9406 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Notices

26 15 U.S.C. 78s(b).

27 15 U.S.C. 78s(b)(2).

28 17 CFR 200.30–3(a)(12).

section 19(b) of the Act.26 The

Commission does not believe that the

proposed rule change raises novel

regulatory issues that were not

addressed in the previous filings.

Further, the changes in Amendment No.

1 clarify: (1) The trading prices of Index

Fund Shares; (2) the minimum number

of creation units; (3) the minimum

trading variations; and (4) the

prospectus delivery requirements.

Accordingly, the Commission finds that

there is good cause, consistent with

section 6(b)(5) of the Act, to approve the

amended proposal on an accelerated

basis.

V. Conclusion

It is therefore ordered, pursuant to

section 19(b)(2) of the Act,27 that the

proposed rule change (SR–Phlx–00–91),

as amended, is hereby approved on an

accelerated basis.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.28

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–3156 Filed 2–6–01; 8:45 am]

BILLING CODE 8010–01–M

SOCIAL SECURITY ADMINISTRATION

Supplemental Security Income for the

Aged, Blind and Disabled (SSI)

Program Demonstration Project;

Treatment of Cash Received and

Conserved To Pay for Medical or

Social Services

AGENCY: Social Security Administration

(SSA).

ACTION: Notice.

SUMMARY: The Commissioner of Social

Security is extending the application of

an existing SSA demonstration project

which tests how certain altered

resources counting rules might apply in

the SSI program. The SSI program is

authorized by title XVI of the Social

Security Act (the Act). The rules to be

tested apply to the treatment of cash

received and conserved to pay for

medical or social services.

Cash received to pay for medical or

social services is not counted as income

to the beneficiary when received.

Conserved cash received for medical or

social services (which is not a

reimbursement for these services

already paid for by the beneficiary) is

not counted as a resource for the

calendar month after the month of

receipt, so long as it remains separately

identifiable from other resources.

Beginning with the second calendar

month following the month of receipt,

cash received for the payment of

medical or social services becomes a

countable resource used in the

determination of SSI eligibility.

On November 2, 1998, the

Commissioner of Social Security

published a Notice in the Federal

Register (63 FR 58802), which waives

the rules for counting as resources

conserved cash received for medical or

social services for Cash and Counseling

demonstration participants for five

years. All participants in Arkansas,

Florida and New Jersey who are

members of a test group receive

personal assistance services. Personal

assistance services are help with the

basic activities of daily living, including

bathing, dressing, transferring, toileting,

and eating, and/or instrumental

activities of daily living such as

housekeeping, meal preparation,

shopping, laundry, money management

and medication management.

Consumers of personal assistance

services who participate in the

demonstration are empowered by

purchasing the services they require

(including medical and social services)

to perform the activities of daily living.

In order to accomplish the objective of

the demonstration project, cash

allowances and information services are

provided directly to persons with

disabilities to enable them to choose

and purchase services from providers

that they feel would best meet their

needs. Participants are also free to

engage a fiscal intermediary to assist

with proper disbursement of these cash

allowances.

This Notice extends the temporary

resources counting rules for Cash and

Counseling participants to participants

in Oregon’s similar Independent

Choices demonstration project. All

participants in the Independent Choices

demonstration project are consumers of

personal assistance services.

Medicaid is the predominant source

of public financing for personal

assistance services programs for the

aged, blind and disabled. The Secretary

of the Department of Health and Human

Services (DHHS) will exercise her

authority under section 1115 of the Act

to waive certain Medicaid provisions to

permit the State of Oregon to exercise its

Independent Choices demonstration.

Medicaid beneficiaries who participate

in this demonstration will be given cash

to purchase the services they need from

traditional and nontraditional providers,

as they deem appropriate. Assistance

will be available to help these

beneficiaries effectively use funds

allotted for personal assistance services.

Many of the Medicaid beneficiaries

who will participate in the Independent

Choices demonstration are SSI

beneficiaries or belong to coverage

groups using eligibility methodologies

related to those of the SSI program

under title XIX of the Act. Under the

Cash and Counseling demonstration

project, the Commissioner of Social

Security is testing the appropriateness

of current SSI rules which require

counting cash received for the purchase

of medical or social services as

resources if retained for more than one

month after the month of receipt. This

extension of the waiver of these SSI

resources counting rules will help SSA

obtain a larger test group of beneficiaries

making provider hiring and payment

decisions without a fiscal intermediary.

Oregon will encourage participants to

make their own fiscal decisions about

providers. SSA will use these additional

data for the evaluation of its policies on

excluding cash received to purchase

medical or social services. This SSA test

will also assist the Secretary of DHHS in

testing the possibility of providing

greater autonomy to the consumers of

personal assistance services by

empowering them to purchase the

services they require (including medical

and social services) to perform their

activities of daily living. In order to do

so, the Commissioner has exercised his

authority under section 1110(b) of the

Act and waived SSI resources counting

of cash received and conserved for

future purchases of medical and social

services.

The extension of this waiver of SSI

resources counting rules will apply to

participants in Oregon’s Independent

Choices demonstration project for the

duration of their participation. Cash

provided to participants for purchase of

medical or social services must be

conserved in a form that is separately

identifiable from other resources that

may be countable or excludable under

title XVI of the Act. The cash received

for medical or social services and

conserved towards payment for those

services by SSI beneficiaries who

participate in this demonstration will

not be included in SSI countable

resources only for so long as the

individual continues to participate in

the Independent Choices demonstration

project.

Existing SSI resource-counting rules

are suspended only where application

of such rules would adversely affect

participation by SSI beneficiaries in the

Independent Choices demonstration

project.

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Notices 9407

This notice is published in

accordance with the requirement in 20

CFR 416.250(e).

EFFECTIVE DATES: This project will be

effective for the period authorized by

the Secretary of DHHS for Oregon’s

Independent Choices demonstration

project. The date anticipated by the

Secretary for the Independent Choices

demonstration to begin is on or after

January 1, 2001. According to the

demonstration’s plan, beneficiaries may

participate throughout the period of the

demonstration, up to five years. Thus, if

the demonstration begins on January 2,

2001, the anticipated ending date for all

participants will be no later than

December 31, 2005.

Any cash for medical or social

services received after an SSI

beneficiary’s participation in the

demonstration has ended which has

been conserved for more than one

month will be counted as resources.

Any cash for medical or social services

that is received during participation in

the demonstration and conserved

subsequent to participation in the

demonstration will be subject to regular

SSI resources rules.

FOR FURTHER INFORMATION CONTACT:

Craig Streett, Office of Program Benefits,

3–M–1 Operations Building, 6401

Security Boulevard, Baltimore, MD

21235–0001, (410) 965–9793, or through

the Internet at Craig.Streett@ssa.gov.

SUPPLEMENTARY INFORMATION: Section

1612(a) of the Act defines what is

income for purposes of the SSI program;

section 1612(b) of the Act specifies

exclusions from income. As explained

in the regulation located at 20 CFR

416.1102, income counted for the

purposes of the SSI program includes

anything an individual receives in cash

or in kind that can be used to meet basic

needs, such as food and shelter.

Regulations at 20 CFR 416.1103(a)(3)

and (b)(1) explain that assistance

provided in cash or in kind under a

Federal, State, or local government

program whose purpose is to provide

medical care or services or social

services, including vocational

rehabilitation, is not income. Cash

provided by any nongovernmental

medical care or medical services

program or under a health insurance

policy or by a nongovernmental social

services program (except cash to cover

food, clothing or shelter) is not income

if it is either repayment for programapproved services for which the

individual has already paid or a

payment restricted to the future

purchase of a program-approved service.

This is explained by regulations at 20

CFR 416.1103(a)(5) and (b)(3).

As explained in regulations at 20 CFR

416.1201(a), resources are cash or other

liquid assets or any real or personal

property that an individual (or spouse)

owns and could convert to cash to be

used for support and maintenance.

Regulations at 20 CFR 416.1207(d)

explain that items received in cash or in

kind during a month are evaluated first

under the income counting rules. If they

are retained until the first moment of

the following month, they then are

subject to the rules for counting

resources.

Section 1613 of the Act addresses the

exclusions from resources for purposes

of the SSI program. Regulations at 20

CFR 416.1201(a)(3) also explain the

temporary exclusion from resources for

most conserved cash received for

medical or social services that is

separately identifiable from other

resources. Cash received for medical or

social services that is retained after the

temporary exclusion period is a

countable resource whether or not it is

separately identifiable from other

resources.

SSI regulations recognize that cash

payments made specifically to enable

people to pay for medical or social

services are not income for SSI

purposes, because they are assumed not

to be available for support and

maintenance. Those regulations

recognize that the recipient is not

always able to use the cash for payment

for medical or social services in the

month of receipt. Therefore, SSI

regulations provide for not counting as

resources any cash received to pay for

medical and social services which is

retained one full calendar month

following the month of receipt, so long

as it is separately identifiable from other

resources. The rule permitting not

counting such cash as resources does

not encompass cash received as

reimbursement for medical or social

service bills the individual has already

paid. Counting conserved cash as

resources if retained after the month

following the month of receipt is

consistent with the purpose of the SSI

program, which is to meet the current

needs of beneficiaries such as the needs

for food and shelter.

The Independent Choices

demonstration project is designed to

provide greater autonomy to the

consumers of personal assistance

services by empowering them to

purchase the services they require

(including medical and social services)

to perform their activities of daily

living. In order to accomplish the

objectives of the demonstration project,

cash allowances and information

services will be provided directly to

persons with disabilities to enable them

to choose and purchase services from

providers that they feel would best meet

their needs.

Many of the consumers of personal

assistance services are SSI beneficiaries.

Under current SSI regulations, some SSI

beneficiaries would not be able to

participate in the Independent Choices

demonstration project without risk to

their continuing SSI eligibility due to

the possibility that participants may

receive cash to be conserved towards

the future purchase of services. Section

1110(b) of the Act grants the

Commissioner authority to waive

certain requirements, conditions, or

limitations of title XVI of the Act

necessary to conduct experimental, pilot

or demonstration projects. Unless the

Commissioner exercises this authority,

the remainder of cash received for

future purchases of services by SSI

beneficiaries who choose to participate

in the demonstration will become

countable resources two months

following the month of receipt.

The consent of an SSI beneficiary to

participate in this demonstration project

is required under section 1110(b) of the

Act. Oregon will obtain written consent

from every participant who is an SSI

beneficiary. That consent will stipulate

that his or her participation is

voluntary, and that he or she can revoke

participation at any time. SSA will

waive existing SSI rules for counting

conserved cash received for the

purchase of medical or social services as

resources only where the application of

existing rules would adversely affect the

individual’s SSI eligibility. Accordingly,

an individual’s participation in the

Independent Choices project will not

affect participants’ eligibility for SSI or

benefit amounts.

The objectives of SSA in conducting

this demonstration project are to:

• Test the appropriateness of current

SSI rules which require counting cash

received for the purchase of medical or

social services as resources if retained

for more than one month after the

month of receipt;

• Test alternative SSI rules for

counting conserved cash received for

the purchase of medical or social

services when beneficiaries make their

own provider hiring and payment

decisions without a fiscal intermediary;

• Facilitate the ability of the

Secretary, DHHS and the State of

Oregon to engage in the Independent

Choices demonstration project;

• Permit the Secretary, DHHS, and

the State of Oregon to determine if cost

savings can be realized from the

Independent Choices demonstration

project; and

9408 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Notices

• Empower participants in the

Independent Choices demonstration

project to demonstrate greater autonomy

by allowing them to purchase their own

personal assistance services.

The Secretary, DHHS and the State of

Oregon will obtain measurements

involving these objectives for the Social

Security Administration.

The Commissioner’s demonstration

project will involve no or minimal new

or additional program costs to the

Federal government under title XVI of

the Act or to the State of Oregon under

section 1616 of the Act. SSI

beneficiaries who choose to participate

in this demonstration will purchase

services which would ordinarily be

provided by Medicaid and other Federal

and State services programs at a

potentially greater cost. If the

Commissioner did not exercise his

authority under section 1110(b) of the

Act to waive certain resources rules for

participants in the Independent Choices

demonstration, SSI beneficiaries could

choose not to participate in Oregon’s

demonstration and continue to receive

services directly, rather than through

the beneficiary’s purchase. Continued

SSI eligibility for beneficiaries who

choose to participate in the

demonstration project is not a new or

additional cost related to the

Commissioner’s demonstration project.

SSI beneficiary participation in the

Independent Choices demonstration

should not affect SSI benefit amounts

even if the beneficiary employs an

ineligible spouse or ineligible parent as

a provider of services, unless the

beneficiary is an alien who employs the

sponsor to provide these services.

Generally, the income and resources of

an eligible spouse or eligible child is

deemed to include a portion of the

income and resources of the ineligible

spouse or parent under sections

1614(f)(1) and (2) of the Act. However,

the Commissioner has exercised his

discretion under those provisions. As a

result, SSA does not deem the income

of an ineligible spouse or ineligible

parent paid under a Federal, State or

local government program who provides

an eligible spouse or eligible child with

chore, attendant or homemaker services

(described in regulations at 20 CFR

416.1161(a)(16)). The Commissioner has

no similar discretionary authority for

deeming from a sponsor to an alien.

If an SSI beneficiary employs his or

her ineligible spouse or ineligible parent

as a service provider, and the ineligible

spouse or parent conserves all or part of

those funds, the retained portion of

those funds will become deemable

resources the month after the month of

receipt. (This is described in regulations

at 20 CFR 416.1202.) SSA routinely

explains the SSI resources limits and

the rules concerning the deeming of

resources to affected SSI beneficiaries.

Instructions to SSA field offices in

Oregon will reinforce the need to

explain how payment to the ineligible

spouse or ineligible parent could lead to

an increase in deemable resources.

The State of Oregon will experience

no or minimal new or additional costs

under section 1616 of the Act for SSI

beneficiaries who participate in the

Independent Choices demonstration

project. The demonstration project will

not add new beneficiaries to either the

SSI or State supplementary payments

rolls, or artificially extend the eligibility

of beneficiaries, or increase payment

amounts of SSI or State supplementary

payments to participants.

Statutory and Regulatory Provisions

Waived: The Commissioner waives

certain SSI resources counting rules for

the duration of an individual’s

participation in Oregon’s Independent

Choices demonstration project where

application of those rules would

otherwise affect the eligibility of an

individual for SSI. The specific

statutory and regulatory provisions

waived are those described in the

preceding section.

Authority: Section 1110(b) of the Social

Security Act.

(Catalog of Federal Domestic Assistance

Programs No. 96.006–Supplemental Security

Income)

Dated: January 18, 2001.

Kenneth S. Apfel,

Commissioner of Social Security.

[FR Doc. 01–3132 Filed 2–6–01; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Document Availability; Draft

Supplemental Environmental Impact

Statement, Cal Black Memorial Airport,

Halls Crossing, Utah

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice.

SUMMARY: The Federal Aviation

Administration has released, for public

review and comment, the Draft

Supplemental Environmental Impact

Statement (DSEIS) to address issues

arising from the 1993 10th Circuit U.S.

Court of Appeals Decision concerning

the closure of Halls Crossing Airport

and the development and operation of

Cal Black Memorial Airport, Halls

Crossing, Utah. The DSEIS identifies the

noise impacts associated with operation

of Cal Black Memorial Airport, the

probable impacts if Halls Crossing

Airport had not been closed, and

includes a survey of visitors to Glen

Canyon National Recreation Area and

their reaction to aircraft overflight noise.

DATE AND ADDRESS FOR COMMENTS:

Comments concerning the DSEIS may

be submitted by March 30, 2001, to Mr.

Dennis Ossenkop, ANM–611, Federal

Aviation Administration, Northwest

Mountain Region, Airports Division,

1601 Lind Avenue, SW., Renton, WA

98055–4056.

A public hearing may be requested by

contacting Mr. Dennis Ossenkop at the

address above. Persons desiring to

review the DSEIS may do so during

normal business hours at the following

locations:

Federal Aviation Administration,

Airports Division Office, Suite 315,

1601 Lind Avenue, SW., Renton,

Washington

Federal Aviation Administration,

Airports District Office, Suite 224,

26805 East 68th Ave, Denver,

Colorado

San Juan County Courthouse, County

Executive Office, 117 S. Main,

Monticello, Utah

If you desire additional information

related to this project, please contact

Mr. Dennis Ossenkop at the above

address.

Issued in Renton, Washington on January

29, 2001.

Lowell H. Johnson,

Manager, Airports Division, Northwest

Mountain Region.

[FR Doc. 01–3106 Filed 2–6–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aging Transport Systems Rulemaking

Advisory Committee; Meeting

Cancellations

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of meeting cancellation.

SUMMARY: The FAA is issuing this notice

to advise the public that the February 8

and 9, 2001, meeting of the Aging

Transport Systems Rulemaking

Advisory Committee (66 FR 8842,

February 2, 2001) has been cancelled.

The meeting will be rescheduled and

announced in a later Federal Register

notice.

FOR FURTHER INFORMATION CONTACT:

Gerri Robinson, Office of Rulemaking,