Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget (OMB)

[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Notices]
[Page 23846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11059]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration
[Document Identifier: HCFA-R-209 and HCFA-R-245]


Emergency Clearance: Public Information Collection Requirements 
Submitted to the Office of Management and Budget (OMB)

AGENCY: Health Care Financing Administration.
    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Health Care Financing 
Administration (HCFA), Department of Health and Human Services 
submitted two Outcome and Assessment Information Set (OASIS) 
information collections to the Office of Management and Budget (OMB) 
for emergency review and approval. On January 25, 1999, HCFA requested 
OMB review and approval of the OASIS collections within 16 working days 
from the date of publication of the OASIS regulations. However, these 
information collections are still pending OMB approval. Therefore, we 
are publishing this notice as a means of notifying the public that 
these information collections have not yet been approved by OMB and are 
not yet in effect. When the clearances referenced below are obtained, 
HCFA will publish a notice in the Federal Register, announcing the 
approval of these information collections.

OASIS Data Collection and Use (HCFA Collection Number: HCFA-R-245)

    On January 25, 1999, we published a regulation (HCFA-3007-F, 64 FR 
3764) requiring all home health agencies (HHAs) participating in the 
Medicare/Medicaid program to collect data using a standardized 
assessment instrument, Outcome and Assessment Information Set (OASIS), 
for all patients. This requirement was in accordance with section 1891 
of the Social Security Act, and finalized a proposed rule published 
March 10, 1997 (62 FR 11004). The goal of such mandatory collection and 
use was so that HHAs could improve the quality of their own services to 
patients. Mandatory collection and use by HHAs was to begin on February 
24, 1999.
    In order for this mandate to be valid, we still need to obtain 
appropriate clearances under the Paperwork Reduction Act. The 
completion of this activity has been delayed, thus delaying the 
requirement that HHAs must collect and use the OASIS data set as part 
of their comprehensive assessment process. Upon successful completion, 
we will issue a notification on the HCFA Internet site (
hcfa.gov) and publish a notice to this effect in the Federal Register.
    In the meantime, we are not requiring HHAs to collect and use the 
OASIS instrument. HHAs that were not meeting the requirements on or 
after the February 24 effective date will not be held out of 
compliance. Of course, given that the instrument was designed to be 
useful to HHAs to assess and improve the care they furnish, they may 
wish to use the OASIS instrument for their own purposes.

Encoding and Transmission of OASIS Data (HCFA Collection Number: 
HCFA-R-209)

    On January 25, 1999, we published an interim final regulation 
(HCFA-3006-IFC, 64 FR 3748) mandating that all HHAs participating in 
the Medicare/Medicaid program encode (that is, data enter) OASIS 
information in a standard format and transmit it to HCFA as a condition 
of participation. Encoding was to begin on March 26th and data 
transmission to the States on April 26th.
    In order for this mandate to be valid, we still need to obtain 
appropriate clearances under the Paperwork Reduction Act, prepare and 
provide an individual Privacy Act notice for patients, and publish a 
Privacy Act notice of the existence and character of the OASIS system 
of records. The completion of these activities has been delayed, thus 
delaying the requirement that HHAs encode and transmit OASIS data. Upon 
their successful completion, we will issue a notification on the HCFA 
Internet site (hcfa.gov) and publish a notice to this effect in 
the Federal Register.
    In the meantime, we are not requiring HHAs to encode and transmit 
OASIS data. HHAs that were not meeting the requirements on or after the 
above effective dates will not be held out of compliance.

    Dated: April 28, 1999.
John P. Burke III,
HCFA Reports Clearance Officer, HCFA, Office of Information Services, 
Security and Standards Group, Division of HCFA Enterprise Standards.
[FR Doc. 99-11059 Filed 5-3-99; 8:45 am]
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