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[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Pages 29137-29139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11812]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10088, CMS-10265, CMS-10477 and CMS-R-13]

Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid 
Services (CMS) is publishing the following summary of proposed 
collections for public comment. Interested persons are invited to send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including any of the following subjects: (1) 
The necessity and utility of the proposed information collection for 
the proper performance of the agency's functions; (2) the accuracy of 
the estimated burden; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) the use of 
automated collection techniques or other forms of information 
technology to minimize the information collection burden.
    1. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Notification of Fiscal Intermediaries (FIs) and CMS of Co-located 
Medicare Providers and Supporting Regulations in 42 CFR 412.22 and 
412.532; Use: Many long-term care hospitals (LTCHs) are co-located with 
other Medicare providers (acute care hospitals, inpatient 
rehabilitation facilities (IRFs), skilled nursing facilities (SNFs), 
and psychiatric facilities), which leads to potential gaming of the 
Medicare system based on patient shifting. We are requiring LTCHs to 
notify fiscal intermediaries (FIs), Medicare administrative contractors 
(MACs), and CMS of co-located providers and establish policies to limit 
payment abuse that will be based on FIs and MACs tracking patient 
movement among these co-located providers 42 CFR 412.22(e)(6) and 
(h)(5).
    Based upon being able to identify co-located providers, FIs, MACs, 
and CMS will be able to track patient shifting between LTCHs and other 
in-patient providers which will lead to appropriate payments under 
Sec.  412.532. That section limits payments to LTCHs where over 5 
percent of admissions represent patients who had been sequentially 
discharged by the LTCH, admitted to an on-site provider, and 
subsequently readmitted to the LTCH. Since each discharge triggers a 
Medicare payment, we implemented this policy to discourage payment 
abuse.
    Form Number: CMS-10088 (OCN: 0938-0897); Frequency: Occasionally; 
Affected Public: Private Sector--Business or other for-profit and not-
for-profit institutions; Number of Respondents: 25; Total Annual 
Responses: 25; Total Annual Hours: 6. (For policy questions regarding 
this collection contact Judy Richter at 410-786-2590. For all other 
issues call 410-786-1326.)
    2. Type of Information Collection Request: Reinstatement with a 
change of a previously approved collection; Title of Information 
Collection: Mandatory Insurer Reporting Requirements of Section 111 of 
the Medicare, Medicaid and SCHIP Act of 2007; Use: Section

[[Page 29138]]

111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (Pub. L. 
110-173) (MMSEA) amends the Medicare Secondary Payer (MSP) provisions 
of the Social Security Act (42 U.S.C. 1395y(b)) to provide for 
mandatory reporting by group health plan arrangements and by liability 
insurance (including self-insurance), no-fault insurance, and workers' 
compensation laws and plans. The law provides that, notwithstanding any 
other provision of law, the Secretary of Health and Human Services may 
implement this provision by program instruction or otherwise. The 
Secretary has elected not to implement the provision through rulemaking 
and will implement by publishing instructions on a publicly available 
Web site and submitting an information collection request to OMB for 
review and approval of the associated information collection 
requirements.
    Effective January 1, 2009, as required by the MMSEA, an entity 
serving as an insurer or third party administrator for a group health 
plan and, in the case of a group health plan that is self-insured and 
self-administered, a plan administrator or fiduciary must: (1) Secure 
from the plan sponsor and plan participants such information as the 
Secretary may specify to identify situations where the group health 
plan is a primary plan to Medicare; and (2) report such information to 
the Secretary in the form and manner (including frequency) specified by 
the Secretary.
    Effective July 1, 2009, as required by the MMSEA, ``applicable 
plans,'' must: (1) Determine whether a claimant is entitled to Medicare 
benefits; and, if so, (2) report the identity of such claimant and 
provide such other information as the Secretary may require to properly 
coordinate Medicare benefits with respect to such insurance 
arrangements in the form and manner (including frequency) as the 
Secretary may specify after the claim is resolved through a settlement, 
judgment, award or other payment (regardless of whether or not there is 
a determination or admission of liability). Applicable plan refers to 
the following laws, plans or other arrangements, including the 
fiduciary or administrator for such law, plan or arrangement: (1) 
Liability insurance (including self-insurance); (2) No-fault insurance; 
and (3) Workers' compensation laws or plans. As indicated, the 
Secretary has elected to implement this provision by publishing 
instructions at a Web site established for such purpose. The Web site 
is (http://www.cms.hhs.gov/MandatoryInsRep/). CMS shall use this Web 
site to publish preliminary guidance as well as the final instructions. 
The Web site also advises interested parties how to comment on the 
preliminary guidance. Form Number: CMS-10265 (OCN: 0938-1074); 
Frequency: Yearly; Affected Public: Private Sector--Business or other 
for-profits and not-for-profit institutions, State, Local or Tribal 
Governments; Number of Respondents: 22,647; Total Annual Responses: 
22,647; Total Annual Hours: 333,130. (For policy questions regarding 
this collection contact Cynthia Ginsburg at 410-786-2579. For all other 
issues call 410-786-1326.)
    3. Type of Information Collection Request: New Collection (Request 
for a new control number); Title of Information Collection: Medicaid 
Incentives for Prevention of Chronic Disease (MIPCD) Demonstration; 
Use: Under section 4108(d)(1) of the Affordable Care Act, the Centers 
for Medicare & Medicaid Services (CMS) is required to contract with an 
independent entity or organization to conduct an evaluation of the 
Medicaid Incentives for Prevention of Chronic Disease (MIPCD) 
demonstration. The contractor will conduct state site visits, two 
rounds of focus group discussions, interviews with key program 
stakeholders, and field a beneficiary satisfaction survey. Both the 
state site visits and interviews with key program stakeholders will 
entail one-on-one interviews; however each set will have a unique data 
collection form. Thus, each evaluation task listed above has a separate 
data collection form and this proposed information collection 
encompasses four data collection forms. The purpose of the evaluation 
and assessment includes determining the following:
     The effect of such initiatives on the use of health care 
services by Medicaid beneficiaries participating in the program;
     The extent to which special populations (including adults 
with disabilities, adults with chronic illnesses, and children with 
special health care needs) are able to participate in the program;
     The level of satisfaction of Medicaid beneficiaries with 
respect to the accessibility and quality of health care services 
provided through the program; and
     The administrative costs incurred by state agencies that 
are responsible for administration of the program.
    Form Number: CMS-10477 (OCN: 0938-NEW); Frequency: Annually; 
Affected Public: Individuals and households, business and not-for-
profits, State, Local or Tribal Governments; Number of Respondents: 
4,524; Total Annual Responses: 4,524; Total Annual Hours: 1,795. (For 
policy questions regarding this collection contact Jean Scott at 410-
786-6327. For all other issues call 410-786-1326.)
    4. Type of Information Collection Request: Reinstatement with 
change of a previously approved collection; Title of Information 
Collection: Conditions of Coverage for Organ Procurement Organizations 
and Supporting Regulations in 42 CFR, Sections 486.301-.348; Use: 
Section 1138(b) of the Social Security Act, as added by section 9318 of 
the Omnibus Budget Reconciliation Act of 1986 (Pub. L. 99-509), sets 
forth the statutory qualifications and requirements that organ 
procurement organizations (OPOs) must meet in order for the costs of 
their services in procuring organs for transplant centers to be 
reimbursable under the Medicare and Medicaid programs. An OPO must be 
certified and designated by the Secretary as an OPO and must meet 
performance-related standards prescribed by the Secretary. The 
corresponding regulations are found at 42 CFR Part 486 (Conditions for 
Coverage of Specialized Services Furnished by Suppliers) under subpart 
G (Requirements for Certification and Designation and Conditions for 
Coverage: Organ Procurement Organizations).
    Since each OPO has a monopoly on organ procurement within its 
designated service area (DSA), CMS must hold OPOs to high standards. 
Collection of this information is necessary for CMS to assess the 
effectiveness of each OPO and determine whether it should continue to 
be certified as an OPO and designated for a particular donation service 
area by the Secretary or replaced by an OPO that can more effectively 
procure organs within that DSA. Form Number: CMS-R-13 (OCN: 0938-0688); 
Frequency: Occasionally; Affected Public: Not-for-profit institutions; 
Number of Respondents: 58; Total Annual Responses: 58; Total Annual 
Hours: 14,453. (For policy questions regarding this collection contact 
Diane Corning at 410-786-8486. For all other issues call 410-786-1326.)
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS' 
Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995, 
or Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to Paperwork@cms.hhs.gov, or call 
the Reports Clearance Office on (410) 786-1326.

[[Page 29139]]

    In commenting on the proposed information collections please 
reference the document identifier or OMB control number. To be assured 
consideration, comments and recommendations must be submitted in one of 
the following ways by July 16, 2013:
    1. Electronically. You may submit 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) 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.

    Dated: May 14, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2013-11812 Filed 5-16-13; 8:45 am]
BILLING CODE 4120-01-P
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