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Federal Register / Vol. 72, No.

144 / Friday, July 27, 2007 / Notices 41329

patient assessment instrument designed In order to fulfill the second of these In compliance with the requirement
to measure differences in patient requirements, CMS plans to develop a of section 3506(c)(2)(A) of the
severity, resource utilization, and Medicaid State Program Integrity Paperwork Reduction Act of 1995, the
outcomes for patients in acute and post- Assessment (SPIA) system. CMS is Centers for Medicare & Medicaid
acute care settings. This tool will be seeking approval from the Office of Services (CMS) is publishing the
used to (1) Standardize program Management and Budget (OMB) to following summary of proposed
information on Medicare beneficiaries’ collect information from the States on collections for public comment.
acuity at discharge from acute hospitals, an annual basis for input into a national Interested persons are invited to send
(2) document medical severity, SPIA system. Through the SPIA system, comments regarding this burden
functional status and other factors CMS will identify current Medicaid estimate or any other aspect of this
related to outcomes and resource program integrity (PI) information, collection of information, including any
utilization at admission, discharge, and develop profiles for each State based on of the following subjects: (1) The
interim times during post acute these data, determine areas to provide necessity and utility of the proposed
treatment, and (3) understand the States with technical support and information collection for the proper
relationship between severity of illness, assistance, and use the data to develop performance of the agency’s functions;
functional status, social support factors, performance measures to assess States’ (2) the accuracy of the estimated
and resource utilization. The CARE performance in an ongoing manner; burden; (3) ways to enhance the quality,
instrument will be used in the Post- Form Number: CMS–10244 (OMB#: utility, and clarity of the information to
Acute Care (PAC) Payment Reform 0938–NEW); Frequency: Reporting: be collected; and (4) the use of
Demonstration program mandated by Yearly; Affected Public: State, Local or automated collection techniques or
Section 5008 of the Deficit Reduction Tribal Governments; Number of other forms of information technology to
Act of 2005 to develop payment groups Respondents: 56; Total Annual minimize the information collection
that reflect patient severity and related Responses: 56; Total Annual Hours: burden.
cost and resource use across post acute 1,400. 1. Type of Information Collection
settings. Specifically, the data collected To obtain copies of the supporting Request: Extension of a currently
using the CARE instrument during the statement and any related forms for the approved collection; Title of
Post-Acute Care Payment Demonstration proposed paperwork collections Information Collection: Conflict of
will be used by CMS to develop a referenced above, access CMS’ Web site Interest and Ownership and Control
setting neutral post-acute care payment address at http://www.cms.hhs.gov/ Information Use: The Conflict of Interest
model as mandated by Congress. The PaperworkReductionActof1995, or and Ownership and Control Information
data will be used to characterize patient e-mail your request, including your Statement (COI Statement) is sent to all
severity of illness and level of function address, phone number, OMB number, Medicare Fiscal Intermediaries (FIs) and
in order to predict resource use, post- and CMS document identifier, to Carriers to collect full and complete
acute care discharge placement, and Paperwork@cms.hhs.gov, or call the information on any entity’s or
beneficiary outcomes. CMS will use the Reports Clearance Office on (410) 786– individual’s ownership interest (defined
data from the CARE instrument to 1326. as a 5 per centum or more) in an
examine the degree to which the items To be assured consideration, organization that may present a
on the instrument can be used to predict comments and recommendations for the potential conflict of interest in their role
beneficiary resource use and outcomes. proposed information collections must as a Medicare FI or Carrier.
Form Number: CMS–10243 (OMB#: be received at the address below, no The information gathered in the
0938–NEW); Frequency: Reporting— later than 5 p.m. on September 25, 2007. survey is used to ensure that all
Daily; Affected Public: Private Sector— CMS, Office of Strategic Operations potential, apparent and actual conflicts
Business or other for-profit and Not-for- and Regulatory Affairs, Division of of interest involving Medicare
profit institutions; Number of Regulations Development—C, Attention: contractors are appropriately mitigated
Respondents: 388; Total Annual Bonnie L. Harkless, Room C4–26–05, and that employees of the contractors,
Responses: 244,292; Total Annual 7500 Security Boulevard, Baltimore, including officers, directors, trustees
Hours: 179,341. Maryland 21244–1850. and members of their immediate
5. Type of Information Collection Dated: July 18, 2007. families, do not utilize their positions
Request: New Collection; Title of Michelle Shortt,
with the contractor for their own private
Information Collection: Medicaid State business interest to the detriment of the
Director, Regulations Development Group,
Program Integrity Assessment (SPIA); Office of Strategic Operations and Regulatory
Medicare program. Information is also
Use: Under the provisions of the Deficit Affairs. requested on potential organizational
Reduction Act (DRA) of 2005, Congress conflicts of interest involving Medicare
[FR Doc. 07–3647 Filed 7–26–07; 8:45 am]
directed CMS to establish the Medicaid contractors’ ownership of other entities
BILLING CODE 4120–01–P
Integrity Program (MIP), CMS’ first in the health care industry. If a response
national strategy to combat Medicaid has indicated that a potential conflict of
fraud, waste, and abuse. CMS has two DEPARTMENT OF HEALTH AND interest exists, the contractor is
broad responsibilities under the MIP: HUMAN SERVICES contacted and asked to address how the
(1) Reviewing the actions of conflict can be avoided or mitigated.
individuals or entities providing Centers for Medicare & Medicaid Form Number: CMS–R–312 (OMB#:
services or furnishing items under Services 0938–0795); Frequency: Reporting—
Medicaid; conducting audits of claims Annually; Affected Public: Private
submitted for payment; identifying [Document Identifier: CMS–R–312] Sector—Business or other for-profit and
overpayments; and educating providers Agency Information Collection Not-for-profit institutions; Number of
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and others on payment integrity and Activities: Proposed Collection; Respondents: 37; Total Annual
quality of care; and Comment Request Responses: 37; Total Annual Hours:
(2) Providing effective support and 11,100.
assistance to States to combat Medicaid AGENCY: Centers for Medicare & To obtain copies of the supporting
fraud, waste, and abuse. Medicaid Services, HHS. statement and any related forms for the

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41330 Federal Register / Vol. 72, No. 144 / Friday, July 27, 2007 / Notices

proposed paperwork collections 2004. This SPA was disapproved on hearing, and the issues to be considered.
referenced above, access CMS’ Web site April 20, 2007. If we subsequently notify the agency of
address at http://www.cms.hhs.gov/ Under this SPA, the State requested additional issues that will be considered
PaperworkReductionActof1995, or the addition of new school-based health at the hearing, we will also publish that
e-mail your request, including your services to the State Children’s Health notice pursuant to 42 CFR 430.74(a).
address, phone number, OMB number, Insurance Program (SCHIP) Family Any individual or group that wants to
and CMS document identifier, to Access to Medical Insurance Security participate in the hearing as a party
Paperwork@cms.hhs.gov, or call the (FAMIS) benefit package. must petition the presiding officer
Reports Clearance Office on (410) 786– The amendment was disapproved within 15 days after publication of this
1326. because CMS found that the amendment notice, in accordance with the
To be assured consideration, violated the statute for reasons set forth requirements contained at 42 CFR
comments and recommendations for the in the disapproval letter. 430.76(b)(2). Any interested person or
proposed information collections must The following issues are to be decided organization that wants to participate as
be received at the address below, no at the hearing: amicus curiae must petition the
later than 5 p.m. on September 25, 2007. (1) Whether Virginia provided all presiding officer before the hearing
CMS, Office of Strategic Operations information necessary to establish that begins in accordance with the
and Regulatory Affairs, Division of the proposed SPA, in the context of its requirements contained at 42 CFR
Regulations Development—B, Attention: State child health plan, conformed to all 430.76(c). A hearing may be
William N. Parham, III, Room C4–26– requirements of the SCHIP statute and rescheduled by written agreement
05, 7500 Security Boulevard, Baltimore, implementing regulations, including: between CMS and a State pursuant to 42
(a) Information on the exact nature of CFR 430.72(a).
Maryland 21244–1850.
the services to be covered; whether The notice to Virginia announcing an
Dated: July 20, 2007. those services are within the definition administrative hearing to reconsider the
Michelle Shortt, of child health assistance at section disapproval of its SPA reads as follows:
Director, Regulations Development Group, 2110(a) of the Social Security Act (Act);
Office of Strategic Operations and Regulatory Mr. Brian McCormick,
(b) Information on proposed provider Department of Medical Assistance Services,
Affairs. qualifications necessary to ensure the Commonwealth of Virginia, 600 East Broad
[FR Doc. E7–14481 Filed 7–26–07; 8:45 am] quality and appropriateness of care Street, Suite 1300, Richmond, VA 23219.
BILLING CODE 4120–01–P pursuant to section 2102(a)(7) of the Act Dear Mr. McCormick: I am responding to
and ensure that services are provided in your request for reconsideration of the
an effective manner pursuant to section decision to disapprove Virginia’s title XXI
DEPARTMENT OF HEALTH AND 2101(a) of the Act, and; State plan amendment (SPA) No. 6, which
HUMAN SERVICES (HHS) (c) Information on the budgetary was submitted on June 29, 2004, and was
impact necessary to ensure that services disapproved on April 20, 2007.
Centers for Medicare & Medicaid Under this SPA, the State requested the
are provided in an effective and efficient addition of new school-based health services
Services manner. to the State Children’s Health Insurance
(2) In the absence of such information, Program (SCHIP) Family Access to Medical
Notice of Hearing: Reconsideration of whether a disapproval was warranted Insurance Security (FAMIS) benefit package.
Disapproval of Virginia Title XXI State when 950 days had passed after CMS The amendment was disapproved because
Plan Amendment (SPA) No. 6 had requested that information. the Centers for Medicare & Medicaid Services
AGENCY: Centers for Medicare & The Commonwealth of Virginia’s title (CMS) was not certain if the amendment was
XXI SPA No. 6 was submitted to the in compliance with section 2106(c) of the
Medicaid Services (CMS), HHS. Social Security Act (the Act) because the
CMS on June 29, 2004, with a requested
ACTION: Notice of Hearing. State did not respond to a request for
retroactive effective date of August 3,
additional information dated August 18,
SUMMARY: This notice announces an 2003. This amendment requested the 2004. In the absence of a response, the SPA
administrative hearing to be held on addition of new school-based health was disapproved because there was
September 4, 2007, at 150 S. services to the State’s SCHIP FAMIS insufficient information to make the
Independence Mall West, Suite 216, benefit package. necessary determination.
Conference Room #241, Pennsylvania A request for additional information The following issues are to be decided at
Room, The Public Ledger Building, (RAI) was submitted to the State on the hearing:
August 18, 2004, which stopped the 90- (1) Whether Virginia provided all
Philadelphia, PA 19106–3499, to information necessary to establish that the
reconsider CMS’ decision to disapprove day review period. The RAI included
questions concerning the nature of the proposed SPA, in the context of its State
Virginia’s title XXI SPA No. 6. child health plan, conformed to all
Closing Date: Requests to participate proposed services, the qualifications of
requirements of the SCHIP statute and
in the hearing as a party must be the providers, and the budgetary impact implementing regulations, including:
received by the presiding officer by (15 of the amendment. (a) Information on the exact nature of the
To date, the State has not responded services to be covered; whether those
days after publication).
to the request for additional services are within the definition of child
FOR FURTHER INFORMATION CONTACT: information. health assistance at section 2110(a) of the
Kathleen Scully-Hayes, Presiding Section 1116 of the Act and Federal Act;
Officer, CMS, Lord Baltimore Drive, regulations at 42 CFR part 430, Subpart (b) Information on proposed provider
Mail Stop LB–23–20, Baltimore, D, and section 457.203 establish qualifications necessary to ensure the quality
Maryland 21244, Telephone: (410) 786– Department procedures that provide an and appropriateness of care pursuant to
2055. administrative hearing for section 2102(a)(7) of the Act and ensure that
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services are provided in an effective manner


SUPPLEMENTARY INFORMATION: This reconsideration of a disapproval of a pursuant to section 2101(a) of the Act, and;
notice announces an administrative State plan or plan amendment. CMS is (c) Information on the budgetary impact
hearing to reconsider CMS’ decision to required to publish a copy of the notice necessary to ensure that services are
disapprove Virginia’s title XXI SPA No. to a State Medicaid agency that informs provided in an effective and efficient
6, which was submitted on June 29, the agency of the time and place of the manner.

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