[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74494-74495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24012]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10652]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect information from the public. Under the Paperwork Reduction 
Act of 1995 (the PRA), federal agencies are required to publish notice 
in the Federal Register concerning each proposed collection of 
information (including each proposed extension or reinstatement of an 
existing collection of information) and to allow 60 days for public 
comment on the proposed action. Interested persons are invited to send 
comments regarding our burden estimates or any other aspect of this 
collection of information, including the necessity and utility of the 
proposed information collection for the proper performance of the 
agency's functions, the accuracy of the estimated burden, ways to 
enhance the quality, utility, and clarity of the information to be 
collected, and the use of automated collection techniques or other 
forms of information technology to minimize the information collection 
burden.

DATES: Comments must be received by January 2, 2024.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted in any one of the following ways:
    1. Electronically. You may send your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options''

[[Page 74495]]

to find the information collection document(s) that are 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.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, please access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.

FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION:

Contents

    This notice sets out a summary of the use and burden associated 
with the following information collections. More detailed information 
can be found in each collection's supporting statement and associated 
materials (see ADDRESSES).
CMS-10652 Virtual Groups for Merit-Based Incentive Payment System 
(MIPS)
    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain 
approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. The term 
``collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA requires federal agencies 
to publish a 60-day notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
or reinstatement of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, CMS is publishing this notice.

Information Collection

    1. Type of Information Collection Request: Extension of currently 
approved Information Collection; Title of Information Collection: 
Virtual Groups for Merit-Based Incentive Payment System (MIPS); Use: 
Section 1848(q)(5)(I)(ii) of the 2018 Quality Payment Program final 
rule establishes that a process must be in place to allow an individual 
MIPS eligible clinician or group consisting of not more than 10 MIPS 
eligible clinicians to elect, with respect to a performance period for 
a year, to be in a virtual group with at least one other such 
individual MIPS eligible clinician or group. Section 1848(q)(5)(I)(iii) 
of the Act establishes the following requirements that pertain to an 
election process: (1) individual eligible clinicians and groups forming 
virtual groups are required to make the election prior to the start of 
the applicable performance period under MIPS and cannot change their 
election during the performance period; (2) an individual eligible 
clinician or group may elect to be in no more than one virtual group 
for a performance period and in the case of the group electing to be in 
a virtual group for the performance period, the election applies to all 
eligible clinicians in the group; (3) a virtual group is a combination 
of TINs; (4) formal written agreements are required among the eligible 
clinicians (includes individual eligible clinicians and eligible 
clinicians within the groups) electing to be a virtual group; and (5) 
the Secretary has the authority to include other requirements 
determined appropriate.
    Section 1848(q)(5)(I)(i) of the Act also provides that MIPS 
eligible clinicians electing to be a virtual group must: (1) have their 
performance assessed for the quality and cost performance categories in 
a manner that applies the combined performance of all the MIPS eligible 
clinicians in the virtual group to each MIPS eligible clinician in the 
virtual group for the applicable performance period; and (2) be scored 
for the quality and cost performance categories based on such 
assessment. Form Number: CMS-10652 (OMB control number: 0938-1343); 
Frequency: Yearly; Affected Public: Individuals and Households, Private 
Sector, Business or other for-profits and Not-for-profit institutions; 
Number of Respondents: 16; Total Annual Responses: 16; Total Annual 
Hours: 160 (For policy questions regarding this collection contact 
Renee O'Neill at 410-786-8821.)

    Dated: October 26, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-24012 Filed 10-30-23; 8:45 am]
BILLING CODE 4120-01-P