[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67181-67182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26993]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
Centers for Medicare & Medicaid Services
Notice of Hearing: Reconsideration of Disapproval of Michigan
State Plan Amendment (SPA) 07-21
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
January 6, 2009, at the CMS Chicago Regional Office, 233 N. Michigan
Avenue, Suite 600, Chicago, Illinois 60601 to reconsider CMS' decision
to disapprove Michigan SPA 07-21.
CLOSING DATE: Requests to participate in the hearing as a party must be
received by the presiding officer by November 28, 2008.
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 Michigan SPA 07-21
which was submitted on December 28, 2007, and disapproved on September
2, 2008.
[[Page 67182]]
Under this SPA, the State indicated that it would provide for the
implementation of an estate recovery program under sections 1902(a)(18)
and 1917(b) of the Social Security Act (the Act). CMS issued a request
for additional information on March 5, 2008, which included a request
for information about the State's projected cost savings resulting from
implementation of the estate recovery program. In discussions with CMS
regarding submission of SPA 07-21, State officials stated that these
projected cost savings estimates would require revision because the
estate recovery program had in fact not yet become operational. The
State did not provide additional information indicating when and to
what extent it would come into compliance with sections 1902(a)(18) and
1917(b) of the Act. Thus, the State's overall submission did not
provide sufficient detail or information for us to determine that the
State has an estate recovery program that meets statutory requirements.
Based on the above, and after consultation with the Secretary of
the Department of Health and Human Services as required under Federal
regulations at 42 CFR 430.15(c)(2), CMS disapproved Michigan Medicaid
SPA 07-21.
The hearing will involve the following issues:
Whether the State complied with the statutory requirements
to implement an estate recovery program; and
Whether the State has provided the information necessary
for CMS to determine whether the plan can be approved to serve as a
basis for Federal financial participation.
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 Michigan announcing an administrative hearing to
reconsider the disapproval of its SPA reads as follows:
Mr. Paul Reinhart, Director, Medical Services Administration,
Department of Community Health, 400 South Pine, Lansing, MI 48933.
Dear Mr. Reinhart: I am responding to your request for
reconsideration of the decision to disapprove the Michigan State
plan amendment (SPA) 07-21, which was submitted on December 28,
2007, and disapproved on September 2, 2008.
Under this SPA, the State indicated that it would provide for
the implementation of an estate recovery program under sections
1902(a)(18) and 1917(b) of the Social Security Act (the Act). The
Centers for Medicare & Medicaid Services (CMS) issued a request for
additional information on March 5, 2008, which included a request
for information about the State's projected cost savings resulting
from implementation of the estate recovery program. In discussions
with CMS regarding submission of SPA 07-21, State officials stated
that these projected cost savings estimates would require revision
because the estate recovery program had in fact not yet become
operational. The State did not provide additional information
indicating when and to what extent it would come into compliance
with sections 1902(a)(18) and 1917(b) of the Act. Thus, the State's
overall submission did not provide sufficient detail or information
for us to determine that the State has an estate recovery program
that meets statutory requirements. Based on the above, and after
consultation with the Secretary of the Department of Health and
Human Services as required under Federal regulations at 42 CFR
430.15(c)(2), CMS disapproved Michigan Medicaid SPA 07-21.
The issues to be considered at the hearing are:
Whether the State complied with the statutory
requirements to implement an estate recovery program; and
Whether the State has provided the information
necessary for CMS to determine whether the plan can be approved to
serve as a basis for Federal financial participation.
I am scheduling a hearing on your request for reconsideration to
be held on January 6, 2009, at the CMS Chicago Regional Office, 233
N. Michigan Avenue, Suite 600, Chicago, Illinois 60601, in order to
reconsider the decision to disapprove SPA 07-21. If this date is not
acceptable, we would be glad to set another date that is mutually
agreeable to the parties. 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
provide names of the individuals who will represent the State at the
hearing.
Sincerely,
Kerry Weems,
Acting Administrator.
Section 1116 of the Social Security Act (42 U.S.C. section 1316; 42
CFR section 430.18)
(Catalog of Federal Domestic Assistance program No. 13.714, Medicaid
Assistance Program.)
Dated: November 7, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E8-26993 Filed 11-12-08; 8:45 am]
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