[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8204-8205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03276]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Community Living


Information Collection; New Funding Formula for the State 
Councils on Developmental Disabilities (SCDDs) and Protection and 
Advocacy Systems (P&As) Located in Each State and Territory

AGENCY: Administration on Intellectual and Developmental Disabilities 
(AIDD), Administration on Disabilities (AoD), Administration for 
Community Living (ACL), Department of Health and Human Services (HHS), 
HHS.

ACTION: Notice of guidance.

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SUMMARY: The Administration on Intellectual and Developmental 
Disabilities (AIDD) within the Administration on Disabilities (AoD), 
located within the Administration for Community Living (ACL) at the 
United States Department of Health and Human Services (HHS), is 
soliciting comments from the public on the New Funding Formula for the 
State Councils on Developmental Disabilities (SCDDs) and Protection and 
Advocacy Systems (P&As) located in each State and Territory.

[[Page 8205]]


DATES: To ensure consideration comments must be received no later than 
March 21, 2016.

ADDRESSES: The revised formula is described below and a table 
demonstrating the effects of the revised formula on allocations to 
States based on the FY 2016 appropriations can be found at the Web 
site: http://www.acl.gov/About_ACL/Allocations/DD-Act.aspx. Please 
email comments to [email protected]. Emailed comments are 
preferred, but comments may be submitted via mail to: Andrew Morris, 
Office of the Commissioner, Administration on Disabilities, U.S. 
Department of Health and Human Services, 330 C St. SW., Washington, DC 
20201. Please note comments sent through the mail must be received by 
the close of business on the date the comment period closes or they 
will not be considered. Also, please note that we are only accepting 
comments related to the new formula and will not respond to comments on 
other subjects submitted through this process.

FOR FURTHER INFORMATION CONTACT: Andrew Morris, Office of the 
Commissioner, Administration on Disabilities, 330 C St. SW., 
Washington, DC 20201. Telephone (202) 795-7408. Email 
[email protected]. Please note the telephone number is not toll 
free. This document will be made available in alternative formats upon 
request. Written correspondence can be sent to Administration for 
Community Living, U.S. Department of Health and Human Services, 330 C 
St. SW., Washington, DC 20201.

SUPPLEMENTARY INFORMATION:

Background

    The Developmental Disabilities Assistance and Bill of Rights Act of 
2000 (P.L. 106-402) (DD Act) provides, among other things, formula 
grants to States for the purpose of operating State Councils on 
Developmental Disabilities and Protection & Advocacy Systems for People 
with Developmental Disabilities. The DD Act provides authority and 
flexibility in Section 122 to AIDD to determine the formula for 
allocating annual grant awards using three statutory factors for 
determining each state's funding amount. These factors are:

1. Total population of the state/territory
2. Need for services for people with DD in the state/territory
3. Financial need of the state/territory

    The current formula is out of date. For example, the current 
formula uses the best data points available in the 1970s/1980s for 
determining need for services and financial need. These data are now 
outdated and severely undercount the population of individuals with 
developmental disabilities. The updated formula is believed to be more 
clear, concise, transparent, and consistent with Congress' intent to 
provide funds to states based on greatest need.
    In addition to the formula, the DD Act prescribes minimum 
allotments for states with small populations and territories (Puerto 
Rico is not considered a territory under the DD Act). About half of the 
states receive a minimum allotment. The DD Act also requires adjusting 
(increasing) the minimum allotment amounts if certain criteria are met. 
After minimum allotments are met, the remaining appropriations are 
allocated using the formula.
    Finally, the Act requires a hold-harmless for the State DD Councils 
that was passed as an amendment to the DD Act in 2003, P.L. 108-154. 
Through this hold-harmless clause, SCDD awards are based on the award 
amount from the previous year, FY 2000, FY 2001, or FY 2002, whichever 
is highest. If there are not enough funds available to fully fund all 
of the awards, the SCDDs then receive an equal percent reduction. It is 
important to note that a new formula may not immediately impact the 
SCDDs due to the hold harmless clause. The new formula would impact the 
SCDDs only when appropriations rise to such a level that all SCDDs 
would receive an increase in allotments above the previous fiscal 
year's award level.

Methodology

    AIDD convened a workgroup of researchers, retired SCDD and P&A 
directors, national associations, and AIDD staff in the spring of 2015 
and held four meetings over a two month period. The workgroup reviewed 
the three elements required for the formula and discussed each, 
identifying potential data sources for each element in cooperation with 
the HHS Assistant Secretary for Policy and Evaluation (ASPE). The 
workgroup discussed the strengths and challenges of the different data 
and based on these discussions provided recommendations to AIDD. In 
addition, the workgroup worked with the Grants Management Office at ACL 
to test the impact of different scenarios.

Revised Formula

    Beginning in FY 2017, AIDD's State DD Councils and P&A grants will 
use a new formula to distribute funds after meeting statutory minimums 
and hold-harmless requirements:
    1. State/Territory Population (30%): Based on July Census figures 
released in August of each year.
    2. Need for services (30%): Based on a 1.58 percent prevalence rate 
for developmental disabilities in each State and Territory from the HHS 
National Health Interview Survey on Disability (NHIS-D).
    In determining the need for services, the workgroup discussed using 
data sources such as Medicaid and the Individuals with Disabilities 
Education Act; concluding that these data are unreliable because each 
State determines program eligibility and reporting requirements 
differently. The prevalence rate for developmental disabilities of 1.58 
percent was established by the Federal government in the early 1990s 
through the NHIS-D and is still the most current prevalence rate 
available that meets the definition of Developmental Disabilities per 
the DD Act.
    3. Financial need (40%): Use a combination of poverty (20%) and 
unemployment rates (20%) from July of each calendar year.
    The workgroup thought it was best to use a combination of a State/
Territory's poverty and unemployment rates because it best reflects the 
economic status of a State/Territory and, thus, their financial need.

Request for Comments

    This notice invites public comment on the new formula for the SCDD 
and P&A annual awards. We seek diverse perspectives including, but not 
limited to, that of grantees, technical assistance providers, and 
advocates, as well as federal agencies and for-profit and not-for-
profit stakeholders. The comments will be important factors in 
finalizing the formula.
    Privacy Act Notification Statement: Responses to this guidance 
notice are voluntary. Respondents are advised that the Government is 
under no obligation to acknowledge receipt of the information received 
or provide feedback to respondents with respect to any information 
submitted. No proprietary, classified, confidential, or sensitive 
information should be included in your response.

    Dated: February 11, 2016.
Aaron Bishop,
Commissioner, Administration on Disabilities.
[FR Doc. 2016-03276 Filed 2-17-16; 8:45 am]
 BILLING CODE 4154-01-P