[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5360-5361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01718]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10224 & CMS-10242]


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 (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 March 28, 2023.

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.
    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, 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 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-10224 CMS HCPCS Modification to Code Set Form
CMS-10242 Emergency Ambulance Transports and Beneficiary Signature

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain

[[Page 5361]]

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: CMS HCPCS 
Modification to Code Set Form; Use: The Healthcare Common Procedure 
Coding System (HCPCS) Level II code set is one of the standard code 
sets used for this purpose. The HCPCS Level II code set, also referred 
to as alpha-numeric codes, is a standardized coding system that is used 
primarily to identify items, supplies, and services not included in the 
HCPCS Level I Current Procedural Terminology (CPT[supreg]) codes, such 
as ambulatory services and durable medical equipment, prosthetics, 
orthotics, and supplies when used in the home or outpatient setting as 
well as certain drugs and biologicals. Because Medicare and other 
insurers cover a variety of these services and supplies, HCPCS Level II 
codes were established for assignment by insurers to identify items on 
claims. HCPCS Level II classifies similar items or services that are 
medical in nature into categories for the purpose of efficient claims 
processing. For each alpha-numeric HCPCS code, there is descriptive 
terminology that identifies a category of like items.
    As stated in 42 CFR Sec. 414.40(a) CMS establishes uniform national 
definitions of services, codes to represent services, and payment 
modifiers to the codes. The HCPCS code set has been maintained and 
distributed via modifications of codes, modifiers and descriptions, as 
a direct result of data received from applicants. Thus, information 
collected in the application is significant to code set maintenance. 
The HCPCS code set maintenance is an ongoing process, as changes are 
implemented and updated quarterly (for drug and biological products) 
and biannual (for non-drug and non-biological items or services); 
therefore, the process requires continual collection of information 
from applicants on a quarterly and bi-annual basis. As new technology 
evolves and new devices, drugs and supplies are introduced to the 
market, applicants submit applications to CMS requesting modifications 
to the HCPCS Level II code set. Form Number: CMS-10244 (OMB control 
number: 0938-1042); Frequency: Quarterly; Affected Public: Private 
sector, Business or other for-profit; Number of Respondents: 250; Total 
Annual Responses: 250; Total Annual Hours: 2,500. (For policy questions 
regarding this collection contact Sundus Ashar at 410-786-0750.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Emergency 
Ambulance Transports and Beneficiary Signature; Use: The statutory 
authority requiring a beneficiary's signature on a claim submitted by a 
provider is located in section 1835(a) and in 1814(a) of the Social 
Security Act (the Act), for Part B and Part A services, respectively. 
The authority requiring a beneficiary's signature for supplier claims 
is implicit in sections 1842(b)(3)(B)(ii) and in 1848(g)(4) of the Act. 
Federal regulations at 42 CFR 424.32(a)(3) state that all claims must 
be signed by the beneficiary or on behalf of the Beneficiary (in 
accordance with 424.36). Section 424.36(a) states that the 
beneficiary's signature is required on a claim unless the beneficiary 
has died or the provisions of 424.36(b), (c), or (d) apply.
    For emergency and nonemergency ambulance transport services, where 
the beneficiary is physically or mentally incapable of signing the 
claim (and the beneficiary's authorized representative is unavailable 
or unwilling to sign the claim), that it is impractical and infeasible 
to require an ambulance provider or supplier to later locate the 
beneficiary or the person authorized to sign on behalf of the 
beneficiary, before submitting the claim to Medicare for payment. 
Therefore, an exception was created to the beneficiary signature 
requirement with respect to emergency and nonemergency ambulance 
transport services, where the beneficiary is physically or mentally 
incapable of signing the claim, and if certain documentation 
requirements are met. Thus, we added subsection (6) to paragraph (b) of 
42 CFR 424.36. The information required in this ICR is needed to help 
ensure that services were in fact rendered and were rendered as billed. 
Form Number: CMS-10242 (OMB control number: 0938-1049); Frequency: 
Occasionally; Affected Public: Private sector, Business or other for-
profit, Not-for-profits institutions; Number of Respondents: 10,233; 
Total Annual Responses: 10,954,288; Total Annual Hours: 912,492. (For 
policy questions regarding this collection contact Sabrina Teferi at 
678-491-0546.)

    Dated: January 24, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-01718 Filed 1-26-23; 8:45 am]
BILLING CODE 4120-01-P