Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 34711 

NOTIFICATION PROCEDURE: 

An individual may learn if a record 

exists about himself or herself by 

contacting the system manager at the 

above address. Requesters in person 

must provide driver’s license or other 

positive identification. Individuals who 

do not appear in person must either: (1) 

Submit a notarized request to verify 

their identity; or (2) certify that they are 

the individuals they claim to be and that 

they understand that the knowing and 

willful request for or acquisition of a 

record pertaining to an individual under 

false pretenses is a criminal offense 

under the Privacy Act subject to a 

$5,000 fine. 

An individual who requests 

notification of or access to medical 

records shall, at the time the request is 

made, designate in writing a responsible 

representative who is willing to review 

the record and inform the subject 

individual of its contents at the 

representative’s discretion. A subject 

individual will be granted direct access 

to a medical record if the system 

manager determines direct access is not 

likely to have adverse effect on the 

subject individual. 

The following information must be 

provided when requesting notification: 

(1) Full name; (2) the approximate date 

and place of the study, if known; and (3) 

nature of the questionnaire or study in 

which the requester participated. 

RECORD ACCESS PROCEDURES: 

Same as notification procedures. 

Requesters should also reasonably 

specify the record contents being 

sought. An accounting of disclosures 

that have been made of the record, if 

any, may be requested. 

CONTESTING RECORD PROCEDURES: 

Contact the official at the address 

specified under System Manager above, 

reasonably identify the record and 

specify the information being contested, 

the corrective action sought, and the 

reasons for requesting the correction, 

along with supporting information to 

show how the record is inaccurate, 

incomplete, untimely, or irrelevant. 

RECORD SOURCE CATEGORIES: 

For research studies, vital status 

information is obtained from Federal, 

State and local governments and other 

available sources selected from those 

listed in Appendix I, but information is 

obtained directly from the individual 

and employer records, whenever 

possible. EEOICPA records are obtained 

from the individual subject and the 

employer’s records. WTC Health 

Program Records are obtained from 

individual applicants and enrollees, 

from medical providers who have 

treated eligible individuals, and from 

data centers that are repositories of 

demographic and clinical information 

about WTC responders and survivors. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

Appendix I—Potential Sources for 

Determination of Health Status, Vital 

Status and/or Last Known Address 

Military records 

Appropriate State Motor Vehicle Registration 

Departments 

Appropriate State Driver’s License 

Departments 

Appropriate State Government Division of: 

Assistance Payments (Welfare), Social 

Services, Medical Services, Food Stamp 

Program, Child Support, Board of 

Corrections, Aging, Indian Affairs, 

Worker’s Compensation, Disability 

Insurance 

Retail Credit Association follow-up 

Veterans Administration files 

Appropriate employee union or association 

records 

Appropriate company pension or 

employment records 

Company group insurance records 

Appropriate State Vital Statistics Offices 

Life insurance companies 

Railroad Retirement Board 

Area nursing homes 

Area Indian Trading Posts 

Mailing List Correction Cards (U.S. Postal 

Service) 

Letters and telephone conversations with 

former employees of the same 

establishment as cohort member 

Appropriate local newspaper (obituaries) 

Social Security Administration 

Internal Revenue Service 

National Death Index 

Centers for Medicare & Medicaid Services 

Pension Benefit Guarantee Corporation 

State Disease Registries 

Commercial Telephone Directories 

[FR Doc. 2011–14807 Filed 6–10–11; 4:15 pm] 

BILLING CODE 4163–18–P 

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 


srobinson on DSK4SPTVN1PROD with NOTICES
34712 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 

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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–5501–N2] 

Medicare Program; Pioneer 

Accountable Care Organization Model; 

Extension of the Submission 

Deadlines for the Letters of Intent and 

Applications 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of extension of 

deadlines. 

SUMMARY: This notice extends the 

deadlines for the submission of the 

Pioneer Accountable Care Organization 

Model letters of intent to June 30, 2011 

and the applications to August 19, 2011. 

DATES: Letter of Intent Submission 

Deadline: Interested organizations must 

submit a non-binding letter of intent by 

June 30, 2011 as described on the 

Innovation Center Web site at http:// 

innovations.cms.gov/areas-of-focus/ 

seamless-and-coordinated-care-models/ 

pioneer-aco. 

Application Submission Deadline: 

Applications must be postmarked on or 

before August 19, 2011. The Pioneer 

Accountable Care Organization Model 


srobinson on DSK4SPTVN1PROD with NOTICES