80110 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

ESTIMATED ANNUALIZED BURDEN HOURS—Continued 

Type of respondents Form name Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Replicate 24-Hour Dietary Recall—Prenatal 90 1 24/60 

Request for notification of child’s birth ........... 1,413 1 2/60 

Birth Screener ................................................ 1,368 1 2/60 

1-Month Survey .............................................. 1,231 1 20/60 

2-Month Survey .............................................. 1,192 1 15/60 

3-Month Survey .............................................. 1,153 1 15/60 

24-Hour Dietary Recall—Month 3 .................. 750 1 24/60 

Replicate 24-Hour Dietary Recall—Month 3 .. 73 1 24/60 

4-Month Survey .............................................. 1,117 1 15/60 

5-Month Survey .............................................. 1,081 1 15/60 

6-Month Survey .............................................. 1,046 1 15/60 

8-Month Survey .............................................. 1,013 1 15/60 

10-Month Survey ............................................ 980 1 20/60 

12-Month Survey ............................................ 949 1 15/60 

15-Month Survey ............................................ 919 1 15/60 

18-Month Survey ............................................ 889 1 15/60 

21-Month Survey ............................................ 861 1 15/60 

24-Month Survey ............................................ 833 1 15/60 

Jeffrey M. Zirger, 

Lead, Information Collection Review Office, 

Office of Scientific Integrity, Office of Science, 

Centers for Disease Control and Prevention. 

[FR Doc. 2020–27321 Filed 12–10–20; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

CDC/Mine Safety and Health Research 

Advisory Committee (MSHRAC); 

Notice of Charter Renewal 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of Charter Renewal. 

SUMMARY: This gives notice that under 

the Federal Advisory Committee Act of 

October 6, 1972, that the MSHRAC, 

Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services, has been renewed 

for a 2-year period through November 

30, 2022. 

FOR FURTHER INFORMATION CONTACT: 

George W. Luxbacher, Designated 

Federal Officer, CDC/Mine Safety and 

Health Research Advisory Committee 

(MSHRAC), CDC, HHS, 1600 Clifton 

Road NE, MS–E20, Atlanta, Georgia 

30329–4027; Telephone (404) 498–2808, 

GLuxbacher@cdc.gov. 

SUPPLEMENTARY INFORMATION: The 

Director, Strategic Business Initiatives 

Unit, Office of the Chief Operating 

Officer, Centers for Disease Control and 

Prevention, has been delegated the 

authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities, for both the 

Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Kalwant Smagh, 

Director, Strategic Business Initiatives Unit, 

Office of the Chief Operating Officer, Centers 

for Disease Control and Prevention. 

[FR Doc. 2020–27228 Filed 12–10–20; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Board of Scientific Counselors, 

National Center for Health Statistics 

(BSC, NCHS) 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, the 

CDC announces the following meeting 

for the Board of Scientific Counselors, 

National Center for Health Statistics 

BSC, NCHS). This meeting is open to 

the public limited only by the audio (via 

teleconference) lines available. The 

public is welcome to listen to the 

meeting, please use the following URL 

https://www.cdc.gov/nchs/about/bsc/ 

bsc_meetings.htm that points to the BSC 

homepage. Further information and 

meeting agenda will be available on the 

BSC website including instructions for 

accessing the live meeting broadcast. 

DATES: This meeting will be held on 

January 27, 2021, from 11:00 a.m.—5:30 

p.m., EST.

ADDRESSES: The teleconference access

ishttps://www.cdc.gov/nchs/about/bsc/

bsc_meetings.htm.

FOR FURTHER INFORMATION CONTACT:

Sayeedha Uddin, M.D., M.P.H.,

Executive Secretary, NCHS/CDC, Board

of Scientific Counselors, 3311 Toledo

Road, Room 2627, Hyattsville, Maryland

20782; Telephone (301) 458–4303,

Email SUddin@cdc.gov.

SUPPLEMENTARY INFORMATION: PURPOSE:

This committee is charged with

providing advice and making

recommendations to the Secretary,

Department of Health and Human

Services; the Director, CDC; and the

Director, NCHS, regarding the scientific

and technical program goals and

objectives, strategies, and priorities of

NCHS.

Matters to be Considered: The 

meeting agenda includes welcome 

remarks and a Center update by NCHS 

leadership; presentation on National 

Center for Health Statistics Strategic 

Planning; presentation on integrating 

Pulse and RANDS Surveys into the 

National Health Interview Survey; the 

National Health and Nutrition 

Examination Survey update; and update 

on the National Ambulatory Medical 

Care Survey workgroup. Agenda items 

are subject to change as priorities 

dictate. 

The Director, Strategic Business 

Initiatives Unit, Office of the Chief 

Operating Officer, Centers for Disease 

Control and Prevention, has been 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80111 

delegated the authority to sign Federal 

Register notices pertaining to 

announcements of meetings and other 

committee management activities, for 

both the Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Kalwant Smagh, 

Director, Strategic Business Initiatives Unit, 

Office of the Chief Operating Officer, Centers 

for Disease Control and Prevention. 

[FR Doc. 2020–27226 Filed 12–10–20; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS- 1758–PN] 

Medicare Program; Request for an 

Exception to the Prohibition on 

Expansion of Facility Capacity Under 

the Hospital Ownership and Rural 

Provider Exceptions to the Physician 

Self-Referral Prohibition 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice with request for 

comment. 

SUMMARY: The Social Security Act 

prohibits a physician-owned hospital 

from expanding its facility capacity, 

unless the Secretary of the Department 

of Health and Human Services grants 

the hospital’s request for an exception to 

that prohibition after considering input 

on the hospital’s request from 

individuals and entities in the 

community where the hospital is 

located. The Centers for Medicare & 

Medicaid Services has received a 

request from a physician-owned 

hospital for an exception to the 

prohibition against expansion of facility 

capacity. This notice solicits comments 

on the request from individuals and 

entities in the community in which the 

physician-owned hospital is located. 

Community input may inform our 

determination regarding whether the 

requesting hospital qualifies for an 

exception to the prohibition against 

expansion of facility capacity. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on January 11, 2021. 

ADDRESSES: In commenting, refer to file 

code CMS–1758–PN. 

Comments, including mass comment 

submissions, must be submitted in one 

of the following three ways (please 

choose only one of the ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS-1758-PN, P.O. Box 8010, 

Baltimore, MD 21244–1850. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS-1758-PN, Mail 

Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Taft at 410–786–4561 or Joi 

Hosley at 410–786–2194; POHExceptionRequests@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: Inspection 

of Public Comments: All comments 

received before the close of the 

comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following 

website as soon as possible after they 

have been received: http://

www.regulations.gov. Follow the search 

instructions on that website to view 

public comments. CMS will not post on 

Regulations.gov public comments that 

make threats to individuals or 

institutions or suggest that the 

individual will take actions to harm the 

individual. CMS continues to encourage 

individuals not to submit duplicative 

comments. We will post acceptable 

comments from multiple unique 

commenters even if the content is 

identical or nearly identical to other 

comments. 

I. Background 

Section 1877 of the Social Security 

Act (the Act), also known as the 

physician self-referral law— (1) 

prohibits a physician from making 

referrals for certain designated health 

services payable by Medicare to an 

entity with which he or she (or an 

immediate family member) has a 

financial relationship, unless the 

requirements of an applicable exception 

are satisfied; and (2) prohibits the entity 

from filing claims with Medicare (or 

billing another individual, entity, or 

third party payer) for any improperly 

referred designated health services. A 

financial relationship may be an 

ownership or investment interest in the 

entity or a compensation arrangement 

with the entity. The statute establishes 

a number of specific exceptions and 

grants the Secretary of the Department 

of Health and Human Services (the 

Secretary) the authority to create 

regulatory exceptions for financial 

relationships that do not pose a risk of 

program or patient abuse. 

Section 1877(d) of the Act sets forth 

exceptions related to ownership or 

investment interests held by a physician 

(or an immediate family member of a 

physician) in an entity that furnishes 

designated health services. Section 

1877(d)(2) of the Act provides an 

exception for ownership or investment 

interests in rural providers (the ‘‘rural 

provider exception’’). In order to qualify 

for the rural provider exception, the 

designated health services must be 

furnished in a rural area (as defined in 

section 1886(d)(2) of the Act) and 

substantially all the designated health 

services furnished by the entity must be 

furnished to individuals residing in a 

rural area, and, in the case where the 

entity is a hospital, the hospital meets 

the requirements of section 1877(i)(1) of 

the Act no later than September 23, 

2011. Section 1877(d)(3) of the Act 

provides an exception for ownership or 

investment interests in a hospital 

located outside of Puerto Rico (the 

‘‘whole hospital exception’’). In order to 

qualify for the whole hospital exception, 

the referring physician must be 

authorized to perform services at the 

hospital, the ownership or investment 

interest must be in the hospital itself 

(and not merely in a subdivision of the 

hospital), and the hospital meets the 

requirements of section 1877(i)(1) of the 

Act no later than September 23, 2011. 

II. Prohibition on Facility Expansion 

Section 6001(a)(3) of the Patient 

Protection and Affordable Care Act 

(Affordable Care Act) (Pub. L. 111–148) 

amended the rural provider and whole 

hospital exceptions to provide that a 

hospital may not increase the number of 

operating rooms, procedure rooms, and 

beds beyond that for which the hospital 

was licensed on March 23, 2010 (or, in 

the case of a hospital that did not have 

a provider agreement in effect as of this 

date, but did have a provider agreement 

in effect on December 31, 2010, the 

effective date of such provider 

agreement). Thus, since March 23, 2010, 

a physician-owned hospital that seeks to 

avail itself of either exception is 


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