[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62503-62504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21625]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10328]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Centers for Medicare & Medicaid Services.

ACTION: Notice.

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

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 (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 a second opportunity 
for public comment on the notice. Interested persons are invited to 
send comments regarding the burden estimate or any other aspect of this 
collection of information, including any of the following subjects: The 
necessity and utility of the proposed information collection for the 
proper performance of the agency's functions; the accuracy of the 
estimated burden; ways to enhance the quality, utility, and clarity of 
the information to be collected; and the use of automated collection 
techniques or other forms of information technology to minimize the 
information collection burden.

DATES: Comments on the collection(s) of information must be received by 
the OMB desk officer by October 11, 2016.

ADDRESSES: When commenting on the proposed information collections, 
please reference the document identifier or OMB control number. To be 
assured consideration, comments and recommendations must be received by 
the OMB desk officer via one of the following transmissions: OMB, 
Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-5806 OR Email: 
[email protected].
    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: Under the Paperwork Reduction Act of 1995 
(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. 
Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires 
federal agencies to publish a 30-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 that 
summarizes the following proposed collection(s) of information for 
public comment:
    1. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicare Self-
Referral Disclosure Protocol; Use: The Affordable Care Act (``ACA'') 
was enacted on March 23, 2010. Section 6409 of the ACA requires the 
Secretary of the Department of Health and Human Services (the 
``Secretary''), in cooperation with the Office of Inspector General of 
the Department of Health and Human Services, to establish a Medicare 
self-referral disclosure protocol (``SRDP''). The SRDP enables 
providers of services and suppliers to self-disclose actual or 
potential violations of the physician self-referral statute, section 
1877 of the Social Security Act (the ``Act''). Section 6409(b) of the 
ACA gives the Secretary the authority to reduce the amount due and 
owing for all violations of section 1877 of the Act. In establishing 
the amount by which an overpayment may be reduced, the Secretary may 
consider: the nature and extent of the improper or illegal practice; 
the timeliness of the self-disclosure; the cooperation in providing 
additional information related to the disclosure; and such other 
factors as the Secretary considers appropriate.
    In accordance with the ACA, CMS established the SRDP on September 
23, 2010, and information concerning how

[[Page 62504]]

to disclose an actual or potential violation of section 1877 of the Act 
was posted on the CMS Web site. The most recent approval of this 
information collection request (``ICR'') was issued by the Office of 
Management and Budget on August 26, 2014.
    We are now seeking approval to revise the currently approved ICR. 
Under the currently approved collection, a party must provide a 
financial analysis of overpayments arising from actual or potential 
violations of section 1877 of the Act based on a 4-year lookback 
period. On February 12, 2016, CMS published a final rule on the 
reporting and returning of overpayments. See CMS- 6037-F, Medicare 
Program; Reporting and Returning of Overpayments, 81 FR 7654 (Feb. 12, 
2016) (the ``final overpayment rule''). The final overpayment rule 
establishes a 6-year lookback period for reporting and returning 
overpayments. We are revising the information collection for the SRDP 
to reflect the 6-year lookback period established by the final 
overpayment rule. The revision is necessary to ensure that parties 
submitting self-disclosures to the SRDP report overpayments for the 
entire 6-year lookback period. The 6-year lookback period applies only 
to submissions to the SRDP received on or after March 14, 2016, the 
effective date of the final overpayment rule; parties submitting self-
disclosures to the SRDP prior to March 14, 2016 need only provide a 
financial analysis of potential overpayments based on a 4-year lookback 
period.
    We are also taking the opportunity to streamline and simplify the 
SRDP by issuing a required form for SRDP submissions. The SRDP Form 
will reduce the burden on disclosing parties by reducing the amount of 
information that is required for submissions to the SRDP and providing 
a streamlined and standardized format for the presentation of the 
required information. Form Number: CMS-10328 (OMB control number: 0938-
1106); Frequency: Annually and semi-annually; Affected Public: Private 
sector (Business or other for-profits and Not-for-profits); Number of 
Respondents: 200; Total Annual Responses: 200; Total Annual Hours: 
5,000. (For policy questions regarding this collection contact Matt 
Edgar at 410-786-0698).

    Dated: September 2, 2016.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2016-21625 Filed 9-8-16; 8:45 am]
 BILLING CODE 4120-01-P