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73348 Federal Register / Vol. 72, No.

247 / Thursday, December 27, 2007 / Notices

acquire voting shares of Farmers Lansing, Michigan; has applied to Modernization Act ‘‘MMA’’), amended
Citizens Bank, all of Bucyrus, Ohio. become a bank holding company by section 1869(b)(1)(E) of the Act to
Board of Governors of the Federal Reserve acquiring 51 percent of the voting shares require the AIC threshold amounts for
System, December 20, 2007. of Mountain View Bank of Commerce ALJ hearings and judicial review be
Robert deV. Frierson, (in organization), Westminster, adjusted annually. The AIC threshold
Deputy Secretary of the Board. Colorado. amounts are to be adjusted, as of
2. Kerndt Bank Services, Inc., Lansing, January 2005, by the percentage increase
[FR Doc. E7–25016 Filed 12–26–07; 8:45 am]
Iowa; to acquire 100 percent of Family in the medical care component of the
BILLING CODE 6210–01–S
Merchants Bancorporation, Inc., and consumer price index for all urban
thereby indirectly acquire voting shares consumers (U.S. city average) for July
FEDERAL RESERVE SYSTEM of Family Merchants Bank, both of 2003 to July of the year preceding the
Cedar Rapids, Iowa. year involved and rounded to the
Formations of, Acquisitions by, and Board of Governors of the Federal Reserve nearest multiple of $10. Section
Mergers of Bank Holding Companies System, December 20, 2007. 940(b)(2) of the MMA provided
Robert deV. Frierson, conforming amendments to apply the
The companies listed in this notice AIC adjustment requirement to
have applied to the Board for approval, Deputy Secretary of the Board.
Medicare Part C (Medicare Advantage
pursuant to the Bank Holding Company [FR Doc.E7–25015 Filed 12–26–07; 8:45 am] ‘‘MA’’) appeals and certain health
Act of 1956 (12 U.S.C. 1841 et seq.) BILLING CODE 6210–01–S maintenance organization and
(BHC Act), Regulation Y (12 CFR Part competitive health plan appeals. Health
225), and all other applicable statutes care prepayment plans are also subject
and regulations to become a bank DEPARTMENT OF HEALTH AND to MA appeals rules, including the AIC
holding company and/or to acquire the HUMAN SERVICES adjustment requirement. Section 101 of
assets or the ownership of, control of, or the MMA provides for the application of
the power to vote shares of a bank or Centers for Medicare & Medicaid the AIC adjustment requirement to
bank holding company and all of the Services Medicare Part D appeals.
banks and nonbanking companies [CMS–4134–N]
owned by the bank holding company, A. Medicare Part A and Part B Appeals
including the companies listed below. Medicare Program; Medicare Appeals; The statutory formula for the annual
The applications listed below, as well Adjustment to the Amount in adjustment to the AIC threshold
as other related filings required by the Controversy Threshold Amounts for amounts for ALJ hearings and judicial
Board, are available for immediate Calendar Year 2008 review of Medicare Part A and Part B
inspection at the Federal Reserve Bank appeals, set forth at section
indicated. The application also will be AGENCY: Centers for Medicare & 1869(b)(1)(E) of the Act, is included in
available for inspection at the offices of Medicaid Services (CMS), HHS. the applicable implementing
the Board of Governors. Interested ACTION: Notice. regulations, 42 CFR part 405, Subpart I,
persons may express their views in at § 405.1006(b). The regulations require
SUMMARY: This notice announces the
writing on the standards enumerated in the Secretary of the Department of
annual adjustment in the amount in
the BHC Act (12 U.S.C. 1842(c)). If the Health and Human Services (the
controversy (AIC) threshold amounts for
proposal also involves the acquisition of Secretary) to publish changes to the AIC
administrative law judge (ALJ) hearings
a nonbanking company, the review also threshold amounts in the Federal
and judicial review under the Medicare
includes whether the acquisition of the Register (§ 405.1006(b)(2)). In order to
appeals process. The adjustment to the
nonbanking company complies with the be entitled to a hearing before an ALJ,
AIC threshold amounts will be effective
standards in section 4 of the BHC Act a party to a proceeding must meet the
for requests for ALJ hearings and
(12 U.S.C. 1843). Unless otherwise AIC requirements at § 405.1006(c).
judicial review filed on or after January
noted, nonbanking activities will be Similarly, a party must meet the AIC
1, 2008. The 2008 AIC threshold
conducted throughout the United States. requirement at the time judicial review
amounts are $120 for ALJ hearings and
Additional information on all bank is requested for the court to have
$1,180 for judicial review.
holding companies may be obtained jurisdiction over the appeal
EFFECTIVE DATE: This notice is effective (§ 405.1136(a)).
from the National Information Center
website at www.ffiec.gov/nic/. on January 1, 2008.
FOR FURTHER INFORMATION CONTACT: B. Medicare Part C (Medicare
Unless otherwise noted, comments
Arrah Tabe-Bedward, (410) 786–7129; Advantage) Appeals
regarding each of these applications
must be received at the Reserve Bank Katherine Hosna, (410) 786–4993. Section 940(b)(2) of the MMA applies
indicated or the offices of the Board of SUPPLEMENTARY INFORMATION: the AIC adjustment requirement to Part
Governors not later than January 18, C (MA) appeals by amending section
I. Background 1852(g)(5) of the Act. The implementing
2008.
A. Federal Reserve Bank of Chicago Section 1869(b)(1)(E) of the Social regulations for Medicare Part C appeals
(Burl Thornton, Assistant Vice Security Act (the Act), as amended by are found at 42 CFR part 422, Subpart
President) 230 South LaSalle Street, Section 521 of the Medicare, Medicaid M. Specifically, § 422.600 and § 422.612
Chicago, Illinois 60690–1414: and SCHIP Benefits Improvement and discuss the AIC threshold amounts for
1. Capitol Bancorp Ltd., and Capitol Protection Act of 2000 (BIPA), ALJ hearings and judicial review.
Development Bancorp Limited VII, both established the AIC threshold amounts Section 422.600 grants any party,
mstockstill on PROD1PC66 with NOTICES

of Lansing, Michigan; to acquire 51 for ALJ hearing requests and judicial except the MA organization, a right to
percent of the voting shares of Mountain review at $100 and $1000, respectively, an ALJ hearing as long as the amount
View Bank of Commerce (in for Medicare Part A and Part B appeals. remaining in controversy after
organization), Westminster, Colorado. Section 940 of the Medicare reconsideration meets the threshold
In connection with this application, Prescription Drug, Improvement, and requirement established annually by the
Capitol Bancorp Colorado Ltd. III, Modernization Act of 2003 (Medicare Secretary. Section 422.612 states that

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