Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Notices 65507

regulations at 42 CFR 447.296(b), the

Secretary has interpreted this exception

to apply only when the amendment is

intended to limit the state’s overall

definition of DSH to those specified

hospitals.

While the additional DSH payment

meets the timing criteria for this

exception (it was submitted on

November 18, 1991, as part of SPA 91–

50), it was not intended to limit the

State’s overall definition of DSHs to

those with a Medicaid or low-income

utilization percentage at or below the

statewide arithmetic mean. This

provision did not concern the

designation of DSHs at all, but only

concerned the payment rate for some

already designated hospitals. It

provided for a 10-percent additional

payment to certain hospitals otherwise

designated and receiving DSH

payments. Therefore, CMS found this

exception not to apply, and disapproved

Missouri SPA 92–33.

The notice to Missouri announcing an

administrative hearing to reconsider the

disapproval of its SPA reads as follows:

Ms. Dana Katherine Martin, Director,

Department of Social Services, Broadway

State Office Building, P.O. Box 1527,

Jefferson City, Missouri 65102

Dear Ms. Martin:

I am responding to your request for

reconsideration of the decision to disapprove

Missouri State Plan Amendment (SPA) 92–

33.

The issue is whether the provisions of

section 1923(f)(1)(A) of the Social Security

Act (the Act) and regulations at 42 CFR

447.296(b)(6) would permit the State to

increase disproportionate share hospital

(DSH) payments under this State plan

amendment submitted after September 30,

1991. Missouri submitted SPA 92–33 on

November 18, 1991, as part of SPA 91–50.

This amendment would provide for an

additional payment to 10 DSH hospitals that

have the highest Medicaid utilization in the

State and had a high volume of nursery and

neonatal care days.

Under the Medicaid Voluntary

Contribution and Provider Specific Tax

Amendments of 1991 (Pub. L. 102–234),

which added section 1923 (f)(l)(A) of the Act

and the Federal regulation at 42 CFR

447.296(b)(6), the State cannot increase DSH

payments to hospitals based on amendments

submitted after September 30, 1991, for

payments made during the period January 1,

1992, through September 30, 1992, except in

very limited circumstances. The reason for

this moratorium on DSH payments was so

CMS could determine a state’s base DSH

allotments for an annual period beginning in

Federal fiscal year 1993.

The additional DSH payment included in

this amendment is not within the statutory

exception for payments under certain SPAs

submitted to the Secretary between

September 30, 1991, and November 26, 1991.

This exception applies only to an

amendment that designates only DSHs with

a Medicaid or low-income utilization

percentage at or above the statewide

arithmetic mean. In regulations at 42 CFR

447.296(b), the Secretary has interpreted this

exception to apply only when the

amendment is intended to limit the state’s

overall definition of DSH to those specified

hospitals.

While the proposed amendment meets the

timing criteria for this exception (it was

submitted on November 18, 1991, as part of

SPA 91–50), it does not meet the substantive

criteria for this exception. The proposed

amendment does not limit the State’s overall

definition of DSHs to those with a Medicaid

or low-income utilization percentage at or

below the statewide arithmetic mean. This

provision did not concern the designation of

DSHs at all, but only concerned the payment

rate for some already designated hospitals. It

provided for a 10-percent additional payment

to certain hospitals otherwise designated and

receiving DSH payments. Therefore, CMS

found this exception not to apply, and

disapproved Missouri SPA 92–33.

I am scheduling a hearing on your request

for reconsideration to be held on January 23,

2002, at 10:00 a.m.; Richard Bolling Federal

Building; Plaza Room 664; 601 East Twelfth

Street; Kansas City, Missouri 64106–2808.

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 at 42

CFR, Part 430.

I am designating Ms. Kathleen ScullyHayes as the presiding officer. If these

arrangements present any problems, please

contact the presiding officer. In order to

facilitate any communication which may be

necessary between 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. The presiding officer may be

reached at (410) 786–2055.

Sincerely,

Thomas A. Scully.

(Sec. 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)

Dated: December 10, 2001.

Thomas A. Scully,

Administrator, Centers for Medicare &

Medicaid Services.

[FR Doc. 01–31260 Filed 12–18–01; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Medicare & Medicaid

Services

Notice of Hearing: Reconsideration of

Disapproval of Missouri State Plan

Amendment 91–50

AGENCY: Centers for Medicare &

Medicaid Services (CMS), (HHS).

ACTION: Notice of hearing.

SUMMARY: This notice announces an

administrative hearing to reconsider the

decision to disapprove Missouri State

Plan Amendment 91–50, on January 23,

2002, at 10:00 a.m., at the Richard

Bolling Federal Building; Plaza Room

664; 601 East Twelfth Street; Kansas

City, Missouri 64106–2808.

CLOSING DATES: Requests to participate

in the hearing as a party must be

received by the presiding officer by

January 3, 2002.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scully-Hayes, Office of

Hearings, CMS, Suite L, 2520 Lord

Baltimore Drive, Baltimore, Maryland

21244–2670, Telephone: (410)–786–

2055.

SUPPLEMENTARY INFORMATION: This

notice announces an administrative

hearing to reconsider the decision to

disapprove Missouri State Plan

Amendment (SPA) 91–50.

Section 1116 of the Social Security

Act (the Act) and 42 CFR part 430

establish Department procedures that

provide an administrative hearing for

reconsideration of a disapproval of a

State plan or plan amendment. The

Centers for Medicare & Medicaid (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 we subsequently notify

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 issue is whether this amendment

proposed a retroactive effective date that

is not consistent with law for an

additional disproportionate share

hospital (DSH) payment to the 10

highest Medicaid utilization hospitals in

the State that had a high volume of

nursery and neonatal care days. This

SPA was submitted on November 18,

1991, with a proposed effective date of

October 21, 1991.

Under the Medicaid Voluntary

Contribution and Provider Specific Tax

65508 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Notices

Amendments of 1991 (Pub. L. 102–234),

which added section 1923(f)(1)(A) of the

Act and the Federal regulation at 42

CFR 447.296(b)(6), the State cannot

increase DSH payments to hospitals

based on amendments submitted after

September 30, 1991, for payments made

during the period January 1, 1992,

through September 30, 1992, except in

very limited circumstances. The reason

for this moratorium on DSH payments

was so CMS could determine a state’s

base DSH allotments for an annual

period beginning in Federal fiscal year

1993.

This proposed amendment is not

within the statutory exception for

payments under certain SPAs submitted

to the Secretary between September 30,

1991, and November 26, 1991. This

exception applies only to an

amendment that designates only DSHs

with a Medicaid or low-income

utilization percentage at or above the

statewide arithmetic mean. In

regulations at 42 CFR 447.296(b), the

Secretary has interpreted this exception

to apply only when the amendment is

intended to limit the state’s overall

definition of DSH to those specified

hospitals.

While this proposed amendment

meets the timing criteria for this

exception, as it was submitted on

November 18, 1991, it does not meet the

substantive criteria for this exception.

The proposed amendment does not

limit the State’s overall definition of

DSH to those with a Medicaid or lowincome utilization percentage at or

below the statewide arithmetic mean.

This proposed amendment did not

concern the designation of DSHs, but

only concerned the payment rate for

some already designated hospitals. This

proposed amendment provided for a 10-

percent additional payment to certain

hospitals otherwise designated and

receiving DSH payments. Therefore,

CMS found that this exception did not

apply and disapproved Missouri SPA

91–50.

The notice to Missouri announcing an

administrative hearing to reconsider the

disapproval of its SPA reads as follows:

Ms. Dana Katherine Martin,

Director, Department of Social Services,

Broadway State Office Building,

P.O. Box 1527,

Jefferson City, Missouri 65102.

Dear Ms. Martin:

I am responding to your request for

reconsideration of the decision to disapprove

Missouri State Plan Amendment (SPA) 91–

50, which was submitted on November 18,

1991.

The issue is whether this amendment

proposed a retroactive effective date that is

not consistent with law for an additional

disproportionate share hospital (DSH)

payment to the 10 highest Medicaid

utilization hospitals in the State that had a

high volume of nursery and neonatal care

days. The proposed effective date of the SPA

is October 21, 1991.

Under the Medicaid Voluntary

Contribution and Provider Specific Tax

Amendments of 1991 (Public Law 102–234),

which added section 1923(f)(1)(A) of the

Social Security Act (the Act) and the Federal

regulation at 42 CFR 447.296(b)(6), the State

cannot increase DSH payments to hospitals

based on amendments submitted after

September 30, 1991, for payments made

during the period January 1, 1992, through

September 30, 1992, except in very limited

circumstances. The reason for this

moratorium on DSH payments was so the

Centers for Medicare & Medicaid Services

(CMS), could determine a state’s base DSH

allotments for an annual period beginning in

Federal fiscal year 1993.

This proposed amendment is not within

the statutory exception for payments under

certain SPAs submitted to the Secretary

between September 30, 1991, and November

26, 1991. This exception applies only to an

amendment that designates only DSHs with

a Medicaid or low-income utilization

percentage at or above the statewide

arithmetic mean. In regulations at 42 CFR

447.296(b), the Secretary has interpreted this

exception to apply only when the

amendment is intended to limit the state’s

overall definition of DSH to those specified

hospitals.

While this proposed amendment meets the

timing criteria for this exception, as it was

submitted on November 18, 1991, it does not

meet the substantive criteria for this

exception. The proposed amendment does

not limit the State’s overall definition of DSH

to those with a Medicaid or low-income

utilization percentage at or below the

statewide arithmetic mean. This proposed

amendment did not concern the designation

of DSHs, but only concerned the payment

rate for some already designated hospitals.

This proposed amendment provided for a 10-

percent additional payment to certain

hospitals otherwise designated and receiving

DSH payments. Therefore, CMS found that

this exception did not apply and disapproved

Missouri SPA 91–50.

I am scheduling a hearing on your request

for reconsideration to be held on January 23,

2002, at 10:00 a.m.; Richard Bolling Federal

Building; Plaza Room 664; 601 East Twelfth

Street; Kansas City, Missouri 64106–2808. 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 at 42 CFR, Part

430.

I am designating Ms. Kathleen ScullyHayes as the presiding officer. If these

arrangements present any problems, please

contact the presiding officer. In order to

facilitate any communication which may be

necessary between 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. The presiding officer may be

reached at (410) 786–2055.

Sincerely,

Thomas A. Scully.

(Sec. 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)

Dated: December 10, 2001.

Thomas A. Scully,

Administrator, Centers for Medicare &

Medicaid Services.

[FR Doc. 01–31261 Filed 12–18–01; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Endangered Species Permit Issuance

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of emergency exemption

issuance.

SUMMARY: The following applicant has

been issued a scientific research permit

to conduct certain activities with an

endangered species pursuant to section

10(a)(1)(A) of the Endangered Species

Act of 1973, as amended (16 U.S.C. 1531

et seq.).

FOR FURTHER INFORMATION CONTACT:

Linda Belluomini, Permits Biologist at

503–231–2063.

SUPPLEMENTARY INFORMATION: The

Washington Department of Fish and

Wildlife has been authorized via permit

number TE–050644, by the U.S. Fish

and Wildlife Service’s Pacific Region to

capture individuals from the Columbia

Basin distinct population segment (DPS)

of the pygmy rabbit (Brachylagus

idahoensis) for a captive propagation

program. We issued this permit for the

purpose of enhancing the propagation

and survival of the Columbia Basin

pygmy rabbit. The 30-day public

comment period required by the

Endangered Species Act (Act) was

waived in accordance with section 10(c)

of the Act upon a determination that an

emergency affecting the health and life

of specimens of Columbia Basin pygmy

rabbits exists, and that no reasonable

alternative is available to the applicant.

The Columbia Basin pygmy rabbit

DPS has undergone dramatic annual

declines since 1998, and the entire wild

portion of this population now consists

of fewer than 50 individuals from just

1 known colony on State land in

Douglas County, Washington. As part of

a captive breeding program, initiated by

the Washington Department of Fish and

Wildlife (WDFW) during the spring of

2001, an additional 14 individuals from

this population are being held in