[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Notices]
[Page 76624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27167]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-R-5 & CMS-10146]


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 January 17, 2023.

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, please access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: 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: Extension of a currently 
approved collection; Title of Information Collection: Physician 
Certifications/Recertifications in Skilled Nursing Facilities Manual 
Instruction; Use: Section 1814(a) of the Social Security Act (the Act) 
requires specific certifications in order for Medicare payments to be 
made for certain services. Before the enactment of the Omnibus Budget 
Reconciliation Act of 1989 (OBRA1989, Pub. L. 101-239), section 
1814(a)(2) of the Act required that, in the case of posthospital 
extended care services, a physician certify that the services are or 
were required to be given because the individual needs or needed, on a 
daily basis, skilled nursing care (provided directly by or requiring 
the supervision of skilled nursing personnel) or other skilled 
rehabilitation services that, as a practical matter, can only be 
provided in a SNF on an inpatient basis.
    The Medicare program requires, as a condition for Medicare Part A 
payment for posthospital skilled nursing facility (SNF) services, that 
a physician or other authorized practitioner must certify and 
periodically recertify that a beneficiary requires an SNF level of 
care. The physician certification and recertification is intended to 
ensure that the beneficiary's need for services has been established 
and then reviewed and updated at appropriate intervals. The 
documentation is a condition for Medicare Part A payment for post-
hospital SNF care. Form Number: CMS-R-5 (OMB control number 0938-0454); 
Frequency: Occasionally; Affected Public: Private Sector (Business or 
other for-profits); Number of Respondents: 2,315,259; Number of 
Responses: 2,315,259; Total Annual Hours: 522,199. (For policy 
questions regarding this collection contact Kia Burwell at 410-786-
7816).
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Notice of Denial 
of Medicare Prescription Drug Coverage; Use: Part D plan sponsors are 
required to issue the Notice of Denial of Medicare Prescription Drug 
Coverage notice when a request for a prescription drug or payment is 
denied, in whole or in part. The written notice must include a 
statement, in understandable language, the reasons for the denial and a 
description of the appeals process.
    The purpose of this notice is to provide information to enrollees 
when prescription drug coverage has been denied, in whole or in part, 
by their Part D plans. The notice must be readable, understandable, and 
state the specific reasons for the denial. The notice must also remind 
enrollees about their rights and protections related to requests for 
prescription drug coverage and include an explanation of both the 
standard and expedited redetermination processes and the rest of the 
appeal process. Form Number: CMS-10146 (OMB control number 0938-0973); 
Frequency: Occasionally; Affected Public: Private Sector (Business or 
other for-profits); Number of Respondents: 683; Number of Responses: 
2,627,898; Total Annual Hours: 656,975. (For policy questions regarding 
this collection contact Coretta Edmondson at 410-786-0512).

    Dated: December 9, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-27167 Filed 12-14-22; 8:45 am]
BILLING CODE 4120-01-P