83_FR_25114 83 FR 25009 - Proposed Assisted Reproductive Technology (ART) Success Rates Reporting and Data Validation Procedures

83 FR 25009 - Proposed Assisted Reproductive Technology (ART) Success Rates Reporting and Data Validation Procedures

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range25009-25012
FR Document2018-11628

The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) requests comments on a plan to (1) revise the definition and characterization of Assisted Reproductive Technology (ART) success rates and (2) introduce clinic validation footnotes for the annual ART Fertility Clinic Success Rates Report. The footnotes will identify clinics that are selected by CDC to participate in the validation process of the National ART Surveillance System (NASS) data and that: (1) Do participate, (2) do participate and have major data discrepancies identified through this process, and/or U3) decline to participate in the data validation process. CDC requests comments on this plan in order to continue to ensure that the public has access to accurate and transparent data pursuant to the Fertility Clinic Success Rate and Certification Act of 1992.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25009-25012]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11628]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Docket No. CDC-2018-0054]


Proposed Assisted Reproductive Technology (ART) Success Rates 
Reporting and Data Validation Procedures

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Notice with comment period.

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

SUMMARY: The Centers for Disease Control and Prevention (CDC) in the 
Department of Health and Human Services (HHS) requests comments on a 
plan to (1) revise the definition and characterization of Assisted 
Reproductive Technology (ART) success rates and (2) introduce clinic 
validation footnotes for the annual ART Fertility Clinic Success Rates 
Report. The footnotes will identify clinics that are selected by CDC to 
participate in the validation process of the National ART Surveillance 
System (NASS) data and that: (1) Do participate, (2) do participate and 
have major data discrepancies identified through this process, and/or 
U3) decline to participate in the data validation process. CDC requests 
comments on this plan in order to continue to ensure that the public 
has access to accurate and transparent data pursuant to the Fertility 
Clinic Success Rate and Certification Act of 1992.

DATES: Written comments must be received on or before July 2, 2018.

ADDRESSES: You may submit comments, identified by Docket No. CDC-2018-
0054 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Sara Crawford, Division of Reproductive Health, 
National Center for Chronic Disease Prevention and Health Promotion, 
Centers for Disease Control and Prevention, 4770 Buford Highway NE, MS 
F-74, Atlanta, Georgia 30341. Phone: (770) 488-6370. Email: 
[email protected].
    Instructions: All submissions received must include the agency name 
and Docket Number. All relevant comments received will be posted 
without change to http://regulations.gov, including any personal 
information provided. For access to the docket to read background 
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sara Crawford, Division of 
Reproductive Health, National Center for Chronic Disease Prevention and 
Health Promotion, Centers for Disease Control and Prevention, 4770 
Buford Highway NE, MS F-74, Atlanta, Georgia 30341. Phone: (770) 488-
6370. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Success Rates

A. Background

    Section 2(a) of Public Law 102-493 (42 U.S.C. 263a-1(a)), the 
Fertility Clinic Success Rate and Certification Act of 1992 (FCSRCA), 
requires that each assisted reproductive technology (ART) program 
report annually to the Secretary of the Department of Health and Human 
Services through the Centers for Disease Control and Prevention (CDC) 
pregnancy success rates achieved through assisted reproductive 
technology. The FCSRCA also requires the CDC to annually publish and 
distribute to the public reported pregnancy success rates. According to 
the FCSRCA, the definitions of pregnancy success rates should be 
developed in consultation with appropriate consumer and professional 
organizations, should take into account the effect on success rates of 
age, diagnosis, and other significant factors, and should include the 
live birth rate per attempted ovarian stimulation procedure and the 
live birth rate per successful oocyte retrieval.
    Specifics about the reporting process and requirements are 
described in

[[Page 25010]]

``Reporting of Pregnancy Success Rates from Assisted Reproductive 
Technology (ART) Programs'' (80 FR 51811). Specifics about the 
definition and characterization of ART success rates were last 
described in ``Reporting of Pregnancy Success Rates from Assisted 
Reproductive Technology Programs'' (69 FR 5548). Success rates for 
fresh, nondonor cycles were defined as: (1) The rate of pregnancy after 
completion of ART according to the number of all ovarian stimulation or 
monitoring procedures;
    (2) the rate of live birth after completion of ART according to the 
number of all ovarian stimulation or monitoring procedures, the number 
of oocyte retrieval processes, and the number of embryo (or zygote or 
oocyte) transfer procedures; (3) the rate of singleton live birth after 
completion of ART according to the number of all ovarian stimulation or 
monitoring procedures and the number of embryo (or zygote or oocyte) 
transfer procedures. Success rates for cycles using thawed embryos and 
cycles using donor oocytes or embryos were defined as: (4) The rate of 
live birth after completion of ART according to the number of embryo 
(or zygote or oocyte) transfer procedures; (5) the rate of singleton 
live birth after completion of ART according to the number of embryo 
(or zygote or oocyte) transfer procedures.
    Effective for reporting year 2017, CDC is proposing substantial 
changes to the definition and characterization of ART success rates due 
to changes in clinical practice and more variation in treatment 
options, including improvements in cryopreservation resulting in more 
segmentation of typical treatment cycles. The field of ART is moving 
toward the calculation and reporting of cumulative success rates where 
data collection systems can collect successes over all embryo transfers 
from a single oocyte retrieval or across several oocyte retrievals and 
embryo transfers. After consultation with consumer and professional 
organizations with expertise in ART, CDC will begin cumulative ART 
success rates reporting in reporting year 2017. The ART success rates 
described in this Federal Register notice shall replace those 
previously described in 2004.

B. ART Procedures Among Patients Using Their Own Oocytes

    ART success rates for ART procedures among all patients using their 
own eggs will be defined as:
    1. The rate of live birth or singleton live birth resulting from 
the transfer of oocytes retrieved from the patient in the year prior to 
the reporting year or from the transfer of embryos created from oocytes 
retrieved from the patient in the year prior to the reporting year. For 
the purpose of this definition, transfer procedures must have started 
within 12 months of the start of the retrieval procedure. Oocytes must 
have been retrieved in the year prior to the reporting year in order to 
allow for a full year to perform transfers of the retrieved oocytes 
(either in the prior reporting year or in the current reporting year). 
The live birth rate and singleton live birth rate will be presented 
according to the number of:
    a. All ovarian stimulation or monitoring procedures started from 
the year prior to the reporting year with the intent to retrieve 
oocytes from the patient.
    b. All ovarian stimulation or monitoring procedures started in the 
year prior to the reporting year with the intent to retrieve oocytes 
from the patient in which at least one oocyte was retrieved.
    c. All transfer procedures of at least one oocyte retrieved from 
the patient in the year prior to the reporting year, or of at least one 
embryo created from an oocyte retrieved from the patient in the year 
prior to the reporting year. For the purpose of this definition, egg or 
embryo transfer procedures must have started within 12 months of the 
start of the retrieval procedure.
    2. The number of ovarian stimulation or monitoring procedures 
started in the year prior to the reporting year with the intent to 
retrieve oocytes from the patient presented according to the number of:
    a. Live births resulting from all transfers of at least one oocyte 
retrieved from the patient in the year prior to the reporting year, or 
transfers of at least one embryo created from an oocyte retrieved from 
the patient in the year prior to the reporting year. For the purpose of 
this definition, egg or embryo transfer procedures must have started 
within 12 months of the start of the retrieval procedure.
    Other rates for ART procedures among all patients using their own 
eggs may be defined as--
    3. The rate of cancellation, implantation, pregnancy, live birth, 
singleton live birth, multiple live birth, twin live birth, triplet or 
higher order live birth, preterm live birth, low birthweight live birth 
or term, normal birthweight and singleton live birth resulting from the 
transfer of oocytes retrieved from the patient in the year prior to the 
reporting year or the transfer of embryos created from oocytes 
retrieved from the patient in the year prior to the reporting year. For 
the purpose of this definition, transfer procedures must have started 
within 12 months of the start of the retrieval procedure. These other 
rates may be presented according to the number of:
    a. All ovarian stimulation or monitoring procedures started in the 
year prior to the reporting year with the intent to retrieve oocytes 
from the patient.
    b. All ovarian stimulation or monitoring procedures started in the 
year prior to the reporting year with the intent to retrieve oocytes 
from the patient in which at least one oocyte was retrieved.
    c. All transfer procedures of at least one oocyte retrieved from 
the patient in the year prior to the reporting year, or of at least one 
embryo created from an oocyte retrieved from the patient in the year 
prior to the reporting year. For the purpose of this definition, egg or 
embryo transfer procedures must have started within 12 months of the 
start of the retrieval procedure.
    d. All first, second, third, or more transfer procedures after 
retrieval of at least one oocyte from the patient in the year prior to 
the reporting year, or of at least one embryo created from an oocyte 
retrieved from the patient in the year prior to the reporting year. For 
the purpose of this definition, egg or embryo transfer procedures must 
have started within 12 months of the start of the retrieval procedure.
    Rates for ART procedures among new ART patients (i.e., patients 
that have never had a prior ART cycle ever) using their own oocytes 
will be defined as--
    4. The rate of live birth resulting from the transfer of oocytes or 
embryos from all first intended oocyte retrievals presented according 
to the number of:
    a. ART patients who reported at the start of the retrieval 
procedure that they had no prior ART stimulations and no prior frozen 
ART procedures. For the purpose of this definition, the retrieval 
procedure must have started in the year prior to the reporting year.
    5. The rate of live birth resulting from the transfer of oocytes or 
embryos from all first or second intended oocyte retrievals presented 
according to the number of:
    a. ART patients who reported at the start of the retrieval 
procedure that they had no prior ART stimulations and no prior frozen 
ART procedures. For the purpose of this definition, the retrieval 
procedure must have started in the year prior to the reporting year.
    6. The rate of live birth resulting from the transfer of oocytes or 
embryos from all intended oocyte retrievals presented according to the 
number of:

[[Page 25011]]

    a. ART patients who reported at the start of the retrieval 
procedure that they had no prior ART stimulations and no prior frozen 
ART procedures. For the purpose of this definition, the retrieval 
procedure must have started in the year prior to the reporting year.
    7. The number of ovarian stimulation or monitoring procedures 
started in the year prior to the reporting year with the intent to 
retrieve oocytes from the patient presented according to the number of:
    a. ART patients who reported at the start of the retrieval 
procedure that they had no prior ART stimulations and no prior frozen 
ART procedures.
    8. The number of transfer procedures of at least one oocyte 
retrieved from the patient in the year prior to the reporting year, or 
of at least one embryo created from an oocyte retrieved from the 
patient in the year prior to the reporting year presented according to 
the number of:
    a. Ovarian stimulation or monitoring procedures started in the year 
prior to the reporting year with the intent to retrieve oocytes from 
the patient. For the purpose of this definition, egg or embryo transfer 
procedures must have started within 12 months of the start of the 
retrieval procedure. Also, ART patients must have reported at the start 
of the retrieval procedure that they had no prior ART stimulations and 
no prior frozen ART procedures.

C. ART Procedures Among Patients Using Oocytes or Embryos From a Donor

    Success rates for ART procedures among patients using oocytes or 
embryos from a donor will be defined as--
    9. The rate of live birth or singleton live birth presented 
according to the number of:
    a. Transfer procedures of at least one donor egg, embryo created 
from a donor egg, or donated embryo started in the current reporting 
year.
    Other rates for ART procedures among patients using oocytes or 
embryos from a donor may also be defined as--
    10. The rate of cancellation, implantation, pregnancy, live birth, 
singleton live birth, multiple live birth, twin live birth, triplet or 
higher order live birth, preterm live birth, low birthweight live 
birth, or term, normal birthweight and singleton live birth presented 
according to the number of:
    a. ART procedures to prepare a patient (recipient) for the transfer 
of at least one donor egg, embryo created from a donor egg, or donated 
embryo, started in the current reporting year.
    b. Transfer procedures of at least one donor egg, embryo created 
from a donor egg, or donated embryo started in the current reporting 
year.

D. ART Procedures Among All Patients and All Cycle Types

    ART reporting may also include:
    11. The number, average number or percentage of ART procedures or 
ART patients with certain characteristics, such as:
    a. Patient characteristics (e.g. patient age or reason for ART).
    b. ART procedure characteristics (e.g. type of treatment (fertility 
preservation, short term banking, in vitro fertilization, gamete 
intrafallopian transfer, zygote intrafallopian transfer), stimulation 
protocol, source of the oocytes or embryos (patient or donor), the 
state of the oocytes or embryos (fresh or frozen), the intent of the 
procedure, the use of prenatal genetic diagnosis or screening, the use 
of intracytoplasmic sperm injection, the use of assisted hatching, the 
use of a gestational carrier, the stage of the embryo at transfer, or 
the number of embryos transferred).
    All ART patient and procedure characteristics, ART success rates, 
and other rates for patients using their own oocytes as well as for 
patients using oocytes or embryos from a donor may be stratified by 
factors thought to influence the outcome of an ART procedure.
    12. Factors for stratification may include:
    a. Characteristics of the ART patient such as patient age or reason 
for ART.
    b. Characteristics of the ART procedure such as type of treatment 
(fertility preservation, short term banking, in vitro fertilization, 
gamete intrafallopian transfer, zygote intrafallopian transfer), 
stimulation protocol, the source of the oocytes or embryos (patient or 
donor), the state of the oocytes or embryos (fresh or frozen), the 
intent of the procedure, the use of prenatal genetic diagnosis or 
screening, the use of intracytoplasmic sperm injection, the use of 
assisted hatching, the use of a gestational carrier, the stage of the 
embryo at transfer, or the number of embryos transferred.
Section II. Validation
    A description of external validation of clinic data conducted 
annually as a part of the ART surveillance program is described in 
``Reporting of Pregnancy Success Rates from Assisted Reproductive 
Technology (ART) Programs'' (80 FR 51811). This notice explains, ``If 
major data discrepancies are identified during data validation (e.g., 
lack of supporting information for pregnancy outcomes, underreporting 
cycles, etc.), CDC may re-select these ART programs for data validation 
during the following reporting year(s) to assess corrections of 
identified data errors.''
    Additionally, effective as of the 2019 reporting year, CDC will 
include a footnote in the annual ART Fertility Clinic Success Rates 
Report to identify clinics that are selected by CDC to participate in 
the validation process of the NASS data and that: 1) do participate, 2) 
do participate and have major data discrepancies identified through 
this process, and/or 3) decline to participate in the data validation 
process. CDC will include this footnote pending the availability of the 
necessary resources. This footnote is a new addition to the annual ART 
Fertility Clinic Success Rates Report. Pursuant to the Fertility Clinic 
Success Rate and Certification Act of 1992, the CDC is mandated to 
publish the clinic-specific success rates reported by each clinic. 
These footnotes will help to alert the public if there is evidence that 
the reported success rates may be of questionable quality, thereby 
increasing the transparency of the data reporting process.
    If a clinic is selected to participate in the NASS data validation 
process and does participate, the following footnote will be added:

    This clinic was visited for validation of (insert: reporting 
year) data. See Appendix A for additional information.

If a clinic is selected to participate in the NASS data validation 
process, does participate, and major data discrepancies are identified 
for either the number of reported ART cycles or the ART pregnancy 
outcome, the following footnote will be added:

    This clinic was visited for validation of (insert: reporting 
year) data. Major data discrepancies were identified for (insert: 
``the number of reported cycles'' or ``the pregnancy outcomes'' or 
``the number of reported cycles and the pregnancy outcomes''). See 
Appendix A for additional information.

If a clinic is selected to participate in the NASS data validation 
process and declines to participate, the following footnote will be 
added:

    This clinic was selected for validation of (insert: reporting 
year) data, but declined to participate. See Appendix A for 
additional information.

    Appendix A of the ART Fertility Clinic Success Rates Report 
contains information about the validation of NASS data, including 
methods used for clinic selection, and displays aggregate validation 
results. Aggregate validation results include national discrepancy

[[Page 25012]]

rates; clinic-specific discrepancy rates are not reported. Any footnote 
added to a clinic's success rates page in the ART Fertility Clinic 
Success Rates Report will appear only for the reporting year that the 
clinic was selected for validation; it will be removed the following 
reporting year.

    Dated: May 24, 2018.
Sandra Cashman,
Executive Secretary, Centers for Disease Control and Prevention.
[FR Doc. 2018-11628 Filed 5-30-18; 8:45 am]
 BILLING CODE 4163-18-P



                                                                                     Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices                                                                                                25009

                                              methods). Although it is possible that                                  health departments across the US. The                                         in the jurisdictional exercises through
                                              notifications or responses may be                                       purpose of these tests would be to                                            one or more of the following
                                              intercepted or seen by someone who is                                   evaluate the acceptability of the                                             mechanisms; in-person focus groups,
                                              not part of the team collecting the data,                               program with members of the potential                                         online survey, online discussion groups.
                                              it is not likely that this will have a major                            target audience following an anthrax
                                                                                                                                                                                                       CDC is requesting approval for this
                                              impact on the respondents’ privacy.                                     incident and to ensure proper
                                                 CDC and contractors will also conduct                                                                                                              new generic clearance for data
                                                                                                                      functionality of the StopAnthraxTM
                                              periodic usability and user experience                                  protocols within the system. These tests                                      collection for a period of three years.
                                              tests of StopAnthraxTM in conjunction                                   will occur no more than twice a year                                          The total burden hours for respondents
                                              with points of dispensing (PODs)                                        and feedback on the program will be                                           is 38,000 hours. There are no costs to
                                              exercises conducted by state and local                                  collected from volunteers participating                                       respondents other than their time.

                                                                                                                     ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                                                                Average
                                                                                                                                                                                                  Number of
                                                                                                                                                                       Number of                                              burden per              Total burden
                                                        Type of respondents                                                Form name                                                            responses per
                                                                                                                                                                      respondents                                              response                (in hours)
                                                                                                                                                                                                  respondent                   (in hours)

                                              Adult MCM recipient .........................            60-day StopAnthraxTM program .......                                       20,000                             1                   90/60              30,000
                                              POD volunteer participating in user                      Shortened (10-day) StopAnthrax                                              4,000                             1                   30/60               2,000
                                                experience/usability    testing         of               protocol.
                                                shortened StopAnthraxTM protocol.
                                              POD volunteer participating in user                      Online Survey ...................................                           2,000                              1                         1            2,000
                                                experience/usability testing.
                                              POD volunteer participating in user                      Discussion/focus groups ..................                                  2,000                              1                         2            4,000
                                                experience/usability testing.

                                                   Total ...........................................   ...........................................................   ........................   ........................   ........................         38,000



                                              Jeffrey M. Zirger,                                                      Surveillance System (NASS) data and                                           Health, National Center for Chronic
                                              Acting Chief, Information Collection Review                             that: (1) Do participate, (2) do                                              Disease Prevention and Health
                                              Office, Office of Scientific Integrity, Office                          participate and have major data                                               Promotion, Centers for Disease Control
                                              of the Associate Director for Science, Office                           discrepancies identified through this                                         and Prevention, 4770 Buford Highway
                                              of the Director, Centers for Disease Control                            process, and/or U3) decline to                                                NE, MS F–74, Atlanta, Georgia 30341.
                                              and Prevention.                                                         participate in the data validation                                            Phone: (770) 488–6370. Email: artinfo@
                                              [FR Doc. 2018–11648 Filed 5–30–18; 8:45 am]                             process. CDC requests comments on this                                        cdc.gov.
                                              BILLING CODE 4163–18–P                                                  plan in order to continue to ensure that                                      SUPPLEMENTARY INFORMATION:
                                                                                                                      the public has access to accurate and
                                                                                                                      transparent data pursuant to the                                              I. Success Rates
                                              DEPARTMENT OF HEALTH AND                                                Fertility Clinic Success Rate and                                             A. Background
                                              HUMAN SERVICES                                                          Certification Act of 1992.                                                       Section 2(a) of Public Law 102–493
                                              Centers for Disease Control and                                         DATES: Written comments must be                                               (42 U.S.C. 263a–1(a)), the Fertility
                                              Prevention                                                              received on or before July 2, 2018.                                           Clinic Success Rate and Certification
                                                                                                                      ADDRESSES: You may submit comments,                                           Act of 1992 (FCSRCA), requires that
                                              [Docket No. CDC–2018–0054]                                              identified by Docket No. CDC–2018–                                            each assisted reproductive technology
                                              Proposed Assisted Reproductive                                          0054 by any of the following methods:                                         (ART) program report annually to the
                                                                                                                         • Federal eRulemaking Portal: http://                                      Secretary of the Department of Health
                                              Technology (ART) Success Rates
                                                                                                                      www.regulations.gov. Follow the                                               and Human Services through the
                                              Reporting and Data Validation
                                                                                                                      instructions for submitting comments.                                         Centers for Disease Control and
                                              Procedures                                                                 • Mail: Sara Crawford, Division of                                         Prevention (CDC) pregnancy success
                                              AGENCY: Centers for Disease Control and                                 Reproductive Health, National Center                                          rates achieved through assisted
                                              Prevention (CDC), Department of Health                                  for Chronic Disease Prevention and                                            reproductive technology. The FCSRCA
                                              and Human Services (HHS).                                               Health Promotion, Centers for Disease                                         also requires the CDC to annually
                                              ACTION: Notice with comment period.                                     Control and Prevention, 4770 Buford                                           publish and distribute to the public
                                                                                                                      Highway NE, MS F–74, Atlanta, Georgia                                         reported pregnancy success rates.
                                              SUMMARY:   The Centers for Disease                                      30341. Phone: (770) 488–6370. Email:                                          According to the FCSRCA, the
                                              Control and Prevention (CDC) in the                                     artinfo@cdc.gov.                                                              definitions of pregnancy success rates
                                              Department of Health and Human                                             Instructions: All submissions received                                     should be developed in consultation
                                              Services (HHS) requests comments on a                                   must include the agency name and                                              with appropriate consumer and
                                              plan to (1) revise the definition and                                   Docket Number. All relevant comments                                          professional organizations, should take
                                              characterization of Assisted                                            received will be posted without change                                        into account the effect on success rates
amozie on DSK3GDR082PROD with NOTICES1




                                              Reproductive Technology (ART) success                                   to http://regulations.gov, including any                                      of age, diagnosis, and other significant
                                              rates and (2) introduce clinic validation                               personal information provided. For                                            factors, and should include the live
                                              footnotes for the annual ART Fertility                                  access to the docket to read background                                       birth rate per attempted ovarian
                                              Clinic Success Rates Report. The                                        documents or comments received, go to                                         stimulation procedure and the live birth
                                              footnotes will identify clinics that are                                http://www.regulations.gov.                                                   rate per successful oocyte retrieval.
                                              selected by CDC to participate in the                                   FOR FURTHER INFORMATION CONTACT: Sara                                            Specifics about the reporting process
                                              validation process of the National ART                                  Crawford, Division of Reproductive                                            and requirements are described in


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                                              25010                         Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

                                              ‘‘Reporting of Pregnancy Success Rates                  year prior to the reporting year or from              prior to the reporting year. For the
                                              from Assisted Reproductive Technology                   the transfer of embryos created from                  purpose of this definition, transfer
                                              (ART) Programs’’ (80 FR 51811).                         oocytes retrieved from the patient in the             procedures must have started within 12
                                              Specifics about the definition and                      year prior to the reporting year. For the             months of the start of the retrieval
                                              characterization of ART success rates                   purpose of this definition, transfer                  procedure. These other rates may be
                                              were last described in ‘‘Reporting of                   procedures must have started within 12                presented according to the number of:
                                              Pregnancy Success Rates from Assisted                   months of the start of the retrieval                     a. All ovarian stimulation or
                                              Reproductive Technology Programs’’ (69                  procedure. Oocytes must have been                     monitoring procedures started in the
                                              FR 5548). Success rates for fresh,                      retrieved in the year prior to the                    year prior to the reporting year with the
                                              nondonor cycles were defined as: (1)                    reporting year in order to allow for a full           intent to retrieve oocytes from the
                                              The rate of pregnancy after completion                  year to perform transfers of the retrieved            patient.
                                              of ART according to the number of all                   oocytes (either in the prior reporting                   b. All ovarian stimulation or
                                              ovarian stimulation or monitoring                       year or in the current reporting year).               monitoring procedures started in the
                                              procedures;                                             The live birth rate and singleton live                year prior to the reporting year with the
                                                 (2) the rate of live birth after                     birth rate will be presented according to             intent to retrieve oocytes from the
                                              completion of ART according to the                      the number of:                                        patient in which at least one oocyte was
                                              number of all ovarian stimulation or                       a. All ovarian stimulation or                      retrieved.
                                              monitoring procedures, the number of                    monitoring procedures started from the                   c. All transfer procedures of at least
                                              oocyte retrieval processes, and the                     year prior to the reporting year with the             one oocyte retrieved from the patient in
                                              number of embryo (or zygote or oocyte)                  intent to retrieve oocytes from the                   the year prior to the reporting year, or
                                              transfer procedures; (3) the rate of                    patient.                                              of at least one embryo created from an
                                              singleton live birth after completion of                   b. All ovarian stimulation or                      oocyte retrieved from the patient in the
                                              ART according to the number of all                      monitoring procedures started in the                  year prior to the reporting year. For the
                                              ovarian stimulation or monitoring                       year prior to the reporting year with the             purpose of this definition, egg or
                                              procedures and the number of embryo                     intent to retrieve oocytes from the                   embryo transfer procedures must have
                                              (or zygote or oocyte) transfer                          patient in which at least one oocyte was              started within 12 months of the start of
                                              procedures. Success rates for cycles                    retrieved.                                            the retrieval procedure.
                                              using thawed embryos and cycles using                      c. All transfer procedures of at least                d. All first, second, third, or more
                                              donor oocytes or embryos were defined                   one oocyte retrieved from the patient in              transfer procedures after retrieval of at
                                              as: (4) The rate of live birth after                    the year prior to the reporting year, or              least one oocyte from the patient in the
                                              completion of ART according to the                      of at least one embryo created from an                year prior to the reporting year, or of at
                                              number of embryo (or zygote or oocyte)                  oocyte retrieved from the patient in the              least one embryo created from an oocyte
                                              transfer procedures; (5) the rate of                    year prior to the reporting year. For the             retrieved from the patient in the year
                                              singleton live birth after completion of                purpose of this definition, egg or                    prior to the reporting year. For the
                                              ART according to the number of embryo                   embryo transfer procedures must have                  purpose of this definition, egg or
                                              (or zygote or oocyte) transfer                          started within 12 months of the start of              embryo transfer procedures must have
                                              procedures.                                             the retrieval procedure.                              started within 12 months of the start of
                                                 Effective for reporting year 2017, CDC                  2. The number of ovarian stimulation               the retrieval procedure.
                                              is proposing substantial changes to the                 or monitoring procedures started in the                  Rates for ART procedures among new
                                              definition and characterization of ART                  year prior to the reporting year with the             ART patients (i.e., patients that have
                                              success rates due to changes in clinical                intent to retrieve oocytes from the                   never had a prior ART cycle ever) using
                                              practice and more variation in treatment                patient presented according to the                    their own oocytes will be defined as—
                                              options, including improvements in                      number of:                                               4. The rate of live birth resulting from
                                              cryopreservation resulting in more                         a. Live births resulting from all                  the transfer of oocytes or embryos from
                                              segmentation of typical treatment                       transfers of at least one oocyte retrieved            all first intended oocyte retrievals
                                              cycles. The field of ART is moving                      from the patient in the year prior to the             presented according to the number of:
                                              toward the calculation and reporting of                 reporting year, or transfers of at least                 a. ART patients who reported at the
                                              cumulative success rates where data                     one embryo created from an oocyte                     start of the retrieval procedure that they
                                              collection systems can collect successes                retrieved from the patient in the year                had no prior ART stimulations and no
                                              over all embryo transfers from a single                 prior to the reporting year. For the                  prior frozen ART procedures. For the
                                              oocyte retrieval or across several oocyte               purpose of this definition, egg or                    purpose of this definition, the retrieval
                                              retrievals and embryo transfers. After                  embryo transfer procedures must have                  procedure must have started in the year
                                              consultation with consumer and                          started within 12 months of the start of              prior to the reporting year.
                                              professional organizations with                         the retrieval procedure.                                 5. The rate of live birth resulting from
                                              expertise in ART, CDC will begin                           Other rates for ART procedures                     the transfer of oocytes or embryos from
                                              cumulative ART success rates reporting                  among all patients using their own eggs               all first or second intended oocyte
                                              in reporting year 2017. The ART success                 may be defined as—                                    retrievals presented according to the
                                              rates described in this Federal Register                   3. The rate of cancellation,                       number of:
                                              notice shall replace those previously                   implantation, pregnancy, live birth,                     a. ART patients who reported at the
                                              described in 2004.                                      singleton live birth, multiple live birth,            start of the retrieval procedure that they
                                                                                                      twin live birth, triplet or higher order              had no prior ART stimulations and no
                                              B. ART Procedures Among Patients                        live birth, preterm live birth, low                   prior frozen ART procedures. For the
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                                              Using Their Own Oocytes                                 birthweight live birth or term, normal                purpose of this definition, the retrieval
                                                 ART success rates for ART procedures                 birthweight and singleton live birth                  procedure must have started in the year
                                              among all patients using their own eggs                 resulting from the transfer of oocytes                prior to the reporting year.
                                              will be defined as:                                     retrieved from the patient in the year                   6. The rate of live birth resulting from
                                                 1. The rate of live birth or singleton               prior to the reporting year or the transfer           the transfer of oocytes or embryos from
                                              live birth resulting from the transfer of               of embryos created from oocytes                       all intended oocyte retrievals presented
                                              oocytes retrieved from the patient in the               retrieved from the patient in the year                according to the number of:


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                                                                            Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices                                                 25011

                                                 a. ART patients who reported at the                    b. Transfer procedures of at least one              cycles, etc.), CDC may re-select these
                                              start of the retrieval procedure that they              donor egg, embryo created from a donor                ART programs for data validation
                                              had no prior ART stimulations and no                    egg, or donated embryo started in the                 during the following reporting year(s) to
                                              prior frozen ART procedures. For the                    current reporting year.                               assess corrections of identified data
                                              purpose of this definition, the retrieval                                                                     errors.’’
                                                                                                      D. ART Procedures Among All Patients                     Additionally, effective as of the 2019
                                              procedure must have started in the year
                                                                                                      and All Cycle Types                                   reporting year, CDC will include a
                                              prior to the reporting year.
                                                 7. The number of ovarian stimulation                    ART reporting may also include:                    footnote in the annual ART Fertility
                                              or monitoring procedures started in the                    11. The number, average number or                  Clinic Success Rates Report to identify
                                              year prior to the reporting year with the               percentage of ART procedures or ART                   clinics that are selected by CDC to
                                              intent to retrieve oocytes from the                     patients with certain characteristics,                participate in the validation process of
                                              patient presented according to the                      such as:                                              the NASS data and that: 1) do
                                              number of:                                                 a. Patient characteristics (e.g. patient           participate, 2) do participate and have
                                                 a. ART patients who reported at the                  age or reason for ART).                               major data discrepancies identified
                                              start of the retrieval procedure that they                 b. ART procedure characteristics (e.g.             through this process, and/or 3) decline
                                              had no prior ART stimulations and no                    type of treatment (fertility preservation,            to participate in the data validation
                                              prior frozen ART procedures.                            short term banking, in vitro fertilization,           process. CDC will include this footnote
                                                                                                      gamete intrafallopian transfer, zygote                pending the availability of the necessary
                                                 8. The number of transfer procedures
                                                                                                      intrafallopian transfer), stimulation                 resources. This footnote is a new
                                              of at least one oocyte retrieved from the
                                                                                                      protocol, source of the oocytes or                    addition to the annual ART Fertility
                                              patient in the year prior to the reporting
                                                                                                      embryos (patient or donor), the state of              Clinic Success Rates Report. Pursuant to
                                              year, or of at least one embryo created
                                                                                                      the oocytes or embryos (fresh or frozen),             the Fertility Clinic Success Rate and
                                              from an oocyte retrieved from the
                                                                                                      the intent of the procedure, the use of               Certification Act of 1992, the CDC is
                                              patient in the year prior to the reporting
                                                                                                      prenatal genetic diagnosis or screening,              mandated to publish the clinic-specific
                                              year presented according to the number
                                                                                                      the use of intracytoplasmic sperm                     success rates reported by each clinic.
                                              of:
                                                                                                      injection, the use of assisted hatching,              These footnotes will help to alert the
                                                 a. Ovarian stimulation or monitoring
                                                                                                      the use of a gestational carrier, the stage           public if there is evidence that the
                                              procedures started in the year prior to
                                                                                                      of the embryo at transfer, or the number              reported success rates may be of
                                              the reporting year with the intent to
                                                                                                      of embryos transferred).                              questionable quality, thereby increasing
                                              retrieve oocytes from the patient. For                     All ART patient and procedure
                                              the purpose of this definition, egg or                                                                        the transparency of the data reporting
                                                                                                      characteristics, ART success rates, and               process.
                                              embryo transfer procedures must have                    other rates for patients using their own
                                              started within 12 months of the start of                                                                         If a clinic is selected to participate in
                                                                                                      oocytes as well as for patients using                 the NASS data validation process and
                                              the retrieval procedure. Also, ART                      oocytes or embryos from a donor may be
                                              patients must have reported at the start                                                                      does participate, the following footnote
                                                                                                      stratified by factors thought to influence            will be added:
                                              of the retrieval procedure that they had                the outcome of an ART procedure.
                                              no prior ART stimulations and no prior                     12. Factors for stratification may                    This clinic was visited for validation of
                                              frozen ART procedures.                                                                                        (insert: reporting year) data. See Appendix A
                                                                                                      include:                                              for additional information.
                                              C. ART Procedures Among Patients                           a. Characteristics of the ART patient
                                              Using Oocytes or Embryos From a Donor                   such as patient age or reason for ART.                If a clinic is selected to participate in
                                                                                                         b. Characteristics of the ART                      the NASS data validation process, does
                                                 Success rates for ART procedures                     procedure such as type of treatment                   participate, and major data
                                              among patients using oocytes or                         (fertility preservation, short term                   discrepancies are identified for either
                                              embryos from a donor will be defined                    banking, in vitro fertilization, gamete               the number of reported ART cycles or
                                              as—                                                     intrafallopian transfer, zygote                       the ART pregnancy outcome, the
                                                 9. The rate of live birth or singleton               intrafallopian transfer), stimulation                 following footnote will be added:
                                              live birth presented according to the                   protocol, the source of the oocytes or                   This clinic was visited for validation of
                                              number of:                                              embryos (patient or donor), the state of              (insert: reporting year) data. Major data
                                                 a. Transfer procedures of at least one               the oocytes or embryos (fresh or frozen),             discrepancies were identified for (insert: ‘‘the
                                              donor egg, embryo created from a donor                  the intent of the procedure, the use of               number of reported cycles’’ or ‘‘the
                                              egg, or donated embryo started in the                   prenatal genetic diagnosis or screening,              pregnancy outcomes’’ or ‘‘the number of
                                              current reporting year.                                                                                       reported cycles and the pregnancy
                                                                                                      the use of intracytoplasmic sperm                     outcomes’’). See Appendix A for additional
                                                 Other rates for ART procedures                       injection, the use of assisted hatching,              information.
                                              among patients using oocytes or                         the use of a gestational carrier, the stage
                                              embryos from a donor may also be                        of the embryo at transfer, or the number              If a clinic is selected to participate in
                                              defined as—                                             of embryos transferred.                               the NASS data validation process and
                                                 10. The rate of cancellation,                                                                              declines to participate, the following
                                              implantation, pregnancy, live birth,                    Section II. Validation                                footnote will be added:
                                              singleton live birth, multiple live birth,                 A description of external validation of               This clinic was selected for validation of
                                              twin live birth, triplet or higher order                clinic data conducted annually as a part              (insert: reporting year) data, but declined to
                                              live birth, preterm live birth, low                     of the ART surveillance program is                    participate. See Appendix A for additional
                                              birthweight live birth, or term, normal                 described in ‘‘Reporting of Pregnancy                 information.
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                                              birthweight and singleton live birth                    Success Rates from Assisted                              Appendix A of the ART Fertility
                                              presented according to the number of:                   Reproductive Technology (ART)                         Clinic Success Rates Report contains
                                                 a. ART procedures to prepare a                       Programs’’ (80 FR 51811). This notice                 information about the validation of
                                              patient (recipient) for the transfer of at              explains, ‘‘If major data discrepancies               NASS data, including methods used for
                                              least one donor egg, embryo created                     are identified during data validation                 clinic selection, and displays aggregate
                                              from a donor egg, or donated embryo,                    (e.g., lack of supporting information for             validation results. Aggregate validation
                                              started in the current reporting year.                  pregnancy outcomes, underreporting                    results include national discrepancy


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                                              25012                         Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

                                              rates; clinic-specific discrepancy rates                www.regulations.gov. Follow the                       Information Collection
                                              are not reported. Any footnote added to                 instructions for ‘‘Comment or                            1. Type of Information Collection
                                              a clinic’s success rates page in the ART                Submission’’ or ‘‘More Search Options’’               Request: Revision of a currently
                                              Fertility Clinic Success Rates Report                   to find the information collection                    approved collection; Title of
                                              will appear only for the reporting year                 document(s) that are accepting                        Information Collection: Pre-Claim
                                              that the clinic was selected for                        comments.                                             Review Demonstration for Home Health
                                              validation; it will be removed the                        2. By regular mail. You may mail                    Services; Use: Section 402(a)(1)(J) of the
                                              following reporting year.                               written comments to the following                     Social Security Amendments of 1967
                                                                                                      address: CMS, Office of Strategic                     (42 U.S.C. 1395b–1(a)(1)(J)) authorizes
                                                Dated: May 24, 2018.
                                                                                                      Operations and Regulatory Affairs,                    the Secretary to ‘‘develop or
                                              Sandra Cashman,
                                                                                                      Division of Regulations Development,                  demonstrate improved methods for the
                                              Executive Secretary, Centers for Disease                Attention: Document Identifier/OMB
                                              Control and Prevention.                                                                                       investigation and prosecution of fraud
                                                                                                      Control Number ll, Room C4–26–05,
                                              [FR Doc. 2018–11628 Filed 5–30–18; 8:45 am]                                                                   in the provision of care or services
                                                                                                      7500 Security Boulevard, Baltimore,
                                                                                                                                                            under the health programs established
                                              BILLING CODE 4163–18–P                                  Maryland 21244–1850.
                                                                                                        To obtain copies of a supporting                    by the Social Security Act (the Act).’’
                                                                                                      statement and any related forms for the               Pursuant to this authority, the CMS
                                              DEPARTMENT OF HEALTH AND                                proposed collection(s) summarized in                  seeks to develop and implement a
                                              HUMAN SERVICES                                          this notice, you may make your request                Medicare demonstration project, which
                                                                                                      using one of following:                               CMS believes will help assist in
                                              Centers for Medicare & Medicaid                           1. Access CMS’ website address at                   developing improved procedures for the
                                              Services                                                https://www.cms.gov/Regulations-and-                  identification, investigation, and
                                              [Document Identifiers CMS–10599]                        Guidance/Legislation/                                 prosecution of Medicare fraud occurring
                                                                                                      PaperworkReductionActof1995/PRA-                      among Home Health Agencies (HHA)
                                              Agency Information Collection                           Listing.html.                                         providing services to Medicare
                                              Activities: Proposed Collection;                          2. Email your request, including your               beneficiaries.
                                              Comment Request                                         address, phone number, OMB number,                       This revised demonstration would
                                                                                                      and CMS document identifier, to                       help assist in developing improved
                                              AGENCY: Centers for Medicare &                          Paperwork@cms.hhs.gov.                                procedures for the identification,
                                              Medicaid Services, HHS.                                   3. Call the Reports Clearance Office at             investigation, and prosecution of
                                              ACTION: Notice.                                         (410) 786–1326.                                       potential Medicare fraud. The
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      demonstration would help make sure
                                              SUMMARY:    The Centers for Medicare &                                                                        that payments for home health services
                                              Medicaid Services (CMS) is announcing                   William Parham at (410) 786–4669.
                                                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                            are appropriate through either pre-claim
                                              an opportunity for the public to                                                                              or postpayment review, thereby working
                                              comment on CMS’ intention to collect                    Contents                                              towards the prevention and
                                              information from the public. Under the                                                                        identification of potential fraud, waste,
                                                                                                        This notice sets out a summary of the
                                              Paperwork Reduction Act of 1995 (the                                                                          and abuse; the protection of Medicare
                                                                                                      use and burden associated with the
                                              PRA), federal agencies are required to                                                                        Trust Funds from improper payments;
                                                                                                      following information collections. More
                                              publish notice in the Federal Register                                                                        and the reduction of Medicare appeals.
                                                                                                      detailed information can be found in
                                              concerning each proposed collection of                                                                        CMS proposes initially implementing
                                                                                                      each collection’s supporting statement
                                              information (including each proposed                                                                          the demonstration in Illinois, Ohio,
                                                                                                      and associated materials (see
                                              extension or reinstatement of an existing                                                                     North Carolina, Florida, and Texas with
                                                                                                      ADDRESSES).
                                              collection of information) and to allow                                                                       the option to expand to other states in
                                              60 days for public comment on the                       CMS–10599 Pre-Claim Review                            the Palmetto/JM jurisdiction. Under this
                                              proposed action. Interested persons are                 Demonstration for Home Health                         demonstration, CMS proposes to offer
                                              invited to send comments regarding our                  Services                                              choices for providers to demonstrate
                                              burden estimates or any other aspect of                   Under the PRA (44 U.S.C. 3501–                      their compliance with CMS’ home
                                              this collection of information, including               3520), federal agencies must obtain                   health policies. Providers in the
                                              the necessity and utility of the proposed               approval from the Office of Management                demonstration states may participate in
                                              information collection for the proper                   and Budget (OMB) for each collection of               either 100 percent pre-claim review or
                                              performance of the agency’s functions,                  information they conduct or sponsor.                  100 percent postpayment review. These
                                              the accuracy of the estimated burden,                   The term ‘‘collection of information’’ is             providers will continue to be subject to
                                              ways to enhance the quality, utility, and               defined in 44 U.S.C. 3502(3) and 5 CFR                a review method until the HHA reaches
                                              clarity of the information to be                        1320.3(c) and includes agency requests                the target affirmation or claim approval
                                              collected, and the use of automated                     or requirements that members of the                   rate. Once a HHA reaches the target pre-
                                              collection techniques or other forms of                 public submit reports, keep records, or               claim review affirmation or post-
                                              information technology to minimize the                  provide information to a third party.                 payment review claim approval rate, it
                                              information collection burden.                          Section 3506(c)(2)(A) of the PRA                      may choose to be relieved from claim
                                              DATES: Comments must be received by                     requires federal agencies to publish a                reviews, except for a spot check of their
                                              July 30, 2018.                                          60-day notice in the Federal Register                 claims to ensure continued compliance.
                                              ADDRESSES: When commenting, please                      concerning each proposed collection of                Providers who do not wish to
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                                              reference the document identifier or                    information, including each proposed                  participate in either 100 percent pre-
                                              OMB control number. To be assured                       extension or reinstatement of an existing             claim or postpayment reviews have the
                                              consideration, comments and                             collection of information, before                     option to furnish home health services
                                              recommendations must be submitted in                    submitting the collection to OMB for                  and submit the associated claim for
                                              any one of the following ways:                          approval. To comply with this                         payment without undergoing such
                                                1. Electronically. You may send your                  requirement, CMS is publishing this                   reviews; however, they will receive a 25
                                              comments electronically to http://                      notice.                                               percent payment reduction on all claims


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Document Created: 2018-05-31 00:48:18
Document Modified: 2018-05-31 00:48:18
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 with comment period.
DatesWritten comments must be received on or before July 2, 2018.
ContactSara Crawford, Division of Reproductive Health, National Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control and Prevention, 4770 Buford Highway NE, MS F-74, Atlanta, Georgia 30341. Phone: (770) 488- 6370. Email: [email protected]
FR Citation83 FR 25009 

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