[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63880-63881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25065]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-R-142]


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 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 must be received by January 21, 2020.

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' website address at website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.
    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: William N. Parham at (410) 786-4669.

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

[[Page 63881]]

and associated materials (see ADDRESSES).

CMS-R-142 Examination and Treatment for Emergency Medical Conditions 
and Women in Labor (EMTALA)

    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. 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: Extension of a currently 
approved collection; Title of Information Collection: Examination and 
Treatment for Emergency Medical Conditions and Women in Labor (EMTALA); 
Use: Pursuant to section 1866(a)(1)(I) of the Act, Congress has 
mandated that the Secretary enforce section 1867 of the Act. Under 
section 1867, effective August 1, 1986, hospitals may continue to 
participate in the Medicare program only if they are not out of 
compliance with its provisions. Continued Paper Work Reduction Act 
(PRA) approval of the regulation sections cited below will promote 
uniform and thorough application of the section 1866 and 1867 
requirements. They will also provide information when requested by 
Congress and other interested parties regarding the implementation of 
the statute. During 2004 through 2018, approximately 8,146 complaints 
were received, approximately 7,770 of those complaints were 
investigated, and approximately 3,567 EMTALA deficiencies were found. 
During Federal fiscal years 2001 through 2005 the Inspector General's 
Office imposed civil monetary penalties on hospitals in 105 cases, for 
a total of $2,645,750 in penalties. An audit completed by the Office of 
Inspector General (OIG) (entitled, Office of Inspector General: 
Implementation and Enforcement of the Examination and Treatment for 
Emergency Medical Conditions and Women in Labor by the Health Care 
Financing Administration, April 1995, A-06-93-00087) determined that 
CMS's implementation of the Act was generally effective, but Regional 
Offices (RO) were not consistent with conducting timely investigations, 
sending acknowledgments to complaints, ensuring that investigations 
were thorough, or ensuring that violations were referred to the OIG in 
accordance with CMS policy for possible civil monetary penalty action. 
OIG further concluded that without proper compliance, there is an 
increased risk that individuals with emergency medical conditions will 
not receive the treatment needed to stabilize their condition, which 
may place them in greater risk of death. Form Number: CMS-R-142 (OMB 
control number: 0938-0667); Frequency: Occasionally; Affected Public: 
Private Sector; Business or other for-profits, Not-for-profit 
institutions; Number of Respondents: 5,291; Total Annual Responses: 
5,291; Total Annual Hours: 5,291. (For policy questions regarding this 
collection contact Renate Dombrowski at (410) 786-4645.)

    Dated: November 14, 2019.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2019-25065 Filed 11-18-19; 8:45 am]
BILLING CODE 4120-01-P