Notice2021-22448
Agency Information Collection Activities: Proposed Collection; Comment Request
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
October 14, 2021
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57149-57151]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22448]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-222-17, CMS-10142 and CMS-10552]
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Centers for Medicare & Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is
announcing an opportunity for the public to comment on CMS' intention
to collect information from the public. Under the Paperwork Reduction
Act of 1995 (the PRA), federal agencies are required to publish notice
in the Federal Register concerning each proposed collection of
information (including each proposed extension or reinstatement of an
existing collection of information) and to allow 60 days for public
comment on the proposed action. Interested persons are invited to send
comments regarding our burden estimates or any other aspect of this
collection of information, including the necessity and utility of the
proposed information collection 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.
[[Page 57150]]
DATES: Comments must be received by December 13, 2021.
ADDRESSES: When commenting, please reference the document identifier or
OMB control number. 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: Document Identifier/OMB
Control Number__: 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 website address at <a href="https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html</a>.
FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.
SUPPLEMENTARY INFORMATION:
Contents
This notice sets out a summary of the use and burden associated
with the following information collections. More detailed information
can be found in each collection's supporting statement and associated
materials (see ADDRESSES).
CMS-222-17 Independent Rural Health Clinic Cost Report
CMS-10142 Bid Pricing Tool (BPT) for Medicare Advantage (MA) Plans and
Prescription Drug Plans (PDP)
CMS-10552 Implementation of Medicare and Medicaid Programs;--Promoting
Interoperability Programs (Stage 3) (CMS-10552)
Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain
approval from the Office of Management 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. Section 3506(c)(2)(A) of the PRA requires federal agencies
to publish a 60-day notice in the Federal Register concerning each
proposed collection of information, including each proposed extension
or reinstatement of an existing collection of information, before
submitting the collection to OMB for approval. To comply with this
requirement, CMS is publishing this notice.
Information Collection
1. Type of Information Collection Request: Reinstatement without
change of a previously approved collection; Title of Information
Collection: Independent Rural Health Clinic Cost Report; Use: Under the
authority of sections 1815(a) and 1833(e) of the Social Security Act
(42 U.S.C. 1395g), CMS requires that providers of services
participating in the Medicare program submit information to determine
costs for health care services rendered to Medicare beneficiaries. CMS
requires that providers follow reasonable cost principles under
1861(v)(1)(A) of the Act when completing the Medicare cost report.
Regulations at 42 CFR 413.20 and 413.24 require that providers submit
acceptable cost reports on an annual basis and maintain sufficient
financial records and statistical data, capable of verification by
qualified auditors.
CMS requires Form CMS-222-17 to determine an RHC's reasonable costs
incurred in furnishing medical services to Medicare beneficiaries and
reimbursement due to or from an RHC. Each RHC submits the cost report
to its contractor for a reimbursement determination. Section 1874A of
the Act describes the functions of the contractor.
CMS regulations at 42 CFR 413.24(f)(4)(ii) requires that each RHC
submit an annual cost report to their contractor in American Standard
Code for Information Interchange (ASCII) electronic cost report (ECR)
format. RHCs submit the ECR file to contractors using a compact disk
(CD), flash drive, or the CMS approved Medicare Cost Report E-filing
(MCREF) portal, [URL: <a href="https://mcref.cms.gov">https://mcref.cms.gov</a>]. Form Number: CMS-222-17
(OMB control number: 0938-0107); Frequency: Yearly; Affected Public:
Private Sector, State, Local, or Tribal Governments, Federal
Government, Business or other for-profits, Not-for-profits
institutions; Number of Respondents: 1,724; Total Annual Responses:
1,724; Total Annual Hours: 94,820. (For policy questions regarding this
collection contact LuAnn Piccione at (410) 786-5423.
2. Type of Information Collection Request: Extension without change
of a currently approved collection; Title of Information Collection:
Bid Pricing Tool (BPT) for Medicare Advantage (MA) Plans and
Prescription Drug Plans (PDP); Use: This collection dates back to 2005.
Under the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (MMA), and implementing regulations at 42 CFR, Medicare
Advantage organizations (MAO) and Prescription Drug Plans (PDP) are
required to submit an actuarial pricing ``bid'' for each plan offered
to Medicare beneficiaries for approval by the Centers for Medicare &
Medicaid Services (CMS). MAOs and PDPs use the Bid Pricing Tool (BPT)
software to develop their actuarial pricing bid. The competitive
bidding process defined by the ``The Medicare Prescription Drug,
Improvement, and Modernization Act'' (MMA) applies to both the MA and
Part D programs. It is an annual process that encompasses the release
of the MA rate book in April, the bid's that plans submit to CMS in
June, and the release of the Part D and RPPO benchmarks, which
typically occurs in August. Form Number: CMS-10142 (OMB control number:
0938-0944); Frequency: Yearly; Affected Public: State, Local, or Tribal
Governments; Number of Respondents: 555; Total Annual Responses: 4,995;
Total Annual Hours: 149,850. (For policy questions regarding this
collection contact Rachel Shevland at 410-786-3026.)
3. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Implementation of
Medicare and Medicaid Programs;--Promoting Interoperability Programs
(Stage 3) (CMS-10552); Use: As discussed in the Final Rule published on
October 16, 2016 (80 FR 62762), the Centers for Medicare & Medicaid
Services (CMS) is requesting approval to collect information from
eligible hospitals and critical access hospitals (CAHs). We are making
further changes to this program as proposed in the FY 2022 Inpatient
Prospective Payment System (IPPS)/Long-term Care Hospital Prospective
Payment System (LTCH PPS) Proposed Rule (86 FR 25628), and as finalized
in the FY 2022 Inpatient Prospective Payment System (IPPS)/Long-term
Care Hospital Prospective Payment System (LTCH PPS) Final Rule (86 FR
45460).
The American Recovery and Reinvestment Act of 2009 (Recovery Act)
(Pub. L. 111-5) was enacted on February 17, 2009. Title IV of Division
B of the Recovery Act amended Titles XVIII and XIX of the Social
Security Act (the Act) by establishing incentive payments to eligible
professionals (EPs),
[[Page 57151]]
eligible hospitals and critical access hospitals (CAHs), and Medicare
Advantage (MA) organizations participating in the Medicare and Medicaid
programs that adopt and successfully demonstrate meaningful use of
certified EHR technology (CEHRT). These Recovery Act provisions,
together with Title XIII of Division A of the Recovery Act, may be
cited as the ``Health Information Technology for Economic and Clinical
Health Act'' or the ``HITECH Act.''
The HITECH Act created incentive programs for EPs and eligible
hospitals, including CAHs, in the Medicare Fee-for-Service (FFS), MA,
and Medicaid programs that successfully demonstrate meaningful use of
certified EHR technology. In their first payment year, Medicaid EPs and
eligible hospitals could adopt, implement, or upgrade to certified EHR
technology. It also allowed for negative payment adjustments in the
Medicare FFS and MA programs starting in 2015 for EPs, eligible
hospitals, and CAHs participating in Medicare that are not meaningful
users of CEHRT. The Medicaid Promoting Interoperability Program did not
authorize negative payment adjustments, but its participants were
eligible for positive incentive payments.
In CY 2017, we began collecting data from eligible hospitals and
CAHs to determine the application of the Medicare payment adjustments.
At this time, Medicare eligible professionals no longer reported to the
EHR Incentive Program, as they began reporting under the Merit-based
Incentive Payment System (MIPS). This information collected was also
used to make incentive payments to eligible hospitals and critical
access hospitals in Puerto Rico.
In the FY 2019 IPPS/LTCH PPS Final Rule (83 FR 41634), we focused
on reducing burden on eligible hospitals and CAHs. We finalized a new
scoring methodology for eligible hospitals and CAHs, removing the
requirement to report on and meet the threshold for all objectives and
measures. This approach required an eligible hospital or CAH to meet
the requirements on six measures, with scoring based on performance.
This approach reduced burden by decreasing the amount of time needed to
report on measures. Additionally, we finalized two new optional opioid
measures and one new care coordination measure to help address the
opioid epidemic and improve interoperability.
In the FY 2020 IPPS/LTCH Final Rule (84 FR 42591), we established
the EHR Reporting Period to be a minimum of any continuous 90-day
period in CY 2021 for new and returning participants (eligible
hospitals and CAHs) in the Medicare Promoting Interoperability Program
attesting to CMS, as well as finalizing the removal of the Electronic
Prescribing Objective's Verify Opioid Treatment Agreement measure
beginning with the EHR reporting period in CY 2020.
In the FY 2021 IPPS/LTCH PPS Final Rule (85 FR 58966), we are
finalizing as proposed changes that we believe will continue to be a
low reporting burden on eligible hospitals and CAHs in the Medicare
Promoting Interoperability Program while incentivizing the advanced use
of CEHRT to support health information exchange, interoperability,
advanced quality measurement, and maximizing clinical effectiveness and
efficiencies. These finalized changes include continuing an EHR
reporting period of a minimum of any continuous 90-day period in CY
2022, and maintaining the Query of PDMP measure as optional and worth 5
bonus points in CY 2021.
In the FY 2022 IPPS/LTCH PPS Proposed Rule (86 FR 25628), we
proposed changes that we believe will continue to be a low reporting
burden on eligible hospitals and CAHs in the Medicare Promoting
Interoperability Program while incentivizing the advanced use of CEHRT
to support health information exchange, interoperability, advance
quality measurement, and maximize clinical effectiveness and
efficiencies. The proposals include continuing an EHR reporting period
of a minimum of any continuous 90-day period in CY 2023, maintaining
the Query of PDMP measure as optional but worth 10 bonus points in CY
2022, the addition of a new Health Information Exchange Bi-Directional
Exchange measure beginning in CY 2022 as an optional alternative to the
two existing measures, a requirement of reporting 4 specific Public
Health and Clinical Data Exchange Objective measures, the inclusion of
a new SAFER Guides measure attestation response, and to adopt two new
eCQMs to the Medicare Promoting Interoperability Program's eCQM measure
set beginning with the reporting period in CY 2023 (in addition to
removing three eCQMs from the measure set beginning with the reporting
period in CY 2024, in alignment with the finalized changes to the
Hospital IQR Program. In the FY 2022 IPPS/LTCH PPS Final Rule (86 FR
45460 through 45498), we finalized these proposals. We did not finalize
a proposal to update the Provide Patients Electronic Access to their
Health Information measure to include a data retention requirement;
however, this proposal would not have affected our information
collection burden estimate.
We note the previously approved PRA package under OMB control
number 0938-1278 reflecting updates to information collection burden
estimates based on policies finalized in the FY 2021 IPPS/LTCH PPS
Final Rule include information collection burden estimates for 2021,
which is the last year for including Medicaid eligible providers,
eligible hospitals, and CAHs in the burden estimate as the Medicaid
Promoting Interoperability Program concludes December 31, 2021.
Therefore, this PRA request for information collection burden in 2022
does not include any burden under the Medicaid Promoting
Interoperability Program. Form Number: CMS-10552 (OMB control number:
0938-1278); Frequency: Annually; Affected Public: State, Local or
Private Government; Business and for-profit and Not-for-profit; Number
of Respondents: 3,300; Total Annual Responses: 3,300; Total Annual
Hours: 21,450. For policy questions regarding this collection, contact
Jessica Warren at 410-786-7519.)
Dated: October 8, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2021-22448 Filed 10-13-21; 8:45 am]
BILLING CODE 4120-01-P
</pre></body>
</html>Indexed from Federal Register on October 14, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.