[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58708-58709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20229]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10171]


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

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), Department of Health

[[Page 58709]]

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 initiative of 
the Administration. We cannot reasonably comply with the normal 
clearance procedures because the normal procedures are likely to cause 
a statutory deadline to be missed which may result in public harm.
    Section 1860D-23 and 1860D-24 of the Social Security Act, added by 
the Medicare Prescription Drug, Improvement and Modernization Act of 
2003 (MMA), requires the Secretary to establish requirements for 
prescription drug plans to ensure the effective coordination between 
Part D plans, State pharmaceutical assistance programs and other 
payers. These requirements have been codified into the Code of Federal 
Regulations at 42 CFR 423.464.
    Part D sponsors will be responsible for making system changes 
related to enrollment file sharing, claims processing and payment, 
reconciliation and tracking of the true out-of-pocket expenditures of 
beneficiaries prior to the implementation of Part D (January 1, 2006). 
System changes must also be implemented by State pharmaceutical 
assistance programs so that they may provide additional drug benefits 
at the pharmacy to Part D beneficiaries. In addition to making system 
changes, these changes must be tested, which will require additional 
time prior to January 1, 2006. Failure to make system changes may 
result in the delay in the implementation of the program and may result 
in a direct harm to beneficiaries since delays or mistakes in claims 
processing may result in beneficiaries not receiving their medications, 
or being unable to pay for medications out-of-pocket until the system 
issue is resolved.
    CMS is requesting OMB review and approval of this collection by 
November 8, 2005, with a 180-day approval period. Written comments and 
recommendations will be accepted from the public if received by the 
individuals designated below by November 7, 2005.
    Type of Information Collection Request: New Collection; Title of 
Information Collection: Coordination of Benefits between Part D Plans 
and Other Prescription Coverage Providers; Use: This information is 
necessary to assist with coordination of prescription drug benefits 
provided to the Medicare beneficiary at the pharmacy; Form Number: CMS-
10171 (OMB: 0938-NEW); Frequency: On occasion and monthly; 
Affected Public: Business or other for-profit, Federal, State, Local 
and Tribal Government; Number of Respondents: 56,320; Total Annual 
Responses: 2,153,767,270; Total Annual Hours: 1,017,914.
    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 at (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 received by the 
designees referenced below by November 7, 2005: Centers for Medicare & 
Medicaid Services, Office of Strategic Operations and Regulatory 
Affairs, Room C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-
1850, Attn: Melissa Musotto, CMS-10171. and, OMB Human Resources and 
Housing Branch, Attention: CMS Desk Officer, New Executive Office 
Building, Room 10235, Washington, DC 20503.

    Dated: September 30, 2005.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. 05-20229 Filed 10-6-05; 8:45 am]
BILLING CODE 4120-03-P