[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Pages 44366-44368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20845]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-1515/1572, CMS-301, CMS-317, CMS-319, CMS-
1957 and CMS-10296]


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 without change 
of a currently approved collection; Title of Information Collection: 
Home Health Agency Survey and Deficiencies Report, Home Health 
Functional Assessment Instrument and Supporting Regulations in 42 CFR 
488.26 and 442.30. Use: In order to participate in the Medicare Program 
as a Home Home Agency (HHA) provider, the HHA must meet Federal 
Standards. These forms are used to record information and patients' 
health and provider compliance with requirements and to report the 
information to the Federal Government. Form Number: CMS-1515/1572 
(OMB: 0938-0355); Frequency: Reporting--Yearly; Affected 
Public: Health Care Services; Number of Respondents: 10,078; Total 
Annual Responses: 5,614; Total Annual Hours: 9,821. (For policy 
questions regarding this collection contact Patricia Sevast at 410-786-
8135. For all other issues call 410-786-1326.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Certification of 
Medicaid Eligibility Quality Control Payment Error Rates and Supporting 
Regulations Contained in 42 CFR 431.816. Use: Under the MEQC program, 
States can operate the traditional MEQC sample-and-review program or 
States can elect to study targeted areas of eligibility or program 
administration that are error-prone or that will help to prevent or 
reduce erroneous or misspent funds. These alternative MEQC programs are 
called MEQC pilots. Some States operate alternative MEQC programs as 
part of their research and demonstration waivers under Section 1115 of 
the Social Security Act. The majority of States operate some form of 
alternative MEQC program. However, since the number of States that 
conduct traditional MEQC programs and alternative MEQC programs can 
fluctuate at any time, we have assessed the burden and costs associated 
with submitting the Payment Error Rate form as if all States were 
reporting this information.
    State agencies are required to submit the Payment Error Rate form 
to their respective CMS Regional Offices. Regional Office staff will 
review these forms for completeness and will forward these forms to the 
Central Office for compilation of error rate charts for

[[Page 44367]]

projected quarterly withholdings and/or fiscal disallowances. The 
collection of information is also necessary to implement provisions 
from the Children's Health Insurance Program Reauthorization Act of 
2009 (CHIPRA) (Pub. L. 111-3) with regard to the Medicaid Eligibility 
Quality Control (MEQC) and Payment Error Rate Measurement (PERM) 
programs. Form Number: CMS-301 (OMB: 0938-0246); Frequency: 
Reporting and Recordkeeping--Yearly; Affected Public: State, Local, or 
Tribal Governments; Number of Respondents: 51; Total Annual Responses: 
102; Total Annual Hours: 16,446. (For policy questions regarding this 
collection contact Jessica Woodard at 410-786-9249. For all other 
issues call 410-786-1326.)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: State Medicaid 
Eligibility Quality Control Sampling Plan and Supporting Regulations in 
42 CFR 431.800-431.865; Use: The Medicaid Eligibility Quality Control 
(MEQC) System is operated by the State Title XIX agency to monitor and 
improve the administration of its Medicaid system. The MEQC system is 
based on monthly State reviews of Medicaid cases by States performing 
the traditional sampling process identified through statistically 
reliable statewide samples of cases selected from the eligibility 
files. These reviews are conducted to determine whether or not the 
sampled cases meet applicable State Title XIX eligibility requirements. 
The reviews are also used to assess beneficiary liability, if any, and 
to determine the amounts paid to provide Medicaid services for these 
cases.; Form Number: CMS-317 (OMB: 0938-0146); Frequency: 
Recordkeeping and Reporting--Semi-annually; Affected Public: State, 
Local or Tribal governments; Number of Respondents: 10; Total Annual 
Responses: 20; Total Annual Hours: 480. (For policy questions regarding 
this collection contact Jessica Woodard at 410-786-9249. For all other 
issues call 410-786-1326.)
    4. Type of Information Collection Request: Revision of the 
currently approved collection; Title of Information Collection: State 
Medicaid Eligibility Quality Control (MEQC) Sample Selection Lists and 
Supporting Regulations in 42 CFR 431.800-431.865; Use: State Medicaid 
Eligibility Quality Control (MEQC) is operated by the State Title XIX 
agency to monitor and improve the administration of its Medicaid 
system. The MEQC system is based on State reviews of Medicaid 
beneficiaries identified through statistically reliable statewide 
samples of cases selected from the eligibility files. These reviews are 
conducted to determine whether or not the sampled cases meet applicable 
State Title XIX eligibility requirements by States performing the 
traditional sample process. The reviews are also used to assess 
beneficiary liability, if any, and to determine the amounts paid to 
provide Medicaid services for these cases. At the beginning of each 
month, State agencies still performing the traditional sample are 
required to submit sample selection lists which identify all of the 
cases selected for review in the States' samples. The sample selection 
lists contain identifying information on Medicaid beneficiaries such 
as: State agency review number; beneficiary's name and address; the 
name of the county where beneficiary resides; Medicaid case number, 
etc. The submittal of the sample selection lists is necessary for 
regional office (RO) validation of State reviews. Without these lists, 
the integrity of the sampling results would be suspect and the ROs 
would have no data on the adequacy of the States' monthly sample draw 
or review completion status.; Form Number: CMS-319 (OMB: 0938-
0147); Frequency: Reporting--Monthly; Affected Public: State, Local or 
Tribal governments; Number of Respondents: 10; Total Annual Responses: 
120; Total Annual Hours: 960. (For policy questions regarding this 
collection contact Jessica Woodard at 410-786-9249. For all other 
issues call 410-786-1326.)
    5. Type of Information Collection Request: Reinstatement without 
change of a previously approved collection; Title of Information 
Collection: SSO Report of State Buy-in Problem and Supporting 
Regulations in 42 CFR 407.40; Use: Under the State Buy-In program, 
States enroll certain groups of needy people under the Part B 
Supplementary Medical Insurance (SMI) Program and pay their premiums. 
The purpose of the ``buy-in'' is to allow the States to provide SMI 
protection to certain groups of needy individuals as part of its total 
assistance plan. Generally, States ``buy-in'' for individuals who are 
categorically needy under Medicaid and meet the eligibility 
requirements for Medicare Part B. States can also include in their buy-
in agreement those eligible for medical assistance only. The CMS-1957 
is used in the resolution of beneficiary complaints regarding State 
buy-in. This form facilitates the coordination of efforts between the 
SSO, State Medicaid Agencies, and CMS in the resolution of a 
beneficiary's State buy-in problem. Form Number: CMS-1957 
(OMB: 0938-0035); Frequency: Reporting--On occasion; Affected 
Public: Federal government, Individuals or Households, and State, 
Local, and Tribal governments; Number of Respondents: 5,600; Total 
Annual Responses: 5,600; Total Annual Hours: 1,816. (For policy 
questions regarding this collection contact Lucia Diaz-Robinson at 410-
786-0598. For all other issues call 410-786-1326.)
    6. Type of Information Collection Request: New collection; Title of 
Information Collection: Electronic Health Records (EHR) Testing; Use: 
The Centers for Medicare and Medicaid Services (CMS) has indicated 
through statements in proposed and final rulemaking for the Reporting 
Hospital Quality Data for Annual Payment Update (RHQDAPU) program that 
it is actively seeking to pursue quality measurement based on 
alternative sources of data that do not require manual chart 
abstraction or that utilize data already being reported by many 
hospitals for other programs, as doing so would potentially reduce the 
burden associated with the collection and reporting of measures for the 
program. Over the years, we have encouraged hospitals to take steps 
toward the adoption of electronic health records (EHRs) that would 
allow for reporting of clinical quality data from the EHRs directly to 
a CMS data repository beginning with the FY 2006 Inpatient Prospective 
Payment System (IPPS) Rule (70 FR 47420 through 47421). We have also 
encouraged hospitals that are implementing, upgrading, or developing 
EHR systems to ensure that the technology obtained, upgraded, or 
developed conforms to standards adopted by the Department of Health and 
Human Services (HHS).
    In the IPPS 2010 proposed rule (74 FR 24182), we described our 
intent to begin a voluntary testing program for the submission to CMS 
of standardized data elements needed to calculate inpatient hospital 
quality measures on the topics of Stroke, Venous thromboembolism, and 
Emergency department throughput. These measures have not been adopted 
for the Reporting Hospital Quality for Annual Payment Update (RHQDAPU) 
program, and participation in this voluntary EHR-testing program will 
not substitute for submission of data elements required under the 
RHQDAPU program in a time, form and manner specified by the Secretary. 
Similarly, non-participation in this voluntary program will not incur 
any penalties.

[[Page 44368]]

The results of this voluntary testing process will enable CMS to assess 
the feasibility of collecting data elements via electronic health 
records as a future alternative to submission of manually abstracted 
chart data elements by hospitals, thereby potentially reducing the 
administrative burden associated with submission of quality measures 
for the RHQDAPU program. Form Number: CMS-10296 (OMB: 0938-
New); Frequency: Reporting--Once; Affected Public: Private Sector--
Business or other for-profits and Not-for-profit institutions; Number 
of Respondents: 55; Total Annual Responses: 55; Total Annual Hours: 
28,655. (For policy questions regarding this collection contact Shaheen 
Halim at 410-786-0641. For all other issues call 410-786-1326.)
    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 October 27, 2009:
    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: August 21, 2009.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. E9-20845 Filed 8-27-09; 8:45 am]
BILLING CODE 4120-01-P