[Federal Register Volume 67, Number 233 (Wednesday, December 4, 2002)]
[Notices]
[Pages 72217-72218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30786]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

[Document Identifier: CMS-R-209 and CMS-R-245]


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

AGENCY: Centers for Medicare and Medicaid Services.
    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid 
Services (CMS) (formerly known as 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 
collection 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 before the 
expiration of the normal time limits under OMB's regulations at 5 CFR 
part 1320. This is necessary to ensure compliance with an 
Administration initiative. We cannot reasonably comply

[[Page 72218]]

with the normal clearance procedures because of the potential for 
public harm.
    CMS is requesting OMB review and approval of this collection by 
December 6, 2002, with a 180-day approval period. Written comments and 
recommendations will be accepted from the public if received by the 
individuals designated below by December 5, 2002. 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.
    Reducing regulatory burden is one of the overarching goals of this 
Administration. Secretary Thompson convened an Advisory Committee on 
Regulatory Reform earlier this year to help guide HHS' broader efforts 
to streamline unnecessarily burdensome or inefficient regulations that 
interfere with the quality of health care. CMS worked with the 
recommendations from Secretary Thompson's Advisory Committee on 
Regulatory Reform to draft proposed changes to the OASIS. The Secretary 
announced these changes earlier and reported the reduced burden OASIS 
would be in place by December 16, 2002.
    CMS is proposing immediate modifications to the OASIS instrument 
that will result in reduction of burden for providers that will have 
the effect of freeing home health nurses and therapists from paperwork 
so they can focus on patient care. To reduce the burden, we need to 
make significant adjustments as quickly as possible. Our rollout date 
is December 9, 2002, to become effective a week later on December 16, 
2002. CMS is working closely with the HHA industry to accomplish this 
initiative. The revisions we are proposing in this Paperwork Reduction 
Act (PRA) package were also published in the Federal Register on August 
30, 2002 (67 FR 55850). We have responded to the dozen comments from 
the Federal Register notice.
    (1) Type of Information Collection Request: Extension of a 
currently approved collection; Title of Information Collection: 
Medicare and Medicaid Programs; Use and Reporting OASIS Data as Part of 
the CoPs for HHAs and Supporting Regulations in 42 CFR 484.11 and 
484.20; Form No.: CMS-R-209 (OMB  0938-0761); Use: HHAs are 
required to report data from the OASIS as a condition of participation. 
Specifically, the above named regulations sections provide guidelines 
for HHAs for the electronic transmission of the OASIS data as well as 
responsibilities of the State agency or OASIS contractor in collecting 
and transmitting this information to HCFA. These requirements are 
necessary to achieve broad-based, measurable improvement in the quality 
of care furnished through Federal programs, and to establish a 
prospective payment system for HHAs; Frequency: Reporting/monthly; 
Affected Public: Business or other-for-profit, Federal government, 
State, local or tribal government, not-for-profit institutions; Number 
of Respondents: 6,900; Total Annual Responses: 85,200; Total Annual 
Hours: 838,408.
    (2) Type of Information Collection Request: Extension of a 
currently approved collection; Title of Information Collection: 
Medicare and Medicaid Programs Use of the OASIS as Part of the CoPs for 
HHAs and Supporting Regulations in Part 484 of 42 CFR; Form No.: CMS-R-
245 (OMB  0938-0760); Use: This regulation requires HHAs to 
use a standard core assessment data set, the OASIS, to collect 
information and to evaluate adult non-maternity patients. In addition, 
data from the OASIS will be used for purposes of case mix adjusting 
patients under home health PPS and will facilitate the production of 
necessary case mix information at relevant time points in the patient's 
home heath stay. Modifications have been made to currently approved 
OASIS forms to allow for the preservation of masking of personally 
identifiable information for the non-Medicare/non-Medicaid individuals; 
Frequency: Recordkeeping/upon patient assessment; Affected Public: 
Business or other-for-profit, Federal government, State, local or 
tribal government, not-for-profit institutions; Number of Respondents: 
7,100; Total Annual Responses: 9,510,900; Total Annual Hours: 
8,013,013.
    We have submitted a copy of this notice to OMB for its review of 
these information collections. A notice will be published in the 
Federal Register when approval is obtained.
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS's 
Web Site address at http://cms.hhs.gov/regulations/pra/default.asp, or 
E-mail your request, including your address, phone number, OMB number, 
and CMS document identifier, to [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, by 
December 5, 2002:

CMS, Office of Strategic Operations and Regulatory Affairs, Division of 
Regulations Development and Issuances, 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: Brenda 
Aguilar, CMS Desk Officer.

    Dated: November 27, 2002.
Julie E. Brown,
Acting Paperwork Reduction Act Team Leader, CMS Reports Clearance 
Officer, Office of Strategic Operations and Strategic Affairs, Division 
of Regulations Development and Issuances.
[FR Doc. 02-30786 Filed 12-3-02; 8:45 am]
BILLING CODE 4120-03-P