[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10106-10107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03260]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10733]


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

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

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 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 March 22, 2021.

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

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: Data 
Management Plan Self-Attestation Questionnaire (DMP SAQ); Use: The 
Privacy Act of 1974 allows for discretionary releases of data 
maintained in Privacy Act protected systems of records under Sec.  
552a(b) (Conditions of Disclosure). The mandate to account for 
disclosures of data under the Privacy Act is found at Sec.  
552a(c)(Accounting of Certain Disclosures). This section states that 
certain information must be maintained regarding disclosures made by 
each agency. This information is: Date, Nature, Purpose, and Name/
Address of Recipient. Section 552a(e) sets the overall Agency 
Requirements that each agency must meet in order to maintain records 
under the Privacy Act. The Data Use Agreement (DUA) form is needed as 
part of the review of each CMS data request to ensure compliance with 
the requirements of the Privacy Act for disclosures that contain PII.

[[Page 10107]]

    The DUA legally binds the user to the Agreement's terms. The user 
must agree to all the terms and sign off on them prior to the release 
or access to data files containing protected health information, and 
individual identifiers. The DMP SAQ is a technical, evidence-based 
questionnaire that DUA users must complete as part of the data request 
packet. The DMP SAQ will enable CMS to evaluate researcher data systems 
to ensure that CMS data are adequately secured and appropriately 
protected, as per the Privacy Act and the HIPAA Privacy Rule. The DMP 
SAQ also allows CMS to measure compliance through the implementation of 
security and privacy controls as outlined in the National Institute of 
Standards and Technology (NIST) Special Publication 800-53 and the 
Centers for Medicare & Medicaid Services (CMS) Information Security and 
Acceptable Risk Safeguards (ARS). The second component of the DMP SAQ 
is to provide ongoing oversight. All organizations will be subject to 
routine audits of the environments used to store and process CMS data, 
as described in their organizational-level DMP SAQ. Form Number: CMS-
10733 (OMB control number: 0938-New); Frequency: Annually; Affected 
Public: Private Sector, State, Local, or Tribal Governments, Federal 
Government, Business or other for-profits, Not-for-profits 
institutions; Number of Respondents: 1,000; Total Annual Responses: 
1,000; Total Annual Hours: 1,500. (For policy questions regarding this 
collection contact James Krometis at 410-786-0340.)

    Dated: February 12, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-03260 Filed 2-17-21; 8:45 am]
BILLING CODE 4120-01-P