Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 39025 

ADDRESSES: When commenting, please 

reference the document identifier or 

OMB control number. To be assured 

consideration, comments and 

recommendations must be submitted in 

any one of the following ways: 

1. Electronically. You may send 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) that are 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. 

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.html. 

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–10572 Transparency in Coverage 

Reporting by Qualified Health Plan 

Issuers 

CMS–10781 FOIA/Privacy Act 

Requests for Medicare Claims Data via 

CMS FOIA Public Portal 

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: Extension of a currently 

approved collection; Title of 

Information Collection: Transparency in 

Coverage Reporting by Qualified Health 

Plan Issuers; Use: Sections 

1311(e)(3)(A)–(C) of the ACA, as 

implemented at 45 CFR 155.1040(a)–(c) 

and 156.220, establish standards for 

qualified health plan (QHP) issuers to 

submit specific information related to 

transparency in coverage. QHP issuers 

are required to post and make data 

related to transparency in coverage 

available to the public in plain language 

and submit this data to the Department 

of Health and Human Services (HHS), 

the Exchange, and the state insurance 

commissioner. Section 2715A of the 

Public Health Service (PHS) Act as 

added by the ACA largely extends the 

transparency provisions set forth in 

section 1311(e)(3) to non-grandfathered 

group health plans and health insurance 

issuers offering group and individual 

health insurance coverage. Form 

Number: CMS–10572 (OMB control 

number: 0938–1310); Frequency: 

Annually; Affected Public: Private 

sector (Business or Not-for-profit 

institutions); Number of Respondents: 

360; Total Annual Responses: 360; Total 

Annual Hours: 17,160. (For policy 

questions regarding this collection 

contact Jack Reeves at 301–492–5152). 

2. Type of Information Collection 

Request: New collection (Request for a 

new OMB control); Title of Information 

Collection: ; Use: This collection of 

information is dedicated to Medicare 

beneficiaries and third party requesters 

(law firms or others) acting on behalf of 

beneficiaries that are making requests 

for CMS to produce Medicare 

beneficiary records through 5 U.S.C. 

552(b) (See also 42 CFR 401.136). 

Currently the requests are mailed/faxed/ 

emailed to CMS. The new online portal 

will allow for ease and efficiency to 

upload the request and required 

authorization, which will be quickly 

and securely sent directly to CMS. 

Additionally, with the new online 

portal, requesters will be able to 

securely submit requests electronically 

that contain PHI or PII; they will be 

advised that MyMedicare.gov/Blue 

Button is an online service available for 

beneficiaries to set up an account to 

access their own records and give 

authorization to share with third parties. 

This secure public online portal will be 

integrated with the agency’s current 

FOIA/Privacy Act case management 

system to ensure a centralized location 

for housing, securing, tracking and 

processing the incoming requests (See 

45 CFR 5.22 and 5.24). Form Number: 

CMS–10781 (OMB control number: 

0938-New); Frequency: Occasionally; 

Affected Public: Individuals or 

Households; Number of Respondents: 

19,000; Total Annual Responses: 360; 

Total Annual Hours: 17,160. (For policy 

questions regarding this collection 

contact Hugh Gilmore at 410–786– 

5352). 

Dated: July 20, 2021. 

William N. Parham, III, 

Director, Paperwork Reduction Staff, Office 

of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 2021–15756 Filed 7–22–21; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1764–N] 

Medicare Program; Announcement of 

the Advisory Panel on Hospital 

Outpatient Payment Meeting 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of meeting. 

SUMMARY: This notice announces a 

virtual meeting of the Advisory Panel on 

Hospital Outpatient Payment (the Panel) 

for Calendar Year 2021. 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 

associated weights, and supervision of 

hospital outpatient therapeutic services. 

The advice provided by the Panel will 

be considered as we prepare the annual 

updates for the hospital outpatient 

prospective payment system. 

DATES: Meeting date: The virtual 

meeting of the Panel is scheduled for 

Monday, August 23, 2021, from 9:30 

a.m. to 5:00 p.m. Eastern Daylight Time 

(EDT). The times listed in this notice are 

EDT and are approximate times. 

Consequently, the meetings may last 

longer or be shorter than the times listed 

in this notice, but would not begin 

before the posted time. 

Deadline for presentations and 

comment letters: Presentations or 


khammond on DSKJM1Z7X2PROD with NOTICES
39026 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 

comment letters, and form CMS–20017 

(located at https://www.cms.gov/ 

Medicare/CMS-Forms/CMS-Forms/ 

downloads/cms20017.pdf), must be 

received by 5:00 p.m. EDT, Friday, 

August 6, 2021. We note that form 

CMS–20017 must accompany each 

presentation or comment letter 

submission. Presentations and comment 

letters that are not received by the due 

date and time, or that do not include a 

completed form CMS–20017 are 

considered late or incomplete, and 

cannot be included on the agenda. In 

commenting, refer to file code CMS– 

1764–N. 

Meeting Registration Timeframe: All 

presentation or comment letter speakers, 

including any alternates, with items on 

the agenda must register electronically 

to our Panel mailbox, APCPanel@

cms.hhs.gov no later than 5:00 p.m. 

EDT, Friday, August 6, 2021. The 

subject of the email may state ‘‘Agenda 

Speaker Registration for HOP Panel 

Meeting.’’ 

ADDRESSES: 

Meeting location and webinar: The 

meeting will be held virtually. The 

public may participate in this meeting 

by webinar, or listen-only via 

teleconference. Closed captioning will 

be available on the webinar. 

Teleconference dial-in and webinar 

information will appear on the final 

meeting agenda, which will be posted 

on our website when available at: 

https://www.cms.gov/Regulations-andGuidance/Guidance/FACA/Advisory

PanelonAmbulatory

PaymentClassificationGroups. 

News media: Press inquiries are 

handled through the CMS Press Office 

at (202) 690–6145. 

Advisory committees information 

line: The telephone number for the 

Advisory Panel on Hospital Outpatient 

Payment Committee Hotline is (410) 

786–3985. 

Websites: For additional information 

on the Panel, including the Panel 

charter, and updates to the Panel’s 

activities, we refer readers to view our 

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

Regulations-and-Guidance/Guidance/ 

FACA/AdvisoryPanelonAmbulatory

PaymentClassificationGroups. 

Information about the Panel and its 

membership in the Federal Advisory 

Committee Act (FACA) database are also 

located at: https://

www.facadatabase.gov. 

FOR FURTHER INFORMATION CONTACT: 

Elise Barringer, Designated Federal 

Official (DFO) (410) 786–9222, email at: 

APCPanel@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Secretary of the Department of 

Health and Human Services (the 

Secretary) is required by section 

1833(t)(9)(A) of the Social Security Act 

(the Act) and is allowed by section 222 

of the Public Health Service Act (PHA) 

to consult with an expert outside Panel, 

such as the Advisory Panel on Hospital 

Outpatient Payment (the Panel), 

regarding the clinical integrity of the 

Ambulatory Payment Classification 

(APC) groups and relative payment 

weights. The Panel is governed by the 

provisions of the Federal Advisory 

Committee Act (Pub. L. 92–463), as 

amended (5 U.S.C. Appendix 2), to set 

forth standards for the formation and 

use of advisory Panels. We consider the 

technical advice provided by the Panel 

as we prepare the proposed and final 

rules to update the Hospital Outpatient 

Prospective Payment System (OPPS) for 

the following calendar year (CY). 

II. Annual Advisory Panel Meeting 

A. Meeting Agenda 

The agenda for the August 23, 2021 

Panel meeting will provide for 

discussion and comment on the 

following topics as designated in the 

Panel’s Charter: 

• Addressing whether procedures 

within an APC group are similar both 

clinically and in terms of resource use. 

• Reconfiguring APCs. 

• Evaluating APC group weights. 

• Reviewing packaging the cost of 

items and services, including drugs and 

devices, into procedures and services, 

including the methodology for 

packaging and the impact of packaging 

the cost of those items and services on 

APC group structure and payment. 

• Removing procedures from the 

inpatient only list for payment under 

the OPPS. 

• Using claims and cost report data 

for Centers for Medicare & Medicaid 

Services (CMS) determination of APC 

group costs. 

• Addressing other technical issues 

concerning APC group structure. 

• Evaluating the required level of 

supervision for hospital outpatient 

services. 

• OPPS APC rates for covered 

Ambulatory Surgical Center (ASC) 

procedures. 

The Agenda will be posted on our 

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

Regulations-and-Guidance/Guidance/ 

FACA/AdvisoryPanelon

AmbulatoryPaymentClassification

Groups approximately 1 week before the 

meeting. 

B. Meeting Information Updates 

The actual meeting hours and days 

will be posted in the agenda. As 

information and updates regarding this 

webinar and listen-only teleconference, 

including the agenda, become available, 

they will be posted to our website at: 

https://www.cms.gov/Regulations-andGuidance/Guidance/FACA/ 

AdvisoryPanelonAmbulatoryPayment

ClassificationGroups. 

C. Presentations and Comment Letters 

The subject matter of any presentation 

and comment letter must be within the 

scope of the Panel as designated in the 

Charter. Any presentations or comments 

outside of the scope of the Panel will be 

returned or requested for amendment. 

Unrelated topics include, but are not 

limited to: The conversion factor, charge 

compression, revisions to the cost 

report, pass-through payments, correct 

coding, new technology applications 

(including supporting information/ 

documentation), provider payment 

adjustments, supervision of hospital 

outpatient diagnostic services, and the 

types of practitioners that are permitted 

to supervise hospital outpatient 

services. The Panel may not recommend 

that services be designated as 

nonsurgical extended duration 

therapeutic services. Presentations or 

Comment Letters that address OPPS 

APC rates as they relate to covered ASC 

procedures are within the scope of the 

Panel’s charter; however, ASC payment 

rates, ASC payment indicators, the ASC 

covered procedures list, or other ASC 

payment system matters will be 

considered out of scope. The Panel may 

use data collected or developed by 

entities and organizations other than 

Department of Health and Human 

Services and CMS in conducting its 

review. We recommend organizations 

submit data for CMS staff and the 

Panel’s review. All presentations are 

limited to 5 minutes, regardless of the 

number of individuals or organizations 

represented by a single presentation. 

Presenters may use their 5 minutes to 

present either one or more agenda items. 

In the email, all of the following 

information must be submitted when 

registering: 

• Speaker’s name. 

• Speaker’s organization or company 

name. 

• Company or organization that the 

speaker is representing that submitted a 

presentation or comment letter that is 

on the agenda. 

• Email addresses to which materials 

regarding meeting registration and 

instructions on connecting to the 

meeting may be sent. 


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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 39027 

Registration details may not be 

revised once they are submitted. If 

registration details require changes, a 

new registration entry must be 

submitted by August 06, 2021. In 

addition, registration information must 

reflect individual-level content and not 

reflect an organization entry. Also, each 

individual may only register one person 

at a time (that is, one individual may 

not register multiple individuals at the 

same time). 

A confirmation email will be sent 

upon receipt of the registration. The 

email will provide information to the 

speaker in preparation for the meeting. 

Registration is only required for 

agenda speakers and alternates and 

must be submitted by the deadline 

specified above. We note that no 

registration is required for participants 

who plan to view the Panel meeting by 

webinar or listen teleconference. 

Section 508 Compliance 

For this meeting, we are aiming to 

have all presentations and comment 

letters available on our website. 

Materials on our website must be 

Section 508 compliant to ensure access 

to federal employees and members of 

the public with and without disabilities. 

We encourage presenters and 

commenters to reference the guidance 

on making documents section 508 

compliant as they draft their 

submissions, and, whenever possible, to 

submit their presentations and comment 

letters in a 508 compliant form. Such 

guidance is available at: https://

www.cms.gov/research-statistics-dataand-systems/cms-informationtechnology/section508. 

We will review presentations and 

comment letters for 508 compliance and 

place compliant materials on our 

website. As resources permit, we will 

also convert non-compliant submissions 

to 508 compliant forms, and offer 

assistance to submitters who are making 

their submissions 508 compliant. All 

508 compliant presentations and 

comment letters will be made available 

on the CMS website. If difficulties are 

encountered accessing the materials, 

contact the Designated Federal Official 

(DFO) (the DFO’s address, email, and 

phone number are provided in the FOR

FURTHER INFORMATION CONTACT section of 

this notice). 

In order to consider presentations 

and/or comment letters, we will need to 

receive the following: 

1. An email copy of the presentation 

or comment letters sent to the DFO 

mailbox: APCPanel@cms.hhs.gov. 

2. Form CMS–20017, with complete 

contact information that includes the 

names, addresses, phone numbers, and 

email addresses for all presenters; 

comment letters; and a contact person 

who can answer any questions and 

provide revisions that are requested for 

the presentation or comment letter. 

Presenters and commenter letters must 

clearly explain the actions that they are 

requesting CMS take in the appropriate 

section of the form. A presenter or 

commenter’s relationship with the 

organization that they represent must 

also be clearly listed. 

• The form is available through the 

CMS Forms website at: https://

www.cms.gov/Medicare/CMS-Forms/ 

CMS-Forms/downloads/cms20017.pdf. 

• We encourage submitters to make 

efforts to ensure that their presentations 

and comment letters are 508 compliant. 

D. Formal Presentations 

In addition to formal presentations 

(limited to 5 minutes total per 

presentation), there will be an 

opportunity during the meeting for 

public comments as time permits 

(limited to 1 minute for each individual 

and a total of 3 minutes per 

organization). 

E. Panel Recommendations and 

Discussions 

The Panel’s recommendations at any 

Panel meeting generally are not final 

until they have been reviewed and 

approved by the Panel on the last day 

of the meeting, before the final 

adjournment. These recommendations 

will be posted to our website after the 

meeting. 

F. Membership Appointments to the 

Advisory Panel on Hospital Outpatient 

Payment 

The Panel Charter provides that the 

Panel may 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 

OPPS for the following calendar year. 

The Panel may consist of a chair and up 

to 15 members who are full-time 

employees of hospitals, hospital 

systems, or other Medicare providers 

that are subject to the OPPS. The Panel 

may also include a representative of the 

provider with ASC expertise, who may 

advise CMS only on OPPS APC rates, as 

appropriate, impacting ASC covered 

procedures within the context and 

purview of the Panel’s scope. The 

Secretary or a designee selects the Panel 

membership based upon either selfnominations or nominations submitted 

by Medicare providers and other 

interested organizations of candidates 

determined to have the required 

expertise. For supervision deliberations, 

the Panel may include members that 

represent the interests of Critical Access 

Hospitals, who advise CMS only 

regarding the level of supervision for 

hospital outpatient therapeutic services. 

New appointments are made in a 

manner that ensures a balanced 

membership under the FACA 

guidelines. The Secretary rechartered 

the Panel in 2020 for a 2-year period 

effective through November 20, 2022. 

The current charter is available on the 

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

files/document/2020-hop-panelcharter.pdf. The Panel presently 

consists of members and a Chair named 

below. 

• E.L. Hambrick, M.D., J.D., CMS 

Chairperson 

• Terry Bohlke, C.P.A., C.M.A, M.H.A., 

C.A.S.C 

• Carmen Cooper-Oguz, P.T., D.P.T, 

M.B.A, C.W.S, W.C.C 

• Paul Courtney, M.D. 

• Peter Duffy, M.D. 

• Lisa Gangarosa, M.D. 

• Michael Kuettel, M.D., M.B.A, Ph.D. 

• Scott Manaker, M.D., Ph.D. 

• Brian Nester, D.O., M.B.A. 

• Bo Gately, M.B.A. 

• Matthew Wheatley, M.D., F.A.C.E.P. 

III. Collection of Information 

Requirements 

This document does not impose 

information collection requirements, 

that is, reporting, recordkeeping or 

third-party disclosure requirements. 

Consequently, there is no need for 

review by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Administrator of the Centers for 

Medicare & Medicaid Services (CMS), 

Chiquita Brooks-LaSure, having 

reviewed and approved this document, 

authorizes Lynette Wilson, who is the 

Federal Register Liaison, to 

electronically sign this document for 

purposes of publication in the Federal 

Register. 

Dated: July 20, 2021. 

Lynette Wilson, 

Federal Register Liaison, Centers for Medicare 

& Medicaid Services. 

[FR Doc. 2021–15727 Filed 7–22–21; 8:45 am] 

BILLING CODE 4120–01–P 


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