Notice2023-04858
Freedom of Information Act Predisclosure Notice
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 9, 2023
Issuing agencies
Health and Human Services DepartmentHealth Resources and Services Administration
Abstract
This notice informs submitters who reported COVID-19 data in 2020 for the High-Impact Area Distribution that HRSA received a Freedom of Information Act (FOIA) request for data reported to HHS that was used in determining COVID-19 High-Impact Area Distribution payments under the Provider Relief Fund. Specifically, the request seeks certain information pertaining to providers who did not receive COVID-19 High- Impact Area Distribution payments. This notice seeks input from these providers so that HRSA can respond to the FOIA request.
Full Text
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<title>Federal Register, Volume 88 Issue 46 (Thursday, March 9, 2023)</title>
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[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14627-14628]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04858]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Freedom of Information Act Predisclosure Notice
AGENCY: Health Resources and Services Administration (HRSA), Department
of Health and Human Services (HHS).
ACTION: Request for comment.
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SUMMARY: This notice informs submitters who reported COVID-19 data in
2020 for the High-Impact Area Distribution that HRSA received a Freedom
of Information Act (FOIA) request for data reported to HHS that was
used in determining COVID-19 High-Impact Area Distribution payments
under the Provider Relief Fund. Specifically, the request seeks certain
information pertaining to providers who did not receive COVID-19 High-
Impact Area Distribution payments. This notice seeks input from these
providers so that HRSA can respond to the FOIA request.
DATES: Comments must be received on or before March 23, 2023.
ADDRESSES: Comments should be submitted to the HRSA FOIA Office via
email at <a href="/cdn-cgi/l/email-protection#cea6a1babdbea1babeaaa08ea6bcbdafe0a9a1b8"><span class="__cf_email__" data-cfemail="afc7c0dbdcdfc0dbdfcbc1efc7dddcce81c8c0d9">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brian A. May, FOIA Officer, 5600
Fishers Lane, Room 13N112, Rockville, Maryland 20857; 301-443-1467,
<a href="/cdn-cgi/l/email-protection#d5bdbaa1a6a5baa1a5b1bb95bda7a6b4fbb2baa3"><span class="__cf_email__" data-cfemail="9af2f5eee9eaf5eeeafef4daf2e8e9fbb4fdf5ec">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The FOIA, 5 U.S.C. 552, compels federal
agencies to release records in its possession, unless the agency
reasonably foresees that disclosure would harm an interested protected
by one (or more) of the nine exemptions or disclosure is prohibited by
law. FOIA also requires that agencies provide FOIA requesters with
reasonably segregated portions of records, which means that agencies
must release any portion of the records where an exemption does not
apply, unless technically unable to reasonably do so.
Explanation of the Action
The HRSA FOIA Office received a FOIA request for data reported to
HHS in 2020 that was used in determining COVID-19 High-Impact Area
Distribution payments under the Provider Relief Fund. HHS made the
first round of COVID-19 High Impact Area Distribution payments to 395
hospitals that reported they had 100 or more COVID-19 admissions during
the period of January 1, 2020. and April 10, 2020. HHS did not make
payments to hospitals that reported they had fewer than 100 COVID-19
admissions during the period of January 1, 2020, and April 10, 2020.
The FOIA request specifically seeks data on the hospitals that reported
they had fewer than 100 COVID-19 admissions during the period of
January 1, 2020, and April 10, 2020, and therefore, did not receive a
payment in the first round of the COVID-19 High Impact Area
Distribution.
This notice only applies to hospitals that reported in the first
round of reporting to HHS that they had fewer than 100 COVID-19
admissions during the period of January 1, 2020, and April 10, 2020,
and, as a result, did not receive a payment in round 1 of the COVID-19
High-Impact Area Distribution. Comments from any entity that does not
satisfy these conditions will not be reviewed.
Necessity of the Action
Executive Order No. 12600, 52 FR 23781 (1987), and the HHS FOIA
regulations at 45 CFR 5.42(a) require HRSA coordinate predisclosure
notifications for records that were
[[Page 14628]]
submitted to HHS, for which HRSA was deemed a custodian of the
requested data given HRSA's oversight of the Provider Relief Fund. HRSA
has reason to believe that information in the records could reasonably
be considered confidential commercial information and exempt from
disclosure under FOIA Exemption 4. FOIA Exemption 4 allows agencies to
withhold trade secrets and commercial or financial information obtained
from a person (business entities including hospitals are considered
people under the FOIA) and is privileged or confidential. Both the
Executive Order and HHS FOIA regulations permit agencies to notify a
voluminous number of submitters by posting or publishing a notice in a
place where the submitters are reasonably likely to become aware of it.
See Executive Order 12600 or 45 CFR 5.42(a)(1). This notice satisfies
this requirement. Additionally, HRSA will send predisclosure notices
directly to hospitals for whom HRSA has contact information.
HRSA determined that, for those hospitals that did not receive a
payment in the first round of the COVID-19 High Impact Area
Distribution, the following responsive data could reasonably be
considered confidential commercial information and exempt from
disclosure under FOIA Exemption 4:
(1) number of COVID-19 admissions; and
(2) intensive care unit hospital beds for each facility (and
associated Centers for Medicare & Medicaid Services' Certification
Number (CCN))
HRSA must analyze the releasability of the data prior to making a
release decision. Because organizations submitted data to HHS that was
identified in the FOIA request, HRSA is notifying submitters of their
full rights through this predisclosure notice. HHS's FOIA regulations
provide affected entities with 10 working days from the date of this
notice to object to disclosure of part or all of the information
contained in these records.
A person who submits records to the government may designate part
or all of the information in such records that they may consider exempt
from disclosure under Exemption 4 of the FOIA. The designation must be
in writing. See 45 CFR 5.41.
So that HRSA can determine how providers actually and customarily
treat the disclosure of these data, please respond to the following
questions with respect to the (1) number of COVID-19 admissions and (2)
intensive care unit hospital beds for each facility (and associated
CCN) and send your organization's response to <a href="/cdn-cgi/l/email-protection#9ff7f0ebeceff0ebeffbf1dff7edecfeb1f8f0e9"><span class="__cf_email__" data-cfemail="4921263d3a39263d392d2709213b3a28672e263f">[email protected]</span></a> in
the timeframe referenced in the dates section of this notice. Please
include your organization's CCN and facility name in your response to
ensure that it is attributed correctly.
(1) Do you customarily keep the requested information private or
closely held? What steps have you taken to protect the confidentiality
of the requested data, and to whom has it been disclosed?
(2) What facts support your belief that this information is
commercial or financial in nature?
(3) Did the government provide you with an express or implied
assurance of confidentiality when you shared the information with the
government? If so, please explain.
(4) Were there express or implied indications at the time the
information was submitted that the government would publicly disclose
the information? If so, please explain.
(5) How would disclosure of this information harm an interest
protected by Exemption 4 (such as by causing foreseeable harm to your
economic or business interests)?
Intended Effects of the Action
In the event that a submitter fails to respond to the notice within
the time specified, it will be considered to have no objection to
disclosure of the information. Submitted objections will be given the
appropriate consideration; however, responses are not an agreement that
HRSA will withhold the information. If HRSA decides to release the
information over objection, HRSA will inform submitters, in writing,
along with HRSA's reasons for the decision to release. HRSA will
include with such notice a description of the information to be
disclosed or copies of the records as HRSA intends to release them.
HRSA will also provide submitters with a specific date that HRSA
intends to disclose the records, which must be at least 5 working days
after the date of the intent to release notice. HRSA will not consider
any information received after the date of a disclosure decision.
Maria G. Button,
Director, Executive Secretariat.
[FR Doc. 2023-04858 Filed 3-8-23; 8:45 am]
BILLING CODE 4165-15-P
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