[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11958-11960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6038]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10133, CMS-250-254, CMS-R-5, CMS-10157 and 
CMS-10279]


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

[[Page 11959]]

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: Extension of a currently 
approved collection; Title of Information Collection: Competitive 
Acquisition Program (CAP) for Medicare Part B Drugs: Vendor Application 
and Bid Form; Use: Section 303 (d) of the Medicare Modernization Act 
(MMA) requires the implementation of a competitive acquisition program 
for Medicare Part B drugs and biologicals not paid on a cost or 
prospective payment system basis. The CAP is an alternative to the 
Average Sales Price (ASP or ``buy and bill'') method of acquiring many 
Part B drugs and biologicals administered incident to a physician's 
services. The CAP Vendor Application and Bid Form, is used by bidders 
to provide a response to CMS' solicitation for approved CAP vendor bids 
and to submit their bid prices for CAP drugs. Though the program is 
currently on hold and a timeline for the resumption of the CAP has not 
been established, the CAP Vendor Application and Bid Form will be 
required to conduct the next round of vendor bidding. Form Number: CMS-
10133 (OMB<greek-i>: 0938-0955); Frequency: Reporting--Occasionally; 
Affected Public: Private Sector; Business or other for-profits; Number 
of Respondents: 10; Total Annual Responses: 10; Total Annual Hours: 1. 
(For policy questions regarding this collection contact Bonny Dahm at 
410-786-4006. For all other issues call 410-786-1326.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Medicare 
Secondary Payer Information Collection and Supporting Regulations in 42 
CFR 411.25, 489.2, and 489.20; Form Number: CMS 250-254 (OMB<greek-i>: 
0938-0214); Use: Medicare Secondary Payer Information (MSP) is 
essentially the same concept known in the private insurance industry as 
coordination of benefits, and refers to those situations where Medicare 
does not have primary responsibility for paying the medical expenses of 
a Medicare beneficiary. Medicare Fiscal Intermediaries, Carriers, and 
now Part D plans, need information about primary payers in order to 
perform various tasks to detect and process MSP cases and make 
recoveries. MSP information is collected at various times and from 
numerous parties during a beneficiary's membership in the Medicare 
Program. Collecting MSP information in a timely manner means that 
claims are processed correctly the first time, decreasing the costs 
associated with adjusting claims and recovering mistaken payments.; 
Frequency: Reporting--On Occasion; Affected Public: Individuals or 
Households, Business or other for-profit, Not-for-profit institutions; 
Number of Respondents: 143,070,217; Total Annual Responses: 
143,070,217; Total Annual Hours: 1,788,057. (For policy questions 
regarding this collection contact John Albert at 410-786-7457. For all 
other issues call 410-786-1326.)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Physician 
Certification/Recertification in Skilled Nursing Facilities (SNFs) 
Manual Instructions and Supporting Regulation in 42 CFR 424.20; Use: 
The Medicare program requires, as a condition for Medicare Part A 
payment for posthospital skilled nursing facility (SNF) services that a 
physician must certify and periodically recertify that a beneficiary 
requires an SNF level of care. The physician certification and 
recertification is intended to ensure that the beneficiary's need for 
services has been established and then reviewed and updated at 
appropriate intervals. Form Number: CMS-R-5 (OMB<greek-i>: 0938-0454); 
Frequency: Recordkeeping--Occasionally; Affected Public: Private 
Sector; Business or other for-profits and Not-for-profit institutions; 
Number of Respondents: 5,167,993; Total Annual Responses: 5,167,993; 
Total Annual Hours: 661,265. (For policy questions regarding this 
collection contact Kia Sidbury at 410-786-7816. For all other issues 
call 410-786-1326.)
    4. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: CMS Real-time 
Eligibility Agreement and Access Request; Form Number: CMS-10157 
(OMB<greek-i>: 0938-0960); Use: Federal law requires that CMS take 
precautions to minimize the security risk to Federal information 
systems. Accordingly, CMS is requiring that trading partners who wish 
to conduct the eligibility transaction on a real-time basis to access 
Medicare beneficiary information provide certain assurances as a 
condition of receiving access to the Medicare database for the purpose 
of conducting eligibility verification. Health care providers, 
clearinghouses, and health plans that wish access to the Medicare 
database are required to complete this form. The information will be 
used to assure that those entities that access the Medicare database 
are aware of applicable provisions and penalties. Frequency: 
Recordkeeping and Reporting--One time; Affected Public: Business or 
other for-profit, Not-for-profit institutions; Number of Respondents: 
2000; Total Annual Responses: 500; Total Annual Hours: 500. (For policy 
questions regarding this collection contact Vivian Rogers at 410-786-
8142. For all other issues call 410-786-1326.)
    5. Type of Information Collection Request: New collection; Title of 
Information Collection: Ambulatory Surgical Center Conditions for 
Coverage; Form Number: CMS-10279 (OMB<greek-i>: 0938-New); Use: The 
Ambulatory Surgical Center (ASC) Conditions for Coverage (CfCs) focus 
on a patient-centered, outcome-oriented, and transparent processes that 
promote quality patient care. The CfCs are designed to ensure that each 
facility has properly trained staff to provide the appropriate type and 
level of care for that facility and provide a safe physical environment 
for patients. The CfCs are used by Federal or State surveyors as a 
basis for determining whether an ASC qualifies for approval or re-
approval under Medicare. CMS and the healthcare industry believe that 
the availability to the facility of the type of records and general 
content of records, which this regulation specifies, is standard 
medical practice and is necessary in order to ensure the well-being and 
safety of patients and professional treatment accountability. 
Frequency: Recordkeeping and Reporting--One time; Affected Public: 
Business or other for-profit, Not-for-profit institutions; Number of 
Respondents: 5,100; Total Annual Responses: 5,100; Total Annual Hours: 
193,800. (For policy questions regarding this collection contact 
Jacqueline Morgan at 410-786-4282. 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 at http://www.cms.hhs.gov/PaperworkReductionActof1995, or e-
mail your request, including your address, phone number, OMB number, 
and CMS document identifier, to <a href="/cdn-cgi/l/email-protection#97c7f6e7f2e5e0f8e5fcd7f4fae4b9ffffe4b9f0f8e1"><span class="__cf_email__" data-cfemail="92c2f3e2f7e0e5fde0f9d2f1ffe1bcfafae1bcf5fde4">[email protected]</span></a>, 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

[[Page 11960]]

be submitted in one of the following ways by May 19, 2009:
    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 ------ Room C4-26-05, 7500 Security Boulevard, 
Baltimore, Maryland 21244-1850.

    Dated: March, 13, 2009.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. E9-6038 Filed 3-19-09; 8:45 am]
BILLING CODE 4120-01-P


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