[Federal Register Volume 90, Number 166 (Friday, August 29, 2025)]
[Notices]
[Pages 42246-42248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16589]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-R-70, CMS-R-72 and CMS-10781]
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 28, 2025.
[[Page 42247]]
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-R-70 Information Collection Requirements in HSQ-110, Acquisition,
Protection and Disclosure of Peer review Organization Information and
Supporting Regulations
CMS-R-72 Information Collection Requirements in 42 CFR 478.18, 478.34,
478.36, 478.42, QIO Reconsiderations and Appeals
CMS-10781 FOIA/Privacy Act Requests for Medicare Claims Data via CMS
FOIA Public Portal
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: Extension of a currently
approved collection; Title of Information Collection: Information
Collection Requirements in HSQ-110, Acquisition, Protection and
Disclosure of Peer review Organization Information and Supporting
Regulations; Use: The Peer Review Improvement Act of 1982 authorizes
quality improvement organizations (QIOs), formally known as peer review
organizations (PROs), to acquire information necessary to fulfill their
duties and functions and places limits on disclosure of the
information. The QIOs are required to provide notices to the affected
parties when disclosing information about them. These requirements
serve to protect the rights of the affected parties. The information
provided in these notices is used by the patients, practitioners and
providers to: obtain access to the data maintained and collected on
them by the QIOs; add additional data or make changes to existing QIO
data; and reflect in the QIO's record the reasons for the QIO's
disagreeing with an individual's or provider's request for amendment.
Beneficiary and Family-Centered Care-Quality Improvement
Organization (BFCC-QIO) Contracts have been signed with QIOs for their
respective geographic areas (which includes all United States &
Territories). The second type of QIOs and Quality Innovation Network-
QIOs focus on health care quality improvement efforts.
The scope of information collection by the BFCC-QIOs includes the
number of Medicare beneficiaries with expedited appeals,
reconsideration appeals and Beneficiary Complaint cases which are then
reported into the CMS System of Record. Medicare beneficiaries or their
appointed representatives have the right to appeal the provider's
decision to discharge or end services if beneficiaries believe their
Medicare Part A Medicare services (e.g., hospital discharge, skilled
nursing home care, home health, etc.) are ending too soon. They also
have the right to file a Beneficiary Complaint case when they have
concerns about the quality of care they received. Form Number: CMS-R-70
(OMB control number: 0938-0426); Frequency: Reporting--On occasion;
Affected Public: Business or other for-profits; Number of Respondents:
50,000; Total Annual Responses: 398,388; Total Annual Hours: 521,599.
(For policy questions regarding this collection contact
[email protected]).
2. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Information
Collection Requirements in 42 CFR 478.18, 478.34, 478.36, 478.42, QIO
Reconsiderations and Appeals; Use: The Peer Review Improvement Act of
1982 amended Title XI of the Social Security Act to create the
Utilization and Quality Control Peer Review Organization (PRO) program.
Under this program, a PRO is designated in each State to ensure that
care provided to Medicare patients is reasonable, medically necessary,
and of a quality that meets professionally recognized standards of
care. A Federal Register notice dated May 24, 2002, renamed the PROs as
Quality Improvement Organizations (QIOs).
Beneficiary and Family-Centered Care-Quality Improvement
Organization (BFCC-QIO) Contracts have been signed with QIOs for their
respective geographic areas (which includes all United States &
Territories). The second type of QIOs are Quality Innovation Network-
QIOs, and focus on health care quality improvement efforts.
The scope of this information collection includes that from the
BFCC-QIOs for the number of Medicare beneficiary level 2 appeals.
Medicare beneficiaries or their appointed representatives have the
right to appeal the provider's decision to discharge or end services if
beneficiaries believe that their Medicare Part A Medicare services
(e.g., hospital discharge, skilled nursing home care, home health,
etc.) are ending too soon. Medicare beneficiaries have the right to
file a reconsideration of a BFCC-QIO appeals review determination. Form
Number: CMS-R-72 (OMB control number: 0938-0443); Frequency:
Reporting--On occasion; Affected Public: Individuals or Households and
Business or other for-profit institutions; Number of Respondents:
20,129; Total Annual Responses: 60,729; Total Annual Hours: 22,014.
(For policy questions regarding this collection contact
[email protected]).
3. Type of Information Collection Request: Reinstatement without
change of a previously approved collection; Title of Information
Collection: FOIA/Privacy Act Requests for Medicare Claims Data via CMS
FOIA Public
[[Page 42248]]
Portal; Use: This collection of information is dedicated to Medicare
beneficiaries and third-party requesters (law firms or others) acting
on behalf of beneficiaries that are making requests for CMS to produce
Medicare beneficiary records through 5 U.S.C. 552(b) (See also 42 CFR
401.136). The online portal allows for ease and efficiency in uploading
requests and required authorizations. Additionally, with the portal,
requesters can securely submit requests electronically that contain PHI
or PII. They are advised that MyMedicare.gov/Blue Button3 is an online
service available for beneficiaries to set up an account to access
their own records and give authorization to share with third parties.
This secure public online portal is integrated with CMS's current FOIA/
Privacy Act case management system to enter, track, and process
incoming FOIA requests (See 45 CFR 5.22 and 5.24). Unless permitted or
required by law, the Health Insurance Portability and Accountability
Act (HIPAA) Privacy Rule (45 CFR 164.508) prohibits Medicare (a HIPAA-
covered entity) from disclosing an individual's protected health
information without valid authorization. Form Number: CMS-10781 (OMB
control number: 0938-1419); Frequency: Reporting--Occasionally;
Affected Public: Individuals or Households; Number of Respondents:
22,600; Total Annual Responses: 22,600; Total Annual Hours: 7,533. (For
policy questions regarding this collection contact Joseph Tripline at
[email protected]).
William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts,
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2025-16589 Filed 8-28-25; 8:45 am]
BILLING CODE 4120-01-P