[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Notices]               
[Page 67181-67182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no08-45]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Centers for Medicare & Medicaid Services

 
Notice of Hearing: Reconsideration of Disapproval of Michigan 
State Plan Amendment (SPA) 07-21

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice of hearing.

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SUMMARY: This notice announces an administrative hearing to be held on 
January 6, 2009, at the CMS Chicago Regional Office, 233 N. Michigan 
Avenue, Suite 600, Chicago, Illinois 60601 to reconsider CMS' decision 
to disapprove Michigan SPA 07-21.

CLOSING DATE: Requests to participate in the hearing as a party must be 
received by the presiding officer by November 28, 2008.

FOR FURTHER INFORMATION CONTACT: Benjamin 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' decision to disapprove Michigan SPA 07-21 
which was submitted on December 28, 2007, and disapproved on September 
2, 2008.

[[Page 67182]]

    Under this SPA, the State indicated that it would provide for the 
implementation of an estate recovery program under sections 1902(a)(18) 
and 1917(b) of the Social Security Act (the Act). CMS issued a request 
for additional information on March 5, 2008, which included a request 
for information about the State's projected cost savings resulting from 
implementation of the estate recovery program. In discussions with CMS 
regarding submission of SPA 07-21, State officials stated that these 
projected cost savings estimates would require revision because the 
estate recovery program had in fact not yet become operational. The 
State did not provide additional information indicating when and to 
what extent it would come into compliance with sections 1902(a)(18) and 
1917(b) of the Act. Thus, the State's overall submission did not 
provide sufficient detail or information for us to determine that the 
State has an estate recovery program that meets statutory requirements.
    Based on the above, and after consultation with the Secretary of 
the Department of Health and Human Services as required under Federal 
regulations at 42 CFR 430.15(c)(2), CMS disapproved Michigan Medicaid 
SPA 07-21.
    The hearing will involve the following issues:
     Whether the State complied with the statutory requirements 
to implement an estate recovery program; and
     Whether the State has provided the information necessary 
for CMS to determine whether the plan can be approved to serve as a 
basis for Federal financial participation.
    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 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 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 Michigan announcing an administrative hearing to 
reconsider the disapproval of its SPA reads as follows:

Mr. Paul Reinhart, Director, Medical Services Administration, 
Department of Community Health, 400 South Pine, Lansing, MI 48933.

    Dear Mr. Reinhart: I am responding to your request for 
reconsideration of the decision to disapprove the Michigan State 
plan amendment (SPA) 07-21, which was submitted on December 28, 
2007, and disapproved on September 2, 2008.
    Under this SPA, the State indicated that it would provide for 
the implementation of an estate recovery program under sections 
1902(a)(18) and 1917(b) of the Social Security Act (the Act). The 
Centers for Medicare & Medicaid Services (CMS) issued a request for 
additional information on March 5, 2008, which included a request 
for information about the State's projected cost savings resulting 
from implementation of the estate recovery program. In discussions 
with CMS regarding submission of SPA 07-21, State officials stated 
that these projected cost savings estimates would require revision 
because the estate recovery program had in fact not yet become 
operational. The State did not provide additional information 
indicating when and to what extent it would come into compliance 
with sections 1902(a)(18) and 1917(b) of the Act. Thus, the State's 
overall submission did not provide sufficient detail or information 
for us to determine that the State has an estate recovery program 
that meets statutory requirements. Based on the above, and after 
consultation with the Secretary of the Department of Health and 
Human Services as required under Federal regulations at 42 CFR 
430.15(c)(2), CMS disapproved Michigan Medicaid SPA 07-21.
    The issues to be considered at the hearing are:
     Whether the State complied with the statutory 
requirements to implement an estate recovery program; and
     Whether the State has provided the information 
necessary for CMS to determine whether the plan can be approved to 
serve as a basis for Federal financial participation.
    I am scheduling a hearing on your request for reconsideration to 
be held on January 6, 2009, at the CMS Chicago Regional Office, 233 
N. Michigan Avenue, Suite 600, Chicago, Illinois 60601, in order to 
reconsider the decision to disapprove SPA 07-21. 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 by Federal regulations at 42 CFR Part 430.
    I am designating Mr. Benjamin Cohen as the presiding officer. If 
these arrangements present any problems, please contact the 
presiding officer at (410) 786-3169. 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.
    Sincerely,

Kerry Weems,
Acting 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: November 7, 2008.
Kerry Weems,
Acting Administrator, Centers for Medicare & Medicaid Services.
 [FR Doc. E8-26993 Filed 11-12-08; 8:45 am]

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