Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices 17093 

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’ website address at 

website address at https://www.cms.gov/ 

Regulations-and-Guidance/Legislation/ 

PaperworkReductionActof1995/PRAListing. 

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–10507 State-based Exchange 

Annual Report Tool (SMART) 

CMS–10105 National Implementation 

of the In-Center Hemodialysis CAHPS 

Survey 

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: Revision of a currently 

approved collection; Title of 

Information Collection: State-based 

Exchange Annual Report Tool 

(SMART); Use: The annual report is the 

primary vehicle to insure 

comprehensive compliance with all 

reporting requirements contained in the 

Affordable Care Act (ACA). It is 

specifically called for in Section 

1313(a)(1) of the Act which requires a 

State Based Exchange (including an 

Exchange using the Federal Platform) to 

keep an accurate accounting of all 

activities, receipts, and expenditures, 

and to submit a report annually to the 

Secretary concerning such accounting. 

CMS will use the information collected 

from States to assist in determining if a 

State is maintaining a compliant 

operational Exchange. Form Number: 

CMS–10507 (OMB control number: 

0938–1244); Frequency: Annually; 

Affected Public: State, Local, or Tribal 

governments; Number of Respondents: 

21; Total Annual Responses: 21; Total 

Annual Hours: 4,281. (For policy 

questions regarding this collection 

contact Shilpa Gogna at 301–492–4257.) 

2. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: National 

Implementation of the In-Center 

Hemodialysis CAHPS Survey; Use: The 

national implementation of the ICH 

CAHPS Survey is designed to allow 

third-party, CMS-approved survey 

vendors to administer the ICH CAHPS 

Survey using mail-only, telephone-only, 

or mixed (mail with telephone followup) modes of survey administration. 

Experience from previous CAHPS 

surveys shows that mail, telephone, and 

mail with telephone follow-up data 

collection modes work well for 

respondents, vendors, and health care 

providers. Any additional forms of 

information technology, such as web 

surveys, is under investigation as a 

potential survey option in this 

population. 

Data collected in the national 

implementation of the ICH CAHPS 

Survey are used for the following 

purposes: 

• To provide a source of information 

from which selected measures can be 

publicly reported to beneficiaries as a 

decision aid for dialysis facility 

selection. 

• To aid facilities with their internal 

quality improvement efforts and 

external benchmarking with other 

facilities. 

• To provide CMS with information 

for monitoring and public reporting 

purposes. 

• To support the ESRD Quality 

Improvement Program. 

Form Number: CMS–10105 (OMB 

control number: 0938–0926); Frequency: 

Semi Annually; Affected Public: 

Individuals and Households; Number of 

Respondents: 103,500; Total Annual 

Responses: 621,000; Total Annual 

Hours: 55,890. (For policy questions 

regarding this collection contact Israel 

H. Cross at 410–786–0619.) 

Dated: March 22, 2022. 

William N. Parham, III, 

Director, Paperwork Reduction Staff, Office 

of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 2022–06341 Filed 3–24–22; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

[OMHA–2201–N] 

Medicare Program; Administrative Law 

Judge Hearing Program for Medicare 

Claim and Entitlement Appeals; 

Quarterly Listing of Program 

Issuances—October Through 

December 2021 

AGENCY: Office of Medicare Hearings 

and Appeals (OMHA), HHS. 

ACTION: Notice. 

SUMMARY: This quarterly notice lists the 

OMHA Case Processing Manual (OCPM) 

instructions that were published from 

October through December 2021. This 

manual standardizes the day-to-day 

procedures for carrying out adjudicative 

functions, in accordance with 

applicable statutes, regulations, and 

OMHA directives, and gives OMHA 

staff direction for processing appeals at 

the OMHA level of adjudication. 

FOR FURTHER INFORMATION CONTACT: Jon 

Dorman, by telephone at (571) 457– 

7220, or by email at jon.dorman@

hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Office of Medicare Hearings and 

Appeals (OMHA), a staff division within 

the Office of the Secretary within the 

U.S. Department of Health and Human 

Services (HHS), administers the 

nationwide Administrative Law Judge 

hearing program for Medicare claim; 

organization, coverage, and at-risk 

determination; and entitlement appeals 

under sections 1869, 1155, 

1876(c)(5)(B), 1852(g)(5), and 1860D– 

4(h) of the Social Security Act (the Act). 

OMHA ensures that Medicare 

beneficiaries and the providers and 

suppliers that furnish items or services 

to Medicare beneficiaries, as well as 

Medicare Advantage organizations 

(MAOs), Medicaid State agencies, and 

applicable plans, have a fair and 

impartial forum to address 

disagreements with Medicare coverage 

and payment determinations made by 

Medicare contractors, MAOs, or Part D 

plan sponsors (PDPSs), and 

determinations related to Medicare 

eligibility and entitlement, Part B late 


lotter on DSK11XQN23PROD with NOTICES1
17094 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices 

enrollment penalty, and income-related 

monthly adjustment amounts (IRMAA) 

made by the Social Security 

Administration (SSA). 

The Medicare claim, organization 

determination, coverage determination, 

and at-risk determination appeals 

processes consist of four levels of 

administrative review, and a fifth level 

of review with the Federal district 

courts after administrative remedies 

under HHS regulations have been 

exhausted. The first two levels of review 

are administered by the Centers for 

Medicare & Medicaid Services (CMS) 

and conducted by Medicare contractors 

for claim appeals, by MAOs and an 

Independent Review Entity (IRE) for 

Part C organization determination 

appeals, or by PDPSs and an IRE for Part 

D coverage determination and at-risk 

determination appeals. The third level 

of review is administered by OMHA and 

conducted by Administrative Law 

Judges and attorney adjudicators. The 

fourth level of review is administered by 

the HHS Departmental Appeals Board 

(DAB) and conducted by the Medicare 

Appeals Council (Council). In addition, 

OMHA and the DAB administer the 

second and third levels of appeal, 

respectively, for Medicare eligibility, 

entitlement, Part B late enrollment 

penalty, and IRMAA reconsiderations 

made by SSA; a fourth level of review 

with the Federal district courts is 

available after administrative remedies 

within SSA and HHS have been 

exhausted. 

Sections 1869, 1155, 1876(c)(5)(B), 

1852(g)(5), and 1860D–4(h) of the Act 

are implemented through the 

regulations at 42 CFR part 405 subparts 

I and J; part 417, subpart Q; part 422, 

subpart M; part 423, subparts M and U; 

and part 478, subpart B. As noted above, 

OMHA administers the nationwide 

Administrative Law Judge hearing 

program in accordance with these 

statutes and applicable regulations. To 

help ensure nationwide consistency in 

that effort, OMHA established a manual, 

the OCPM. Through the OCPM, the 

OMHA Chief Administrative Law Judge 

establishes the day-to-day procedures 

for carrying out adjudicative functions, 

in accordance with applicable statutes, 

regulations, and OMHA directives. The 

OCPM provides direction for processing 

appeals at the OMHA level of 

adjudication for Medicare Part A and B 

claims; Part C organization 

determinations; Part D coverage 

determinations and at-risk 

determinations; and SSA eligibility and 

entitlement, Part B late enrollment 

penalty, and IRMAA determinations. 

Section 1871(c) of the Act requires 

that the Secretary publish a list of all 

Medicare manual instructions, 

interpretive rules, statements of policy, 

and guidelines of general applicability 

not issued as regulations at least every 

three months in the Federal Register. 

II. Format for the Quarterly Issuance 

Notices 

This quarterly notice provides the 

specific updates to the OCPM that have 

occurred in the three-month period of 

October through December 2021. A 

hyperlink to the available chapters on 

the OMHA website is provided below. 

The OMHA website contains the most 

current, up-to-date chapters and 

revisions to chapters, and will be 

available earlier than we publish our 

quarterly notice. We believe the OMHA 

website provides more timely access to 

the current OCPM chapters for those 

involved in the Medicare claim; 

organization, coverage, and at-risk 

determination; and entitlement appeals 

processes. We also believe the website 

offers the public a more convenient tool 

for real time access to current OCPM 

provisions. In addition, OMHA has a 

listserv to which the public can 

subscribe to receive notification of 

certain updates to the OMHA website, 

including when new or revised OCPM 

chapters are posted. If accessing the 

OMHA website proves to be difficult, 

the contact person listed above can 

provide the information. 

III. How To Use the Notice 

This notice lists the OCPM chapters 

and subjects published during the 

quarter covered by the notice so the 

reader may determine whether any are 

of particular interest. The OCPM can be 

accessed at https://www.hhs.gov/about/ 

agencies/omha/the-appeals-process/ 

case-processing-manual/index.html. 

IV. OCPM Releases for October 

Through December 2021 

The OCPM is used by OMHA 

adjudicators and staff to administer the 

OMHA program. It offers day-to-day 

operating instructions, policies, and 

procedures based on statutes and 

regulations, and OMHA directives. 

The following is a list and description 

of OCPM provisions that were issued or 

revised in the three-month period of 

October through December 2021. This 

information is available on our website 

at https://www.hhs.gov/about/agencies/ 

omha/the-appeals-process/caseprocessing-manual/index.html. 

General OCPM Updates 

The Code of Federal Regulations 

(CFR) is the codification of the general 

and permanent rules published in the 

Federal Register by the executive 

departments and agencies of the Federal 

Government. The OCPM frequently cites 

to the governing regulations for the 

Medicare Program contained in the CFR. 

The OCPM provides hyperlinks to those 

regulation citations at the Electronic 

Code of Federal Regulations (eCFR) 

website, available at https://

www.ecfr.gov. 

In late summer 2021, the eCFR 

website underwent significant updates. 

These updates rendered many of the 

eCFR hyperlinks embedded in the 

OCPM inoperable. To reconcile the 

OCPM with these updates, OMHA made 

revisions to footnotes and citations in 

the following sections: 4.4.1.3, 5.2.1.2, 

5.4.1, 5.4.3, 7.1.1.1, 7.1.1.2, 7.1.4.1, 

7.2.1, 7.2.2, 7.3.1, 7.3.2, 7.3.4, 7.4.3, 

7.5.2, 7.5.4, 7.5.5, 7.5.6, 7.5.8, 7.5.9, 

10.5.2, 10.5.3, 10.7.10.1, 10.7.11, 

10.7.11.1, 10.7.11.2, 11.3.2, 11.4.5, 

17.1.4, 17.1.5.2, 17.1.5.4, 17.1.11.1, 

17.2.1, 20.1.4, 20.2.2, 20.4.3. 

OCPM Chapter 11: Procedural Review 

and Determinations—Section 11.3.2 

This chapter was initially released on 

May 24, 2019, and was included in a 

quarterly notice published in the July 

16, 2019 Federal Register (84 FR 

33956). Section 11.3 of this chapter 

describes the amount in controversy 

(AIC) that is the statutory threshold 

monetary amount that a party with 

standing to appeal must meet to be 

entitled to a hearing or review of a 

dismissal. 

CMS issues annual adjustments to the 

AIC threshold amounts for ALJ hearings 

and judicial review under the Medicare 

appeals process. This revision to OCPM 

11.3.2 updates the table in this section 

to reflect the AIC for the ten most recent 

calendar years. 

OCPM Chapter 16: Decisions—Section 

16.4.3 

This chapter was initially released on 

October 9, 2019, and was included in a 

quarterly notice published in the July 1, 

2020 Federal Register (85 FR 39571). 

Section 16.4.3 of this chapter describes 

when an adjudicator issues a stipulated 

decision. A stipulated decision may be 

issued when CMS, a CMS contractor, or 

a plan submits a written statement, or 

makes an oral statement at a hearing, 

indicating that an enrollee’s at-risk 

determination should be reversed, or 

that the items or services at issue should 

be covered or payment may be made, 

and agreeing to the amount of payment 

that the parties believe should be made, 

if the amount of payment is at issue. 

This revision updates footnote 15 in 

section 16.4.3 to reflect the revised 

regulation at 42 CFR 422.562(d)(3) that 

became effective on March 22, 2021 (86 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices 17095 

FR 6101), which provides that, ‘‘for the 

sole purpose of applying the regulations 

at § 405.1038(c) of this chapter, an MA 

organization is included in the 

definition of ‘‘contractors’’ as it relates 

to stipulated decisions.’’ 

OCPM Chapter 20: Post-Adjudication 

Actions—Sections 20.5.3, 20.6.4, 20.7.4, 

20.8.4, 20.9.2, 20.11.2 

This chapter was initially released on 

May 25, 2018, and was included in a 

quarterly notice published in the August 

7, 2018 Federal Register (83 FR 38700). 

Since the initial release, the OMHA 

Central Operations office relocated. This 

revision updates the Central Operations 

mailing address accordingly in sections 

20.5.3, 20.6.4, 20.7.4, 20.8.4, 20.9.2, and 

20.11.2. 

Karen W. Ames, 

Executive Director, Office of Medicare 

Hearings and Appeals. 

[FR Doc. 2022–06326 Filed 3–24–22; 8:45 am] 

BILLING CODE 4150–46–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Proposed Collection; 60-Day Comment 

Request; Hazardous Waste Worker 

Training—National Institute of 

Environmental Health Sciences 

(NIEHS) 

AGENCY: National Institutes of Health, 

HHS. 

ACTION: Notice. 

SUMMARY: In compliance with the 

requirement of the Paperwork 

Reduction Act of 1995 to provide 

opportunity for public comment on 

proposed data collection projects, the 

National Institute of Environmental 

Health Sciences (NIEHS) will publish 

periodic summaries of proposed 

projects to be submitted to the Office of 

Management and Budget (OMB) for 

review and approval. 

DATES: Comments regarding this 

information collection are best assured 

of having their full effect if received 

within 60 days of the date of this 

publication. 

FOR FURTHER INFORMATION CONTACT: To 

obtain a copy of the data collection 

plans and instruments, submit 

comments in writing, or request more 

information on the proposed project, 

contact: Sharon D. Beard, Director, 

Worker Training Program (WTP), 

Division of Extramural Research and 

Training (DERT), NIEHS, P.O. Box 

12233 MD: K3–14, Research Triangle 

Park, NC 27709 or call non-toll-free 

number 984–287–3237 or Email your 

request, including your address to: 

beard1@niehs.nih.gov. Formal requests 

for additional plans and instruments 

must be requested in writing. 

SUPPLEMENTARY INFORMATION: Section 

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

Reduction Act of 1995 requires: Written 

comments and/or suggestions from the 

public and affected agencies are invited 

to address one or more of the following 

points: (1) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

function of the agency, including 

whether the information will have 

practical utility; (2) The accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

Ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) Ways to minimizes 

the burden of the collection of 

information on those who are to 

respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

Proposed Collection Title: Hazardous 

Waste Worker Training Grantee Data 

Collection—42 CFR part 65, 0925–0348, 

Expiration Date 07/31/2022 REVISION, 

National Institute of Environmental 

Health Sciences (NIEHS), National 

Institutes of Health (NIH). 

Need and Use of Information 

Collection: The National Institute of 

Environmental Health Sciences (NIEHS) 

was given major responsibility for 

initiating a worker safety and health 

training program under section 126 of 

the Superfund Amendments and 

Reauthorization Act of 1986 (SARA) for 

hazardous waste workers and 

emergency responders. A network of 

non-profit organizations that are 

committed to protecting workers and 

their communities by delivering highquality, peer-reviewed safety and health 

curricula to target populations of 

hazardous waste workers and 

emergency responders has been 

developed. The NIEHS Worker Training 

Program (WTP) contains the Hazardous 

Waste Worker Training Program 

(HWWTP) and the NIEHS/Department 

of Energy (DOE) Nuclear Worker 

Training Program to fund nonprofit 

organizations to develop and administer 

model health and safety training 

programs for hazardous materials or 

waste workers. The HWWTP provides 

occupational safety and health training 

for workers who may be engaged in 

activities related to hazardous waste 

removal, containment, or chemical 

emergency response. This program is 

the core component of WTP. The other 

optional programs include the 

Environmental Career Worker Training 

Program (ECWTP) that focuses on 

delivering comprehensive training to 

increase the number of disadvantaged 

and underrepresented workers in areas 

such as environmental restoration, 

construction, hazardous materials/waste 

handling, and emergency response and 

the HAZMAT Disaster Preparedness 

Training Program (HDPTP) that 

supports the development and delivery 

of training for hazardous material and 

debris cleanup commonly needed after 

natural and man-made disasters. The 

purpose of the NIEHS/DOE Nuclear 

Worker Training Program is to support 

the development of model programs for 

the training and education of workers 

engaged in activities related to 

hazardous materials and waste 

generation, removal, containment, 

transportation and emergency response 

within the DOE nuclear weapons 

complex. In thirty-five years (FY 1987– 

2022) the WTP has successfully 

supported 25 primary grantees that have 

trained more than 4.5 million workers 

across the country and presented over 

278,821 classroom, hands-on, and 

online training courses, which have 

accounted for over 55 million contact 

hours of actual training. Generally, the 

grant will initially be for one year, and 

subsequent continuation awards are also 

for one year at a time. Grantees must 

submit a separate application to have 

the support continued for each 

subsequent year. Grantees are to provide 

information in accordance with S65.4 

(a), (b), (c) and 65.6(a) on the nature, 

duration, and purpose of the training, 

selection criteria for trainees’ 

qualifications and competency of the 

project director and staff, the adequacy 

of training plans and resources, 

including budget and curriculum, and 

response to meeting training criteria in 

OSHA’s Hazardous Waste Operations 

and Emergency Response Regulations 

(29 CFR 1910.120). As a cooperative 

agreement, there are additional 

requirements for the progress report 

section of the application. Grantees are 

to provide their information into the 

WTP Grantee Data Management System. 

The information collected is used by the 

Director through officers, employees, 

experts, and consultants to evaluate 

applications based on technical merit to 

determine whether to make awards and 

whether appropriate training is being 

conducted to support continuation of 

the grant into subsequent years. 


lotter on DSK11XQN23PROD with NOTICES1