[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Notices]
[Pages 47958-47960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19677]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers CMS-10261, CMS-10556, CMS-R-305, CMS-10328 and 
CMS-10079]


Agency Information Collection Activities: Submission for OMB 
Review; 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 (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 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, 2019.

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' website address at website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.
    1. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to [email protected].
    2. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: William Parham at (410) 786-4669.

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

[[Page 47959]]

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 with change of 
a previously approved collection; Title of Information Collection: Part 
C Medicare Advantage Reporting Requirements and Supporting Regulations 
in 42 CFR 422.516(a); Use: Section 1852(m) of the Social Security Act 
(the Act) and CMS regulations at 42 CFR 422.135 allow Medicare 
Advantage (MA) plans the ability to provide ``additional telehealth 
benefits'' to enrollees starting in plan year 2020 and treat them as 
basic benefits. MA additional telehealth benefits are limited to 
services for which benefits are available under Medicare Part B but 
which are not payable under section 1834(m) of the Act. In addition, MA 
additional telehealth benefits are services that been identified by the 
MA plan for the applicable year as clinically appropriate to furnish 
through electronic information and telecommunications technology (or 
``electronic exchange'') when the physician (as defined in section 
1861(r) of the Act) or practitioner (as defined in section 
1842(b)(18)(C) of the Act) providing the service is not in the same 
location as the enrollee. Per Sec.  422.135(d), MA plans may only 
furnish MA additional telehealth benefits using contracted providers.
    The changes for the 2020 Reporting Requirements will require plans 
to report Telehealth benefits. The data collected in this measure will 
provide CMS with a better understanding of the number of organizations 
utilizing Telehealth per contract and to also capture those specialties 
used for both in-person and Telehealth. This data will allow CMS to 
improve its policy and process surrounding Telehealth. In addition, the 
specialist and facility data we are collecting aligns with some of the 
provider and facility specialty types that organizations are required 
to include in their networks and to submit on their HSD tables in the 
Network Management Module in Health Plan Management System. Form 
Number: CMS-10261 (OMB control number 0938-1054); Frequency: 
Occasionally; Affected Public: State, Local, and Tribal Governments; 
Number of Respondents: 594; Total Annual Responses: 4,752; Total Annual 
Hours: 187,926. (For policy questions regarding this collection contact 
Mark Smith at 410-786-8015.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Medical Necessity 
and Contract Amendments Under Mental Health Parity; Use: Upon request, 
regulated entities must provide a medical necessity disclosure. 
Receiving this information will enable potential and current enrollees 
to make more educated decisions given the choices available to them 
through their plans and may result in better treatment of their mental 
health or substance use disorder (MH/SUD) conditions. States use the 
information collected and reported as part of its contracting process 
with managed care entities, as well as its compliance oversight role. 
In states where a Medicaid Managed Care Organization (MCO) is 
responsible for providing the full scope of medical/surgical and MH/SUD 
services to beneficiaries, the state will review the parity analysis 
provided by the MCO to confirm that the MCO benefits are in compliance. 
CMS uses the information collected and reported in an oversight role of 
State Medicaid managed care programs. Form Number: CMS-10556 (OMB 
control number: 0938-1280); Frequency: Once and occasionally; Affected 
Public: Individuals and households, the Private sector, and State, 
Local, or Tribal Governments; Number of Respondents: 47,468,596; Total 
Annual Responses: 285,444; Total Annual Hours: 48,057. (For policy 
questions regarding this collection contact Juliet Kuhn at 410-786-
2480.)
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: External Quality 
Review (EQR) of Medicaid Managed Care Organizations (MCOs) and 
Supporting Regulations; Use: State agencies must provide to the 
external quality review organization (EQRO) information obtained 
through methods consistent with the protocols specified by CMS. This 
information is used by the EQRO to determine the quality of care 
furnished by an MCO. Since the EQR results are made available to the 
general public, this allows Medicaid/CHIP enrollees and potential 
enrollees to make informed choices regarding the selection of their 
providers. It also allows advocacy organizations, researchers, and 
other interested parties access to information on the quality of care 
provided to Medicaid beneficiaries enrolled in Medicaid/CHIP MCOs. 
States use the information during their oversight of these 
organizations. Form Number: CMS-R-305 (OMB control number 0938-0786); 
Frequency: Yearly; Affected Public: State, Local, or Tribal 
Governments; Number of Respondents: 629; Total Annual Responses: 4,869; 
Total Annual Hours: 426,492. (For policy questions regarding this 
collection contact Jennifer Sheer at 410-786-1769.)
    4. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Medicare Self-
Referral Disclosure Protocol; Use: Section 6409 of the ACA requires the 
Secretary to establish a voluntary self-disclosure process that allows 
providers of services and suppliers to self-disclose actual or 
potential violations of section 1877 of the Act. In addition, section 
6409(b) of the ACA gives the Secretary authority to reduce the amounts 
due and owing for the violations. To determine the nature and extent of 
the noncompliance and the appropriate amount by which an overpayment 
may be reduced, the Secretary must collect relevant information 
regarding the arrangements and financial relationships at issue from 
disclosing parties. The Secretary may also collect supporting 
documentation, such as contracts, leases, communications, invoices, or 
other documents bearing on the actual or potential violation(s). Most 
of the information and documentation required for submission to CMS in 
accordance with the SRDP is information that health care providers of 
services and suppliers keep as part of customary and usual business 
practices. Form Number: CMS-10328 (OMB control number: 0938-1106); 
Frequency: Yearly; Affected Public: Private Sector (business or other 
for-profits, not-for-profit institutions); Number of Respondents: 100; 
Total Annual Responses: 100; Total Annual Hours: 5,000. (For policy 
questions regarding this collection contact Matthew Edgar at 410-786-
0698.)
    5. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Hospital Wage 
Index Occupational Mix Survey; Use: Section 304(c) of Public Law 106-
554 mandates an occupational mix adjustment to the wage index, 
requiring the collection of data every 3 years on the occupational mix 
of employees for each short-term, acute care hospital participating in 
the Medicare program. The proposed data collection that is

[[Page 47960]]

included in this submission complies with this statutory requirement. 
The purpose of the occupational mix adjustment is to control for the 
effect of hospitals' employment choices on the wage index. For example, 
hospitals may choose to employ different combinations of registered 
nurses, licensed practical nurses, nursing aides, and medical 
assistants for the purpose of providing nursing care to their patients. 
The varying labor costs associated with these choices reflect hospital 
management decisions rather than geographic differences in the costs of 
labor. Form Number: CMS-10079 (OMB control number: 0938-0907); 
Frequency: Yearly; Affected Public: Business or Other for-Profits, Not-
for-Profit Institutions; Number of Respondents: 3,300; Total Annual 
Responses: 3,300; Total Annual Hours: 1,584,000. (For policy questions 
regarding this collection contact Tehila Lipschutz at 410-786-1344.)

    Dated: September 6, 2019.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2019-19677 Filed 9-10-19; 8:45 am]
BILLING CODE 4120-01-P