[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Notices]
[Pages 10701-10702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03634]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10593, CMS-2744, and CMS-10652]


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 April 27, 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 and associated 
materials (see ADDRESSES).

CMS-10593 Establishment of an Exchange by a State and Qualified Health 
Plans
CMS-2744 End Stage Renal Disease Annual Facility Survey Form
CMS-10652 Virtual Groups for Merit-Based Incentive Payment System 
(MIPS)

    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: Reinstatement with 
change of a previously approved information collection; Title of 
Information Collection: Establishment of an Exchange by a State and 
Qualified Health Plans; Use: The Patient Protection and Affordable Care 
Act, Public Law 111-148, enacted on March 23, 2010, and the Health Care 
and Education Reconciliation Act, Public Law 111-152, enacted on March 
30, 2010 (collectively, ``Affordable Care Act''), expand access to 
health insurance for individuals and employees of small businesses 
through the establishment of new Affordable Insurance Exchanges 
(Exchanges), including the Small Business Health Options Program 
(SHOP).
    As directed by the rule Establishment of Exchanges and Qualified 
Health Plans; Exchange Standards for Employers (77 FR 18310) (Exchange 
rule), each Exchange will assume responsibilities related to the 
certification and offering of Qualified Health Plans (QHPs). To offer 
insurance through an Exchange, a health insurance issuer must have its 
health plans certified as QHPs by the Exchange. A QHP must meet certain 
minimum certification standards, such as network adequacy, inclusion of 
Essential Community Providers (ECPs), and non-

[[Page 10702]]

discrimination. The Exchange is responsible for ensuring that QHPs meet 
these minimum certification standards as described in the Exchange rule 
under 45 CFR 155 and 156, based on the Affordable Care Act, as well as 
other standards determined by the Exchange. The reporting requirements 
and data collection in the Exchange rule address Federal requirements 
that various entities must meet with respect to the establishment and 
operation of an Exchange; minimum requirements that health insurance 
issuers must meet with respect to participation in a State based or 
Federally-facilitated Exchange; and requirements that employers must 
meet with respect to participation in the SHOP and compliance with 
other provisions of the Affordable Care Act. Form Number: CMS-10593 
(OMB Control Number: 0938-1312) Frequency: Monthly, Annual; Affected 
Public: Private Sector; Number of Respondents: 20; Number of Responses: 
361; Total Annual Hours: 51,805. For policy questions regarding this 
collection contact Courtney Williams at 301-492-5157.
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: End Stage Renal 
Disease Annual Facility Survey Form; Use: The ESRD Program Management 
and Medical Information System (PMMIS) Facility Certification/Survey 
Record contains provider-specific and aggregate patient population data 
on beneficiaries treated by that provider obtained from the Annual 
Facility Survey form (CMS-2744). The Facility Certification portion of 
the record captures certification and other information about ESRD 
facilities approved by Medicare to provide kidney dialysis and 
transplant services. The Facility Survey portion of the record captures 
activities performed during the calendar year as well as aggregate 
year-end population counts for both Medicare beneficiaries and non-
Medicare patients. The survey includes the collection on hemodialysis 
patients dialyzing more than 4 times per week, vocational 
rehabilitation and staffing. The aggregate patient information is 
collected from each Medicare-approved provider of dialysis and kidney 
transplant services. The information is used to assess and evaluate the 
local, regional and national levels of medical and social impact of 
ESRD care and is used extensively by researchers and suppliers of 
services for trend analysis. Form Number: CMS-2744 (OMB control number: 
0938-0447); Frequency: Yearly; Affected Public: Business or other for-
profit, Not-for-profit institutions; Number of Respondents: 7,828; 
Total Annual Responses: 7,828; Total Annual Hours: 31,312. (For policy 
questions regarding this collection contact Gequincia Polk at 410-786-
2305)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Virtual Groups 
for Merit-Based Incentive Payment System (MIPS); Use: CMS acknowledges 
the unique challenges that small practices and practices in rural areas 
may face with the implementation of the Quality Payment Program. To 
help support these practices and provide them with additional 
flexibility, CMS has created a virtual group reporting option starting 
with the 2018 MIPS performance period. CMS held webinars and small, 
interactive feedback sessions to gain insight from clinicians as we 
developed our policies regarding virtual groups. During these sessions, 
participants expressed a strong interest in virtual groups, and 
indicated that the right policies could minimize clinician burden and 
bolster clinician success.
    This information collection request is related to the statutorily 
required virtual group election process finalized in the CY 2018 
Quality Payment Program final rule. A virtual group is a combination of 
Tax Identification Numbers (TINs), which would include at least two 
separate TINs associated with a solo practitioner TIN and National 
Provider Identifier (TIN/NPI) or group with 10 or fewer MIPS eligible 
clinicians and another solo practitioner (TIN/NPI) or group with 10 or 
fewer MIPS eligible clinicians.
    Section 1848(q)(5)(I) of the Act requires that CMS establish and 
have in place a process to allow an individual MIPS eligible clinician 
or group consisting of not more than 10 MIPS eligible clinicians to 
elect, with respect to a performance period for a year to be in a 
virtual group with at least one other such individual MIPS eligible 
clinician or group. The Act also provides for the use of voluntary 
virtual groups for certain assessment purposes, including the election 
of practices to be a virtual group and the requirements for the 
election process.
    Section 1848(q)(5)(I)(i) of the Act also provides that MIPS 
eligible clinicians electing to be a virtual group must: (1) Have their 
performance assessed for all four performance categories in a manner 
that applies the combined performance of all the MIPS eligible 
clinicians in the virtual group to each MIPS eligible clinician in the 
virtual group for the applicable performance period; and (2) be scored 
for all four performance categories based on such assessment.
    CMS will use the data collected from virtual group representatives 
to determine eligibility to participate in a virtual group, approve the 
formation of that virtual group, based on determination of each TIN 
size, and assign a virtual group identifier to the virtual group. The 
data collected will also be used to assign a performance score to each 
TIN/NPI in the virtual group. Form Number: CMS-10652 (OMB control 
number: 0938-1343); Frequency: Annually; Affected Public: Private 
Sector: Business or other for-profits and Not-for-profit institutions 
and Individuals; Number of Respondents: 16; Total Annual Responses: 16; 
Total Annual Hours: 160. (For policy questions regarding this 
collection, contact Michelle Peterman at 410-786-2591.)

    Dated: February 19, 2020.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2020-03634 Filed 2-24-20; 8:45 am]
 BILLING CODE 4120-01-P