11126 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 

ESTIMATED ANNUALIZED BURDEN HOURS—Continued 

Type of respondent Form name Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Total burden 

hours 

Focus group ..................................... 72 1 90/60 108 

Phase II: Web Survey 

Women (age 18–40) ......................... Participant screener ......................... 3,000 1 5/60 250 

Web Survey ...................................... 500 1 15/60 125 

Total ........................................... ........................................................... ........................ ........................ ........................ 531 

Kimberly S. Lane, 

Reports Clearance Officer, Centers for Disease 

Control and Prevention. 

[FR Doc. 2012–4380 Filed 2–23–12; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[60 Day-12–0210] 

Proposed Data Collections Submitted 

for Public Comment and 

Recommendations 

In compliance with the requirement 

of Section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995 for 

opportunity for public comment on 

proposed data collection projects, the 

Centers for Disease Control and 

Prevention (CDC) will publish periodic 

summaries of proposed projects. To 

request more information on the 

proposed projects or to obtain a copy of 

the data collection plans and 

instruments, call 404–639–7570 or send 

comments to Kimberly Lane, CDC 

Reports Clearance Officer, 1600 Clifton 

Road, MS D–74, Atlanta, GA 30333 or 

send an email to omb@cdc.gov. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. Written comments should 

be received within 60 days of this 

notice. 

Proposed Project 

List of Ingredients Added to Tobacco 

in the Manufacture of Cigarette 

Products—Extension—Office on 

Smoking and Health, National Center 

for Chronic Disease Prevention and 

Health Promotion (NCCDPHP), Centers 

for Disease Control and Prevention 

(CDC). 

Background and Brief Description 

Cigarette smoking is the leading 

preventable cause of premature death 

and disability in the United States. Each 

year, more than 440,000 premature 

deaths occur as the result of diseases 

related to cigarette smoking. The 

Centers for Disease Control and 

Prevention (CDC), Office on Smoking 

and Health (OSH) has the primary 

responsibility for the Department of 

Health and Human Services (HHS) 

smoking and health program. HHS’s 

overall goal is to reduce death and 

disability resulting from cigarette 

smoking and other forms of tobacco use 

through programs of information, 

education and research. 

The Comprehensive Smoking 

Education Act of 1984 (CSEA, 15 U.S.C. 

1336 or Pub. L. 98–474) requires each 

person who manufactures, packages, or 

imports cigarettes to provide the 

Secretary of Health and Human Services 

(HHS) with a list of ingredients added 

to tobacco in the manufacture of 

cigarettes. The legislation also 

authorizes HHS to undertake research, 

and to report to the Congress (as deemed 

appropriate) discussing the health 

effects of these ingredients. 

HHS has delegated responsibility for 

implementing the CSEA’s ingredient 

reporting requirements to CDC’s Office 

on Smoking and Health (OSH). OSH has 

collected ingredient reports on cigarette 

products since 1986. Respondents are 

commercial cigarette manufacturers, 

packagers, or importers, or their 

designated representatives. Respondents 

are not required to submit specific 

forms, however, they are required to 

submit a list of all ingredients used in 

their products. CDC requires the 

ingredient report to be submitted by 

chemical name and Chemical Abstract 

Service (CAS) Registration Number, 

consistent with accepted reporting 

practices for other companies currently 

required to report ingredients added to 

other consumer products. Typically, 

respondents submit a summary report to 

CDC with the ingredient information for 

multiple products, or a statement that 

there are no changes to their previously 

submitted ingredient report. The 

estimated burden per response is 6.5 

hours. 

Ingredient reports for new products 

are due at the time of first importation. 

Thereafter, ingredient reports are due 

annually on March 31. Information is 

submitted to OSH by mailing a written 

report on the respondent’s letterhead, by 

CD, three-inch floppy disk, or thumb 

drive. Electronic mail submissions are 

not accepted. Upon receipt and 

verification of the annual ingredient 

report, OSH issues a Certificate of 

Compliance to the respondent. 

There are no costs to respondents 

other than their time. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 11127 

ESTIMATED ANNUALIZED BURDEN HOURS

Type of respondents Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Total burden 

(in hours) 

Cigarette Manufacturers, Packagers, and Importers ....................................... 77 1 6.5 501 

Kimberly Lane, 

Reports Clearance Officer, Centers for Disease 

Control and Prevention. 

[FR Doc. 2012–4373 Filed 2–23–12; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–6034–N] 

Medicaid Program; Announcement of 

Medicaid Recovery Audit Contractors 

(RACs) Contingency Fee Update 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice announces an 

increase to the maximum contingency 

fee, for which Federal financial 

participation (FFP) will be available, 

that may be paid to Medicaid Recovery 

Audit Contractors (RAC) by State 

Medicaid programs as authorized by 

section 1902(a)(42)(B) of the Social 

Security Act (the Act), as amended by 

the Affordable Care Act, requiring States 

to establish Medicaid RAC programs. In 

the September 16, 2011 Federal Register 

(76 FR 57808), we published a final rule 

that ties the Medicaid RAC contingency 

fee to the Medicare Recovery Audit 

Program with an opportunity for the 

States to request an exception to exceed 

the highest fee paid to a Medicare 

Recovery Auditor. Further, we indicated 

in the final rule that we would make 

States aware of any modifications to the 

payment methodology for contingency 

fee rates and Medicaid RAC maximum 

contingency fee rates by publishing a 

notice in the Federal Register. 

Therefore, this notice will inform States 

that Medicare has increased the 

maximum contingency fee paid to 

Recovery Auditors by 5 percent for the 

recovery of overpayments only for 

durable medical equipment claims 

(DME). 

DATES: Effective Date: This notice is 

effective on March 26, 2012. 

FOR FURTHER INFORMATION CONTACT: Lori 

Bellan, (410) 786–2048; or Joanne Davis, 

(410) 786–5127. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the September 16, 2011 Federal 

Register (76 FR 57808), we published a 

final rule entitled: ‘‘Medicaid Program; 

Recovery Audit Contractors.’’ This final 

rule finalized provisions related to the 

implementation of a Medicaid Recovery 

Audit Contractor (RAC) program and 

provided guidance to States related to 

Federal/State funding of State start-up, 

operation and maintenance costs of 

Medicaid RACs and the payment 

methodology for State payments to 

Medicaid RACs. In particular, and as 

stated in 42 CFR 455.510(b), States must 

determine the contingency fee rate to be 

paid to Medicaid RACs for the 

identification and recovery of Medicaid 

provider overpayments. We also 

indicated at 42 CFR 455.510(b)(4): 

[T]he contingency fee may not exceed that of 

the highest Medicare RAC, as specified by 

CMS in the Federal Register, unless the State 

submits, and CMS approves, a waiver of the 

specified maximum rate. If a State does not 

obtain a waiver of the specified maximum 

rate, any amount exceeding the specified 

maximum rate is not eligible for FFP, either 

from the collected overpayment amounts, or 

in the form of any other administrative or 

medical assistance claimed expenditure. 

The September 16, 2011 final rule 

contains additional information about 

the process States must follow to obtain 

an exception to the specified maximum 

rate. 

II. Provisions of the Notice 

In the final rule at 42 CFR 

455.510(b)(4), we stated that the 

contingency fee paid to the Medicaid 

RAC may not exceed that of the highest 

fee paid to a Medicare Recovery 

Auditor, unless the State submits, and 

CMS approves, an exception to the 

specified maximum rate, as specified in 

the Federal Register. 

On June 1, 2011, we increased the 

contingency fee by 5 percent for the 

recovery of overpayments associated 

with DME claims that were identified by 

the Medicare Recovery Auditors. 

Therefore, the modification increases 

the maximum contingency fee paid to a 

Medicare Recovery Auditor to 17.5 

percent for DME claims only. As a result 

of this modification, we now authorize 

States to pay their respective Medicaid 

RACs a contingency fee up to 17.5 

percent of the recovered overpayment, 

the current highest contingency fee paid 

to Medicare Recovery Auditors, for the 

recovery of improper payments made 

for medical supplies, equipment and 

appliances suitable for use in the home 

found within the Medicaid home health 

services benefit authorized by section 

1905(a)(7) of the Act. We note that this 

increase in the maximum fee for which 

FFP is available for payments to 

Medicaid RACs applies only to fees paid 

for the recovery of improper payments 

of this subset of claims. The current 

highest contingency fee paid to 

Medicare Recovery Auditors for the 

recovery of improper payments made on 

all other types of claims remains the 

same at 12.5 percent; thus, the 

maximum fee that may be paid to 

Medicaid RACs for the recovery of 

improper payments on other types of 

claims similarly remains at 12.5 percent. 

This policy is consistent with section 

1902(a)(42)(B) of the Act, which 

requires States to contract with 

Medicaid RACs ‘‘in the same manner as 

the Secretary enters into contracts’’ with 

the Medicare Recovery Auditors. The 

policy is also consistent with guidance 

provided in the final rule which aligns 

the Medicare Recovery Audit Program 

and Medicaid RAC program, to the 

extent possible. 

III. Collection of Information 

Requirements 

This notice does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 35). However, it does reference 

previously approved information 

collections. As stated in section I of this 

notice, States must submit justifications 

to CMS to receive an exception to pay 

Medicaid RACs a contingency fee that 

exceeds the highest fee paid to a 

Medicare Recovery Auditor. 

Authority: Catalog of Federal Domestic 

Assistance Program No. 93.778, Medical 

Assistance Program. 


srobinson on DSK4SPTVN1PROD with NOTICES