[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Notices]
[Pages 23006-23007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09592]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10539]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect information from the public. Under the Paperwork Reduction 
Act of 1995 (the PRA), federal agencies are required to publish notice 
in the Federal Register concerning each proposed collection of 
information (including each proposed extension or reinstatement of an 
existing collection of information) and to allow 60 days for public 
comment on the proposed action. Interested persons are invited to send 
comments regarding our burden estimates 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.

DATES: Comments must be received by June 23, 2015.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted in any one of the following ways:
    1. Electronically. You may send 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) that are 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.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may make 
your request using one of following:
    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to [email protected].
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786-
1326.

SUPPLEMENTARY INFORMATION: 

Contents

    This notice sets out a summary of the use and burden associated 
with the following information collections. More detailed information 
can be found in each collection's supporting statement and associated 
materials (see ADDRESSES).

CMS-10539 Medicare and Medicaid Programs: Conditions of Participation 
for Home Health Agencies (HHA)

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain 
approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. The term 
``collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party.

[[Page 23007]]

Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 
60-day notice in the Federal Register concerning each proposed 
collection of information, including each proposed extension or 
reinstatement of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, CMS is publishing this notice.

Information Collection

    1. Type of Information Collection Request: New collection (Request 
for a new OMB control number); Title of Information Collection: 
Medicare and Medicaid Programs: Conditions of Participation for Home 
Health Agencies (HHA); Use: Home health services are covered for the 
elderly and disabled under the Hospital Insurance (Part A) and 
Supplemental Medical Insurance (Part B) benefits of the Medicare 
program, and are described in section 1861(m) of the Social Security 
Act (the Act) (42 U.S.C. 1395x). These services must be furnished by, 
or under arrangement with, an HHA that participates in the Medicare 
program, and be provided on a visiting basis in the beneficiary's home. 
They may include the following:
     Part-time or intermittent skilled nursing care furnished 
by or under the supervision of a registered nurse.
     Physical therapy, speech-language pathology, or 
occupational therapy.
     Medical social services under the direction of a 
physician.
     Part-time or intermittent home health aide services.
     Medical supplies (other than drugs and biologicals) and 
durable medical equipment.
     Services of interns and residents if the HHA is owned by 
or affiliated with a hospital that has an approved medical education 
program.
     Services at hospitals, SNFs, or rehabilitation centers 
when they involve equipment too cumbersome to bring to the home.
    Section 1861(o) of the Act (42 U.S.C. 1395x) specifies certain 
requirements that a home health agency must meet to participate in the 
Medicare program. Existing regulations at 42 CFR 440.70(d) specify that 
HHAs participating in the Medicaid program must also meet the Medicare 
CoPs.) In particular, section 1861(o)(6) of the Act requires that an 
HHA must meet the CoPs specified in section 1891(a) of the Act and such 
other CoPs as the Secretary finds necessary in the interest of the 
health and safety of its patients. Section 1891(a) of the Act 
establishes specific requirements for HHAs in several areas, including 
patient rights, home health aide training and competency, and 
compliance with applicable Federal, State, and local laws.
    Under the authority of sections 1861(o), 1871 and 1891 of the Act, 
the Secretary proposes to establish in regulations the requirements 
that an HHA must meet to participate in the Medicare program. These 
requirements would be set forth in 42 CFR part 484 as Conditions of 
Participation for Home Health Agencies. The CoPs apply to an HHA as an 
entity as well as the services furnished to each individual under the 
care of the HHA, unless a condition is specifically limited to Medicare 
beneficiaries.
    Under section 1891(b) of the Act, the Secretary is responsible for 
assuring that the CoPs, and their enforcement, are adequate to protect 
the health and safety of individuals under the care of an HHA and to 
promote the effective and efficient use of Medicare funds. To implement 
this requirement, State survey agencies generally conduct surveys of 
HHAs to determine whether they are complying with the CoPs.
    This information collection request is associated with Home Health 
Agency Conditions of Participation (0938-AG81) which published October 
9, 2014. Form Number: CMS-10539 (OMB control number: 0938-NEW); 
Frequency: Annually; Affected Public: Business or other for-profits and 
not-for-profit institutions; Number of Respondents: 19,474; Total 
Annual Responses: 32,929,239; Total Annual Hours: 2,786,198. (For 
policy questions regarding this collection contact Danielle Shearer at 
410-786-6617.)

    Dated: April 21, 2015.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2015-09592 Filed 4-23-15; 8:45 am]
 BILLING CODE 4120-01-P