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[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Notices]
[Page 6331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01848]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10455]

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: New collection; Title of 
Information Collection: Report of a Hospital Death Associated with 
Restraint or Seclusion; Use: Executive Order 13563, Improving 
Regulation and Regulatory Review, was signed on January 18, 2011. The 
order recognized the importance of a streamlined, effective, and 
efficient regulatory framework designed to promote economic growth, 
innovation, job creation, and competitiveness. Each agency was directed 
to establish an ongoing plan to reduce or eliminate burdensome, 
obsolete, or unnecessary regulations to create a more efficient and 
flexible structure.
    The regulation that was published on May, 16, 2012 (77 FR 29034) 
included a reduction in the reporting requirement related to hospital 
deaths associated with the use of restraint or seclusion, Sec.  
482.13(g). Hospitals are no longer required to report to CMS those 
deaths where there was no use of seclusion and the only restraint was 
2-point soft wrist restraints. It is estimated that this will reduce 
the volume of reports that must be submitted by 90 percent for 
hospitals. In addition, the final rule replaced the previous 
requirement for reporting via telephone to CMS, which proved to be 
cumbersome for both CMS and hospitals, with a requirement that allows 
submission of reports via telephone, facsimile or electronically, as 
determined by CMS. Finally, the amount of information that CMS needs 
for each death report in order for CMS to determine whether further on-
site investigation is needed has been reduced.
    The Child Health Act (CHA) of 2000 established in Title V, Part H, 
Section 591 of the Public Health Service Act (PHSA) minimum 
requirements concerning the use of restraints and seclusion in 
facilities that receive support with funds appropriated to any Federal 
department or agency. In addition, the CHA enacted Section 592 of the 
PHSA, which establishes minimum mandatory reporting requirements for 
deaths in such facilities associated with use of restraint or 
seclusion. Provisions implementing this statutory reporting requirement 
for hospitals participating in Medicare are found at 42 CFR 482.13(g), 
as revised in the final rule that published on May 16, 2012 (77 FR 
29034).
    The 60-day Federal Register notice published on November 21, 2012, 
(77 FR 69848). Subsequently, there was a minor revision to the Health 
Death Report form. Form Number: CMS-10455 (OCN: 0938--New); Frequency: 
Occasionally; Affected Public: Private Sector. Number of Respondents: 
4,900. Number of Responses: 24,500. Total Annual Hours: 8,085. (For 
policy questions regarding this collection contact Danielle Miller at 
410-786-8818. For all other issues call 410-786-1326.)
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS Web 
Site address at http://www.cms.hhs.gov/PaperworkReductionActof1995, or 
Email your request, including your address, phone number, OMB number, 
and CMS document identifier, to Paperwork@cms.hhs.gov, or call the 
Reports Clearance Office on (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 March 1, 2013.
    OMB, Office of Information and Regulatory Affairs, Attention: CMS 
Desk Officer, Fax Number: (202) 395-6974, Email: OIRA_submission@omb.eop.gov.

    Dated: January 24, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2013-01848 Filed 1-29-13; 8:45 am]
BILLING CODE 4120-01-P
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