[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Notices]
[Pages 32630-32631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11136]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-838 and CMS-10148]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services.
    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid 
Services (CMS) 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.
    1. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Medicare Credit 
Balance Reporting Requirements and Supporting Regulations in 42 CFR 
405.371, 405.378, and 413.20; Form Nos.: CMS-838 (OMB  0938-
0600); Use: Section 1815(a) of the Social Security Act authorizes the 
Secretary to request information from providers which is necessary to 
properly administer the Medicare program. Quarterly credit balance 
reporting is needed to monitor and control the identification and 
timely collection of improper payments. The reporting requirements 
provide CMS with the authority to impose sanctions such as the 
suspension of program payments in accordance with 42 CFR 413.20(e) and 
405.371 if providers do not report credit balances on a timely basis. 
Furthermore, once a credit balance has been identified on an 838 and 
demand for payment is made, CMS has the authority to charge interest if 
the amount is not repaid within 30 days in accordance with 42 CFR 
405.378. The collection of credit balance information is needed to 
ensure that millions of dollars in improper program payments are 
collected. Approximately 48,300 health care providers will be required 
to submit a quarterly credit balance report that identifies the amount 
of improper payments they received that are due to Medicare. The 
intermediaries will monitor the reports to ensure these funds are 
collected; Frequency: Quarterly; Affected Public: Not-for-profit 
institutions, Business or other for-profit; Number of Respondents: 
48,300; Total Annual Responses: 193,200; Total Annual Hours: 579,600.
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: HIPAA 
Administrative Simplification Non-Privacy Enforcement; Form Nos.: CMS-
10148(OMB  0938-0948); Use: The

[[Page 32631]]

Health Insurance Portability and Accountability Act (HIPAA) became law 
in 1996 (Pub. L. 104-191). Subtitle F of Title II of HIPAA, entitled 
``Administrative Simplification,'' (A.S.) requires the Secretary of 
Health and Human Services to adopt national standards for certain 
information-related activities of the health care industry. The HIPAA 
provisions, by statute, apply only to ``covered entities'' referred to 
in section 1320d-2(a)(1) of this title. Responsibility for 
administering and enforcing the HIPAA A.S. Transactions, Code Sets, 
Identifiers and Security Rules has been delegated to the Centers for 
Medicare & Medicaid Services; Frequency: Reporting--On occasion; 
Affected Public: Business or other for-profit, Individuals or 
Households; Not-for-profit institutions, Federal Government, and State, 
Local or Tribal Government; Number of Respondents: 500; Total Annual 
Responses: 500; Total Annual Hours: 500.
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS' 
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.
    Written comments and recommendations for the proposed information 
collections must be mailed within 60 days of this notice to the address 
below: CMS, Office of Strategic Operations and Regulatory Affairs, 
Division of Regulations Development, Attention: William N. Parham, III, 
PRA Analyst, Room C5-13-27, 7500 Security Boulevard, Baltimore, 
Maryland 21244-1850.

    Dated: May 27, 2005.
Michelle Shortt,
Acting Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 05-11136 Filed 6-2-05; 8:45 am]
BILLING CODE 4120-01-P