69974 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 

(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. 

We are, however, requesting an 

emergency review of the information 

collection referenced below. In 

compliance with the requirement of 

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

Reduction Act of 1995, we have 

submitted to the Office of Management 

and Budget (OMB) the following 

requirements for emergency review. We 

are requesting an emergency review 

because the collection of this 

information is needed before the 

expiration of the normal time limits 

under OMB’s regulations at 5 CFR part 

1320. This is necessary to ensure 

compliance with an initiative of the 

Administration. We cannot reasonably 

comply with the normal clearance 

procedures because the regular 

clearance process will exceed the MMA 

mandated prescription drug benefit 

effective date and thereby result in 

public harm to enrolled Medicare 

prescription drug beneficiaries. 

The Social Security Act as amended 

by the Medicare Prescription Drug 

Improvement and Modernization Act of 

2003 (MMA) mandates that the 

prescription drug benefit be available to 

beneficiaries on January 1, 2006. The 

conditions under which Medicare 

Advantage prescription drug plans 

(MA–PD), private prescription drug 

plans (PDP) and Fallout Plans/Sponsors 

receive payment for the Part D drug 

benefit upon collection of Prescription 

Drug Event (PDE) data are specified in 

sections 1860D–15(c)(1)(C), 1860D–

15(d)(2) and 1860D–15(f) of the MMA 

and 42 CFR sections 423.322 and 

422.310. 

1. Type of Information Collection 

Request: New Collection; Title of 

Information Collection: Collection of 

Prescription Drug Data from MA–PD, 

PDP and Fallout Plans/Sponsors for 

Medicare Part D Payments and 

Supporting Regulations in 42 CFR 

423.301, 423.322, 423.875, 423.888 and 

422.310; Use: The MMA requires 

Medicare payment to Medicare 

Advantage (MA) organizations, PDP 

sponsors, Fallbacks and other plan 

sponsors offering coverage of outpatient 

prescription drugs under the new 

Medicare Part D benefit. The Act 

provided four summary mechanisms for 

paying plans: Direct subsidies, 

subsidized coverage for qualifying lowincome individuals, Federal reinsurance 

subsidies and risk corridor payments. In 

order to make payment in accordance 

with these provisions, CMS has 

determined to collect a limited set of 

data elements for 100 percent of 

prescription drug claims or events from 

plans offering Part D coverage. The 

transmission of the statutorily required 

data will be in an electronic format. The 

information users will be Pharmacy 

Benefit Managers (PBM), third party 

administrators and pharmacies and the 

PDPs, MA–PDs, Fallbacks and other 

plan sponsors that offer coverage of 

outpatient prescription drugs under the 

new Medicare Part D benefit to 

Medicare beneficiaries. The statutorily 

required data will be used primarily for 

payment, claims validation, quality 

monitoring, program integrity and 

oversight; Form Number: CMS–10174 

(OMB#: 0938–NEW); Frequency: 

Monthly, Quarterly and Annually 

Affected Public: Business or other forprofit, and Not-for-profit institutions; 

Number of Respondents: 455; Total 

Annual Responses: 2,418,000,000; Total 

Annual Hours: 4,836. 

CMS is requesting OMB review and 

approval of these collections by 

December 19, 2005, with a 180-day 

approval period. Written comments and 

recommendation will be considered 

from the public if received by the 

individuals designated below by 

December 18, 2005. 

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/ 

regulations/pra or E-mail 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. 

Interested persons are invited to send 

comments regarding the burden or any 

other aspect of these collections of 

information requirements. However, as 

noted above, comments on these 

information collection and 

recordkeeping requirements must be 

mailed and/or faxed to the designees 

referenced below by December 18, 2005: 

Centers for Medicare and Medicaid 

Services, Office of Strategic Operations 

and Regulatory Affairs, Room C4–26–05, 

7500 Security Boulevard, Baltimore, MD 

21244–1850. Fax Number: (410) 786–

5267. Attn: Bonnie L Harkless; and, 

OMB Human Resources and Housing 

Branch, Attention: Carolyn Lovett,New 

Executive Office Building, Room 10235, 

Washington, DC 20503. 

Dated: November 9, 2005. 

Michelle Shortt, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 05–22903 Filed 11–17–05; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10130, CMS–

10164 and CMS 10156] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services. 

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: Federal Funding 

of Emergency Health Services (section 

1011): Provider Payment Determination 

and Request for section 1011 On-Call 

Payments; Form No.: CMS–10130 (OMB 

# 0938–0952); Use: Section 1011 of 

MMA provides that the Secretary will 

establish a process for eligible providers 

to request payment. The Secretary must 

directly pay hospitals, physicians, and 

ambulance providers (including Indian 

Health Service, Indian tribe and tribal 

organizations) for their otherwise unreimbursed costs of providing services 

required by Section 1867 of the Social 

Security Act (EMTALA) and related 

hospital inpatient, outpatient and 

ambulance services. Payments may be 

made only for services furnished to 

Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 69975 

certain individuals described in the 

statute as: (1) Undocumented aliens; (2) 

aliens who have been paroled into the 

United States at a United States port of 

entry for the purpose of receiving 

eligible services; and (3) Mexican 

citizens permitted to enter the United 

States for not more than 30 days under 

the authority of a biometric machine 

readable border crossing identification 

card (also referred to as a ‘‘laser visa’’) 

issued in accordance with the 

requirements of regulations prescribed 

under a specific section of the 

Immigration and Nationality Act as 

published in the Bureau of Customs and 

Border Protection’s interim final rule 

dated August 13, 2004.; Frequency: 

Other—as needed; Affected Public: 

Business or other for-profit, Not-forprofit institutions, and State, Local or 

Tribal Governments; Number of 

Respondents: 7,503,000; Total Annual 

Responses: 7,512,000; Total Annual 

Hours: 634,000. 

2. Type of Information Collection 

Request: New Collection; Title of 

Information Collection: Electronic Data 

Interchange (EDI) Enrollment Form and 

Centers for Medicare and Medicaid 

Services EDI Registration Form; Form 

No.: CMS–10164 (OMB # 0938–NEW); 

Use: CMS is requiring that providers 

who wish to conduct Electronic Data 

Interchange (EDI) transactions, 

specifically the HIPAA Eligibility 

Inquiry and Response (270/271) directly 

with CMS at the Baltimore data center, 

provide certain information related to 

their organization and/or organizations 

conducting EDI business on their behalf. 

Health care providers, clearinghouses, 

and health plans that wish to access the 

Medicare system for the purposes of 

conducting other EDI business 

transactions are also required to 

complete this form. Furthermore, CMS 

has incorporated changes to the 

collection as a result of public 

comments. One specific comment 

resulted in the combining of the 

information collected related to 

Medicare Modernization Act (MMA) 

section 1011 and Medicare Fee-For 

Service Part A and Part B. Both 

programs collect similar information for 

the purposes of provider enrollment and 

trading partner profile information 

related to the exchange of EDI 

transactions. To further reduce the 

burden on providers enrolling in either 

the MMA section 1011 and/or the 

Medicare Fee-For Service program the 

CMS–10164 collection will change 

terms from ‘‘Carrier/FI’’ to ‘‘Medicare 

contractor’’. The purpose is to 

generically refer to the organization that 

CMS contracts with to operate the 

specific program function such as MMA 

section 1011 or Medicare Part A, 

Medicare Part B for a specific 

jurisdiction. The information will be 

used to assure that profile data for those 

entities that access the section 1011 

and/or Medicare system are entered 

appropriately. Frequency: 

Recordkeeping and Reporting—Other 

(As-Needed); Affected Public: Business 

or other for-profit, Not-for-profit 

institutions; Number of Respondents: 

1,220,000; Total Annual Responses: 

1,220,000; Total Annual Hours: 400,000. 

3. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Retiree Drug 

Subsidy (RDS) Application and 

Instructions; Form Number: CMS’10156 

(OMB#: 0938’’ 0957); Use: Under the 

Medicare Prescription Drug, 

Improvement, and Modernization Act 

(MMA) of 2003 and implementing 

regulations at 42 CFR subpart R plan 

sponsors (employers,unions) who offer 

prescription drug coverage to their 

qualified covered retirees are eligible to 

receive a 28% taxfree subsidy for 

allowable drug costs. In order to qualify, 

plan sponsors must submit a complete 

application to CMS with a list of retirees 

for whom it intends to collect the 

subsidy; Frequency: Quarterly, Monthly, 

Annually; Affected Public: Business or 

other for-profit, Not-for-profit 

institutions, Federal, State, local and/or 

tribal Government; Number of 

Respondents: 50,000; Total Annual 

Responses: 50,000; Total Annual Hours: 

2,025,000. 

To obtain copies of the supporting 

statement and any related forms for 

these paperwork collections referenced 

above, access CMS Web site address at 

http://www.cms.hhs.gov/regulations/ 

pra/, or E-mail 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 December 19, 2005. OMB Human 

Resources and Housing Branch, 

Attention: Carolyn Lovett, CMS Desk 

Officer,New Executive Office Building, 

Room 10235,Washington, DC 20503. 

Dated: November 9, 2005. 

Michelle Shortt, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 05–22904 Filed 11–17–05; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10173, CMS–

437A and CMS–437B] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services. 

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: New Collection; Title of 

Information Collection: Individuals 

Authorized Access to the CMS 

Computer Services; Form Number: 

CMS–10173 (OMB#: 0938–NEW); Use: 

The Centers for Medicare and Medicaid 

Services (CMS) is requesting the Office 

of Management and Budget (OMB) 

approval of the Individuals Authorized 

to Customer Service Application for 

Access to CMS Computer Systems. CMS 

has planned to provide a centralized 

user provisioning and administration 

service that supports the creation, 

deletion, and lifecycle management of 

enterprise identities. This service 

creates accounts, supports Role Based 

Access Control (RBAC), the form flow 

approval process and enterprise identity 

audit and recertification, and provides 

business application integration points. 

An application integration point allows