[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Notices]
[Pages 53924-53925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20242]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

[Document Identifier: CMS-10115]


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

AGENCY: Center for Medicare and Medicaid Services, HHS.

    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), Department of Health and Human Services, submitted the 
following collection for emergency review and approval.
    We requested 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 provisions of section 1011 of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (MMA). We cannot 
reasonably comply with the normal clearance procedures because of the 
statutory implementation date of September 1, 2004.
    OMB evaluated the collection for necessity and utility of the 
proposed information collection for the proper performance of the 
agency's functions; the accuracy of the estimated burden; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and the use of automated collection techniques or other 
forms of information technology to minimize the information collection 
burden.
    OMB approved the collection emergency review of the information 
collection referenced below on August 31, 2004. OMB approved CMS's 
request of this collection for a 180-day approval period.

    Note: CMS will issue its payment methodology shortly.

Background

    Section 1011 provides $250 million per year for fiscal years (FY) 
2005-2008 for payments to eligible providers for emergency health 
services provided to undocumented aliens and other specified aliens. 
Two-thirds of the funds will be divided among all 50 States and the 
District of Columbia based on their relative percentages of 
undocumented aliens. One-third will be divided among the six States 
with the largest number of undocumented alien apprehensions.
    From the respective State allotments, payments will be made 
directly to hospitals, certain physicians, and ambulance providers for 
some or all of the costs of providing emergency health care required 
under section 1867 and related hospital inpatient, outpatient and 
ambulance services to eligible individuals. Eligible providers may 
include an Indian Health Service facility whether operated by the 
Indian Health Service or by an Indian tribe or tribal organization. A 
Medicare critical access hospital (CAH) is also a hospital under the 
statutory definition. Payments under section 1011 may only be made to 
the extent that care was not otherwise reimbursed (through insurance or 
otherwise) for such services during that fiscal year.
    Payments may be made for services furnished to certain individuals 
described in the statute as: (1) Undocumented aliens; (2) aliens who 
have been paroled into the United States at a port of entry for the 
purpose of receiving eligible services; and (3)

[[Page 53925]]

Mexican citizens permitted to enter the United States for not more than 
72 hours under the authority of a biometric machine readable border 
crossing identification card (also referred to as a ``laser visa'') 
issued in accordance with the requirements of regulations prescribed 
under a specific section of the Immigration and Nationality Act.
    Type of Information Collection Request: New collection; Title of 
Information Collection: Federal Funding of Emergency Health Services 
(Section 1011): Enrollment Application; Use: This enrollment 
application will: identify a provider's potential interest in seeking 
payment under section 1011, but does not require the hospital to seek 
that payment; will allow hospitals to make a payment election, as 
required by section 1011(c)(3)(C); allow CMS to obtain necessary 
financial information to effectuate payments and issue the appropriate 
tax information; establish the State of service for each provider; 
allow CMS to verify that the hospital, physician or provider of 
ambulance services is currently enrolled as a Medicare provider; 
require hospitals to notify physicians of its election under (c)(3)(C) 
of section 1011; require hospitals electing hospital and physician 
payments to provide reimbursement to physicians in a prompt manner; 
prohibit hospitals electing to receive both hospital and physician 
payments from charging an administrative or other fee to physicians for 
the purpose of transferring reimbursement to physicians (see section 
1011(c)(3)(D)); establishes the provider's obligation to repay any 
assessed overpayment within 30 days of notification by CMS; and, 
informs a provider that applicable Federal laws apply to submission of 
false claims.
    Form Number: CMS-10115 (OMB: 0938--New); Frequency: Other: 
as needed; Affected Public: Business or other for-profit, Not-for-
profit institutions, and State, local or tribal govt.; Number of 
Respondents: 62,500; Total Annual Responses: 62,500; Total Annual 
Hours: 31,250.
    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://www.cms.hhs.gov/regulations/pra/, 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.

    Dated: August 31, 2004.
John P. Burke, III,
Reports Clearance Officer, Office of Strategic Operations and Strategic 
Affairs, Division of Regulations Development and Issuances.
[FR Doc. 04-20242 Filed 9-1-04; 1:58 pm]
BILLING CODE 4120-03-P