```

[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Page 75475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30367]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-437]

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 of currently 
approved collection; Title of Information Collection: Psychiatric Unit 
Criteria Work Sheet and Supporting Regulations 412.25 and 412.27; Use: 
Certain hospital units are excluded from the Medicare Prospective 
Payment System (PPS). The exclusion of units is not optional on the 
part of the provider but is required by section 1886(d)(1)(B) of the 
Social Security Act. That section excludes psychiatric hospitals, 
rehabilitation hospitals, hospitals whose inpatients are predominantly 
individuals under 18 years of age (children's hospitals), and 
psychiatric and rehabilitation units which are a distinct part of a 
hospital.
    CMS proposes to continue the current process of performing initial 
verifications and annual reverifications to determine that psychiatric 
units continue to comply with the regulatory criteria at 42 CFR 412.25 
and 42 CFR 412.27 of the PPS regulations. These regulations state the 
criteria that distinct part units must meet for exclusion.
    If, as a result of the regular survey process a hospital is 
certified as a psychiatric hospital by the State survey agency (SA), 
then it automatically satisfies the regulatory criteria for exclusion. 
Thus, no additional verification is required for psychiatric hospitals. 
Some verification is needed, however, to ensure that other types of 
hospitals and units meet the criteria for exclusion.
    Consequently, CMS instructed the Fiscal Intermediaries (FIs) and 
SAs to perform certain verification activities, beginning in October 
1983 when PPS was implemented. CMS originally developed the CMS-437 as 
SA Worksheet for verifying exclusions from PPS for psychiatric units.
    Since April 9, 1994, PPS-excluded psychiatric units already 
excluded from the PPS have met CMS's annual requirement for PPS-
exclusion by self-attesting that they remain in compliance with the PPS 
exclusion criteria. Under the current procedure, all psychiatric units 
applying for first-time exclusion are surveyed by the SAs. The SAs also 
perform surveys to investigate complaint allegations and conduct annual 
sample reverification surveys on 5 percent of all psychiatric units.
    The aforementioned exclusions continue to exist and thus CMS 
proposes to continue to use the Criteria Worksheet, Forms CMS-437 for 
verifying first-time exclusions from the PPS, for complaint surveys, 
for its annual 5 percent validation sample, and for facility self-
attestation. These forms are related to the survey and certification 
and Medicare approval of the PPS-excluded units. Form Number: CMS-437 
(OMB: 0938-0358); Frequency: Annually; Affected Public: 
Private sector businesses or other for-profits; Number of Respondents: 
1,333; Total Annual Responses: 1,333; Total Annual Hours: 333. (For 
policy questions regarding this collection contact Kelley Leonette at 
410-786-6664. 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 at http://www.cms.hhs.gov/PaperworkReductionActof1995, or E-
mail 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 February 1, 2011:
    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: November 24, 2010.
Martique Jones,
Director, Regulations Development Division-B, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2010-30367 Filed 12-2-10; 8:45 am]
BILLING CODE 4120-01-P
```