Notice2023-09400

Agency Information Collection Activities: Submission for OMB Review; Comment Request

Primary source

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Published
May 4, 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

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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28554-28556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09400]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-855A, CMS-R-246 and CMS-10823]


Agency Information Collection Activities: Submission for OMB 
Review; 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 (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

[[Page 28555]]

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 June 5, 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: Medicare Enrollment Application for Institutional 
Providers; Use: The primary function of the CMS-855A Medicare 
enrollment application is to gather information from a certified 
provider or certified supplier (hereafter occasionally and collectively 
referenced as ``provider(s)'') that tells us who it is, whether it 
meets certain qualifications to be a health care provider, where it 
practices or renders services, the identity of its owners, and other 
information necessary to establish correct claims payments. This 
collection of information reinstatement request is associated in part 
with our December 28, 2020 (85 FR 84472) final rule (CMS-1734-F, RIN 
0938-AU10). The collection of information changes stemming from this 
final rule were approved by OMB on September 28, 2021 (ICR Reference 
No.: 202103-0938-010).
    Existing Sec.  424.67 outlines a number of enrollment requirements 
for opioid treatment programs (OTPs). One requirement, addressed in 
Sec.  424.67(b)(1)(i), is that OTPs must maintain and submit to CMS a 
list of all physicians, other eligible professionals, and pharmacists 
who are legally authorized to prescribe, order, or dispense controlled 
substances on the OTP's behalf; the list must include the person's 
first and last name and middle initial, social security number, 
National Provider Identifier, and license number (if applicable). This 
reinstatement request will add these data elements to the CMS-855A, 
which OTPs must complete if they wish to bill for OTP services via an 
institutional claim form (specifically, the 837I).
    On November 23, 2022, CMS published in the Federal Register a final 
rule with comment period rule titled ``Medicare Program: Hospital 
Outpatient Prospective Payment and Ambulatory Surgical Center Payment 
Systems and Quality Reporting Programs; Organ Acquisition; Rural 
Emergency Hospitals: Payment Policies, Conditions of Participation, 
Provider Enrollment, Physician Self-Referral; New Service Category for 
Hospital Outpatient Department Prior Authorization Process; Overall 
Hospital Quality Star Rating; COVID-19'' (CMS-1772-FC) (87 FR 71748). 
This final rule with comment period outlined requirements that rural 
emergency hospitals (REHs)--a new Medicare provider type established 
pursuant to Section 125 of Division CC of the Consolidated 
Appropriations Act, 2021--must meet in order to bill Medicare for REH 
services; in accordance with new section 1861(kkk) of the Social 
Security Act, a facility is eligible to convert to an REH if it was a 
critical access hospital (CAH) or rural hospital with less than 50 beds 
as of December 27, 2020. CMS-1772-FC's REH requirements include those 
necessary to enroll as an REH. The most pertinent of these is that a 
CAH or rural hospital seeking REH enrollment submits a CMS-855A change 
of information application and need not submit a full, initial CMS-855A 
application. This reinstatement request will address the expected REH 
burden associated with completing these CMS-855A changes of 
information.
    As part of this request, and as described in the supporting 
statement, we also seek approval for additional changes to the CMS-
855A. These changes principally (though not exclusively) involve the 
collection of information related to the provider's ownership.
    Form Number: CMS-855A (OMB control number: 0938-0685); Frequency: 
On occasion; Affected Public: Business or other for-profits, not-for-
profit institutions; Number of Respondents: 1,340; Total Annual 
Responses: 5,881; Total Annual Hours: 72,147. (For policy questions 
regarding this collection contact Frank Whelan at 410-786-1302.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicare 
Advantage, Medicare Part D, and Medicare Fee-For-Service Consumer 
Assessment of Healthcare Providers and Systems (CAHPS) Survey; Use: CMS 
is required to collect and report information on the quality of health 
care services and prescription drug coverage available to persons 
enrolled in a Medicare health or prescription drug plan under 
provisions in the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (MMA). Specifically, the MMA under Sec. 
1860D-4 (Information to Facilitate Enrollment) requires CMS to conduct 
consumer satisfaction surveys regarding Medicare prescription drug 
plans and Medicare Advantage plans and report this information to 
Medicare beneficiaries prior to the Medicare annual enrollment period. 
The Medicare CAHPS survey meets the requirement of collecting and 
publicly reporting consumer satisfaction information. The Balanced 
Budget Act of 1997 also requires the collection of information about 
fee-for-service plans.
    The primary purpose of the Medicare CAHPS surveys is to provide 
information to Medicare beneficiaries to help them make more informed 
choices among health and prescription drug plans available to them. 
Survey results are reported by CMS in the Medicare &

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You Handbook published each fall and on the Medicare Plan Finder 
website. Beneficiaries can compare CAHPS scores for each health and 
drug plan as well as compare MA and FFS scores when making enrollment 
decisions. The Medicare CAHPS also provides data to help CMS and others 
monitor the quality and performance of Medicare health and prescription 
drug plans and identify areas to improve the quality of care and 
services provided to enrollees of these plans. CAHPS data are included 
in the Medicare Part C & D Star Ratings and used to calculate MA 
Quality Bonus Payments. Form Number: CMS-R-246 (OMB control number: 
0938-0732); Frequency: Yearly; Affected Public: Individuals and 
Households; Number of Respondents: 794,500; Total Annual Responses: 
794,500; Total Annual Hours: 192,265. (For policy questions regarding 
this collection contact Lauren Fuentes at 410-786-2290).
    3. Type of Information Collection Request: New collection (Request 
for new OMB control number); Title of Information Collection: End-stage 
Renal Disease (ESRD) Quality Incentive Program (QIP): Study of Quality 
and Patient Experience; Use: The Centers for Medicare & Medicaid 
Services (CMS) oversees the quality of care provided by dialysis 
facilities by administering the Quality Incentive Program (QIP). As 
part of the evaluation of this program, CMS seeks to gain a deeper 
understanding of emerging trends observed across the dialysis landscape 
by conducting qualitative data collection and analysis. These primary 
qualitative data collection activities seek to answer the following 
research questions related to dialysis quality, access to care, health 
equity, and quality of life:
    1. What aspects of patient dialysis care do patients report as a 
priority?
    2. How, if at all, do dialysis facilities evaluate the quality of 
care they provide?
    3. What strategies do providers and dialysis facilities use to 
improve access to care for underserved populations?
    4. What do patients, providers, and stakeholder organizations 
believe contributes to high quality of life for patients with ESRD? Do 
perceptions vary by respondent type or respondent characteristics?
    5. How do dialysis facilities measure patient satisfaction and 
quality of life?
    6. How do dialysis providers and stakeholder organizations think 
quality of life for dialysis patients has changed over time? What was 
the impetus for that change?
    We are requesting to collect information through in depth 
interviews with stakeholders of the CMS end-stage renal disease (ESRD) 
Quality Incentive Program (QIP). The interviews will collect data from 
individuals with ESRD, dialysis facility administrators, dialysis 
social workers, transplant center administrators, corporate 
representatives from dialysis organizations, and patient advocacy 
organizations.
    This data collection seeks to answer several research questions 
specific to health outcomes for dialysis patients, as measured by the 
QIP, that are not available through current literature or secondary 
data collection. In preparation for this study, the evaluation team 
conducted a scan of peer-reviewed literature and document review of 
previous ESRD QIP monitoring and evaluation reports and policy 
documents describing CMS priorities. Based on the results from this 
scan, the study team identified persistent knowledge gaps and 
opportunities for primary data collection. Drawing on high-quality 
data, empirical rigor, and knowledge of nonprogrammatic factors, the 
evaluation will benefit CMS by providing data-driven findings and 
recommendations to improve patient care, reduce health disparities, and 
promote health equity.
    This primary data collection will allow CMS to more comprehensively 
understand the data being compiled and analyzed quantitatively and will 
provide more context related to dialysis quality, quality of life of 
individuals with ESRD, access to dialysis care, and the patient 
experience, which are current CMS priorities. Form Number: CMS-10823 
(OMB control number: 0938-NEW); Frequency: Once; Affected Public: 
Private Sector (Business or other for-profits, Not-for-Profit 
Institutions), Individuals and Households; Number of Respondents: 
1,945; Total Annual Responses: 1,945; Total Annual Hours: 604. (For 
policy questions regarding this collection contact Christopher King at 
(410) 786-6972).

    Dated: April 28, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-09400 Filed 5-3-23; 8:45 am]
BILLING CODE 4120-01-P


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Indexed from Federal Register on May 4, 2023.

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