81_FR_72795 81 FR 72592 - Agency Information Collection Activities; Public Comment Request; State Annual Long-Term Care Ombudsman Report and Instructions

81 FR 72592 - Agency Information Collection Activities; Public Comment Request; State Annual Long-Term Care Ombudsman Report and Instructions

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Community Living/Administration on Aging

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range72592-72593
FR Document2016-25418

The Administration on Aging (AoA) is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 81 Issue 203 (Thursday, October 20, 2016)
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72592-72593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25418]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Community Living/Administration on Aging


Agency Information Collection Activities; Public Comment Request; 
State Annual Long-Term Care Ombudsman Report and Instructions

AGENCY: Administration for Community Living/Administration on Aging, 
HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Administration on Aging (AoA) is announcing that the 
proposed collection of information listed below has been submitted to 
the Office of Management and Budget (OMB) for review and clearance 
under the Paperwork Reduction Act of 1995.

DATES: Submit written comments on the collection of information by 
November 21, 2016.

ADDRESSES: Submit written comments on the collection of information by 
fax 202.395.5806 or by email to [email protected], Attn: OMB 
Desk Officer for ACL.

FOR FURTHER INFORMATION CONTACT: Louise Ryan, telephone: (206) 615-
2514; email: [email protected]

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, AoA has 
submitted the following proposed collection of information to OMB for 
review and clearance.
    States provide the following data and narrative information in the 
report:
    1. Numbers and descriptions of cases filed and complaints made on 
behalf of long-term care facility residents to the statewide ombudsman 
program;
    2. Major issues identified that impact the quality of care and life 
of long-term care facility residents;
    3. Statewide program operations; and
    4. Ombudsman activities in addition to complaint investigation.
    5. A new requirement to include organizational conflict of interest 
reporting as required by the reauthorized Older Americans Act and the 
LTC Ombudsman program rule CFR 1324.21.
    The report form and instructions have been in continuous use, with 
minor modifications, since they were first approved by OMB for the FY 
1995 reporting period. This current request is for a Revision of a 
Currently Approved Collection (ICR Rev), which will provide approval 
for FFY 2016-2018 with modifications to include organizational conflict 
of interest reporting as required by the reauthorized Older Americans 
Act, Section 712(f) and the LTC Ombudsman program rule CFR 1324.21.
    The data collected on complaints filed with ombudsman programs and 
narrative on long-term care issues provide information to Centers for 
Medicare and Medicaid Services and others on patterns of concerns and 
major long-term care issues affecting residents of long-term care 
facilities. Both the complaint and program data collected assist the 
states and local ombudsman programs in planning strategies and 
activities, providing training and technical assistance and developing 
performance measures.

Comments in Response to the 60 Day Federal Register Notice

    A notice was published in the Federal Register/Vol. 81, No. 126/
Thursday, June 30, 2016 Notices, Pages 42712-42713, announcing that AoA 
was requesting modification of the current form and instructions to 
incorporate conflict of interest reporting requirements, directing 
readers to the AoA Web site where these documents are posted and 
providing an opportunity for public comment. One comment was received 
from the National Association of Ombudsman Programs (NASOP).
    NASOP members disagreed with the burden estimate developed by AoA, 
stating:
    Because an overwhelming majority of state long-term care ombudsman 
programs designate local ombudsman entities, those circumstances lead 
to a greater likelihood of organizational conflicts of interest. The 
burden is compounded by the number of local ombudsman entities within a 
state and will have multiple sources of reporting organizational 
conflicts at local or regional levels up to the states before states 
can report via NORS. Further, because approximately half of state

[[Page 72593]]

long-term care ombudsman programs are housed within an umbrella agency, 
this also increases the likelihood that state programs have multiple 
organizational conflicts that must be identified, remedied or removed, 
and reported via NORS.
    In response to NASOP's concerns about burden estimates, we made a 
change in our estimated burden hours from one-half hour per state to 
one hour per state.
    NASOP requested additions to the instructions and report form such 
as the ability to certify that there was no change in conflicts/
remedies from the previous reporting year; and to allow for the ability 
to report a conflict and remedy that applies to many entities as a 
reporting entry. These suggestions were helpful and were incorporated 
into the instructions and form. They did not affect the estimated 
burden.
    NASOP also recommended that AoA/ACL add a reporting option in a 
check box to indicate a state has identified a conflict, but the 
conflict has not been remedied. We do not intend to take this 
recommendation because it would be contrary to the rule and law which 
require states to identify, remove or remedy conflicts and to report on 
such remedies. ACL is providing on-going technical assistance to states 
on the implementation of the Ombudsman program rule, including 
technical assistance on conflicts of interest and steps to remedy any 
identified conflicts.
    A reporting form and instructions may be viewed in the ombudsman 
section of the AoA Web site: http://www.aoa.acl.gov/AoA_Programs/Elder_Rights/Ombudsman/index.aspx. AoA estimates the burden of this 
collection and entering the additional report information as follows: 
Approximately 10 to 60 minutes per respondent, depending on the number 
of conflicts to report, with 52 state Ombudsman programs responding 
annually. This brings the total burden hours to approximately 7,753 
hours, (149 hours on average per program) with 52 Offices of Long-Term 
Care Ombudsman programs responding annually.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Local Ombudsman      Office of state
                    Summary                            programs            Ombudsman        Total burden hours                 52 Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hours..........................................               132.1                   17                149.1   7,753 hours.
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Dated: October 12, 2016.
Edwin L. Walker,
Acting Administrator and Assistant Secretary for Aging.
[FR Doc. 2016-25418 Filed 10-19-16; 8:45 am]
 BILLING CODE 4154-01-P



                                                  72592                       Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  collection tool may be found on the ACL                 helping elderly people avoid                             3. Statewide program operations; and
                                                  Web site: http://www.aoa.acl.gov/                       institutionalization. The renewal is to                  4. Ombudsman activities in addition
                                                  Program_Results/Program_survey.aspx.                    complete the data collection related to               to complaint investigation.
                                                    The total burden estimate for the                     objective 3.                                             5. A new requirement to include
                                                  remaining data collection is: 482.67                      In response to the 60-day Federal                   organizational conflict of interest
                                                  hours.                                                  Register notice related to this proposed              reporting as required by the
                                                                                                          data collection and published on July                 reauthorized Older Americans Act and
                                                    Dated: October 12, 2016.
                                                                                                          19, 2016, no relevant comments were                   the LTC Ombudsman program rule CFR
                                                  Edwin L. Walker,
                                                                                                          was received. The proposed data                       1324.21.
                                                  Acting Assistant Secretary for Aging.                                                                            The report form and instructions have
                                                                                                          collection tool may be found on the ACL
                                                  [FR Doc. 2016–25416 Filed 10–19–16; 8:45 am]
                                                                                                          Web site: http://www.aoa.acl.gov/                     been in continuous use, with minor
                                                  BILLING CODE 4154–01–P
                                                                                                          Program_Results/Program_survey.aspx.                  modifications, since they were first
                                                                                                            The total burden estimate for the                   approved by OMB for the FY 1995
                                                                                                          remaining data collection is: 192 hours.              reporting period. This current request is
                                                  DEPARTMENT OF HEALTH AND                                                                                      for a Revision of a Currently Approved
                                                  HUMAN SERVICES                                            Dated: October 14, 2016.                            Collection (ICR Rev), which will
                                                                                                          Edwin L. Walker,                                      provide approval for FFY 2016–2018
                                                  Administration for Community Living                     Acting Assistant Secretary for Aging.                 with modifications to include
                                                                                                          [FR Doc. 2016–25414 Filed 10–19–16; 8:45 am]          organizational conflict of interest
                                                  Agency Information Collection
                                                                                                          BILLING CODE 4154–01–P                                reporting as required by the
                                                  Activities; Submission for OMB
                                                                                                                                                                reauthorized Older Americans Act,
                                                  Review; Comment Request; Evaluation
                                                                                                                                                                Section 712(f) and the LTC Ombudsman
                                                  of the Elderly Nutritional Services                     DEPARTMENT OF HEALTH AND                              program rule CFR 1324.21.
                                                  Program                                                 HUMAN SERVICES                                           The data collected on complaints filed
                                                  AGENCY: Administration for Community                                                                          with ombudsman programs and
                                                  Living, HHS.                                            Administration for Community Living/                  narrative on long-term care issues
                                                                                                          Administration on Aging                               provide information to Centers for
                                                  ACTION: Notice.
                                                                                                                                                                Medicare and Medicaid Services and
                                                                                                          Agency Information Collection
                                                  SUMMARY:   The Administration for                                                                             others on patterns of concerns and
                                                                                                          Activities; Public Comment Request;
                                                  Community Living (formerly the                                                                                major long-term care issues affecting
                                                                                                          State Annual Long-Term Care
                                                  Administration on Aging (AoA)) is                                                                             residents of long-term care facilities.
                                                                                                          Ombudsman Report and Instructions
                                                  announcing that the continuation of                                                                           Both the complaint and program data
                                                  collection of information listed below                  AGENCY: Administration for Community                  collected assist the states and local
                                                  has been submitted to the Office of                     Living/Administration on Aging, HHS.                  ombudsman programs in planning
                                                  Management and Budget (OMB) for                         ACTION: Notice.                                       strategies and activities, providing
                                                  review and clearance under the                                                                                training and technical assistance and
                                                  Paperwork Reduction Act of 1995.                        SUMMARY: The Administration on Aging                  developing performance measures.
                                                  DATES: Submit written comments on the                   (AoA) is announcing that the proposed
                                                                                                                                                                Comments in Response to the 60 Day
                                                  collection of information by November                   collection of information listed below
                                                                                                                                                                Federal Register Notice
                                                  21, 2016.                                               has been submitted to the Office of
                                                                                                          Management and Budget (OMB) for                         A notice was published in the Federal
                                                  ADDRESSES: Submit written comments
                                                                                                          review and clearance under the                        Register/Vol. 81, No. 126/Thursday,
                                                  on the collection of information by fax
                                                                                                          Paperwork Reduction Act of 1995.                      June 30, 2016 Notices, Pages 42712–
                                                  202.395.6974 to the OMB Desk Officer
                                                                                                          DATES: Submit written comments on the                 42713, announcing that AoA was
                                                  for ACL, Office of Information and
                                                                                                          collection of information by November                 requesting modification of the current
                                                  Regulatory Affairs, OMB.
                                                                                                          21, 2016.                                             form and instructions to incorporate
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              conflict of interest reporting
                                                  Susan Jenkins, 202.795.7369.                            ADDRESSES: Submit written comments
                                                                                                                                                                requirements, directing readers to the
                                                  SUPPLEMENTARY INFORMATION: In                           on the collection of information by fax
                                                                                                                                                                AoA Web site where these documents
                                                  compliance with 44 U.S.C. 3507, the                     202.395.5806 or by email to OIRA_
                                                                                                                                                                are posted and providing an opportunity
                                                  Administration for Community Living                     submission@omb.eop.gov, Attn: OMB
                                                                                                                                                                for public comment. One comment was
                                                  (Formerly the Administration for Aging)                 Desk Officer for ACL.
                                                                                                                                                                received from the National Association
                                                  has submitted the following proposed                    FOR FURTHER INFORMATION CONTACT:                      of Ombudsman Programs (NASOP).
                                                  collection of information to OMB for                    Louise Ryan, telephone: (206) 615–2514;                 NASOP members disagreed with the
                                                  review and clearance. The data                          email: louise.ryan@acl.hhs.gov                        burden estimate developed by AoA,
                                                  collection associated with the                          SUPPLEMENTARY INFORMATION: In                         stating:
                                                  Evaluation of the Elderly Nutrition                     compliance with 44 U.S.C. 3507, AoA                     Because an overwhelming majority of
                                                  Services Program (ENSP) is necessary to                 has submitted the following proposed                  state long-term care ombudsman
                                                  meet three broad objectives of ACL: (1)                 collection of information to OMB for                  programs designate local ombudsman
                                                  To provide information to support                       review and clearance.                                 entities, those circumstances lead to a
                                                  program planning, including an analysis                    States provide the following data and              greater likelihood of organizational
                                                  of program processes, (2) to develop                    narrative information in the report:                  conflicts of interest. The burden is
mstockstill on DSK3G9T082PROD with NOTICES




                                                  information about program efficiency                       1. Numbers and descriptions of cases               compounded by the number of local
                                                  and cost issues, and (3) to assess                      filed and complaints made on behalf of                ombudsman entities within a state and
                                                  program effectiveness, as measured by                   long-term care facility residents to the              will have multiple sources of reporting
                                                  the program’s effects on a variety of                   statewide ombudsman program;                          organizational conflicts at local or
                                                  important outcomes, including nutrient                     2. Major issues identified that impact             regional levels up to the states before
                                                  adequacy, socialization opportunities,                  the quality of care and life of long-term             states can report via NORS. Further,
                                                  health outcomes, and, ultimately,                       care facility residents;                              because approximately half of state


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                                                                                        Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices                                                     72593

                                                  long-term care ombudsman programs                                          a reporting entry. These suggestions                      A reporting form and instructions
                                                  are housed within an umbrella agency,                                      were helpful and were incorporated into                 may be viewed in the ombudsman
                                                  this also increases the likelihood that                                    the instructions and form. They did not                 section of the AoA Web site: http://
                                                  state programs have multiple                                               affect the estimated burden.                            www.aoa.acl.gov/AoA_Programs/Elder_
                                                  organizational conflicts that must be                                         NASOP also recommended that AoA/                     Rights/Ombudsman/index.aspx. AoA
                                                  identified, remedied or removed, and                                       ACL add a reporting option in a check                   estimates the burden of this collection
                                                  reported via NORS.                                                         box to indicate a state has identified a                and entering the additional report
                                                     In response to NASOP’s concerns                                         conflict, but the conflict has not been                 information as follows: Approximately
                                                  about burden estimates, we made a                                          remedied. We do not intend to take this
                                                                                                                                                                                     10 to 60 minutes per respondent,
                                                  change in our estimated burden hours                                       recommendation because it would be
                                                                                                                                                                                     depending on the number of conflicts to
                                                  from one-half hour per state to one hour                                   contrary to the rule and law which
                                                                                                                             require states to identify, remove or                   report, with 52 state Ombudsman
                                                  per state.
                                                     NASOP requested additions to the                                        remedy conflicts and to report on such                  programs responding annually. This
                                                  instructions and report form such as the                                   remedies. ACL is providing on-going                     brings the total burden hours to
                                                  ability to certify that there was no                                       technical assistance to states on the                   approximately 7,753 hours, (149 hours
                                                  change in conflicts/remedies from the                                      implementation of the Ombudsman                         on average per program) with 52 Offices
                                                  previous reporting year; and to allow for                                  program rule, including technical                       of Long-Term Care Ombudsman
                                                  the ability to report a conflict and                                       assistance on conflicts of interest and                 programs responding annually.
                                                  remedy that applies to many entities as                                    steps to remedy any identified conflicts.

                                                                                                                                              Local Ombudsman           Office of state        Total burden
                                                                                       Summary                                                                                                                   52 Programs
                                                                                                                                                  programs              Ombudsman                 hours

                                                  Hours ...................................................................................        132.1                      17                  149.1       7,753 hours.



                                                    Dated: October 12, 2016.                                                 OMB, Attn: FDA Desk Officer, FAX:                       application sponsors. In addition to Pre-
                                                  Edwin L. Walker,                                                           202–395–7285, or emailed to oira_                       Submissions, the guidance addresses
                                                  Acting Administrator and Assistant Secretary                               submission@omb.eop.gov. All                             other feedback mechanisms including
                                                  for Aging.                                                                 comments should be identified with the                  Informational Meetings, Study Risk
                                                  [FR Doc. 2016–25418 Filed 10–19–16; 8:45 am]                               OMB control number 0910–0756. Also                      Determinations, Formal Early
                                                  BILLING CODE 4154–01–P                                                     include the FDA docket number found                     Collaboration Meetings, and Submission
                                                                                                                             in brackets in the heading of this                      Issue Meetings and the procedures to
                                                                                                                             document.                                               request feedback using these
                                                  DEPARTMENT OF HEALTH AND                                                   FOR FURTHER INFORMATION CONTACT: FDA                    mechanisms.
                                                  HUMAN SERVICES                                                             PRA Staff, Office of Operations, Food                      A Pre-Submission is defined as a
                                                                                                                             and Drug Administration, Three White                    formal written request from an applicant
                                                  Food and Drug Administration                                                                                                       for feedback from FDA to be provided
                                                                                                                             Flint North 10A63, 11601 Landsdown
                                                  [Docket No. FDA–2012–D–0530]                                               St., North Bethesda, MD 20852,                          in the form of a formal written response
                                                                                                                             PRAStaff@fda.hhs.gov.                                   or, if the manufacturer chooses, a
                                                  Agency Information Collection                                              SUPPLEMENTARY INFORMATION: In                           meeting or teleconference in which the
                                                  Activities; Submission for Office of                                       compliance with 44 U.S.C. 3507, FDA                     feedback is documented in meeting
                                                  Management and Budget Review;                                              has submitted the following proposed                    minutes. A Pre-Submission is
                                                  Comment Request; Pre-Submission                                            collection of information to OMB for                    appropriate when FDA’s feedback on
                                                  Program for Medical Devices                                                review and clearance.                                   specific questions is necessary to guide
                                                                                                                                                                                     product development and/or
                                                  AGENCY:        Food and Drug Administration,                               Pre-Submission Program for Medical                      application preparation. The proposed
                                                  HHS.                                                                       Devices—OMB Control Number 0910–                        collections of information are necessary
                                                  ACTION:      Notice.                                                       0756—Extension                                          to allow the Agency to receive Pre-
                                                                                                                               The guidance entitled ‘‘Requests for                  Submission packages in order to
                                                  SUMMARY: The Food and Drug                                                                                                         implement this voluntary submission
                                                                                                                             Feedback on Medical Device
                                                  Administration (FDA) is announcing                                         Submissions: The Pre-Submission                         program.
                                                  that a proposed collection of                                              Program and Meetings with Food and                         For clarity, we are requesting that the
                                                  information has been submitted to the                                      Drug Administration Staff’’ describes                   title of the information collection
                                                  Office of Management and Budget                                            the Pre-Submission program for medical                  request, OMB control number 0910–
                                                  (OMB) for review and clearance under                                       devices reviewed in the Center for                      0756, be changed to ‘‘Pre-Submission
                                                  the Paperwork Reduction Act of 1995.                                       Devices and Radiological Health (CDRH)                  Program for Medical Devices.’’
                                                  DATES: Fax written comments on the                                         and the Center for Biologics Evaluation                    In the Federal Register of July 28,
                                                  collection of information by November                                      and Research (CBER). The guidance                       2016 (81 FR 49678), FDA published a
                                                  21, 2016.                                                                  provides recommendations regarding                      60-day notice requesting public
                                                  ADDRESSES: To ensure that comments on                                      the information that should be                          comment on the proposed collection of
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the information collection are received,                                   submitted in a Pre-Submission package                   information. No comments were
                                                  OMB recommends that written                                                and procedures that should be followed                  received.
                                                  comments be faxed to the Office of                                         for meetings between CDRH and CBER                         FDA estimates the burden of this
                                                  Information and Regulatory Affairs,                                        staff and industry representatives or                   collection of information as follows:




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Document Created: 2016-10-21 09:59:16
Document Modified: 2016-10-21 09:59:16
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.
DatesSubmit written comments on the collection of information by November 21, 2016.
ContactLouise Ryan, telephone: (206) 615- 2514; email: [email protected]
FR Citation81 FR 72592 

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