[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48482-48483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17063]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-437A and CMS-437B]


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 October 11, 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 
Submission'' or ``More Search Options'' to find the information 
collection document(s) that are accepting comments.

[[Page 48483]]

    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-437A and CMS-437B Rehabilitation Unit and Hospital Criteria 
Worksheet

    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: Revision of a currently 
approved collection; Title of Information Collection: Rehabilitation 
Unit and Hospital Criteria Worksheet; Use: Inpatient Rehabilitation 
Facility (IRF) hospitals and units must initially attest that they meet 
the Inpatient Prospective Payment System (IPPS) exclusion criteria set 
forth at 42 CFR 412.20 to Sec.  412.29 prior to being placed into IPPS 
exempt status. Form CMS-437A must be completed by IRF units and form 
CMS-437B must be completed by IRF hospitals.
    For first time verification requests for exclusion from the IPPS, 
an IRF unit or hospital must notify the Regional Office (RO) servicing 
the State in which it is located that it believes it meets the criteria 
for exclusion from the IPPS. Currently, all new IRF units or hospitals 
must provide written certification that the inpatient population it 
intends to serve will meet the requirements of the IPPS exclusion 
criteria for IRFs. The completed CMS-437A and 437B forms are submitted 
to the State Agency (SA) no later than 5 months before the date the IRF 
unit or hospital would become subject to Inpatient Rehabilitation 
Facility Prospective Payment System (IRF-PPS). For IRF units and 
hospitals already excluded from the IPPS, annual onsite re-verification 
surveys by the SA are no longer required. IRF units and hospitals must 
now re-attest to meeting the exclusion criteria every 3 years 
thereafter.
    IRF units and hospitals that have already been excluded need not 
reapply for exclusion. These facilities will automatically be 
reevaluated yearly to determine whether they continue to meet the 
exclusion criteria. For the tri-annual re-verification, IRF units and 
hospitals will be provided with a copy of the appropriate CMS-437 
worksheet at least 5-months prior to the beginning of its cost 
reporting period, so that the IRF unit or hospital official may 
complete and sign an attestation statement and complete and return the 
appropriate form CMS-437A or CMS-437B at least 5-months prior to the 
beginning of the cost reporting period. However, Fiscal Intermediaries 
(FIs) will continue to verify, on an annual basis, compliance with the 
60 percent rule (42 CFR 412.29(b)(2)) for IRF units and hospitals 
through a sample of medical records and the SA will verify the medical 
director requirement.
    The SA will notify the RO at least 60 days prior to the end of the 
IRF unit's or hospital's cost reporting period of the status of 
compliance or non-compliance with the payment requirements. The 
information collected on the 437A and 437B forms, along with other 
information submitted by the IRF is necessary for determining the IRF's 
IPPS exclusion status. We have revised the CMS-437A and 437B forms so 
that they more adequately reflect the regulatory requirements of Sec.  
412.20 to Sec.  412.29. More specifically, we have updated the text in 
the 3rd column of the form, which tells the facility what actions must 
be taken and what information must be verified to receive IPPS excluded 
status.; Form Number: CMS-437A and CMS-437B (OMB control number: 0938-
0986); Frequency: tri-annually; Affected Public: Private sector 
(Business or other for-profits); Number of Respondents: 497; Total 
Annual Responses: 497; Total Annual Hours: 497. (For policy questions 
regarding this collection contact Caroline Gallaher at 410-786-8705).

    Dated: August 4, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-17063 Filed 8-8-22; 8:45 am]
BILLING CODE 4120-01-P