[Federal Register Volume 65, Number 44 (Monday, March 6, 2000)]
[Notices]
[Pages 11786-11787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5270]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration


Notice of Hearing: Reconsideration of Disapproval of Utah State 
Children's Health Insurance Program (SCHIP) 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 March 17, 
2000; 10 a.m.; Seventh Floor (Suite 700); Keystone Room; 1600 Broadway; 
Denver, Colorado 80202 to reconsider our decision to disapprove Utah 
SCHIP SPA.

CLOSING DATE: Requests to participate in the hearing as a party must be 
received by the presiding officer by March 21, 2000.

FOR FURTHER INFORMATION CONTACT: Kathleen Scully-Hayes, Presiding 
Officer, HCFA, C1-09-13, 7500 Security Boulevard, Baltimore, Maryland 
21244, Telephone: (410)-786-2055.

SUPPLEMENTARY INFORMATION: This notice announces an administrative 
hearing to reconsider our decision to disapprove Utah State Children's 
Health Insurance Program (SCHIP) State Plan amendment (SPA).
    Section 1116 of the Social Security Act (the Act) and 42 CFR part 
430 that provide a State with 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 SCHIP State Plans and State Plan 
amendments. Under these provisions, the Health Care Financing 
Administration (HCFA) is required to publish a copy of the notice to a 
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.
    The notice to Utah announcing an administrative hearing to 
reconsider the disapproval of its SPA reads as follows:

Mr. Rod L. Betit, Executive Director, Utah Department of Health, 288 
North 1460 West, Salt Lake City, Utah 84114
    Dear Mr. Betit:
    I am responding to your request for reconsideration of the 
decision to disapprove the Utah State Children's Health Insurance 
Program State Plan Amendment submitted on January 28, 1999.
    HCFA disapproved Utah's SCHIP State Plan Amendment because it 
requested approval, retroactive to August 3, 1998, for the State to 
impose cost-sharing amounts higher than permitted under Medicaid on 
SCHIP beneficiaries with family incomes at or below 100 percent of 
the Federal poverty level (FPL). Section 2103 (e)(3)(A)(ii) of the 
Social Security Act limits SCHIP cost-sharing amounts for children 
in families with incomes below 150 percent of FPL to the amounts 
permitted under Medicaid, ``with such appropriate adjustment for 
inflation or such other reasons as the Secretary determines to be 
reasonable.'' The Secretary has determined that it would not be 
reasonable to adjust the Medicaid maximum cost-sharing amounts for 
SCHIP beneficiaries at or below 100 percent of FPL.
    I am scheduling a hearing on your request for reconsideration to 
be held on March 17, 2000; 10 a.m.; Seventh Floor (Suite 700); 
Keystone Room; 1600 Broadway; Denver, Colorado 80202.
    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 the 
Secretary acted within her discretionary authority under Section 
2103(e)(3)(A)(ii) of the Social Security Act in determining that it 
would not be reasonable to adjust the Medicaid maximium cost-sharing 
amounts under 42 CFR 447.54 for SCHIP beneficiaries at or below 100 
percent of FPL.
    I am designating Ms. Kathleen Scully-Hayes 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

[[Page 11787]]

individuals who will represent the State at the hearing. The 
presiding officer may be reached at (410) 786-2055.
Sincerely,
Nancy-Ann Min DeParle,
Administrator.

    Authority: 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: February 25, 2000.
Nancy-Ann Min DeParle,
Administrator, Health Care Financing Administration.
[FR Doc. 00-5270 Filed 3-3-00; 8:45 am]
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