Notice2023-27362
Agency Information Collection Activities: Proposed Collection: Public Comment Request; Information Collection Request Title: Applications for Deemed Public Health Service Employment With Liability Protections Under the Federal Tort Claims Act for Health Centers, Deemed Health Center Volunteers, and Free Clinic Sponsored Individuals, OMB No. 0906-XXXX-New
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Published
December 13, 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 238 (Wednesday, December 13, 2023)</title>
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[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86346-86348]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27362]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Agency Information Collection Activities: Proposed Collection:
Public Comment Request; Information Collection Request Title:
Applications for Deemed Public Health Service Employment With Liability
Protections Under the Federal Tort Claims Act for Health Centers,
Deemed Health Center Volunteers, and Free Clinic Sponsored Individuals,
OMB No. 0906-XXXX-New
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 should be received no later than February
12, 2024.
ADDRESSES: Submit your comments to <a href="/cdn-cgi/l/email-protection#a5d5c4d5c0d7d2cad7cee5cdd7d6c48bc2cad3"><span class="__cf_email__" data-cfemail="99e9f8e9fcebeef6ebf2d9f1ebeaf8b7fef6ef">[email protected]</span></a> or mail the HRSA
Information Collection Clearance Officer, Room 14N39, 5600 Fishers
Lane, Rockville, Maryland 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#d2a2b3a2b7a0a5bda0b992baa0a1b3fcb5bda4"><span class="__cf_email__" data-cfemail="7b0b1a0b1e090c1409103b1309081a551c140d">[email protected]</span></a> or call Joella Roland, the
HRSA Information Collection Clearance Officer, at (301) 443-3983.
SUPPLEMENTARY INFORMATION: When submitting comments or requesting
information, please include the ICR title for reference.
Information Collection Request Title: Applications for Deemed
Public Health Service (PHS) Employment with Liability Protections Under
the Federal Tort Claims Act (FTCA) for Health Centers, Deemed Health
Center Volunteers, and Free Clinic Sponsored Individuals, OMB No. 0906-
XXXX-New.
Abstract: Section 224(g)-(n) of the PHS Act (42 U.S.C. 233(g)-(n))
states that entities receiving funds under section 330 of the PHS Act
and specified individuals of that entity may be deemed to be PHS
employees for the purpose of eligibility for liability protections,
including FTCA coverage, for the performance of medical, surgical,
dental, and related functions within the scope of deemed employment
upon approval of an application for deemed employment. The Health
Center Program and Health Center FTCA Program are administered by HRSA.
Health centers submit deeming applications annually to HRSA in the
prescribed form and manner in order to obtain deemed PHS employee
status, with the associated eligibility for FTCA coverage. Such
applications must be approved by HRSA in a Notice of Deeming Action.
Deemed health centers must resubmit applications annually meeting all
deeming requirements in order to maintain deemed status.
Volunteer Health Professionals (VHPs)
Section 224(q) of the PHS Act (42 U.S.C. 233(q)) extends
eligibility for deemed PHS employee status to VHPs sponsored by deemed
health centers upon approval of an individual sponsorship application
for deemed PHS employment. The Health Center VHP FTCA Program is
administered by HRSA. In order to maintain deemed status for VHPs,
deemed health centers must submit to HRSA an annual deeming sponsorship
application on behalf of individually named VHPs. For liability
protections to apply, such
[[Page 86347]]
applications must be approved by HRSA in a Notice of Deeming Action
applicable to the individual VHP, which, absent other intervening
facts, generally is applicable to covered activities within the scope
of such deemed PHS employment for a calendar year.
Free Clinics
Section 224(o) of the PHS Act (42 U.S.C. 233(o)) extends
eligibility for deemed PHS employee status to free clinic health
professionals, including employees, officers, board members,
contractors, and volunteer health professionals, at qualifying free
clinics. The Free Clinics FTCA Program is administered by HRSA. Free
clinics must submit deeming sponsorship applications to HRSA in the
specified form and manner on behalf of named individuals for HRSA's
review and approval. In order to continue to participate in the Free
Clinics FTCA Program and maintain deemed status for individuals, free
clinics must submit to HRSA an annual deeming sponsorship application
on behalf of named individuals. For liability protections to apply,
such applications must be approved by HRSA in a Notice of Deeming
Action applicable to the sponsored individual, which, absent other
intervening facts, generally is applicable to covered activities within
the scope of such deemed PHS employment for a calendar year. Approvals
are reflected, resulting in a ``deeming determination'' that includes
associated FTCA coverage for these individuals.
HRSA proposes combining the three existing ICRs for these programs
into a single ICR consisting of the three application forms. The three
existing ICRs are: (1) Application for Health Center Program Recipients
for Deemed PHS Employment with Liability Protections Under the FTCA
(OMB No. 0906-0035); (2) Application for Deemed Health Center Program
Award Recipients to Sponsor VHPs for Deemed PHS Employment (OMB No.
0915-0032); and (3) FTCA Program Deeming Sponsorship Applications for
Free Clinics (OMB No. 0915-0293). HRSA recognizes that the content of
these three FTCA applications differs but proposes combining these
three separate ICRs in order to increase efficiencies, decrease burden
on stakeholders, and allow commentors to provide feedback more easily
where applicable to commonalities that may impact all three ICRs.
Pursuant to Section 224(g)-(o), and (q) of the PHS Act (42 U.S.C.
233(g)-(o) and (q)), as amended, all three collections are done for the
purpose of collecting information from certain health centers that
receive grant funding under Section 330 of the PHS Act and free clinics
to determine eligibility for liability protections, including FTCA
coverage. Applications for these programs must be submitted through
HRSA's web-based application system, the Electronic Handbooks. These
electronic application forms decrease the time and effort required to
complete the older, paper-based OMB approved FTCA application forms. In
order to make the terminology more consistent, the names of the
applications are now as follows: (1) Application for Health Center
Program Recipients for Deemed PHS Employment with Liability Protections
Under the FTCA; (2) Application for Deemed Health Center Program
Recipients to Sponsor VHPs for Deemed PHS Employment with Liability
Protections Under the FTCA; and (3) Application for Free Clinics to
Sponsor Individuals for Deemed PHS Employment with Liability
Protections Under the FTCA. In this single ICR, HRSA proposes updating
the content of the applications forms, which OMB has previously
approved as three individual ICRs. The revisions are described below.
Proposed Revisions
1. Application for Health Center Program Recipients for Deemed PHS
Employment With Liability Protections Under the FTCA
HRSA is proposing several changes to the content of the Application
for Health Center Program Recipients for Deemed PHS Employment with
Liability Protections Under the FTCA, to be used for health center
deeming applications for calendar year (CY) 2024 and thereafter, to
improve question clarity and clarify required documentation. The
application includes: Contact Information, Section 1: Review of Risk
Management Systems, Section 2: Quality Improvement/Quality Assurance,
Section 3: Credentialing and Privileging, Section 4: Claims Management,
and Section 5: Additional Information, Certification, and Signatures.
In addition to minor changes made for clarity, the application includes
the following proposed changes:
<bullet> A disclaimer regarding training for health center staff
was added to the beginning of the Review of Risk Management Systems,
Quality Improvement/Quality Assurance, Credentialing and Privileging,
and Claims Management sections.
Review of Risk Management Systems:
<bullet> Questions related to required FTCA trainings for
Obstetrics, Infection Control, the Health Insurance Portability and
Accountability Act, and other specific areas of risk were separated
into four questions, and detailed guidance for Obstetrics training was
added for clarity.
<bullet> To facilitate the verification of compliance with training
requirements, applicants will be required to enter their training
tracking information in a Word or PDF document that will be part of the
information collection tool.
<bullet> To enhance clarity and ensure accurate uploading of
information, the quarterly assessments have been divided into four
separate questions. This change aims to outline the required elements
and information necessary for each risk assessment.
Credentialing and Privileging:
<bullet> The credentialing and privileging section was revised to
include clarification regarding policy and procedure requirements for
temporary privileging.
<bullet> A new attestation question was added to clearly outline
the requirements of Chapter 5 of the Health Center Compliance Manual,
Clinical Staffing regarding for Credentialing and Privileging of health
care practitioners.
<bullet> A new question was added to ensure health centers ensure
credentialing and privileging for all provider types, including
Licensed Independent Practitioners, Other Licensed or Certified
Practitioners, and Other Clinical Staff.
Claims Management:
<bullet> A new claims management question was added to ensure
documents relating to potential tort claims are in the correct format
when transmitted to the Department of Health and Human Services, Office
of the General Counsel's General Law Division.
2. Application for Deemed Health Center Program Recipients To Sponsor
VHPs for Deemed PHS Employment With Liability Protections Under the
FTCA
HRSA is proposing several changes to the content of the Application
for Deemed Health Center Program Recipients to Sponsor VHPs for Deemed
PHS Employment with Liability Protections Under the FTCA, to be used
for deeming sponsorship applications for CY 2024 and thereafter, to
improve question clarity, clarify required documentation, and support
HRSA's analysis and understanding of program impact. The application
includes the following sections: Acknowledgments of Deemed Status
Requirements, Acknowledgment of Required
[[Page 86348]]
Performance Conditions, and Information on the Volunteers Sponsored for
Deeming. Specifically, the application includes the following proposed
changes:
<bullet> Volunteers Sponsored for Deeming: A new question has been
added to better assist health centers sponsoring VHPs who perform
activities during declared emergencies. The question asks if the
submitted application relates to services provided during a declared
emergency.
<bullet> Credentialing and Privileging: Language has been added to
ensure grantees understand the 2-year requirement for credentialing and
privileging.
3. Application for Free Clinics To Sponsor Individuals for Deemed PHS
Employment With Liability Protections Under the FTCA
HRSA is proposing several changes to the content of the
Applications for Free Clinics to Sponsor Individuals for Deemed PHS
Employment with Liability Protections Under the FTCA, to be used for
deeming sponsorship applications for CY 2024 and thereafter, to improve
question clarity and clarify required documentation. Specifically, the
application includes the following proposed changes:
<bullet> In Section III, ``Sponsoring Free Clinic Eligibility,'' a
note was added to clarify the non-profit status documentation
requirements for free clinics; and
<bullet> In Section VII, ``Patient Visit Data,'' clarifying
language was added to ensure that free clinics provide precise and
accurate data.
Need and Proposed Use of the Information: Deeming applications must
address certain specified criteria required by law to be approved, and
FTCA application forms are critical to HRSA's deeming determination
process. The application submissions provide HRSA with the information
essential to evaluate the application and make a deeming determination.
Moreover, the application information is also used to determine whether
a site visit is appropriate to assess issues relating to quality of
care and to determine technical assistance needs.
Likely Respondents: Respondents include Health Center Program
funding recipients seeking deemed PHS employee status for purposes of
eligibility for liability protections, including FTCA coverage; Health
Center Program funding recipients that have been deemed as PHS
employees and that seek to sponsor VHPs for deemed PHS employee status
for purposes of eligibility for liability protections, including FTCA
coverage; and free clinics that seek to sponsor individuals for deemed
PHS employee status for purposes of eligibility for liability
protections, including FTCA coverage.
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 and verifying
information, processing and maintaining information, and 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 are summarized in the table below.
Total Estimated Annualized Burden Hours
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Average
Number of Number of Total burden per Total
Form name respondents responses per responses response burden
respondent (in hours) hours
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Application for Health Center Program Recipients 1,160 1 1,160 2.5 2,900
for Deemed PHS Employment with Liability
Protections Under the FTCA.....................
Application for Deemed Health Center Program 1,156 3 3,468 2.0 6,936
Recipients to Sponsor Volunteer Health
Professionals (VHPs) for Deemed PHS Employment
with Liability Protections Under the FTCA......
Application for Free Clinics to Sponsor 374 3 1,122 2.0 2,244
Individuals for Deemed PHS Employment with
Liability Protections Under the FTCA...........
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Total....................................... 2,655 7 5,705 9 12,080
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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. 2023-27362 Filed 12-12-23; 8:45 am]
BILLING CODE 4165-15-P
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