some families for six
Suite 124, Oklahoma City, OK 73105. hearing will be governed by the procedures
prescribed at 42 CFR part 430. months and other families for one year.
Dear Mr. Pallotta: I am responding to your Families in the two treatment groups
request for reconsideration of the decision to I am designating Ms. Kathleen Scully-
disapprove Oklahoma State plan amendment Hayes as the presiding officer. If these will retain eligibility for subsidies over
(SPA) 04–06, which was submitted on arrangements present any problems, please the two-year study period, provided
September 23, 2004, and disapproved on contact the presiding officer. In order to their income remains below the
June 20, 2005. facilitate any communication which may be experimental limit and they comply
Under SPA 04–06, Oklahoma sought to necessary between the parties to the hearing, with other requirements (e.g., continue
increase the per diem rate for residential please notify the presiding officer to indicate
acceptability of the hearing date that has
to work). Outcomes will be measured
behavioral management services provided to through administrative records and
children residing in therapeutic foster care been scheduled and provide names of the
individuals who will represent the State at periodic interviews with parents.
homes. The Centers for Medicare & Medicaid Washington. In Washington State, the
Services (CMS) disapproved the SPA because the hearing. The presiding officer may be
reached at (410) 786–2055. study will test a co-payment schedule
it does not comport with the requirements set
forth in title XIX of the Act. Sincerely, that smoothes out what are currently
At issue in this reconsideration is whether Mark B. McClellan, M.D., Ph.D. abrupt increases in co-payments that
the State’s payment methodology complies Section 1116 of the Social Security Act (42 occur when a family moves from one
with section 1902(a)(4) of the Act, which U.S.C. section 1316); 42 CFR section income category to the next and reduces
requires that the State plan must provide for 430.18. the co-payment burden for many

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