[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88782-88783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26018]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10914, CMS-10237 and CMS-10631]


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 December 9, 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: Revision of a currently 
approved information collection; Title of Information Collection: 
Reform of Long-Term Care Facilities Requirements for Respiratory 
Illness Reporting; Use: Sections 1818 and 1919 of the Act (42 U.S.C. 
1395i-3 and 42 U.S.C. 1396r, respectively) specify certain requirements 
that a LTC facility must meet to participate in the Medicare and 
Medicaid programs. In particular, sections 1819(d)(4)(B) and 
1919(d)(4)(B) require that a SNF or NF must meet such other 
requirements relating to the health, safety, and well-being of 
residents or relating to the physical facilities thereof as the 
Secretary many find necessary.
    Under the authority of sections 1819, 1919, 1128I (b) and (c), and 
1150B of the Act, the Secretary proposes to establish in regulation the 
requirements that an LTC facility must meet to participate in the 
Medicare and Medicaid programs. We are revising the information 
collection requirements for the proposed respiratory illness reporting 
that would replace the current requirement on COVID-19 reporting at 
Sec.  483.80(g) based on the proposed rule, Medicare Program; Calendar 
Year (CY) 2025 Home Health Prospective Payment System (HH PPS) Rate 
Update; HH Quality Reporting Program Requirements; HH Value-Based 
Purchasing Expanded Model Requirements; Home Intravenous Immune 
Globulin (IVIG) Items and Services Rate Update; and Other Medicare 
Policies (July 2, 2024/89 FR 55312). In this proposed rule, we revised 
the LTC requirements for COVID-19 reporting to establish a new 
requirement for respiratory illness reporting that includes COVID-19, 
RSV, and influenza. The title, OMB Control Number, and CMS 
identification number for this 30-day notice has been revised. The 60-
day FR Notice (89 FR 67442) was inadvertently published with collection 
identifiers associated with the PRA request which accounts for all of 
the Requirements for Long-term Care Facilities collections of 
information (COIs) (CMS-10573/OMB 0938-1363). Since this information 
collection only addresses the COIs for Sec.  483.80(g) Respiratory 
Illness Reporting, this Federal Register Notice and the related PRA 
package have been assigned newly issued identification numbers, 
specifically OMB Control Number 0938-NEW and CMS-10914. Form Number: 
CMS-10914 (OMB control number: 0938-NEW); Frequency: Occasionally; 
Affected Public: Private Sector, Business or other for-profits, Not-
for-profits; Number of Respondents: 14,926; Number of Responses: 
14,926; Total Annual Hours: 6,253,995. (For policy questions regarding 
this collection contact Diane Corning at 410-786-8486).
    2. Type of Information Collection Request: Revision of a currently 
approved information collection; Title

[[Page 88783]]

of Information Collection: Applications for Part C Medicare Advantage, 
1876 Cost Plans, and Employer Group Waiver Plans to Provide Part C 
Benefits; Use: Collection of this information is mandated by the Code 
of Federal Regulations, MMA, and CMS regulations at 42 CFR part 422, 
subpart K, in ``Application Procedures and Contracts for Medicare 
Advantage Organizations.'' In addition, the Medicare Improvement for 
Patients and Providers Act of 2008 (MIPPA) further amended titles XVII 
and XIX of the Social Security Act.
    This information collection includes the process for organizations 
wishing to provide healthcare services under MA plans. These 
organizations must complete an application annually (if required), file 
a bid, and receive final approval from CMS. The MA application process 
has two options for applicants that include (1) request for new MA 
product or (2) request for expanding the service area of an existing 
product. CMS utilizes the application process as the means to review, 
assess and determine if applicants are compliant with the current 
requirements for participation in the MA program and to make a decision 
related to contract award. This collection process is the only 
mechanism for organizations to complete the required MA application 
process. Form Number: CMS-10237 (OMB control number: 0938-0935); 
Frequency: Yearly; Affected Public: Private Sector, Business or other 
for-profits, not for-profits and Federal Government; Number of 
Respondents: 500; Number of Responses: 500; Total Annual Hours: 9,173. 
(For policy questions regarding this collection contact Jackie Ford at 
410-786-7767 or <a href="/cdn-cgi/l/email-protection#e6ac87859793838a8f8883c8a0899482a6858b95c88e8e95c8818990"><span class="__cf_email__" data-cfemail="93d9f2f0e2e6f6fffafdf6bdd5fce1f7d3f0fee0bdfbfbe0bdf4fce5">[email protected]</span></a>).
    3. Type of Information Collection Request: Revision of an approved 
information collection; Title of Information Collection: The PACE 
Organization Application Process in 42 CFR part 460; Use: The Programs 
of All-Inclusive Care for the Elderly (PACE) consist of pre-paid, 
capitated plans that provide comprehensive health care services to 
frail, older adults in the community who are eligible for nursing home 
care according to state standards. PACE organizations (PO) must provide 
all Medicare and Medicaid covered services; financing of this model is 
accomplished through prospective capitation of both Medicare and 
Medicaid payments. Upon approval of a PACE application, CMS executes a 
3-way program agreement with the applicant entity and the applicable 
State Administering Agency (SAA). CMS regulations at 42 CFR 
460.98(b)(2) require a PO to provide PACE services in at least the PACE 
center, the home, and inpatient facilities. The PACE center is the 
focal point for the delivery of PACE services; the center is where the 
interdisciplinary team (IDT) is located, services are provided, and 
socialization occurs with staff that is consistent and familiar to 
participants.
    Collection of this information is mandated by statute under 
sections 1894(f) and 1934(f) of the Act and at 42 CFR part 460, subpart 
B, which addresses the PO application and waiver process. In general, 
PACE services are provided through a PO. An entity wishing to become a 
PO must submit an application to CMS that describes how the entity 
meets all the requirements in the PACE program. An entity's application 
must be accompanied by an assurance from the SAA of the State in which 
the PO wishes to operate its PACE program. CMS accepts applications on 
a designated date four times per year (i.e., on a quarterly basis, 
generally the last Friday of March, June, September and December). Form 
Number: CMS-10631 (OMB control number: 0938-1326); Frequency: 
Occasionally; Affected Public: Private Sector, Business or other for-
profits, not for-profits and Federal Government State, Local; Number of 
Respondents: 72; Number of Responses: 109; Total Annual Hours: 7,271. 
(For policy questions regarding this collection contact Jackie Ford at 
410-786-7767 or <a href="/cdn-cgi/l/email-protection#a3e9c2c0d2d6c6cfcacdc68de5ccd1c7e3c0ced08dcbcbd08dc4ccd5"><span class="__cf_email__" data-cfemail="3973585a484c5c5550575c177f564b5d795a544a1751514a175e564f">[email protected]</span></a>).

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-26018 Filed 11-7-24; 8:45 am]
BILLING CODE 4120-01-P


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