[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Notices]
[Pages 43449-43450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17117]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10166, CMS-10182, and CMS-846-849, 854, 
10125, 10126, and 10269]


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: Revision of a currently 
approved collection; Title of Information Collection: Payment Error 
Rate Measurement in Medicaid and the State Children's Health Insurance 
Program (SCHIP); Use: The Improper Payments Information Act (IPIA) of 
2002 requires CMS to produce national error rates for Medicaid and 
State Children's Health Insurance Program (SCHIP). To comply with the 
IPIA, CMS will engage a Federal contractor to produce the error rates 
in Medicaid and SCHIP.
    The states will be requested to submit, at their option, test data 
which include full claims details to the contractor prior to the 
quarterly submissions to detect potential problems in the dataset to 
and ensure the quality of the data. These states will be required to 
submit quarterly claims data to the contractor who will pull a 
statistically valid random sample, each quarter, by strata, so that 
medical and data processing reviews can be performed. State-specific 
error rates will be based on these review results.
    CMS needs to collect the claims data, medical policies, and other 
information from states as well as medical records from providers in 
order for the contractor to sample and review adjudicated claims in 
those states selected for review. Based on the reviews, state-specific 
error rates will be calculated which will serve as the basis for 
calculating national Medicaid and SCHIP error rates.
    This revision of the currently approved collection contains minor 
revisions to the information collection requirements. There is a 10-
hour increase in burden per state per program as part of a new process. 
Based on the past experience in PERM operation, the adjustment is made 
to ensure the quality of the data will comply with the data requirement 
during the measurement. Form Number: CMS-10166 (OMB 0938-
0974); Frequency: Quarterly, Yearly; Affected Public: State, Local or 
Tribal Governments; Number of Respondents: 34; Total Annual Responses: 
4,080; Total Annual Hours: 28,560.
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Model Creditable 
Coverage Disclosure Notices; Use: Section 1860D-1 of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) and 
implementing regulations at 42 CFR 423.56 require that entities that 
offer prescription drug benefits under any of the types of coverage 
described in 42 CFR 423.56(b) provide a disclosure of creditable 
coverage status to all Medicare Part D eligible individuals covered 
under the entity's plan informing them whether such coverage meets the 
actuarial requirements specified in guidelines provided by CMS.
    These disclosure notices must be provided to Part D eligible 
individuals, at minimum, at the following times: (1) Prior to an 
individual's initial enrollment period for Part D, as described under 
Sec.  423.38(a); (2) prior to the effective date of enrollment in the 
entity's coverage, and upon any change in creditable status; (3) prior 
to the commencement of the Part D Annual Coordinated Election Period 
(ACEP) which begins on November 15 of each year, as defined in Sec.  
423.38(b); and (4) upon request by the individual. In an effort to 
reduce the burden associated with providing these notices, our final 
regulations allow most entities to provide notices of creditable and 
non-creditable status with other information materials that these 
entities distribute to beneficiaries.
    This collection has been updated by eliminating the separate Model 
Personalized Disclosure Notice. CMS has incorporated the personalized 
information into the Model Creditable Disclosure Notice and the Model 
Non-Creditable Disclosure Notice for use by the public. Form Number: 
CMS-10182 (OMB 0938-0990); Frequency: Yearly and Semi-
annually; Affected Public: Federal Government, Business or Other For-
Profits and Not-for-Profit Institutions, and State, Local or Tribal 
Governments; Number of Respondents: 1,225,173; Total Annual Responses: 
1,225,173; Total Annual Hours: 522,204.
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Durable Medical

[[Page 43450]]

Equipment Medicare Administrative Contractors (MAC), Certificates of 
Medical Necessity; Use: The certificate of medical necessity (CMN) 
collects information required to help determine the medical necessity 
of certain items. CMS requires CMNs where there may be a vulnerability 
to the Medicare program. Each initial claim for these items must have 
an associated CMN for the beneficiary. Suppliers (those who bill for 
the items) complete the administrative information (e.g., patient's 
name and address, items ordered, etc.) on each CMN. The 1994 Amendments 
to the Social Security Act require that the supplier also provide a 
narrative description of the items ordered and all related accessories, 
their charge for each of these items, and the Medicare fee schedule 
allowance (where applicable). The supplier then sends the CMN to the 
treating physician or other clinicians (e.g., physician assistant, LPN, 
etc.) who completes questions pertaining to the beneficiary's medical 
condition and signs the CMN. The physician or other clinician returns 
the CMN to the supplier who has the option to maintain a copy and then 
submits the CMN (paper or electronic) to CMS, along with a claim for 
reimbursement. Form Number: CMS-846-849, 854, 10125, 10126, 10269 
(OMB 0938-0679); Frequency: Occasionally; Affected Public: 
Business or other for-profit and Not-for-profit institutions; Number of 
Respondents: 59,200; Total Annual Responses: 6,480,000; Total Annual 
Hours: 1,296,000.
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS' 
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 23, 2008:
    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 18, 2008.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. E8-17117 Filed 7-24-08; 8:45 am]
BILLING CODE 4120-01-P