[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Page 29323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10097]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10207]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & 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 & 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: Physician Self-
Referral Exceptions for Electronic Prescribing and Electronic Health 
Records (CMS-1303-F); Form Number: CMS-10207 (OMB: 0938-1009); 
Use: Section 101 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (MMA) directs the Secretary to create an 
exception to the physician self-referral prohibition in section 1877 of 
the Act for certain arrangements in which a physician receives 
compensation in the form of items or services (not including cash or 
cash equivalents) (``nonmonetary remuneration'') that is necessary and 
used solely to receive and transmit electronic prescription 
information. In addition, using our separate legal authority under 
section 1877(b)(4) of the Act, the regulation CMS-1303-F (71 FR 45140) 
created a separate regulatory exception for certain arrangements 
involving the provision of nonmonetary remuneration in the form of 
electronic health records software or information technology and 
training services necessary and used predominantly to create, maintain, 
transmit, or receive electronic health records. These exceptions are 
consistent with the President's goal of achieving widespread adoption 
of interoperable electronic health records to improve the quality and 
efficiency of health care while maintaining the levels of security and 
privacy that consumers expect.
    The conditions for both exceptions require that arrangements for 
the items and services provided must be set forth in a written 
agreement, be signed by the parties involved, specify the items or 
services being provided and the cost of those items or services, and 
cover all of the electronic prescribing and/or electronic health 
records technology to be provided by the donating entity. We have 
suggested that, instead of one master agreement that is updated with 
each new donation, the parties may choose to create a specific new 
contract and then reference other agreements or cross-reference a 
master list of agreements.
    The requirements associated with the exception for electronic 
prescribing items and services are limited to donations made by 
hospitals to members of their medical staffs; by group practices to 
their physician members; and by PDP sponsors and MA organizations to 
prescribing physicians. The requirements associated with the exception 
for electronic health records software or information technology and 
training services include donations by entities furnishing DHS to 
physicians. The paperwork burden is the creation and execution of the 
written agreements. The burden associated with the written agreement 
requirement is the time and effort necessary for documentation of the 
agreement between the parties, including the signatures of the parties. 
Frequency: Recordkeeping and Reporting--On occasion; Affected Public: 
Business or other for-profit and Not-for-profit institutions; Number of 
Respondents: 27,440; Total Annual Responses: 54,730; Total Annual 
Hours: 17,545.
    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/PaperworkReductionActof1995, 
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 July 24, 2007.
     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: May 21, 2007.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
 [FR Doc. E7-10097 Filed 5-24-07; 8:45 am]
BILLING CODE 4120-01-P