[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83946-83947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26449]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10500 and CMS-10340]


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 (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 30, 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-10500 National Implementation of the Outpatient and Ambulatory 
Surgery Consumer Assessment of Healthcare Providers and Systems (OAS 
CAHPS) Survey
CMS-10340 Collection of Encounter Data from MA Organizations, Section 
1876 Cost HMOs/CMPs, MMPs, and PACE Organizations

    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 without change 
of the previously approved collection; Title of Information Collection: 
National Implementation of the Outpatient and Ambulatory Surgery 
Consumer Assessment of Healthcare Providers and Systems (OAS CAHPS) 
Survey; Use: As documented in the CY 2022 OPPS/ASC Final Rule (86 FR 
63863 through 63866), OAS CAHPS Survey data will be linked to 
reimbursement beginning with CY

[[Page 83947]]

2024 for HOPDs and CY 2025 for ASCs. ASCs will continue with voluntary 
implementation of the OAS CAHPS Survey throughout CY 2024.
    HOPDs and ASCs contract with a CMS-approved, independent third-
party survey vendor to implement the survey on their behalf and to 
submit the OAS CAHPS data to CMS. CMS publicly reports comparative 
results from OAS CAHPS after each facility has conducted data 
collection for 4 quarters. Data from OAS CAHPS enable consumers to make 
more informed decisions when choosing an outpatient surgery facility, 
aid facilities in their quality improvement efforts, and help CMS 
monitor the performance of outpatient surgery facilities. Considering 
the increasing Medicare expenditures for outpatient surgical services 
from HOPDs and ASCs, the implementation of OAS CAHPS provides CMS with 
much-needed statistically valid data from the patient perspective to 
inform quality improvement and comparative consumer information about 
specific facilities. The information collected in the OAS CAHPS survey 
will be used for the following purposes:
    <bullet> To provide a source of information from which patient 
experience of care measures can be publicly reported to beneficiaries 
to help them make informed decisions for outpatient surgery facility 
selection;
    <bullet> To aid facilities with their internal quality improvement 
efforts and external benchmarking with other facilities; and
    <bullet> To provide CMS with information for monitoring and public 
reporting purposes.
    Form Number: CMS-10500 (OMB control number: 0938-1240); Frequency: 
Once; Affected Public: Business or other for-profits and Not-for-
profits institutions; Number of Respondents: 2,534,643; Total Annual 
Responses: 2,534,643; Total Annual Hours: 614,976. (For policy 
questions regarding this collection contact Memuna Ifedirah at 410-786-
6849).
    2. Type of Information Collection Request: Revision with change of 
the previously approved collection; Title of Information Collection: 
Collection of Encounter Data from MA Organizations, Section 1876 Cost 
HMOs/CMPs, MMPs, and PACE Organizations; Use: Section 1853(a)(3)(B) of 
the Act directs CMS to require MA organizations and eligible 
organizations with risk-sharing contracts under 1876 to ``submit data 
regarding inpatient hospital services ... and data regarding other 
services and other information as the Secretary deems necessary'' in 
order to implement a methodology for ``risk adjusting'' payments made 
to MA organizations and other entities. Risk adjustments to enrollee 
monthly payments are made in order to take into account ``variations in 
per capita costs based on [the] health status'' of the Medicare 
beneficiaries enrolled in an MA plan.
    CMS uses encounter data to develop individual risk scores for risk 
adjusted payment to MA organizations, PACE organizations, and MMPs. 
Starting with Payment Year (PY) 2016, CMS began to blend risk scores 
calculated with Risk Adjustment Processing Data and Medicare Fee- For-
Service (FFS) data with risk scores calculated with encounter data and 
FFS data, for risk scores calculated under both the CMS-HCC and the 
RxHCC models. In PY 2022, we will move to calculating risk scores under 
both the CMS-HCC and the RxHCC models using 100 percent of the risk 
score calculated using encounter data and FFS data.
    All organizations required to submit encounter data use an 
electronic connection between the organization and CMS to submit 
encounter data and to receive information in return. CMS collects the 
data from MA organizations, 1876 Cost Plans, MMPs and PACE 
organizations in the X12N 837 5010 format for professional, DME, and 
institutional, and dental services or items provided to MA enrollees. 
Form Number: CMS-10340 (OMB control number: 0938-1152); Frequency: 
Daily; Affected Public: Private Sector, Business or other for-profits 
and Not-for-profits institutions; Number of Respondents: 284; Total 
Annual Responses: 1,467,645,179; Total Annual Hours: 48,936,279. (For 
policy questions regarding this collection contact Raymond Mierwald at 
410 446-5449).

    Dated: November 28, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-26449 Filed 11-30-23; 8:45 am]
BILLING CODE 4120-01-P