Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices 22709 

the authority to sign Federal Register 

Notices pertaining to announcements of 

meetings and other committee 

management activities, for both the 

Centers for Disease Control and 

Prevention, and the Agency for Toxic 

Substances and Disease Registry. 

Dated: April 15, 2011. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. 2011–9879 Filed 4–21–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier CMS–R–21] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, HHS. 

In compliance with the requirement 

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

Paperwork Reduction Act of 1995, the 

Centers for Medicare & Medicaid 

Services (CMS), Department of Health 

and Human Services, is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the Agency’s function; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

1. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Withholding 

Medicare Payments to Recover 

Medicaid Overpayments and 

Supporting Regulations in 42 CFR 

447.31; Form No.: CMS–R–21 (OMB#: 

0938–0287); Use: Section 2104 of the 

Omnibus Reconciliation Act of 1981 

provides CMS with the authority to 

withhold Medicare payments to recover 

Medicaid overpayments that the 

Medicaid State Agency has been unable 

to recover. When the CMS Regional 

Office (RO) receives an overpayment 

case from a State Agency, the case file 

is examined to determine whether the 

conditions for withholding Medicare 

payments have been met. If the RO 

determines that the case is appropriate 

for withholding Medicare payments, the 

RO will contact the institution’s 

intermediary or individual’s carrier to 

determine the amount of Medicare 

payments to which the entity would 

otherwise be entitled. The RO will then 

give notice to the intermediary/carrier to 

withhold the entity’s Medicare 

payment; Frequency: Occasionally; 

Affected Public: State, Local, or Tribal 

Governments; Number of Respondents: 

54; Total Annual Responses: 27; Total 

Annual Hours: 81. (For policy questions 

regarding this collection contact Rory 

Howe at 410–786–4878. For all other 

issues call 410–786–1326.) 

To be assured consideration, 

comments and recommendations for the 

proposed information collections must 

be received by the OMB desk officer at 

the address below, no later than 5 p.m. 

on May 23, 2011. 

OMB, Office of Information and 

Regulatory Affairs, Attention: CMS Desk 

Officer, Fax Number: (202) 395–6974, Email: OIRA_submission@omb.eop.gov. 

Dated: April 19, 2011. 

Martique Jones, 

Director, Regulations Development Group— 

Division B, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2011–9846 Filed 4–21–11; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–2332–FN] 

Medicare and Medicaid Programs; 

Approval of the American Association 

for Accreditation of Ambulatory 

Surgery Facilities, Inc. for Deeming 

Authority for Organizations That 

Provide Outpatient Physical Therapy 

and Speech-Language Pathology 

Services 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final notice. 

SUMMARY: This notice announces our 

decision to approve the American 

Association for Accreditation of 

Ambulatory Surgery Facilities 

(AAAASF) for recognition as a national 

accreditation program for organizations 

that provide outpatient physical therapy 

and speech-language pathology services 

seeking to participate in the Medicare or 

Medicaid programs. 

DATES: Effective Date: This final notice 

is effective April 22, 2011 through April 

22, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Alexis Prete, (410) 786–0375. Patricia 

Chmielewski, (410) 786–6899. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Medicare program, eligible 

beneficiaries may receive outpatient 

physical therapy and speech language 

pathology covered services from a 

provider of services, a clinic, a 

rehabilitation agency, a public health 

agency, or by others under an 

arrangement with and under the 

supervision of such provider, clinic, 

rehabilitation agency, or public health 

agency (collectively, ‘‘organizations’’), 

provided certain requirements are met. 

Section 1861(p)(4) of the Social Security 

Act (the Act) establishes distinct criteria 

for organizations seeking approval to 

provide outpatient physical therapy and 

speech language pathology services. The 

regulations at 42 CFR part 485, subpart 

H specify, among other things, the 

conditions that an organization 

providing outpatient physical therapy 

and speech-language pathology services 

must meet to participate in the Medicare 

program. Regulations concerning 

provider agreements are located at 42 

CFR part 489 (Provider Agreements and 

Supplier Approval) and those pertaining 

to survey and certification of facilities at 

42 CFR part 488. 

Generally, in order to enter into a 

provider agreement, an organization 

offering outpatient physical therapy and 

speech language pathology services 

must first be certified by a State survey 

agency as complying with the 

conditions or requirements set forth in 

section 1861(p)(4) of the Act, and 42 

CFR part 485, subpart H. Thereafter, the 

organization is subject to ongoing 

review by a State survey agency to 

determine whether it continues to meet 

the Medicare requirements. There is an 

alternative, however, to State 

compliance surveys. Accreditation by a 

nationally-recognized accreditation 

program can substitute for ongoing State 

review. 

Section 1865(a)(1) of the Act provides 

that, if a provider entity demonstrates 

through accreditation by an approved 

national accreditation organization (AO) 

that all applicable Medicare conditions 

are met or exceeded, we may ‘‘deem’’ 

that provider entity as having met the 

requirements. Accreditation by an 

accreditation organization is voluntary 

and is not required for Medicare 

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