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[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34390-34392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13577]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10309, CMS-10475, CMS-R-5 and CMS-R-234]

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

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

[[Page 34391]]

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 July 8, 2013.

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) 395-6974 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: Reinstatement with 
change of a previously approved collection. Title of Information 
Collection: Grandfathering Provisions of the Medicare DMEPOS 
Competitive Bidding Program. Use: Section 1847(a)(4) of the Social 
Security Act (the Act) requires (in the case of covered durable medical 
equipment (DME) items for which payment is made on a rental basis under 
section 1834(a) of the Act and in the case of oxygen for which payment 
is made under section 1834(a)(5) of the Act) that the Secretary will 
establish a grandfathering process by which covered items and supplies 
that were rented by suppliers before the implementation of a 
competitive bidding program may be continued.
    We established the grandfathering process in the April 10, 2007 
final rule for competitive bidding (72 FR 17992) for rented DME and 
oxygen and oxygen equipment when these items are included under the 
Medicare DMEPOS Competitive Bidding Program. This process only applies 
to suppliers that rented DME and oxygen and oxygen equipment to 
beneficiaries who maintain a permanent residence in a competitive 
bidding area (CBA) before the implementation of the competitive bidding 
program.
    The competitive bidding program will require some beneficiaries to 
change their suppliers. To avoid a beneficiary being without medically 
necessary equipment we believe it is necessary to establish this 
notification process. The notification to the beneficiaries is a 
beneficiary protection that will keep them informed of whether or not 
they can continue to rent an item from their current supplier or go to 
a contract supplier. The notification will also provide information to 
the beneficiary as to how to find a contract supplier in their CBA. In 
the event that the beneficiary must go to a contract supplier, the 
notification will identify the procedure for the pick-up of their 
current equipment and delivery of new equipment. Form Number: CMS-10309 
(OCN: 0938-1079). Frequency: Once; Affected Public: Private sector 
(business or other for-profits); Number of Respondents: 2,697; Total 
Annual Responses: 536,667; Total Annual Hours: 65. (For policy 
questions regarding this collection contact Michael Keane at 410-786-
4495. For all other issues call 410-786-1326.)
    2. Type of Information Collection Request: New collection (request 
for a new OMB control number). Title of Information Collection: Hospice 
Experience of Care Survey; Use: This survey supports the National 
Quality Strategy that was called for under the Affordable Care Act to 
create national aims and priorities to guide local, state, and national 
efforts to improve the quality of health care. This strategy has 
established six priorities that support a three-part aim focusing on 
better care, better health, and lower costs through improvement. 
Because the hospice survey focuses on experiences of care, 
implementation of the survey supports the following national priorities 
for improving care: Engaging patients and families in care and 
promoting effective communication and coordination. In addition, upon 
national implementation and public reporting of hospice survey results, 
the survey will provide data on experiences with hospice care that 
enable consumers to make meaningful comparisons between hospices across 
the nation. Form Number: CMS-10475 (OCN: 0938-New); Frequency: Once; 
Affected Public: Individuals and households; Number of Respondents: 
730; Total Annual Responses: 730. Total Annual Hours: 185. (For policy 
questions regarding this collection contact Lori Teichman at 410-786-
6684. 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: Physician Certification/Recertification in Skilled Nursing 
Facilities (SNFs) Manual Instructions and Supporting Regulation in 42 
CFR 424.20; Use: The Medicare program requires, as a condition for 
Medicare Part A payment for post-hospital SNF services that a physician 
must certify and periodically recertify that a beneficiary requires a 
SNF level of care. The physician certification and recertification is 
intended to ensure that the beneficiary's need for services has been 
established and then reviewed and updated at appropriate intervals. The 
documentation is a condition for Medicare Part A payment for post-
hospital SNF care. Form Number: CMS-R-5 (OCN: 0938-0454). Frequency:

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Occasionally; Affected Public: Private sector (business or other for-
profit and not-for-profit institutions); Number of Respondents: 
1,796,502; Total Annual Responses: 1,796,502; Total Annual Hours: 
559,713. (For policy questions regarding this collection contact Kia 
Sidbury at 410-786-7816. For all other issues call 410-786-1326.)
    4. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Subpart D--Private Contracts and Supporting Regulations Contained in 42 
CFR 405.410, 405.430, 405.435, 405.440, 405.445, and 405.455. Use: 
Section 4507 of Balancing Budget Act (BBA) 1997 amended section 1802 of 
the Social Security Act to permit certain physicians and practitioners 
to opt-out of Medicare and to provide (through private contracts) 
services that would otherwise be covered by Medicare. Under such 
contracts the mandatory claims submission and limiting charge rules of 
section 1848(g) of the Act would not apply. Subpart D and the 
supporting regulations counters the effect of certain provisions of 
Medicare law that, absent section 4507 of BBA 1997, preclude physicians 
and practitioners from contracting privately with Medicare 
beneficiaries to pay without regard to Medicare limits. Physicians and/
or practitioners use these information collection requirements to 
comply with the law. In addition, Medicare carriers use this 
information to determine if benefits should be paid or continued. Form 
Number: CMS-R-234 (OCN 0938-0730); Frequency: Biennially; Affected 
Public: Private sector (business or other for-profits); Number of 
Respondents: 26,820. Total Annual Responses: 26,820. Total Annual 
Hours: 7,197. (For policy questions regarding this collection contact 
Fred Grabau at 410-786-0206. For all other issues call 410-786-1326.)

    Dated: June 4, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2013-13577 Filed 6-6-13; 8:45 am]
BILLING CODE 4120-01-P
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