Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Notices 7433 

assess the sufficiency of any safeguards 

in place to control these risks; 

• Design and implement reasonable 

safeguards to control the risks identified 

through risk assessment, and regularly 

test or monitor the effectiveness of the 

safeguards’ key controls, systems, and 

procedures; 

• Develop and use reasonable steps to 

select and retain service providers 

capable of appropriately safeguarding 

personal information they receive from 

Cbr, and require service providers by 

contract to implement and maintain 

appropriate safeguards; and 

• Evaluate and adjust its information 

security program in light of the results 

of testing and monitoring, any material 

changes to operations or business 

arrangement, or any other circumstances 

that it knows or has reason to know may 

have a material impact on its 

information security program. 

Part III of the proposed order requires 

Cbr to obtain within the first one 

hundred eighty (180) days after service 

of the order, and on a biennial basis 

thereafter for a period of twenty (20) 

years, an assessment and report from a 

qualified, objective, independent thirdparty professional, certifying, among 

other things, that: (1) It has in place a 

security program that provides 

protections that meet or exceed the 

protections required by Part II of the 

proposed order; and (2) its security 

program is operating with sufficient 

effectiveness to provide reasonable 

assurance that the security, 

confidentiality, and integrity of 

sensitive consumer, employee, and job 

applicant information has been 

protected. 

Parts IV through VIII of the proposed 

order are reporting and compliance 

provisions. Part IV requires Cbr to retain 

documents relating to its compliance 

with the order. For most records, the 

order requires that the documents be 

retained for a five-year period. For the 

third-party assessments and supporting 

documents, Cbr must retain the 

documents for a period of three years 

after the date that each assessment is 

prepared. Part V requires dissemination 

of the order now and in the future to all 

current and future principals, officers, 

directors, and managers, and to persons 

with responsibilities relating to the 

subject matter of the order. Part VI 

ensures notification to the FTC of 

changes in corporate status. Part VII 

mandates that Cbr submit a compliance 

report to the FTC within 60 days, and 

periodically thereafter as requested. Part 

VIII is a provision ‘‘sunsetting’’ the 

order after twenty (20) years, with 

certain exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order. It is not intended to 

constitute an official interpretation of 

the proposed complaint or order or to 

modify the order’s terms in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2013–02143 Filed 1–31–13; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifiers CMS–10409 and 

CMS–10461] 

Agency Information Collection 

Activities: Proposed Collection; 

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) 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 functions; 

(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: Revision of a currently 

approved collection; Title of 

Information Collection: Long Term Care 

Hospital (LCTH) Continuity Assessment 

Record and Evaluation (CARE) Data Set; 

Use: Section 3004 of the Affordable Care 

Act authorizes the establishment of a 

new quality reporting program for 

LTCH. LTCHs that fail to submit quality 

measure data may be subject to a 2 

percentage point reduction in their 

annual update to the standard Federal 

rate for discharges occurring during a 

rate year. In the FY 2013 IPPS/LTCH 

PPS final rule (76 FR 51743 through 

51756), CMS retained three measures 

(NQF #0678, NQF #0138 and NQF 

#0139) and adopted two new measure 

(NQF #0680 and NQF#0431) for the FY 

2016 payment determination. NQF 

#0680 is the percent of residents or 

patients who were assessed and 

appropriately given the seasonal 

influenza vaccine (short-stay). NQF 

#0431 is influenza vaccination coverage 

among healthcare personnel. The data 

collection for these two NQF endorsed 

measures will start January 1, 2014. 

LTCH CARE Data Set was developed 

specifically for use in LTCHs for data 

collection of NQF #0678 Pressure Ulcer 

measures beginning October 1, 2012, 

with the understanding that the data set 

would expand in future rulemaking 

years with the adoption of additional 

quality measures. Relevant data 

elements contained in other well-known 

and clinically established data sets, 

including but not limited to the 

Minimum Data Set 3.0 (MDS 3.0) and 

CARE, were incorporated into the LTCH 

CARE Data Set V1.01. Form Number: 

CMS–10409 (OCN: 0938–1163); 

Frequency: Occasionally; Affected 

Public: Private Sector: Business or other 

for-profit and not-for-profit institutions; 

Number of Respondents: 442; Total 

Annual Responses: 403,988; Total 

Annual Hours: 212,160. (For policy 

questions regarding this collection 

contact Charles Padgett at 410–786– 

2811. For all other issues call 410–786– 

1326.) 

2. Type of Information Collection 

Request: New collection (request for a 

new OMB control number). Title of 

Information Collection: Emergency 

Department Patient Experience of Care 

Survey. Use: This survey supports the 

six national priorities for improving care 

from the National Quality Strategy 

developed by the U.S. Department of 

Health and Human Services (HHS) that 

was called for under the Affordable Care 

Act to create national aims and 

priorities to guide local, state, and 

national efforts to improve the quality of 

health care. This strategy has 

established six priorities that support a 

three-part aim focusing on better care, 

better health, and lower costs through 

improvement. The six priorities include: 

making care safer by reducing harm 

caused by the delivery of care; ensuring 

that each person and family are engaged 

as partners in their care; promoting 

effective communication and 

coordination of care; promoting the 

most effective prevention and treatment 

practices for the leading causes of 

mortality, starting with cardiovascular 

disease; working with communities to 

promote wide use of best practices to 

enable healthy living; and making 

quality care more affordable for 

individuals, families, employers, and 


srobinson on DSK4SPTVN1PROD with NOTICES
7434 Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Notices 

governments by developing and 

spreading new health care delivery 

models. This survey will provide 

patient experiences with care data that 

enables making comparisons of 

emergency departments across the 

nation and promoting effective 

communication and coordination. Form 

Number: CMS–10461 (OCN 0938-New). 

Frequency: Once. Affected Public: 

Individuals and households. Number of 

Respondents: Total Annual Responses: 

3,360. Total Annual Hours: 799. (For 

policy questions regarding this 

collection contact Sai Ma at 410–786– 

1479. 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. 

In commenting on the proposed 

information collections please reference 

the document identifier or OMB control 

number. To be assured consideration, 

comments and recommendations must 

be submitted in one of the following 

ways by April 2, 2013: 

1. Electronically. You may submit 

your comments electronically to http:// 

www.regulations.gov. Follow the 

instructions for ‘‘Comment or 

Submission’’ or ‘‘More Search Options’’ 

to find the information collection 

document(s) accepting comments. 

2. By regular mail. You may mail 

written comments to the following 

address: CMS, Office of Strategic 

Operations and Regulatory Affairs, 

Division of Regulations Development, 

Attention: Document Identifier/OMB 

Control Number lll, Room C4–26– 

05, 7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 

Dated: January 29, 2013. 

Martique Jones, 

Deputy Director, Regulations Development 

Group, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2013–02155 Filed 1–31–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1602–N] 

Medicare Program: Notice of Two 

Membership Appointments to the 

Advisory Panel on Hospital Outpatient 

Payment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Notice. 

SUMMARY: This notice announces two 

new membership appointments to the 

Advisory Panel on Hospital Outpatient 

Payment (HOP, the Panel). The two new 

appointments to the Panel will each 

serve a 4-year period. The new members 

will have terms that begin on February 

1, 2013 and continue through January 

31, 2017. The purpose of the Panel is to 

advise the Secretary of the Department 

of Health and Human Services and the 

Administrator of the Centers for 

Medicare & Medicaid Services 

concerning the clinical integrity of the 

Ambulatory Payment Classification 

groups and their relative payment 

weights. The Panel also addresses and 

makes recommendations regarding 

supervision of outpatient services. The 

advice provided by the Panel will be 

considered as we prepare the annual 

updates for the hospital outpatient 

prospective payment system. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on the Panel 

meeting dates, agenda topics, copy of 

the charter, as well as updates to the 

Panel’s activities, search our Internet 

Web site: https://www.cms.gov/ 

Regulations-and Guidance/Guidance/ 

FACA/AdvisoryPanelon

AmbulatoryPayment

ClassificationGroups.html For other 

information regarding the Panel, contact 

Chuck Braver, the Designated Federal 

Officer at CMS, Center for Medicare, 

Hospital and Ambulatory Policy Group, 

Division of Outpatient Care, 7500 

Security Boulevard, Mail Stop C4–05– 

17, Baltimore, MD 21244–1850, phone 

(410) 786–3985. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Health and Human 

Services (the Secretary) is required by 

section 1833(t)(9)(A) of the Social 

Security Act (the Act) (42 U.S.C. 

1395l(t)(9)(A)) and section 222 of the 

Public Health Service Act (PHS Act) (42 

U.S.C. 217a) to consult with an expert 

outside advisory panel on the clinical 

integrity of the Ambulatory Payment 

Classification groups and weights. The 

Advisory Panel on Hospital Outpatient 

Payment (HOP, the Panel) is governed 

by the provisions of the Federal 

Advisory Committee Act (FACA) (Pub. 

L. 92–463), as amended (5 U.S.C. 

Appendix 2), which sets forth standards 

for the formation and use of advisory 

panels. The Panel Charter provides that 

the Panel shall meet up to 3 times 

annually. We consider the technical 

advice provided by the Panel as we 

prepare the proposed and final rules to 

update the outpatient prospective 

payment system for the following 

calendar year. 

The Panel shall consist of a Chair and 

up to 19 members who are full-time 

employees of hospitals, hospital 

systems, or other Medicare providers. 

The Secretary or a designee selects the 

Panel membership based upon either 

self-nominations or nominations 

submitted by Medicare providers and 

other interested organizations. New 

appointments are made in a manner that 

ensures a balanced membership under 

the FACA guidelines. 

The Panel presently consists of the 

following members and a Chair. 

• Edith Hambrick, M.D., J.D., Chair, 

CMS Medical Officer. 

• Karen Borman, M.D., FACS. 

• Ruth L. Bush, M.D., M.P.H. 

• Lanny Copeland, M.D., AAFP. 

• Kari S. Cornicelli, C.P.A., FHFMA. 

• Dawn L. Francis, M.D., M.H.S. 

• David A. Halsey, M.D. 

• Brian D. Kavanagh, M.D., MPH. 

• Scott Manaker, M.D., Ph.D. 

• John Marshall, CRA, RCC, CIRCC, 

RT(R), FAHRA. 

• Jim Nelson, M.B.A., C.P.A., 

FHFMA. 

• Leah Osbahr, M.A., MPH. 

• Jacqueline Phillips. 

• Daniel J. Pothen, M.S., RHIA, CHPS. 

• Gregory Przybylski, M.D. 

• Traci Rabine. 

• Marianna V. Spanaki-Varela, MD, 

Ph.D., M.B.A. 

• Gale Walker. 

II. Provisions of the Notice 

We published a notice in the Federal 

Register on August 24, 2012, entitled ’’ 

Medicare Program; Solicitation of Two 

Nominations to the Advisory Panel on 

Hospital Outpatient Payment’’ (77 FR 

51542). The notice solicited 

nominations for two new members to 

the Advisory Panel on Hospital 

Outpatient Payment (HOP, the Panel) to 

fill two vacancies on the panel 

beginning September 30, 2012. As a 

result of that notice, we are announcing 

two new members to the Panel. Their 

appointments are for 4-year terms 

beginning on February 1, 2013. 


srobinson on DSK4SPTVN1PROD with NOTICES