Notice2023-04711
Agency Information Collection Activities: Proposed Collection: Public Comment Request Information Collection Request Title: Application for Federally Supported Health Centers Assistance Act/Federal Tort Claims Act Particularized Determination of Coverage
Primary source
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Published
March 8, 2023
Issuing agencies
Health and Human Services DepartmentHealth Resources and Services Administration
Abstract
In compliance with the requirement for opportunity for public comment on proposed data collection projects of the Paperwork Reduction Act of 1995, HRSA announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.
Full Text
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<title>Federal Register, Volume 88 Issue 45 (Wednesday, March 8, 2023)</title>
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[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14377-14378]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04711]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
[OMB No. 0906-00XX-New]
Agency Information Collection Activities: Proposed Collection:
Public Comment Request Information Collection Request Title:
Application for Federally Supported Health Centers Assistance Act/
Federal Tort Claims Act Particularized Determination of Coverage
AGENCY: Health Resources and Services Administration (HRSA), Department
of Health and Human Services.
ACTION: Notice.
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SUMMARY: In compliance with the requirement for opportunity for public
comment on proposed data collection projects of the Paperwork Reduction
Act of 1995, HRSA announces plans to submit an Information Collection
Request (ICR), described below, to the Office of Management and Budget
(OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the
public regarding the burden estimate, below, or any other aspect of the
ICR.
DATES: Comments on this ICR must be received no later than May 8, 2023.
ADDRESSES: Submit your comments to <a href="/cdn-cgi/l/email-protection#621203120710150d1009220a1011034c050d14"><span class="__cf_email__" data-cfemail="423223322730352d3029022a3031236c252d34">[email protected]</span></a> or by mail at:
the HRSA Information Collection Clearance Officer, Room 10-29, Parklawn
Building, 5600 Fishers Lane, Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: To request more information on the
proposed project or to obtain a copy of the data collection plans and
draft instruments, email <a href="/cdn-cgi/l/email-protection#215140514453564e534a61495352400f464e57"><span class="__cf_email__" data-cfemail="88f8e9f8edfaffe7fae3c8e0fafbe9a6efe7fe">[email protected]</span></a> or call Samantha Miller,
the HRSA Information Collection Clearance Officer, at 301-594-4394.
SUPPLEMENTARY INFORMATION: When submitting comments or requesting
information, please include the ICR title for reference.
Information Collection Request Title: Application for Federally
Supported Health Centers Assistance Act/Federal Tort Claims Act
Particularized Determination of Coverage. OMB No. 0906-00XX-New
Abstract: Section 224(g)-(n) of the Public Health Service (PHS) Act
(42 U.S.C. 233(g)-(n)), as amended, authorizes the Secretary to
``deem'' entities receiving funds under section 330 of the PHS Act
(HRSA's Health Center Program) as PHS employees for the purposes of
establishing eligibility for liability protections under Federally
Supported Health Centers Assistance Act (FSHCAA), including Federal
Tort Claims Act (FTCA) coverage, for covered activities and
individuals. Health centers submit deeming applications annually to
HRSA's Bureau of Primary Health Care, which administers the Health
Center Program and the Health Center FTCA Program, in the prescribed
form and manner to obtain deemed PHS employee status for this purpose.
FSHCAA and 42 CFR 6.6(d) authorize FTCA coverage for the provision
of medical services to non-health center patients in certain
situations. Section 224(g)(1)(C) of the PHS Act and 42 CFR 6.6(d)
explain the criteria by which the Secretary will determine whether
FSHCAA's liability protections, including FTCA coverage, will extend to
the provision of medical care to individuals who are not patients of
the health center. 42 CFR 6.6(e) identifies examples that are
approvable for FTCA coverage under 42 CFR 6.6(d) and section
224(g)(1)(B)(ii) of the PHS Act if there is compliance with all other
coverage requirements under FSHCAA. 42 CFR 6.6(e)(4) provides examples
of specific activities that the Department has determined are eligible
for FSCHAA's liability protections, including FTCA coverage, without
the need for a specific application for a coverage determination. As
indicated in 42 CFR 6.6(e)(4), if any element of an activity or
arrangement does not fit squarely into the examples listed in 42 CFR
6.6(e), the covered entity should request a particularized
determination of coverage. Acts and omissions related to services
provided to individuals who are not patients of a covered entity that
do not fit squarely within the examples in 42 CFR 6.6(e)(4) will be
covered only if the Secretary makes a coverage determination under 42
CFR 6.6(d).
The FTCA Program uses a web-based application system within HRSA's
Electronic Handbooks (EHBs) system for deeming applications. These
electronic application forms decrease the time and effort required to
complete the older, paper-based approved deeming application forms.
HRSA is proposing a new paper application that will be transitioned
into an electronic application within the EHB system for Particularized
Determinations (PD). PDs extend liability protections under FSCHAA,
including FTCA coverage, for certain medical services provided to
individuals who are not patients of a covered entity. This application
will help ensure health centers provide all the necessary information
required to make determinations appropriately and efficiently in
response to their requests. By including the application within the
EHBs, health centers will have access to all information from prior
applications and have that information readily available if making
future requests. The paper form of the application is an interim
solution to support health centers until the electronic application
becomes available in the FTCA module of the EHBs. After the electronic
application is available in the EHBs, all PD requests will be submitted
electronically, and the paper application will no longer be used for
submissions.
Need and Proposed Use of the Information: PDs of coverage
applications are provided in compliance with 42 CFR 6.6 and must
address certain specified criteria for coverage determinations to be
issued. The application provides the Bureau of Primary Health Care with
the information that is essential for evaluation of compliance with
legal requirements and making a deeming determination of coverage under
42 CFR 6.6.
Likely Respondents: Respondents include recipients of Health Center
Program funds with deemed PHS employee status under Section 224(g)-(n)
of the PHS Act (42 U.S.C. 233(g)-(n)).
Burden Statement: Burden in this context means the time expended by
persons to generate, maintain, retain, disclose, or provide the
information requested. This includes the time needed to review
instructions; to develop, acquire, install, and utilize technology and
systems for the purpose of collecting, validating, verifying,
processing, maintaining, disclosing, and providing information; to
train personnel and to be able to respond to a collection of
information; to search data sources; to complete and review the
collection of information; and to transmit or otherwise disclose the
information. The total annual burden hours estimated for this ICR is
summarized in the table below.
[[Page 14378]]
Total Estimated Annualized Burden Hours
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Number of Average burden
Form name Number of responses per Total per response Total burden
respondents respondent responses (in hours) hours
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Application for Federally 12 1 12 2 24
Supported Health Center
Assistance Act (FSHCAA)/Federal
Tort Claims Act (FTCA)
Particularized Determination...
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Total....................... 12 1 12 2 24
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HRSA specifically requests comments on: (1) the necessity and
utility of the proposed information collection for the proper
performance of the agency's functions; (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.
Maria G. Button,
Director, Executive Secretariat.
[FR Doc. 2023-04711 Filed 3-7-23; 8:45 am]
BILLING CODE 4165-15-P
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