[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70166-70167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24442]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10744]


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

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
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 December 4, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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. 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 
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: New collection (Request 
for a new OMB control number); Title of Information Collection: 
Medicare Durable Medical Equipment, Prosthetics, Orthotics, and 
Supplies (DMEPOS) Competitive Bidding Program--Contracting Forms; Use: 
The Medicare Durable Medical Equipment, Prosthetics, Orthotics, and 
Supplies (DMEPOS) Competitive Bidding Program was established by the 
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 
(``Medicare Modernization Act'' or ``MMA''). Section 302 of the MMA 
amended Section 1847 of the Social Security Act (the Act) to establish 
the competitive acquisition program and define program requirements.
    Under the MMA, the DMEPOS Competitive Bidding Program was to be 
phased in so that competition under the program would first occur in 10 
areas in 2007. The Centers for Medicare & Medicaid Services (CMS) 
completed the rulemaking process for the competitive acquisition of 
DMEPOS items and services in 42 CFR parts 411 and 414 published in the 
Federal Register Volume 72 on April 10, 2007. CMS conducted the Round 1 
competition in 10 areas and for 10 DMEPOS product categories, and 
implemented the program on July 1, 2008. The Medicare Improvements for 
Patients and Providers Act of 2008 (MIPPA), enacted on July 15, 2008, 
made limited changes to the Competitive Bidding Program, including 
termination of existing contracts that were in effect and a requirement 
to re-bid Round 1.
    As required by MIPPA, CMS conducted the competition for the Round 1 
Rebid in 2009. The Round 1 Rebid contracts and prices became effective 
on January 1, 2011. The Affordable Care Act (ACA), enacted on March 23, 
2010, expanded the Round 2 competition by adding an additional 21 
metropolitan statistical areas (MSAs), bringing the total MSAs for 
Round 2 to 91. The competition for Round 2 began in December 2011. CMS 
also began a competition for National Mail Order (NMO) of diabetes 
testing supplies at the same time as Round 2. The Round 2 and NMO 
contracts and prices were implemented on July 1, 2013.
    The MMA requires the Secretary to recompete contracts not less 
often than once every three years. The Round 1 Rebid contract period 
for all product categories except mail-order diabetes testing supplies 
expired on December 31, 2013. (Round 1 Rebid contracts for mail-order 
diabetes testing supplies ended on December 31, 2012.) The competition 
for the Round 1 Recompete began in August of 2012 and contracts and 
prices became effective on January 1, 2014. The Round 1 Recompete 
contract period expires on December 31, 2016. Round 1 2017 contracts 
will become effective on January 1, 2017 through December 31, 2018. 
Round 2 and NMO contracts and prices expired on June 30, 2016. Round 2 
Recompete and the NMO Recompete contracts became effective on July 1, 
2016, and expired on December 31, 2018. CMS will be implementing a 
consolidated round of competition to include all Round 1 2017 and Round 
2 Recompete competitive bidding areas, referred to as Round 2021. Round 
2021 will not include NMO, which will be competed again in future 
rounds of the program.
    The forms included in this ICR were previously included in the ICR 
currently approved under 0938-1016. Due to the temporary gap in the 
DMEPOS Competitive Bidding Program, which started on January 1, 2019, 
we do not currently have any active PRA package for this specific 
collection of information (Form C, Subcontracting, Change of 
Ownerships, and Grandfathering). We are now seeking approval of a PRA 
package based on

[[Page 70167]]

estimates from previous rounds of the program (specifically Round 2 
Recompete and Round 1 2017) and without reference to changes in burden. 
Form Number: CMS-10744 (OMB control number: 0938-New); Frequency: 
Occasionally (varies by form); Affected Public: Private Sector, 
Business or other for-profits; Number of Respondents: 2,984; Total 
Annual Responses: 271,597; Total Annual Hours: 31,121. (For policy 
questions regarding this collection contact Julia Howard at 410-786-
8645.)

    Dated: October 30, 2020.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2020-24442 Filed 11-3-20; 8:45 am]
BILLING CODE 4120-01-P