[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9627-9629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03727]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10391, CMS-R-74, CMS-R-306, CMS-265-11 and 
CMS-10544]


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 April 25, 2022.

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

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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.
    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.

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-10391--Methods for Assuring Access to Covered Medicaid Services 
Under 42 CFR 447.203 and 447.204
CMS-R-74 Income and Eligibility Verification System Reporting and 
Supporting Regulations
CMS-R-306 Use of Restraint and Seclusion in Psychiatric Residential 
Treatment Facilities (PRTFs) for Individuals Under Age 21 and 
Supporting Regulations
CMS-265-11 Independent Renal Dialysis Facility Cost Report
CMS-10544 Good Cause Processes

    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: Extension of a currently 
approved collection; Title of Information Collection: Methods for 
Assuring Access to Covered Medicaid Services Under 42 CFR 447.203 and 
447.204; Use: Current regulations at 42 CFR 447.203(b) require states 
to develop an access monitoring review plan (AMRP) that is updated at 
least every three years for: Primary care services, physician 
specialist services, behavioral health services, pre and post-natal 
obstetric services (including labor and delivery), and home health 
services. When states reduce rates for other Medicaid services, they 
must add those services to the AMRP and monitor the effects of the rate 
reductions for 3 years. If access issues are detected, a state must 
submit a corrective action plan to CMS within 90 days and work to 
address the issues within 12 months. Section 447.203(b)(7) requires 
that states have mechanisms to obtain ongoing beneficiary and provider 
feedback. A state is also required to maintain a record of data on 
public input and how the state responded to the input. Prior to 
submitting proposals to reduce or restructure Medicaid service payment 
rates, states must receive input from beneficiaries, providers, and 
other affected stakeholders on the extent of beneficiary access to the 
affected services.
    The information is used by states to document that access to care 
is in compliance with section 1902(a)(30)(A) of the Social Security 
Act, to identify issues with access within a state's Medicaid program, 
and to inform any necessary programmatic changes to address issues with 
access to care. CMS uses the information to make informed approval 
decisions on State plan amendments that propose to make Medicaid rate 
reductions or restructure payment rates and to provide the necessary 
information for CMS to monitor ongoing compliance with section 
1902(a)(30)(A). Beneficiaries, providers and other affected 
stakeholders may use the information to raise access issues to state 
Medicaid agencies and work with agencies to address those issues. Form 
Number: CMS-10391 (OMB control number: 0938-1134); Frequency: Annually; 
Affected Public: State, Local, or Tribal Governments); Number of 
Respondents: 51; Total Annual Responses: 212; Total Annual Hours: 
12,262. (For questions regarding this collection contact Jeremy 
Silanskis at 410-786-1592.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Income and 
Eligibility Verification System Reporting and Supporting Regulations; 
Use: Section 1137 of the Social Security Act requires that States 
verify the income and eligibility information contained on the 
applicant's application and in the applicant's case file through data 
matches with the agencies and entities identified in this section. The 
State Medicaid/CHIP agency will report the existence of a system to 
collect all information needed to determine and redetermine eligibility 
for Medicaid and CHIP. The State Medicaid/CHIP agency will attest to 
using the PARIS system in determining beneficiary eligibility in 
Medicaid or CHIP benefit programs. Form Number: CMS-R-74 (OMB control 
number: 0938-0467); Frequency: Occasionally; Affected Public: State, 
Local, or Tribal Governments; Number of Respondents: 55; Total Annual 
Responses: 3,241; Total Annual Hours: 1,071. (For policy questions 
regarding this collection contact Stephanie Bell at 410-786-0617.)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Use of Restraint 
and Seclusion in Psychiatric Residential Treatment Facilities (PRTFs) 
for Individuals Under Age 21 and Supporting Regulations; Use: 
Psychiatric residential treatment facilities are required to report 
deaths, serious injuries and attempted suicides to the State Medicaid 
Agency and the Protection and Advocacy Organization. They are also 
required to provide residents the restraint and seclusion policy in 
writing, and to document in the residents' records all activities 
involving the use of restraint and seclusion. Form Number: CMS-R-306 
(OMB control number: 0938-0833); Frequency: Occasionally; Affected 
Public: Private sector (Business or other for-profits); Number of 
Respondents: 390; Total Annual Responses: 1,466,823; Total Annual 
Hours: 449,609. (For policy questions regarding this collection contact 
Kirsten Jensen at 410-786-8146.)
    4. Type of Information Collection Request: Reinstatement with 
change; Title of Information Collection: Independent Renal Dialysis 
Facility Cost Report; Use: Under the authority of sections 1815(a) and 
1833(e) of the Act, CMS requires that providers of services 
participating in the Medicare program submit information to determine 
costs

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for health care services rendered to Medicare beneficiaries. CMS 
requires that providers follow reasonable cost principles under 
1861(v)(1)(A) of the Act when completing the Medicare cost report 
(MCR). Regulations at 42 CFR 413.20 and 413.24 require that providers 
submit acceptable cost reports on an annual basis and maintain 
sufficient financial records and statistical data, capable of 
verification by qualified auditors.
    ESRD facilities participating in the Medicare program submit these 
cost reports annually to report cost and statistical data used by CMS 
to determine reasonable costs incurred for furnishing dialysis services 
to Medicare beneficiaries and to effect the year-end cost settlement 
for Medicare bad debts. Form Number: CMS-265-11 (OMB control number: 
0938-0236); Frequency: Annually; Affected Public: Private Sector, 
Business or other for-profits, State, Local, or Tribal Governments); 
Number of Respondents: 7,492; Total Annual Responses: 7,492; Total 
Annual Hours: 494,472. (For questions regarding this collection contact 
Keplinger, Jill C at 410-786-4550.)
    5. Type of Information Collection Request: Reinstatement without 
change; Title of Information Collection: Good Cause Processes; Use: 
Section 1851(g)(3)(B)(i) of the Act provides that MA organizations may 
terminate the enrollment of individuals who fail to pay basic and 
supplemental premiums after a grace period established by the plan. 
Section 1860D-1(b)(1)(B)(v) of the Act generally directs us to 
establish rules related to enrollment, disenrollment, and termination 
for Part D plan sponsors that are similar to those established for MA 
organizations under section 1851 of the Act. Consistent with these 
sections of the Act, subpart B in each of the Parts C and D regulations 
sets forth requirements with respect to involuntary disenrollment 
procedures at 42 CFR 422.74 and 423.44, respectively. In addition, 
section 1876(c)(3)(B) establishes that individuals may be disenrolled 
from coverage as specified in regulations. Thus, current regulations at 
42 CFR 417.460 specify that a cost plan, specifically a Health 
Maintenance Organization (HMO) or competitive medical plan (CMP), may 
disenroll a member who fails to pay premiums or other charges imposed 
by the plan for deductible and coinsurance amounts.
    These good cause provisions authorize CMS to reinstate a 
disenrolled individual's enrollment without interruption in coverage if 
the non-payment is due to circumstances that the individual could not 
reasonably foresee or could not control, such as an unexpected 
hospitalization. At its inception, the process of accepting, reviewing, 
and processing beneficiary requests for reinstatement for good cause 
was carried out exclusively by CMS. Form Number: CMS-10544 (OMB control 
number: 0938-1271); Frequency: Annually; Affected Public: Business or 
other for-profits State, Local, or Tribal Governments); Number of 
Respondents: 312; Total Annual Responses: 41,289; Total Annual Hours: 
27,499. (For questions regarding this collection contact Fabayo, Ronke 
at (410) 786-4460.)

    Dated: February 16, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-03727 Filed 2-18-22; 8:45 am]
BILLING CODE 4120-01-P