[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Notices]
[Pages 72242-72243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27630]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-10552]


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 January 20, 2022.

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: 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: Revision of a currently 
approved collection; Title of Information Collection: Implementation of 
Medicare and Medicaid Programs;--Promoting Interoperability Programs 
(Stage 3) (CMS-10552); Use: As discussed in the Final Rule published on 
October 16, 2016 (80 FR 62762), the Centers for Medicare & Medicaid 
Services (CMS) is requesting approval to collect information from 
eligible hospitals and critical access hospitals (CAHs). We are making 
further changes to this program as proposed in the FY 2022 Inpatient 
Prospective Payment System (IPPS)/Long-term Care Hospital

[[Page 72243]]

Prospective Payment System (LTCH PPS) Proposed Rule (86 FR 25628), and 
as finalized in the FY 2022 Inpatient Prospective Payment System 
(IPPS)/Long-term Care Hospital Prospective Payment System (LTCH PPS) 
Final Rule (86 FR 45460).
    The American Recovery and Reinvestment Act of 2009 (Recovery Act) 
(Pub. L. 111-5) was enacted on February 17, 2009. Title IV of Division 
B of the Recovery Act amended Titles XVIII and XIX of the Social 
Security Act (the Act) by establishing incentive payments to eligible 
professionals (EPs), eligible hospitals and critical access hospitals 
(CAHs), and Medicare Advantage (MA) organizations participating in the 
Medicare and Medicaid programs that adopt and successfully demonstrate 
meaningful use of certified EHR technology (CEHRT). These Recovery Act 
provisions, together with Title XIII of Division A of the Recovery Act, 
may be cited as the ``Health Information Technology for Economic and 
Clinical Health Act'' or the ``HITECH Act.''
    The HITECH Act created incentive programs for EPs and eligible 
hospitals, including CAHs, in the Medicare Fee-for-Service (FFS), MA, 
and Medicaid programs that successfully demonstrate meaningful use of 
certified EHR technology. In their first payment year, Medicaid EPs and 
eligible hospitals could adopt, implement, or upgrade to certified EHR 
technology. It also allowed for negative payment adjustments in the 
Medicare FFS and MA programs starting in 2015 for EPs, eligible 
hospitals, and CAHs participating in Medicare that are not meaningful 
users of CEHRT. The Medicaid Promoting Interoperability Program did not 
authorize negative payment adjustments, but its participants were 
eligible for positive incentive payments.
    In CY 2017, we began collecting data from eligible hospitals and 
CAHs to determine the application of the Medicare payment adjustments. 
At this time, Medicare eligible professionals no longer reported to the 
EHR Incentive Program, as they began reporting under the Merit-based 
Incentive Payment System (MIPS). This information collected was also 
used to make incentive payments to eligible hospitals and critical 
access hospitals in Puerto Rico.
    In the FY 2019 IPPS/LTCH PPS Final Rule (83 FR 41634), we focused 
on reducing burden on eligible hospitals and CAHs. We finalized a new 
scoring methodology for eligible hospitals and CAHs, removing the 
requirement to report on and meet the threshold for all objectives and 
measures. This approach required an eligible hospital or CAH to meet 
the requirements on six measures, with scoring based on performance. 
This approach reduced burden by decreasing the amount of time needed to 
report on measures. Additionally, we finalized two new optional opioid 
measures and one new care coordination measure to help address the 
opioid epidemic and improve interoperability.
    In the FY 2020 IPPS/LTCH Final Rule (84 FR 42591), we established 
the EHR Reporting Period to be a minimum of any continuous 90-day 
period in CY 2021 for new and returning participants (eligible 
hospitals and CAHs) in the Medicare Promoting Interoperability Program 
attesting to CMS, as well as finalizing the removal of the Electronic 
Prescribing Objective's Verify Opioid Treatment Agreement measure 
beginning with the EHR reporting period in CY 2020.
    In the FY 2021 IPPS/LTCH PPS Final Rule (85 FR 58966), we are 
finalizing as proposed changes that we believe will continue to be a 
low reporting burden on eligible hospitals and CAHs in the Medicare 
Promoting Interoperability Program while incentivizing the advanced use 
of CEHRT to support health information exchange, interoperability, 
advanced quality measurement, and maximizing clinical effectiveness and 
efficiencies. These finalized changes include continuing an EHR 
reporting period of a minimum of any continuous 90-day period in CY 
2022, and maintaining the Query of PDMP measure as optional and worth 5 
bonus points in CY 2021.
    In the FY 2022 IPPS/LTCH PPS Proposed Rule (86 FR 25628), we 
proposed changes that we believe will continue to be a low reporting 
burden on eligible hospitals and CAHs in the Medicare Promoting 
Interoperability Program while incentivizing the advanced use of CEHRT 
to support health information exchange, interoperability, advance 
quality measurement, and maximize clinical effectiveness and 
efficiencies. The proposals include continuing an EHR reporting period 
of a minimum of any continuous 90-day period in CY 2023, maintaining 
the Query of PDMP measure as optional but worth 10 bonus points in CY 
2022, the addition of a new Health Information Exchange Bi-Directional 
Exchange measure beginning in CY 2022 as an optional alternative to the 
two existing measures, a requirement of reporting 4 specific Public 
Health and Clinical Data Exchange Objective measures, the inclusion of 
a new SAFER Guides measure attestation response, and to adopt two new 
eCQMs to the Medicare Promoting Interoperability Program's eCQM measure 
set beginning with the reporting period in CY 2023 (in addition to 
removing three eCQMs from the measure set beginning with the reporting 
period in CY 2024, in alignment with the finalized changes to the 
Hospital IQR Program. In the FY 2022 IPPS/LTCH PPS Final Rule (86 FR 
45460 through 45498), we finalized these proposals. We did not finalize 
a proposal to update the Provide Patients Electronic Access to their 
Health Information measure to include a data retention requirement; 
however, this proposal would not have affected our information 
collection burden estimate.
    We note the previously approved PRA package under OMB control 
number 0938-1278 reflecting updates to information collection burden 
estimates based on policies finalized in the FY 2021 IPPS/LTCH PPS 
Final Rule include information collection burden estimates for 2021, 
which is the last year for including Medicaid eligible providers, 
eligible hospitals, and CAHs in the burden estimate as the Medicaid 
Promoting Interoperability Program concludes December 31, 2021. 
Therefore, this PRA request for information collection burden in 2022 
does not include any burden under the Medicaid Promoting 
Interoperability Program. Form Number: CMS-10552 (OMB control number: 
0938-1278); Frequency: Annually; Affected Public: State, Local or 
Private Government; Business and for-profit and Not-for-profit; Number 
of Respondents: 3,300; Total Annual Responses: 3,300; Total Annual 
Hours: 21,450. (For policy questions regarding this collection, contact 
Jessica Warren at 410-786-7519.)

    Dated: December 16, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-27630 Filed 12-20-21; 8:45 am]
BILLING CODE 4120-01-P