Notice2025-09496

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

Primary source

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Published
May 28, 2025

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 90 Issue 101 (Wednesday, May 28, 2025)</title>
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[Federal Register Volume 90, Number 101 (Wednesday, May 28, 2025)]
[Notices]
[Pages 22490-22492]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09496]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10798, CMS-R-235, CMS-359/CMS-360, and CMS-
10069]


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 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 27, 2025.

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

[[Page 22491]]

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 to a previously approved information collection; Title: 
Application for Part B Immunosuppressive Drug Coverage (Part B-ID); 
Use: Sections 226A, 1836(b) and 1837(n) of the Act provide the 
statutory authority for this new, limited Medicare entitlement program. 
It is stated in Sec.  407.1(a)(6) that, sections 1836(b) and 1837(n) of 
the Act provide for coverage of immunosuppressive drugs as described in 
section 1861(s)(2)(J) of the Act under Part B beginning on or after 
January 1, 2023, for eligible individuals whose benefits under Medicare 
Part A and eligibility to enroll in Part B on the basis of ESRD would 
otherwise end with the 36th month after the month in which the 
individual receives a kidney transplant by reason of section 226A(b)(2) 
of the Act.
    CMS-10798 provides the necessary information to determine 
eligibility and to process the beneficiary's request for enrollment for 
in Part B-ID coverage. This form is only used for enrollment by 
beneficiaries whose Medicare entitlement based on ESRD would otherwise 
end after a successful kidney transplant to continue enrollment under 
Medicare Part B only for the coverage of immunosuppressive drugs who 
already have Part A, but not Part B.
    Form CMS-10798 is completed by the individual or is completed by an 
SSA representative using information provided by the Medicare enrollee 
during a telephone interview. The form is owned by CMS but not 
completed by CMS staff. SSA processes Medicare enrollments on behalf of 
CMS. Form Number: CMS-10798 (OMB control number: 0938-1428); Frequency: 
Once; Affected Public: Individuals and Households, State, Local, or 
Tribal Governments; Number of Respondents: 1,019; Total Annual 
Responses: 1,019; Total Annual Hours: 173. (For policy questions 
regarding this collection contact Tyrissa Woods at 410-786-0286 or 
<a href="/cdn-cgi/l/email-protection#20745952495353410e574f4f445360434d530e4848530e474f56"><span class="__cf_email__" data-cfemail="e9bd909b809a9a88c79e86868d9aa98a849ac781819ac78e869f">[email&#160;protected]</span></a>.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Data Use 
Agreement (DUA) Limited Data Set (LDS) Forms Research Identifiable 
Files (FIF) Forms; Use: The Privacy Act of 1974, section 552a requires 
the Centers for Medicare & Medicaid Services (CMS) to track all 
disclosures of the agency's Personally Identifiable Information (PII). 
CMS is also required by the Health Insurance Portability and 
Accountability Act (HIPAA) of 1996 and the Federal Information Security 
Management Act (FISMA) of 2002 to properly protect all Protected Health 
Information (PHI) data maintained by the agency and account for the 
disclosure of PHI. When entities, such as academic, Federal or State 
agency researchers or CMS contractors request CMS PII/PHI data, they 
enter into a Data Use Agreement (DUA) with CMS. The DUA stipulates that 
the recipient of CMS data must properly protect the data according to 
all applicable data security standards and provide for its appropriate 
destruction at the completion of the project/study or the expiration 
date of the DUA.
    CMS is permitted to disclose data files for approved research 
purposes in compliance with 45 CFR 164.512(I). Researchers requesting 
limited data set files (LDS) must, as part of the request process, 
complete a research request packet that provides CMS with information 
pertaining to the research study, including describing how the research 
results/findings will be disseminated, as well as the data files being 
requested. Should CMS approve the research request, the data requestor 
enters into a Data Use Agreement (DUA). This data collection is 
necessary to ensure that disclosures of data for research purposes 
comply with Federal laws and regulations as well as CMS policy. Form 
Number: CMS-R-235 (OMB control number 0938-0734); Frequency: 
Occasionally; Affected Public: Private Sector--State, Local, or Tribal 
Governments; and Business or other for-profits, Not-for-profits 
institutions and Federal Government; Number of Respondents: 7,805; 
Total Annual Responses: 7,805; Total Annual Hours: 4,234. (For policy 
questions regarding this collection contact Rebecca Dorman at 410-786-
2095 or <a href="/cdn-cgi/l/email-protection#0e7c6b6c6b6d6d6f206a617c636f604e6d637d2066667d20696178"><span class="__cf_email__" data-cfemail="b4c6d1d6d1d7d7d59ad0dbc6d9d5daf4d7d9c79adcdcc79ad3dbc2">[email&#160;protected]</span></a>.)
    3. Type of Information Collection Request: Reinstatement with 
change of a previously approved information collection; Title of 
Information Collection: Comprehensive Outpatient Rehabilitation 
Facility (CORF) Certification and Survey Forms; Use: This information 
collection is for the reinstatement of the CMS-359 and CMS-360 forms. 
The purpose of these forms is described below. The form CMS-359 is an 
application for health care providers that seek to participate in the 
Medicare program as a Comprehensive Outpatient Rehabilitation Facility 
(CORF). The form initiates the process for facilities to become 
certified as a CORF and it provides the CMS Location and State Survey 
Agency (SA) staff identifying information regarding the applicant that 
is stored in the Automated Survey Processing Environment (ASPEN) 
system.
    The form CMS-360 is a survey tool used by the SAs to record 
information in order to determine a provider's compliance with the CORF 
Conditions of Participation (COPs) and to report this information to 
the Federal Government. The form includes basic information on the COP 
requirements, check boxes to indicate the level of compliance, and a 
section for recording notes. CMS has the responsibility and authority 
for certification decisions which are based on provider compliance with 
the COPs and this form supports this process. Form Number: CMS-359/360 
(OMB control number: 0938-0267); Frequency: Occasionally; Affected 
Public: Private Sector (Business or other for-profits); Number of 
Respondents: 179; Number of Responses: 31; Total Annual Hours: 241. 
(For questions regarding this collection contact Caroline Gallaher 
(410) 786-8705.)
    4. Type of Information Collection Request: Reinstatement with 
change of a previously approved collection; Title of

[[Page 22492]]

Information Collection: Rural Community Hospital Demonstration Program 
Application; Use: CMS is requesting the information collection request 
previously approved under OMB control number 0938-0880, the Medicare 
Waiver Demonstration/Model Application, be reinstated. The approval 
lapsed due to an administrative oversight.
    The Centers for Medicare & Medicaid Services (CMS) has operated the 
statutory Rural Community Hospital (RCH) Demonstration since 2004. The 
authorizing statute instructed CMS to test cost-based payment for 
Medicare inpatient services for rural hospitals with fewer than 51 beds 
that are not eligible to be Critical Access Hospitals (CAH).
    The RCH Demonstration Program was initially authorized by section 
410A of the Medicare Modernization Act (MMA) of 2003. Following the 
initial 5-year authorization, the demonstration has been extended 3 
times, each time for an additional 5 years--first, by Sections 3123 and 
10313 of the Affordable Care Act; then by section 15003 of the 21st 
Century Cures Act; and by section 128 of the Consolidated 
Appropriations Act of 2021. Currently, the demonstration has 20 
participants out of a maximum of 30 hospitals, and it is scheduled to 
end in 2028.
    For previous authorizations, CMS has issued a Request for 
Applications (RFA) to solicit applications for the demonstration 
program. For the last solicitation, in 2017, CMS received 51 
applications for 13 open spaces. CMS is planning on a new RFA to fill 
the ten spaces that are currently open.
    Per the RFA, applications are requested in identical format, 
regardless of the specific goals and projects of the individual 
applicants. The standardized application format is not controversial, 
and it will reduce burden on applicants and reviewers. Responses are 
strictly voluntary. The standard format will enable CMS to select 
proposals that meet CMS objectives and show the best potential for 
success.
    The RFA will ask interested hospitals to provide a problem 
statement, strategies for ongoing financial viability, goals for 
participation in the demonstration, and plans for collaboration with 
other providers in the area. Applications will be submitted in the 
user-friendly format outlined in the Medicare Waiver Demonstration/
Model Application.
    A panel of evaluators will be assembled and utilize a standardized 
rubric to score the submitted proposals and identify hospitals with the 
highest scores. Results will be used to guide the future of the 
Medicare and Medicaid programs and to inform reform initiatives. Form 
Number: CMS-10069 (OMB control number: 0938-0880); Frequency: Once; 
Affected Public: Business or other for-profits and Not-for-profit 
institutions; Number of Respondents: 30; Total Annual Responses: 30; 
Total Annual Hours: 2,400. (For policy questions regarding this 
collection contact Alexis Lilly at 410-786-3501).

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2025-09496 Filed 5-27-25; 8:45 am]
BILLING CODE 4120-01-P


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Indexed from Federal Register on May 28, 2025.

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