Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 59931

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 New Hampshire 

announcing an administrative hearing to 

reconsider the disapproval of its SPA 

reads as follows: Mr. John A. Stephen, 

Commissioner, Department of Health 

and Human Services, 129 Pleasant 

Street, Concord, NH 03301–3857 

Dear Mr. Stephen: I am responding to 

your request for reconsideration of the 

decision to disapprove New Hampshire 

State Plan Amendment (SPA) 04–001A, 

which the State submitted on March 31, 

2004. The SPA 04–001A sought to 

reduce the Estimated Acquisition Cost 

(EAC) for prescription drugs from 

Average Wholesale Price (AWP) minus 

12 percent to AWP minus 16 percent 

and the dispensing fee from $2.50 to 

$1.75 per prescription, effective for the 

period from January 12, 2004, to March 

11, 2004. The Centers for Medicare & 

Medicaid Services (CMS) reviewed this 

proposal, and for the reasons set forth 

below, was unable to approve SPA 04–

001A as submitted.

At issue is whether the requested 

effective date of January 12, 2004, is 

consistent with statutory and regulatory 

requirements. In a separate action, CMS 

approved SPA 04–001B, which made 

the same changes in the EAC and 

dispensing fee calculations, effective 

March 12, 2004. Section 1902(a)(30) of 

the Social Security Act (the Act) 

requires a state’s Medicaid state plan to 

provide such methods and procedures 

as may be necessary to ensure that 

payments are consistent with efficiency, 

economy, and quality of care. Under 

that authority, the Secretary has issued 

regulations prescribing state rate-setting 

procedures. Federal regulations at 42 

CFR 447.205(d) require public notice to 

be issued prior to the effective date of 

a significant change in any methods and 

standards for setting payment rates for 

services. The State did not issue a 

public notice for the proposed changes 

in payment methodology until March 

11, 2004. Therefore, the earliest that 

such changes could be effective is 

March 12, 2004. Based on the above, 

and after consultation with the 

Secretary as required under 42 CFR 

430.15(c)(2), CMS disapproved New 

Hampshire SPA 04–001A. 

I am scheduling a hearing for 

November 19, 2004, at 10 a.m., JFK 

Federal Building, Room E275A, Boston, 

Massachusetts 02203–0003, to 

reconsider the decision to disapprove 

SPA 04–001A. 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 

at 42 CFR part 430. I am designating Ms. 

Kathleen Scully-Hayes as the presiding 

officer. If these arrangements present 

any problems, please contact the 

presiding officer. In order to facilitate 

any communication that 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. The presiding officer may be 

reached at (410) 786–2055.

Sincerely, 

Mark B. McClellan, M.D., PhD.

Authority: Section 1116 of the Social 

Security Act (42 U.S.C. 1316); 42 CFR 430.18.

(Catalog of Federal Domestic Assistance 

Program No. 13.714, Medicaid Assistance 

Program)

Dated: September 27, 2004. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services.

[FR Doc. 04–22419 Filed 10–5–04; 8:45 am] 

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

SES Performance Review Board

ACTION: Notice.

SUMMARY: Notice is hereby given of the 

appointment of members of the CMS 

Senior Executive Service (SES) 

Performance Review Board.

DATES: Effective September 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Donna Mueller, Executive Resources 

Management Team, Baltimore Human 

Resources Center, Department of Health 

and Human Services, C2–12–16, 7500 

Security Boulevard, Baltimore, MD 

21244–1850, (410) 786–5554.

SUPPLEMENTARY INFORMATION: Section 

4314(c)(1) through (5) of Title 5, U.S.C., 

requires each agency to establish, in 

accordance with regulations prescribed 

by the Office of Personnel Management, 

one or more SES performance review 

boards. The purpose of the board is to 

provide fair and impartial review of the 

initial appraisal prepared by the senior 

executive’s immediate supervisor; to 

make recommendations to the 

appointing authority regarding the 

performance of the senior executive; 

and to make recommendations for 

monetary performance awards. 

Composition of the specific PRB will be 

determined on an ad hoc basis from 

among the individuals listed below:

Gale Arden, Director, Disabled and Elderly 

Health Program Group. 

Gary Bailey, Deputy Director for Health 

Plans, Center for Beneficiary Choices. 

Dara Bendavid, Director, Program Integrity 

Group. 

Judith Berek, Senior Advisor on National 

Policy Implementation. 

Charlene Brown, Deputy Director, Center for 

Medicaid and State Operations. 

Glenn Chaney, Director, Accounting 

Management Group. 

Rose Crum-Johnson, Atlanta Regional 

Administrator. 

Robert Donnelly, Director, Health Plan Policy 

Group. 

John Dyer, Chief Operating Officer. 

James Farris, Dallas Regional Administrator. 

Jeffrey Flick, San Francisco Regional 

Administrator. 

Robert Foreman, Director, Office of 

Legislation. 

Richard Foster, Chief Actuary/Director Office 

of the Actuary. 

Wallace Fung, Deputy Director (Technology). 

Jacqueline Garner, Chicago Regional 

Administrator. 

Edward Gendron, Director, Financial 

Systems Budget Group. 

Thomas Gustafson, Deputy Director, Center 

for Medicare Management. 

Stuart Guterman, Director, Office of 

Research, Development and Information. 

Thomas Hamilton, Director, Office of Survey 

and Certification. 

Kathleen Harrington, Director, Office of 

External Affairs. 

Timothy B. Hill, Director, Office of Financial 

Management. 

Gary Kavanagh, Director, Business Systems 

Operations Group. 

Carmen Keller, Director, Office of Medicare 

Adjudication. 

James Kerr, New York Regional 

Administrator. 

Thomas Kickham, Director, Partnership and 

Promotion Group. 

Herb Kuhn, Director, Center for Medicare 

Management. 

Mary Laureno, Director, Beneficiary 

Information Services Group. 

Timothy Love, Director, Office of Information 

Services. 

Gail McGrath, Director, Center for 

Beneficiary Choices. 

Michael McMullan, Deputy Director, Center 

for Beneficiary Choices. 

Regina McPhillips, Director, Beneficiary 

Education and Analysis Group. 

Solomon Mussey, Director, Office of 

Medicare and Medicaid Cost Estimates 

Group. 

Leslie V. Norwalk, Deputy Administrator, 

Chair. 

Kevin Piper, Director, Medicare Reform 

Implementation. 

Elizabeth Richter, Director, Hospital and 

Ambulatory Policy Group. 

Roy Ruff, Seattle Regional Administrator. 

Jean Sheil, Director, Family and Children’s 

Health Program Group. 

59932 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 

Dennis Smith, Director, Center for Medicaid 

and State Operations. 

Patricia Smith, Director, Health Plans 

Benefits Group. 

Stewart Streimer, Director, Provider Billing 

Group. 

Brenda Sykes, Deputy Director, Office of 

Operations Management. 

Deborah Taylor, Deputy Director, Office of 

Financial Management. 

Joe Tilghman, Kansas City Regional 

Administrator. 

Alexander Trujillo, Denver Regional 

Administrator. 

Sean Tunis, Director, Office of Clinical 

Standards and Quality. 

John Voorhees, Director, Office of Operations 

Management. 

Gerald Walters, Director, Financial Services 

Group. 

Jacqueline White, Director, Office of Strategic 

Operations and Regulatory Affairs. 

Laurence Wilson, Director, Chronic Care 

Policy Group. 

Charlotte Yeh, Boston Regional 

Administrator.

Dated: September 20, 2004. 

Leslie V. Norwalk, 

Deputy Administrator, Centers for Medicare 

& Medicaid Services.

[FR Doc. 04–22418 Filed 10–1–04; 11:46 am] 

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES

Food and Drug Administration

Request for Nominations for Voting 

Members of a Public Advisory 

Committee and Subcommittees

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Notice.

The Food and Drug Administration 

(FDA) is requesting nominations for 

voting members to serve on the Food 

Advisory Committee (the Parent 

Committee) and certain subcommittees 

of the Food Advisory Committee in 

FDA’s Center for Food Safety and 

Applied Nutrition (CFSAN). 

Nominations will be accepted for 

current vacancies and those that will or 

may occur through June 30, 2005.

FDA has special interest in ensuring 

that women, minority groups, and 

individuals with disabilities are 

adequately represented on advisory 

committees and, therefore, encourages 

nominations of qualified candidates 

from these groups.

DATES: Because scheduled vacancies 

occur on various dates throughout the 

year, no cutoff date is established for the 

receipt of nominations. However, when 

possible, nominations should be 

received at least 6 months before the 

date of scheduled vacancies for each 

year, as indicated in this document.

ADDRESSES: Send all nominations and 

curricula vitae to Carolyn Jeletic, Center 

for Food Safety and Applied Nutrition 

(HFS–6), Food and Drug 

Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740, 301–

436–2397, FAX: 301–436–2633, e-mail: 

Carolyn.Jeletic@cfsan.fda.gov.

SUPPLEMENTARY INFORMATION: FDA is 

requesting nominations of voting 

members for the vacancies listed in 

table 1 of this document.

I. Vacancies

FDA is requesting nominations of 

voting members for vacancies listed as 

follows:

TABLE 1.

Advisory Committee, Subcommittees, and Expertise Needed to Fill Vacancies 

Number of

Vacancies

Approximate Date

Members Are 

Needed

Food Advisory Committee (Parent Committee): Physical sciences; biological and life sciences; epidemiology; risk assessment; toxicology; nutrition; food science, technology, or engineering; medical and 

public health sciences; and other relevant scientific and technical disciplines 6 June 30, 2005.

Additives and Ingredients Subcommittee of the Food Advisory Committee: Toxicology and food chemistry 7 June 30, 2005.

Contaminants and Natural Toxicants Subcommittee of the Food Advisory Committee: Food science, 

food chemistry, food microbiology, toxicology, and risk analysis 4 June 30, 2005.

Dietary Supplements Subcommittee of the Food Advisory Committee: Biological sciences and medical, 

hospital, dental, and public health 5 June 30, 2005.

Infant Formula Subcommittee of the Food Advisory Committee: Biological sciences and medical, hospital, dental, and public health 3 June 30, 2005.

Food Biotechnology Subcommittee of the Food Advisory Committee: Food biotechnology 5 June 30, 2005.

Nutrition Subcommittee of the Food Advisory Committee: Biological sciences and medical, hospital, 

dental, and public health 1 June 30, 2005.

II. Functions

The Parent Committee provides 

advice primarily to the Director of 

CFSAN, and as needed, to the 

Commissioner of Food and Drugs, and 

other appropriate officials, on emerging 

food safety, food science, nutrition, and 

other food-related issues that FDA 

considers of primary importance for its 

food and cosmetics program. The Parent 

Committee may be charged with 

reviewing and evaluating available data 

and making recommendations on 

matters such as those relating to the 

following topics: (1) Broad scientific 

and technical food or cosmetic related 

issues, (2) the safety of new foods and 

food ingredients, (3) labeling of foods 

and cosmetics, (4) nutrient needs and 

nutritional adequacy, and (5) safe 

exposure limits for food contaminants. 

The Parent Committee also may be 

asked to provide advice and make 

recommendations on ways of 

communicating to the public the 

potential risks associated with these 

issues and on approaches that might be 

considered for addressing the issues.

III. Qualifications

Persons nominated for membership 

on the Parent Committee and 

subcommittees shall be knowledgeable 

in the fields of physical sciences,