[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Notices]
[Pages 58664-58666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23107]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-2567, CMS-10790 and CMS-10463]


Agency Information Collection Activities: Proposed Collection; 
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 (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 December 21, 2021.

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.

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    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 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-2567 Statement of Deficiency and Plan of Correction
CMS-10790 Medicare-Funded GME Residency Positions in accordance with 
Section 126 of the Consolidated Appropriations Act, 2020 (Pub. L. 116-
93)
CMS-10463 Cooperative Agreement to Support Navigators in Federally-
facilitated Exchanges

    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: 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. 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: 1,187,064. (For policy questions regarding this collection 
contact Caroline Gallaher at 410-786-8705.)
    2. Type of Information Collection Request: New collection (Request 
for a new OMB Control Number); Title of Information Collection: 
Medicare-Funded GME Residency Positions in accordance with Section 126 
of the Consolidated Appropriations Act, 2020 (Pub. L. 116-93); Use: The 
requirements in this rule were announced in CMS-1752-P (FY22 IPPS); 
however, the PRA package has been under development until now. The 
plan, approved by OMB and CM, is to have the 60-day publish and then 
have CMS-1752-F2 serve as the 30-day notice, with the goal of approval 
in early January 2022.
    Section 126 of the Consolidated Appropriations Act (CAA), 2021 
(Pub. L. 116-93), enacted December 20, 2020, included a key provision 
affecting Medicare payments for Graduate Medical Education (GME). 
Section 126(a) of the CAA amended section 1886(h) of the Act by adding 
a new section 1886(h)(9) requiring the distribution of additional 
residency positions (slots) to qualifying hospitals. Section 
1886(h)(9)(A) makes an additional 1,000 Medicare funded residency slots 
available to be phased in beginning in FY 2023 until the aggregate 
number of 1,000 full-time equivalent residency positions are 
distributed.
    This approval request is for CMS to receive electronic applications 
for Medicare-Funded GME Residency Positions submitted in accordance 
with Section 126 of the Consolidated Appropriations Act, 2021. The 
electronic applications will be submitted by the applicants in CMS' new 
Medicare Electronic Application Request Information SystemTM 
(MEARISTM). There is no existing, hard copy version of the 
application. The applications will provide CMS with the critical 
information necessary for CMS to process and score the applications in 
accordance with the policies finalized in the upcoming final rule to 
determine the disbursement of the slots and to announce the awardees by 
the January 31, 2023 required statutory deadline. Form Number: CMS-
10790 (OMB control number: 0938-NEW); Frequency: Yearly; Affected 
Public: Private sector (Business or other for-profits and Not-for-
profit institutions), State, Local, or Tribal Governments; Number of 
Respondents: 1,325; Total Annual Responses: 1,325; Total Annual Hours: 
10,600. (For policy questions regarding this collection contact Noel 
Manlove at 410-786-5161.)
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Cooperative 
Agreement to Support Navigators in Federally-facilitated Exchanges; 
Use: Section 1311(i) of the PPACA requires Exchanges to establish a 
Navigator grant program under which it awards grants to eligible 
individuals and entities (as described in Section 1311(i)(2) of the 
PPACA and 45 CFR 155.210(a) and (c)) applying to serve consumers in 
States with a FFE. Navigators assist consumers by providing education 
about and facilitating selection of qualified health plans (QHPs) 
within the Exchanges, as well as other required duties. Entities and 
individuals cannot serve as federally certified Navigators and carry 
out the required duties without receiving federal cooperative agreement 
funding. On July 1, 2021, HHS published the Updating Payment 
Parameters, Section 1332 Waiver Implementing Regulations, and Improving 
Health Insurance Markets for 2022 and Beyond Proposed Rule proposed 
rule. The proposed regulations would amend federal regulations at 45 
CFR 155.210(e)(9) to reinstitute the requirement that FFE Navigators 
provide consumers with information and assistance on access, 
affordability and certain post-enrollment topics, such

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as the eligibility appeals process, the Exchange-related components of 
the Premium Tax Credit (PTC) reconciliation process, and the basic 
concepts and rights of health coverage and how to use it.
    Under the Terms and Conditions of the Navigator program cooperative 
agreements, awardees must provide progress reports on a weekly, 
monthly, quarterly and annual basis during the cooperative agreement 
period of performance, and a final report at the end of the period of 
performance. Awardees will submit their progress reports electronically 
to CMS staff for evaluation and analysis. The results of this 
evaluation will provide feedback on the effectiveness of the Navigator 
program, so that HHS and CMS leadership may evaluate the effectiveness 
of the program and address any areas that need revisions. CMS will also 
use the information collected from Navigator grant awardees to inform 
the public about the availability of application and enrollment 
assistance services from designated organizations. Form Number: CMS-
10463 (OMB control number: 0938-1215); Frequency: Annually, Monthly, 
Quarterly, Weekly; Affected Public: Private sector; Number of 
Respondents: 100; Total Annual Responses: 5,200; Total Annual Hours: 
529,000. (For questions regarding this collection contact Gian Johnson 
at 301-492-4323.)

    Dated: October 19, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-23107 Filed 10-21-21; 8:45 am]
BILLING CODE 4120-01-P