[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Notices]
[Page 34851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15681]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Notice of Hearing: Reconsideration of Disapproval Minnesota 
Medicaid State Plan Amendment (SPA) 12-0014-B

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Notice of hearing: Reconsideration of disapproval.

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SUMMARY: This notice announces an administrative hearing to be held on 
August 21, 2018, at the Department of Health and Human Services, 
Centers for Medicare & Medicaid Services, Division of Medicaid & 
Children's Health Insurance Program Services, Chicago Regional Office, 
233 N. Michigan Avenue, Suite 600, Chicago, Illinois 60601-5519, to 
reconsider CMS's decision to disapprove Minnesota's Medicaid SPA 12-
0014-B.

DATES: Requests to participate in the hearing as a party must be 
received by the presiding officer by August 7, 2018.

FOR FURTHER INFORMATION CONTACT:  Benjamin R. Cohen, Presiding Officer, 
CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244, 
Telephone: (410) 786-3169.

SUPPLEMENTARY INFORMATION: This notice announces an administrative 
hearing to reconsider CMS's decision to disapprove Minnesota's Medicaid 
state plan amendment (SPA) 12-0014-B, which was submitted to the 
Centers for Medicare & Medicaid Services (CMS) on April 1, 2012 and 
disapproved on April 27, 2018. This SPA requested CMS approval to limit 
application of a resource disregard, in determining eligibility for 
several optional eligibility groups covered under its state plan, to 
individuals who were previously enrolled in the eligibility group 
described in section 1902(a)(10)(A)(ii)(XIII) (sometimes referred to as 
the ``working disability'' group) for at least 24 consecutive months 
and who have an ineligible spouse.
    The issues to be considered at the hearing are whether Minnesota 
SPA 12-0014-B is inconsistent with the requirements of:
     Section 1902(a)(17) of the Act and 42 CFR 435.601(d)(4), 
which require that states apply comparable eligibility standards and 
methodologies within eligibility groups.
    Section 1116 of the Act and federal regulations at 42 CFR part 430 
establish Department procedures that provide an administrative hearing 
for reconsideration of a disapproval of a state plan or plan amendment. 
CMS is required to publish in the Federal Register 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 state Medicaid agency of additional issues that 
will be considered at the hearing, we will also publish that notice in 
the Federal Register.
    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 Minnesota announcing an administrative hearing to 
reconsider the disapproval of its SPA reads as follows:

Ms. Marie Zimmerman
Medicaid Director
State of Minnesota, Department of Human Services
540 Cedar Street, P.O. Box 64983
St. Paul, MN 55167

Dear Ms. Zimmerman

    I am responding to your request for reconsideration of the 
decision to disapprove Minnesota's State Plan amendment (SPA) 12-
0014-B, which was submitted to the Centers for Medicare & Medicaid 
Services (CMS) on April 1, 2012, and disapproved on April 27, 2018. 
I am scheduling a hearing on your request for reconsideration to be 
held on August 21, 2018, at the Department of Health and Human 
Services, Centers for Medicare & Medicaid Services, Division of 
Medicaid & Children's Health Insurance Program Services, Chicago 
Regional Office, 233 N. Michigan Avenue, Suite 600 Chicago, Illinois 
60601-5519.
    I am designating Mr. Benjamin R. Cohen as the presiding officer. 
If these arrangements present any problems, please contact Mr. Cohen 
at (410) 786-3169. In order to facilitate any communication that may 
be necessary between the parties prior 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. If the hearing date is not 
acceptable, Mr. Cohen can set another date mutually agreeable to the 
parties. The hearing will be governed by the procedures prescribed 
by federal regulations at 42 CFR part 430.
    SPA 12-0014-B proposed to limit application of a resource 
disregard, in determining eligibility for several optional 
eligibility groups covered under its state plan, to individuals who 
were previously enrolled in the eligibility group described in 
section 1902(a)(10)(A)(ii)(XIII) (sometimes referred to as the 
``working disability'' group) for at least 24 consecutive months and 
who have an ineligible spouse.
    The issues to be considered at the hearing are whether Minnesota 
SPA 12-0014-B is inconsistent with the requirements of:
     Section 1902(a)(17) of the Act and 42 CFR Sec.  
435.601(d)(4), which require that states apply comparable 
eligibility standards and methodologies within eligibility groups.
    In the event that CMS and the state come to agreement on 
resolution of the issues which formed the basis for disapproval, 
this SPA may be moved to approval prior to the scheduled hearing.

Sincerely,
Seema Verma,

Administrator,

cc: Benjamin R. Cohen

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

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

    Dated: July 17, 2018.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2018-15681 Filed 7-20-18; 8:45 am]
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