[Federal Register Volume 70, Number 231 (Friday, December 2, 2005)]
[Notices]
[Pages 72303-72304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23414]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10001, CMS-10009, CMS-10167, and CMS-10062]


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: HIPAA 
Nondiscrimination Provisions (Regulation HCFA 2022-IFC); Form

[[Page 72304]]

Number: CMS-10001 (OMB: 0938-827); Use: The provisions of 
Title I of the Health Insurance Portability and Accountability Act of 
1996 (HIPAA) are designed to make it easier for people to access health 
care coverage; to reduce the limitations that can be put on the 
coverage; and to make it more difficult for issuers to terminate the 
coverage. Title I provisions are divided into group and individual 
market protections. The group provisions apply to employment-related 
group health plans and to the issuers who sell insurance in connection 
with group health plans. Section 2702 of the Public Health Service Act 
(PHS Act) (the HIPAA nondiscrimination provisions) establish rules 
generally prohibiting group health plans and group health insurance 
issuers from discriminating against individual participants or 
beneficiaries based on any health factor of such participants or 
beneficiaries.; Frequency: Third party disclosure, Reporting--Annually; 
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: 18; Total Annual 
Responses: 18; Total Annual Hours: 194.
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: HIPAA 
Nondiscrimination Provisions (Regulation HCFA 2078-P); Form Number: 
CMS-10009 (OMB: 0938-819); Use: The provisions of Title I of 
the Health Insurance Portability and Accountability Act of 1996 (HIPAA) 
are designed to make it easier for people to access health care 
coverage, to reduce the limitations that can be put on the coverage, 
and to make it more difficult for issuers to terminate the coverage. 
Title I provisions are divided into group and individual market 
protections. The group provisions apply to employment-related group 
health plans and to the issuers who sell insurance in connection with 
group health plans. Section 2702 of the Public Health Service Act (PHS 
Act--the HIPAA nondiscrimination provisions) establish rules generally 
prohibiting group health plans and group health insurance issuers from 
discriminating against individual participants or beneficiaries based 
on any health factor of such participants or beneficiaries.; Frequency: 
Third party disclosure, Reporting--Annually; 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: 2600; Total Annual Responses: 2600; 
Total Annual Hours: 100.
    3. Type of Information Collection Request: New collection; Title of 
Information Collection: Competitive Acquisition Program (CAP) for 
Medicare Part B Drugs: CAP Physician Election Agreement; Form Number: 
CMS-10167 (OMB: 0938-NEW); Use: Beginning in 2006, physicians 
will have a choice between acquiring and billing for Part B covered 
drugs under the Average Sales Price (ASP) drug payment methodology or 
electing to receive these drugs from vendors/suppliers selected for the 
CAP through a competitive bidding process. The provisions for this new 
payment system are described in the proposed rule entitled, ``Medicare 
Program; Competitive Acquisition of Outpatient Drugs and Biologicals 
Under Part B,'' that published March 4, 2005 (70 FR 10746), the interim 
final rule entitled, ``Medicare Program; Competitive Acquisition of 
Outpatient Drugs and Biologicals Under Part B,'' that published July 6, 
2005 (70 FR 39022), and the final rule entitled, ``Revisions to Payment 
Policies Under the Physician Fee Schedule for Calendar Year 2006,'' 
that published on November 21, 2005. Competitive bidding is seen as a 
means of using the dynamics of the marketplace to provide incentives 
for suppliers to provide reasonably priced products and services of 
high quality in an efficient manner. The CAP's objectives include the 
following: 1) to provide an alternative method for physicians to obtain 
Part B drugs to administer to Medicare beneficiaries; and 2) to reduce 
drug acquisition and billing burdens for physicians; Frequency: 
Reporting--Annually; Affected Public: Business or other-for-profit; 
Number of Respondents: 10,000; Total Annual Responses: 10,000; Total 
Annual Hours: 20,000.
    4. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Collection of 
Diagnostic Data from Medicare Advantage Organizations for Risk Adjusted 
Payments Supporting Regulations 42 CFR Part 422 Subparts F and G and 42 
CFR Part 423 Subparts F and G; Form Number: CMS-10062 (OMB: 
0938-0878); Use: Under the Medicare Prescription Drug Benefit, 
Improvement and Modernization Act of 2003 (MMA), the Congress 
restructured the M+C program into the Medicare Advantage (MA) program, 
Part C, and added an outpatient prescription drug benefit, Part D. In 
accordance with mandates in these laws, the Secretary of the Department 
of Health and Human Services must implement health status risk 
adjustment, a payment methodology for Parts C and D that takes into 
account the health status of plan enrollees. CMS collects inpatient and 
outpatient data. Part C data is collected using the CMS-HCC 
(hierarchical condition category) model. Part D data will be collected 
using the CMS Rx-HCC model. The Rx-HCC model is different from the CMS-
HCC model primarily in that it predicts plan liability for drug costs 
instead of medical/surgical costs for service under Parts A and B. CMS 
will use the data to make risk adjusted payment under Parts C and D. MA 
plans, Medicare Advantage Prescription Drug (MA-PD) plans, and stand-
alone Prescription Drug Plans (PDP's) will use the data to develop 
their Parts C and D bids.; Frequency: Reporting--Quarterly; Affected 
Public: Business or other-for-profit and Not-for-profit institutions; 
Number of Respondents: 505; Total Annual Responses: 14,091,370; Total 
Annual Hours: 8,351.
    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.
    To be assured consideration, comments and recommendations for the 
proposed information collections must be received at the address below, 
no later than 5 p.m. on January 31, 2006.

CMS, Office of Strategic Operations and Regulatory Affairs, Division of 
Regulations Development--B, Attention: William N. Parham, III, Room C4-
26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

    Dated: November 17, 2005.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. 05-23414 Filed 12-01-05; 8:45 am]
BILLING CODE 4120-01-P