81_FR_62678 81 FR 62503 - Agency Information Collection Activities: Submission for OMB Review; Comment Request

81 FR 62503 - Agency Information Collection Activities: Submission for OMB Review; Comment Request

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range62503-62504
FR Document2016-21625

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 any of the following subjects: 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.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016)
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62503-62504]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21625]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10328]


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

AGENCY: Centers for Medicare & Medicaid Services.

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 any of the following subjects: 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 October 11, 2016.

ADDRESSES: When commenting on the proposed information collections, 
please reference the document identifier or OMB control number. To be 
assured consideration, comments and recommendations must be received by 
the OMB desk officer via one of the following transmissions: OMB, 
Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-5806 OR Email: 
[email protected].
    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: 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: Revision of a currently 
approved collection; Title of Information Collection: Medicare Self-
Referral Disclosure Protocol; Use: The Affordable Care Act (``ACA'') 
was enacted on March 23, 2010. Section 6409 of the ACA requires the 
Secretary of the Department of Health and Human Services (the 
``Secretary''), in cooperation with the Office of Inspector General of 
the Department of Health and Human Services, to establish a Medicare 
self-referral disclosure protocol (``SRDP''). The SRDP enables 
providers of services and suppliers to self-disclose actual or 
potential violations of the physician self-referral statute, section 
1877 of the Social Security Act (the ``Act''). Section 6409(b) of the 
ACA gives the Secretary the authority to reduce the amount due and 
owing for all violations of section 1877 of the Act. In establishing 
the amount by which an overpayment may be reduced, the Secretary may 
consider: the nature and extent of the improper or illegal practice; 
the timeliness of the self-disclosure; the cooperation in providing 
additional information related to the disclosure; and such other 
factors as the Secretary considers appropriate.
    In accordance with the ACA, CMS established the SRDP on September 
23, 2010, and information concerning how

[[Page 62504]]

to disclose an actual or potential violation of section 1877 of the Act 
was posted on the CMS Web site. The most recent approval of this 
information collection request (``ICR'') was issued by the Office of 
Management and Budget on August 26, 2014.
    We are now seeking approval to revise the currently approved ICR. 
Under the currently approved collection, a party must provide a 
financial analysis of overpayments arising from actual or potential 
violations of section 1877 of the Act based on a 4-year lookback 
period. On February 12, 2016, CMS published a final rule on the 
reporting and returning of overpayments. See CMS- 6037-F, Medicare 
Program; Reporting and Returning of Overpayments, 81 FR 7654 (Feb. 12, 
2016) (the ``final overpayment rule''). The final overpayment rule 
establishes a 6-year lookback period for reporting and returning 
overpayments. We are revising the information collection for the SRDP 
to reflect the 6-year lookback period established by the final 
overpayment rule. The revision is necessary to ensure that parties 
submitting self-disclosures to the SRDP report overpayments for the 
entire 6-year lookback period. The 6-year lookback period applies only 
to submissions to the SRDP received on or after March 14, 2016, the 
effective date of the final overpayment rule; parties submitting self-
disclosures to the SRDP prior to March 14, 2016 need only provide a 
financial analysis of potential overpayments based on a 4-year lookback 
period.
    We are also taking the opportunity to streamline and simplify the 
SRDP by issuing a required form for SRDP submissions. The SRDP Form 
will reduce the burden on disclosing parties by reducing the amount of 
information that is required for submissions to the SRDP and providing 
a streamlined and standardized format for the presentation of the 
required information. Form Number: CMS-10328 (OMB control number: 0938-
1106); Frequency: Annually and semi-annually; Affected Public: Private 
sector (Business or other for-profits and Not-for-profits); Number of 
Respondents: 200; Total Annual Responses: 200; Total Annual Hours: 
5,000. (For policy questions regarding this collection contact Matt 
Edgar at 410-786-0698).

    Dated: September 2, 2016.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2016-21625 Filed 9-8-16; 8:45 am]
 BILLING CODE 4120-01-P



                                                                                Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices                                           62503

                                                    whether such items are in written form,                 DEPARTMENT OF HEALTH AND                              and CMS document identifier, to
                                                    in the form of computer data, or in any                 HUMAN SERVICES                                        Paperwork@cms.hhs.gov.
                                                    other form, for a period of three years                                                                          3. Call the Reports Clearance Office at
                                                    after final payment. This information is                Centers for Medicare & Medicaid                       (410) 786–1326.
                                                    necessary for examination and audit of                  Services                                              FOR FURTHER INFORMATION CONTACT:
                                                    contract surveillance, verification of                  [Document Identifier: CMS–10328]                      Reports Clearance Office at (410) 786–
                                                    contract pricing, and to provide                                                                              1326.
                                                    reimbursement of contractor costs,                      Agency Information Collection                         SUPPLEMENTARY INFORMATION: Under the
                                                    where applicable. The records retention                 Activities: Submission for OMB                        Paperwork Reduction Act of 1995 (PRA)
                                                    period is required by the statutory                     Review; Comment Request                               (44 U.S.C. 3501–3520), federal agencies
                                                    authorities at 10 U.S.C. 2313, 41 U.S.C.                                                                      must obtain approval from the Office of
                                                                                                            AGENCY: Centers for Medicare &
                                                    254, and 10 U.S.C. 2306, and are                                                                              Management and Budget (OMB) for each
                                                                                                            Medicaid Services.
                                                    implemented through the following                                                                             collection of information they conduct
                                                                                                            ACTION: Notice.
                                                    clauses: Audit and Records-Negotiation                                                                        or sponsor. The term ‘‘collection of
                                                    clause, 52.215–2; Contract Terms and                    SUMMARY:    The Centers for Medicare &                information’’ is defined in 44 U.S.C.
                                                    Conditions Required to Implement                        Medicaid Services (CMS) is announcing                 3502(3) and 5 CFR 1320.3(c) and
                                                    Statutes or Executive Orders-                           an opportunity for the public to                      includes agency requests or
                                                    Commercial Items clause, 52.212–5; and                  comment on CMS’ intention to collect                  requirements that members of the public
                                                    Audit and Records-Sealed Bidding                        information from the public. Under the                submit reports, keep records, or provide
                                                    clause, 52.214–26. This information                     Paperwork Reduction Act of 1995                       information to a third party. Section
                                                    collection does not require contractors                 (PRA), federal agencies are required to               3506(c)(2)(A) of the PRA (44 U.S.C.
                                                    to create or maintain any records that                  publish notice in the Federal Register                3506(c)(2)(A)) requires federal agencies
                                                    the contractor does not normally                        concerning each proposed collection of                to publish a 30-day notice in the
                                                    maintain in its usual course of business.               information, including each proposed                  Federal Register concerning each
                                                                                                            extension or reinstatement of an existing             proposed collection of information,
                                                    B. Annual Reporting Burden                              collection of information, and to allow               including each proposed extension or
                                                       Respondents: 14,830.                                 a second opportunity for public                       reinstatement of an existing collection
                                                                                                            comment on the notice. Interested                     of information, before submitting the
                                                       Responses per Respondent: 10.                        persons are invited to send comments                  collection to OMB for approval. To
                                                       Total number of responses: 148,300.                  regarding the burden estimate or any                  comply with this requirement, CMS is
                                                       Hours per Response: 1.0.                             other aspect of this collection of                    publishing this notice that summarizes
                                                                                                            information, including any of the                     the following proposed collection(s) of
                                                       Total Burden Hours: 148,300.                         following subjects: The necessity and                 information for public comment:
                                                    C. Public Comments                                      utility of the proposed information                      1. Type of Information Collection
                                                                                                            collection for the proper performance of              Request: Revision of a currently
                                                       Public comments are particularly                     the agency’s functions; the accuracy of               approved collection; Title of
                                                    invited on: Whether this collection of                  the estimated burden; ways to enhance                 Information Collection: Medicare Self-
                                                    information is necessary for the proper                 the quality, utility, and clarity of the              Referral Disclosure Protocol; Use: The
                                                    performance of functions of the Federal                 information to be collected; and the use              Affordable Care Act (‘‘ACA’’) was
                                                    Acquisition Regulation (FAR), and                       of automated collection techniques or                 enacted on March 23, 2010. Section
                                                    whether it will have practical utility;                 other forms of information technology to              6409 of the ACA requires the Secretary
                                                    whether our estimate of the public                      minimize the information collection                   of the Department of Health and Human
                                                    burden of this collection of information                burden.                                               Services (the ‘‘Secretary’’), in
                                                    is accurate, and based on valid                         DATES: Comments on the collection(s) of               cooperation with the Office of Inspector
                                                    assumptions and methodology and ways                    information must be received by the                   General of the Department of Health and
                                                    to enhance the quality, utility, and                    OMB desk officer by October 11, 2016.                 Human Services, to establish a Medicare
                                                    clarity of the information to be                        ADDRESSES: When commenting on the                     self-referral disclosure protocol
                                                    collected.                                              proposed information collections,                     (‘‘SRDP’’). The SRDP enables providers
                                                       Obtaining Copies of Proposals:                       please reference the document identifier              of services and suppliers to self-disclose
                                                    Requesters may obtain a copy of the                     or OMB control number. To be assured                  actual or potential violations of the
                                                    information collection documents from                   consideration, comments and                           physician self-referral statute, section
                                                    the General Services Administration,                    recommendations must be received by                   1877 of the Social Security Act (the
                                                    Regulatory Secretariat Division (MVCB),                 the OMB desk officer via one of the                   ‘‘Act’’). Section 6409(b) of the ACA
                                                    1800 F Street NW., Washington, DC                       following transmissions: OMB, Office of               gives the Secretary the authority to
                                                    20405, telephone 202–501–4755. Please                   Information and Regulatory Affairs,                   reduce the amount due and owing for
                                                    cite OMB Control Number 9000–0034,                      Attention: CMS Desk Officer, Fax                      all violations of section 1877 of the Act.
                                                    Examination of Records by Comptroller                   Number: (202) 395–5806 OR Email:                      In establishing the amount by which an
                                                    General and Contract Audit, in all                      OIRA_submission@omb.eop.gov.                          overpayment may be reduced, the
                                                    correspondence.                                            To obtain copies of a supporting                   Secretary may consider: the nature and
                                                                                                                                                                  extent of the improper or illegal
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            statement and any related forms for the
                                                       Dated: September 6, 2016.
                                                                                                            proposed collection(s) summarized in                  practice; the timeliness of the self-
                                                    Lorin S. Curit,                                         this notice, you may make your request                disclosure; the cooperation in providing
                                                    Director, Federal Acquisition Policy, Office            using one of following:                               additional information related to the
                                                    of Government-wide Acquisition Policy,                     1. Access CMS’ Web site address at                 disclosure; and such other factors as the
                                                    Office of Acquisition Policy, Office of                 http://www.cms.hhs.gov/Paperwork                      Secretary considers appropriate.
                                                    Government-wide Policy.                                 ReductionActof1995.                                      In accordance with the ACA, CMS
                                                    [FR Doc. 2016–21721 Filed 9–8–16; 8:45 am]                 2. Email your request, including your              established the SRDP on September 23,
                                                    BILLING CODE 6820–EP–P                                  address, phone number, OMB number,                    2010, and information concerning how


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                                                    62504                       Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices

                                                    to disclose an actual or potential                      DEPARTMENT OF HEALTH AND                              available via Webcast. The Webcast will
                                                    violation of section 1877 of the Act was                HUMAN SERVICES                                        be available at the following link for
                                                    posted on the CMS Web site. The most                                                                          both days: https://collaboration.fda.gov/
                                                    recent approval of this information                     Food and Drug Administration                          bpac1116/.
                                                    collection request (‘‘ICR’’) was issued by              [Docket No. FDA–2016–N–0001]                          SUPPLEMENTARY INFORMATION:
                                                    the Office of Management and Budget                                                                              Agenda: On the morning of November
                                                    on August 26, 2014.                                     Blood Products Advisory Committee                     17, 2016, the Committee will meet in
                                                       We are now seeking approval to revise                Advisory Committee; Notice of Meeting                 open session to discuss strategies to
                                                    the currently approved ICR. Under the                                                                         manage iron deficiency associated with
                                                    currently approved collection, a party                  AGENCY:    Food and Drug Administration,
                                                                                                                                                                  blood donation. The Committee will
                                                    must provide a financial analysis of                    HHS.
                                                                                                                                                                  also discuss proposed procedures for
                                                    overpayments arising from actual or                     ACTION:   Notice.                                     assuring donor safety for collections of
                                                    potential violations of section 1877 of                                                                       blood from female donors with
                                                    the Act based on a 4-year lookback                      SUMMARY:   The Food and Drug
                                                                                                            Administration (FDA) announces a                      hemoglobin values of 12.0–12.4g/dL or
                                                    period. On February 12, 2016, CMS                                                                             a hematocrit value between 36 and 38.
                                                    published a final rule on the reporting                 forthcoming public advisory committee
                                                                                                            meeting of the Blood Products Advisory                In the afternoon, the Committee will
                                                    and returning of overpayments. See                                                                            meet in open session to discuss adverse
                                                    CMS- 6037–F, Medicare Program;                          Committee. The general function of the
                                                                                                            committee is to provide advice and                    reactions related to blood donation in
                                                    Reporting and Returning of                                                                                    teenage (16 to 18 years) donors, and the
                                                    Overpayments, 81 FR 7654 (Feb. 12,                      recommendations to the Agency on
                                                                                                            FDA’s regulatory issues. The meeting                  effectiveness of several mitigation
                                                    2016) (the ‘‘final overpayment rule’’).                                                                       measures. On November 18, 2016, the
                                                    The final overpayment rule establishes                  will be open to the public.
                                                                                                                                                                  Committee will meet in open session to
                                                    a 6-year lookback period for reporting                  DATES: The meeting will be held on
                                                                                                                                                                  hear an informational session on Zika
                                                    and returning overpayments. We are                      November 17, 2016, from 8 a.m. to 5:30
                                                                                                                                                                  virus and blood safety in the United
                                                    revising the information collection for                 p.m. and on November 18, 2016, from
                                                                                                                                                                  States. Following the informational
                                                    the SRDP to reflect the 6-year lookback                 8:30 a.m. to 1 p.m.
                                                                                                                                                                  session, the Committee will hear
                                                    period established by the final                         ADDRESSES: FDA White Oak Campus,                      presentations on the following topics:
                                                    overpayment rule. The revision is                       10903 New Hampshire Ave., Building                    (1) The Transfusion Transmissible
                                                    necessary to ensure that parties                        31 Conference Center, the Great Room                  Infections Monitoring System; (2) a
                                                    submitting self-disclosures to the SRDP                 (Rm. 1503), Silver Spring, MD, 20993–                 summary of the FDA workshop on new
                                                    report overpayments for the entire 6-                   0002. Answers to commonly asked                       methods to predict the immunogenicity
                                                    year lookback period. The 6-year                        questions including information                       of therapeutic coagulation proteins; and
                                                    lookback period applies only to                         regarding special accommodations due                  (3) a summary of the FDA workshop on
                                                    submissions to the SRDP received on or                  to a disability, visitor parking, and                 preclinical evaluation of red blood cells
                                                    after March 14, 2016, the effective date                transportation may be accessed at:                    for transfusion.
                                                    of the final overpayment rule; parties                  http://www.fda.gov/                                      FDA intends to make background
                                                    submitting self-disclosures to the SRDP                 AdvisoryCommittees/                                   material available to the public no later
                                                    prior to March 14, 2016 need only                       AboutAdvisoryCommittees/                              than 2 business days before the meeting.
                                                    provide a financial analysis of potential               ucm408555.htm.                                        If FDA is unable to post the background
                                                    overpayments based on a 4-year                          FOR FURTHER INFORMATION CONTACT:                      material on its Web site prior to the
                                                    lookback period.                                        LCDR Bryan Emery or Joanne Lipkind,                   meeting, the background material will
                                                       We are also taking the opportunity to                Division of Scientific Advisors and                   be made publicly available at the
                                                    streamline and simplify the SRDP by                     Consultants, Center for Biologics                     location of the advisory committee
                                                    issuing a required form for SRDP                        Evaluation and Research, Food and                     meeting, and the background material
                                                    submissions. The SRDP Form will                         Drug Administration, 10903 New                        will be posted on FDA’s Web site after
                                                    reduce the burden on disclosing parties                 Hampshire Ave., Silver Spring, MD                     the meeting. Background material is
                                                    by reducing the amount of information                   20993–0002, Bldg. 71, Rm. 6132, at 240–               available at http://www.fda.gov/
                                                    that is required for submissions to the                 402–8054, bryan.emery@fda.hhs.gov                     AdvisoryCommittees/Calendar/
                                                    SRDP and providing a streamlined and                    and 240–402–8106, joanne.lipkind@                     default.htm. Scroll down to the
                                                    standardized format for the presentation                fda.hhs.gov, respectively, or FDA                     appropriate advisory committee meeting
                                                    of the required information. Form                       Advisory Committee Information Line,                  link.
                                                    Number: CMS–10328 (OMB control                          1–800–741–8138 (301–443–0572 in the                      Procedure: Interested persons may
                                                    number: 0938–1106); Frequency:                          Washington, DC area). A notice in the                 present data, information, or views,
                                                    Annually and semi-annually; Affected                    Federal Register about last minute                    orally or in writing, on issues pending
                                                    Public: Private sector (Business or other               modifications that impact a previously                before the committee. Written
                                                    for-profits and Not-for-profits); Number                announced advisory committee meeting                  submissions may be made to the contact
                                                    of Respondents: 200; Total Annual                       cannot always be published quickly                    person on or before November 4, 2016.
                                                    Responses: 200; Total Annual Hours:                     enough to provide timely notice.                      Oral presentations from the public will
                                                    5,000. (For policy questions regarding                  Therefore, you should always check the                be scheduled between approximately 11
                                                    this collection contact Matt Edgar at                   Agency’s Web site at http://                          a.m. to 11:45 a.m. and 4 p.m. to 4:30
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    410–786–0698).                                          www.fda.gov/AdvisoryCommittees/                       p.m. on November 17, 2016. Oral
                                                       Dated: September 2, 2016.                            default.htm and scroll down to the                    presentations from the public will also
                                                    William N. Parham, III,                                 appropriate advisory committee meeting                be scheduled between approximately
                                                    Director, Paperwork Reduction Staff, Office             link, or call the advisory committee                  10:30 a.m. and 11 a.m. and 12:30 p.m.
                                                    of Strategic Operations and Regulatory                  information line to learn about possible              to 1 p.m. on November 18, 2016. Those
                                                    Affairs.                                                modifications before coming to the                    individuals interested in making formal
                                                    [FR Doc. 2016–21625 Filed 9–8–16; 8:45 am]              meeting. For those unable to attend in                oral presentations should notify the
                                                    BILLING CODE 4120–01–P                                  person, the meeting will also be                      contact person and submit a brief


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Document Created: 2018-02-09 13:14:58
Document Modified: 2018-02-09 13:14:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments on the collection(s) of information must be received by the OMB desk officer by October 11, 2016.
ContactReports Clearance Office at (410) 786- 1326.
FR Citation81 FR 62503 

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