33448 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 

ANNUAL BURDEN ESTIMATES

Instrument Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden hours 

per response 

Total burden 

hours 

ACF–696 .......................................................................................................... 56 4 5 1,120. 

Estimated Total Annual Burden 

Hours: 1,120. 

In compliance with the requirements 

of Section 506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the 

Administration for Children and 

Families is soliciting public comment 

on the specific aspects of the 

information collection described above. 

Copies of the proposed collection of 

information can be obtained and 

comments may be forwarded by writing 

to the Administration for Children and 

Families, Office of Administration, 

Office of Information Services, 370 

L’Enfant Promenade, SW., Washington, 

DC 20447, Attn: ACF Reports Clearance 

Officer. E-mail address: 

infocollection@acf.hhs.gov. All requests 

should be identified by the title of the 

information collection. 

The Department specifically requests 

comments on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted 

within 60 days of this publication. 

Dated: July 8, 2009. 

Janean Chambers, 

Reports Clearance Officer. 

[FR Doc. E9–16508 Filed 7–10–09; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Comment Request 

Proposed Projects: 

Title: Child Care and Development 

Fund Annual Financial Report (ACF– 

696T) for Tribes. 

OMB No.: 0970–0195. 

Description: Tribes use the Financial 

Report Form ACF–696T to report Child 

Care and Development Fund (CCDF) 

expenditures. Authority to collect and 

report this information is found in 

Section 658G of the Child Care and 

Development Block Grant Act of 1990, 

as revised. In addition to the Program 

Reporting Requirements set forth in 45 

CFR part 98, Subpart H, the regulations 

at 45 CFR 98.65(g) and 98.67(c)(1) 

authorize the Secretary to require 

financial reports as necessary. 

Tribal grantees submit the ACF–696T 

report on an annual basis on behalf of 

the Tribal Lead Agency administering 

the Child Care and Development Fund 

(CCDF). 

The American Recovery and 

Reinvestment Act (ARRA) of 2009, (Pub. 

L. 111–5) provides an additional $2 

billion for the Child Care and 

Development Fund to help States, 

Territories, and Tribes provide child 

care assistance to low income working 

families. CCDF Program Instruction 

(CCDF–ACF–PI–2009–03) provided 

guidance on ARRA spending 

requirements. 

Section 1512 of the ARRA legislation 

requires recipients to report quarterly 

spending and performance data on the 

public Web site, ‘‘Recovery.gov.’’ 

Federal agencies are required to collect 

ARRA expenditure data and 

performance data and these data must 

be clearly distinguishable from the 

regular CCDF (non-ARRA) funds. To 

ensure transparency and accountability, 

the ARRA requires Federal agencies and 

grantees to track and report separately 

on expenditures from funds made 

available by the stimulus bill. Office of 

Management and Budget (OMB) 

guidance implementing the ARRA 

legislation indicates that agencies 

requiring additional information for 

oversight should rely on existing 

authorities and reflect these 

requirements in their award terms and 

conditions as necessary, following 

existing procedures. Therefore, to 

capture ARRA expenditures, the ACF– 

696T has been modified (by the addition 

of two columns) for reporting ARRA 

data. In addition, a new data element 

will ask Tribes to estimate the number 

of child service months funded with 

ARRA dollars. The collection will not 

duplicate other information. 

Respondents: Tribes and tribal 

organizations that are CCDF grantees. 

ANNUAL BURDEN ESTIMATES

Instrument Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden hours 

per response 

Total burden 

hours 

ACF–696T CCDF Financial Reporting Form for Tribes .................................. 232 1 8 1,856 

Estimated Total Annual Burden 

Hours: 1,856. 

In compliance with the requirements 

of Section 506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the 

Administration for Children and 

Families is soliciting public comment 

on the specific aspects of the 

information collection described above. 

Copies of the proposed collection of 

information can be obtained and 

comments may be forwarded by writing 

to the Administration for Children and 

Families, Office of Administration, 

Office of Information Services, 370 

L’Enfant Promenade, SW., Washington, 

DC 20447, Attn: ACF Reports Clearance 

Officer. E-mail address: 

infocollection@acf.hhs.gov. All requests 

should be identified by the title of the 

information collection. 

The Department specifically requests 

comments on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33449 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted 

within 60 days of this publication. 

Dated: July 8, 2009. 

Janean Chambers, 

Reports Clearance Officer. 

[FR Doc. E9–16505 Filed 7–10–09; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Notice of Hearing: Reconsideration of 

Disapproval of Washington State Plan 

Amendment (SPA) 08–019 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of hearing. 

SUMMARY: This notice announces an 

administrative hearing to be held on 

August 4, 2009 at the CMS Seattle 

Regional Office, 2201 Sixth Avenue, 

MS/RX–43, Seattle, Washington 98121, 

to reconsider CMS’ decision to 

disapprove Washington SPA 08–019. 

Closing Date: Requests to participate 

in the hearing as a party must be 

received by the presiding officer by July 

28, 2009. 

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’ decision to disapprove 

Washington SPA 08–019 which was 

received by CMS on September 23, 

2008, and disapproved on March 6, 

2009. The SPA proposed to increase 

dispensing fees for pharmacies from 

$4.20 to $4.24 for high-volume 

pharmacies, $4.51 to $4.56 for midvolume pharmacies, $5.20 to $5.25 for 

low-volume pharmacies, and $5.20 to 

$5.25 for unit dose systems. 

As submitted, SPA 08–019 has raised 

concerns regarding compliance with 

section 1902(a)(30) of the Social 

Security Act (the Act) and 

implementing regulatory requirements. 

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

requires that States have methods and 

procedures in place to assure that 

payments are consistent with efficiency, 

economy, and quality of care. Under 

that authority, the Secretary has issued 

regulations prescribing State rate-setting 

procedures and requirements. 

Longstanding requirements (presently 

codified at 42 CFR 447.512 and 447.514, 

and previously codified at 42 CFR 

447.331 and 447.332) provide that the 

State is responsible for demonstrating 

that the dispensing fees are reasonable. 

The State has not provided that 

demonstration. In addition, Federal 

regulations at 42 CFR 447.205 require 

that a State provide public notice of any 

significant proposed change in its 

methods and standards for setting 

payment rates for services. In support of 

this amendment, the State believes that 

issuing a memorandum to providers 

online meets the public requirements. 

We believe that this does not meet the 

Federal standard. We believe public 

notice promotes transparency and 

openness in this process and allows the 

public to be fully aware of the State’s 

actions. 

Based on the above, and after 

consultation with the Secretary of the 

Department of Health and Human 

Services as required under Federal 

regulations at 42 CFR 430.15(c)(2), 

Washington SPA 08–019 was 

disapproved. 

The following issues will be 

considered at the hearing: 

• Whether Washington provided 

adequate public notice for setting 

payment rates for services as required at 

42 CFR 447.205. 

• Whether Washington met the 

longstanding requirement (presently 

codified at 42 CFR 447.512 and 447.514, 

and previously codified in 42 CFR 

447.331 and 447.332) that the State is 

responsible for demonstrating that the 

proposed increased dispensing fees are 

reasonable. 

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 CMS subsequently notifies 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 the State of Washington 

announcing an administrative hearing to 

reconsider the disapproval of its SPA 

reads as follows: 

Ms. Susan Dreyfus, Secretary, Department of 

Social and Health Services, P.O. Box 

45010, Olympia, WA 98504–5010. 

Dear Ms. Dreyfus: I am responding to your 

request for reconsideration of the decision to 

disapprove the Washington State plan 

amendment (SPA) 08–019, which was 

received by the Centers for Medicare & 

Medicaid Services on September 23, 2008, 

and disapproved on March 6, 2009. The SPA 

proposed to increase dispensing fees for 

pharmacies from $4.20 to $4.24 for highvolume pharmacies, $4.51 to $4.56 for midvolume pharmacies, $5.20 to $5.25 for lowvolume pharmacies, and $5.20 to $5.25 for 

unit dose systems. 

The following issues will be considered at 

the hearing: 

• Whether Washington provided adequate 

public notice for setting payment rates for 

services as required at 42 CFR 447.205. 

• Whether Washington met the 

longstanding requirement (presently codified 

at 42 CFR 447.512 and 447.514, and 

previously codified in 42 CFR 447.331 and 

447.332) that the State is responsible for 

demonstrating that the proposed increased 

dispensing fees are reasonable. 

I am scheduling a hearing on your request 

for reconsideration to be held on August 4, 

2009, at the Centers for Medicare & Medicaid 

Services’, Seattle Regional Office, 2201 Sixth 

Avenue, MS/RX–43, Seattle, Washington 

98121, in order to reconsider the decision to 

disapprove SPA 08–019. If this date is not 

acceptable, we would be glad to set another 

date that is mutually agreeable to the parties. 

The hearing will be governed by the 

procedures prescribed by Federal regulations 

at 42 CFR Part 430. 

I am designating Mr. Benjamin Cohen as 

the presiding officer. If these arrangements 

present any problems, please contact the 

presiding officer at (410) 786–3169. In order 

to facilitate any communication which may 

be necessary among the parties to the 

hearing, please notify the presiding officer to 

indicate acceptability of the hearing date that 

has been scheduled and provide names of the 

individuals who will represent the State at 

the hearing. 

Sincerely, 

Charlene Frizzera, 

Acting Administrator. 

Section 1116 of the Social Security Act (42 

U.S.C. 1316; 42 CFR 430.18) 

(Catalog of Federal Domestic Assistance 

program No. 13.714, Medicaid Assistance 

Program) 

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