[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Notices]
[Pages 44685-44686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11041]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10391 and CMS-10856]


Agency Information Collection Activities: Proposed Collection; 
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 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 July 22, 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

[[Page 44686]]

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-10391 Methods for Assuring Access to Covered Medicaid Services 
Under 42 CFR 447.203 and 447.204
CMS-10856 Medicaid Managed Care and Supporting Regulations

    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: Revision of a currently 
approved collection; Title of Information Collection: Methods for 
Assuring Access to Covered Medicaid Services Under 42 CFR 447.203 and 
447.204; Use: Sections 447.203 and 447.204 require that states: 
``assure that payments are consistent with efficiency, economy, and 
quality of care and are sufficient to enlist enough providers so that 
care and services are available under the plan at least to the extent 
that such care and services are available to the general population in 
the geographic area.'' The information is used by states to document 
that access to care is in compliance with section 1902(a)(30)(A) of the 
Social Security Act, to identify issues with access within a state's 
Medicaid program, and to inform any necessary programmatic changes to 
address issues with access to care. CMS will use the information to 
monitor ongoing compliance with section 1902(a)(30)(A) of the Act, and 
to make informed approval decisions on State plan amendments that 
propose to make Medicaid rate reductions or restructure payment rates. 
Beneficiaries, providers, and other affected stakeholders may use the 
information to raise access issues to state Medicaid agencies and work 
with agencies to address those issues. Form Number: CMS-10391 (OMB 
control number: 0938-1134); Frequency: Annually; Affected Public: 
State, Local, or Tribal Governments; Number of Respondents: 51; Total 
Annual Responses: 341; Total Annual Hours: 15,305. (For questions 
regarding this collection contact Jeremy Silanskis at 410-786-1592.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicaid Managed 
Care and Supporting Regulations; Use: The collection of information 
request pertains to the attestation collection requirement at 42 CFR 
438.6(c)(2)(ii)(H), which requires that providers receiving payment 
under a State directed payment attest that they do not participate in 
any hold harmless arrangement for any health care-related tax as 
specified in Sec.  433.68(f)(3) in which the State or other unit of 
government imposing the tax provides for any direct or indirect 
payment, offset, or waiver such that the provision of the payment, 
offset, or waiver directly or indirectly guarantees to hold the 
taxpayer harmless for all or any portion of the tax amount, and ensure 
either that (upon CMS request) such attestations are available, or that 
the State provides an explanation that is satisfactory to CMS about why 
specific providers are unable or unwilling to make such attestations. 
Form Number: CMS-10856 (OMB control number: 0938-1453); Frequency: 
Yearly and once; Affected Public: Private sector and State, Local, or 
Tribal Governments; Number of Respondents: 1,088,094; Total Annual 
Responses: 1,088,138; Total Annual Hours: 145,523. (For questions 
regarding this collection contact Abigail Walker at 410-786-1725.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-11041 Filed 5-20-24; 8:45 am]
BILLING CODE 4120-01-P