[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12846-12847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03344]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10662 and CMS-10219]
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 March 21, 2024.
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: Revision of a currently
approved collection; Title of Information Collection: Administrative
Simplification HIPAA Compliance Review; Use: Section 1173 of the Social
Security Act (the Act), 42 U.S.C. 1320d-2, and section 264 of HIPAA
require the Secretary to adopt a number of national standards to
facilitate the exchange of certain health information and to protect
the privacy and security of such information.
The Secretary promulgated rules that relate to compliance with, and
enforcement of, the HIPAA rules, which are codified at 45 CFR part 160,
subparts C, D, and E and collectively referred to as the Enforcement
Rule. The Secretary first issued an interim final rule promulgating the
procedural requirements for imposition of civil money penalties on
violations of the privacy standards on April 17, 2003, Civil Money
Penalties: Procedures for Investigations, Imposition of Penalties (68
FR 18896). The Secretary subsequently proposed a rule on April 18,
2005, HIPAA Administrative Simplification: Enforcement; Proposed Rule
(70 FR 20224), proposing the amendment of 45 CFR part 160, subparts A
(General Provisions), C (Compliance and Enforcement), and E (Procedures
for Hearing), and proposing a new subpart D (Imposition of Civil Money
Penalties) that addressed the substantive issues related to the
imposition of civil money penalties and proposing the above provisions
be applied to all HIPAA rules.
The purpose of this collection is to retrieve information necessary
to conduct a compliance review and carry out the authority delegated to
CMS as described in CMS-0014-N (68 FR 60694). These forms will be
submitted to the Centers for Medicare & Medicaid Services (CMS),
National Standards Group, from entities covered by HIPAA Administrative
Simplification regulations. This collection is not applicable to HIPAA
Privacy and Security Rules. Form Number: CMS-10662 (OMB Control Number:
0938-1390); Frequency: Weekly; Affected Public: Private, State, Local,
or Tribal Governments, Federal Government, Business or other for-
profits, Not-for-profits institutions; Number of Respondents: 50; Total
Annual Responses: 50; Total Annual Hours: 500. (For policy questions
regarding this collection contact Kevin Stewart at (410) 786-6149.)
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: HEDIS Data
Collection for Medicare Advantage; Use: Sections 422.152 and 422.516 of
title 42 of the Code of Federal Regulations (CFR) specify that MAOs
must submit quality performance measures as specified by the Secretary
of the Department of Health and Human Services and by CMS. These
quality performance measures include HEDIS[reg]. HEDIS[reg] data are
used in the Medicare Part C Star Ratings which are used to determine
Quality Bonus Payments to Medicare Advantage contracts.
[[Page 12847]]
CMS requires MAOs, Sec. 1876 cost contracts, and Medicare Medicaid
Plans (MMPs or demonstrations) to submit HEDIS[reg] data on an annual
basis to (1) assess care that is provided to Medicare beneficiaries and
(2) to provide information to Medicare beneficiaries to make more
informed decisions when choosing a health plan.
The HEDIS[reg] data collection supports the CMS strategic goals of
advancing health equity and improving health outcomes for Medicare
beneficiaries. The HEDIS[reg] measures are part of the Medicare Part C
Star Ratings as described at Sec. Sec. 422.160, 422.162, 422.164, and
422.166. CMS publishes the Medicare Part C Star Ratings each year to:
(1) incentivize quality improvement in Medicare Advantage (MA); and (2)
assist beneficiaries in finding the best plan for them. The Star
Ratings are used to determine MA Quality Bonus Payments. Form Number:
CMS-10219 (OMB control number: 0938-1028); Frequency: Yearly; Affected
Public: Private Sector, Business or other for-profits and Not-for-
profits institutions; Number of Respondents: 808; Total Annual
Responses: 808; Total Annual Hours: 258,560. (For policy questions
regarding this collection contact Lori Luria at
[email protected]).
William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts,
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-03344 Filed 2-16-24; 8:45 am]
BILLING CODE 4120-01-P