[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19315-19316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05710]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10332]


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

[[Page 19316]]

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 May 17, 2024.

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-10332 Disclosure Requirement for the In-Office Ancillary Services 
Exception

    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: Extension without change 
of a currently approved collection; Title of Information Collection: 
Disclosure Requirement for the In-Office Ancillary Services Exception; 
Use: Section 6003 of the ACA established a disclosure requirement for 
the in-office ancillary services exception to the prohibition of 
physician self-referral for certain imaging services. This section of 
the ACA amended section 1877(b)(2) of the Social Security Act by adding 
a requirement that the referring physician informs the patient, at the 
time of the referral and in writing, that the patient may receive the 
imaging service from another supplier. The implementing regulations are 
at 42 CFR 411.355(b)(7).
    Physicians who provide certain imaging services (MRI, CT, and PET) 
under the in-office ancillary services exception to the physician self-
referral prohibition are required to provide the disclosure notice as 
well as the list of other imaging suppliers to the patient. The patient 
will then be able to use the disclosure notice and list of suppliers in 
making an informed decision about his or her course of care for the 
imaging service.
    CMS would use the collected information for enforcement purposes. 
Specifically, if we were investigating the referrals of a physician 
providing advanced imaging services under the in-office ancillary 
services exception, we would review the written disclosure in order to 
determine if it satisfied the requirement. Form Number: CMS-10332 (OMB 
control number 0938-1133); Frequency: Occasionally; Affected Public: 
Private Sector, Business or other for-profits and Not-for-profits 
institutions; Number of Respondents: 974,557; Total Annual Responses: 
974,557; Total Annual Hours: 18,107. For policy questions regarding 
this collection contact Sabrina Teferi at 404-562-7251 or 
[email protected].

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-05710 Filed 3-15-24; 8:45 am]
BILLING CODE 4120-01-P