[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.
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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