81_FR_77160 81 FR 76946 - Agency Information Collection Activities: Submission for OMB Review; Comment Request

81 FR 76946 - 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 214 (November 4, 2016)

Page Range76946-76947
FR Document2016-26743

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 214 (Friday, November 4, 2016)
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 76946-76947]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26743]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10191 and CMS-10305]


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

AGENCY: Centers for Medicare & Medicaid Services, HHS.

ACTION: Notice.

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

SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect information from the public. Under the Paperwork Reduction 
Act of 1995 (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

[[Page 76947]]

minimize the information collection burden.

DATES: Comments on the collection(s) of information must be received by 
the OMB desk officer by December 5, 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 Parts C 
and D Program Audit Protocols and Data Requests; Use: Under the 
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 
and implementing regulations at 42 CFR parts 422 and 423, Medicare Part 
D plan sponsors and Medicare Advantage organizations are required to 
comply with all Medicare Parts C and D program requirements. In 2010, 
the explosive growth of these sponsoring organizations forced CMS to 
develop an audit strategy to ensure we continue to obtain meaningful 
audit results. As a result, CMS' audit strategy reflected a move to a 
more targeted, data-driven and risk-based audit approach. We focused on 
high-risk areas that have the greatest potential for beneficiary harm.
    To maximize resources, CMS will focus on assisting the industry to 
improve their operations to ensure beneficiaries receive access to 
care. One way to accomplish this is CMS will develop an annual audit 
strategy which describes how sponsors will be selected for audit and 
the areas that will be audited. CMS has developed several audit 
protocols and these are posted to the CMS Web site each year for use by 
sponsors to prepare for their audit. Currently CMS utilizes the 
following 7 protocols to audit sponsor performance: Formulary 
Administration (FA), Coverage Determinations, Appeals & Grievances 
(CDAG), Organization Determination, Appeals and Grievances (ODAG), 
Special Needs Model of Care (SNPMOC) (only administered on 
organizations who operate SNPs), Compliance Program Effectiveness 
(CPE), Medication Therapy Management (MTM) and Provider Network 
Accuracy (PNA). The data collected is detailed in each of these 
protocols and the exact fields are located in the record layouts, at 
the end of each protocol. In addition, questionnaires are distributed 
as part of our CDAG, ODAG and CPE audits. These questionnaires are also 
included in this package.
    As part of a robust audit process, CMS also requires sponsors who 
have been audited and found to have deficiencies to undergo a 
validation audit to ensure correction. The validation audit utilizes 
the same audit protocols, but only tests the elements where 
deficiencies were found, as opposed to re-administering the entire 
audit. Finally, to assist in improving the audit process, CMS sends 
sponsors a link to a survey (Appendix D) at the end of each audit to 
complete in order to obtain the sponsors' feedback. The sponsor is not 
required to complete the survey. Form Number: CMS-10191 (OMB control 
number: 0938-1000); Frequency: Yearly; Affected Public: Private Sector 
(business or other for-profit and not-for-profit institutions); Number 
of Respondents: 40; Total Annual Responses: 40; Total Annual Hours: 
13,640. (For policy questions regarding this collection contact Dawn 
Johnson at 410-786-3159.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicare Part C 
and Part D Data Validation (42 CFR 422.516(g) and 423.514(g)); Use: 
Organizations contracted to offer Medicare Part C and Part D benefits 
are required to report data to us on a variety of measures. For the 
data to be useful for monitoring and performance measurement, the data 
must be reliable, valid, complete, and comparable among sponsoring 
organizations. To meet this goal, we have developed reporting standards 
and data validation specifications with respect to the Part C and Part 
D reporting requirements. These standards provide a review process for 
Medicare Advantage Organizations, Cost Plans, and Part D sponsors to 
use to conduct data validation checks on their reported Part C and Part 
D data.
    The FDCF is revised for the 2017 and 2018 DV collection periods by 
changing the scoring of six standards from a binary scale to a five-
point Likert-type scale. This change is expected to improve the 
precision of the data validation scores by increasing overall variation 
in total scores among the MAOs and PDPs. The revision is not expected 
to alter resource requirements, since the assessment by DV contractors 
in scoring standards will continue to be based on the percentage of 
records that meet the standards. Form Number: CMS-10305 (OMB control 
number: 0938-1115); Frequency: Yearly; Affected Public: Private 
sector--Business or other for-profits; Number of Respondents: 639; 
Total Annual Responses: 639; Total Annual Hours: 209,271. (For policy 
questions regarding this collection contact Terry Lied at 410-786-
8973.)

    Dated: November 1, 2016.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2016-26743 Filed 11-3-16; 8:45 am]
 BILLING CODE 4120-01-P



                                                    76946                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices

                                                    submitting the collection to OMB for                    18,284. (For policy questions regarding               network review during any of the
                                                    approval. To comply with this                           this collection contact Jacqueline Leach              triggering events listed on page one, the
                                                    requirement, CMS is publishing this                     at 410–786–4282.)                                     three-year anniversary date for that
                                                    notice.                                                    3. Type of Information Collection                  contract will be reset, and CMS will
                                                                                                            Request: New collection (Request for a                maintain an HPMS report to keep track
                                                    Information Collection
                                                                                                            new OMB control number); Title of                     of this date for every active network-
                                                      1. Type of Information Collection                     Information Collection: Three-Year                    based contract. Form Number: CMS–
                                                    Request: Revision of a currently                        Network Adequacy Review for Medicare                  10636 (OMB control number 0938-
                                                    approved collection; Title of                           Advantage Organizations; Use: The CMS                 New); Frequency: Yearly; Affected
                                                    Information Collection: ICF/IID Survey                                                                        Public: Private sector (Business or other
                                                                                                            regulations at 42 CFR 422.112(a)(1)(i)
                                                    Report Form and Supporting                                                                                    for-profits); Number of Respondents:
                                                                                                            and § 422.114(a)(3)(ii) require that all
                                                    Regulations; Use: The information                                                                             484; Total Annual Responses: 1,652;
                                                                                                            Medicare Advantage organizations
                                                    collected with forms 3070G–I is used to                                                                       Total Annual Hours: 15,692. (For policy
                                                                                                            (MAOs) offering coordinated care plans
                                                    determine the level of compliance with                                                                        questions regarding this collection
                                                                                                            (e.g., HMO, PPO) or other network-
                                                    Intermediate Care Facilities for                                                                              contact Theresa Wachter at 410–786–
                                                                                                            based plans (e.g., network-based PFFS,
                                                    Individuals with Intellectual Disabilities                                                                    1157.)
                                                                                                            network-based MSA, section 1876 cost
                                                    (ICF/IID) CoPs necessary to participate
                                                                                                            plan) maintain a network of appropriate                  Dated: November 1, 2016.
                                                    in the Medicare/Medicaid program.
                                                                                                            providers that is sufficient to provide               William N. Parham, III,
                                                    Information needed to monitor the
                                                    State’s performance as well as the ICF/                 adequate access to covered services to                Director, Paperwork Reduction Staff, Office
                                                    IID program in general, is available to                 meet the needs of the population served.              of Strategic Operations and Regulatory
                                                    CMS only through the use of                             To enforce this requirement, CMS has                  Affairs.
                                                    information abstracted from the survey                  developed network adequacy criteria,                  [FR Doc. 2016–26745 Filed 11–3–16; 8:45 am]
                                                    report form. The form serves as a coding                which sets forth the minimum number                   BILLING CODE 4120–01–P
                                                    worksheet designed to facilitate data                   of providers and maximum travel time
                                                    entry and retrieval into the Automated                  and distance from enrollees to
                                                    Survey Processing Environment Suite                     providers, for each provider specialty                DEPARTMENT OF HEALTH AND
                                                    (ASPEN) in the State and at the CMS                     type in each county in the United States              HUMAN SERVICES
                                                    regional offices. Form Number: CMS–                     and its territories. MAOs must be in
                                                    3070G–I (OMB Control Number: 0938–                      compliance with the current CMS                       Centers for Medicare & Medicaid
                                                    0062); Frequency: Reporting—Yearly;                     network adequacy criteria. This                       Services
                                                    Affected Public: Private Sector: Business               proposed collection of information is
                                                                                                            essential to appropriate and timely                   [Document Identifiers: CMS–10191 and
                                                    or other for-profits and Not-for-profit                                                                       CMS–10305]
                                                    institutions; Number of Respondents:                    compliance monitoring by CMS, in
                                                    6,310; Total Annual Responses: 6,310;                   order to ensure that all active MAO
                                                                                                                                                                  Agency Information Collection
                                                    Total Annual Hours: 18,930. (For policy                 contracts offering network-based plans
                                                                                                                                                                  Activities: Submission for OMB
                                                    questions regarding this collection                     maintain an adequate network.
                                                                                                                                                                  Review; Comment Request
                                                    contact Melissa Rice at 410–786–3270.)                  Currently, CMS verifies that MAOs are
                                                       2. Type of Information Collection                    compliant with the current CMS                        AGENCY: Centers for Medicare &
                                                    Request: Revision of a currently                        network adequacy criteria by                          Medicaid Services, HHS.
                                                    approved collection; Title of                           performing a contract-level network                   ACTION: Notice.
                                                    Information Collection: Conditions for                  review, which occurs when CMS
                                                    Certification for Rural Health Clinics;                 requests that an MAO upload provider                  SUMMARY:    The Centers for Medicare &
                                                    Use: The Rural Health Clinic (RHC)                      and facility Health Service Delivery                  Medicaid Services (CMS) is announcing
                                                    conditions of certification are based on                (HSD) tables for a given contract to the              an opportunity for the public to
                                                    criteria prescribed in law and are                      Health Plan Management System                         comment on CMS’ intention to collect
                                                    designed to ensure that each facility has               (HPMS). If an MAO does not have its                   information from the public. Under the
                                                    a properly trained staff to provide                     contract-level network formally                       Paperwork Reduction Act of 1995
                                                    appropriate care and to assure a safe                   reviewed by CMS after the initial                     (PRA), federal agencies are required to
                                                    physical environment for patients. We                   contract application process, then there              publish notice in the Federal Register
                                                    use these conditions of participation to                is no CMS requirement for a network                   concerning each proposed collection of
                                                    certify RHCs wishing to participate in                  adequacy review unless one of the                     information, including each proposed
                                                    the Medicare program. These                             above listed triggering events occurs.                extension or reinstatement of an existing
                                                    requirements are similar in intent to                   Therefore, CMS is proposing this                      collection of information, and to allow
                                                    standards developed by industry                         collection of information in order to                 a second opportunity for public
                                                    organizations such as the Joint                         improve monitoring of MAOs’ network                   comment on the notice. Interested
                                                    Commission on Accreditation of                          adequacy. This collection of information              persons are invited to send comments
                                                    Hospitals, and the National League of                   requires the uploading of HSD tables to               regarding the burden estimate or any
                                                    Nursing and the American Public                         the Network Management Module                         other aspect of this collection of
                                                    Association and merely reflect accepted                 (NMM) in HPMS for any contract that                   information, including any of the
                                                    standards of management and care to                     has not had an entire network review                  following subjects: The necessity and
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                                                    which rural health clinics must adhere.                 performed by CMS in the previous three                utility of the proposed information
                                                    Form Number: CMS–R–38 (OMB control                      years of contract operation. The                      collection for the proper performance of
                                                    number: 0938–0334); Frequency:                          collection process will occur at the                  the agency’s functions; the accuracy of
                                                    Recordkeeping and Reporting—                            contract level for each MAO that                      the estimated burden; ways to enhance
                                                    Annually; Affected Public: Business or                  qualifies, and CMS will assess each                   the quality, utility, and clarity of the
                                                    other for-profits; Number of                            contract against the current CMS                      information to be collected; and the use
                                                    Respondents: 4,247; Total Annual                        network adequacy criteria. Each time an               of automated collection techniques or
                                                    Responses: 4,247; Total Annual Hours:                   MAO’s contract undergoes an entire                    other forms of information technology to


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                                                                                 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices                                                 76947

                                                    minimize the information collection                     Modernization Act of 2003 and                         Hours: 13,640. (For policy questions
                                                    burden.                                                 implementing regulations at 42 CFR                    regarding this collection contact Dawn
                                                    DATES: Comments on the collection(s) of                 parts 422 and 423, Medicare Part D plan               Johnson at 410–786–3159.)
                                                    information must be received by the                     sponsors and Medicare Advantage                         2. Type of Information Collection
                                                    OMB desk officer by December 5, 2016.                   organizations are required to comply
                                                                                                                                                                  Request: Revision of a currently
                                                                                                            with all Medicare Parts C and D
                                                    ADDRESSES: When commenting on the                                                                             approved collection; Title of
                                                                                                            program requirements. In 2010, the
                                                    proposed information collections,                       explosive growth of these sponsoring                  Information Collection: Medicare Part C
                                                    please reference the document identifier                organizations forced CMS to develop an                and Part D Data Validation (42 CFR
                                                    or OMB control number. To be assured                    audit strategy to ensure we continue to               422.516(g) and 423.514(g)); Use:
                                                    consideration, comments and                             obtain meaningful audit results. As a                 Organizations contracted to offer
                                                    recommendations must be received by                     result, CMS’ audit strategy reflected a               Medicare Part C and Part D benefits are
                                                    the OMB desk officer via one of the                     move to a more targeted, data-driven                  required to report data to us on a variety
                                                    following transmissions: OMB, Office of                 and risk-based audit approach. We                     of measures. For the data to be useful for
                                                    Information and Regulatory Affairs,                     focused on high-risk areas that have the              monitoring and performance
                                                    Attention: CMS Desk Officer, Fax                        greatest potential for beneficiary harm.              measurement, the data must be reliable,
                                                    Number: (202) 395–5806 OR, Email:                          To maximize resources, CMS will                    valid, complete, and comparable among
                                                    OIRA_submission@omb.eop.gov.                            focus on assisting the industry to                    sponsoring organizations. To meet this
                                                      To obtain copies of a supporting                      improve their operations to ensure                    goal, we have developed reporting
                                                    statement and any related forms for the                 beneficiaries receive access to care. One             standards and data validation
                                                    proposed collection(s) summarized in                    way to accomplish this is CMS will                    specifications with respect to the Part C
                                                    this notice, you may make your request                  develop an annual audit strategy which                and Part D reporting requirements.
                                                    using one of following:                                 describes how sponsors will be selected               These standards provide a review
                                                      1. Access CMS’ Web site address at                    for audit and the areas that will be
                                                    http://www.cms.hhs.gov/                                                                                       process for Medicare Advantage
                                                                                                            audited. CMS has developed several
                                                    PaperworkReductionActof1995.                                                                                  Organizations, Cost Plans, and Part D
                                                                                                            audit protocols and these are posted to
                                                      2. Email your request, including your                 the CMS Web site each year for use by                 sponsors to use to conduct data
                                                    address, phone number, OMB number,                      sponsors to prepare for their audit.                  validation checks on their reported Part
                                                    and CMS document identifier, to                         Currently CMS utilizes the following 7                C and Part D data.
                                                    Paperwork@cms.hhs.gov.                                  protocols to audit sponsor performance:                 The FDCF is revised for the 2017 and
                                                      3. Call the Reports Clearance Office at               Formulary Administration (FA),                        2018 DV collection periods by changing
                                                    (410) 786–1326.                                         Coverage Determinations, Appeals &                    the scoring of six standards from a
                                                    FOR FURTHER INFORMATION CONTACT:                        Grievances (CDAG), Organization                       binary scale to a five-point Likert-type
                                                    Reports Clearance Office at (410) 786–                  Determination, Appeals and Grievances                 scale. This change is expected to
                                                    1326.                                                   (ODAG), Special Needs Model of Care                   improve the precision of the data
                                                                                                            (SNPMOC) (only administered on                        validation scores by increasing overall
                                                    SUPPLEMENTARY INFORMATION:     Under the                organizations who operate SNPs),
                                                    Paperwork Reduction Act of 1995 (PRA)                                                                         variation in total scores among the
                                                                                                            Compliance Program Effectiveness                      MAOs and PDPs. The revision is not
                                                    (44 U.S.C. 3501–3520), federal agencies                 (CPE), Medication Therapy Management
                                                    must obtain approval from the Office of                                                                       expected to alter resource requirements,
                                                                                                            (MTM) and Provider Network Accuracy
                                                    Management and Budget (OMB) for each                                                                          since the assessment by DV contractors
                                                                                                            (PNA). The data collected is detailed in
                                                    collection of information they conduct                  each of these protocols and the exact                 in scoring standards will continue to be
                                                    or sponsor. The term ‘‘collection of                    fields are located in the record layouts,             based on the percentage of records that
                                                    information’’ is defined in 44 U.S.C.                   at the end of each protocol. In addition,             meet the standards. Form Number:
                                                    3502(3) and 5 CFR 1320.3(c) and                         questionnaires are distributed as part of             CMS–10305 (OMB control number:
                                                    includes agency requests or                             our CDAG, ODAG and CPE audits.                        0938–1115); Frequency: Yearly; Affected
                                                    requirements that members of the public                 These questionnaires are also included                Public: Private sector—Business or other
                                                    submit reports, keep records, or provide                in this package.                                      for-profits; Number of Respondents:
                                                    information to a third party. Section                      As part of a robust audit process, CMS             639; Total Annual Responses: 639; Total
                                                    3506(c)(2)(A) of the PRA (44 U.S.C.                     also requires sponsors who have been                  Annual Hours: 209,271. (For policy
                                                    3506(c)(2)(A)) requires federal agencies                audited and found to have deficiencies                questions regarding this collection
                                                    to publish a 30-day notice in the                       to undergo a validation audit to ensure               contact Terry Lied at 410–786–8973.)
                                                    Federal Register concerning each                        correction. The validation audit utilizes
                                                    proposed collection of information,                                                                              Dated: November 1, 2016.
                                                                                                            the same audit protocols, but only tests
                                                    including each proposed extension or                    the elements where deficiencies were                  William N. Parham, III,
                                                    reinstatement of an existing collection                 found, as opposed to re-administering                 Director, Paperwork Reduction Staff, Office
                                                    of information, before submitting the                   the entire audit. Finally, to assist in               of Strategic Operations and Regulatory
                                                    collection to OMB for approval. To                      improving the audit process, CMS sends                Affairs.
                                                    comply with this requirement, CMS is                    sponsors a link to a survey (Appendix                 [FR Doc. 2016–26743 Filed 11–3–16; 8:45 am]
                                                    publishing this notice that summarizes                  D) at the end of each audit to complete               BILLING CODE 4120–01–P
                                                    the following proposed collection(s) of                 in order to obtain the sponsors’
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    information for public comment:                         feedback. The sponsor is not required to
                                                      1. Type of Information Collection                     complete the survey. Form Number:
                                                    Request: Revision of a currently                        CMS–10191 (OMB control number:
                                                    approved collection; Title of                           0938–1000); Frequency: Yearly; Affected
                                                    Information Collection: Medicare Parts                  Public: Private Sector (business or other
                                                    C and D Program Audit Protocols and                     for-profit and not-for-profit institutions);
                                                    Data Requests; Use: Under the Medicare                  Number of Respondents: 40; Total
                                                    Prescription Drug, Improvement, and                     Annual Responses: 40; Total Annual


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Document Created: 2018-02-14 08:26:40
Document Modified: 2018-02-14 08:26:40
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 December 5, 2016.
ContactReports Clearance Office at (410) 786- 1326.
FR Citation81 FR 76946 

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