Notice2023-04889
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
March 10, 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 47 (Friday, March 10, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15036-15037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04889]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-437A & CMS-437B and CMS-10836]
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 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 April 10, 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: Reinstatement with
change of a previously approved collection; Title of Information
Collection: Rehabilitation Unit and Hospital Criteria Worksheet; Use:
Inpatient Rehabilitation Facility (IRF) hospitals and units must
initially attest that they meet the Inpatient Prospective Payment
System (IPPS) exclusion criteria set forth at 42 CFR 412.20 to 412.29
prior to being placed into IPPS exempt status. Form CMS-437A must be
completed by IRF units and form CMS-437B must be completed by IRF
hospitals.
For first time verification requests for exclusion from the IPPS,
an IRF unit or hospital must notify the Regional Office (RO) servicing
the State in which it is located that it believes it meets the criteria
for exclusion from the IPPS. Currently, all new IRF units or hospitals
must provide written certification that
[[Page 15037]]
the inpatient population it intends to serve will meet the requirements
of the IPPS exclusion criteria for IRFs. The completed CMS-437A and
437B forms are submitted to the State Agency (SA) no later than 5
months before the date the IRF unit or hospital would become subject to
Inpatient Rehabilitation Facility Prospective Payment System (IRF-PPS).
For IRF units and hospitals already excluded from the IPPS, annual
onsite re-verification surveys by the SA are no longer required. IRF
units and hospitals must now re-attest to meeting the exclusion
criteria every 3 years thereafter.
IRF units and hospitals that have already been excluded need not
reapply for exclusion. These facilities will automatically be
reevaluated yearly to determine whether they continue to meet the
exclusion criteria. For the tri-annual re-verification, IRF units and
hospitals will be provided with a copy of the appropriate CMS-437
worksheet at least 5-months prior to the beginning of its cost
reporting period, so that the IRF unit or hospital official may
complete and sign an attestation statement and complete and return the
appropriate form CMS-437A or CMS-437B at least 5-months prior to the
beginning of the cost reporting period. However, Fiscal Intermediaries
(FIs) will continue to verify, on an annual basis, compliance with the
60 percent rule (42 CFR 412.29(b)(2)) for IRF units and hospitals
through a sample of medical records and the SA will verify the medical
director requirement.
The SA will notify the RO at least 60 days prior to the end of the
IRF unit's or hospital's cost reporting period of the status of
compliance or non-compliance with the payment requirements. The
information collected on the 437A and 437B forms, along with other
information submitted by the IRF is necessary for determining the IRF's
IPPS exclusion status. We have revised the CMS-437A and 437B forms so
that they more adequately reflect the regulatory requirements of Sec.
412.20 to Sec. 412.29. More specifically, we have updated the text in
the 3rd column of the form, which tells the facility what actions must
be taken and what information must be verified to receive IPPS excluded
status. Subsequent to publication of the 60-day Federal Register notice
(87 FR 48482) and notice extending the comment period for the 60-day
notice (87 FR 61333), the collection instrument was revised to correct
errors in the guidance and verification requirements sections of the
forms. Form Number: CMS-437A and CMS-437B (OMB control number: 0938-
0986); Frequency: tri-annually; Affected Public: Private sector
(Business or other for-profits); Number of Respondents: 497; Total
Annual Responses: 497; Total Annual Hours: 497. (For policy questions
regarding this collection contact Caroline Gallaher at 410-786-8705).
2. Type of Information Collection Request: New Collection; Title of
Information Collection: Medicare Plan Performance Warning Information;
Use: The Centers for Medicare & Medicaid Services (CMS) is seeking
approval to collect information to assist in the Agency's response to
two reports from the Department of Health and Human Services Office of
the Inspector General (OIG) related to how the agency conveys
information on plan performance.
CMS is conducting this research to respond to OIG's recommendations
related to sharing additional information with beneficiaries on plan
performance in a clear and accessible format, particularly related to
information which may warn or caution beneficiaries about plan
performance issues. CMS is seeking to learn more about how
beneficiaries, caregivers, and the intermediaries who assist them use
and understand the information CMS currently makes (or may make)
available, as well as to assess their interest in accessing this
information. Form number: CMS-10836 (OMB control number: 0938-New);
Frequency: Annually; Affected Public: Individuals and Households;
Number of Respondents: 288; Number of Responses: 288; Total Burden
Hours: 561 (For questions regarding this collection contact Elizabeth
Goldstein at 443 845-6993).
Dated: March 6, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2023-04889 Filed 3-9-23; 8:45 am]
BILLING CODE 4120-01-P
</pre></body>
</html>Indexed from Federal Register on March 10, 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.