Notice2022-05360
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
March 15, 2022
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
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<title>Federal Register, Volume 87 Issue 50 (Tuesday, March 15, 2022)</title>
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[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14536-14538]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05360]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10573 and CMS-10106]
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Centers for Medicare & Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
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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.
DATES: Comments must be received by May 16, 2022.
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 <a href="https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing</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-10573 Reform of Requirements for Long-Term Care Facilities
CMS-10106 Medicare Authorization to Disclose Personal Health
Information
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: Revision of a currently
approved collection; Title of Information Collection: Reform of
Requirements for Long-Term Care Facilities; Use: According to our data,
as of April 2, 2021, there were 15,372 LTC
[[Page 14537]]
facilities in the United States. These facilities are currently caring
for 1,290,290 residents. Since the number of LTC facilities and
residents varies yearly, for the purposes of this analysis, we utilized
estimates of 15,600 for LTC facilities and 1.3 million residents. LTC
facilities include skilled nursing facilities (SNFs) as defined in
section 1819(a) of the Social Security Act in the Medicare program and
nursing facilities (NFs) as defined in 1919(a) of the Act in the
Medicaid program. SNFs and NFs provide skilled nursing care and related
services for residents who require medical or nursing care, or
rehabilitation services for the rehabilitation of injured, disabled, or
sick persons. In addition, NFs provide health-related care and services
to individuals who because of their mental or physical condition
require care and services (above the level of room and board) which can
be made available to them only through institutional facilities, and is
not primarily for the care and treatment of mental diseases. SNFs and
NFs must care for their residents in such a manner and in such an
environment as will promote maintenance or enhancement of the quality
of life of each resident and must provide to residents services to
attain or maintain the highest practicable physical, mental, and
psychosocial well-being of each resident, in accordance with a written
plan of care, which describes the medical, nursing, and psychosocial
needs of the resident and how such needs will be met and is updated
periodically.
Under the authority of sections 1819 and 1919 of the Act, the
Secretary proposed to reform the requirements that SNFs and NFs must
meet to participate in the Medicare & Medicaid programs. These
requirements would be set forth in 42 CFR 483 subpart B as Requirements
for LTC Care Facilities. The requirements apply to an LTC facility as
an entity as well as the services furnished to each individual under
the care of the LTC facility, unless a requirement is specifically
limited to Medicare or to Medicaid beneficiaries. To implement these
requirements, State survey agencies generally conduct surveys of LTC
facilities to determine whether or not they are complying with the
requirements.
Ordinarily, we would be required to estimate the public reporting
burden for information collection requirements (ICRs) for these
regulations in accordance with chapter 35 of title 44, United States
Code. However, sections 4204(b) and 4214(d) of Omnibus Budget
Reconciliation Act of 1987, Public Law 100-203 (OBRA '87) provide for a
waiver of Paperwork Reduction Act (PRA) requirements for some
regulations. At the time that the 2016 LTC final rule (81 FR 68688)
published, we believed that this waiver still applied to those updates
we made to existing requirements in part 483 subpart B that were set
forth by OBRA 87. However, we acknowledged that the 2016 final rule
also extensively revised many of the existing requirements in part 483
subpart B and recognized that the revisions likely created new burdens
for facilities. In addition, we noted that the 2016 final rule
implemented several new requirements set forth by the Affordable Care
Act, which were not included in the PRA waiver. Therefore, we provided
burden estimates for the new ICRs finalized in the 2016 LTC final rule
set forth by the Affordable Care Act, as well as those revisions to
existing requirements in part 483 subpart B that were so extensive they
could be considered new ICRs in concept. For the current or 2022
information collection request (ICR), we have provided updates to the
burden in the 2019 ICR, as well as provided burden estimates for all of
the new ICs finalized since 2016 that were in effect as of May 2021.
The ICRs and the rules they were finalized in are indicated in table
below.
ICRs Associated With Each Rule
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Rule name and publication date FR citation ICRs
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Medicare and Medicaid Programs; 81 FR 68688......... All ICRs, except
Reform of Requirements for as noted below.
Long-Term Care Facilities;
Final rule (CMS-3260-F)
Published October 4, 2016.
Medicare and Medicaid Programs, 85 FR 54820......... Section
Clinical Laboratory 483.80(h)--COVID
Improvement Amendments (CLIA), -19 Testing.
and Patient Protection and
Affordable Care Act;
Additional Policy and
Regulatory Revisions in
Response to the COVID-19
Public Health Emergency; IFC
(CMS-3401-IFC) Published
September 2, 2020.
Medicare and Medicaid Programs; 86 FR 26306......... Sections
COVID-19 Vaccine Requirements 483.80(d)(3)--CO
for Long Term Care (LTC) VID-19
Facilities and Intermediate immunizations
Care Facilities for and (g)(1)(viii)-
Individuals with Intellectual (x).
Disabilities (ICFs-IID)
Residents, Clients, and
Staff); IFC (CMS-3414-IFC)
(May 2021 Vaccination IFC)
Published May 13, 2021.
Medicare and Medicaid Programs: 86 FR 62240......... Section
CY 2022 Home Health 483.80(g).
Prospective Payment System
Rate Update; Home Health Value-
Based Purchasing Model
Requirements and Model
Expansion; Home Health and
Other Quality Reporting
Program Requirements; Home
Infusion Therapy Services
Requirements; Survey and
Enforcement Requirements for
Hospice Programs; Medicare
Provider Enrollment
Requirements; and COVID-19
Reporting Requirements for
Long-Term Care Facilities (86
FR 62240) (CMS-1747-F and CMS-
5531-F). Published November 9,
2021.
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The primary users of this information will be State agency
surveyors, CMS, and the LTC facilities for the purposes of ensuring
compliance with Medicare and Medicaid requirements as well as ensuring
the quality of care provided to LTC facility residents. The ICs
specified in the regulations may be used as a basis for determining
whether a LTC is meeting the requirements to participate in the
Medicare program. In addition, the information collected for purposes
of ensuring compliance may be used to inform the data provided on CMS'
Nursing Home Compare website and as such used by the public in
considering nursing home selections for services. Form Number: CMS-
10573 (OMB control number: 0938-1363); Frequency: Occasionally;
Affected Public: Private Sector: Business or other for-profit and not-
for-profit institutions; Number of Respondents: 15,600; Total Annual
Responses: 18,658,854; Total Annual Hours: 29,935,899. (For policy
questions regarding this collection contact Diane Corning at 410-786-
8486.)
2. Type of Information Collection Request: Reinstatement without
change of a previously approved collection; Title of Information
Collection: Medicare Authorization to Disclose Personal Health
Information; Use: The ``Medicare Authorization to Disclose Personal
Health Information'' will be used by Medicare beneficiaries to
authorize Medicare to disclose their protected health information to a
third
[[Page 14538]]
party. Medicare beneficiaries can submit the Medicare Authorization to
Disclose Personal Health Information electronically at <a href="http://Medicare.gov">Medicare.gov</a>.
Beneficiaries may also submit the Medicare Authorization to Disclose
Personal Health Information by mailing a complete and valid
authorization form to Medicare. Beneficiaries can submit the Medicare
Authorization to Disclose Personal Health Information verbally over the
phone by calling Medicare. Form Number: CMS-10106 (OMB control number:
0938-0930); Frequency: Occasionally; Affected Public: Individuals or
households; Number of Respondents: 1,000,000; Total Annual Responses:
1,000,000; Total Annual Hours: 250,000. (For policy questions regarding
this collection contact Sam Jenkins at 410-786-3261.)
Dated: March 9, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2022-05360 Filed 3-14-22; 8:45 am]
BILLING CODE P
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