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Federal Register / Vol. 73, No.

57 / Monday, March 24, 2008 / Notices 15529

1902(a)(32) of the Act, which provides recognized provider type under that section. Sincerely,
that payment under the plan may only Thus, payment to birthing centers is not Kerry Weems
be made to the provider or practitioner, consistent with the requirements of sections Acting Administrator
1902(a)(10)(A) and 1902(a)(32) of the Act.
except under very limited Section 1905(a) of the Act defines those Section 1116 of the Social Security
circumstances. services eligible for medical assistance under Act (42 U.S.C. section 1316; 42 CFR
Section 1116 of the Act and Federal Medicaid, generally based on the type of
regulations at 42 CFR Part 430 establish section 430.18)
provider or practitioner. Birthing centers are
Department procedures that provide an not a recognized type of provider or facility (Catalog of Federal Domestic Assistance
administrative hearing for eligible for payment under that section. program No. 13.714, Medicaid Assistance
reconsideration of a disapproval of a Nurse midwife services are a recognized Program.)
State plan or plan amendment. CMS is service under section 1905(a)(17) of the Act. Dated: March 14, 2008.
required to publish a copy of the notice On June 29, 2006, CMS disapproved Texas
Kerry Weems,
SPAs 04–33(b) and 06–004 for the same
to a State Medicaid agency that informs reasons cited above. The State did not appeal Acting Administrator, Centers for Medicare
the agency of the time and place of the either of these disapprovals. Through those & Medicaid Services.
hearing, and the issues to be considered. prior disapprovals, CMS notified Texas of its [FR Doc. E8–5881 Filed 3–21–08; 8:45 am]
If we subsequently notify the agency of concern that there is no statutory or BILLING CODE 4120–01–P
additional issues that will be considered regulatory authority for birthing center
at the hearing, we will also publish that facility payments that are part of the current
notice. approved Medicaid State plan.
The hearing will involve the following
Any individual or group that wants to HUMAN SERVICES
participate in the hearing as a party
• Whether there is legal authority to
must petition the presiding officer provide payment to birthing center facility Administration for Children and
within 15 days after publication of this services in the absence of any statutory Families
notice, in accordance with the authorization for coverage of birthing center
requirements contained at 42 CFR facility services. Submission for OMB Review;
430.76(b)(2). Any interested person or • Whether the express authorization of Comment Request
organization that wants to participate as coverage for ‘‘nurse midwife services’’ as a
amicus curiae must petition the recognized service under section 1905(a)(17) Title: LIHEAP Quarterly Allocation
presiding officer before the hearing of the Act identifies the provider of such Estimates, Form ACF535.
services as the nurse midwife practitioner, OMB No.: 0970–0037.
begins in accordance with the rather than as the birthing center.
requirements contained at 42 CFR • Whether direct payment for nurse
Description: The LIHEAP Quarterly
430.76(c). If the hearing is later midwife services can be made to persons or Allocation Estimates, ACF Form-535 is
rescheduled, the presiding officer will entities other than the nurse midwife, a one-page form that is sent to 50 State
notify all participants. consistent with section 1902(a)(32) of the grantees and to the District of Columbia.
The notice to Texas announcing an Act, which provides that payment under the It is also sent to Tribal Government
administrative hearing to reconsider the plan may only be made to the provider or grantees that receive over $1 million
disapproval of its SPA reads as follows: practitioner, except under very limited annually for the Low Income Home
circumstances. Energy Assistance Program (LIHEAP).
Mr. Chris Traylor, State Medicaid CHIP I am scheduling a hearing on your request
Director, Texas Health and Human for reconsideration to be held on May 7,
Grantees are asked to complete and
Services Commission, P.O. Box 13247, 2008, at the CMS Dallas Regional Office, submit the form in the 4th quarter of
Austin, TX 78711. 1301 Young Street, Room 1196, Dallas, Texas each year. The data collected on the
Dear Mr. Traylor: 75202, in order to reconsider the decision to form are grantees estimates of
I am responding to your request for disapprove SPA 07–011. If this date is not obligations they expect to make each
reconsideration of the decision to disapprove acceptable, we would be glad to set another quarter for the upcoming fiscal year for
the Texas State plan amendment (SPA) 07– date that is mutually agreeable to the parties. the LIHEAP program. This is the only
011, which was submitted on September 24, The hearing will be governed by the method used to request anticipated
2007, and disapproved on December 20, procedures prescribed by Federal regulations
at 42 CFR Part 430.
distributions of the grantees’ LIHEAP
Under this SPA, the State proposed to I am designating Ms. Kathleen Scully- funds. The information is used to
revise the reimbursement methodology for Hayes as the presiding officer. If these develop apportionment requests to OMB
Medicaid services delivered as ‘‘birthing arrangements present any problems, please and to make grant awards based on
center facility’’ services by eliminating the contact the presiding officer at (410) 786– grantees’ anticipated needs. Information
2.5 percent rate reduction implemented 2055. In order to facilitate any collected on this form is not available
September 1, 2003. communication which may be necessary through any other Federal source.
The amendment was disapproved because between the parties to the hearing, please Submission of the form is voluntary.
‘‘birthing center services’’ are not a notify the presiding officer to indicate
recognized service within the scope of acceptability of the hearing date that has Respondents: State Governments,
‘‘medical assistance’’ under section 1905(a) been scheduled and provide names of the Tribal Governments that receive over $1
of the Social Security Act (the Act), and individuals who will represent the State at million annually, and the District of
‘‘birthing center facility services’’ are not a the hearing. Columbia.


Number of Average
Number of Total burden
Instrument responses per burden hours
respondents hours
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respondent per response

Quarterly Allocation Estimates, Form ACF–535 ...................................... 55 55 .25 13.75

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15530 Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices

Estimated Total Annual Burden Location: Gaithersburg Holiday Inn, and 4 p.m.; and on April 25, 2008,
Hours: 13.75. Ballroom, 2 Montgomery Village Ave., between approximately 10 a.m. and
Gaithersburg, MD. 11:15 a.m. and between approximately 3
Additional Information Contact Person: Karen F. Warburton, p.m. and 4 p.m. Those desiring to make
Copies of the proposed collection may Center for Devices and Radiological formal oral presentations should notify
be obtained by writing to the Health, Food and Drug Administration, the contact person and submit a brief
Administration for Children and 9200 Corporate Blvd., Rockville, MD statement of the general nature of the
Families, Office of Administration, 20850, 240–276–4238, or FDA Advisory evidence or arguments they wish to
Office of Information Services, 370 Committee Information Line, 1–800– present, the names and addresses of
L’Enfant Promenade, SW., Washington, 741–8138 (301–443–0572 in the proposed participants, and an
DC 20447, Attn: ACF Reports Clearance Washington, DC area), code indication of the approximate time
Officer. All requests should be 3014512396. Please call the Information requested to make their presentation on
identified by the title of the information Line for up-to-date information on this or before April 7, 2008. Time allotted for
collection. E-mail address: meeting. A notice in the Federal each presentation may be limited. If the Register about last minute modifications number of registrants requesting to
that impact a previously announced speak is greater than can be reasonably
OMB Comment advisory committee meeting cannot accommodated during the scheduled
OMB is required to make a decision always be published quickly enough to open public hearing session, FDA may
concerning the collection of information provide timely notice. Therefore, you conduct a lottery to determine the
between 30 and 60 days after should always check the agency’s Web speakers for the scheduled open public
publication of this document in the site and call the appropriate advisory hearing session. The contact person will
Federal Register. Therefore, a comment committee hot line/phone line to learn notify interested persons regarding their
is best assured of having its full effect about possible modifications before request to speak by April 8, 2008.
if OMB receives it within 30 days of coming to the meeting. Persons attending FDA’s advisory
publication. Written comments and Agenda: On April 24, 2008, the committee meetings are advised that the
recommendations for the proposed committee will discuss, make agency is not responsible for providing
information collection should be sent recommendations, and vote on a access to electrical outlets.
directly to the following: Office of premarket approval application, FDA welcomes the attendance of the
Management and Budget, Paperwork sponsored by VisionCare Technologies, public at its advisory committee
Reduction Project, Fax: 202–395–6974, Inc., for an implantable miniature meetings and will make every effort to
Attn: Desk Officer for the telescope (IMT). The IMT, a visual accommodate persons with physical
prosthetic device, is indicated for disabilities or special needs. If you
Administration for Children and
monocular implant in patients with require special accommodations due to
stable, moderate to profound central a disability, please contact AnnMarie
Dated: March 17, 2008. vision impairment due to bilateral Williams, Conference Management staff,
Janean Chambers, central scotomas associated with end- at 240–276–8932, at least 7 days in
Reports Clearance Officer. stage macular degeneration with advance of the meeting.
[FR Doc. E8–5761 Filed 3–21–08; 8:45 am] geographic atrophy or disciform scar, FDA is committed to the orderly
BILLING CODE 4184–01–P foveal involvement, and cataract. On conduct of its advisory committee
April 25, 2008, the committee will meetings. Please visit our Web site at
discuss general issues concerning the
DEPARTMENT OF HEALTH AND post market experience with phakic default.htm for procedures on public
HUMAN SERVICES intraocular lenses and laser-assisted in conduct during advisory committee
situ keratomileusis (LASIK). meetings.
Food and Drug Administration FDA intends to make background Notice of this meeting is given under
material available to the public no later the Federal Advisory Committee Act (5
Ophthalmic Devices Panel of the than 2 business days before the meeting. U.S.C. app. 2).
Medical Devices Advisory Committee; If FDA is unable to post the background
Notice of Meeting material on its Web site prior to the Dated: March 14, 2008.
meeting, the background material will Randall W. Lutter,
AGENCY: Food and Drug Administration, Deputy Commissioner for Policy.
be made publicly available at the
location of the advisory committee [FR Doc. E8–5810 Filed 3–21–08; 8:45 am]
ACTION: Notice. meeting, and the background material BILLING CODE 4160–01–S
will be posted on FDA’s Web site after
This notice announces a forthcoming the meeting. Background material is
meeting of a public advisory committee available at DEPARTMENT OF HEALTH AND
of the Food and Drug Administration dockets/ac/acmenu.htm, click on the HUMAN SERVICES
(FDA). The meeting will be open to the year 2008 and scroll down to the
public. appropriate advisory committee link. National Institutes of Health
Name of Committee: Ophthalmic Procedure: Interested persons may
Devices Panel of the Medical Devices Proposed Collection; Comment
present data, information, or views,
Advisory Committee. Request; Inventory and Evaluation of
orally or in writing, on issues pending
General Function of the Committee: Clinical Research Networks
before the committee. Written
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To provide advice and submissions may be made to the contact SUMMARY: In compliance with the
recommendations to the agency on person on or before April 15, 2008. Oral requirement of Section 3506(c)(2)(A) of
FDA’s regulatory issues. presentations from the public will be the Paperwork Reduction Act of 1995,
Date and Time: The meeting will be scheduled on April 24, 2008, between for opportunity for public comment on
held on April 24 and 25, 2008, from approximately 9:30 a.m. and 10 a.m. proposed data collection projects, the
8:30 a.m. to 5 p.m. and between approximately 3:30 p.m. National Center for Research Resource

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