[Federal Register Volume 63, Number 221 (Tuesday, November 17, 1998)]
[Notices]
[Pages 63936-63937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30661]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
[Form #HCFA-R-0264-a,b,c,d,e]
Emergency Clearance: Public Information Collection Requirements
Submitted to the Office of Management and Budget (OMB)
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 (DHHS),
is publishing the following summary of a proposed collection for public
comment. Interested persons are invited to send comments regarding this
burden estimate or any other aspect of this collection of information,
including any of the following subjects: (1) The necessity and utility
of the proposed information collection for the proper performance of
the agency's functions; (2) the accuracy of the estimated burden; (3)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (4) the use of automated collection techniques or
other forms of information technology to minimize the information
collection burden.
We are, however, requesting an emergency review of the information
collections referenced below. In compliance with the requirement of
section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have
submitted to the Office of Management and Budget (OMB) the following
requirements for emergency review. We are requesting an emergency
review because the collection of this information is needed prior to
the expiration of the normal time limits under OMB's regulations at 5
CFR, part 1320 and is essential to the mission of the Agency. The
Agency cannot reasonably comply with the normal clearance procedures
because of a statutory deadline imposed by section 4319 of the Balanced
Budget Act of 1997. Without this information, HCFA would not be able to
properly implement all of the requirements set forth in the statute
prior to the statute's sunset provision, causing a statutorily ordered
deadline to be missed. Also, an unanticipated event has occurred, which
may contribute to the missing of the statutory deadline. In particular,
HCFA inadvertently referenced the incorrect statutory section in the
location of the previous notice justifying the need for emergency
clearance, published in the Federal Register on October 16, 1998, at 63
FR 55631. While the correct section of statute mandating the collection
was denoted elsewhere in the notice, a commentor pointed out that the
statutory citation specifically justifying the need for emergency
clearance was incorrect. Therefore, HCFA is correcting its oversight by
republishing its request for OMB review and approval of this
collection. Lastly, emergency clearance is requested because public
harm will likely result if the normal clearance procedures are
followed. Studies by the Government Accounting Office and the Office of
the Inspector General have found that Medicare payments for items of
durable medical equipment are far greater than prices paid by other
insurers and are sometimes greater than prices available to the general
public at retail outlets. And, the payments provided under Medicare fee
schedules often represent unreasonably high markups from actual prices
paid by suppliers. The use of the standard OMB approval process will
cause the nonfulfillment the statutory requirements set forth in
section 4319 of the Balanced Budget Act of 1997 that seek to address
these issues, resulting in public harm by allowing the unnecessary loss
of public Medicare trust fund dollars.
HCFA is requesting OMB review and approval of this collection
within six working days, with a 180-day approval period. Written
comments and recommendations will be accepted from the public if
received by the individual designated below within five working days.
During this 180-day period, we will publish a separate Federal
Register notice announcing the initiation of an extensive 60-day agency
review and public comment period on these requirements. We will submit
the requirements for OMB review and an extension of this emergency
approval.
Type of Information Collection Request: New collection;
Title of Information Collection: Collection of DMEPOS Supplier Data
in Support of the Medicare DMEPOS Competitive Bidding Demonstration
using form (HCFA-R-0264) and Supporting Statute Section 4319 of the
Balanced Budget Act of 1997;
Form No.: HCFA-R-0264;
Use: Section 4319 of the Balanced Budget Act (BBA) mandates HCFA to
implement demonstration projects under which competitive acquisition
areas are established for contract award purposes for the furnishing of
Part B items and services, except for physician's services. The first
of these demonstration projects implements competitive bidding of
categories of
[[Page 63937]]
durable medical equipment, prosthetics, orthotics, and supplies
(DMEPOS). Under the law, suppliers can receive payments from Medicare
for items and services covered by the demonstration only if their bids
are competitive in terms of quality and price. Each demonstration
project may be conducted in up to three metropolitan areas for a three
year period. Authority for the demonstration expires on December 31,
2002. The schedule for the demonstration anticipates about a six month
period required between mailing the bidding forms to potential bidders
and the start of payments for DMEPOS under the demonstration. HCFA
intends to operate the demonstration in two rounds, the first of two
years, and the second of one year. HCFA has announced that it intends
to operate its first demonstration in Polk County, Florida, which is
the Lakeland-Winter Haven Metropolitan Area.
There are five forms that are required for the demonstration. The
first, HCFA-R-0264A, will be filled out by suppliers to describe the
attributes of their organization, including quality of services and
financial data. Form HCFA-R-0264B will be filled out by suppliers for
each of the categories of DMEPOS for which they bid, and includes
information about their supply of that category of equipment or
supplies, and the prices that they bid for each item in that category.
Form HCFA-R-0264C will be used by site inspectors who gather
information at the facilities of bidders. Form HCFA-R-0264D is used to
gather data by telephone from referral sources of business for the
bidding suppliers, and form HCFA-R-0264E is used to gather data by
telephone from banks and other financial institutions for financial and
business references.
The competitive bidding demonstration for DMEPOS has the following
objectives:
Test the policies and implementation methods of
competitive bidding to determine whether or not it should be expanded
as a Medicare Program.
Reduce the price that Medicare pays for medical equipment
and supplies.
Limit beneficiary out-of-pocket expenditures for
copayments.
Improve beneficiary access to high quality medical
equipment and supplies.
Prevent business transactions with suppliers who engage in
fraudulent practices.
HCFA plans to mail the bidding package, including the referenced
forms A and B, to potential bidders at the first demonstration sites in
Polk County, Florida on November 16, 1998, and to request bidder
submissions by December 16, 1998. The remaining forms C, D and E will
be used for inspections and reference checking in the three months
following the bid submissions. These forms will be used by HCFA or its
agents to gather information regarding bidders who have made
financially attractive bids and are being evaluated for quality,
financial stability, and other attributes for consideration as
demonstration suppliers.
Frequency: Two times at each demonstration site;
Affected Public: Business or other for-profit, and not-for-profit
institutions;
Number of Respondents: 2,040;
Total Annual Responses: 2,040;
Total Annual Hours: 25,260
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, access HCFA's
Web Site address at http://www.hcfa.gov/regs/prdact95.htm, OR E-mail
your request, including your address, phone number, and HCFA form
number(s) referenced above, to P[email protected], or call the Reports
Clearance Office on (410) 786-1326.
Interested persons are invited to send comments regarding the
burden or any other aspect of these collections of information
requirements. However, as noted above, comments on these information
collection and recordkeeping requirements must be mailed and/or faxed
to the designee referenced below, within five working days:
Health Care Financing Administration, Office of Information Services,
Security and Standards Group, Division of HCFA Enterprise Standards,
Room: N2-14-26, 7500 Security Boulevard, Baltimore, Maryland 21244-
1850, Fax Number: (410) 786-0262, Attn: John Burke
or
Office of Information and Regulatory Affairs, Office of Management and
Budget, Room 10235, New Executive Office Building, Washington, DC
20503, Fax Number: (202) 395-6974 or (202) 395-5167, Attn: Allison
Herron Eydt, HCFA Desk Officer.
Dated: November 10, 1998.
John P. Burke III,
HCFA Reports Clearance Officer, HCFA, Office of Information Services,
Security and Standards Group, Division of HCFA Enterprise Standards.
[FR Doc. 98-30661 Filed 11-16-98; 8:45 am]
BILLING CODE 4120-03-P