[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Notices]
[Pages 57034-57035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19506]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10052, CMS-R-249 and CMS-10047]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Department of Health 
and Human 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 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 function; (2) the accuracy of the estimated

[[Page 57035]]

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: Recognition of 
pass-through payment for additional (new) categories of devices under 
the Outpatient Prospective Payment System and Supporting Regulations in 
42 CFR, Part 4 19; Use: Section 20 1 (b) of the Balanced Budget Act of 
1999 amended section 1833(t) of the Social Security Act (the Act) by 
adding new section 1833(t)(6). This provision requires the Secretary to 
make additional payments to hospitals for a period of 2 to 3 years for 
certain drugs, radiopharmaceuticals, biological agents, medical devices 
and brachytherapy devices. Section 1833(t)(6)(A)(iv) establishes the 
criteria for determining the application of this provision to new 
items. Section 1833(t)(6)(C)(ii) provides that the additional payment 
for medical devices be the amount by which the hospital's charges for 
the device, adjusted to cost, exceed the portion of the otherwise 
applicable hospital outpatient department fee schedule amount 
determined by the Secretary to be associated with the device. Section 
402 of the Benefits Improvement and Protection Act of 2000 made changes 
to the transitional pass-through provision for medical devices. The 
most significant change is the required use of categories as the basis 
for determining transitional pass-through eligibility for medical 
devices, through the addition of section 1833(t)(6)(B) of the Act.
    Interested parties such as hospitals, device manufacturers, 
pharmaceutical companies, and physicians apply for transitional pass-
through payment for certain items used with services covered in the 
outpatient prospective payment system. After CMS receives all requested 
information, CMS will evaluate the information to determine if the 
creation of an additional category of medical devices for transitional 
pass-through payments is justified. Form Number: CMS-10052 
(OMB: 0938-0857); Frequency: Reporting: Yearly; Affected 
Public: Business or other for-profit; Number of Respondents: 10; Total 
Annual Responses: 10; Total Annual Hours: 160.
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Hospice Cost and 
Data Report and supporting regulations 42 CFR 413.20 and 42 CFR 413.24; 
Use: In accordance with sections 1815(a), 1833(e), 1861(v)(A)(ii) and 
1881 (b)(2)(B) of the Social Security Act, providers of services in the 
Medicare program are required to submit annual information to receive 
reimbursement for health care services provided to Medicare 
beneficiaries. In addition, 42 CFR 413.20(b) requires that cost reports 
be filed with the provider's fiscal intermediary/Medicare 
Administrative Contractor (FI/MAC). The functions of the FI/MAC are 
described in section 1816 of the Social Security Act. The Center for 
Medicare and Medicaid Services will use the information from providers 
for rate evaluations for the Prospective Payment System. Form Number: 
CMS-R-249 (OMB: 0938-0758); Frequency: Reporting: Yearly; 
Affected Public: Business or other for-profit; Number of Respondents: 
1938; Total Annual Responses: 1938; Total Annual Hours: 341,088.
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Physicians' 
Referrals to Health Care Entities With Which They Have Financial 
Relationships and Supporting Regulations in 42 CFR, Sections 411.352 
through 411.361; Use: The collection of information contained in 42 CFR 
sections 411.352(d), 411.354(d), 411.355(e), 411.357(a), (b), (d), (e), 
(h), (l), (p), and (s), and 411.361 is necessary to allow CMS to 
implement section 1877 of the Social Security Act. This collection has 
been revised to eliminate the requirement in section 411.357(s) to 
notify insurance companies that an entity has a professional courtesy 
policy. CMS issued these regulations to comply with the provisions of 
section 1877 of the Social Security Act that prohibit a physician from 
referring a patient to an entity for a designated health service for 
which Medicare might otherwise pay, if the physician or an immediate 
family member has a financial relationship with the entity, unless an 
exception applies. Form Number: CMS-10047 (OMB: 0938-0846); 
Frequency: Yearly; Affected Public: Business or other for-profit and 
Not-for-profit institutions; Number of Respondents: 154,404 Total 
Annual Responses: 154,404; Total Annual Hours: 116,035.
    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 by the OMB desk 
officer at the address below, no later than 5 p.m. on November 5, 2007.

OMB Human Resources and Housing Branch, Attention: Carolyn Lovett, New 
Executive Office Building, Room 10235, Washington, DC 20503, Fax 
Number: (202) 395-6974.

    Dated: September 27, 2007.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
 [FR Doc. E7-19506 Filed 10-4-07; 8:45 am]
BILLING CODE 4120-01-P