[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70926-70927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29074]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10207, CMS-R-131, CMS-10215, CMS-724, CMS-
10227, and CMS-10244]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request
AGENCY: Centers for Medicare & 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 & Medicaid
Services (CMS), 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 function; (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: Physician Self-
Referral Exceptions for Electronic Prescribing and Electronic Health
Records; Form Number: CMS-10207 (OMB: 0938-1009); Use: Section
101 of the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (MMA) directed the Secretary to create an exception to the
physician self-referral prohibition in section 1877 of the Social
Security Act for certain arrangements in which a physician receives
compensation in the form of items or services (not including cash or
cash equivalents) (``nonmonetary remuneration'') that is necessary and
used solely to receive and transmit electronic prescription
information. Also, CMS created a separate regulatory exception for
certain arrangements involving the provision of nonmonetary
remuneration in the form of electronic health records software or
information technology and training services necessary and used
predominantly to create, maintain, transmit, or receive electronic
health records.
The conditions for both exceptions require that arrangements for
the items and services provided must be set forth in a written
agreement, be signed by the parties involved, specify the items or
services being provided and the cost of those items or services, and
cover all of the electronic prescribing and/or electronic health
records technology to be provided by the donating entity. CMS would use
the collected information for enforcement purposes; specifically, if we
were investigating the financial relationships between the donors and
the physicians to determine whether the provisions in the exceptions
were met. Frequency: Occasionally; Affected Public: Private Sector:
Business or other for-profits and Not-for-profit institutions; Number
of Respondents: 9,796; Total Annual Responses: 38,959; Total Annual
Hours: 12,451.5. . (For policy questions regarding this collection
contact Kristin Bohl at 410-
[[Page 70927]]
786-8680. For all other issues call 410-786-1326.)
2. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Advance
Beneficiary Notice of Noncoverage (ABN); Form Number: CMS-R-131
(OMB: 0938-0566); Use: Under section 1879 of the Social
Security Act, a physician, provider, practitioner, or supplier of items
or services participating in the Medicare program, or taking a claim on
assignment, may bill a Medicare beneficiary for items or services
usually covered under Medicare, but denied in an individual case under
one of the several statutory exclusions, if they inform the
beneficiary, prior to furnishing the service, that Medicare is likely
to deny payment. Sections 42 CFR 411.404(b) and (c), and 411.408(d)(2)
and (f), require written notice be provided to inform beneficiaries in
advance of potential liability for payment. Frequency: Once; Affected
Public: Reporting: Weekly, Monthly, Yearly, Biennially and
Occasionally; Number of Respondents: 1,326,282; Total Annual Responses:
43,725,850; Total Annual Hours: 5,099,309. (For policy questions
regarding this collection contact Evelyn Blaemire at 410-786-1803. For
all other issues call 410-786-1326.)
3. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Medicaid Payment
for Prescription Drugs--Physicians and Hospital Outpatient Departments
Collecting and Submitting Drug Identifying Information to State
Medicaid Programs; Use: Section 6002 of the Deficit Reduction Act (DRA)
of 2005 added provisions under section 1927 of the Social Security Act
to require physicians in their offices and hospital outpatient settings
or other entities (e.g., non-profit facilities) to collect and submit
the drug National Drug Code (NDC) numbers on Medicaid claims to their
State in order for Federal Financial Participation to be available for
these drugs. Form Number: CMS-10215 (OMB: 0938-1026);
Frequency: Weekly; Affected Public: Private Sector: Business or other
for-profits and Not-for-profit institutions; Number of Respondents:
20,000; Total Annual Responses: 3,910,000; Total Annual Hours: 15,836.
(For policy questions regarding this collection contact Bernadette
Leeds at 410-786-9463. For all other issues call 410-786-1326.)
4. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Medicare/Medicaid
Psychiatric Hospital Survey Data; Use: The CMS-724 form is used to
collect data that is not collected elsewhere and assists CMS in program
planning and evaluation and in maintaining an accurate database on
providers participating in the psychiatric hospital program. Form
Number: CMS-724 (OMB: 0938-0378); Frequency: Annually;
Affected Public: Private Sector: Business or other for-profits and Not-
for-profit institutions; Number of Respondents: 500; Total Annual
Responses: 150; Total Annual Hours: 75. (For policy questions regarding
this collection contact Kelley Leonette at 410-786-6664. For all other
issues call 410-786-1326.)
5. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: PACE State Plan
Amendment Pre-print; Use: The Balanced Budget Act of 1997 created
section 1934 of the Social Security Act that established the Program
for the All-Inclusive Care for the Elderly (PACE). The legislation
established the PACE program as a Medicaid State plan option serving
the frail and elderly in the home and community. Pursuant to the notice
given in 64 FR 66271 (November 24, 1999), if a State elects to offer
PACE as an optional Medicaid benefit, it must complete a State Plan
Amendment described as Enclosures 3, 4, 5, 6 and 7. The
information collected is used by CMS to affirm that the State elects to
offer PACE an optional State plan service and the specifications of
eligibility, payment and enrollment for the program. Form Number: CMS-
10227 (OMB: 0938-1027); Frequency: Once; Affected Public:
State, Local, or Tribal Governments; Number of Respondents: 36; Total
Annual Responses: 12; Total Annual Hours: 240. (For policy questions
regarding this collection contact Angela Taube at 410-786-2638. For all
other issues call 410-786-1326.)
6. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Medicaid State
Program Integrity Assessment (SPIA); Use: Under the provisions of the
Deficit Reduction Act (DRA) of 2005, the Congress directed CMS to
establish the Medicaid Integrity Program (MIP), CMS' first national
strategy to combat Medicaid fraud, waste, and abuse. CMS has two broad
responsibilities under the MIP: (1) Reviewing the actions of
individuals or entities providing services or furnishing items under
Medicaid; conducting audits of claims submitted for payment;
identifying overpayments; and educating providers and others on payment
integrity and quality of care; and (2) Providing effective support and
assistance to States to combat Medicaid fraud, waste, and abuse.
In order to fulfill the second of these requirements, CMS developed
SPIA. CMS uses SPIA to collect data on State Medicaid program integrity
activities, develop reports for each State based on these data,
determine areas to provide States with technical support and
assistance, and develop measures to assess States' performance. Form
Number: CMS-10244 (OMB: 0938-1033); Frequency: Annually;
Affected Public: State, Local, or Tribal Governments; Number of
Respondents: 56; Total Annual Responses: 56; Total Annual Hours: 1,400.
(For policy questions regarding this collection contact Mary Jo Cook at
410-786-3231. For all other issues call 410-786-1326.)
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:[sol][sol]www.cms.hhs.gov[sol]PaperworkReductionActof1995, or E-
mail your request, including your address, phone number, OMB number,
and CMS document identifier, to [email protected], or call the
Reports Clearance Office on (410) 786-1326.
To be assured consideration, comments and recommendations for the
proposed information collections must be received by the OMB desk
officer at the address below, no later than 5 p.m. on December 20,
2010. OMB, Office of Information and Regulatory Affairs, Attention: CMS
Desk Officer. Fax Number: (202) 395-6974. E-mail: [email protected].
Dated: November 12, 2010.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations
and Regulatory Affairs.
[FR Doc. 2010-29074 Filed 11-18-10; 8:45 am]
BILLING CODE 4120-01-P