[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Pages 48972-48973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23124]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10180, CMS-R-199, CMS-R-72, CMS-10260 and 
CMS-10178]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Department of Health 
and Human Services.

    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), Department of Health and Human Services, 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 function; (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 of a currently 
approved collection; Title of Information Collection: Children's Health 
Insurance Program (CHIP) Report on Payables and Receivables; Use: 
Collection of CHIP data and the calculation of the CHIP Incurred But 
Not Reported (IBNR) estimate are pertinent to CMS' financial audit. The 
CFO auditors have reported the lack of an estimate for CHIP IBNR 
payables and receivables as a reportable condition in the FY 2005 audit 
of CMS's financial statements. It is essential that CMS collect the 
necessary data from State agencies in FY 2006, so that CMS continues to 
receive an unqualified audit opinion on its financial statements. 
Program expenditures for the CHIP have increased since its inception; 
as such, CHIP receivables and payables may materially impact the 
financial statements. The CHIP Report on Payables and Receivables will 
provide the information needed to calculate the CHIP IBNR.; Form 
Number: CMS-10180 (OMB<greek-i>: 0938-0988); Frequency: Reporting--
Annually; Affected Public: State, Local or Tribal governments; Number 
of Respondents: 56; Total Annual Responses: 56; Total Annual Hours: 
336. (For policy questions regarding this collection contact Deborah 
McLeod at 410-786-0013. For all other issues call 410-786-1326.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Medicaid Report 
on Payables and Receivables; Use: The Chief Financial Officers (CFO) 
Act of 1990, as amended by the Government Management Reform Act (GMRA) 
of 1994, requires government agencies to produce auditable financial 
statements. Because the Centers for Medicare & Medicaid Services (CMS) 
fulfills its mission through its contractors and the States; these 
entities are the primary source of information for the financial 
statements. There are three basic categories of data: Expenses, 
payables, and receivables. The CMS-64 is used to collect data on 
Medicaid expenses. The CMS-R-199 collects Medicaid payable and 
receivable accounting data from the States. Form Number: CMS-R-199 
(OMB<greek-i>: 0938-0697); Frequency: Reporting--Annually; Affected 
Public: State, Local or Tribal governments; Number of Respondents: 56; 
Total Annual Responses: 56; Total Annual Hours: 336. (For policy 
questions regarding this collection contact Deborah McLeod at 410-786-
0013. 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: Information Collection Requirements in 42 CFR 478.18, 
478.34, 478.36, 478.42, QIO Reconsiderations and Appeals; Use: In the 
event that a beneficiary, provider, physician, or other practitioner 
does not agree with the initial determination of a Quality Improvement 
Organization (QIO) or a QIO subcontractor, it is within that party's 
rights to request reconsideration. The information collection 
requirements 42 CFR 478.18, 478.34, 478.36, and 478.42, contain 
procedures for QIOs to use in reconsideration of initial 
determinations. The information requirements contained in these 
regulations are on QIOs to provide information to parties requesting 
the reconsideration. These parties will use the information as 
guidelines for appeal rights in instances where issues are actively 
being disputed. Form Number: CMS-R-72 (OMB<greek-i>: 0938-0443); 
Frequency: Reporting--On occasion; Affected Public: Individuals or 
Households and Business or other for-profit institutions; Number of 
Respondents: 2,590; Total Annual Responses: 5,228; Total Annual Hours: 
2,822. (For policy questions regarding this collection contact Tom 
Kessler at 410-786-1991. For all other issues call 410-786-1326.)
    4. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicare 
Advantage and Prescription Drug Program: Final Marketing Provisions CFR 
422.111(a)(3) and 423.128 (a)(3) Use: Medicare Advantage (MA) plans 
must provide notice to plan members of impending changes to plan 
benefits, premiums and copays in the coming year so that members will 
be in the best position to make an informed choice on continued 
enrollment or disenrollment from that plan at least 15 days before the 
Annual Election Period (AEP). Beginning 2009, organizations will be 
required to notify plan members of the coming year changes using a 
combined standardized document at the time of enrollment and annually 
thereafter.
    Section 422.111 requires, to the extent that a MA plan has a Web 
site, annual notification through the Web site of written, hard copy 
notification sent to the beneficiaries. Section 423.128 requires that a 
part D plan have

[[Page 48973]]

mechanisms for providing specific information on a timely basis to 
current and prospective enrollees upon request. These mechanisms 
include, Internet Web site that includes information on part D plan 
description. MA organizations (formerly M+C organizations) and 
Prescription Drug Plan Sponsors use the information to comply with the 
eligibility requirements and the MA and part D contract requirements. 
CMS will use this information to ensure that correct information is 
disclosed to Medicare beneficiaries, both potential enrollees and 
enrollees. Form Number: CMS-10260 (OMB<greek-i>: 0938-1051); Frequency: 
Reporting--Yearly; Affected Public: Business or other for-profits; 
Number of Respondents: 740; Total Annual Responses: 740; Total Annual 
Hours: 8,880. (For policy questions regarding this collection contact 
Camille Brown at 410-786-0274. For all other issues call 410-786-1326.)
    5. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicaid and 
Children's Health Insurance (CHIP) Managed Care; Use: The Payment Error 
Rate Measurement (PERM) program measures improper payments for Medicaid 
and the State Children's Health Insurance Program (SCHIP). The program 
was designed to comply with the Improper Payments Information Act 
(IPIA) of 2002 and the Office of Management and Budget (OMB) guidance. 
Although OMB guidance requires error rate measurement for SCHIP, 2009 
SCHIP legislation temporarily suspended PERM measurement for this 
program and changed to Children's Health Insurance Program (CHIP) 
effective April 01, 2009. See Children's Health Insurance Program 
Reauthorization Act of 2009 (CHIPRA) Public Law 111-3 for more details.
    There are two phases of the PERM program, the measurement phase and 
the corrective action phase. PERM measures improper payments in 
Medicaid and CHIP and produces State and national-level error rates for 
each program. The error rates are based on reviews of Medicaid and CHIP 
fee-for-service (FFS) and managed care payments made in the Federal 
fiscal year under review. States conduct eligibility reviews and report 
eligibility related payment error rates also used in the national error 
rate calculation. CMS created a 17 State rotation cycle so that each 
State will participate in PERM once every three years.
    The information collected from the selected States will be used by 
Federal contractors to conduct Medicaid and CHIP managed care data 
processing reviews on which State-specific error rates will be 
calculated. The quarterly capitation payments will provide the 
contractor with the actual claims to be sampled. The managed care 
contracts, rate schedules, and updates to both, will be used by the 
federal contractor when conducting the managed care claims reviews. 
Form Number: CMS-10178 (OMB<greek-i>: 0938-0994); Frequency: 
Reporting--Occasionally; Affected Public: State, Local, or Tribal 
governments; Number of Respondents: 34; Total Annual Responses: 2,040; 
Total Annual Hours: 28,050. (For policy questions regarding this 
collection contact Nicole Perry at 410-786-8786. 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 
e-mail your request, including your address, phone number, OMB number, 
and CMS document identifier, to <a href="/cdn-cgi/l/email-protection#4d1d2c3d283f3a223f260d2e203e6325253e632a223b"><span class="__cf_email__" data-cfemail="e9b988998c9b9e869b82a98a849ac781819ac78e869f">[email protected]</span></a>, or call the 
Reports Clearance Office on (410) 786-1326.
    To be assured consideration, comments and recommendations for the 
proposed information collections must be received by the OMB desk 
officer at the address below, no later than 5 p.m. on October 26, 2009.
    OMB, Office of Information and Regulatory Affairs, Attention: CMS 
Desk Officer, Fax Number: (202) 395-6974. e-mail: <a href="/cdn-cgi/l/email-protection#80cfc9d2c1dff3f5e2ede9f3f3e9efeec0efede2aee5eff0aee7eff6"><span class="__cf_email__" data-cfemail="f6b9bfa4b7a98583949b9f85859f9998b6999b94d8939986d8919980">[email protected]</span></a>.

    Dated: September 18, 2009.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. E9-23124 Filed 9-24-09; 8:45 am]
BILLING CODE 4120-01-P


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