Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations 34983

Subpart F—What Additional Rules

Apply for Use of Public Areas at

Regional Records Services Facilities?

§ 1280.100 What are the rules of conduct

at NARA regional records services

facilities?

While at any NARA regional records

services facility, you are subject to the

GSA regulations, Conduct on Federal

Property (41 CFR subpart 101–20.3).

§ 1280.102 When do NARA regional

records services facilities allow other

groups to use their public areas for events?

(a) Although NARA regional records

services facility auditoriums and other

public spaces in the facility buildings

and the facility grounds are intended

primarily for the use of the NARA

regional records services facility in

carrying out its programs, you may

request to use one of these areas for

lectures, seminars, meetings, and

similar activities when these activities

are:

(1) Sponsored, cosponsored, or

authorized by the NARA regional

records services facility;

(2) To further NARA’s interests; and

(3) Scheduled so as not to interfere

with the normal operation of the NARA

regional records services facility.

(b) Your event at the NARA regional

records services facility must be for the

benefit of or in connection with the

mission and programs of NARA.

(c) You must ask permission to use a

public area at a NARA regional records

services facility from the director of that

facility (see 36 CFR 1253.6 for a list of

addresses).

(d) NARA regional records services

facilities will not allow use of any

auditoriums or other public spaces for

any activities that involve:

(1) Profit making;

(2) Commercial advertising and sales;

(3) Partisan political activities;

(4) Sectarian activities, or other

similar activities; or

(5) Any use inconsistent with those

authorized in this section.

(e) You may not charge admission

fees, indirect assessment, or take any

other kind of monetary collection at the

event.

(f) You will be assessed a charge by

the facility director to reimburse the

Government for expenses incurred as a

result of the your use of the facility.

Dated: May 26, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–13810 Filed 5–31–00; 8:45 am]

BILLING CODE 7515–01–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 102–36

[FPMR Amendment H–205]

RIN 3090–AF39

Disposition of Excess Personal

Property; Correction

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule; correction.

SUMMARY: This document corrects an

error contained in a final rule appearing

in Part III of the Federal Register of

Tuesday, May 16, 2000 (64 FR 31218).

The rule revised the Federal Property

Management Regulations (FPMR) by

moving coverage on the disposition of

excess personal property into the

Federal Management Regulation (FMR)

and adding a cross-reference to the

FPMR to direct readers to the coverage

in the FMR.

EFFECTIVE DATE: May 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Martha Caswell, Director, Personal

Property Management Policy Division

(MTP), 202–501–3828.

SUPPLEMENTARY INFORMATION: In rule

document 00–11921 beginning on page

31218 in the issue of Tuesday, May 16,

2000, make the following correction:

§ 102–36.330 [Corrected]

1. On page 31228, in the second

column, in § 102–36.330, paragraph (1)

is correctly designated as paragraph (a);

paragraph (2) is correctly designated as

paragraph (b); paragraph (3) is correctly

designated as paragraph (c).

Dated: May 26, 2000.

Sharon A. Kiser,

Federal Acquisition Policy Division, Office

of Governmentwide Policy.

[FR Doc. 00–13669 Filed 5–31–00; 8:45 am]

BILLING CODE 6820–24–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 403

[HCFA–4005–IFC]

RIN 0938–AJ67

Medicare Program; State Health

Insurance Assistance Program (SHIP)

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Interim final rule with comment

period.

SUMMARY: This interim final rule

explains the terms and conditions that

apply to grants to States for counseling

and assistance to Medicare

beneficiaries, and makes several minor

technical clarifications about program

compliance. We also specify our

policies regarding the treatment of funds

associated with the management of this

program, including user fee assessments

not in effect when prior regulations

were issued. This interim final rule is

issued in accordance with section 4360

of the Omnibus Budget Reconciliation

Act of 1990 (OBRA ’90) and section

1857(e)(2) of the Social Security Act (the

Act).

DATES: Effective date: These regulations

are effective on July 3, 2000.

Comment date: Comments will be

considered if we receive them at the

appropriate address, as provided below,

no later than 5:00 p.m. on July 31, 2000.

ADDRESSES: Mail an original and 3

copies of written comments to the

following address: Health Care

Financing Administration, Department

of Health and Human Services,

Attention: HCFA–4005–IFC, P.O. Box

8010, Baltimore, MD 21244–8010.

If you prefer, you may deliver your

written comments (1 original and 3

copies) to one of the following

addresses:

Room 443–G, Hubert H. Humphrey

Building, 200 Independence Avenue,

SW., Washington, DC 20201, or

Room C5–16–03, 7500 Security

Boulevard, Baltimore, Maryland

21244–1850.

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

HCFA–4005–IFC. Comments received

timely will be available for public

inspection as they are received,

generally beginning approximately 3

weeks after publication of a document,

in Room 443–G of the Department’s

offices at 200 Independence Avenue,

SW., Washington, DC, on Monday

through Friday of each week from 8:30

a.m. to 5 p.m., phone: (202) 690–7890).

FOR FURTHER INFORMATION CONTACT: Eric

Lang, (410) 786–3199.

I. Background

A. OBRA ’90

Section 4360 of the Omnibus Budget

Reconciliation Act of 1990 (OBRA ’90),

Public Law 101–508, requires us to

make grants to States, Commonwealths,

and Territories for health insurance

advisory service programs for Medicare

beneficiaries. (Hereinafter, unless

otherwise indicated, the term ‘‘State’’ or

34984 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations

‘‘States’’ includes the 50 States, the

District of Columbia, the

Commonwealth of Puerto Rico, the

Virgin Islands, Guam, and American

Samoa.) Grants are available to provide

information, counseling, and assistance

relating to Medicare, Medicaid,

Medicare supplemental policies, longterm care insurance, and other health

insurance benefit information. This

funding program is known as the State

Health Insurance Assistance Program

(SHIP), formerly called the Health

Insurance Information Counseling and

Assistance (ICA) Grants Program. The

name of this program was changed to

SHIP in FY 1998 when it became

apparent that the most recent name of

the program, Beneficiary Services and

Information Grants Program (BSI),

severely lacked public recognition.

On August 26, 1992, we published a

final rule with comment period (57 FR

38616) that established the funding

level for health insurance grants during

Federal fiscal year (FY) 1992–1993. The

provisions incorporated into our

regulations at 42 CFR part 403, subpart

E, defined program eligibility criteria,

minimum funding levels, limitations

and reporting requirements. On October

7, 1994, we published a final rule with

comment period (59 FR 51125) that

included amendments to the 1992 rule

and established a regulatory basis for

continued funding beyond FY 1993. As

set forth in that rule, grant awards are

based on a 12-month period, with an

option to renew at the close of the fiscal

year.

Section 403.502 of our regulations,

Availability of grants, specifies that

HCFA awards funds to States subject to

Congressional appropriations of funds

and, if applicable, subject to the

satisfactory progress in the State’s

project during the preceding grant

period. The criteria by which progress is

evaluated and the performance

standards for determining whether

satisfactory progress has been made is

specified in the notice of grant award

sent to each State. HCFA advises each

State as to when to make application

and provides information as to the

timing of the grant award and the

duration of the grant award. HCFA also

provides an estimate of the amount of

funds that may be available to the State.

Section 403.504, Number and size of

grants, establishes that each eligible

State submitting an acceptable

application receives a grant for new

programs and enhancement of existing

programs.

Section 403.504(b)(1) provides that

each State, with the exception of

American Samoa, the Virgin Islands and

Guam, is eligible to receive a ‘‘fixed’’

award of $75,000. American Samoa, the

Virgin Islands and Guam are each

eligible to receive a fixed grant award of

$25,000. The fixed grant constitutes the

minimum level of funding required by

section 4360(a) of OBRA ’90. In

addition, § 403.504(b)(2) provides that

each State is also eligible to receive a

‘‘variable’’ award, that is calculated

according to the formula set forth

therein.

Previously, HCFA depended upon

specific Congressional appropriations to

fund SHIP. In 1995, the Congressional

appropriations were discontinued and

funding for the program since that time

has been made from the HCFA program

management budget. Additional funds

are available from the Medicare+Choice

(M+C) user fee assessment, as discussed

below.

SHIP grants are now in the seventh

and final period of the initial

solicitation that was issued in FY 1992.

DHHS grant administration

requirements, set forth in HHS Chapter

1–85, Grants Administration Manual,

section 1–85–40A, Incremental

Funding-Project Periods and Frequency

of Competition, specify that no project

may be supported longer than 7 years

without recompetition. When we apply

for a continuation of funding for the

SHIP next year, we will also send out

new solicitation and grant application

packages to the States.

B. BBA of 1997

Amendments to the Act have led to

the creation of additional funding for

SHIP. On August 5, 1997, the Act was

amended by the Balanced Budget Act

(the BBA) of 1997, which established a

new Part C of the Medicare program,

sections 1851 through 1859, known as

the ‘‘Medicare+Choice Program’’ (M+C).

Section 1851(d)(1) of the Act,

‘‘Providing information to promote

informed choice,’’ requires us to provide

for activities to broadly disseminate

information to Medicare beneficiaries

(and prospective Medicare beneficiaries)

on available M+C coverage options in

order to promote an active, informed

selection among these options. Section

1857(e)(2)(A) of the Act, ‘‘Cost-sharing

in enrollment-related costs,’’ authorizes

us to charge and collect an

administration or user fee from M+C

organizations for the purpose of

administering this information

dissemination program. Any amounts

collected in accordance with section

1857(e)(2) are specifically authorized to

be appropriate only for the purpose of

carrying out section 1851 (relating to

enrollment and dissemination of

information) and section 4360 of OBRA

’90 (SHIP).

II. Provisions of the Interim Final Rule

We are amending our regulations to

provide for a 2-tiered approach for

making grants under SHIP. Section

403.504(a) is revised to provide that for

aggregate annual expenditures of up to

$10 million, grants will be made

according to the current procedures set

forth in § 403.504. That is, each eligible

State will receive a fixed as well as

variable amount as set forth in

paragraphs (b) and (c) of that section.

We plan to continue to fund this first

tier of grants from our program

management budget and through any

Congressional appropriations made for

the purpose of implementing this

program.

With respect to the second tier, any

grants that exceed a total of $10 million

annually will be made at our discretion

according to criteria that will be

communicated to States through the

grant solicitation process (See revised

§ 403.504(a)). We have decided to notify

States of the criteria for awarding the

grants rather than publish specific

criteria in our regulations in order to

give us the flexibility required by the

dynamic nature of the health care

industry.

The statutory foundation for the

current SHIP directed the focus of this

program primarily on informing

beneficiaries about their rights and

options in regard to supplemental

insurance. Since that time, changes in

the climate of the health care industry,

including, for example, Medicare

reform, the implementation of the M+C

program, and ongoing consolidation

within the managed care industry, have

introduced a host of issues that have

profoundly changed access to services,

and greatly increased the need for

accurate and unbiased information to

support informed choice and decisionmaking among beneficiaries.

Significant issues have emerged that

affect and confuse beneficiaries. For

example, health care options available

today require coverage and payment

choices by beneficiaries. Rapidly

emerging issues, such as managed care

plan withdrawals, create an urgent need

for quick response to the concerns of

affected beneficiaries and their care

givers. Greater choice for beneficiaries

requires SHIPs to modify, and in many

instances, expand, their programs, both

in the size and scope of services they

provide.

Our policies must have the flexibility

to accommodate changes facing the

Medicare program and its beneficiaries.

Therefore, we will use our discretion to

allocate the additional funds in ways

that will best serve beneficiaries through

Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations 34985

SHIP. This will allow us to adapt to the

particular needs of beneficiaries at a

given time.

We are revising § 403.502,

Availability of grants, to reflect the

change in the source of grant awards.

This change clarifies that we award

grants to States subject to fund

availability, and if applicable, subject to

the satisfactory progress in the State’s

project during the preceding grant

period.

We are revising § 403.504, Number

and size of grants, at paragraph (a) to

specify that, for available grant funds,

up to and including $10,000,000, grants

will be apportioned to States according

to the grant award process currently in

place. We are also revising paragraph (b)

to highlight the availability of funds as

a condition of award.

We are revising § 403.508,

Limitations, at paragraph (a) to

emphasize the fact that States receiving

grants under this subpart must use the

grant money in accordance with the

terms and conditions specified in the

notice of grant award.

III. Response to Comments

Because of the large number of items

of correspondence we normally receive

on Federal Register documents

published for comment, we are not able

to acknowledge or respond to them

individually. We will consider all

relevant comments we receive by the

date and time specified in the DATES

section of this preamble, and, when we

proceed with a subsequent document,

we will respond to the comments in the

preamble to that document.

IV. Waiver of Proposed Rulemaking

We ordinarily publish a notice of

proposed rulemaking in the Federal

Register and provide a period for public

comment before the provisions of a rule

are made final. Publication of a notice

of proposed rulemaking may be waived

if we find there is good cause that prior

notice and comment are impractical,

unnecessary, or contrary to public

interest. Because the changes effected in

this rule are not substantive, but, rather

are procedural and technical in nature,

and serve primarily to explain our

policies, we have determined that notice

and comment is not required. In

addition, under 42 U.S.C. 1395hh (a)–

(b), notice and comment is not required

where a statute specifically permits a

regulation to be issued in interim final

form. Section 4207(j) of Public Law No.

101–508, the same legislation (OBRA

’90) containing section 4360, which

established the grants that are the

subject of this regulation, specifically

authorizes the Secretary to implement

section 4360 by interim final rule.

Nevertheless, we are providing a 60-day

period for public comment on this rule.

We will consider relevant comments

that are received timely, and will

respond to those comments and make

changes in a subsequent document as

appropriate and necessary.

V. Collection of Information

Requirements

This interim final rule does not

impose any information collection and

recordkeeping requirements that are

subject to review by the Office of

Management and Budget under the

Paperwork Reduction Act of 1995.

VI. Regulatory Impact Statement

We have examined the impacts of this

interim final rule as required by

Executive Order (E.O.) 12866, the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4), the Regulatory

Flexibility Act (RFA) (5 U.S.C. sections

601–612) (Public Law 96–354), and

section 1102(b) of the Social Security

Act.

Executive Order 12866 directs

agencies to assess all costs and benefits

of available regulatory alternatives and

when 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

significant regulatory action that may

have economically significant effects

($100 million or more annually). For

purpose of E.O. 12866, this interim final

rule is not expected to have an impact

that meets the economically significant

threshold.

The Unfunded Mandates Reform Act

of 1995 (UMRA) applies to general

notices of proposed rulemaking and

final rules for which a general notice of

proposed rulemaking was published.

Thus, this interim final rule is not

subject to the requirements of the

UMRA. Despite its inapplicability, this

rule is not a ‘‘significant regulatory

action’’ within the meaning of the

UMRA. Section 202 of the Unfunded

Mandates Reform Act of 1995 requires

agencies to prepare an assessment of

anticipated costs and benefits before

publishing any rule that may result in

an expenditure in any year by State,

local, or tribal governments, in the

aggregate, or by the private sector, of

$100 million or more. We have

determined that this interim final rule

will not result in such an expenditure.

The RFA requires agencies to analyze

options for regulatory relief of small

entities. For purposes of the RFA, small

entities include small businesses,

certain non-profit organizations and

small governmental jurisdictions. We

generally prepare a regulatory flexibility

analysis that is consistent with the RFA

unless we certify that an interim final

rule will not have a significant impact

on a substantial number of small

entities. The impact of this rule will fall

primarily on States and individuals. For

purposes of the RFA, we do not

consider States or individuals to be

small entities. We have not prepared an

analysis for the RFA because we have

determined, and certify, that this

interim final rule has no significant

economic impact on small entities.

Section 1102(b) of the Social Security

Act (the Act) requires us to prepare a

regulatory impact analysis (RIA) if a rule

or regulation may have a significant

impact on the operations of a substantial

number of small rural hospitals. This

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 50

beds.

We have not prepared an analysis for

section 1102(b) of the Act because we

have determined that this interim final

rule has no significant economic impact

on a substantial number of small rural

hospitals.

In accordance with the provisions of

Executive Order 12866, this interim

final rule with comment period was not

reviewed by the Office of Management

and Budget.

List of Subjects in 42 CFR Part 403

Health insurance, Hospitals,

Intergovernmental relations, Medicare,

Reporting and Recordkeeping

requirements.

42 CFR part 403 is amended as

follows:

PART 403—SPECIAL PROGRAMS AND

PROJECTS

1. The authority citation for part 403

continues to read as follows:

Authority: Secs. 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1395hh).

2. Section 403.502 is revised to read

as follows:

§ 403.502 Availability of grants.

HCFA awards grants to States subject

to availability of funds, and if

applicable, subject to the satisfactory

progress in the State’s project during the

preceding grant period. The criteria by

which progress is evaluated and the

performance standards for determining

34986 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations

whether satisfactory progress has been

made are specified in the terms and

conditions included in the notice of

grant award sent to each State. HCFA

advises each State as to when to make

application, what to include in the

application, and provides information

as to the timing of the grant award and

the duration of the grant award. HCFA

also provides an estimate of the amount

of funds that may be available to the

State.

3. In § 403.504, paragraph (a) and the

introductory text of paragraph (b), are

revised to read as follows:

§ 403.504 Number and size of grants.

(a) General. For available grant funds,

up to and including $10,000,000, grants

will be made to States according to the

terms and formula in paragraphs (b) and

(c) of this section. For any available

grant funds in excess of $10,000,000,

distribution of grants will be at the

discretion of HCFA, and will be made

according to criteria that HCFA will

communicate to the States via grant

solicitation. HCFA will provide

information to each State as to what

must be included in the application for

grant funds. HCFA awards the following

type of grants:

(1) New program grants.

(2) Existing program enhancement

grants.

(b) Grant Award. Subject to the

availability of funds, each eligible State

that submits an acceptable application

receives a grant that includes a fixed

amount (minimum funding level) and a

variable amount.

* * * * *

4. Section 403.508(a) is revised to

read as follows:

§ 403.508 Limitations.

(a) Use of grants. Except as specified

in paragraph (b) of this section, and in

the terms and conditions in the notice

of grant award, a State that receives a

grant under this subpart may use the

grant for any reasonable expenses for

planning, developing, implementing,

and/or operating the program for which

the grant is made as described in the

solicitation for application for the grant.

* * * * *

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—

Hospital Insurance; and Program No.

93.774, Medicare—Supplementary

Medical Insurance Program)

Dated: December 3, 1999.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing

Administration.

Approved: March 27, 2000.

Donna E. Shalala,

Secretary.

[FR Doc. 00–13601 Filed 5–31–00; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Office of Inspector General

45 CFR Part 5b

RIN 0991–AA99

Privacy Act; Implementation

AGENCY: Office of Inspector General

(OIG), HHS.

ACTION: Final rule.

SUMMARY: This final rule exempts the

new system of records, the Healthcare

Integrity and Protection Data Bank

(HIPDB), from certain provisions of the

Privacy Act (5 U.S.C. 552a). The

establishment of the HIPDB is required

by section 1128E of the Social Security

Act (the Act), as added by section 221(a)

of the Health Insurance Portability and

Accountability Act (HIPAA) of 1996.

Section 1128E of the Act directed the

Secretary to establish a national health

care fraud and abuse data collection

program for the reporting and disclosing

of certain final adverse actions taken

against health care providers, suppliers

or practitioners, and to maintain a data

base of final adverse actions taken

against health care providers, suppliers

and practitioners. Regulations

implementing the new HIPDB were

published in the Federal Register on

October 26, 1999 (64 FR 57740). The

exemption being set forth in this rule

applies to investigative materials

compiled for law enforcement purposes.

EFFECTIVE DATE: This rule is effective on

June 1, 2000.

FOR FURTHER INFORMATION CONTACT: Rick

Burguieres, Investigative Policy and

Information Management Staff, Office of

Investigations, (202) 205–5200.

SUPPLEMENTARY INFORMATION:

I. The Healthcare Integrity and

Protection Data Bank

The Health Insurance Portability and

Accountability Act (HIPAA) of 1996,

Public Law 104–191, requires the

Secretary, acting through the Office of

Inspector General (OIG) and the United

States Attorney General, to establish a

new health care fraud and abuse control

program to combat health care fraud and

abuse (see section 1128C of the Act, as

enacted by section 201(a) of HIPAA).

Among the major steps in this program

is the establishment of a national data

bank to receive and disclose certain

final adverse actions against health care

providers, suppliers, or practitioners

(see section 1128C(a)(1)(E) of the Act).

The establishment of the data bank is

required by section 1128E of the Act

(added by section 221(a) of HIPAA),

which directs the Secretary to maintain

a data base of such final adverse actions.

Final adverse actions include: (1) Civil

judgments against a health care

provider, supplier, or practitioner in

Federal or State court related to the

delivery of a health care item or service;

(2) Federal or State criminal convictions

against a health care provider, supplier,

or practitioner related to the delivery of

a health care item or service; (3) actions

by Federal or State agencies responsible

for the licensing and certification of

health care providers, suppliers, or

practitioners; (4) exclusion of a health

care provider, supplier, or practitioner

from participation in Federal or State

health care programs; and (5) any other

adjudicated actions or decisions that the

Secretary establishes by regulations.

Settlements in which no findings or

admissions of liability have been made

will be excluded from reporting.

However, any final adverse action that

emanates from such settlements, and

that would otherwise be reportable

under the statute, is to be reported to the

data bank. Final adverse actions are to

be reported, regardless of whether such

actions are being appealed by the

subject of the report (see section

1128E(b)(2)(C) of the Act). Final

regulations implementing the statutory

requirements of section 1128E of the Act

and establishing the new HIPDB were

published in the Federal Register on

October 26, 1999 (64 FR 57740).

Groups that have access to this new

data bank system include Federal and

State government agencies; health plans;

and self queries from health care

suppliers, providers and practitioners.

Reporting is limited to the same groups

that have access to the information. One

of the primary purposes of these data

will be use of this information by a

Federal or State government agency

charged with the responsibility of

investigating or prosecuting a case

where there is an indication of a

violation or potential violation of law,

whether civil, criminal or regulatory in

nature. The information in this system