[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Notices]
[Pages 67442-67443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18655]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10573 and CMS-379]


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 October 21, 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-10573 Reform of Requirements for Long-Term Care Facilities
CMS-379 Financial Statement of Debtor

    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 Collections

    1. Type of Information Collection Request: Revision of a currently 
approved information collection; Title of Information Collection: 
Reform of Requirements for Long-Term Care Facilities; Use: Sections 
1818 and 1919 of the Act (42 U.S.C. 1395i-3 and 42 U.S.C. 1396r, 
respectively) specify certain requirements that a LTC facility must 
meet to participate in the Medicare and Medicaid programs. In 
particular, sections 1819(d)(4)(B) and 1919(d)(4)(B) require that a SNF 
or NF must meet such other requirements relating to the health, safety, 
and well-being of residents or relating to the physical facilities 
thereof as the Secretary many find necessary.
    Under the authority of sections 1819, 1919, 1128I (b) and (c), and 
1150B of the Act, the Secretary proposes to establish in regulation the 
requirements that an LTC facility must meet to participate in the 
Medicare and Medicaid programs. We are revising the information 
collection requirements for the proposed respiratory illness reporting 
that would replace the current requirement on COVID-19 reporting at 
Sec.  483.80(g) based on the proposed rule, Medicare Program; Calendar 
Year (CY) 2025 Home Health Prospective Payment

[[Page 67443]]

System (HH PPS) Rate Update; HH Quality Reporting Program Requirements; 
HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous 
Immune Globulin (IVIG) Items and Services Rate Update; and Other 
Medicare Policies (July 2, 2024/89 FR 55312). In this proposed rule, we 
revised the LTC requirements for COVID-19 reporting to establish a new 
requirement for respiratory illness reporting that includes COVID-19, 
RSV, and influenza. Form Number: CMS-10573 (OMB control number: 0938-
1363); Frequency: Occasionally; Affected Public: Private Sector, 
Business or other for-profits, Not-for-profits; Number of Respondents: 
14,926; Number of Responses: 14,926; Total Annual Hours: 6,253,995. 
(For policy questions regarding this collection contact Diane Corning 
at 410-786-8486).
    2. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Financial Statement of Debtor; Use: When a Medicare Administrative 
Contractor (MAC) overpays a physician or supplier, the overpayment is 
associated with a single claim, and the amount of the overpayment is 
moderate. In these cases, the physician/supplier usually refunds the 
overpaid amount in a lump sum. Alternatively, the MAC may recoup the 
overpaid amount against future payments. A recoupment is the recovery 
by Medicare of any outstanding Medicare debt by reducing present or 
future Medicare payments and applying the amount withheld to the 
indebtedness. The recoupment can be made only if the physician/supplier 
accepts assignment since the MAC makes payment to the physician/
supplier only on assigned claims.
    The physician/supplier may be unable to refund a large overpaid 
amount in a single payment. The MAC cannot recover the overpayment by 
recoupment if the physician/supplier does not accept assignment of 
future claims, or is not expected to file future claims because of 
going out of business, illness or death. In these unusual 
circumstances, the MAC has authority to approve or deny extended 
repayment schedules up to 12-months or may recommend to the Centers for 
Medicare and Medicaid Services (CMS) to approve up to 60 months. Before 
the MAC takes these actions, the MAC will require full documentation of 
the physician's/supplier's financial situation. Thus, the physician/
supplier must complete the CMS-379, Financial Statement of Debtor.
    Section 1893(f)(1)) of the Social Security Act and 42 CFR 401.607 
provides the authority for collection of this information. Section 42 
CFR 405.607 requires that, CMS recover amounts of claims due from 
debtors including interest where appropriate by direct collections in 
lump sums or in installments. Form Number: CMS-379 (OMB control number: 
0938-0270); Frequency: Yearly; Affected Public: State, Local, or Tribal 
Governments; Number of Respondents: 500; Total Annual Responses: 500; 
Total Annual Hours: 1,000 hours. (For policy questions regarding this 
collection contact Monica Thomas, at 410-786-4292.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-18655 Filed 8-19-24; 8:45 am]
BILLING CODE 4120-01-P