[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15036-15037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04889]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-437A & CMS-437B and CMS-10836]


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 April 10, 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: Reinstatement with 
change of a previously 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 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

[[Page 15037]]

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. Subsequent to publication of the 60-day Federal Register notice 
(87 FR 48482) and notice extending the comment period for the 60-day 
notice (87 FR 61333), the collection instrument was revised to correct 
errors in the guidance and verification requirements sections of the 
forms. 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).
    2. Type of Information Collection Request: New Collection; Title of 
Information Collection: Medicare Plan Performance Warning Information; 
Use: The Centers for Medicare & Medicaid Services (CMS) is seeking 
approval to collect information to assist in the Agency's response to 
two reports from the Department of Health and Human Services Office of 
the Inspector General (OIG) related to how the agency conveys 
information on plan performance.
    CMS is conducting this research to respond to OIG's recommendations 
related to sharing additional information with beneficiaries on plan 
performance in a clear and accessible format, particularly related to 
information which may warn or caution beneficiaries about plan 
performance issues. CMS is seeking to learn more about how 
beneficiaries, caregivers, and the intermediaries who assist them use 
and understand the information CMS currently makes (or may make) 
available, as well as to assess their interest in accessing this 
information. Form number: CMS-10836 (OMB control number: 0938-New); 
Frequency: Annually; Affected Public: Individuals and Households; 
Number of Respondents: 288; Number of Responses: 288; Total Burden 
Hours: 561 (For questions regarding this collection contact Elizabeth 
Goldstein at 443 845-6993).

    Dated: March 6, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-04889 Filed 3-9-23; 8:45 am]
BILLING CODE 4120-01-P