[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Notices]
[Pages 42326-42327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14476]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

[Document Identifier: CMS-10167]


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, 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

[[Page 42327]]

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 
1320.13(a)(2)(iii). This is necessary to ensure compliance with an 
initiative of the Administration. The use of normal clearance 
procedures is reasonably likely to cause a statutory deadline to be 
missed.
    The Competitive Acquisition Program (CAP) is required by Section 
303(d) of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 and amends Title XVIII of the Social Security 
Act (the Act) by adding a new section 1847(B), which establishes a 
competitive acquisition program for the payment for Part B covered 
drugs and biologicals furnished on or after January 1, 2006. Physicians 
will be given a choice between buying and billing these drugs under the 
average sales price (ASP) system, or obtaining these drugs from vendors 
selected in a competitive bidding process.
    A physician is provided an election process for the selection of an 
approved CAP vendor on an annual basis. The CAP election agreement will 
initiate physician participation and designation of their approved CAP 
vendor and agreement to abide by the CAP program requirements. The 
Physician Election Agreement will be used annually by physicians to 
elect to participate in the CAP or to make changes to the previous 
year's selections.
    CMS is requesting OMB review and approval of this collection by 
August 12, 2005, with a 180-day approval period. Written comments and 
recommendation will be considered from the public if received by the 
individuals designated below by August 8, 2005.
    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.
    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 August 8, 2005:

Centers for Medicare and Medicaid Services, Office of Strategic 
Operations and Regulatory Affairs, Room C5-13-27, 7500 Security 
Boulevard, Baltimore, MD 21244-1850, Fax Number: (410) 786-0262, Attn: 
William N. Parham, III, CMS-10167 and
OMB Human Resources and Housing Branch, Attention: Christopher Martin, 
New Executive Office Building, Room 10235, Washington, DC 20503.

    Dated: July 15, 2005.
Michelle Shortt,
Acting Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 05-14476 Filed 7-21-05; 8:45 am]
BILLING CODE 4120-01-P