[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36751-36752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14866]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-2567]


Emergency Clearance: Public Information Collection Requirements 
Submitted to the Office of Management and Budget (OMB)

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

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
requesting that this information collection request (ICR), for 
revisions to the form CMS-2567 be processed under the emergency 
Paperwork Reduction Act of 1995 (PRA) clearance process.

DATES: Comments must be received by August 12, 2021.

ADDRESSES: When commenting, please reference the document identifier 
(CMS-2567) or OMB control number (0938-0391). 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: CMS-R-39/OMB Control 
Number 0938-0365, 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 http://www.cms.hhs.gov/PaperworkReductionActof1995.

FOR FURTHER INFORMATION CONTACT: William Parham, Reports Clearance 
Office at (410) 786-1326.

SUPPLEMENTARY INFORMATION: In December, 2020, Congress passed the 
Consolidated Appropriations Act, 2021 (CAA, 2021). Section 407 of CAA, 
2021, amended Part A of Title XVIII of the Social Security Act (the 
Act) at section 1822 establishing hospice program survey and 
enforcement requirements. This amendment, in part, now requires the 
Accrediting Organizations (AOs) that accredit hospice programs to 
include the form CMS-2567 to document the findings of their hospice 
program surveys beginning on October 1, 2021. Public harm is reasonably 
likely to ensue if the normal, non-emergency clearance procedures are 
followed. CMS would miss the statutorily mandated deadline of October 
1, 2021 for Accrediting Organizations (AOs), with a hospice program, to 
begin using the form CMS-2567. AOs will not have the revised form to 
include in their current survey documentation systems and processes and 
will not meet the deadline of October 1, 2021 for beginning use. If CMS 
misses the deadline, it will jeopardize another CAA, 2021 mandated 
provision deadline for public posting of these AO hospice program 
survey reports on our website. The purpose of this requirement is for 
public transparency of survey and certification information. This 
statutory provision requires that the hospice program survey reports be 
posted by no later than October 1, 2022. Additionally, the public may 
not have all the information necessary to make an informed decision 
regarding where they seek high quality, safe care hospice program 
organizations for themselves or loved ones. Beneficiaries and the 
public at large utilize survey findings when evaluating whether to 
receive care from certain facilities.
    Under the PRA, federal agencies are required to publish notice in 
the Federal Register concerning each proposed ICR. Interested persons 
are invited to send comments regarding our burden estimates or any 
other aspect of this ICR including the necessity and utility of the 
proposed ICR 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.

Contents

    This notice sets out a summary of the use and burden associated 
with the following ICR. More detailed information can be found in the 
collection's supporting statement and associated materials (see 
ADDRESSES).

CMS-2567 Statement of Deficiency and Plan of Correction

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain 
approval from the Office of Management

[[Page 36752]]

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. To comply with this 
requirement, CMS is publishing this notice that summarizes the 
following proposed collection(s) of information for public comment:

Information Collection

    1. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Statement of 
Deficiency and Plan of Correction Use: The form CMS-2567 is the means 
by which State and CMS surveyors document findings of compliance or 
noncompliance (deficiencies) resulting from inspection of Medicare, 
Medicaid, and Clinical Laboratory Improvement Amendments (CLIA) 
laboratories. The form CMS-2567 is the legal, documentary basis for 
CMS' certification of a facility's compliance or noncompliance with the 
Medicare/Medicaid Conditions of Participation or Coverage, and the 
requirements for Nursing Home participation and CLIA certification.
    In December, 2020, Congress passed the Consolidated Appropriations 
Act, 2021 (CAA, 2021). Section 407 of CAA, 2021, amended Part A of 
Title XVIII of the Social Security Act (the Act) at section 1822 
establishing hospice program survey and enforcement requirements. This 
amendment, in part, now requires the Accrediting Organizations (AOs) 
that accredit hospice programs to include the form CMS-2567 to document 
the findings of their hospice program surveys beginning on October 1, 
2021. As of June 2021, there are three AOs with CMS-approved hospice 
accreditation programs. The AOs survey approximately half of the over 
5,000 Medicare-certified hospice programs, while the SAs survey the 
remaining half.
    To enable AOs to use the form CMS-2567, we must revise it by adding 
fields for the AO name. Also, the instructions must be updated to 
include AOs as another group which utilizes the form CMS-2567. We have 
also included the burden calculations from CMS-1747-P (Medicare and 
Medicaid Programs; CY 2022 Home Health Prospective Payment System Rate 
Update), related to the one-time update needed to each of AO's 
proprietary electronic systems in order to use the form CMS-2567 as 
directed by the CAA, 2021. Form Numbers: CMS-2567 (OMB control number: 
0938-0391); Frequency: Yearly and Occasionally; Affected Public: 
Private Sector (Business or for-profits and Not-for-profit 
institutions); Number of Respondents: 65,948; Total Annual Responses: 
65,948; Total Annual Hours: 1,210,376. (For policy questions regarding 
this collection contact Caroline Gallaher at 410-786-8705.)

    Dated: July 8, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-14866 Filed 7-12-21; 8:45 am]
BILLING CODE 4120-01-P