81_FR_70313 81 FR 70117 - Agency Information Collection Activities: Proposed Collection; Comment Request

81 FR 70117 - Agency Information Collection Activities: Proposed Collection; Comment Request

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

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70117-70118
FR Document2016-24415

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.

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70117-70118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24415]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-R-138 and 10088]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Department of Health 
and Human 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 (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 December 12, 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-R-138 Medicare Geographic Classification Review Board Procedures 
and Criteria
CMS-10088 Notification of FIs and CMS of co-located Medicare providers

    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 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 
Geographic Classification Review Board Procedures and Criteria; Use: 
During the first few years of IPPS, hospitals were paid strictly based 
on their physical geographic location concerning the wage index 
(Metropolitan Statistical Areas (MSAs)) and the standardized amount 
(rural, other urban, or large urban). However, a growing number of 
hospitals became concerned that their payment rates were not providing 
accurate compensation. The hospitals argued that they were not 
competing with the hospitals in their own geographic area, but instead 
that they were competing with hospitals in neighboring geographic 
areas. At that point, Congress enacted Section 1886(d)(10) of the Act 
which enabled hospitals to apply to be considered part of neighboring 
geographic areas for payment purposes based on certain criteria. The 
application and decision process is administered by the MGCRB which is 
not a part of CMS so that CMS could not be accused of any untoward 
action. However, CMS needs to remain apprised of any potential payment 
changes. Hospitals are required to provide CMS with copy of any 
applications that they made to the MGCRB. CMS also developed the 
guidelines for the MGCRB that were the interim final issue of the 
Federal Register, and must ensure that the MGCRB properly applied the 
guidelines. This check and balance process also contributes to limiting 
the

[[Page 70118]]

number of hospitals that ultimately need to appeal their MGCRB 
decisions to the CMS Administrator. Form Number: CMS-R-138 (OMB control 
number: 0938-0573); Frequency: Occasionally; Affected Public: 
Businesses or other for-profits and Not-for-profit institutions; Number 
of Respondents: 300; Total Annual Responses: 300; Total Annual Hours: 
300. (For policy questions regarding this collection contact Noel 
Manlove at 410-786-5161.)
    2. Type of Information Collection Request: Reinstatement of a 
previously approved collection; Title of Information Collection: 
Notification of FIs and CMS of co-located Medicare providers; Use: Many 
long-term care hospitals (LTCHs) are co-located with other Medicare 
providers (acute care hospitals, IRFs, SNFs, psychiatric facilities), 
which leads to potential gaming of the Medicare system based on patient 
shifting. In regulations at 42 CFR 412.22(e)(3) and (h)(6) and 
412.532(i), CMS is requiring LTCHs to notify Medicare Administrative 
Contractors (MACs) and CMS of co-located providers in order to 
establish policies to limit payment abuse that will be based on FIs 
tracking patient movement among these co-located providers. Form 
Number: CMS-10088 (OMB control number: 0938-0897); Frequency: Annually; 
Affected Public: Businesses or other for-profits and Not-for-profit 
institutions; Number of Respondents: 25; Total Annual Responses: 25; 
Total Annual Hours: 6. (For policy questions regarding this collection 
contact Emily Lipkin at 410-786-3633.)

    Dated: October 4, 2016.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2016-24415 Filed 10-7-16; 8:45 am]
 BILLING CODE 4120-01-P



                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                         70117

                                                    System of Records Notice (SORN)                         any of the following subjects: (1) The                CMS–10088 Notification of FIs and
                                                    published at 78 Federal Register (FR)                   necessity and utility of the proposed                   CMS of co-located Medicare providers
                                                    63211 (Oct. 23, 2013).                                  information collection for the proper                   Under the PRA (44 U.S.C. 3501–
                                                      The OPM System of Records for this                    performance of the agency’s functions;                3520), federal agencies must obtain
                                                    matching program is titled ‘‘General                    (2) the accuracy of the estimated                     approval from the Office of Management
                                                    Personnel Records’’ (OPM/GOVT–1),                       burden; (3) ways to enhance the quality,              and Budget (OMB) for each collection of
                                                    published at 77 Federal Register, 73694                 utility, and clarity of the information to            information they conduct or sponsor.
                                                    (December 11, 2012). OPM will submit                    be collected; and (4) the use of                      The term ‘‘collection of information’’ is
                                                    to CMS a monthly Status File that is a                  automated collection techniques or                    defined in 44 U.S.C. 3502(3) and 5 CFR
                                                    full refresh of all Federal employee                    other forms of information technology to              1320.3(c) and includes agency requests
                                                    health care insurance information. OPM                  minimize the information collection                   or requirements that members of the
                                                    also will submit to CMS, on an annual                   burden.                                               public submit reports, keep records, or
                                                    basis, a Premium Spread Index File that                                                                       provide information to a third party.
                                                                                                            DATES:  Comments must be received by
                                                    provides information identifying the                                                                          Section 3506(c)(2)(A) of the PRA
                                                                                                            December 12, 2016.
                                                    lowest self-only premium for an OPM                                                                           requires federal agencies to publish a
                                                    FEHB plan available to a Federal                        ADDRESSES: When commenting, please
                                                                                                            reference the document identifier or                  60-day notice in the Federal Register
                                                    employee in each State as well as                                                                             concerning each proposed collection of
                                                    national OPM FEHB plans.                                OMB control number. To be assured
                                                                                                            consideration, comments and                           information, including each proposed
                                                    Inclusive Dates of the Match                            recommendations must be submitted in                  extension or reinstatement of an existing
                                                                                                            any one of the following ways:                        collection of information, before
                                                      The CMP will become effective no
                                                                                                              1. Electronically. You may send your                submitting the collection to OMB for
                                                    sooner than 40 days after the report of
                                                                                                            comments electronically to http://                    approval. To comply with this
                                                    the matching program is sent to 0MB, 30
                                                                                                            www.regulations.gov. Follow the                       requirement, CMS is publishing this
                                                    days after a copy of the matching
                                                                                                            instructions for ‘‘Comment or                         notice.
                                                    agreement is transmitted to Congress, or
                                                    30 days after publication in the Federal                Submission’’ or ‘‘More Search Options’’               Information Collection
                                                    Register, whichever is later. The                       to find the information collection
                                                                                                            document(s) that are accepting                           1. Type of Information Collection
                                                    matching program will continue for 18                                                                         Request: Extension of a currently
                                                    months from the effective date and may                  comments.
                                                                                                              2. By regular mail. You may mail                    approved collection; Title of
                                                    be extended for an additional 12 months                                                                       Information Collection: Medicare
                                                    thereafter, if certain conditions are met.              written comments to the following
                                                                                                            address: CMS, Office of Strategic                     Geographic Classification Review Board
                                                    [FR Doc. 2016–24387 Filed 10–7–16; 8:45 am]                                                                   Procedures and Criteria; Use: During the
                                                                                                            Operations and Regulatory Affairs,
                                                    BILLING CODE 4120–03–P
                                                                                                            Division of Regulations Development,                  first few years of IPPS, hospitals were
                                                                                                            Attention: Document Identifier/OMB                    paid strictly based on their physical
                                                                                                            Control Number llRoom C4–26–05,                       geographic location concerning the
                                                    DEPARTMENT OF HEALTH AND                                                                                      wage index (Metropolitan Statistical
                                                    HUMAN SERVICES                                          7500 Security Boulevard, Baltimore,
                                                                                                            Maryland 21244–1850.                                  Areas (MSAs)) and the standardized
                                                                                                              To obtain copies of a supporting                    amount (rural, other urban, or large
                                                    Centers for Medicare & Medicaid
                                                                                                            statement and any related forms for the               urban). However, a growing number of
                                                    Services
                                                                                                            proposed collection(s) summarized in                  hospitals became concerned that their
                                                    [Document Identifier: CMS–R–138 and                     this notice, you may make your request                payment rates were not providing
                                                    10088]                                                                                                        accurate compensation. The hospitals
                                                                                                            using one of following:
                                                                                                              1. Access CMS’ Web site address at                  argued that they were not competing
                                                    Agency Information Collection                                                                                 with the hospitals in their own
                                                    Activities: Proposed Collection;                        http://www.cms.hhs.gov/
                                                                                                            PaperworkReductionActof1995.                          geographic area, but instead that they
                                                    Comment Request                                                                                               were competing with hospitals in
                                                                                                              2. Email your request, including your
                                                    AGENCY: Centers for Medicare &                          address, phone number, OMB number,                    neighboring geographic areas. At that
                                                    Medicaid Services, Department of                        and CMS document identifier, to                       point, Congress enacted Section
                                                    Health and Human Services.                              Paperwork@cms.hhs.gov.                                1886(d)(10) of the Act which enabled
                                                    ACTION: Notice.                                           3. Call the Reports Clearance Office at             hospitals to apply to be considered part
                                                                                                            (410) 786–1326.                                       of neighboring geographic areas for
                                                    SUMMARY:   The Centers for Medicare &                                                                         payment purposes based on certain
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    Medicaid Services (CMS) is announcing                                                                         criteria. The application and decision
                                                                                                            Reports Clearance Office at (410) 786–
                                                    an opportunity for the public to                                                                              process is administered by the MGCRB
                                                                                                            1326.
                                                    comment on CMS’ intention to collect                                                                          which is not a part of CMS so that CMS
                                                    information from the public. Under the                  SUPPLEMENTARY INFORMATION:                            could not be accused of any untoward
                                                    Paperwork Reduction Act of 1995 (the                    Contents                                              action. However, CMS needs to remain
                                                    PRA), federal agencies are required to                                                                        apprised of any potential payment
                                                    publish notice in the Federal Register                    This notice sets out a summary of the               changes. Hospitals are required to
                                                    concerning each proposed collection of                  use and burden associated with the                    provide CMS with copy of any
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    information (including each proposed                    following information collections. More               applications that they made to the
                                                    extension or reinstatement of an existing               detailed information can be found in                  MGCRB. CMS also developed the
                                                    collection of information) and to allow                 each collection’s supporting statement                guidelines for the MGCRB that were the
                                                    60 days for public comment on the                       and associated materials (see                         interim final issue of the Federal
                                                    proposed action. Interested persons are                 ADDRESSES).                                           Register, and must ensure that the
                                                    invited to send comments regarding our                  CMS–R–138 Medicare Geographic                         MGCRB properly applied the
                                                    burden estimates or any other aspect of                   Classification Review Board                         guidelines. This check and balance
                                                    this collection of information, including                 Procedures and Criteria                             process also contributes to limiting the


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                                                    70118                        Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                    number of hospitals that ultimately                     ‘‘Sunscreen Innovation Act: Section                     • If you want to submit a comment
                                                    need to appeal their MGCRB decisions                    586C(c) Advisory Committee Process.’’                 with confidential information that you
                                                    to the CMS Administrator. Form                          This guidance explains the process by                 do not wish to be made available to the
                                                    Number: CMS–R–138 (OMB control                          which FDA intends to carry out the                    public, submit the comment as a
                                                    number: 0938–0573); Frequency:                          section of the Federal Food, Drug, and                written/paper submission and in the
                                                    Occasionally; Affected Public:                          Cosmetic Act (the FD&C Act), as                       manner detailed (see ‘‘Written/Paper
                                                    Businesses or other for-profits and Not-                amended by the Sunscreen Innovation                   Submissions’’ and ‘‘Instructions’’).
                                                    for-profit institutions; Number of                      Act (SIA), which governs the convening                Written/Paper Submissions
                                                    Respondents: 300; Total Annual                          of advisory committees to provide
                                                    Responses: 300; Total Annual Hours:                     recommendations on requests submitted                    Submit written/paper submissions as
                                                    300. (For policy questions regarding this               under the SIA regarding                               follows:
                                                    collection contact Noel Manlove at 410–                 nonprescription sunscreen active                         • Mail/Hand delivery/Courier (for
                                                    786–5161.)                                              ingredients and the number of requests                written/paper submissions): Division of
                                                      2. Type of Information Collection                     to be considered per meeting. The                     Dockets Management (HFA–305), Food
                                                    Request: Reinstatement of a previously                  recommendations in this guidance                      and Drug Administration, 5630 Fishers
                                                    approved collection; Title of                           apply to 586A requests submitted under                Lane, Rm. 1061, Rockville, MD 20852.
                                                    Information Collection: Notification of                                                                          • For written/paper comments
                                                                                                            the FD&C Act and to pending requests
                                                    FIs and CMS of co-located Medicare                                                                            submitted to the Division of Dockets
                                                                                                            as defined by the SIA that seek a
                                                    providers; Use: Many long-term care                                                                           Management, FDA will post your
                                                                                                            determination from FDA on whether a
                                                    hospitals (LTCHs) are co-located with                                                                         comment, as well as any attachments,
                                                                                                            nonprescription sunscreen active
                                                    other Medicare providers (acute care                                                                          except for information submitted,
                                                                                                            ingredient, or a combination of
                                                    hospitals, IRFs, SNFs, psychiatric                                                                            marked and identified, as confidential,
                                                                                                            nonprescription sunscreen active
                                                    facilities), which leads to potential                                                                         if submitted as detailed in
                                                                                                            ingredients, is generally recognized as
                                                    gaming of the Medicare system based on                                                                        ‘‘Instructions.’’
                                                                                                            safe and effective (GRASE) for use under                 Instructions: All submissions received
                                                    patient shifting. In regulations at 42 CFR              specified conditions and should be
                                                    412.22(e)(3) and (h)(6) and 412.532(i),                                                                       must include the Docket No. FDA–
                                                                                                            included in the over-the-counter (OTC)                2015–D–3990 for ‘‘Sunscreen
                                                    CMS is requiring LTCHs to notify                        sunscreen drug monograph. The SIA
                                                    Medicare Administrative Contractors                                                                           Innovation Act: Section 586C(c)
                                                                                                            describes specific circumstances under                Advisory Committee Process.’’ Received
                                                    (MACs) and CMS of co-located                            which FDA is not required to convene
                                                    providers in order to establish policies                                                                      comments will be placed in the docket
                                                                                                            or submit requests to the                             and, except for those submitted as
                                                    to limit payment abuse that will be                     Nonprescription Drugs Advisory
                                                    based on FIs tracking patient movement                                                                        ‘‘Confidential Submissions,’’ publicly
                                                                                                            Committee (NDAC). We are issuing this                 viewable at http://www.regulations.gov
                                                    among these co-located providers. Form                  guidance pursuant to the SIA, which
                                                    Number: CMS–10088 (OMB control                                                                                or at the Division of Dockets
                                                                                                            directs FDA to issue guidance on four                 Management between 9 a.m. and 4 p.m.,
                                                    number: 0938–0897); Frequency:                          topics, including the topic discussed in
                                                    Annually; Affected Public: Businesses                                                                         Monday through Friday.
                                                                                                            this guidance. This guidance finalizes                   • Confidential Submissions—To
                                                    or other for-profits and Not-for-profit                 the draft guidance on the same topic                  submit a comment with confidential
                                                    institutions; Number of Respondents:                    issued on November 23, 2015.                          information that you do not wish to be
                                                    25; Total Annual Responses: 25; Total
                                                                                                            DATES: Submit either electronic or                    made publicly available, submit your
                                                    Annual Hours: 6. (For policy questions
                                                                                                            written comments on Agency guidances                  comments only as a written/paper
                                                    regarding this collection contact Emily
                                                                                                            at any time.                                          submission. You should submit two
                                                    Lipkin at 410–786–3633.)
                                                                                                            ADDRESSES: You may submit comments                    copies total. One copy will include the
                                                       Dated: October 4, 2016.                              as follows:                                           information you claim to be confidential
                                                    William N. Parham, III,                                                                                       with a heading or cover note that states
                                                    Director, Paperwork Reduction Staff, Office             Electronic Submissions                                ‘‘THIS DOCUMENT CONTAINS
                                                    of Strategic Operations and Regulatory                    Submit electronic comments in the                   CONFIDENTIAL INFORMATION.’’ The
                                                    Affairs.                                                following way:                                        Agency will review this copy, including
                                                    [FR Doc. 2016–24415 Filed 10–7–16; 8:45 am]               • Federal eRulemaking Portal: http://               the claimed confidential information, in
                                                    BILLING CODE 4120–01–P                                  www.regulations.gov. Follow the                       its consideration of comments. The
                                                                                                            instructions for submitting comments.                 second copy, which will have the
                                                                                                            Comments submitted electronically,                    claimed confidential information
                                                    DEPARTMENT OF HEALTH AND                                including attachments, to http://                     redacted/blacked out, will be available
                                                    HUMAN SERVICES                                          www.regulations.gov will be posted to                 for public viewing and posted on http://
                                                                                                            the docket unchanged. Because your                    www.regulations.gov. Submit both
                                                    Food and Drug Administration
                                                                                                            comment will be made public, you are                  copies to the Division of Dockets
                                                    [Docket No. FDA–2015–D–3990]                            solely responsible for ensuring that your             Management. If you do not wish your
                                                                                                            comment does not include any                          name and contact information to be
                                                    Sunscreen Innovation Act: Section                       confidential information that you or a                made publicly available, you can
                                                    586C(c) Advisory Committee Process;                     third party may not wish to be posted,                provide this information on the cover
                                                    Guidance for Industry; Availability                     such as medical information, your or                  sheet and not in the body of your
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    AGENCY:    Food and Drug Administration,                anyone else’s Social Security number, or              comments and you must identify this
                                                    HHS.                                                    confidential business information, such               information as ‘‘confidential.’’ Any
                                                    ACTION:   Notice of availability.                       as a manufacturing process. Please note               information marked as ‘‘confidential’’
                                                                                                            that if you include your name, contact                will not be disclosed except in
                                                    SUMMARY:  The Food and Drug                             information, or other information that                accordance with 21 CFR 10.20 and other
                                                    Administration (FDA or Agency) is                       identifies you in the body of your                    applicable disclosure law. For more
                                                    announcing the availability of a                        comments, that information will be                    information about FDA’s posting of
                                                    guidance for industry entitled                          posted on http://www.regulations.gov.                 comments to public dockets, see 80 FR


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Document Created: 2018-02-13 16:33:37
Document Modified: 2018-02-13 16:33:37
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 must be received by December 12, 2016.
ContactReports Clearance Office at (410) 786- 1326.
FR Citation81 FR 70117 

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