[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6656]


[[Page Unknown]]

[Federal Register: March 22, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration

 

Notice of Hearing: Reconsideration of Disapproval of Washington 
State Plan Amendment (SPA)

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Notice of hearing.

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SUMMARY: This notice announces an administrative hearing on May 4, 
1994, in room 202, 2201 6th Avenue, Seattle, Washington, to reconsider 
our decision to disapprove Washington 93-19.

CLOSING DATE: Requests to participate in the hearing as a party must be 
received by the Docket Clerk by April 6, 1994.

FOR FURTHER INFORMATION CONTACT: Docket Clerk, HCFA Hearing Staff, 1849 
Gwynn Oak Avenue, Meadowwood East Building, Groundfloor, Baltimore, 
Maryland 21207, Telephone: (410) 597-3013.

SUPPLEMENTARY INFORMATION: This notice announces an administrative 
hearing to reconsider our decision to disapprove Washington State plan 
amendment (SPA) number 93-19.
    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 Health Care Financing Administration (HCFA) 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 Hearing 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 Hearing 
Officer before the hearing begins in accordance with the requirements 
contained at 42 CFR 430.76(c).
    Washington submitted SPA 93-19 on May 20, 1993, to provide prenatal 
care for pregnant illegal aliens under the State Medicaid plan. 
Washington believes that SPA 93-19 is approvable based on the decision 
of the United States Court of Appeals for the Second Circuit in the 
case of Lewis, et al. v. Grinker, et al., 965 F.2d 1206 (2d Cir. 1992) 
and can be supported as good public policy. The Lewis decision allows 
for the coverage of prenatal services for illegal aliens under 
Medicaid. HCFA believes that such coverage is prohibited.
    The notice to Washington announcing an administrative hearing to 
reconsider the disapproval of its SPA reads as follows:

Mr. James A. Peterson, Assistant Secretary, Medical Assistance 
Administration, Department of Social and Rehabilitative Services, 
623 8th Avenue SE., Mail Stop 45500, Olympia, Washington 98504-5500
    Dear Mr. Peterson: I am responding to your request for 
reconsideration of the decision to disapprove Washington State Plan 
Amendment (SPA) 93-19.
    Washington submitted SPA 93-19 on May 20, 1993, to provide 
prenatal care for pregnant illegal aliens under the State Medicaid 
plan.
    The issue in this matter is whether Washington SPA 93-19 is 
consistent with the statutory provisions of the Medicaid Act and 
whether the plan amendment is approvable based on the decision of 
the United States Court of Appeals for the Second Circuit in the 
case of Lewis, et al. v. Grinker, et al., 965 F.2d 1206 (2d Cir. 
1992).
    I am scheduling a hearing on your request for reconsideration to 
be held on May 4, 1994, in room 202, 2201 6th Avenue, Seattle, 
Washington. 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 Mr. Stanley Krostar as the presiding officer. 
If these arrangements present any problems, please contact the 
Docket Clerk. In order to facilitate any communication which may be 
necessary between the parties to the hearing, please notify the 
Docket Clerk of the names of the individuals who will represent the 
State at the hearing. The Docket Clerk can be reached at (410) 597-
3013.

        Sincerely,
Bruce C. Vladeck ,
Administrator.

(Section 1116 of the Social Security Act (42 U.S.C. section 1316); 
42 CFR section 430.18)

(Catalog of Federal Domestic Assistance Program No. 13.714, Medicaid 
Assistance Program)

    Dated: March 15, 1994.
Bruce C. Vladeck,
Administrator, Health Care Financing Administration.
[FR Doc. 94-6656 Filed 3-21-94; 8:45 am]
BILLING CODE 4120-01-P