[Federal Register: June 3, 2005 (Volume 70, Number 106)]
[Notices]
[Page 32630-32631]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn05-89]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-838 and CMS-10148]
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Centers for Medicare & Medicaid Services.
In compliance with the requirement of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid
Services (CMS) 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: Medicare Credit
Balance Reporting Requirements and Supporting Regulations in 42 CFR
405.371, 405.378, and 413.20; Form Nos.: CMS-838 (OMB 0938-
0600); Use: Section 1815(a) of the Social Security Act authorizes the
Secretary to request information from providers which is necessary to
properly administer the Medicare program. Quarterly credit balance
reporting is needed to monitor and control the identification and
timely collection of improper payments. The reporting requirements
provide CMS with the authority to impose sanctions such as the
suspension of program payments in accordance with 42 CFR 413.20(e) and
405.371 if providers do not report credit balances on a timely basis.
Furthermore, once a credit balance has been identified on an 838 and
demand for payment is made, CMS has the authority to charge interest if
the amount is not repaid within 30 days in accordance with 42 CFR
405.378. The collection of credit balance information is needed to
ensure that millions of dollars in improper program payments are
collected. Approximately 48,300 health care providers will be required
to submit a quarterly credit balance report that identifies the amount
of improper payments they received that are due to Medicare. The
intermediaries will monitor the reports to ensure these funds are
collected; Frequency: Quarterly; Affected Public: Not-for-profit
institutions, Business or other for-profit; Number of Respondents:
48,300; Total Annual Responses: 193,200; Total Annual Hours: 579,600.
2. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: HIPAA
Administrative Simplification Non-Privacy Enforcement; Form Nos.: CMS-
10148(OMB 0938-0948); Use: The
[[Page 32631]]
Health Insurance Portability and Accountability Act (HIPAA) became law
in 1996 (Pub. L. 104-191). Subtitle F of Title II of HIPAA, entitled
``Administrative Simplification,'' (A.S.) requires the Secretary of
Health and Human Services to adopt national standards for certain
information-related activities of the health care industry. The HIPAA
provisions, by statute, apply only to ``covered entities'' referred to
in section 1320d-2(a)(1) of this title. Responsibility for
administering and enforcing the HIPAA A.S. Transactions, Code Sets,
Identifiers and Security Rules has been delegated to the Centers for
Medicare & Medicaid Services; Frequency: Reporting--On occasion;
Affected Public: Business or other for-profit, Individuals or
Households; Not-for-profit institutions, Federal Government, and State,
Local or Tribal Government; Number of Respondents: 500; Total Annual
Responses: 500; Total Annual Hours: 500.
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, access CMS'
Web site address at http://www.cms.hhs.gov/regulations/pra/, or E-mail
your request, including your address, phone number, OMB number, and CMS
document identifier, to Paperwork@cms.hhs.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 to the address
below: CMS, Office of Strategic Operations and Regulatory Affairs,
Division of Regulations Development, Attention: William N. Parham, III,
PRA Analyst, Room C5-13-27, 7500 Security Boulevard, Baltimore,
Maryland 21244-1850.
Dated: May 27, 2005.
Michelle Shortt,
Acting Director, Regulations Development Group, Office of Strategic
Operations and Regulatory Affairs.
[FR Doc. 05-11136 Filed 6-2-05; 8:45 am]
BILLING CODE 4120-01-P