Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Notices 18137

The October 1994 notice required

State Medicaid agencies to specify the

reimbursement for the administration of

the pediatric vaccines, and, if

applicable, submit documentation of

equal access, due by April 1 of each

year, beginning April 1, 1995 (and

which is effective July 1, 1995), as part

of its obstetrical/pediatric payment rate

State Medicaid plan amendment

submittal. The notice also stated that if

the State Medicaid agency elected to

pay the maximum regional amount

statewide, it need only specify this in its

State plan amendment submittal (no

additional documentation would have

been needed). However, if the State

Medicaid agency elected to vary the

vaccine administration fee by

geographic areas within the State, the

State must list the administration fee,

specify the methodology, and provide

data for each geographic area where the

maximum charges are not applied.

Additionally, the notice stated that,

because of the October 1, 1994

implementation date, the State plan

amendment must have been submitted

by December 31, 1994, and have been

effective October 1, 1994. For the

interim period of October 1, 1994,

through March 31, 1995, the notice

provided that States may claim Federal

matching funds for the costs of

administration of vaccines to Medicaideligible children using the maximum

charges or lower fees established on the

basis of the guidance provided in the

notice. For this interim State plan

amendment, the State would have been

required to submit the methodology to

document access to immunizations but

would not have been required to supply

supporting data by which Medicaid

beneficiary access to immunizations

was assured. Beginning April 1, 1995,

documentation of equal access to

immunizations would have been

required to be included as part of the

yearly obstetrical/pediatric State plan

amendment submittal in accordance

with section 1926 of the Social Security

Act.

II. Rescission of Access Guidelines

As a result of our preliminary review

of public comments on the October 1994

notice regarding the documentation of

access requirements, we are rescinding

the requirement that States use the

access guidelines to provide assurances

of equal access, pending further

evaluation.

Following are some of the problems

the commenters identified with the

access requirements:

• Difficulties in obtaining current

data on the number of children in the

general population who have received

immunizations, despite the fact that

States have data on the number of

Medicaid children who have been

immunized.

• Difficulties in obtaining private

insurance information only on

administration fee reimbursement. It is

unlikely that private insurance

companies will have a reimbursement

rate that only covers the provider’s costs

for administration of the immunization.

• Difficulties in obtaining useable

data currently. These problems stem

from the fact that some States have not

yet implemented the VFC Program for

private providers.

• Difficulties in obtaining VFC

Program reimbursement data. Due to the

October 1, 1994, implementation date,

most of the claims data that would be

used to document access in April 1995

would reflect provider participation

based on the current reimbursement

system rather than reimbursement

through the VFC program.

• Difficulties in obtaining reliable and

meaningful measures of access.

Commenters urged HCFA to develop

meaningful measures of access for

vaccines and for all other obstetrical and

pediatric services.

As a result of the rescission of the

access guidelines, States will not be

required to provide a methodology or

data to document that payment levels

are sufficient to enlist enough providers

so that immunizations under the State

plan are available to Medicaid

recipients at least to the extent that

those services are available to the

general population.

HCFA is forming a workgroup that

will examine alternative measures of

access to vaccines. After this

examination is completed, we will

evaluate the various suggestions of the

group and formulate specific guidelines

for States. These guidelines, along with

responses to all other timely public

comments on the October 3, 1994,

notice, will be published in a final

Federal Register document.

In accordance with the provisions of

Executive Order 12866, this notice has

been reviewed by the Office of

Management and Budget.

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program)

Dated: February 5, 1995.

Bruce C. Vladeck,

Administrator, Health Care Financing

Administration.

Dated: March 2, 1995.

Donna E. Shalala,

Secretary.

[FR Doc. 95–8646 Filed 4–4–95; 4:13 am]

BILLING CODE 4120–01–P

Substance Abuse and Mental Health

Services Administration

Hearing Procedures for Certain Issues

Related to the Substance Abuse

Prevention and Treatment and the

Community Mental Health Services

Block Grant Programs

AGENCY: Substance Abuse and Mental

Health Services Administration

(SAMHSA), HHS.

ACTION: Notice.

SUMMARY: SAMHSA administers two

block grant programs: the Substance

Abuse Prevention and Treatment

(SAPT) Block Grant Program and the

Community Mental Health Services

(CMHS) Block Grant Program, both of

which are authorized by Title XIX of the

Public Health Service (PHS) Act.

Section 1945(e) of the PHS Act provides

a State the opportunity for a hearing on

certain noncompliance issues relating to

the block grants prior to the Secretary

taking final action against the State. To

the extent that the hearing procedures

contained in 45 CFR part 96, subpart E,

42 CFR part 50, subpart D, or 45 CFR

part 16 do not apply to the

noncompliance issue raised, the

guidelines established below for

hearings will apply to assist in

providing a prompt and orderly hearing.

When these procedures are applicable,

the State will be provided a copy of the

procedures with the notice of

noncompliance.

These procedures are currently

effective. However, we are inviting

comments from the public on the

procedures and such comments are to

be sent to the information contact

person identified immediately below

within 60 days from the date of this

publication. Comments received will be

carefully considered and may cause the

procedures to be revised.

FOR FURTHER INFORMATION CONTACT:

Richard Kopanda, Acting Executive

Officer, SAMHSA, 5600 Fishers Lane,

Room 12–105, Rockville, MD 20857,

Telephone No. (301) 443–3875.

Hearing Procedures

Sec. 1. Limitations on Issues Subject to

Review During the Hearing

The scope of review shall be limited

to (a) the facts relevant to the

noncompliance at issue, and (b) the

necessary interpretations of those facts,

any applicable regulations, and other

relevant law. The legal validity of any

regulations or statutes shall not be

subject to review under these

procedures.
18138 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Notices

Sec. 2. The Request for a Hearing and

the Hearing Official’s Response

(a) The State must submit a written

notice to the Substance Abuse and

Mental Health Services Administration

(SAMHSA) requesting a hearing within

15 days of the date of the notice of

noncompliance (which will set forth the

reasons for the finding of

noncompliance and be accompanied by

a copy of these hearing procedures),

unless some other time period is agreed

to by the parties. The written notice

must be sent to (name and address of

person identified in the letter to the

State). The written notice requesting a

hearing must include a copy of the

notice of noncompliance and a brief

statement of why the decision of

noncompliance is wrong.

(b) Within ten days after receiving the

request for review, SAMHSA will send

an acknowledgment, identify the

hearing official and advise the State of

the next steps.

Sec. 3. The Procedures for Development

of the Hearing File and Submission of

Written Argument

The procedures for development and

the submission of written argument are

as follows:

(a) State’s documents and briefs.

Within 30 days after receiving the

acknowledgment of the request for a

hearing, the State shall submit to the

hearing official the following (with a

copy of SAMHSA at the address listed

in sec. 2):

(1) A written statement, not to exceed

20 double-spaced pages, explaining why

the Government’s determination of

noncompliance is wrong.

(2) A review file containing the

documents supporting the State’s

argument, tabbed and reasonably

organized, and accompanied by an

index identifying each document. Only

essential documents should be

submitted to the hearing official.

(b) SAMHSA’s Documents and Brief.

Within 30 days after receiving the

State’s submission, SAMHSA shall

submit to the hearing official the

following (with a copy to the State):

(1) A written statement, not exceeding

20 double-spaced pages in length,

responding to the State’s brief.

(2) A review file containing

documents supporting the

Government’s decision of

noncompliance, tabbed and reasonably

organized, and accompanied by an

index identifying each document. Only

essential documents should be

submitted to the hearing official.

(c) The State’s Reply Brief. Within 15

days after receiving SAMHSA’s

submission, the State may submit a

short reply not to exceed 10 doublespaced pages (with a copy to SAMHSA

at the address listed in sec. 2).

Sec. 4. Opportunity for Oral

Presentation

(a) Electing Oral Presentation. Either

the Federal Government or the State

may request the opportunity for an oral

presentation by submitting such a

request in writing to the hearing official

on or before the date the State is to

submit its reply brief under section 3(c).

The hearing official will grant the

request if the official determines that a

genuine and substantial issue of fact has

been raised by the material submitted

and that the consideration of the issue

will benefit from an oral presentation.

The hearing official may also upon his

or her initiative request an oral

presentation by the parties.

(b) Preliminary Conference. The

hearing official may hold a prehearing

conference (usually a telephone

conference call) to consider any of the

following: Simplifying and clarifying

issues; stipulations and admissions;

limitations on evidence and witnesses

that will be presented at the hearing;

time allotted for each witness and the

hearing altogether; scheduling the

hearing; and any other matter that will

assist in the review process. Normally,

this conference will be conducted

informally. The hearing official may, at

his or her discretion, produce a written

document summarizing the conference

or transcribe the conference, either of

which will be made a part of the record.

(c) Time and Place of Oral

Presentation. The hearing official will

attempt to schedule the oral

presentation, if granted, within 30 days

of the date of the last reply brief. The

oral presentation will be held at a time

and place determined by the hearing

official following consultation with the

parties.

(d) Conduct of the Oral Presentation.

(1) General. The hearing official is

responsible for conducting the oral

presentation. The hearing official may

be assisted by one or more of his or her

employees or consultants in conducting

the oral presentation and hearing the

evidence. While the oral presentation

will be kept as informal as possible, the

hearing official may take all necessary

steps to ensure an orderly proceeding.

(2) Admission of Evidence. The formal

rules of evidence do not apply and the

hearing official will generally admit all

testimonial evidence unless it is clearly

irrelevant, immaterial, or unduly

repetitious. Each party may make an

opening and closing statement, may

present witnesses as agreed upon in the

prehearing conference or otherwise, and

may question the opposing party’s

witnesses. Since the parties have ample

opportunity to prepare the review file,

a party may introduce additional

documentation during the oral

presentation only with the permission

of the hearing official. The hearing

official may question witnesses directly

and take such other steps necessary to

ensure an effective and efficient

consideration of the evidence, including

setting time limitations on direct and

cross-examinations.

(3) Transcripts. The hearing official

may have the oral presentation

transcribed and, if so transcribed, the

transcript shall be made a part of the

record. Either party may request a copy

of the transcript and the requesting

party shall be responsible for paying for

its copy of the transcript.

(e) Obstruction of Justice or Making of

False Statements. Obstruction of justice

or the making of false statements by a

witness or any other person may be the

basis for a criminal prosecution under

18 U.S.C. 1505, 1001, or related statutes

or regulations.

(f) Post-hearing Procedures. At his or

her discretion, the hearing official may

require or permit the parties to submit

post-hearing briefs or proposed findings

and conclusions. Each party may submit

comments on any major prejudicial

errors in the transcript.

Sec. 5. Burden of Proof

In all cases, the Government bears the

burden of proving by a preponderance

of the evidence that the State has not

complied with the relevant provisions

of the law. However, if a State is

required to expend or otherwise account

for money in a particular manner, the

State shall have the burden of producing

audible records to show how the money

was spent or otherwise accounted for or

there will be a presumption created that

the State did not expend or otherwise

account for the funds correctly.

Sec. 6. Ex Parte Communications

Except for minor or routine

administrative and procedural matters, a

party shall not communicate with the

hearing official or his or her staff on the

matter without notice to the other party.

All written communications to the

hearing official shall simultaneously be

submitted to the other party.

Sec. 7. Transmission of Written

Communications and Calculation of

Deadlines

(a) Because of the importance of a

timely review, all written

communications are to be transmitted

by facsimile or overnight express mail.
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Notices 18139

The date of transmission (for facsimile)

or the day following mailing (for

overnight mail) will be considered the

date of receipt.

(b) In counting days, include

Saturdays, Sundays, and holidays.

However, if a due date falls on a

Saturday, Sunday, or Federal holiday,

then the due date is the next Federal

working day.

Sec. 8. Appointment of and Authority

and Responsibilities of Hearing Official

There shall only be one hearing

official appointed to the case and that

hearing official shall be appointed by

the Administrator of SAMHSA. In

addition to any other authority specified

in these procedures, the hearing official

shall have the authority to issue orders;

examine witnesses; take all steps

necessary for the conduct of an orderly

hearing; rule on requests and motions;

grant extensions of time for good

reasons; dismiss for failure to meet

deadlines or other requirements; order

the parties to submit relevant

information or witnesses; remand a case

for further action by the respondent;

waive or modify these procedures in a

specific case, usually with notice to the

parties; reconsider a decision where a

party promptly alleges a clear error of

fact or law; and to take any other action

necessary to resolve disputes in

accordance with the objectives of these

procedures.

Sec. 9. Administrative Record

The administrative record of review

consists of the review file including the

government’s notice and the State’s

request for a hearing; other submissions

by the parties; transcripts or other

records of any meetings, conference

calls, or oral presentation; evidence

submitted at the oral presentation; and

orders and other documents issued by

the hearing official.

Sec. 10. Written Recommendation

(a) Issuance of Recommendation. The

hearing official shall issue a written

recommendation on the case which will

be transmitted to the Secretary for a

final decision. The written

recommendation will set forth the

reasons for the recommendation and

describe the basis therefore in the

record. The hearing official will send a

copy of the recommendation to the State

and SAMHSA.

(b) Date of Recommendation. The

hearing official will attempt to issue his

or her recommendation within 15 days

of the date of the oral presentation, the

date on which the transcript is received,

or the date of the last submission by

either party, whichever is later. If there

is no oral presentation, the

recommendation will normally be

issued within 15 days of the date of

receipt of the last reply brief. Once

issued, the hearing official will

immediately communicate the

recommendation to each party.

Dated: March 28, 1995.

Nelba Chavez,

Administrator.

[FR Doc. 95–8648 Filed 4–7–95; 8:45 am]

BILLING CODE 4162–20–M

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. N–95–3910]

Office of Administration; Notice of

Submissions of Proposed Information

Collections to OMB

AGENCY: Office of Administration, HUD.

ACTION: Notices.

SUMMARY: The proposed information

collection requirements described below

have been submitted to the Office of

Management and Budget (OMB) for

review, as required by the Paperwork

Reduction Act. The Department is

soliciting public comment on the

subject proposals.

ADDRESSES: Interested persons are

invited to submit comment regarding

these proposals. Comments must be

received within thirty (30) days from the

date of this Notice. Comments should

refer to the proposal by name and

should be sent to: Joseph F. Lackey, Jr.,

OMB Desk Officer, Office of

Management and Budget, New

Executive Office Building, Washington,

DC 20503.

FOR FURTHER INFORMATION CONTACT:

Kay F. Weaver, Reports Management

Officer, Department of Housing and

Urban Development, 451 7th Street,

Southwest, Washington, DC 20410,

telephone (202) 708–0050. This is not a

toll-free number. Copies of the proposed

forms and other available documents

submitted to OMB may be obtained

from Ms. Weaver.

SUPPLEMENTARY INFORMATION: The

Department has submitted the proposals

for the collections of information, as

described below, to OMB for review, as

required by the Paperwork Reduction

act (44 U.S.C. Chapter 35).

The Notices list the following

information: (1) The title of the

information collection proposal; (2) the

office of the agency to collect the

information; (3) the description of the

need for the information and its

proposed use; (4) the agency form

number, if applicable; (5) what members

of the public will be affected by the

proposal; (6) an estimate of the total

number of hours needed to prepare the

information submission including

number of respondents, frequency of

response, and hours of response; (7)

whether the proposal is new or an

extension, reinstatement, or revision of

an information collection requirement;

and (8) the names and telephone

numbers of an agency official familiar

with the proposal and of the OMB Desk

Officer for the Department.

Authority: Section 3507 of the Paperwork

Reduction Act, 44 U.S.C. 3507; Section 7(d)

of the Department of Housing and Urban

Development Act, 42 U.S.C. 3535(d).

Dated: April 3, 1995.

David S. Cristy,

Acting Director, Information Resources,

Management Policy and Management

Division.

Notice of Submission of Proposed

Information Collection to OMB

Proposal: Financial Statement.

Office: Housing.

Description Of The Need For The

Information And Its Proposed Use: This

form is used by HUD in determining

factors involved when compromises are

reached with borrowers to lighten the

financial burdens in given cases of Title

I Home Improvement and Mobile Home

Loans.

Form Number: HUD–56142.

Respondents: Individuals or

Households.

Reporting Burden:

Number of

respondents × Frequency ofresponse × Hours perresponse = Burdenhours

HUD–56142 ..................................................................................... 1,258 1 1 1,258