81 FR 49985 - Agency Information Collection Activities: Proposed Collection; Comment Request
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 81, Issue 146 (July 29, 2016)
Centers for Medicare & Medicaid Services
Federal Register Volume 81, Issue 146 (July 29, 2016)
| Page Range | 49985-49986 | |
| FR Document | 2016-17987 |
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)] [Notices] [Pages 49985-49986] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17987] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-10311, CMS-10242] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid 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 (the 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 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: (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. DATES: Comments must be received by September 27, 2016. ADDRESSES: When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways: 1. Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for ``Comment or Submission'' or ``More Search Options'' to find the information collection document(s) that are accepting comments. 2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number ___, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following: 1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995. 2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]. 3. Call the Reports Clearance Office at (410) 786-1326. FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786- 1326. SUPPLEMENTARY INFORMATION: Contents This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see ADDRESSES). CMS-10311 Medicare Program/Home Health Prospective Payment System Rate Update for Calendar Year 2010: Physician Narrative Requirement and Supporting Regulation CMS-10242 Documentation Requirements Concerning Emergency and Nonemergency Ambulance Transports Described in the Beneficiary Signature Regulations in 42 CFR 424.36(b) Under the 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 requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of [[Page 49986]] 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. Information Collection 1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Medicare Program/ Home Health Prospective Payment System Rate Update for Calendar Year 2010: Physician Narrative Requirement and Supporting Regulation; Use: Section (o) of the Act (42 U.S.C. 1395 x) specifies certain requirements that a home health agency must meet to participate in the Medicare program. To qualify for Medicare coverage of home health services a Medicare beneficiary must meet each of the following requirements as stipulated in Sec. 409.42: Be confined to the home or an institution that is not a hospital, SNF, or nursing facility as defined in sections 1861(e)(1), 1819(a)(1) or 1919 of Act; be under the care of a physician as described in Sec. 409.42(b); be under a plan of care that meets the requirements specified in Sec. 409.43; the care must be furnished by or under arrangements made by a participating HHA, and the beneficiary must be in need of skilled services as described in Sec. 409.42(c). Subsection 409.42(c) of our regulations requires that the beneficiary need at least one of the following services as certified by a physician in accordance with Sec. 424.22: Intermittent skilled nursing services and the need for skilled services which meet the criteria in Sec. 409.32; Physical therapy which meets the requirements of Sec. 409.44(c), Speech-language pathology which meets the requirements of Sec. 409.44(c); or have a continuing need for occupational therapy that meets the requirements of Sec. 409.44(c), subject to the limitations described in Sec. 409.42(c)(4). On March 23, 2010, the Affordable Care Act of 2010 (Pub. L., 111-148) was enacted. Section 6407(a) (amended by section 10605) of the Affordable Care Act amends the requirements for physician certification of home health services contained in Sections 1814(a)(2)(C) and 1835(a)(2)(A) by requiring that, prior to certifying a patient as eligible for Medicare's home health benefit, the physician must document that the physician himself or herself or a permitted non-physician practitioner has had a face-to-face encounter (including through the use of tele- health services, subject to the requirements in section 1834(m) of the Act)'', with the patient. The Affordable Care Act provision does not amend the statutory requirement that a physician must certify a patient's eligibility for Medicare's home health benefit, (see Sections 1814(a)(2)(C) and 1835(a)(2)(A) of the Act. Form Number: CMS-10311 (OMB control number: 0938-1083); Frequency: Yearly; Affected Public: Private sector (Business or other For-profits); Number of Respondents: 345,600; Total Annual Responses: 345,600; Total Annual Hours: 28,800. (For policy questions regarding this collection contact Hillary Loeffler at 410-786-0456.) 2. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Documentation Requirements Concerning Emergency and Nonemergency Ambulance Transports Described in the Beneficiary Signature Regulations in 42 CFR 424.36(b); Use: The statutory authority requiring a beneficiary's signature on a claim submitted by a provider is located in section 1835(a) and in 1814(a) of the Social Security Act (the Act), for Part B and Part A services, respectively. The authority requiring a beneficiary's signature for supplier claims is implicit in sections 1842(b)(3)(B)(ii) and in 1848(g)(4) of the Act. Federal regulations at 42 CFR 424.32(a)(3) state that all claims must be signed by the beneficiary or on behalf of the beneficiary (in accordance with 424.36). Section 424.36(a) states that the beneficiary's signature is required on a claim unless the beneficiary has died or the provisions of 424.36(b), (c), or (d) apply. We believe that for emergency and nonemergency ambulance transport services, where the beneficiary is physically or mentally incapable of signing the claim (and the beneficiary's authorized representative is unavailable or unwilling to sign the claim), that it is impractical and infeasible to require an ambulance provider or supplier to later locate the beneficiary or the person authorized to sign on behalf of the beneficiary, before submitting the claim to Medicare for payment. Therefore, we created an exception to the beneficiary signature requirement with respect to emergency and nonemergency ambulance transport services, where the beneficiary is physically or mentally incapable of signing the claim, and if certain documentation requirements are met. Thus, we added subsection (6) to paragraph (b) of 42 CFR 424.36. The information required in this ICR is needed to help ensure that services were in fact rendered and were rendered as billed. Form Number: CMS-10242 (OMB control number: 0938- 1049); Frequency: Yearly; Affected Public: Private sector (Business or other For-profits, Not-For-Profit Institutions); Number of Respondents: 10,402; Total Annual Responses: 14,155,617; Total Annual Hours: 1,180,578. (For policy questions regarding this collection contact Martha Kuespert at 410-786-4605.) Dated: July 26, 2016. Martique Jones, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2016-17987 Filed 7-28-16; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices 49985
future request for inclusion on the list 13,200; Total Annual Hours: 8,899. (For www.regulations.gov. Follow the
of recognized compendia will be policy questions regarding this instructions for ‘‘Comment or
required to comply with these collection contact Sarah Boehm at 301– Submission’’ or ‘‘More Search Options’’
provisions. No compendium can be on 492–4429.) to find the information collection
the list if it does not fully meet the Dated: July 26, 2016. document(s) that are accepting
standard described in section Martique Jones,
comments.
1861(t)(2)(B) of the Act, as revised by 2. By regular mail. You may mail
Director, Regulations Development Group,
section 182(b) of the MIPPA. Form written comments to the following
Office of Strategic Operations and Regulatory
Number: CMS–10302 (OMB control Affairs. address: CMS, Office of Strategic
number: 0938–1078); Frequency: Operations and Regulatory Affairs,
[FR Doc. 2016–17988 Filed 7–28–16; 8:45 am]
Annually; Affected Public: Business and Division of Regulations Development,
BILLING CODE 4120–01–P
other for-profits and Not-for-profit Attention: Document Identifier/OMB
institutions; Number of Respondents: Control Number lll, Room C4–26–
845; Total Annual Responses: 900; Total DEPARTMENT OF HEALTH AND 05, 7500 Security Boulevard, Baltimore,
Annual Hours: 5,135. (For policy HUMAN SERVICES Maryland 21244–1850.
questions regarding this collection To obtain copies of a supporting
contact Cheryl Gilbreath at 410–786– Centers for Medicare & Medicaid statement and any related forms for the
5919.) Services proposed collection(s) summarized in
3. Type of Information Collection this notice, you may make your request
[Document Identifiers: CMS–10311, CMS– using one of following:
Request: Extension of a previously 10242]
approved collection; Title of 1. Access CMS’ Web site address at
Information Collection: Essential Health http://www.cms.hhs.gov/
Agency Information Collection
Benefits in Alternative Benefit Plans, PaperworkReductionActof1995.
Activities: Proposed Collection; 2. Email your request, including your
Eligibility Notices, Fair Hearing and Comment Request address, phone number, OMB number,
Appeal Processes, and Premiums and
AGENCY: Centers for Medicare & and CMS document identifier, to
Cost Sharing; Exchanges: Eligibility and
Medicaid Services, HHS. Paperwork@cms.hhs.gov.
Enrollment; Use: The Patient Protection
ACTION: Notice. 3. Call the Reports Clearance Office at
and Affordable Care Act, Public Law
(410) 786–1326.
111–148, enacted on March 23, 2010,
SUMMARY: The Centers for Medicare & FOR FURTHER INFORMATION CONTACT:
and the Health Care and Education
Medicaid Services (CMS) is announcing Reports Clearance Office at (410) 786–
Reconciliation Act, Public Law 111–
an opportunity for the public to 1326.
152, expands access to health insurance
comment on CMS’ intention to collect
for individuals and employees of small SUPPLEMENTARY INFORMATION:
information from the public. Under the
businesses through the establishment of Contents
Paperwork Reduction Act of 1995 (the
new Affordable Insurance Exchanges
PRA), federal agencies are required to This notice sets out a summary of the
(Exchanges), including the Small
publish notice in the Federal Register use and burden associated with the
Business Health Options Program
concerning each proposed collection of following information collections. More
(SHOP). The Exchanges, which became
information (including each proposed detailed information can be found in
operational on January 1, 2014,
extension or reinstatement of an existing each collection’s supporting statement
enhanced competition in the health
collection of information) and to allow and associated materials (see
insurance market, expanded access to
60 days for public comment on the ADDRESSES).
affordable health insurance for millions
proposed action. Interested persons are CMS–10311 Medicare Program/Home
of Americans, and provided consumers
invited to send comments regarding our Health Prospective Payment System
with a place to easily compare and shop
burden estimates or any other aspect of Rate Update for Calendar Year 2010:
for health insurance coverage. The
this collection of information, including Physician Narrative Requirement and
reporting requirements and data
any of the following subjects: (1) The Supporting Regulation
collection in Medicaid, Children’s
necessity and utility of the proposed CMS–10242 Documentation
Health Insurance Programs, and
information collection for the proper Requirements Concerning Emergency
Exchanges: Essential Health Benefits in
performance of the agency’s functions; and Nonemergency Ambulance
Alternative Benefit Plans, Eligibility
(2) the accuracy of the estimated Transports Described in the
Notices, Fair Hearing and Appeal
burden; (3) ways to enhance the quality, Beneficiary Signature Regulations in
Processes, and Premiums and Cost
utility, and clarity of the information to 42 CFR 424.36(b)
Sharing; Exchanges: Eligibility and
be collected; and (4) the use of
Enrollment (CMS–2334–F) address: (1) Under the PRA (44 U.S.C. 3501–
automated collection techniques or
Standards related to notices, (2) 3520), federal agencies must obtain
other forms of information technology to
procedures for the verification of approval from the Office of Management
minimize the information collection
enrollment in an eligible employer- and Budget (OMB) for each collection of
burden.
sponsored plan and eligibility for information they conduct or sponsor.
qualifying coverage in an eligible DATES: Comments must be received by The term ‘‘collection of information’’ is
employer-sponsored plan; and (3) other September 27, 2016. defined in 44 U.S.C. 3502(3) and 5 CFR
eligibility and enrollment provisions to ADDRESSES: When commenting, please 1320.3(c) and includes agency requests
ebenthall on DSK5MVXVN1PROD with NOTICES
provide detail necessary for state reference the document identifier or or requirements that members of the
implementation. Form Number: CMS– OMB control number. To be assured public submit reports, keep records, or
10468 (OMB control number: 0938– consideration, comments and provide information to a third party.
1207); Frequency: Annually; Affected recommendations must be submitted in Section 3506(c)(2)(A) of the PRA
Public: Individuals, Households and any one of the following ways: requires federal agencies to publish a
Private Sector; Number of Respondents: 1. Electronically. You may send your 60-day notice in the Federal Register
13,200; Total Annual Responses: comments electronically to http:// concerning each proposed collection of
VerDate Sep<11>2014 21:05 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\29JYN1.SGM 29JYN1](https://thefederalregister.org/doc/81_FR_50131/page/1.svg)
![49986 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices
information, including each proposed patient. The Affordable Care Act (OMB control number: 0938–1049);
extension or reinstatement of an existing provision does not amend the statutory Frequency: Yearly; Affected Public:
collection of information, before requirement that a physician must Private sector (Business or other For-
submitting the collection to OMB for certify a patient’s eligibility for profits, Not-For-Profit Institutions);
approval. To comply with this Medicare’s home health benefit, (see Number of Respondents: 10,402; Total
requirement, CMS is publishing this Sections 1814(a)(2)(C) and 1835(a)(2)(A) Annual Responses: 14,155,617; Total
notice. of the Act. Form Number: CMS–10311 Annual Hours: 1,180,578. (For policy
Information Collection (OMB control number: 0938–1083); questions regarding this collection
Frequency: Yearly; Affected Public: contact Martha Kuespert at 410–786–
1. Type of Information Collection Private sector (Business or other For- 4605.)
Request: Extension of a currently profits); Number of Respondents: Dated: July 26, 2016.
approved collection; Title of 345,600; Total Annual Responses:
Information Collection: Medicare Martique Jones,
345,600; Total Annual Hours: 28,800.
Program/Home Health Prospective Director, Regulations Development Group,
(For policy questions regarding this Office of Strategic Operations and Regulatory
Payment System Rate Update for collection contact Hillary Loeffler at
Calendar Year 2010: Physician Narrative Affairs.
410–786–0456.) [FR Doc. 2016–17987 Filed 7–28–16; 8:45 am]
Requirement and Supporting
2. Type of Information Collection
Regulation; Use: Section (o) of the Act BILLING CODE 4120–01–P
Request: Extension of a currently
(42 U.S.C. 1395 x) specifies certain
requirements that a home health agency approved collection; Title of
must meet to participate in the Medicare Information Collection: Documentation DEPARTMENT OF HEALTH AND
program. To qualify for Medicare Requirements Concerning Emergency HUMAN SERVICES
coverage of home health services a and Nonemergency Ambulance
Transports Described in the Beneficiary Food and Drug Administration
Medicare beneficiary must meet each of
the following requirements as stipulated Signature Regulations in 42 CFR
in § 409.42: Be confined to the home or 424.36(b); Use: The statutory authority [Docket No. FDA–2016–N–1773]
an institution that is not a hospital, requiring a beneficiary’s signature on a
SNF, or nursing facility as defined in claim submitted by a provider is located Change of Address for the Food and
sections 1861(e)(1), 1819(a)(1) or 1919 of in section 1835(a) and in 1814(a) of the Drug Administration Center for Food
Act; be under the care of a physician as Social Security Act (the Act), for Part B Safety and Applied Nutrition
described in § 409.42(b); be under a plan and Part A services, respectively. The
authority requiring a beneficiary’s AGENCY: Food and Drug Administration,
of care that meets the requirements HHS.
specified in § 409.43; the care must be signature for supplier claims is implicit
in sections 1842(b)(3)(B)(ii) and in ACTION: Notice.
furnished by or under arrangements
made by a participating HHA, and the 1848(g)(4) of the Act. Federal
SUMMARY: The Food and Drug
beneficiary must be in need of skilled regulations at 42 CFR 424.32(a)(3) state
that all claims must be signed by the Administration (FDA or we) is
services as described in § 409.42(c). providing notice that the street address
Subsection 409.42(c) of our regulations beneficiary or on behalf of the
beneficiary (in accordance with 424.36). for the Center for Food Safety and
requires that the beneficiary need at Applied Nutrition’s (CFSAN’s) Harvey
least one of the following services as Section 424.36(a) states that the
beneficiary’s signature is required on a W. Wiley Federal Building in College
certified by a physician in accordance Park, MD has changed. The new street
with § 424.22: Intermittent skilled claim unless the beneficiary has died or
the provisions of 424.36(b), (c), or (d) address is 5001 Campus Drive.
nursing services and the need for skilled
apply. We believe that for emergency FOR FURTHER INFORMATION CONTACT: John
services which meet the criteria in
§ 409.32; Physical therapy which meets and nonemergency ambulance transport Reilly, Center for Food Safety and
the requirements of § 409.44(c), Speech- services, where the beneficiary is Applied Nutrition (HFS–024), Food and
language pathology which meets the physically or mentally incapable of Drug Administration, 5001 Campus Dr.,
requirements of § 409.44(c); or have a signing the claim (and the beneficiary’s College Park, MD 20740.
continuing need for occupational authorized representative is unavailable SUPPLEMENTARY INFORMATION: The
therapy that meets the requirements of or unwilling to sign the claim), that it purpose of this notice is to inform the
§ 409.44(c), subject to the limitations is impractical and infeasible to require public that the street address for
described in § 409.42(c)(4). On March an ambulance provider or supplier to CFSAN’s Harvey W. Wiley Federal
23, 2010, the Affordable Care Act of later locate the beneficiary or the person Building in College Park, MD has
2010 (Pub. L., 111–148) was enacted. authorized to sign on behalf of the changed. The street, formerly known as
Section 6407(a) (amended by section beneficiary, before submitting the claim Paint Branch Parkway, has been
10605) of the Affordable Care Act to Medicare for payment. Therefore, we renamed ‘‘Campus Drive’’ and the street
amends the requirements for physician created an exception to the beneficiary number has been changed to ‘‘5001.’’
certification of home health services signature requirement with respect to Thus, the building’s street address has
contained in Sections 1814(a)(2)(C) and emergency and nonemergency changed from 5100 Paint Branch
1835(a)(2)(A) by requiring that, prior to ambulance transport services, where the Parkway to 5001 Campus Drive, and our
certifying a patient as eligible for beneficiary is physically or mentally full address is: Center for Food Safety
Medicare’s home health benefit, the incapable of signing the claim, and if and Applied Nutrition, Food and Drug
ebenthall on DSK5MVXVN1PROD with NOTICES
physician must document that the certain documentation requirements are Administration, 5001 Campus Drive,
physician himself or herself or a met. Thus, we added subsection (6) to College Park, MD 20740.
permitted non-physician practitioner paragraph (b) of 42 CFR 424.36. The Consequently, any mailed
has had a face-to-face encounter information required in this ICR is correspondence addressed to CFSAN’s
(including through the use of tele-health needed to help ensure that services were Harvey W. Wiley Federal Building
services, subject to the requirements in in fact rendered and were rendered as should use the new street address
section 1834(m) of the Act)’’, with the billed. Form Number: CMS–10242 beginning immediately.
VerDate Sep<11>2014 21:05 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\29JYN1.SGM 29JYN1](https://thefederalregister.org/doc/81_FR_50131/page/2.svg)
Document Created: 2018-02-08 07:51:54
Document Modified: 2018-02-08 07:51:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments must be received by September 27, 2016. | |
| Contact | Reports Clearance Office at (410) 786- 1326. | |
| FR Citation | 81 FR 49985 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR