[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38411-38412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13769]



[[Page 38411]]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers CMS-10680, CMS-10692 and CMS-10788]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

-----------------------------------------------------------------------

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 28, 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. Title of Information Collection: Electronic Visit Verification 
Compliance Survey; Type of Information Collection Request: Extension 
without change of a currently approved collection; Use: The web-based 
survey will allow states to self-report their progress in implementing 
electronic visit verification (EVV) for personal care services (PCS) 
and home health care services (HHCS), as required by section 1903(l) of 
the Social Security Act. CMS will use the survey data to assess states' 
compliance with section 1903(l) of the Act and levy Federal Medical 
Assistance Percentage (FMAP) reductions where necessary as required by 
1903(l) of the Act.
    The survey will be disseminated to all 51 state Medicaid agencies 
(including the District of Columbia) and the Medicaid agencies of five 
U.S. territories. States will be required to complete the survey in 
order to demonstrate that they are complaint with Section 1903(l) of 
the Act by reporting on their EVV implementation status for PCS 
provided under sections 1905(a)(24), 1915(c), 1915(i), 1915(j), 
1915(k), and Section 1115 of the Act; and HHCS provided under 
1905(a)(7) of the Act or under a demonstration project or waiver (e.g., 
1915(c) or 1115 of the Act).
    The survey will be a live form, meaning states will have the 
ability to update their 1903(l) compliance status on a continuous 
basis. As FMAP reductions are assigned quarterly per 1903(l) of the 
Act, states who are not in compliance will be asked to review their 
survey information on a quarterly basis to ensure it is up-to-date and 
to update their survey responses as needed until they come into 
compliance. Form Number: CMS-10680 (OMB control number: 0938-1360); 
Frequency: On occasion; Affected Public: State, Local, or Tribal 
Governments; Number of Respondents: 56; Number of Responses: 336; Total 
Annual Hours: 504. (For questions regarding this collection contact 
Ryan Shannahan at 410-786-0295.)
    2. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Home and Community Based Services (HCBS) Incident Management Survey; 
Use: The Survey will be disseminated to all 51 state Medicaid agencies 
(including the District of Columbia) to assess incident management 
systems in 1915(c) waivers. States will be surveyed to identify methods 
and promising practices for identifying, reporting, tracking, and 
resolving incidents of abuse, neglect, and exploitation. The survey 
results will also be used to review the strengths and weaknesses of 
each state's incident management system and will inform guidance to 
help ensure compliance with sections 1902(a)(30(A) and 1915(c)(2)(A) of 
the Social Security Act. Form Number: CMS-10692 (OMB control number: 
0938-1362); Frequency: Once and on occasion; Affected Public: State, 
Local, or Tribal Governments; Number of Respondents: 51; Total Annual 
Responses: 102; Total Annual Hours: 153. (For policy questions 
regarding this collection contact Ryan Shannahan at 410-786-0295.)
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Prescription Drug 
and Health Care Spending; Use: On December 27, 2020, the Consolidated 
Appropriations Act, 2021 (CAA) was signed into law. Section 204 of 
Title II of Division BB of the CAA added parallel provisions at section 
9825 of the Internal Revenue Code (the Code), section 725 of the 
Employee Retirement Income Security Act (ERISA), and section 2799A-10 
of the Public Health Service Act (PHS Act) that require group health 
plans and

[[Page 38412]]

health insurance issuers offering group or individual health insurance 
coverage to annually report to the Department of the Treasury, the 
Department of Labor (DOL), and the Department of Health and Human 
Services (HHS) (collectively, ``the Departments'') certain information 
about prescription drug and health care spending, premiums, and 
enrollment under the plan or coverage. This information will support 
the development of public reports that will be published by the 
Departments on prescription drug reimbursements for plans and coverage, 
prescription drug pricing trends, and the role of prescription drug 
costs in contributing to premium increases or decreases under the plans 
or coverage. The 2021 interim final rules, ``Prescription Drug and 
Health Care Spending'' issued by the Departments and the Office of 
Personnel Management (OPM) implement the provisions of section 9825 of 
the Code, section 725 of ERISA, and section 2799A-10 of the PHS Act, as 
enacted by section 204 of Title II of Division BB of the CAA. OPM 
joined the Departments in issuing the 2021 interim final rules, 
requiring Federal Employees Health Benefits (FEHB) carriers to report 
information about prescription drug and health care spending, premiums, 
and plan enrollment in the same manner as a group health plan or health 
insurance issuer offering group or individual health insurance 
coverage. Form Number: CMS-10788 (OMB control number: 0938-1405); 
Frequency: Annual; Affected Public: Private Sector; Number of 
Respondents: 356; Total Annual Responses: 356; Total Annual Hours: 
1,684,080. (For policy questions regarding this collection, contact 
Christina Whitefield at 301-492-4172.)

    Dated: June 23, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-13769 Filed 6-27-22; 8:45 am]
BILLING CODE 4120-01-P