Notice2023-02579
Agency Information Collection Activities: Submission for OMB Review; 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
February 7, 2023
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 (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 a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate 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 88 Issue 25 (Tuesday, February 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7974-7976]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02579]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers CMS-R-262, CMS-R-282, CMS-10227, CMS-10609 and
CMS-10731]
Agency Information Collection Activities: Submission for OMB
Review; 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 (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 a second opportunity
for public comment on the notice. Interested persons are invited to
send comments regarding the burden estimate 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
[[Page 7975]]
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 on the collection(s) of information must be received by
the OMB desk officer by March 9, 2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
To obtain copies of a supporting statement and any related forms
for the proposed collection(s) summarized in this notice, please access
the CMS PRA website by copying and pasting the following web address
into your web browser: <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 Parham at (410) 786-4669.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(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 (44 U.S.C. 3506(c)(2)(A)) requires
federal agencies to publish a 30-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 that
summarizes the following proposed collection(s) of information for
public comment:
1. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: CMS Plan Benefit
Package (PBP) and Formulary CY 2024; Use: Under the Medicare
Modernization Act (MMA), Medicare Advantage (MA) and Prescription Drug
Plan (PDP) organizations are required to submit plan benefit packages
for all Medicare beneficiaries residing in their service area. The plan
benefit package submission consists of the Plan Benefit Package (PBP)
software, formulary file, and supporting documentation, as necessary.
MA and PDP organizations use the PBP software to describe their
organization's plan benefit packages, including information on
premiums, cost sharing, authorization rules, and supplemental benefits.
They also generate a formulary to describe their list of drugs,
including information on prior authorization, step therapy, tiering,
and quantity limits.
CMS requires that MA and PDP organizations submit a completed PBP
and formulary as part of the annual bidding process. During this
process, organizations prepare their proposed plan benefit packages for
the upcoming contract year and submit them to CMS for review and
approval. CMS uses this data to review and approve the benefit packages
that the plans will offer to Medicare beneficiaries. This allows CMS to
review the benefit packages in a consistent way across all submitted
bids during with incredibly tight timeframes. This data is also used to
populate data on Medicare Plan Finder, which allows beneficiaries to
access and compare Medicare Advantage and Prescription Drug plans. Form
Number: CMS-R-262 (OMB control number: 0938-0763); Frequency: Yearly;
Affected Public: Private Sector, Business or other for-profits, Not-
for-profits institutions; Number of Respondents: 839; Total Annual
Responses: 8,932; Total Annual Hours: 57,126. (For policy questions
regarding this collection contact Kristy Holtje, at 410-786-2209.)
2. Type of Information Collection Request: Extension with no change
of a currently approved collection; Title of Information Collection:
Medicare Advantage Appeals and Grievance Data Form; Use: Part 422 of
Title 42 of the Code of Federal Regulations (CFR) distinguishes between
certain information a Medicare Advantage (MA) organization must provide
to each enrollee (on an annual basis) and information that the MA
organization must disclose to any MA eligible individual (upon
request). This requirement can be found in Sec. 1852(c)(2)(C) of the
Social Security Act and in 42 CFR 422.111(c)(3) which states that MA
organizations must disclose information pertaining to the number of
disputes, and their disposition in the aggregate, with the categories
of grievances and appeals, to any individual eligible to elect an MA
organization who requests this information.
The appeals and grievance data form is an OMB approved form for use
by Medicare Advantage organizations to disclose grievance and appeal
data, upon request, to individuals eligible to elect an MA
organization. By utilizing the form, MA organizations will meet the
disclosure requirements set forth in regulations at 42 CFR
422.111(c)(3). Form Number: CMS-R-282 (OMB control number: 0938-0778);
Frequency: Yearly; Affected Public: State, Local, or Tribal
Governments; Number of Respondents: 949; Total Annual Responses:
63,740; Total Annual Hours: 5,964. (For policy questions regarding this
collection contact Sabrina Edmonston at 410-786-3209.)
3. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: PACE State Plan
Amendment Preprint; Use: If a state elects to offer PACE as an optional
Medicaid benefit, it must complete a state plan amendment preprint
packet described as ``Enclosures 3, 4, 5, 6, and 7.'' CMS will review
the information provided in order to determine if the state has
properly elected to cover PACE services as a state plan option. In the
event that the state changes something in the state plan, only the
affected page must be updated. Form Number: CMS-10227 (OMB control
number: 0938-1027); Frequency: Once and occasionally; Affected Public:
State, Local, or Tribal Governments; Number of Respondents: 7; Total
Annual Responses: 2; Total Annual Hours: 140. (For policy questions
regarding this collection contact Angela Cimino at 410-786-2638.)
4. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Medicaid Program
Face-to-Face Requirements for Home Health Services and Supporting
Regulations; Use: Physicians (or for medical equipment, authorized non-
physician practitioners (NPPs) including nurse practitioners, clinical
nurse specialists and physician assistants) must document that there
was a face-to-face encounter with the Medicaid beneficiary prior to the
physician making a certification that home health services are
required. The burden associated with this requirement is the time and
effort to complete this documentation. The burden also includes
writing, typing, or dictating the face-to-face documentation and
signing/dating the documentation.
Section 3708 of the Coronavirus Aid, Relief, and Economic Security
(CARES) Act permits nurse practitioners (NPs), clinical nurse
specialists (CNSs), and
[[Page 7976]]
physician assistants (PAs) to certify the need for home health services
and to order services in the Medicare and Medicaid programs. As such,
under CMS-5531-IFC, CMS amended 42 CFR 440.70 to remove the requirement
that the NPPs have to communicate the clinical finding of the face-to-
face encounter to the ordering physician. With expanding authority to
order home health services, the CARES Act also provided that such
practitioners are now capable of independently performing the face-to-
face encounter for the patient for whom they are the ordering
practitioner, in accordance with state law. Form Number: CMS-10609 (OMB
control number: 0938-1319); Frequency: Occasionally; Affected Public:
Private sector (business or other for-profits); Number of Respondents:
381,148; Total Annual Responses: 1,143,443; Total Annual Hours:
190,955. (For policy questions regarding this collection contact
Alexandra Eitel at 410-786-0790.)
5. Type of Information Collection Request: New collection (Request
for a new OMB control number); Title of Information Collection: Generic
Clearance for CMS and Medicare Administrative Contractor (MAC) Generic
Customer Experience; Use: The Centers for Medicare & Medicaid Services
(CMS) is requesting approval to collect generic feedback from
respondents including, but not limited to Medicare providers, Medicare
suppliers, provider or supplier staff, billers, credentialing agencies,
researchers, clearinghouses, consultants, and attorneys. These surveys
will give us insights into customers' perceptions and opinions and will
be used to improve customer experiences and communications materials;
however, the results will not be generalized to the population of
study.
Improving agency programs requires ongoing systemic review of
service delivery and program operations compared to defined standards.
We'll use multiple methods to collect, analyze, and interpret
information from this generic clearance to find the strengths and
weaknesses of our current services. We'll use this feedback to inform
process improvements or maintain service quality offered to providers
and stakeholders. Form Number: CMS-10731 (OMB control number: 0938-
New); Frequency: Occasionally; Affected Public: Private sector
(business or other for-profits); Number of Respondents: 997,100; Total
Annual Responses: 997,100; Total Annual Hours: 50,000. (For policy
questions regarding this collection contact Alyssa Schaub-Rimel at 410-
786-4660.)
Dated: February 2, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory.
[FR Doc. 2023-02579 Filed 2-6-23; 8:45 am]
BILLING CODE 4120-01-P
</pre></body>
</html>Indexed from Federal Register on February 7, 2023.
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.