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) 

mstockstill on DSKH9S0YB1PROD with NOTICES

33450 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 

Dated: June 16, 2009. 

Charlene Frizzera, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E9–16677 Filed 7–10–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Substance Abuse and Mental Health 

Services Administration 

Advisory Committee for Women’s 

Services; Notice of Meeting 

Pursuant to Public Law 92–463, 

notice is hereby given of a Web-based 

meeting of the Substance Abuse and 

Mental Health Services Administration 

(SAMHSA) Advisory Committee for 

Women’s Services on July 29, 2009 from 

2 p.m. to 4:30 p.m. The meeting is open 

to the public and will include an update 

on current and emerging research on 

women-specific substance use and 

mental health issues. 

ACWS members and invited 

presenters will participate in this 

meeting through remote internet 

connection. On-site attendance by the 

public will be limited to space available. 

The meeting can also be accessed by the 

public via teleconference. To obtain 

teleconference call-in numbers and 

access codes, to make arrangements to 

attend on-site, or to request special 

accommodations for persons with 

disabilities, please communicate with 

Ms. Nevine Gahed, Designated Federal 

Official (see contact information below). 

Substantive meeting information and 

a roster of Committee members may be 

obtained either by accessing the 

SAMHSA Committees’ Web site at 

https://nac.samhsa.gov/ 

WomenServices/index.aspx, or by 

contacting Ms. Gahed. The transcript for 

the meeting will also be available on the 

SAMHSA Committees’ Web site within 

three weeks after the meeting. 

Committee Name: SAMHSA Advisory 

Committee for Women’s Services. 

Date/Time/Type: Wednesday, July 29, 

2009, from 2 p.m. to 4:30 p.m.: Open. 

Place: 1 Choke Cherry Road, Sugarloaf 

Conference Room, Rockville, Maryland 

20857. 

Contact: Nevine Gahed, Designated 

Federal Official, SAMHSA Advisory 

Committee for Women’s Services, 1 

Choke Cherry Road, Room 8–1112, 

Rockville, Maryland 20857, Telephone: 

(240) 276–2331; FAX: (240) 276–2220 

and E-mail: 

nevine.gahed@samhsa.hhs.gov. 

Dated: July 6, 2009. 

Toian Vaughn, 

Committee Management Officer, Substance 

Abuse and Mental Health Services 

Administration. 

[FR Doc. E9–16457 Filed 7–10–09; 8:45 am] 

BILLING CODE 4162–20–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Disease, Disability, and Injury 

Prevention and Control Special 

Emphasis Panel (SEP): Capacity 

Building Assistance (CBA) To Improve 

the Delivery and Effectiveness of 

Human Immunodeficiency Virus (HIV) 

Prevention Services for High-Risk and/ 

or Racial/Ethnicity Minority 

Populations, Program Announcement 

Number PS09–906, Initial Review 

In accordance with Section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the aforementioned meeting. 

Time and Date: 8:30 a.m.–5:30 p.m., July 

28, 2009 (Closed). 

Place: CDC, Corporate Square Campus, 8 

Corporate Boulevard, Atlanta, Georgia 30329. 

Status: The meeting will be closed to the 

public in accordance with provisions set 

forth in Section 552b(c) (4) and (6), Title 5 

U.S.C., and the Determination of the Director, 

Management Analysis and Services Office, 

CDC, pursuant to Public Law 92–463. 

Matters To Be Discussed: The meeting will 

include an initial review, discussion, and 

evaluation of applications received in 

response to ‘‘Capacity Building Assistance 

(CBA) to Improve the Delivery and 

Effectiveness of Human Immunodeficiency 

Virus (HIV) Prevention Services for HighRisk and/or Racial/Ethnicity Minority 

Populations, PS09–906.’’ The meeting was 

initially held June 15–18, 2009. A reviewer 

conflict of interest was confirmed after the 

meeting commenced and a reviewer for 

another application was unable to participate 

due to sudden illness; therefore, the panel 

will be reconvened to review the affected 

applications. 

Contact Person for More Information: 

Monica Farmer, M.Ed., Public Health 

Analyst, Strategic Science and Program Unit, 

Office of the Director, Coordinating Center 

for Infectious Diseases, CDC, 1600 Clifton 

Road, NE., Mailstop E–60, Atlanta, GA 

30333, Telephone: (404) 498–2277. 

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: July 7, 2009. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. E9–16460 Filed 7–10–09; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Disease, Disability, and Injury 

Prevention and Control Special 

Emphasis Panel (SEP): Strengthening 

National Capacity in Malaria and Other 

Infectious Disease Operations 

Research, Funding Opportunity 

Announcement (FOA) CK09–004, Initial 

Review 

In accordance with Section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the aforementioned meeting. 

Time and Date: 2:30 p.m.–4:30 p.m., 

July 28, 2009 (Closed). 

Place: Teleconference. 

Status: The meeting will be closed to 

the public in accordance with 

provisions set forth in Section 552b(c) 

(4) and (6), Title 5 U.S.C., and the 

Determination of the Director, 

Management Analysis and Services 

Office, CDC, pursuant to Public Law 92– 

463. 

Matters To Be Discussed: The meeting 

will include the initial review, 

discussion, and evaluation of 

‘‘Strengthening National Capacity in 

Malaria and Other Infectious Disease 

Operations Research, Funding 

Opportunity Announcement (FOA) 

CK09–004.’’ This meeting was initially 

held June 1, 2009. A reviewer was 

unable to participate unexpectedly and 

the meeting was held in the absence of 

the required quorum; therefore, the 

panel will be reconvened to review the 

application received in response to the 

announcement. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Carr, PhD, CDC, 1600 Clifton 

Road, NE., Mailstop D60, Atlanta, GA 

30333, Telephone: (404) 498–2276. 

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. 

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