[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Notices]
[Pages 56353-56354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27229]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration


Notice of Hearing: Reconsideration of Disapproval of New Mexico 
Children's Health Insurance Program 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 December 8, 
1999; at 10:00 a.m.; Eighth Floor; Conference Room 820; 1301 Young 
Street; Dallas, Texas 75202 to reconsider our decision to disapprove 
New Mexico SPA.

CLOSING DATE: Requests to participate in the hearing as a party must be 
received by the presiding officer by November 3, 1999.


[[Page 56354]]


FOR FURTHER INFORMATION CONTACT: Mr. Stanley Katz, Presiding Officer, 
HCFA, C1-09-13, 7500 Security Boulevard, Baltimore, Maryland 21244, 
Telephone: (410) 786-2661.

SUPPLEMENTARY INFORMATION: This notice announces an administrative 
hearing to reconsider our decision to disapprove New Mexico Children's 
Health Insurance Program (CHIP) Phase II State Plan Amendment (SPA) 
submitted on April 15, 1999.
    Section 1116 of the Social Security Act (the Act) and 42 CFR Part 
430 provide a State an opportunity for an administrative hearing for 
reconsideration of a disapproval of a State plan or plan amendment. 
Section 2107(e)(2)(B) of the Act makes these provisions applicable 
under Title XXI to CHIP State plans and plan amendments. Under these 
provisions, the Health Care Financing Administration (HCFA) is required 
to publish a copy of the notice to the State that informs the State of 
the time and place of the hearing and the issues to be considered. If 
we subsequently notify the State 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.
    New Mexico submitted its State Plan for a Medicaid expansion 
program on May 19, 1998 and received HCFA approval for it on January 
11, 1999. New Mexico submitted its SPA on April 15, 1999. The amendment 
provides for the State to furnish preventive and intervention services 
to all Medicaid eligible children under age 19. HCFA denied the 
amendment on July 8, 1999.
    HCFA disapproved New Mexico's CHIP plan amendment because the State 
requested enhanced FFP in expenditures for preventive and intervention 
services furnished to children who would have been Medicaid eligible 
under New Mexico's Medicaid State Plan in effect on March 31, 1997. 
Under section 1905(b) of the Social Security Act, a State may receive 
enhanced FFP in expenditures for services provided through a Medicaid 
expansion to ``optional targeted low income children.'' Section 
1905(u)(2)(B) excludes from the definition of ``optional targeted low 
income child'' any child who would have qualified for Medicaid under a 
state's Medicaid State plan in effect on March 31, 1997.
    The issue to be considered at the hearing is whether a State may 
receive enhanced Federal financial participation in expenditures under 
CHIP for preventive and intervention services furnished to Medicaid 
eligible children under the age of 19, including children who would 
have been Medicaid eligible under New Mexico's Medicaid State Plan in 
effect on March 31, 1997.
    The notice to New Mexico announcing an administrative hearing to 
reconsider the disapproval of its SPA reads as follows:

Mr. Charles Milligan,
Director, Medical Assistance Division, New Mexico Human Services 
Department, P.O. Box 2348, Santa Fe, New Mexico 87504-2348.

    Dear Mr. Milligan: I am responding to your request for 
reconsideration of the decision to disapprove the New Mexico 
Children's Health Insurance Program (CHIP) Phase II State Plan 
Amendment (SPA) submitted on April 15, 1999.
    HCFA disapproved New Mexico's CHIP plan amendment because the 
State requested enhanced FFP in expenditures for preventive and 
intervention services furnished to children who would have been 
Medicaid eligible under New Mexico's Medicaid State plan in effect 
on March 31, 1997. Under Sec. 1905(b) of the Social Security Act, a 
State may receive enhanced FFP in expenditures for services provided 
through a Medicaid expansion to ``optional targeted low income 
children.'' Section 1905(u)(2)(B) of the Act excludes from the 
definition of ``optional targeted low income child'' any child who 
would have qualified for Medicaid under a state's Medicaid State 
plan in effect on March 31, 1997.
    I am scheduling a hearing on your request for reconsideration to 
be held on December 8, 1999 at 10:00 a.m.; Eighth Floor; Conference 
Room 820; 1301 Young Street; Dallas, Texas 75202. 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.
    The issue to be considered at the hearing is whether a State may 
receive enhanced Federal financial participation in expenditures 
under CHIP for preventive and intervention services furnished to 
Medicaid eligible children under the age of 19, including children 
who would have been Medicaid eligible under New Mexico's Medicaid 
State Plan in effect on March 31, 1997.
    I am designating Mr. Stanley Katz 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) 786-2661.

        Sincerely,
Michael M. Hash,
Deputy Administrator.

cc: Mr. Stanley Katz

(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: October 13, 1999.
Michael M. Hash,
Deputy Administrator, Health Care Financing Administration.
[FR Doc. 99-27229 Filed 10-14-99; 3:33 pm]
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