[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35216-35218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12378]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10387, CMS-10573 and CMS-10106]


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 July 11, 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 website address at: https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.

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: Minimum Data Set 
3.0 Nursing Home and Swing Bed Prospective Payment System (PPS) For the 
collection of data related to the Patient Driven Payment Model and the 
Skilled Nursing Facility Quality Reporting Program (QRP); Use: We are 
requesting to implement the MDS 3.0 v1.17.2 from Oct 1, 2020 to Oct 1, 
2023. On May 15, 2020, in response to State Medicaid Agency and 
stakeholder requests, we updated the MDS 3.0 item sets to version 
1.17.2. The changes in this version will allow State Medicaid Agencies 
to collect Patient Driven Payment Model (PDPM) payment codes and 
thereby inform their future payment models. Calculation of the PDPM 
payment code on OBRA assessment is not a federal requirement. These 
item set changes do not reflect any change in burden from the previous 
version, MDS 3.0 v1.17.1.
    CMS uses the MDS 3.0 PPS Item Set to collect the data used to 
reimburse skilled nursing facilities for SNF-level care furnished to 
Medicare beneficiaries and to collect information for quality measures 
and standardized patient assessment data under the SNF QRP. Form 
Number: CMS-10387 (OMB control number: 0938-1140); Frequency: Yearly; 
Affected Public: Private Sector: Business or other for-profit and not-
for-profit institutions; Number of Respondents: 15,471; Total Annual 
Responses: 4,905,042; Total Annual

[[Page 35217]]

Hours: 4,169,286. (For policy questions regarding this collection 
contact Heidi Magladry at 410-786-6034).
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Reform of 
Requirements for Long-Term Care Facilities; Use: According to our data, 
as of April 2, 2021, there were 15,372 LTC facilities in the United 
States. These facilities are currently caring for 1,290,290 residents. 
Since the number of LTC facilities and residents varies yearly, for the 
purposes of this analysis, we utilized estimates of 15,600 for LTC 
facilities and 1.3 million residents. LTC facilities include skilled 
nursing facilities (SNFs) as defined in section 1819(a) of the Social 
Security Act in the Medicare program and nursing facilities (NFs) as 
defined in 1919(a) of the Act in the Medicaid program. SNFs and NFs 
provide skilled nursing care and related services for residents who 
require medical or nursing care, or rehabilitation services for the 
rehabilitation of injured, disabled, or sick persons. In addition, NFs 
provide health-related care and services to individuals who because of 
their mental or physical condition require care and services (above the 
level of room and board) which can be made available to them only 
through institutional facilities, and is not primarily for the care and 
treatment of mental diseases. SNFs and NFs must care for their 
residents in such a manner and in such an environment as will promote 
maintenance or enhancement of the quality of life of each resident and 
must provide to residents services to attain or maintain the highest 
practicable physical, mental, and psychosocial well-being of each 
resident, in accordance with a written plan of care, which describes 
the medical, nursing, and psychosocial needs of the resident and how 
such needs will be met and is updated periodically.
    Under the authority of sections 1819 and 1919 of the Act, the 
Secretary proposed to reform the requirements that SNFs and NFs must 
meet to participate in the Medicare & Medicaid programs. These 
requirements would be set forth in 42 CFR 483 subpart B as Requirements 
for LTC Care Facilities. The requirements apply to an LTC facility as 
an entity as well as the services furnished to each individual under 
the care of the LTC facility, unless a requirement is specifically 
limited to Medicare or to Medicaid beneficiaries. To implement these 
requirements, State survey agencies generally conduct surveys of LTC 
facilities to determine whether or not they are complying with the 
requirements.
    Ordinarily, we would be required to estimate the public reporting 
burden for information collection requirements (ICRs) for these 
regulations in accordance with chapter 35 of title 44, United States 
Code. However, sections 4204(b) and 4214(d) of Omnibus Budget 
Reconciliation Act of 1987, Public Law 100-203 (OBRA '87) provide for a 
waiver of Paperwork Reduction Act (PRA) requirements for some 
regulations. At the time that the 2016 LTC final rule (81 FR 68688) 
published, we believed that this waiver still applied to those updates 
we made to existing requirements in part 483 subpart B that were set 
forth by OBRA 87. However, we acknowledged that the 2016 final rule 
also extensively revised many of the existing requirements in part 483 
subpart B and recognized that the revisions likely created new burdens 
for facilities. In addition, we noted that the 2016 final rule 
implemented several new requirements set forth by the Affordable Care 
Act, which were not included in the PRA waiver. Therefore, we provided 
burden estimates for the new ICRs finalized in the 2016 LTC final rule 
set forth by the Affordable Care Act, as well as those revisions to 
existing requirements in part 483 subpart B that were so extensive they 
could be considered new ICRs in concept. For the current or 2022 
information collection request (ICR), we have provided updates to the 
burden in the 2019 ICR, as well as provided burden estimates for all of 
the new ICs finalized since 2016 that were in effect as of May 2021. 
The ICRs and the rules they were finalized in are indicated in table 
below.

                     ICRs Associated With Each Rule
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 Rule name and publication date        FR citation             ICRs
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Medicare and Medicaid Programs;  81 FR 68688...........  All ICRs,
 Reform of Requirements for                               except as
 Long-Term Care Facilities;                               noted below.
 Final rule (CMS-3260-F)
 Published October 4, 2016.
Medicare and Medicaid Programs,  85 FR 54820...........  Section
 Clinical Laboratory                                      483.80(h)--COV
 Improvement Amendments (CLIA),                           ID-19 Testing.
 and Patient Protection and
 Affordable Care Act;
 Additional Policy and
 Regulatory Revisions in
 Response to the COVID-19
 Public Health Emergency; IFC
 (CMS-3401-IFC) Published
 September 2, 2020.
Medicare and Medicaid Programs;  86 FR 26306...........  Sections
 COVID-19 Vaccine Requirements                            483.80(d)(3)--
 for Long Term Care (LTC)                                 COVID-19
 Facilities and Intermediate                              immunizations
 Care Facilities for                                      and
 Individuals with Intellectual                            (g)(1)(viii)-(
 Disabilities (ICFs-IID)                                  x).
 Residents, Clients, and
 Staff); IFC (CMS-3414-IFC)
 (May 2021 Vaccination IFC)
 Published May 13, 2021.
Medicare and Medicaid Programs:  86 FR 62240...........  Section
 CY 2022 Home Health                                      483.80(g).
 Prospective Payment System
 Rate Update; Home Health Value-
 Based Purchasing Model
 Requirements and Model
 Expansion; Home Health and
 Other Quality Reporting
 Program Requirements; Home
 Infusion Therapy Services
 Requirements; Survey and
 Enforcement Requirements for
 Hospice Programs; Medicare
 Provider Enrollment
 Requirements; and COVID-19
 Reporting Requirements for
 Long-Term Care Facilities (86
 FR 62240) (CMS-1747-F and CMS-
 5531-F). Published November 9,
 2021.
------------------------------------------------------------------------

    The primary users of this information will be State agency 
surveyors, CMS, and the LTC facilities for the purposes of ensuring 
compliance with Medicare and Medicaid requirements as well as ensuring 
the quality of care provided to LTC facility residents. The ICs 
specified in the regulations may be used as a basis for determining 
whether a LTC is meeting the requirements to participate in the 
Medicare program. In addition, the information collected for purposes 
of ensuring compliance may be used to inform the data provided on CMS' 
Nursing Home Compare website and as such used by the public in 
considering nursing home selections for services. Form Number: CMS-
10573 (OMB control number: 0938-1363); Frequency: Occasionally; 
Affected Public: Private Sector: Business or other for-profit and not-
for-profit institutions; Number of Respondents: 15,600; Total Annual 
Responses: 18,658,854; Total Annual

[[Page 35218]]

Hours: 29,935,899. (For policy questions regarding this collection 
contact Diane Corning at 410-786-8486.)
    3. Type of Information Collection Request: Reinstatement without 
change of a previously approved collection; Title of Information 
Collection: Medicare Authorization to Disclose Personal Health 
Information; Use: The ``Medicare Authorization to Disclose Personal 
Health Information'' will be used by Medicare beneficiaries to 
authorize Medicare to disclose their protected health information to a 
third party. Medicare beneficiaries can submit the Medicare 
Authorization to Disclose Personal Health Information electronically at 
Medicare.gov. Beneficiaries may also submit the Medicare Authorization 
to Disclose Personal Health Information by mailing a complete and valid 
authorization form to Medicare. Beneficiaries can submit the Medicare 
Authorization to Disclose Personal Health Information verbally over the 
phone by calling Medicare. Form Number: CMS-10106 (OMB control number: 
0938-0930); Frequency: Occasionally; Affected Public: Individuals or 
households; Number of Respondents: 1,000,000; Total Annual Responses: 
1,000,000; Total Annual Hours: 250,000. (For policy questions regarding 
this collection contact Sam Jenkins at 410-786-3261.)

    Dated: June 3, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-12378 Filed 6-8-22; 8:45 am]
BILLING CODE 4120-01-P