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[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Notices]
[Pages 50913-50915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20255]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-R-21, CMS-R-148, CMS-381 and CMS-10515]

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

ACTION: Notice.

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[[Page 50914]]

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 (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 a second opportunity 
for public comment on the notice. Interested persons are invited to 
send comments regarding the 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.

DATES: Comments on the collection(s) of information must be received by 
the OMB desk officer by September 25, 2014:

ADDRESSES: When commenting on the proposed information collections, 
please reference the document identifier or OMB control number. To be 
assured consideration, comments and recommendations must be received by 
the OMB desk officer via one of the following transmissions: OMB, 
Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-5806, or Email: OIRA_submission@omb.eop.gov.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may make 
your request using one of following:
    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to Paperwork@cms.hhs.gov.
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786-
1326.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(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 (44 U.S.C. 3506(c)(2)(A)) requires 
federal agencies to publish a 30-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 that 
summarizes the following proposed collection(s) of information for 
public comment:
    1. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Withholding 
Medicare Payments to Recover Medicaid Overpayments and Supporting 
Regulations in 42 CFR 447.31; Use: Certain Medicaid providers that are 
subject to offsets for the collection of Medicaid overpayments may 
terminate or substantially reduce their participation in Medicaid, 
leaving the state Medicaid agency unable to recover the amounts due. 
Recovery procedures allow for determining the amount of overpayments 
and offsetting the overpayments by withholding the provider's Medicare 
payments. To effectuate the withholding, the state agency must provide 
their respective CMS regional office with certain documentation that 
identifies the provider and the Medicaid overpayment amount. The agency 
must also demonstrate that the provider was notified of the overpayment 
and that demand for the overpayment was made. An opportunity to appeal 
the overpayment determination must be afforded to the provider by the 
Medicaid state agency. Lastly, Medicaid state agencies must notify CMS 
when to terminate the withholding. Form Number: CMS-R-21 (OMB control 
number: 0938-0287); Frequency: Occasionally; Affected Public: State, 
Local, or Tribal Governments; Number of Respondents: 54; Total Annual 
Responses: 27; Total Annual Hours: 81. (For policy questions regarding 
this collection contact Stuart Goldstein at 410-786-0694).
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Limitations on 
Provider Related Donations and Health Care Related Taxes; Limitation on 
Payment to Disproportionate Share Hospitals; Use: States may request a 
waiver of the broad based and uniformity tax program requirements. Each 
state must demonstrate that its tax program(s) do not violate the hold 
harmless provision. Additionally, state Medicaid agencies must report 
(quarterly) on health care related taxes collected and the source of 
provider related donations received by the state or unit of local 
government. Each state must maintain, in readily reviewable form, 
supporting documentation that provides a detailed description of each 
donation and tax program being reported, as well as the source and use 
of all donations received and collected. Without this information, the 
amount of Federal financial participation payable to a state cannot be 
determined. Form Number: CMS-R-148 (OMB control number: 0938-0618); 
Frequency: Quarterly and occasionally; Affected Public: State, Local, 
or Tribal Governments; Number of Respondents: 50; Total Annual 
Responses: 40; Total Annual Hours: 3,200. (For policy questions 
regarding this collection contact Stuart Goldstein at 410-786-0694).
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Identification of 
Extension Units of Medicare Approved Outpatient Physical Therapy/
Outpatient Speech Pathology (OPT/OSP) Providers and Supporting 
Regulations; Use: The provider uses the form to report to the state 
survey agency extension locations that it has added since the date of 
last report. The form is used by the state survey agencies and by our 
regional offices to identify and monitor extension locations to ensure 
their compliance with the federal requirements for the providers of 
outpatient physical therapy and speech-language pathology services. 
Form Number: CMS-381 (OMB control number: 0938-0273); Frequency: 
Annually; Affected Public: Private Sector; Business or other for-profit 
and not-for-profit institutions; Number of Respondents: 2,260; Total 
Annual Responses: 2,260; Total Annual Hours: 565. (For policy questions 
regarding this collection contact James Cowher at 410-786-1948.)
    4. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Payment 
Collection Operations Contingency Plan Under sections 1401, 1411, and 
1412 of the Affordable Care Act and 45 CFR part 155 subpart D; Use: An 
Exchange makes an advance determination of tax credit

[[Page 50915]]

eligibility for individuals who enroll in Qualified Health Plan (QHP) 
coverage through the Exchange and seek financial assistance. Using 
information available at the time of enrollment, the Exchange 
determines whether the individual meets the income and other 
requirements for advance payments and the amount of the advance 
payments that can be used to pay premiums. Advance payments are made 
periodically under section 1412 of the Affordable Care Act to the 
issuer of the QHP in which the individual enrolls. Section 1402 of the 
Affordable Care Act provides for the reduction of cost sharing for 
certain individuals enrolled in a QHP through an Exchange, and section 
1412 of the Affordable Care Act provides for the advance payment of 
these reductions to issuers. The statute directs issuers to reduce cost 
sharing for essential health benefits for individuals with household 
incomes between 100 and 400 percent of the Federal poverty level (FPL) 
who are enrolled in a silver level QHP through an individual market 
Exchange and are eligible for advance payments of the premium tax 
credit. Health insurance issuers will manually enter enrollment and 
payment data into a Microsoft Excel-based spreadsheet, and submit the 
information to HHS.
    The data collection will be used by HHS to make payments or collect 
charges from issuers under the following programs: Advance payments of 
the premium tax credit, advanced cost-sharing reductions, and 
Marketplace user fees. HHS will use the information collected to make 
payments and collect charges in January 2014 and for a number of months 
thereafter, as may be required based on HHS's operational progress. 
Form Number: CMS-10515 (OMB control number: 0938-1217); Frequency: 
Monthly; Affected Public: Private sector (Business or other for-profits 
and not-for-profit institutions); Number of Respondents: 575; Total 
Annual Responses: 7,475; Total Annual Hours: 94,373. (For policy 
questions regarding this collection contact Jaya Ghildiyal at 301-492-
5149).

    Dated: August 21, 2014.
Martique Jones,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. 2014-20255 Filed 8-25-14; 8:45 am]
BILLING CODE 4120-01-P
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