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[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21329-21337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8498]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-2309-N]
RIN 0938-AP90

Medicaid Program; State Allotments for Payment of Medicare Part B 
Premiums for Qualifying Individuals: Federal Fiscal Year 2009 and 
Federal Fiscal Year 2010

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice.

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SUMMARY: This notice sets forth final allotments available to States to 
pay the Medicare Part B premiums for Qualifying Individuals (QIs) for 
the Federal fiscal year (FY) 2009 and the preliminary QI allotments for 
FY 2010. The amounts of these QI allotments were determined in 
accordance with the methodology set forth in regulations, as amended in 
the Federal Register published on November 24, 2008, and reflect 
funding for the QI program made available under recent legislation.

DATES: Effective dates: The final QI allotments for payment of Medicare 
Part B premiums for FY 2009 are effective October 1, 2008. The 
preliminary QI allotments for FY 2010 are effective October 1, 2009.

FOR FURTHER INFORMATION CONTACT: Richard Strauss, (410) 786-2019.

SUPPLEMENTARY INFORMATION:

I. Background

A. History of the QI Program

    Section 1902 of the Social Security Act (the Act) sets forth the 
requirements for State plans for medical assistance. Before August 5, 
1997, section 1902(a)(10)(E) of the Act specified that State Medicaid 
plans must provide for some or all types of Medicare cost-sharing for 
three eligibility groups of low-income Medicare beneficiaries. These 
three groups included qualified Medicare beneficiaries (QMBs), 
specified low-income Medicare

[[Page 21330]]

beneficiaries (SLMBs), and qualified disabled and working individuals 
(QDWIs).
    A QMB is an individual entitled to Medicare Part A with income at 
or below 100 percent of the Federal poverty level (FPL). A SLMB is an 
individual who meets the QMB criteria, except that his or her income is 
above 100 percent of the FPL and does not exceed 120 percent of the 
FPL. Effective January 1, 2010, the resource limits for a QMB, SLMB, 
and QI are $6,600 for a single person and $9,910 for a married person 
living with a spouse and no other dependents. These resource limits are 
adjusted January 1 of each year, based upon the change in the annual 
consumer price index (CPI) since September of the previous year.
    A QDWI is a disabled individual who is entitled to enroll in 
Medicare Part A under section 1818A of the Act, whose income does not 
exceed 200 percent of the FPL, for a family of the size involved, whose 
resources do not exceed twice the amount allowed under SSI program, and 
who is not otherwise eligible for Medicaid. The definition of Medicare 
cost-sharing at section 1905(p)(3) of the Act includes payment for 
premiums for Medicare Part B.
    Section 4732 of the Balanced Budget Act of 1997 (BBA), (Pub. L. 
105-33), enacted on August 5, 1997, amended section 1902(a)(10)(E) of 
the Act to require States to provide for Medicaid payment of the 
Medicare Part B premiums for two additional eligibility groups of low-
income Medicare beneficiaries, referred to as qualifying individuals 
(QIs).
    Specifically, under BBA, a new section 1902(a)(10)(E)(iv)(I) of the 
Act was added, under which States must pay the full amount of the 
Medicare Part B premium for QIs who are eligible QMBs but their income 
level is at least 120 percent of the FPL but less than 135 percent of 
the FPL for a family of the size involved. These individuals cannot 
otherwise be eligible for medical assistance under the approved State 
Medicaid plan. The BBA also added the second group of QIs under section 
1902(a)(10)(E)(iv)(II) of the Act, which includes Medicare 
beneficiaries who would be QMBs except that their income is at least 
135 percent but less than 175 percent of the FPL for a family of the 
size involved, who are not otherwise eligible for Medicaid under the 
approved State plan. These QIs were eligible for only a portion of 
Medicare cost-sharing consisting of a percentage of the increase in the 
Medicare Part B premium attributable to the shift of Medicare home 
health coverage from Part A to Part B (as provided in section 4611 of 
the BBA).
    Coverage of the second eligibility group of QIs ended on December 
31, 2002, and section 401 of the Welfare Reform Bill (Pub. L. 108-89), 
enacted on October 1, 2003, eliminated reference to the second QI 
benefit (for the Medicare beneficiaries who would be QMBs except that 
their income is at least 135 percent but less than 175 percent of the 
FPL for a family of the size involved, who are not otherwise eligible 
for Medicaid under the approved State plan). In 2002 and 2003, 
continuing resolutions extended the coverage of the first group of QIs 
(whose income is at least 120 percent but less than 135 percent of the 
FPL) through the following FY, but maintained the annual funding at the 
FY 2002 level. Section 1933(g) of the Act was amended by the Extension 
of Medicare Cost-Sharing for Medicare Part B Premium for Qualifying 
Individuals Act, (Pub. L. 108-448), enacted December 8, 2004, which 
continued coverage of this group of QIs (whose income is at least 120 
percent but less than 135 percent of the FPL) through September 30, 
2005, again, with no change in funding.
    The BBA also added a new section 1933 to the Act to provide for 
Medicaid payment of Medicare Part B premiums for QIs. (The previous 
section 1933 of the Act was re-designated as section 1934.) Section 
1933(a) of the Act specifies that a State plan must provide, through a 
State plan amendment, for medical assistance to pay for the cost of 
Medicare cost-sharing on behalf of QIs who are selected to receive 
assistance. Section 1933(b) of the Act sets forth the rules that States 
must follow in selecting QIs and providing payment for Medicare Part B 
premiums. Specifically, the State must permit all qualifying 
individuals to apply for assistance and must select individuals on a 
first-come, first-served basis (that is, the State must select QIs in 
the order in which they apply). Further, under section 1933(b)(2)(B) of 
the Act, in selecting persons who will receive assistance in years 
after 1998, States must give preference to those individuals who 
received assistance as QIs, QMBs, SLMBs, or QDWIs in the last month of 
the previous year and who continue to be (or become) QIs.
    Under section 1933(b)(4) of the Act, persons selected to receive 
assistance in a calendar year are entitled to receive assistance for 
the remainder of the year, but not beyond, as long as they continue to 
qualify. The fact that an individual is selected to receive assistance 
at any time during the year does not entitle the individual to 
continued assistance for any succeeding year. Because the State's QI 
allotment is limited by law, section 1933(b)(3) of the Act provides 
that the State must limit the number of QIs so that the amount of 
assistance provided during the year is approximately equal to the 
allotment for that year.
    Section 1933(c) of the Act limits the total amount of Federal funds 
available for payment of Part B premiums for QIs each FY and specifies 
the formula that is to be used to determine an allotment for each State 
from this total amount. For States that executed a State plan amendment 
in accordance with section 1933(a) of the Act, a total of $1.5 billion 
was allocated over 5 years as follows: $200 million in FY 1998; $250 
million in FY 1999; $300 million in FY 2000; $350 million in FY 2001; 
and $400 million in FY 2002.
    On March 29, 1999, we published a notice in the Federal Register 
(64 FR 14931) to advise States of the methodology used to calculate 
allotments and each State's specific allotment for that year. Following 
that notice, there was no change in methodology and States have been 
notified annually of their allotments. We did not include the 
methodology for computing the allocation in our regulations. Although 
the BBA originally provided coverage of QIs through FY 2002, based on 
several legislative actions, coverage has continued (as discussed 
below) through December 31, 2010.
    The Federal medical assistance percentage, for Medicaid payment of 
Medicare Part B premiums for QIs, is 100 percent for expenditures up to 
the amount of the State's allotment. No Federal funds are available for 
expenditures in excess of the State allotment amount. The Federal 
matching rate for administrative expenses associated with the payment 
of Medicare Part B premiums for QIs remains at the 50 percent matching 
level. Federal financial participation in the administrative expenses 
is not counted against the State's allotment.
    The amount available for each FY is to be allocated among States 
according to the formula set forth in section 1933(c)(2) of the Act. 
The formula provides for an amount to each State that is based on each 
State's share of the Secretary's estimate of the ratio of: (a) An 
amount equal to the total number of individuals in the State who meet 
all but the income requirements for QMBs, whose incomes are at least 
120 percent but less than 135 percent of the Federal poverty level, and 
who are not otherwise eligible for Medicaid; to (b) the sum of all 
individuals for all eligible States.

[[Page 21331]]

B. Allotments for FY 2005 Through 2009

    In FY 2005, some States exhausted their FY 2005 allotments before 
the end of the FY, which caused States to deny benefits to eligible 
persons under section 1933(b)(3) of the Act, while other States 
projected a surplus in their allotments. We asked those States that 
exhausted or expected to exhaust their FY 2005 allotments before the 
end of the FY to project the amount of funds that would be required to 
grant eligibility to all eligible persons in their State, that is, 
their need. We also asked those States that did not expect to use their 
full allotments in FY 2005 to project the difference between the amount 
they expected to spend and their allotment, that is, their surplus. 
After all States reported these figures, it was evident that the total 
surplus exceeded the total need. In spite of there being adequate 
overall funding for the QI benefit, some eligible individuals would 
have been denied benefits due to the allocation methodology initially 
used to determine the FY 2005 allotments.
    We believe that it was the intent of the statute to provide 
benefits to eligible persons up to the full amount of funds made 
available for the program. We attributed the difference between the 
surplus in available QI allotments for some States and the need in 
other States in FY 2005 as due to the imprecision in the data that we 
used to provide States with their initial allocations under section 
1933 of the Act. Therefore, on August 26, 2005, we published in the 
Federal Register an interim final rule (70 FR 50214), which we 
compensated for this imprecision in order to enable States to enroll 
those QIs whom they would have been able to enroll had the data been 
more precise.
    The August 26, 2005 interim final rule amended 42 CFR 433.10(c) to 
specify the formula and the data to be used to determine States' 
allotments and to revise, under certain circumstances, individual State 
allotments for a Federal FY for the Medicaid payment of Medicare Part B 
premiums for qualifying individuals identified under section 
1902(a)(10)(E)(iv) of the Act. Section 433.10(c)(5)(iv) states that CMS 
will notify States of any changes in allotments resulting from any 
reallocations.
    The FY 2005 allotments were determined by applying the U.S. Census 
Bureau data to the formula set forth in section 1933(c)(2) of the Act. 
However, the statute requires that the allocation of the FY allotment 
be based upon a ratio of the amount of ``total number of individuals 
described in section 1902(a)(10)(E)(iv) of the Act in the State'' to 
the sum of these amounts for all States. Because this formula requires 
an estimate of an unknown number, that is, the number of individuals 
who could be QIs (rather than the number of individuals who were QIs in 
a previous period), our use of the Census Bureau data in the formula 
represented a rough proxy to attain the statutory number. Actual 
expenditure data, however, revealed that the Census Bureau data yielded 
an inappropriate distribution of the total appropriated funds as 
evidenced by the fact that several States projected significant 
shortfalls in their allotments, while many other States projected a 
significant surplus by the end of the FY 2005. The Census Bureau data 
were not accurate for the purpose of projecting States' needs because 
the data could not take into consideration all variables that 
contribute to QI eligibility and enrollment, such as resource levels 
and the application process itself. While section 1933 of the Act 
requires the Secretary to estimate the allocation of the allotments 
among the States, it did not preclude a subsequent readjustment of that 
allocation, when it became clear that the data used for that estimate 
did not effectuate the statutory objective. The August 26, 2005 interim 
final rule published in the Federal Register, permitted in this 
specific circumstance a redistribution of surplus funds, as it was 
demonstrated that the States' projections and estimates resulted in an 
inequitable initial allocation for FY 2005, such that some States were 
granted an allocation in excess of their total projected need, while 
the allocation granted to other States proved insufficient to meet 
their projected QI expenditures.
    In the August 26, 2005 interim final rule, we codified the 
methodology we have been using to approximate the statutory formula for 
determining State allotments. However, since certain States projected a 
deficit in their allotment before the end of FY 2005, the rule 
permitted FY 2005 funds to be reallocated from the surplus States to 
the need States. The regulation specified the methodology for computing 
the annual allotments, and for reallocating funds in this circumstance. 
The formula used to reallocate funds was intended to minimize the 
impact on States with FY QI allotments that might be greater than their 
QI expenditures for the FY, to equitably distribute the total needed 
amount among those surplus States, and to meet the immediate needs for 
those States projecting deficits. At the time of the publication of the 
August 26, 2005 interim final rule, the authorization for the QI 
benefit was scheduled to expire at the end of calendar year (CY) 2005, 
and no additional funds were appropriated for the QI benefit beyond 
September 30, 2005; therefore, the regulation specified a sunset at the 
end of CY 2005.
    On October 20, 2005, the QI, TMA, and Abstinence Programs Extension 
and Hurricane Katrina Unemployment Relief Act of 2005 (Pub. L. 109-91) 
was enacted. Section 101 of Public Law 109-91 extended the QI program 
through September 30, 2007 with no change in the level of funding; that 
is, under this legislation $400 million per FY was appropriated for 
each of FY 2006 and FY 2007. The provisions of section 101 of Public 
Law 109-91 were effective as of September 30, 2005.
    On October 16, 2006, we published a final rule in the Federal 
Register (71 FR 60663), which implemented the provisions of section 101 
of Public Law 109-91 relating to the QI allotments for final FY 2006 
allotments and preliminary FY 2007 allotments. As we stated in that 
final rule, we believe that the intent of the statute is to provide 
benefits to eligible persons up to the full amount of funds made 
available for the program in each FY. We recognized that because of the 
imprecise data for computing the States' QI allotments for a FY, some 
States would experience either surpluses or shortages in their FY 2006 
and FY 2007 allotments. In accordance with Sec.  433.10(c), the FY 2006 
and FY 2007 QI allotments were designed to compensate for the imprecise 
data to permit shortage States to enroll more QIs than otherwise would 
have been possible.
    Section 3 of the TMA, Abstinence Education, and QI Program 
Extension Act of 2007, Public Law 110-90 (enacted on September 29, 
2007) provided $100 million and extended the QI program through 
December 31, 2007. Section 203 of the Medicare, Medicaid, and SCHIP 
Extension Act of 2007 (MMSEA) (Pub. L. 110-173, enacted on December 29, 
2007) provided an additional $200 million and extended the QI program 
through June 30, 2008. Section 111 of the Medicare Improvements for 
Patients and Providers Act of 2008 (MIPPA) (Pub. L. 110-275) enacted on 
July 15, 2008, and section 2 of the QI Program Supplemental Funding Act 
of 2008 (the SFA) enacted on October 8, 2008, (Pub. L. 110-379), 
extended and provided additional funds for the QI program. As amended 
by MIPPA and the SFA, a total of $415 million was made available for 
the QI program for FY 2008, and $480 million was made available for the 
QI program for FY 2009. Additionally,

[[Page 21332]]

$150 million was provided for the QI program for the first quarter of 
FY 2010 (that is, October 1, 2009 through December 31, 2009).
    However, the then-existing regulation at Sec.  433.10(c)(5)(v) 
authorized the methodology for determining each State's QI allotment 
under the QI program only through FY 2007. Therefore, on November 24, 
2008, we published an interim final rule with comment period entitled, 
``Medicaid Program; State Allotments for Payment of Medicare Part B 
Premiums for Qualifying Individuals: Federal Fiscal Year 2008 and 
Federal Fiscal Year 2009'' (73 FR 70886). This rule revised paragraph 
Sec.  433.10(c)(5)(ii) by changing the statutory reference ``section 
1933(c)(1)'' to ``section 1933(g)''. It also revised paragraph 
(c)(5)(iii) introductory text, and paragraphs (c)(5)(iii)(D), and 
(c)(5)(v) to more generally refer to the period for which QI program 
funding is available under the statute, rather than referring to 
particular years.

C. Allotments for FY 2010 and Thereafter

    Section 5005 of the American Recovery and Reinvestment Act of 2009 
(the Recovery Act, Pub. L. 111-5, enacted on February 17, 2009) 
extended the QI program by providing $412.5 million in additional funds 
for the remaining three quarters of FY 2010 and $150 million in 
additional funds for the first quarter of 2011 (that is, through 
December 31, 2010). However, most recently, on January 27, 2010 the 
President signed into law the ``Emergency Aid to American Survivors of 
the Haiti Earthquake Act'', P.L. 111-127 (Haiti Earthquake Act); 
section 3 of this legislation amends section 1933(g)(2)(M) of the Act 
to make available $462.5 million for the last three quarters of FY 2010 
(this replaces the $412.5 million provided under the Recovery Act for 
that period). Prior to enactment of the Haiti Earthquake Act, through 
the Recovery Act there was a total of $562.5 million available for 
States' QI allotments for FY 2010. With the enactment of the Haiti 
Earthquake Act, a total of $612.5 million is available for States' QI 
allotments for FY 2010. The Haiti Earthquake Act also amended section 
1933(g)(2) of the Act to make $165 million available for the QI program 
for FY 2011 (this replaces the $150 million for FY 2011 previously 
provided under the Recovery Act).
    The amounts of the final FY 2009 and preliminary FY 2010 QI 
allotments were determined in accordance with the methodology set forth 
in existing Medicaid regulations at Sec.  433.10(c)(5), as amended in 
the Federal Register published on November 24, 2008 (73 FR 70893).

II. Charts

    The Final QI Allotments for FY 2009 and the Preliminary QI 
Allotments for FY 2010 are shown by State in Chart 1 and Chart 2 below, 
respectively:
    Chart 1--Final Qualifying Individuals Allotments for October 1, 
2008 through September 30, 2009.
    Chart 2--Preliminary Qualifying Individuals Allotments for October 
1, 2009 through September 30, 2010.
    The following describes the information contained in the columns of 
Chart 1 and Chart 2.
    Column A--State. Column A shows the name of each State.
    Columns B through D show the determination of an Initial QI 
Allotment for FY 2009 (Chart 1) or FY 2010 (Chart 2) for each State, 
based only on the indicated Census Bureau data.
    Column B--Number of Individuals. Column B contains the estimated 
average number of Medicare beneficiaries for each State that are not 
covered by Medicaid whose family income is at least 120 percent but 
less than 135 percent of the poverty level. With respect to the final 
FY 2009 QI allotment (Chart 1), Column B contains the number of such 
individuals for the years 2005 through 2007, as obtained from the 
Census Bureau's Annual Social and Economic Supplement to the 2008 
Current Population Survey. With respect to the preliminary FY 2010 QI 
allotment (Chart 2), Column B contains the number of such individuals 
for the years 2006 through 2008, as obtained from the Census Bureau's 
Annual Social and Economic Supplement to the 2009 Current Population 
Survey.
    Column C--Percentage of Total. Column C provides the percentage of 
the total number of individuals for each State, that is, the Number of 
Individuals for the State in Column B divided by the sum total of the 
Number of Individuals for all States in Column B.
    Column D--Initial QI Allotment. Column D contains each State's 
Initial QI Allotment for FY 2009 (Chart 1) or FY 2010 (Chart 2), 
calculated as the State's Percentage of Total in Column C multiplied by 
the total amount available nationally for QI allotments for the FY. The 
total amount available nationally for QI allotments each FY is 
$480,000,000 for FY 2009 (Chart 1) and $612,500,000 for FY 2010 (Chart 
2).
    Columns E through L show the determination of the States' Final QI 
Allotments for FY 2009 (Chart 1) or Preliminary QI Allotments for FY 
2010 (Chart 2).
    Column E--FY 2009 Estimated QI Expenditures. Column E contains the 
States' estimates of their total QI expenditures for FY 2009 (Chart 1) 
or FY 2010 (Chart 2) based on information obtained from States in the 
summer of 2009.
    Column F--Need (Difference). Column F contains the additional 
amount of QI allotment needed for those States whose estimated 
expenditures in Column E exceeded their Initial QI allotments in Column 
D for FY 2009 (Chart 1) or for FY 2010 (Chart 2). For such States, 
Column F shows the amount in Column E minus the amount in Column D. For 
other ``Non-Need'' States, Column F shows ``NA''.
    Column G--Percent of Total Need States. For States whose projected 
QI expenditures in Column E are greater than their initial QI allotment 
in Column D for FY 2009 (Chart 1) or FY 2010 (Chart 2), respectively, 
Column G shows the percentage of total need, determined as the amount 
for each Need State in Column F divided by the sum of the amounts for 
all States in Column F. For Non-Need States, the entry in Column G is 
``NA''.
    Column H--Reduction Pool for Non-Need States. ``Column H shows the 
amount of the pool of surplus QI allotments for FY 2009 (Chart 1) or FY 
2010 (Chart 2), respectively, for those States that project QI 
expenditures for the FY (in Column E) that are less than the initial QI 
allotments (in Column D) for the FY (referred to as non-need States). 
The amount in Column H is calculated as the amount in Column D minus 
the amount in Column E, representing the surplus of QI allotment funds 
for the indicated FYs. There will only be an amount shown in Column H 
for States whose projected QI expenditures in Column E are less than 
the initial QI allotment for the FY shown in Column D.'' For the States 
with a need, Column H shows ``Need.'' The reduction pool of excess QI 
allotments is equal to the sum of the amounts in Column H.
    Column I--Percent of Total Non-Need States. For States whose 
Projected QI Expenditures in Column E are less than their Initial QI 
Allotment in Column D for FY 2009 (Chart 1) or FY 2010 (Chart 2), 
Column I shows the percentage of the total reduction pool in Column H, 
determined as the amount for each Non-Need State in Column H divided by 
the sum of the amounts for all States in Column H. For Need States, the 
entry in Column I is ``Need''.
    Column J--Reduction Adjustment for Non-Need States. Column J shows 
the amount of adjustment needed to reduce the Initial QI Allotments in 
Column D

[[Page 21333]]

for FY 2009 (Chart 1) or FY 2010 (Chart 2) for Non-Need States in order 
to address the total need shown in Column F. The amount in Column J is 
determined as the percentage in Column I for Non-Need States multiplied 
by the lesser of the total need in Column F (equal to the sum of Needs 
in Column F) or the total Reduction Pool in Column H (equal to the sum 
of the Non-Need amounts in Column H). For Need States, the entry in 
Column J is ``Need''.
    Column K--Increase Adjustment for Need States. Column K shows the 
amount of adjustment to increase the Initial QI Allotment in Column D 
for FY 2009 (Chart 1) or FY 2010 (Chart 2) for Need States in order to 
address the total need shown for the FY in Column F. The amount in 
Column K is determined as the percentage in Column G for Need States 
multiplied by the lesser of the total need in Column F (equal to the 
sum of Needs in Column F) or the total Reduction Pool in Column H 
(equal to the sum of the Non-Need amounts in Column H). For Non-Need 
States, the entry in Column K is ``NA''.
    Column L--Final FY 2009 QI Allotment (Chart 1) or Preliminary FY 
2010 QI Allotment (Chart 2). Column L contains the Final QI Allotment 
for each State for FY 2009 (Chart 1) or the Preliminary QI Allotment 
for FY 2010 (Chart 2). For Need States, additional QI allotment amounts 
for the FY are based on the Estimated QI Expenditures in Column E as 
compared to their Initial QI allotments in Column D for the FY (States 
with a projected need amount are shown in Column F); and Column L is 
equal to the Initial QI Allotment in Column D for FY 2009 (Chart 1) or 
FY 2010 (Chart 2) plus the amount determined in Column K for Need 
States. For Non-Need States (States with a projected surplus in Column 
H), Column L is equal to the QI Allotment in Column D reduced by the 
Reduction Adjustment amount in Column J.
BILLING CODE 4120-01-P

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[GRAPHIC] [TIFF OMITTED] TN23AP10.030

[[Page 21336]]

BILLING CODE 4120-01-C

III. Waiver of Notice With Comment and 30-Day Delay in Effective Date

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register and invite public comment on a proposed rule. The 
notice of proposed rulemaking includes a reference to the legal 
authority under which the rule is proposed, and the terms and 
substances of the proposed rule or a description of the subjects and 
issues involved. This procedure can be waived, however, if an agency 
finds good cause that a notice-and-comment procedure is impracticable, 
unnecessary, or contrary to the public interest and incorporates a 
statement of the finding and its reasons in the rule issued. In 
addition, we also normally provide a delay of 30 days in the effective 
date. However, if adherence to this procedure would be impractical, 
unnecessary, or contrary to public interest, we may waive the delay in 
the effective date in accordance with the Administrative Procedure Act 
(5 U.S.C. 551 et seq.).
    We are publishing this notice without a comment period or delay in 
effective date because of the need to notify individual States of the 
limitations on Federal funds for their Medicaid expenditures for 
payment of Medicare Part B premiums for qualifying individuals. Some 
States have experienced deficits in their current allotments that have 
caused them to deny benefits to eligible applicants, while other States 
project a surplus in their allotments. This notice adjusts the 
allocation of Federal funds, which will reduce the impact of States 
denying coverage to eligible QIs when there is sufficient funding to 
cover all or some of these individuals. Because access to Medicare Part 
B coverage for QIs, who without this coverage would have difficulty 
paying for needed health care, is critically important, we believe that 
it is in the public interest to waive the usual notice and comment 
procedure which we undertake before making a rule final. Moreover, we 
are not making any changes to the process we use for allocating 
allotments. We are simply implementing a process already set forth in 
regulations. For these reasons, we also believe a notice and comment 
process would be unnecessary.
    Therefore, for the reasons discussed above, we find that good cause 
exists to dispense with the normal requirement that a regulation cannot 
become effective any earlier than 30 days after its publication. States 
that will have access to additional funds for QIs need to know that 
these funds are available as soon as possible. While we believe the 
surplus States that will have diminished amounts available for this FY 
will have sufficient funds for enrolling all potential QIs in their 
States, they also need to know as soon as possible that a certain 
amount of their unused allocation will no longer be available to them 
for this FY.

IV. Collection of Information Requirements

    This notice does not impose information collection and 
recordkeeping requirements. Consequently, it need not be reviewed by 
the Office of Management and Budget under the authority of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 35).

V. Regulatory Impact Statement

    We have examined the impact of this notice as required by Executive 
Order 12866 on Regulatory Planning and Review, the Regulatory 
Flexibility Act (RFA) (September 19, 1980, Pub. L. 96-354), section 
1102(b) of the Social Security Act, section 202 of the Unfunded 
Mandates Reform Act of 1995 (March 22, 1995; Pub. L. 104-4), Executive 
Order 13132 on Federalism (August 4, 1999) and the Congressional Review 
Act (5 U.S.C. 804(2)).
    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). A regulatory impact 
analysis (RIA) must be prepared for major rules with economically 
significant effects ($100 million or more in any 1 year). This notice 
does not reach the economic threshold and thus is not considered a 
major rule.
    The RFA requires agencies to analyze options for regulatory relief 
for small businesses. For purposes of the RFA, small entities include 
small businesses, nonprofit organizations, and small governmental 
jurisdictions. Most hospitals and most other providers and suppliers 
are small entities, either by nonprofit status or by having revenues of 
$7 million to $34.5 million in any 1 year. Individuals and States are 
not included in the definition of a small entity.
    This notice codifies our procedures for implementing provisions of 
the Balanced Budget Act of 1997 to allocate, among the States, Federal 
funds to provide Medicaid payment for Medicare Part B premiums for low-
income Medicare beneficiaries. The total amount of Federal funds 
available during a Federal FY and the formula for determining 
individual State allotments are specified in the law. We have applied 
the statutory formula for the State allotments. Because the data 
specified in the law were not initially available, we used comparable 
data from the U.S. Census Bureau on the number of possible qualifying 
individuals in the States. This notice also permits, in a specific 
circumstance, reallocation of funds to enable enrollment of all 
eligible individuals to the extent of the available funding.
    We believe that the statutory provisions implemented in this notice 
will have a positive effect on States and individuals. Federal funding 
at the 100 percent matching rate is available for Medicare cost-sharing 
for Medicare Part B premium payments for qualifying individuals. Also, 
as a result of the reallocation of State allotments, a greater number 
of low-income Medicare beneficiaries will be eligible to have their 
Medicare Part B premiums paid under Medicaid. The changes in allotments 
will not result in fewer individuals receiving the QI benefit in any 
State. The FY 2009 and FY 2010 costs for this provision have been 
included in the Mid-session Review of the FY 2010 President's Budget.
    Section 1102(b) of the Social Security Act (the Act) requires us to 
prepare a regulatory impact analysis for any rule that may have a 
significant impact on the operations of a substantial number of small 
rural hospitals. The analysis must conform to the provisions of section 
604 of the RFA. For purposes of section 1102(b) of the Act, we define a 
small rural hospital as a hospital that is located outside of a 
metropolitan statistical area and has fewer than 100 beds. We are not 
preparing analyses for either the RFA or section 1102(b) of the Act 
because we have determined and certify that this notice will not have a 
significant economic impact on a substantial number of small entities 
or a significant impact on the operations of a substantial number of 
small rural hospitals.
    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) also requires that agencies assess anticipated costs 
and benefits before issuing any rule whose mandates require spending in 
any 1 year of $100 million in 1995 dollars, updated annually for 
inflation. In 2010, that threshold is approximately $135 million. This 
notice will have no consequential effect on the governments mentioned 
or on the private sector.
    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a rule

[[Page 21337]]

that imposes substantial direct requirement costs on State and local 
governments, preempts State law, or otherwise has federalism 
implications. Since this regulation does not impose any costs on State 
or local governments, the requirements of Executive Order 13132 are not 
applicable.
    In accordance with the provisions of Executive Order 12866, this 
notice was reviewed by the Office of Management and Budget.

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program)

    Dated: December 17, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
    Approved: January 22, 2010.
Kathleen Sebelius,
Secretary.
[FR Doc. 2010-8498 Filed 4-13-10; 8:45 am]
BILLING CODE 4120-01-P
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