[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78367-78368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25224]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10662]


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,

[[Page 78368]]

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 16, 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'' 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-10662 Administrative Simplification HIPAA Compliance Review
    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 a currently 
approved collection; Title of Information Collection: Administrative 
Simplification HIPAA Compliance Review; Use: Section 1173 of the Social 
Security Act (the Act), 42 U.S.C. 1320d-2, and section 264 of HIPAA 
require the Secretary to adopt a number of national standards to 
facilitate the exchange of certain health information and to protect 
the privacy and security of such information.
    The Secretary promulgated rules that relate to compliance with, and 
enforcement of, the HIPAA rules, which are codified at 45 CFR part 160, 
subparts C, D, and E and collectively referred to as the Enforcement 
Rule. The Secretary first issued an interim final rule promulgating the 
procedural requirements for imposition of civil money penalties on 
violations of the privacy standards on April 17, 2003, Civil Money 
Penalties: Procedures for Investigations, Imposition of Penalties (68 
FR 18896). The Secretary subsequently proposed a rule on April 18, 
2005, HIPAA Administrative Simplification: Enforcement; Proposed Rule 
(70 FR 20224), proposing the amendment of 45 CFR part 160, subparts A 
(General Provisions), C (Compliance and Enforcement), and E (Procedures 
for Hearing), and proposing a new subpart D (Imposition of Civil Money 
Penalties) that addressed the substantive issues related to the 
imposition of civil money penalties and proposing the above provisions 
be applied to all HIPAA rules.
    The purpose of this collection is to retrieve information necessary 
to conduct a compliance review and carry out the authority delegated to 
CMS as described in CMS-0014-N (68 FR 60694). These forms will be 
submitted to the Centers for Medicare & Medicaid Services (CMS), 
National Standards Group, from entities covered by HIPAA Administrative 
Simplification regulations. This collection is not applicable to HIPAA 
Privacy and Security Rules. Form Number: CMS-10662 (OMB control number: 
0938-1390); Frequency: Weekly; Affected Public: Private, State, Local, 
or Tribal Governments, Federal Government, Business or other for-
profits, Not-for-profits institutions; Number of Respondents: 50; Total 
Annual Responses: 50; Total Annual Hours: 500. (For policy questions 
regarding this collection contact Kevin Stewart at (410) 786-6149.)

    Dated: November 9, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-25224 Filed 11-14-23; 8:45 am]
BILLING CODE 4120-01-P