28698 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices 

radiation doses may have endangered 

the health of members of this class. 

Matters To Be Discussed: The agenda 

for the Advisory Board meeting includes 

Selection of 8th Round of Dose 

Reconstruction Cases for Review; SEC 

Petitions for Rocky Flats, Bethlehem 

Steel, Sandia Livermore, Chapman 

Valve, and Dow-Madison; Use of Data 

from Other Sites; Timeliness of Program 

Activities; and Board Schedule and 

Board Working Time. 

The agenda is subject to change as 

priorities dictate. In the event an 

individual cannot attend, written 

comments may be submitted. Any 

written comments received will be 

provided at the meeting and should be 

submitted to the contact person below 

well in advance of the meeting. 

Contact Person for More Information: 

Dr. Lewis V. Wade, Executive Secretary, 

NIOSH, CDC, 4676 Columbia Parkway, 

Cincinnati, Ohio 45226, Telephone 

513.533.6825, Fax 513.533.6826. 

The Director, Management Analysis 

and Services Office, has been delegated 

the authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities, for both CDC 

and the Agency for Toxic Substances 

and Disease Registry. 

Dated: May 15, 2007. 

Elaine L. Baker, 

Acting Director, Management Analysis and 

Services Office, Centers for Disease Control 

and Prevention. 

[FR Doc. E7–9798 Filed 5–21–07; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Medicaid Program; Notice of Single 

Source Grant Award to the State of 

Louisiana for the Grant Entitled 

‘‘Deficit Reduction Act—Hurricane 

Katrina Healthcare Related 

Professional Workforce Supply’’

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

Funding Amount: $15,000,000. 

Period of Performance: March 1, 

2007–September 30, 2009. 

SUMMARY: On March 1, 2007, this grant 

program was made available to the State 

of Louisiana to fund State payments for 

professional healthcare workforce 

fulfillment in Greater New Orleans, 

which has continued to face unique 

health professional shortages as a result 

of Hurricane Katrina and its subsequent 

floods. With nearly 4,500 doctors 

displaced and approximately 50 percent 

of the physicians who worked in Region 

1 before Hurricane Katrina, no longer 

practicing there, Greater New Orleans is 

experiencing a shortage of primary care 

doctors to see Medicaid and uninsured 

patients. 

Funding recently awarded under this 

grant program must be used by the State 

to make payments for purposes of 

recruitment and retention of 

professional healthcare staff for the 

impacted communities. For purposes of 

this grant, impacted communities are 

those four parishes located in the State 

of Louisiana that comprise Region 1, as 

defined by the Louisiana Department of 

Health and Hospitals, namely, Orleans, 

Jefferson, St. Bernard, and Plaquemines. 

The grant funds must be used only for 

purposes of recruitment or retention of 

healthcare workforce professionals in 

Greater New Orleans. The State has 

been given flexibility in determining the 

payment methodology, the scope and 

type of activities, criteria for awarding 

payment, and the amount of payments 

to be made to such professionals. 

Payment recipients are limited to 

licensed healthcare professionals. 

Activities include those that were 

recommended by the Louisiana Health 

Care Redesign Collaborative (LHCRC) in 

their concept paper submitted to the 

Secretary on October 20, 2006. These 

activities include but are not limited to: 

Income guarantees, annual medical 

malpractice payment relief, loan 

repayments, and incentive payments 

(relocation expenses and sign-on 

bonuses). Grant funds may not be 

distributed to staff who are no longer 

providing professional healthcare 

services in the Greater New Orleans area 

at the time of the disbursement of grant 

funds. All payments must be made 

under this grant program by the end of 

federal fiscal year 2009. 

Payments to physicians and other 

professional healthcare workforce staff 

under this program are not allowed to 

be considered payments for Medicare, 

Medicaid or other specific services, and 

are not available as the non-Federal 

share of expenditures or for 

supplemental disproportionate share 

hospital payments. Payments cannot be 

made conditional on the provision of 

any particular items or services by the 

professionals. Grant applications 

requesting funds to be used for the nonFederal share of Medicaid or other 

federal grant expenditures or for 

supplemental Medicaid 

disproportionate share hospital 

payments will not be considered. 

This award was made based on the 

authority granted by section 6201 of the 

Deficit Reduction Act (DRA). In 

particular, section 6201(a)(4) of the DRA 

provides authority to the Secretary, 

Department of Health and Human 

Services (DHHS), to make payments to 

States to restore access to healthcare in 

communities impacted by Hurricane 

Katrina. 

Justification For Exception To 

Competition: The Secretary invoked his 

authority to restore healthcare in 

impacted communities affected by 

Hurricane Katrina by offering this 

unique funding opportunity which will 

give further incentive to the retention 

and recruitment of healthcare workforce 

professionals in Greater New Orleans. 

Louisiana is the only State with 

knowledge and ability to administer a 

grant designed to affect impacted 

Louisiana communities. For this reason, 

the Secretary has directed the Centers 

for Medicare & Medicaid Services to 

issue a single-source award to the State 

of Louisiana to increase access to 

healthcare services and to relieve 

economic pressures suffered by 

healthcare providers resulting from both 

the hurricane and its subsequent 

flooding. 

FOR FURTHER INFORMATION CONTACT: 

Wendy J. Taparanskas, Ph.D., Health 

Insurance Specialist, Office of the 

Center Director, Centers for Medicaid 

and State Operations, Centers for 

Medicare & Medicaid Services, Mail 

Stop S2–26–12, 7500 Security 

Boulevard, Baltimore, MD 21244, (410) 

786–5245. 

Authority: Section 6201(a)(4) of the Deficit 

Reduction Act of 2005 (DRA). 

Dated: May 7, 2007. 

Leslie V. Norwalk, 

Acting Administrator,Centers for Medicare & 

Medicaid Services. 

[FR Doc. E7–9792 Filed 5–21–07; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers For Medicare & Medicaid 

Services 

Privacy Act of 1974: CMS Computer 

Match No. 2007–02; HHS Computer 

Match No. 0701 

AGENCY: Department of Health and 

Human Services (HHS), Centers for 

Medicare & Medicaid Services (CMS). 

ACTION: Notice of Computer Matching 

Program (CMP). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices 28699 

as amended, this notice announces the 

establishment of a CMP that CMS plans 

to conduct with the Health 

Administration Center (HAC) of the 

Department of Veteran Affairs. We have 

provided background information about 

the proposed matching program in the 

‘‘Supplementary Information’’ section 

below. The Privacy Act provides an 

opportunity for interested persons to 

comment on the proposed matching 

program. We may defer implementation 

of this matching program if we receive 

comments that persuade us to defer 

implementation. See EFFECTIVE DATES

section below for comment period. 

EFFECTIVE DATES: CMS filed a report of 

the CMP with the Chair of the House 

Committee on Oversight and 

Government Reform, the Chair of the 

Senate Committee on Governmental 

Affairs, and the Acting Administrator, 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB) on 05/16/2007. We will 

not disclose any information under a 

matching agreement until 40 days after 

filing a report to OMB and Congress or 

30 days after publication in the Federal 

Register, whichever is later. We may 

defer implementation of this matching 

program if we receive comments that 

persuade us to defer implementation. 

ADDRESSES: The public should address 

comments to: Walter Stone, CMS 

Privacy Officer, Division of Privacy 

Compliance (DPC), Enterprise 

Architecture and Strategy Group 

(EASG), Office of Information Services 

(OIS), CMS, Mailstop N2–04–27, 7500 

Security Boulevard, Baltimore, 

Maryland 21244–1850. Comments 

received will be available for review at 

this location, by appointment, during 

regular business hours, Monday through 

Friday from 9 a.m.–3 p.m., eastern 

daylight time. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl Sample, Senior Privacy 

Specialist, DPC, EASG, OIS, CMS, 

Mailstop N2–04–27, 7500 Security 

Boulevard, N2–04–27, Baltimore, 

Maryland 21244–1850. The telephone 

number is (410) 786–7185, facsimile 

(410) 786–5636, or e-mail 

cheryl.sample@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Description of the Matching Program 

A. General 

The Computer Matching and Privacy 

Protection Act of 1988 (Public Law(Pub. 

L. 100–503), amended the Privacy Act (5 

U.S.C. 552a) by describing the manner 

in which computer matching involving 

Federal agencies could be performed 

and adding certain protections for 

individuals applying for and receiving 

Federal benefits. 

Section 7201 of the Omnibus Budget 

Reconciliation Act of 1990 (Pub. L. 101–

508) further amended the Privacy Act 

regarding protections for such 

individuals. The Privacy Act, as 

amended, regulates the use of computer 

matching by Federal agencies when 

records in a system of records (SOR) are 

matched with other Federal, state, or 

local government records. It requires 

Federal agencies involved in computer 

matching programs to: 

1. Negotiate written agreements with 

the other agencies participating in the 

matching programs; 

2. Obtain the Data Integrity Board 

approval of the match agreements; 

3. Furnish detailed reports about 

matching programs to Congress and 

OMB; 

4. Notify applicants and beneficiaries 

that the records are subject to matching; 

and, 

5. Verify match findings before 

reducing, suspending, terminating, or 

denying an individual’s benefits or 

payments. 

B. CMS Computer Matches Subject to 

the Privacy Act 

CMS has taken action to ensure that 

all CMPs that this Agency participates 

in comply with the requirements of the 

Privacy Act of 1974, as amended. 

Dated: May 8, 2007. 

Charlene Frizzera, 

Acting Chief Operating Officer, Centers for 

Medicare & Medicaid Services. 

Computer Match No. 2007–02 

HHS Computer Match No. 0701 

NAME: 

Computer Matching Agreement 

Between the Centers for Medicare & 

Medicaid Services (CMS) and the Health 

Administration Center (HAC) of the 

Department of Veterans Affairs for 

Verification of CHAMPVA Eligibility’’. 

SECURITY CLASSIFICATION: 

Level Three Privacy Act Sensitive. 

PARTICIPATING AGENCIES: 

The Centers for Medicare & Medicaid 

Services, and Health Administration 

Center (HAC) of the Department of 

Veterans Affairs. 

AUTHORITY FOR CONDUCTING MATCHING

PROGRAM: 

This Computer Matching Program 

(CMP) is executed to comply with the 

provisions of Public Laws (Pub. L.) 93–

82, 94–581, 102–190, and 107–14 

(codified at Title 38 United States Code 

(U.S.C.) 1713, renumbered Title 38 

U.S.C. 1781), which restrict CHAMPVA 

eligibility for benefits dependent upon a 

beneficiary’s Medicare Part A and Part 

B status. This computer match will 

match CHAMPVA applicants and 

beneficiaries with Medicare Parts A and 

B beneficiaries. 

PURPOSE(S) OF THE MATCHING PROGRAM: 

The purpose of this computer 

matching agreement is to establish the 

conditions, safeguards and procedures 

under which the CMS and HAC will 

conduct a computer-matching program 

to determine entitlement to CHAMPVA 

benefits. Under the terms of this 

matching agreement, HAC will provide 

to CMS a list of social security numbers 

(SSN) for all CHAMPVA eligible 

beneficiaries who may also be eligible 

for Medicare benefits. This information 

is maintained in HAC’s System of 

Records (SOR) entitled ‘‘Health 

Administration Center Civilian Health 

and Medical Program Records–VA.’’

CMS agrees to conduct a computer 

match of the SSNs of beneficiaries 

provided by HAC against the 

information found in CMS’s Enrollment 

Database (EDB) SOR. HAC will receive 

the results of the computer match in 

order to determine a beneficiary’s 

eligibility for care under CHAMPVA. 

CATEGORIES OF RECORDS AND INDIVIDUALS

COVERED BY THE MATCH: 

Upon establishment of the CHAMPVA 

program under Public Law 93–82, 

CHAMPVA entitlement will be 

terminated when any individual 

becomes eligible for Medicare Part A 

(Hospital Insurance) on a non-premium 

basis. Public Law 94–581 provided for 

reinstatement of CHAMPVA as second 

payer for beneficiaries aged 65 and over 

who exhausted a period of Medicare 

Part (Hospital Insurance). These 

beneficiaries must also be enrolled in 

Medicare Part B (Medical Insurance) in 

order to retain their CHAMPVA 

entitlement. Public Law 102–190 

extended CHAMPVA benefit to age 65 

for any beneficiary eligible for Medicare 

Part A on the basis of disability/end 

stage renal disease (ESRD) only if that 

individual is also enrolled in Medicare 

Part B. Public Law 107–14 provided for 

extending benefit coverage for 

beneficiaries over the age of 65 years if 

the beneficiary is in receipt of Medicare 

Part A and Medicare Part B. 

DESCRIPTION OF RECORDS TO BE USED IN THE

MATCHING PROGRAM: 

Systems of Records 

Records Maintained by HAC 

The information used in this 

matching program is maintained in the 

HAC system identified as 54VA16, 

entitled ‘‘Health Administration Center 


jlentini on PROD1PC65 with NOTICES
28700 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices 

Civilian Health and Medical Program 

Records–VA,’’ last published at 68 FR 

53784 (September 12, 2003). SSNs of 

CHAMPVA beneficiaries will be 

released to CMS pursuant to the routine 

use number 21 as set forth in the system 

notice. 

RECORDS MAINTAINED BY CMS

The matching program will be 

conducted with data maintained by 

CMS in the EDB, System No. 09–70–

0502, published at 67 FR 3203 (January 

23, 2002). Matched data will be released 

to HAC pursuant to the routine use 

number 2 as set forth in the system 

notice. 

INCLUSIVE DATES OF THE MATCH: 

The CMP shall become effective no 

sooner than 40 days after the report of 

the Matching Program is sent to OMB 

and Congress, or 30 days after 

publication in the Federal Register, 

whichever is later. The matching 

program will continue for 18 months 

from the effective date and may be 

extended for an additional 12 months 

thereafter, if certain conditions are met. 

[FR Doc. E7–9789 Filed 5–21–07; 8:45 am] 

BILLING CODE 4120–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Notice To Award a Grant 

Program Office: Administration on 

Children, Youth and Families (ACYF)/ 

Family and Youth Services Bureau 

(FYSB). 

Recipient Name: Medical Institute for 

Sexual Health. 

Announcement Type: Notice to 

Award a Grant. 

CFDA Number: 93.235. 

Amount of Award: $207,400. 

Project Period: 5/1/2007–4/30/2008. 

Summary: This is a notice to award a 

grant to the Medical Institute for Sexual 

Health, Austin, TX, in the amount of 

$207,400 to support the development of 

online medical accuracy training for 

abstinence education providers. 

Background: The Medical Institute for 

Sexual Health proposes to develop an 

online instructor-led workshop to train 

abstinence education providers in 

methods to access medically accurate 

sexual health information via the 

internet. Participants will learn to 

identify credible internet resources for 

sexual health information, efficiently 

and effectively search the internet, and 

answer most questions on sexual health 

topics. 

The proposal is within the scope of 

technical assistance activities that the 

Abstinence Education Division of the 

Family and Youth Services Bureau 

(FYSB) provides to grantees with regard 

to integrating medical and scientific 

information into abstinence education 

programming. The Congress, in 

appropriating funds for the program, has 

directed the Administration for 

Children and Families (ACF) to devote 

up to five percent of appropriated funds 

for technical assistance and capacitybuilding for abstinence education 

grantees. In addition, the proposed 

activities of this awardee are outside the 

scope of the ACF’s previous or proposed 

abstinence education competitive 

program announcements and would not 

qualify for any other existing grant 

opportunities. 

For Further Information Contact: 

Stanley Koutstaal, Ph.D., Acting 

Director, Division of Abstinence 

Education, 1250 Maryland Ave., SW., 

Washington, DC 20024, (202) 401–9205, 

Nina.Degeorge@ACF.hhs.gov. 

Dated: May 16, 2007. 

Harry Wilson, 

Associate Commissioner, Family and Youth 

Services Bureau. 

[FR Doc. E7–9824 Filed 5–21–07; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. 2005E–0248] 

Determination of Regulatory Review 

Period for Purposes of Patent 

Extension; FOSRENOL 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) has determined 

the regulatory review period for 

FOSRENOL and is publishing this 

notice of that determination as required 

by law. FDA has made the 

determination because of the 

submission of an application to the 

Director of Patents and Trademarks, 

Department of Commerce, for the 

extension of a patent which claims that 

human drug product. 

ADDRESSES: Submit written comments 

and petitions to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. Submit 

electronic comments to http:// 

www.fda.gov/dockets/ecomments. 

FOR FURTHER INFORMATION CONTACT: 

Beverly Friedman, Office of Regulatory 

Policy (HFD–007), Food and Drug 

Administration, 5600 Fishers Lane, 

Rockville, MD 20857, 301–594–2041. 

SUPPLEMENTARY INFORMATION: The Drug 

Price Competition and Patent Term 

Restoration Act of 1984 (Public Law 98–

417) and the Generic Animal Drug and 

Patent Term Restoration Act (Public 

Law 100–670) generally provide that a 

patent may be extended for a period of 

up to 5 years so long as the patented 

item (human drug product, animal drug 

product, medical device, food additive, 

or color additive) was subject to 

regulatory review by FDA before the 

item was marketed. Under these acts, a 

product’s regulatory review period 

forms the basis for determining the 

amount of extension an applicant may 

receive. 

A regulatory review period consists of 

two periods of time: A testing phase and 

an approval phase. For human drug 

products, the testing phase begins when 

the exemption to permit the clinical 

investigations of the human drug 

product becomes effective and runs 

until the approval phase begins. The 

approval phase starts with the initial 

submission of an application to market 

the human drug product and continues 

until FDA grants permission to market 

the drug product. Although only a 

portion of a regulatory review period 

may count toward the actual amount of 

extension that the Director of Patents 

and Trademarks may award (for 

example, half the testing phase must be 

subtracted as well as any time that may 

have occurred before the patent was 

issued), FDA’s determination of the 

length of a regulatory review period for 

a human drug product will include all 

of the testing phase and approval phase 

as specified in 35 U.S.C. 156(g)(1)(B). 

FDA recently approved for marketing 

the human drug product FOSRENOL 

(lanthanum carbonate hydrate). 

FOSRENOL is indicated to reduce 

serum phosphate in patients with end 

stage renal disease. Subsequent to this 

approval, the Patent and Trademark 

Office received a patent term restoration 

application for FOSRENOL (U.S. Patent 

No. 5,968,976) from Shire International 

Licensing, B.V., and the Patent and 

Trademark Office requested FDA’s 

assistance in determining this patent’s 

eligibility for patent term restoration. In 

a letter dated July 8, 2005, FDA advised 

the Patent and Trademark Office that 

this human drug product had undergone 

a regulatory review period and that the 

approval of FOSRENOL represented the 

first permitted commercial marketing or 

use of the product. Shortly thereafter, 


jlentini on PROD1PC65 with NOTICES