Notice2021-14866
Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget (OMB)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2021
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
The Centers for Medicare & Medicaid Services (CMS) is requesting that this information collection request (ICR), for revisions to the form CMS-2567 be processed under the emergency Paperwork Reduction Act of 1995 (PRA) clearance process.
Full Text
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<title>Federal Register, Volume 86 Issue 131 (Tuesday, July 13, 2021)</title>
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[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36751-36752]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14866]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-2567]
Emergency Clearance: Public Information Collection Requirements
Submitted to the Office of Management and Budget (OMB)
AGENCY: Centers for Medicare & Medicaid Services, Health and Human
Services.
ACTION: Notice.
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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is
requesting that this information collection request (ICR), for
revisions to the form CMS-2567 be processed under the emergency
Paperwork Reduction Act of 1995 (PRA) clearance process.
DATES: Comments must be received by August 12, 2021.
ADDRESSES: When commenting, please reference the document identifier
(CMS-2567) or OMB control number (0938-0391). To be assured
consideration, comments and recommendations must be submitted in any
one of the following ways:
1. Electronically. You may send your comments electronically to
<a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for ``Comment or
Submission'' or ``More Search Options'' to find the information
collection document(s) that are accepting comments.
2. By regular mail. You may mail written comments to the following
address: CMS, Office of Strategic Operations and Regulatory Affairs,
Division of Regulations Development, Attention: CMS-R-39/OMB Control
Number 0938-0365, Room C4-26-05, 7500 Security Boulevard, Baltimore,
Maryland 21244-1850.
To obtain copies of a supporting statement and any related forms
for the proposed collection(s) summarized in this notice, you may make
your request using one of following:
1. Access CMS' website address at <a href="http://www.cms.hhs.gov/PaperworkReductionActof1995">http://www.cms.hhs.gov/PaperworkReductionActof1995</a>.
FOR FURTHER INFORMATION CONTACT: William Parham, Reports Clearance
Office at (410) 786-1326.
SUPPLEMENTARY INFORMATION: In December, 2020, Congress passed the
Consolidated Appropriations Act, 2021 (CAA, 2021). Section 407 of CAA,
2021, amended Part A of Title XVIII of the Social Security Act (the
Act) at section 1822 establishing hospice program survey and
enforcement requirements. This amendment, in part, now requires the
Accrediting Organizations (AOs) that accredit hospice programs to
include the form CMS-2567 to document the findings of their hospice
program surveys beginning on October 1, 2021. Public harm is reasonably
likely to ensue if the normal, non-emergency clearance procedures are
followed. CMS would miss the statutorily mandated deadline of October
1, 2021 for Accrediting Organizations (AOs), with a hospice program, to
begin using the form CMS-2567. AOs will not have the revised form to
include in their current survey documentation systems and processes and
will not meet the deadline of October 1, 2021 for beginning use. If CMS
misses the deadline, it will jeopardize another CAA, 2021 mandated
provision deadline for public posting of these AO hospice program
survey reports on our website. The purpose of this requirement is for
public transparency of survey and certification information. This
statutory provision requires that the hospice program survey reports be
posted by no later than October 1, 2022. Additionally, the public may
not have all the information necessary to make an informed decision
regarding where they seek high quality, safe care hospice program
organizations for themselves or loved ones. Beneficiaries and the
public at large utilize survey findings when evaluating whether to
receive care from certain facilities.
Under the PRA, federal agencies are required to publish notice in
the Federal Register concerning each proposed ICR. Interested persons
are invited to send comments regarding our burden estimates or any
other aspect of this ICR including the necessity and utility of the
proposed ICR for the proper performance of the agency's functions, the
accuracy of the estimated burden, ways to enhance the quality, utility,
and clarity of the information to be collected and the use of automated
collection techniques or other forms of information technology to
minimize the information collection burden.
Contents
This notice sets out a summary of the use and burden associated
with the following ICR. More detailed information can be found in the
collection's supporting statement and associated materials (see
ADDRESSES).
CMS-2567 Statement of Deficiency and Plan of Correction
Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain
approval from the Office of Management
[[Page 36752]]
and Budget (OMB) for each collection of information they conduct or
sponsor. The term ``collection of information'' is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c) and includes agency requests or
requirements that members of the public: Submit reports, keep records,
or provide information to a third party. To comply with this
requirement, CMS is publishing this notice that summarizes the
following proposed collection(s) of information for public comment:
Information Collection
1. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Statement of
Deficiency and Plan of Correction Use: The form CMS-2567 is the means
by which State and CMS surveyors document findings of compliance or
noncompliance (deficiencies) resulting from inspection of Medicare,
Medicaid, and Clinical Laboratory Improvement Amendments (CLIA)
laboratories. The form CMS-2567 is the legal, documentary basis for
CMS' certification of a facility's compliance or noncompliance with the
Medicare/Medicaid Conditions of Participation or Coverage, and the
requirements for Nursing Home participation and CLIA certification.
In December, 2020, Congress passed the Consolidated Appropriations
Act, 2021 (CAA, 2021). Section 407 of CAA, 2021, amended Part A of
Title XVIII of the Social Security Act (the Act) at section 1822
establishing hospice program survey and enforcement requirements. This
amendment, in part, now requires the Accrediting Organizations (AOs)
that accredit hospice programs to include the form CMS-2567 to document
the findings of their hospice program surveys beginning on October 1,
2021. As of June 2021, there are three AOs with CMS-approved hospice
accreditation programs. The AOs survey approximately half of the over
5,000 Medicare-certified hospice programs, while the SAs survey the
remaining half.
To enable AOs to use the form CMS-2567, we must revise it by adding
fields for the AO name. Also, the instructions must be updated to
include AOs as another group which utilizes the form CMS-2567. We have
also included the burden calculations from CMS-1747-P (Medicare and
Medicaid Programs; CY 2022 Home Health Prospective Payment System Rate
Update), related to the one-time update needed to each of AO's
proprietary electronic systems in order to use the form CMS-2567 as
directed by the CAA, 2021. Form Numbers: CMS-2567 (OMB control number:
0938-0391); Frequency: Yearly and Occasionally; Affected Public:
Private Sector (Business or for-profits and Not-for-profit
institutions); Number of Respondents: 65,948; Total Annual Responses:
65,948; Total Annual Hours: 1,210,376. (For policy questions regarding
this collection contact Caroline Gallaher at 410-786-8705.)
Dated: July 8, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2021-14866 Filed 7-12-21; 8:45 am]
BILLING CODE 4120-01-P
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