71816 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Notices 

Other Matters 

Discussion 

9:30 a.m.—Invited Speakers 

Peter Rowe, MD 

Professor, Johns Hopkins Children’s 

Center 

General Pediatrics and Adolescent 

Medicine 

Chronic Fatigue Syndrome 

Discussion 

Chelsa Morgan 

Florida 

CFS: A Dilemma Facing Young People 

Discussion 

10:30 a.m.—Break 

10:45 a.m.—Invited Speakers 

Betty McConnell 

New Jersey Chronic Fatigue 

Syndrome, Inc. 

CFS: Pediatric Education 

Discussion 

American Academy of Pediatrics 

(Invited) 

CFS: The AAP Perspective 

Discussion 

11:30 a.m.—Public Comment 

12 noon—Lunch Break 

1 p.m.—Ex Officio Member Updates 

Discussion 

Recommendations Update 

Discussion 

Subcommittee Updates 

Disabilities: Lyle Lieberman, Chair 

Education: Dr. Robert Patarca, Chair 

Research: Dr. Nahid Mohagheghpour, 

Chair 

Discussion 

2:45 p.m.—Break 

3 p.m.—New and Other CFS-related 

Matters 

4 p.m.—Public Comment 

4:30 p.m.—Wrap-up 

5 p.m.—Adjournment 

Public attendance at the meeting is 

limited to space available. Individuals 

must provide a photo ID for entry into 

the meeting. Individuals who plan to 

attend and need special assistance, such 

as sign language interpretation or other 

reasonable accommodations, should 

notify the designated contact person. 

Members of the public will have the 

opportunity to provide comments at the 

meeting. Pre-registration is required for 

public comment by December 27, 2004. 

Any individual who wishes to 

participate in the public comment 

session should call the telephone 

number listed in the contact information 

to register. Public comment will be 

limited to five minutes per speaker. Any 

members of the public who wish to have 

printed material distributed to CFSAC 

members should submit materials to the 

Executive Secretary, CFSAC, whose 

contact information is listed above prior 

to close of business December 27, 2004.

Dated: November 24, 2004. 

Larry E. Fields, 

Executive Secretary, Chronic Fatigue 

Syndrome Advisory Committee.

[FR Doc. 04–27118 Filed 12–9–04; 8:45 am] 

BILLING CODE 4150–28–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare and Medicaid 

Services 

[Document Identifier: CMS–10115, CMS–

10123 & 10124, CMS–R–211, CMS–2552, and 

CMS–10048] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request.

AGENCY: Centers for Medicare and 

Medicaid Services. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Centers for Medicare and Medicaid 

Services (CMS) (formerly known as the 

Health Care Financing Administration 

(HCFA)), Department of Health and 

Human Services, is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

1. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Federal Funding 

of Emergency Health Services (Section 

1011): Enrollment Application; Use:

These information collections will allow 

hospitals and other providers to enroll 

to receive payment for Section 1011 

claim submissions. Section 1011 

provides $250 million per year for fiscal 

years 2005–2008 for payments to 

eligible providers for emergency health 

services provided to undocumented 

aliens and other specified aliens; Form 

Number: CMS–10115 (OMB#: 0938–

0929); Frequency: Other: as needed; 

Affected Public: Business or other forprofit, Not-for-profit institutions, and 

State, Local or Tribal Govt.; Number of 

Respondents: 62,500; Total Annual 

Responses: 62,500; Total Annual Hours:

31,250. 

2. Type of Information Collection 

Request: New Collection; Title of 

Information Collection: Expedited 

Review Notices and Supporting 

Regulations contained in 42 CFR 

Sections 405.1200 and 405.1202; Use:

These notices are used to inform 

beneficiaries that their provider services 

will end, and to provide beneficiaries 

who request an expedited determination 

with detailed information of why the 

services should end; Form Numbers:

CMS–10123 & 10124 (OMB#: 0938–

NEW); Frequency: On occasion; 

Affected Public: Individuals or 

Households, Business or other for-profit, 

and Not-for-profit institutions; Number 

of Respondents: 4,200,000; Total 

Annual Responses: 4,200,000; Total 

Annual Hours: 379,400. 

3. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Model 

Application Template for State Child 

Health Plan Under Title XXI of the 

Social Security Act, State Children’s 

Health Insurance Program, and Model 

Application Template and Instructions; 

Use: States are required to submit Title 

XXI plans and amendments for approval 

by the Secretary pursuant to section 

2102 of the Social Security Act in order 

to receive funds for initiating and 

expanding health insurance coverage for 

uninsured children. The model 

application template is used to assist 

States in submitting a State Child Health 

Plan and amendments to that plan; 

Form Number: CMS–R–211 (OMB#: 

0938–0707); Frequency: Quarterly and 

Annually; Affected Public: State, Local 

or Tribal Govt.; Number of Respondents:

40; Total Annual Responses: 40; Total 

Annual Hours: 3,200.

4. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Hospital and 

Health Care Complexes Cost Report and 

Supporting Regulations in 42 CFR 

413.20 and 413.24; Use: This form is 

completed by Hospitals and Health Care 

Complexes participating in the 

Medicare program. Hospitals and Health 

Care Complexes use this form to report 

the health care costs for services they 

provide. The information reported on 

this form is used by CMS to determine 

the amount of reimbursable costs for 

services rendered to Medicare 

beneficiaries. The revisions to this form 

contain the provisions for implementing 

section 422 of the MMA. Section 422 

deals with the calculation of GME and 

IME payments for redistribution of 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Notices 71817

unused resident slots; Form Number:

CMS–2552–96 (OMB# 0938–0050); 

Frequency: Annually; Affected Public:

Business or other for-profit, Not-forprofit institutions, and State, Local or 

Tribal Government; Number of 

Respondents: 6,111; Total Annual 

Responses: 6,111; Total Annual Hours:

4,046,782. 

5. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Application 

Template for Health Insurance 

Flexibility and Accountability (HIFA) 

Section Demonstration Proposal; Use:

The HIFA Initiative affords states an 

opportunity to expand coverage to the 

uninsured under Social Security Act 

Section 1115 demonstrations authority. 

States will be able to use Medicaid and 

State Child Health Insurance Program 

funds in concert with private insurance 

options to expand coverage to lowincome uninsured individuals with a 

focus on those with income at or below 

200 percent of the Federal poverty level. 

The model demonstration application 

will facilitate State efforts in designing 

programs to cover the uninsured; Form 

Number: CMS–10048 (OMB# 0938–

0848); Frequency: Other: renewal every 

5 yrs.; Affected Public: State, Local or 

Tribal Government; Number of 

Respondents: 10; Total Annual 

Responses: 9; Total Annual Hours: 42. 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, access CMS’ Web Site 

address at http://www.cms.hhs.gov/

regulations/pra/, or E-mail your request, 

including your address, phone number, 

OMB number, and CMS document 

identifier, to Paperwork@cms.hhs.gov, 

or call the Reports Clearance Office on 

(410) 786–1326. 

Written comments and 

recommendations for the proposed 

information collections must be mailed 

within 60 days of this notice directly to 

the CMS Paperwork Reduction Act 

Reports Clearance Officer designated at 

the address below: CMS, Office of 

Strategic Operations and Regulatory 

Affairs, Division of Regulations 

Development, Attention: Melissa 

Musotto, Room C5–14–03, 7500 

Security Boulevard, Baltimore, 

Maryland 21244–1850.

Dated: December 3, 2004. 

John P. Burke, III, 

CMS Paperwork Reduction Act Reports 

Clearance Officer, Office of Strategic 

Operations and Regulatory Affairs, 

Regulations Development Group.

[FR Doc. 04–27145 Filed 12–9–04; 8:45 am] 

BILLING CODE 4120–03–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Notice of Hearing: Reconsideration of 

Disapproval of Oklahoma State Plan 

Amendment (SPA) 03–26

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS.

ACTION: Notice of hearing.

SUMMARY: This notice announces an 

administrative hearing on January 14, 

2005, at 10 a.m., 1301 Young Street, 

Room 1113, Dallas, Texas 75202, to 

reconsider our decision to disapprove 

Oklahoma’s Medicaid State Plan 

Amendment (SPA) 03–26.

DATES: Requests to participate in the 

hearing as a party must be received by 

the presiding officer by December 27, 

2004.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scully-Hayes; Presiding 

Officer, CMS, Lord Baltimore Drive; 

Mail Stop LB–23–20, Baltimore, 

Maryland 21244, Telephone: 410–786–

2055.

SUPPLEMENTARY INFORMATION: This 

notice announces an administrative 

hearing to reconsider CMS’ decision to 

disapprove Oklahoma’s Medicaid State 

Plan Amendment (SPA) 03–26. 

Oklahoma submitted SPA 03–26 on 

January 2, 2004. This SPA would 

modify language regarding the ratesetting process for inpatient and 

outpatient hospital services. 

Specifically, this SPA would provide for 

supplemental payments to hospitals 

located in hospital districts pursuant to 

the Oklahoma Hospitals Public Trust 

and Authority Act. 

The Centers for Medicare & Medicaid 

Services (CMS) was unable to approve 

SPA 03–26 because the SPA did not 

comply with sections 1902(a), 1902 

(a)(19), 1903(w), and 1905(b) of the 

Social Security Act (the Act). 

The payments proposed under SPA 

03–26 would be funded through 

transfers from the Tulsa Hospital Public 

Trust Authority (THPTA) that CMS has 

determined are not consistent with the 

provisions of sections 1903(w)(1) and 

1902(a) of the Act. Although the State 

has indicated that State law recognizes 

any such entity as a ‘‘government entity 

* * * with powers of government,’’

State law specifically withholds the 

governmental powers that are 

characteristic of a unit of government. 

THPTA is an association of hospitals 

(formed by the action of hospitals and 

with a board controlled by hospitals) 

that has no powers of taxation, or police 

or business regulation, and is not a subunit of the State government or any 

other local government that exercises 

such powers. While it has the power to 

impose assessments on member 

hospitals, the State has indicated that 

Oklahoma law specifically indicates 

that this power is not taxation. THPTA 

more closely resembles a private 

association that collects dues from its 

members. As a result, CMS has 

concluded that THPTA is not within the 

scope of a ‘‘unit of government,’’ and its 

assessments are not within the scope of 

‘‘state or local taxes’’ as those terms are 

used under section 1903(w)(6) of the 

Act. Transfers of funds made by THPTA 

would thus not qualify for protected 

status under section 1903(w)(6)of the 

Act. Absent protected status, THPTA is 

within the definition of a providerrelated entity under section 1903(w)(7) 

of the Act. As such, the transfers are 

subject to the provider-related donation 

requirements in section 1903(w)(l) of 

the Act and the implementing 

regulations in 42 CFR Part 433. Under 

those provisions, because payment of 

supplemental payments to member 

hospitals (the provider class) is 

contingent upon the receipt of 

donations from a provider-related 

entity, there is a hold harmless 

arrangement and the donation is not 

‘‘bona fide,’’ as set forth in 42 CFR 

433.54. Under section 1903(w)(l) of the 

Act, a donation that is not bona fide 

cannot be recognized as the non-Federal 

share of Medicaid expenditures that is 

required under section 1902(a) of the 

Act. 

Nor is SPA 03–26 consistent with the 

requirement of section 1902(a)(19) of the 

Act that care and services will be 

provided consistent with ‘‘simplicity of 

administration and the best interests of 

the recipients.’’ The best interest of 

recipients is not served by a payment 

structure that is designed primarily to 

divert Medicaid payments from the 

providers to the State, and to shift 

financial burdens from the State to the 

Federal Government. The best interest 

of recipients requires that the full 

amount of Medicaid payments should 

be available to support access to quality 

care and services. 

Finally, section 1905(b) of the Act 

specifies how the Federal medical 

assistance percentage (FMAP) will be 

calculated for states. This section clearly 

illustrates Congress’ intentions as to 

how the financial partnership of the 

Medicaid program should operate. The 

formula in this cite clearly and 

explicitly states that the FMAP for any 

state shall be 100 per centum less the 

state percentage, and then further