[Federal Register Volume 64, Number 4 (Thursday, January 7, 1999)]
[Notices]
[Pages 1025-1026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-283]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration
[Document Identifier: HCFA-R-137]


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

AGENCY: Health Care Financing Administration, HHS.
    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, is 
publishing the following summary of proposed collections 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. The Agency cannot reasonably comply with the normal 
clearance procedures because public harm is likely to result due to the 
possibility of the Medicare program being unable to recover mistaken 
payments. The collection of this information is needed in order for 
Medicare to recover mistaken payments where a group health plan (GHP) 
should have paid primary to Medicare. Medicare supplies the 
questionnaire/instructions to identified employers and uses the 
completed questionnaires to identify situations where Medicare should 
pay secondary to a GHP for future claims and/or mistakenly paid primary 
to a GHP in the past. The instructions direct employers to supply 
information needed for compliance with the Debt Collection Improvement 
Act of 1996 (DCIA 1996) and reflect Balanced Budget Act of 1997 (BBA 
1997) changes to the Medicare Secondary Payer provisions relating to 
end stage renal disease and third party payers, etc. The information 
collected for DCIA 1996 compliance will include the names, addresses 
and tax identification numbers (TINs) of the following entities: the 
GHP, the insurer, any third party administrator for the GHP, any other 
plan sponsor, and the claims' processor. (This is in addition to the 
TIN information which is already collected with respect to the 
employer.)
    The above referenced revisions are critical to HCFA compliance with 
the DCIA 1996, which in turn is critical to HCFA's goal of obtaining a 
clean Office of Inspector General (OIG) audit opinion under the Chief 
Financial Officer Act. One of the factors in obtaining a clean opinion 
is compliance with applicable statutes and regulations. Additionally, 
Congress has expressed a continuing interest in agencies' compliance 
with DCIA 1996.
    Thus, additional questions and information were incorporated about 
these MSP changes in our revised booklet.
    We believe that compliance with the Data Match does not impose 
capital cost. HCFA continues to strive to make the process as efficient 
as possible. We offer the following supporting information:
    A. Employers are only required to complete the questionnaires for 
those workers who are Medicare beneficiaries (or whose spouses are 
Medicare beneficiaries.) They do not complete the questionnaire for 
their entire workforce.

[[Page 1026]]

Employers are questioned only when a worker's income is above the 
tolerance level.
    B. All employers may complete the Data Match questionnaire manually 
(handwritten, typed, etc.).
    C. Employers with 20 through 499 employees who are Medicare 
beneficiaries (or spouses of beneficiaries) for whom they must complete 
the questionnaires may submit the Data Match Questionnaire via a 
``Bulletin Board.'' The use of the ``Bulletin Board'' requires only 
access to a personal computer and a modem.
    D. For large employers, whose business is likely to operate in a 
mainframe environment with 500 or more employees who are Medicare 
beneficiaries (or spouses of beneficiaries) for whom they must complete 
the questionnaires, we offer the option of an electronic media 
submission of the questionnaire.
    In order to capture accurate information in a timely manner, we 
would like to expedite the review and clearance process of this booklet 
outside of the normal time frame.
    HCFA is requesting OMB review and approval of this collection 
within eleven working days, with a 180-day approval period. Written 
comments and recommendations will be accepted from the public if 
received by the individuals designated below within ten 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: Revision of a currently 
approved collection;
    Title of Information Collection: Internal Revenue Service/Social 
Security Administration/Health Care Financing Administration Data Match 
and Supporting Regulations in 42 CFR Section 411.20-411.206;
    Form No.: HCFA-R-137 (OMB# 0938-0565);
    Use: The purpose of this collection is to save the Medicare 
program, money. MSP is essentially the same concept known in the 
private insurance industry as coordination of benefits, and refers to 
those situations where Medicare assumes a secondary payer role (private 
insurance being the primary payer) for covered services provided to a 
Medicare beneficiary. It is HCFA's responsibility to implement the 
various Medicare Secondary Payer (MSP) provisions;
    Frequency: Semi-annually;
    Affected Public: Federal Government, Individuals or Households, 
Business or other for-profit, Not-for-profit institutions, Farms, 
State, and Local or Tribal Government;
    Number of Respondents: 276,251;
    Total Annual Responses: 276,251;
    Total Annual Hours: 1,096,181.
    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, 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 designees referenced below, within ten working days:
Health Care Financing Administration, Office of Information Services, 
Security and Standards Group, Division of HCFA Enterprise Standards 
Attention: Dawn Willinghan Room N2-14-26 7500 Security Boulevard 
Baltimore, Maryland 21244-1850; and
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: December 30, 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. 99-283 Filed 1-6-99; 8:45 am]
BILLING CODE 4120-03-P