[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Pages 29135-29137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11811]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10053, CMS-R-142, CMS-10066, CMS-R-193, CMS-
10464 and CMS-588]


Agency Information Collection Activities: Submission for OMB 
Review; 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), 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

[[Page 29136]]

necessity and utility of the proposed information collection for the 
proper performance of the Agency's function; (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: Paid Feeding 
Assistants in Long-Term Care Facilities and Supporting Regulations at 
42 CFR 483.160; Use: In accordance with 42 CFR part 483, long-term care 
facilities are permitted to use paid feeding assistants to supplement 
the services of certified nurse aides. If facilities choose this 
option, feeding assistants must complete a training program. Nursing 
home providers are expected to maintain a record of all individuals 
used by the facility as paid feeding assistants. Form Number: CMS-10053 
(OCN: 0938-0916); Frequency: Occasionally; Affected Public: Private 
Sector--Business or other for-profit and not-for-profit institutions; 
Number of Respondents: 4,250; Total Annual Responses: 4,250; Total 
Annual Hours: 25,500. (For policy questions regarding this collection 
contact Shelly Ray at 410-786-7884. For all other issues call 410-786-
1326.)
    2. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Examination and Treatment for Emergency Medical Conditions and Women in 
Labor (EMTALA), 42 CFR 482.12, 488.18, 489.20, and 489.24; Use: In 
accordance with 42 CFR 488.18, 489.20 and 489.24, during Medicare 
surveys of hospitals and state agencies, CMS will review hospital 
records for lists of on-call physicians. CMS will also review and 
obtain the information which must be recorded in hospital medical 
records for individuals with emergency medical conditions and women in 
labor. The emergency department reporting the information, Medicare 
participating hospitals and Medicare state survey agencies must forward 
the information to CMS. Additionally, CMS will use the Quality 
Improvement Organizations Report assessing whether an individual had an 
emergency condition and whether the individual was stabilized to 
determine whether to impose a civil monetary penalty or physician 
exclusion sanctions. Without such information, CMS will be unable to 
make the hospital emergency services compliance determinations as 
required under sections 1154, 1866 and 1867 of the Consolidated Omnibus 
Budget Reconciliation Act (COBRA) of 1985. Form Number: CMS-R-142 (OCN: 
0938-0667). Frequency: Occasionally; Affected Public: Private Sector 
(business or other for-profit and not-for-profit institutions); Number 
of Respondents: 6,149; Total Annual Responses: 6,149; Total Annual 
Hours: 6,149. (For policy questions regarding this collection contact 
Renate Dombrowski at 410-786-4645. For all other issues call 410-786-
1326.)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Detailed Notice 
of Discharge (DND); Use: When a Medicare beneficiary requests a Quality 
Improvement Organization review of his/her inpatient hospital 
discharge, hospitals and Medicare plans have used the DND to provide 
the beneficiary with a detailed explanation regarding the reason for 
discharge. Form Number: CMS-10066 (OCN: 0938-1019). Frequency: Yearly. 
Affected Public: Private Sector--Business or other for-profit and not-
for-profit institutions; Number of Respondents: 6,169; Total Annual 
Responses: 12,852; Total Annual Hours: 12,852. (For policy questions 
regarding this collection contact Evelyn Blaemire at 410-786-1803. For 
all other issues call 410-786-1326.)
    4. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Important Message 
from Medicare (IM); Use: Hospitals have used the Important Message from 
Medicare (IM) to inform original Medicare, Medicare Advantage, and 
other Medicare plan beneficiaries who are hospital inpatients about 
their hospital rights and discharge rights. In particular, the IM 
provides information about when a beneficiary will and will not be 
liable for charges for a continued stay in a hospital and offers a 
detailed description of the Quality Improvement Organization review 
process. Form Number: CMS-R-193 (OCN: 0938-0692). Frequency: Yearly; 
Affected Public: Private Sector--Business or other for-profit and not-
for-profit institutions; Number of Respondents: 6,169; Total Annual 
Responses: 19,840,000; Total Annual Hours: 2,976,000. (For policy 
questions regarding this collection contact Evelyn Blaemire at 410-786-
1803. For all other issues call 410-786-1326.)
    5. Type of Information Collection Request: New collection (Request 
for a new control number); Title of Information Collection: Agent/
Broker Data Collection in Federally-facilitated Health Insurance 
Exchanges; Use: Both section 1312(e) of the Affordable Care Act and 45 
CFR 155.220 permit states to allow agents and brokers to enroll 
qualified individuals, employers, and employees in QHPs, including 
through the Exchange; and assist individuals in applying for advance 
payments of the premium tax credit and cost-sharing reductions. Agents 
and brokers will serve as additional access points to the Exchange for 
individuals, SHOP employers or SHOP employees requiring or desiring 
agent and broker assistance.
    In order to interface with the Federally-facilitated Exchange 
(FFE), agents and brokers must establish an account and obtain a user 
ID through the CMS Enterprise Portal. Additionally, agents and brokers 
must register for, and successfully complete, Exchange-specific 
training, which enforces their understanding of eligibility and 
enrollment requirements in Exchanges. Agents and brokers must also 
apply this understanding to the use or development of any non-Exchange 
Web site, such as an issuer's or web broker's Web site, used as a tool 
for enrollment. At the conclusion of training, agents and brokers will 
attest to adhere to FFE standards and requirements. Web-brokers will 
sign and submit a similar agreement.
    We estimate that it will take approximately one-half hour (30 
minutes) per applicant to complete all of the data collection 
activities associated with the process. They must register on-line for 
a training module; complete an on-line attestation (or, if they are web 
brokers sign and submit their agreement); and finally, if for some 
reason they choose to terminate their registration, complete and sign a 
termination notice. Collectively, these activities will take no more 
than 30 minutes.
    We estimate that approximately 350,000 agents and brokers will seek 
to register to participate in the FFE. At an estimated 30 minutes (0.50 
hours) per broker, that result in 175,000 hours of overall burden. 
According to the Bureau of Labor and Statistics, Insurance Sales Agents 
earned an average of $30.48 per hour in 2012. We factored that up by 3% 
for 2013 and 2014, for an average annual wage of $32.34. Applying that 
cost factor to the estimated 175,000 hours of burden yields an overall 
cost estimate of $5,659,500 for the first year of operation.
    The 60-day Federal Register notice was published on February 7, 
2013 (78 FR 9056). We received nine comments.

[[Page 29137]]

Of those nine comments, three were related to the information 
collection request and six were out of scope. Specifically, one 
commenter requested a process that would allow web-brokers to enroll 
people without reporting individual issuer appointments, and CMS made 
this revision to the registration process. We also received some 
questions about how the training process will work. We confirmed that 
agents and brokers will only need to register for the FFE once and that 
CMS will host the training program, as opposed to individual issuers. 
As a result of the comments, we modified both the registration process 
and simplified how agents and brokers would participate in the 
Exchanges to make it align more closely with how issuers, agents, and 
web-brokers currently do business. Form Number: CMS-10464 (OCN: 0938-
NEW); Frequency: Annually; Affected Public: Private Sector--Business or 
Other For-Profit, Non-For-Profit Institutions, or Farms; Number of 
Respondents: 350,000; Total Annual Responses: 350,000; Total Annual 
Hours: 175,000 hours. (For policy questions regarding this collection 
contact Leigha Basini at 301-492-4307. For all other issues call 410-
786-1326.)
    6. Type of Information Collection Request: Revision of a currently 
approved collection. Title of Information Collection: Electronic Funds 
Transfers Authorization Agreement; Use: The primary function of the 
Electronic Funds Transfer Authorization Agreement (CMS 588) is to 
gather information from a provider/supplier to establish an electronic 
payment process.
    The legal authority to collect this information is found in Section 
1815(a) of the Social Security Act. This section provides authority for 
the Secretary of Health and Human Services to pay providers/suppliers 
of Medicare services. Under 31 U.S.C. 3332(f)(1), all federal payments, 
including Medicare payments to providers and suppliers, shall be made 
by electronic funds transfer. 31 U.S.C. 7701 (c) requires that any 
person or entity doing business with the federal government must 
provide their Tax Identification Number (TIN).
    The goal of this submission is to renew the data collection. Only 
two minor revisions for systems requirements will be made at this time, 
specifically adding a street address line for the location of the 
financial institution and adding an additional National Provider 
Identification (NPI) number collection field for those providers/
suppliers who have more than one NPI. Form Number: CMS-588 (OCN: 0938-
0626); Frequency: Occasionally; Affected Public: Private Sector--
Business or other for-profits and not-for-profit institutions; Number 
of Respondents: 94,000; Total Annual Responses: 94,000; Total Annual 
Hours: 23,500. (For policy questions regarding this collection contact 
Kim McPhillips at 410-786-5374. 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 address at http://www.cms.hhs.gov/PaperworkReductionActof1995, or 
Email 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 June 17, 2013.
    OMB, Office of Information and Regulatory Affairs, Attention: CMS 
Desk Officer, Fax Number: (202) 395-6974, Email: OIRA[email protected].

    Dated: May 14, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2013-11811 Filed 5-16-13; 8:45 am]
BILLING CODE 4120-01-P