[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2622-2623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00657]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10450, CMS-10652 and CMS-10540]


Agency Information Collection Activities: Submission for OMB 
Review; 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 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 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 on the collection(s) of information must be received by 
the OMB desk officer by February 15, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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 Parham at (410) 786-4669.

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 Information Collection; Title of Information Collection: 
Consumer Assessment of Healthcare Providers and Systems (CAHPS) Survey 
for Merit-based Incentive Payment Systems (MIPS); Use: The CAHPS for 
MIPS survey is used in the Quality Payment Program (QPP) to collect 
data on fee-for-service Medicare beneficiaries' experiences of care 
with eligible clinicians participating in MIPS and is designed to 
gather only the necessary data that CMS needs for assessing physician 
quality performance, and related public reporting on physician 
performance, and should complement other data collection efforts. The 
survey consists of the core Agency for Healthcare Research and Quality 
(AHRQ) CAHPS Clinician & Group Survey, version 3.0, plus additional 
survey questions to meet CMS's information and program needs. The 
survey information is used for quality reporting, the compare tool on 
the Medicare.gov website, and annual statistical experience reports 
describing MIPS data for all MIPS eligible clinicians.
    This 2024 information collection request addresses the requirements 
related to the statutorily required quality measurement. The CAHPS for 
MIPS survey results in burden to three different types of entities: 
groups, virtual groups, and subgroups; vendors; and beneficiaries 
associated with administering the survey. Virtual groups are subject to 
the same requirements as groups and subgroups; therefore, we will refer 
only to ``groups'' as an inclusive term for all entities unless 
otherwise noted. Form Number: CMS-10450 (OMB control number: 0938-
1222); Frequency: Yearly; Affected Public: Business or other for-
profits and Not-for-profit institutions and Individuals and Households; 
Number of Respondents: 25,536; Total Annual Responses: 25,536; Total 
Annual Hours: 5,867 (For policy questions regarding this collection 
contact Renee Oneill at 410-786-8821.)
    2. Type of Information Collection Request: Extension of currently 
approved Information Collection; Title of Information Collection: 
Virtual Groups for Merit-Based Incentive Payment System (MIPS); Use: 
Section 1848(q)(5)(I)(ii) of the 2018 Quality Payment Program final 
rule establishes that a process must be in place to allow an individual 
MIPS eligible clinician or group consisting of not more than 10 MIPS 
eligible clinicians to elect, with respect to a performance period for 
a year, to be in a virtual group with at least one other such 
individual MIPS eligible clinician or group. Section 1848(q)(5)(I)(iii) 
of the Act establishes the following requirements that pertain to an 
election process: (1) individual eligible clinicians and groups forming 
virtual groups are required to make the election prior to the start of 
the applicable performance period under MIPS and cannot change their 
election during the performance period; (2) an individual eligible 
clinician or group may elect to be in no more than one virtual group 
for a performance period and in the case of the group electing to be in 
a virtual group for the performance period, the election applies to all 
eligible clinicians in the group; (3) a virtual group is a combination 
of TINs; (4) formal written agreements are required among the eligible 
clinicians (includes individual eligible clinicians and eligible 
clinicians within the groups) electing to be a virtual group; and (5) 
the Secretary has the authority to include other requirements 
determined appropriate.
    Section 1848(q)(5)(I)(i) of the Act also provides that MIPS 
eligible clinicians electing to be a virtual group must: (1) have their 
performance assessed for the

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quality and cost performance categories in a manner that applies the 
combined performance of all the MIPS eligible clinicians in the virtual 
group to each MIPS eligible clinician in the virtual group for the 
applicable performance period; and (2) be scored for the quality and 
cost performance categories based on such assessment. Form Number: CMS-
10652 (OMB control number: 0938-1343); Frequency: Yearly; Affected 
Public: Individuals and Households, Private Sector, Business or other 
for-profits and Not-for-profit institutions; Number of Respondents: 16; 
Total Annual Responses: 16; Total Annual Hours: 160 (For policy 
questions regarding this collection contact Renee O'Neill at 410-786-
8821.)
    3. Type of Information Collection Request: Revision of a currently 
approved collection. Title of Information Collection: Quality 
Improvement Strategy Implementation Plan, Progress Report, and 
Modification Summary Supplement Forms. Use: Section 1311(c)(1)(E) of 
the Affordable Care Act requires qualified health plans (QHPs) offered 
through an Exchange must implement a quality improvement strategy (QIS) 
as described in section 1311(g)(1). Section 1311(g)(3) of the 
Affordable Care Act specifies the guidelines under Section 1311(g)(2) 
shall require the periodic reporting to the applicable Exchange the 
activities that a qualified health plan has conducted to implement a 
strategy as described in section 1311(g)(1). CMS intends to have QHP 
issuers complete the appropriate QIS forms annually for implementation 
and progress reporting of their quality improvement strategies. The QIS 
forms will include topics to assess an issuer's compliance in creating 
a payment structure that provides increased reimbursement or other 
incentives to improve the health outcomes of plan enrollees, prevent 
hospital readmissions, improve patient safety and reduce medical 
errors, promote wellness and health, and reduce health and health care 
disparities, as described in Section 1311(g)(1) of the Affordable Care 
Act.
    The QIS forms will allow: (1) the Department of Health & Human 
Services (HHS) to evaluate the compliance and adequacy of QHP issuers' 
quality improvement efforts, as required by Section 1311(c) of the 
Affordable Care Act, and (2) HHS will use the issuers' validated 
information to evaluate the issuers' quality improvement strategies for 
compliance with the requirements of Section 1311(g) of the Affordable 
Care Act. Form Number: CMS-10540 (OMB control number: 0938-1286); 
Frequency: Annually; Affected Public: Public sector (Individuals and 
Households), Private sector (Business or other for-profits and not-for-
profit institutions); Number of Respondents: 250; Total Annual 
Responses: 250; Annual Hours: 4,933. (For policy questions regarding 
this collection, contact Preeti Hans at 301-492-1444).

    Dated: January 10, 2024.
William N. Parham, III
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-00657 Filed 1-12-24; 8:45 am]
BILLING CODE 4120-01-P