26370 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Notices 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Meeting of the President’s Council on 

Fitness, Sports, and Nutrition; 

Correction 

AGENCY: Department of Health and 

Human Services, Office of the Secretary, 

Office of the Assistant Secretary for 

Health, Office of the President’s Council 

on Fitness, Sports, and Nutrition. 

ACTION: Notice; correction. 

SUMMARY: The Department of Health and 

Human Services published a notice in 

the Federal Register on April 11, 2013 

to announce a meeting of the President’s 

Council on Fitness, Sports, and 

Nutrition on May 7, 2013, from 10:00 

a.m. to 4:30 p.m., at the Department of 

Health and Human Services, 200 

Independence Ave., SW., Room 800; 

Washington, DC 20201. The meeting 

time has changed. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Shellie Pfohl, Executive Director, 

President’s Council on Fitness, Sports, 

and Nutrition; Phone: (240) 276–9866 or 

(240) 276–9567. 

Correction 

In the Federal Register of April 11, 

2013, FR Doc. 2013–08494 , on page 

21606, in the second column, correct 

the DATES caption to read: 

DATES: The meeting will be held on May 

7, 2013, from 9:30 a.m. to 1:00 p.m. 

Dated: April 26, 2013. 

M. Shannon Feaster, 

Director of Communications, President’s 

Council on Fitness, Sports, and Nutrition. 

[FR Doc. 2013–10674 Filed 5–3–13; 8:45 am] 

BILLING CODE 4150–35–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifiers: CMS–10419] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, HHS. 

In compliance with the requirement 

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

Paperwork Reduction Act of 1995, the 

Centers for Medicare & Medicaid 

Services (CMS), 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 function; 

(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: New collection (request for a 

new OMB control number); Title of 

Information Collection: Transparency 

Reports and Reporting of Physician 

Ownership or Investment Interests; Use: 

Reports of Payments or Other Transfers 

of Value to Covered Recipients 

The regulations at 42 CFR 403.904 

require direct and indirect payments or 

other transfers of value provided by an 

applicable manufacturer to a covered 

recipient, and that direct and indirect 

payments or other transfers of value 

provided to a third party at the request 

of (or designated by) the applicable 

manufacturer on behalf of a covered 

recipient, be reported by the applicable 

manufacturer to CMS on an annual 

basis. 

Reports of Physician Ownership and 

Investment Interests 

Under § 403.906, each applicable 

manufacturer and applicable group 

purchasing organization must report to 

CMS on an annual basis all ownership 

and investment interests in the 

applicable manufacturer or applicable 

group purchasing organization that were 

held by a physician or an immediate 

family member of a physician during 

the preceding calendar year. 

Data Collection 

The data templates will provide 

detailed information about the data to 

be collected including the data element 

name, format, allowable values, 

required versus optional fields, and 

other associated rules intended to aid 

the applicable manufacturers and 

applicable group purchasing 

organizations as they prepare for and 

participate in data collection. 

Applicable manufacturers and 

applicable GPOs will engage in data 

collection external to CMS within their 

own systems or tracking tools. If we 

intend to make changes to the data 

templates, we will provide them at least 

90 days prior to first day of data 

collection for the next reporting year. In 

providing revised templates, we will 

also comply with the requirements of 

the Paperwork Reduction Act to seek 

public comments on the proposed 

changes to the information collections, 

as required by law. This will allow 

applicable manufacturers and 

applicable GPOs to make any necessary 

changes to prepare for the next reporting 

year. This is the same time as the date 

by which we will publish the list of 

teaching hospitals. 

Data Submission 

Section 403.908 requires that reports 

must be electronically submitted to 

CMS by March 31, 2014, and by the 

90th day of each subsequent calendar 

year. Additionally, applicable 

manufacturers and applicable group 

purchasing organizations may submit an 

entirely optional assumptions 

document, explaining the reasonable 

assumptions made and methodologies 

used when reporting payments or other 

transfers of value, or ownership or 

investment interests. The assumptions 

documents will not be made available to 

covered recipients, physician owners or 

investors, or the public. 

Dispute Resolution and Corrections 

There are several situations which 

may necessitate that data previously 

submitted be updated. These cases 

include corrections based on disputes, 

or corrections known by the applicable 

manufacturer or applicable GPO 

through another mechanism. For 

example, if an applicable manufacturer 

or applicable group purchasing 

organization discovers an error or 

omission in its annual report, under 

§ 703.908(h), applicable manufacturers 

and applicable GPOs must notify CMS 

immediately upon discovering errors or 

omissions in their reports and must 

submit corrected information to CMS 

immediately upon confirmation of the 

error or omission. CMS will update the 

Web site at least once annually with 

corrected information. Form Number: 

CMS–10461 (OCN: 0938-New). 

Frequency: Annual; Affected Public: 

Private Sector (business or other forprofit and not-for-profit institutions); 

Number of Respondents: 396,414. Total 

Annual Responses: 396,414. Total 

Annual Hours: 13,327,065. (For policy 

questions regarding this collection 

contact Doug Brown at 410–786–0028. 

For all other issues call 410–786–1326.) 

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/ 

PaperworkReductionActof1995, or 

Email your request, including your 

address, phone number, OMB number, 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Notices 26371 

and CMS document identifier, to 

Paperwork@cms.hhs.gov, or call the 

Reports Clearance Office on (410) 786– 

1326. 

To be assured consideration, 

comments and recommendations for the 

proposed information collections must 

be received by the OMB desk officer at 

the address below, no later than 5 p.m. 

on June 3, 2013. 

OMB, Office of Information and 

Regulatory Affairs Attention: CMS Desk 

Officer Fax Number: (202) 395–6974 

Email: OIRA_submission@omb.eop.gov. 

Dated: May 1, 2013. 

Martique Jones, 

Deputy Director, Regulations Development 

Group, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2013–10681 Filed 5–3–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Notice of Hearing: Reconsideration of 

Disapproval of Kentucky State Plan 

Amendments (SPA) 10–007 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of Hearing. 

SUMMARY: This notice announces an 

administrative hearing to be held on 

June 27, 2013, at the CMS Atlanta 

Regional Office, Atlanta Federal Center, 

61 Forsyth Street, South West, Atlanta, 

Georgia 30303–8909, to reconsider CMS’ 

decision to disapprove Kentucky SPA 

10–007. 

Closing Date: Requests to participate 

in the hearing as a party must be 

received by the presiding officer by May 

21, 2013. 

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’s decision to 

disapprove Kentucky SPA 10–007 

which was submitted on September 30, 

2010, and disapproved on April 2, 2013. 

The SPA proposed a payment 

methodology based on actual, incurred, 

costs for services provided by 

Community Mental Health Clinics 

(CMHCs). 

At issue in the hearing is whether the 

proposed cost-based Medicaid payment 

methodology is consistent with the 

requirements of section 1902(a)(30)(A) 

of the Social Security Act (Act) when 

Kentucky did not specifically document 

that, under the proposed methodology, 

non-Medicaid costs would be excluded 

from the Medicaid payment calculation. 

Specifically, it appears that the 

methodology would rely on a cost 

reporting mechanism which results in 

over-allocation of both indirect and 

direct cost to Medicaid services. 

Specifically, for CMHCs that function 

within a larger parent organization, the 

state proposed an inappropriate transfer 

of cost from the parent organization to 

the CMHCs. Additionally, the state did 

not demonstrate that it had an 

acceptable method of allocating 

practitioner cost between reimbursable 

and non-reimbursable activities. 

Section 1902(a)(30)(A) of the Act 

requires that states have methods and 

procedures in place to ensure payments 

are consistent with economy, efficiency, 

and quality of care. Because the 

proposed payment methodology is 

based on each provider’s reconciled 

cost, CMS requested that Kentucky 

document the cost-finding and provider 

reporting mechanisms used to 

determine payment. This information 

would allow CMS to ensure that the 

proposed payment would be limited to 

amounts economic and efficient for 

covered Medicaid services, and were 

sufficient to ensure quality of care. 

Upon review of Kentucky’s response, 

CMS determined that Kentucky was not 

able to document that its cost reporting 

mechanism properly allocated cost to 

Medicaid covered services. Specifically, 

CMS was concerned that Kentucky’s 

methodology did not demonstrate the 

exclusion of costs incurred outside of 

these clinics for non-Medicaid activities 

and services. CMS worked with 

Kentucky on its cost reporting 

methodology over an extended period of 

time; however, CMS was not able to 

resolve questions surrounding the issue 

of including non-Medicaid costs. As a 

result, CMS could not conclude that 

Kentucky’s proposed plan for payment 

was economic and efficient, or 

consistent with quality of care. In the 

absence of this specific information, 

CMS could not conclude that the 

requirements of section 1902(a)(30)(A) 

were satisfied. 

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 Kentucky announcing 

an administrative hearing to reconsider 

the disapproval of its SPA reads as 

follows: 

Mr. Lawrence J. Kissner, 

Commissioner, 

Cabinet for Health and Family Services, 

Department for Medicaid Services, 

275 East Main Street, 6W–A, 

Frankfort, KY 40621. 

Dear Mr. Kissner: 

I am responding to your request for 

reconsideration of the decision to disapprove 

the Kentucky State Plan Amendment (SPA) 

10–007 which was submitted on September 

30, 2010, and disapproved on April 2, 2013. 

The SPA proposed a payment methodology 

based on actual, incurred, costs for services 

provided by Community Mental Health 

Clinics (CMHCs). 

I disapproved Kentucky SPA 10–007 

because I could not conclude that it complied 

with section 1902(a)(30)(A) of the Social 

Security Act (the Act), which requires 

payments to be consistent with economy 

efficiency and quality of care. In order to 

meet this requirement, the Centers for 

Medicare & Medicaid Services (CMS) 

requested that Kentucky document the costfinding and provider reporting mechanisms 

used to determine payment. Upon review of 

the commonwealth’s response to CMS’s 

formal Request for Additional Information 

(RAI), CMS determined that Kentucky had 

not sufficiently documented that its cost 

reporting mechanism properly allocated cost 

to Medicaid covered services by excluding 

non-Medicaid costs from the Medicaid 

payment calculation. 

The CMS worked with Kentucky on its cost 

reporting methodology over an extended 

period of time; however, CMS was not able 

to resolve questions surrounding the issue of 

including non-Medicaid costs. As a result, 

CMS could not conclude that Kentucky’s 

proposed plan for payment was economic 

and efficient, or consistent with quality of 

care. In the absence of this specific 

information, CMS could not conclude that 

the requirements of section 1902(a)(30)(A) of 

the Act were satisfied. 

At issue in this appeal is whether the 

proposed cost-based Medicaid payment 

methodology is consistent with the 

requirements of section 1902(a)(30)(A) of the 

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