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[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20323-20324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07800]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10309, CMS-10475, CMS-R-5, CMS-R-234, and 
CMS-R-297]

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: Reinstatement with 
change of a previously approved collection. Title of Information 
Collection: Grandfathering Provisions of the Medicare DMEPOS 
Competitive Bidding Program. Use: Section 1847(a)(4) of the Social 
Security Act (the Act) requires that (in the case of covered durable 
medical equipment (DME) items for which payment is made on a rental 
basis under section 1834(a) of the Act and in the case of oxygen for 
which payment is made under section 1834(a)(5) of the Act) the 
Secretary shall establish a grandfathering process by which covered 
items and supplies that were rented by suppliers before the 
implementation of a competitive bidding program may be continued.
    We established the grandfathering process in the April 10, 2007 
final rule for competitive bidding (72 FR 17992) for rented DME and 
oxygen and oxygen equipment when these items are included under the 
Medicare DMEPOS Competitive Bidding Program. This process only applies 
to suppliers that rented DME and oxygen and oxygen equipment to 
beneficiaries who maintain a permanent residence in a competitive 
bidding area (CBA) before the implementation of the competitive bidding 
program.
    The competitive bidding program will require some beneficiaries to 
change their suppliers. In order to avoid a beneficiary being without 
medically necessary equipment we felt it necessary to establish this 
notification process.
    The notification to the beneficiaries is a beneficiary protection 
that will keep them informed of whether or not they can continue to 
rent an item from their current supplier or go to a contract supplier. 
The notification will also provide information to the beneficiary as to 
how to find a contract supplier in their CBA. In the event that the 
beneficiary must go to a contract supplier, the notification will 
identify the procedure for the pick-up of their current equipment and 
delivery of new equipment.
    Form Number: CMS-10309 (OCN 0938-1079). Frequency: Once. Affected 
Public: Private sector (business or other for-profits). Number of 
Respondents: 2,697 (or 8,091/3). Total Annual Responses: 536,667 (or 
1,610,000/3). Total Annual Hours: 65 (or 196/3). (For policy questions 
regarding this collection contact Michael Keane at 410-786-4495. For 
all other issues call 410-786-1326.)
    2. Type of Information Collection Request: New collection (request 
for a new OMB control number). Title of Information Collection: Hospice 
Experience of Care Survey. Use: This survey supports the National 
Quality Strategy that was called for under the Affordable Care Act to 
create national aims and priorities to guide local, state, and national 
efforts to improve the quality of health care. This strategy has 
established six priorities that support a three-part aim focusing on 
better care, better health, and lower costs through improvement. 
Because the hospice survey focuses on experiences of care, 
implementation of the survey supports the following national priorities 
for improving care: engaging patients and families in care and 
promoting effective communication and coordination. In addition, upon 
national implementation and public reporting of hospice survey results, 
the survey will provide data on experiences with hospice care that 
enable consumers to make meaningful comparisons between hospices across 
the nation. Form Number: CMS-10475 (OCN 0938-New). Frequency: Once. 
Affected Public: Individuals and households. Number of Respondents: 
730. Total Annual Responses: 730. Total Annual Hours: 185. (For policy 
questions regarding this collection contact Lori Teichman at 410-786-
6684. For all other issues call 410-786-1326.)
    3. Type of Information Collection Request: Reinstatement without 
change of a previously approved collection. Title of Information 
Collection: Physician Certification/Recertification in Skilled Nursing 
Facilities (SNFs) Manual Instructions and Supporting Regulation in 42 
CFR 424.20. Use: The Medicare program requires, as a condition for 
Medicare Part A payment for posthospital SNF services that a physician 
must certify and periodically recertify that a beneficiary requires an 
SNF level of care. The physician certification and recertification is 
intended to ensure that the beneficiary's need for services has been 
established and then reviewed and updated at appropriate intervals. The 
documentation is a condition for Medicare Part A payment for post-
hospital SNF care. Form Number: CMS-R-5 (OCN 0938-0454). Frequency: 
Occasionally. Affected Public: Private sector (business or other for-
profit and not-for-profit institutions). Number of Respondents: 
1,796,502. Total Annual Responses: 1,796,502. Total Annual Hours: 
559,713. (For policy questions regarding this collection contact Kia 
Sidbury at 410-786-7816. For all other issues call 410-786-1326.)
    4. Type of Information Collection Request: Extension without change 
of a currently approved collection. Title of Information Collection: 
Subpart D--Private Contracts and Supporting Regulations contained in 42 
CFR 405.410, 405.430, 405.435, 405.440, 405.445, and 405.455. Use: 
Section 4507 of Balancing Budget Act (BBA) 1997 amended section 1802 of 
the Social Security Act to permit certain physicians and practitioners 
to opt-out of Medicare and to provide (through private contracts) 
services that would otherwise be covered by Medicare. Under such 
contracts the mandatory claims submission and limiting charge

[[Page 20324]]

rules of section 1848(g) of the Act would not apply. Subpart D and the 
supporting regulations counter the effect of certain provisions of 
Medicare law that, absent section 4507 of BBA 1997, preclude physicians 
and practitioners from contracting privately with Medicare 
beneficiaries to pay without regard to Medicare limits. Physicians and/
or practitioners use these information collection requirements to 
comply with the law. In addition, Medicare carriers use this 
information to determine if benefits should be paid or continued. Form 
Number: CMS-R-234 (OCN 0938-0730). Frequency: Biennially. Affected 
Public: Private sector (business or other for-profits). Number of 
Respondents: 26,820. Total Annual Responses: 26,820. Total Annual 
Hours: 7,197. (For policy questions regarding this collection contact 
Fred Grabau at 410-786-0206. For all other issues call 410-786-1326.)
    5. Type of Information Collection Request: Extension without change 
of a currently approved collection. Title of Information Collection: 
Request for Employment Information. Use: This form is used by the 
Social Security Administration to obtain information from employers 
regarding whether a Medicare beneficiary's coverage under a group 
health plan is based on current employment status. Form Number: CMS-R-
297 (OCN 0938-0787). Frequency: Once. Affected Public: Private sector 
(business or other for-profit and not-for-profit institutions). Number 
of Respondents: 15,000. Total Annual Responses: 15,000. Total Annual 
Hours: 3,750. (For policy questions regarding this collection contact 
Lindsay Smith at 410-786-6843. 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.
    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 June 3, 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: March 29, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2013-07800 Filed 4-3-13; 8:45 am]
BILLING CODE 4120-01-P
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