[Federal Register: December 19, 2003 (Volume 68, Number 244)]
[Notices]
[Page 70801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de03-68]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services
[Document Identifier: CMS-R-234, CMS-250-254]
Agency Information Collection Activities: Proposed Collection;
Comment Request
Agency: Centers for Medicare and Medicaid Services, HHS.
In compliance with the requirement of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid
Services (CMS) (formerly known as the Health Care Financing
Administration (HCFA)), Department of Health and Human Services, is
publishing the following summary of proposed collections for public
comment. Interested persons are invited to send comments regarding this
burden estimate or any other aspect of this collection of information,
including any of the following subjects: (1) The necessity and utility
of the proposed information collection for the proper performance of
the agency's functions; (2) the accuracy of the estimated burden; (3)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (4) the use of automated collection techniques or
other forms of information technology to minimize the information
collection burden.
1. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Subpart D--
Private Contracts and Supporting Regulations in 42 CFR 405.410,
405.430, 405.435, 405.440, 405.445, 405.455, 410.61, 415.110, and
424.24; Form No.: CMS-R-234 (OMB 0938-0730); Use: Section 4507
of the BBA of 1997 amended section 1802 of the Social Security Act to
permit certain physicians and practitioners to opt-out of Medicare and
to provide through private contracts services that would otherwise be
covered by Medicare. Under such contracts the mandatory claims
submission and limiting charge rules of section 1848(g) of the Act
would not apply. Subpart D and the Supporting Regulations contained in
42 CFR 405.410, 405.430, 405.435, 405.440, 405.445, and 405.455,
counters the effect of certain provisions of Medicare law that, absent
section 4507 of BBA 1997, preclude physicians and practitioners from
contracting privately with Medicare beneficiaries to pay without regard
to Medicare limits; Frequency: Biennially; Affected Public: Business or
other for-profit; Number of Respondents: 26,820; Total Annual
Responses: 26,820; Total Annual Hours: 7,197.
2. Type of Information Request: Revision of a currently approved
collection; Title of Information Collection: Medicare Secondary Payer
Information Collection and Supporting Regulations in 42 CFR 411.25,
489.2, and 489.20; Form Number: CMS-250 through CMS-254 (OMB
0938-0214); Use: Medicare Secondary Payer (MSP) is essentially the same
concept known in the private insurance industry as coordination of
benefits and refers to those situations where Medicare does not have
primary responsibility for paying the medical expenses of a Medicare
beneficiary. CMS contracts with health insuring organizations, herein
referred to as intermediaries and carriers, to process Medicare claims.
CMS charges its Medicare intermediaries and carriers with various tasks
to detect MSP cases; develops and disseminates tools to enable them to
better perform their tasks; and monitors their performance in
achievement of their assigned MSP functions. Because intermediaries and
carriers are also marketing health insurance products that may have
liability when Medicare is secondary, the MSP provisions create the
potential for conflict of interest. Recognizing this inherent conflict,
CMS has taken steps to ensure that its intermediaries and carriers
process claims in accordance with the MSP provisions, regardless of
what other insurer is primary. These information collection
requirements describe the MSP requirements and consist of the
following:
1. Initial enrollment questionnaire.
2. MSP claims investigation, which consists of first claim
development, trauma code development, self-reporting MSP liability
development, notice to responsible third party development (411.25
notice), secondary claims development, and ``08'' development
(involving claims where information cannot be obtained from the
beneficiary).
3. Provider MSP development, which requires the provider to request
information from the beneficiary or representative during admission and
other encounters; Frequency: On occasion; Affected Public: Individuals
or households, Business or other for-profit, and Not-for-profit
institutions; Number of Respondents: 134,553,682; Total Annual
Responses: 134,553,682; Total Annual Hours Requested: 1,518,616.
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, access CMS's
Web site address at http://cms.hhs.gov/regulations/pra/default.asp, or
E-mail your request, including your address, phone number, OMB number,
and CMS document identifier, to Paperwork@hcfa.gov, or call the Reports
Clearance Office on (410) 786-1326. Written comments and
recommendations for the proposed information collections must be mailed
within 60 days of this notice directly to the CMS Paperwork Clearance
Officer designated at the following address: CMS, Office of Strategic
Operations and Regulatory Affairs, Division of Regulations Development
and Issuances, Attention: Melissa Musotto, Room C5-14-03, 7500 Security
Boulevard, Baltimore, Maryland 21244-1850.
Dated: December 12, 2003.
Julie Brown,
Acting, Paperwork Reduction Act Team Leader, Office of Strategic
Operations and Strategic Affairs, Division of Regulations Development
and Issuances.
[FR Doc. 03-31358 Filed 12-18-03; 8:45 am]
BILLING CODE 4120-03-P