[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42577-42578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16777]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-R-21, CMS-10150, and CMS-484]


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 without change 
of a currently approved collection; Title of Information Collection: 
Withholding Medicare Payments to Recover Medicaid Overpayments and 
Supporting Regulations in 42 CFR 44.31; Use: Overpayments may occur in 
either the Medicare and Medicaid program, at times resulting in a 
situation where an institution or person that provides services owes a 
repayment to one program while still receiving reimbursement from the 
other. Certain Medicaid providers which are subject to offsets for the 
collection of Medicaid overpayments may terminate or substantially 
reduce their participation in Medicaid, leaving the State Medicaid 
Agency unable to recover the amounts due. These information collection 
requirements give CMS the authority to recover Medicaid overpayments by 
offsetting payments due to a provider under the program. Form Number: 
CMS-R-21 (OMB 0938-0287); Frequency: On occasion; Affected 
Public: State, Local or Tribal Governments; Number of Respondents: 54; 
Total Annual Responses: 27; Total Annual Hours: 81.
    2. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Collection of Drug Pricing and Network Pharmacy Data from Medicare 
Prescription Drug Plans (PDPs and MA-PDs) and Supporting Regulations in 
42 CFR 423.48; Use: Both stand alone prescription drug plans (PDPs) and 
Medicare Advantage Prescription Drug (MA-PDs) plans are required to 
submit drug pricing and pharmacy network data to CMS and these data are 
made publicly available to people with Medicare through the Medicare 
Prescription Drug Plan Finder Web tool on http://www.medicare.gov. Drug 
prices vary across a plans pharmacy network based on the contracts that 
each plan negotiates with each pharmacy or pharmacy chain in their 
networks. The pharmacy networks can change during the course of the 
year as new pharmacies open, close, change ownership, or plans 
negotiate new contracts with pharmacies resulting in different 
dispensing fees for prescriptions. Drug prices also change frequently 
due to the daily fluctuation of the Average Wholesale Price (AWP), thus 
plans increase or decrease their drug prices to reflect these changes. 
The purpose of the data is to enable prospective and current Medicare 
beneficiaries to compare, learn, select and enroll in a plan that best 
meets their needs. The database structure provides the necessary drug 
pricing and pharmacy network information to accurately communicate plan 
information in a comparative format. Form Number: CMS-10150 
(OMB 0938-0951); Frequency: Bi-weekly; Affected Public: 
Business or other for-profits; Number of Respondents: 680; Total Annual 
Responses: 17,680; Total Annual Hours: 70,720.
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Durable Medical 
Equipment Regional Carrier, Certificate of Medical Necessity for Oxygen 
and Supporting Regulations in 42 CFR 410.38 and 424.5; Use: The oxygen 
certificate of medical necessity (CMN) collects information required to 
help determine the medical necessity of home oxygen therapy for 
Medicare beneficiaries. CMS requires CMNs where items may present a 
vulnerability to the Medicare program. Each claim for these items must 
have an associated CMN for the beneficiary. In order to determine if a 
beneficiary needs home oxygen therapy, a qualifying blood gas study 
must be performed and it must comply with the DMERCs Oxygen Medical 
Policy on the standards for conducting the test and also be covered 
under Medicare Part B. A beneficiary must be seen and evaluated by the 
treating physician within specific timeframes as indicated by the 
Oxygen Medical Policy in order to complete an Initial CMN 
Certification, a Recertification CMN and a Revised CMN Certification. 
Form Number: CMS-484 (OMB 0938-0534); Frequency: Occasionally; 
Affected Public: Business or other for-profits; Number of Respondents: 
15,000; Total Annual Responses: 1,630,000; Total Annual Hours: 326,000.
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS's 
Web Site 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.
    In commenting on the proposed information collections please 
reference the document identifier or OMB control number. To be assured 
consideration, comments and recommendations must be submitted in one of 
the following ways by September 22, 2008:

[[Page 42578]]

    1. Electronically. You may submit your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection document(s) accepting comments.
    2. By regular mail. You may mail written comments to the following 
address: CMS, Office of Strategic Operations and Regulatory Affairs, 
Division of Regulations Development, Attention: Document Identifier/OMB 
Control Number ----------, Room C4-26-05, 7500 Security Boulevard, 
Baltimore, Maryland 21244-1850.

    Dated: July 11, 2008.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
 [FR Doc. E8-16777 Filed 7-21-08; 8:45 am]
BILLING CODE 4120-01-P