```

[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34711-34712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14674]

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

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.

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

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]
BILLING CODE P
```