[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55845-55846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22582]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-484 and CMS-846-849, 854, 10125, 10126, 10269 
and CMS-R-21]


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: Revision of a currently 
approved collection; Title of Information Collection: Durable Medical 
Equipment Regional Carrier, Certificate of Medical Necessity for Oxygen 
and Supporting Regulations in 42 CFR 410.38 and 424.5; Use: The oxygen 
certificate of medical necessity (CMN) collects information required to 
help determine the medical necessity of home oxygen therapy for 
Medicare beneficiaries. CMS requires CMNs where items may present a 
vulnerability to the Medicare program. Each claim for these items must 
have an associated CMN for the beneficiary. In order to determine if a 
beneficiary needs home oxygen therapy, a qualifying blood gas study 
must be performed and it must comply with the DMERCs Oxygen Medical 
Policy on the standards for conducting the test and also be covered 
under Medicare Part B. A beneficiary must be seen and evaluated by the 
treating physician within specific timeframes as indicated by the 
Oxygen Medical Policy in order to complete an Initial CMN 
Certification, a Recertification CMN and a Revised CMN Certification. 
Form Number: CMS-484 (OMB<greek-i> 0938-0534); Frequency: Occasionally; 
Affected Public: Business or other for-profits; Number of Respondents: 
15,000; Total Annual Responses: 1,630,000; Total Annual Hours: 326,000.
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Durable Medical 
Equipment Medicare Administrative Contractors (MAC), Certificates of 
Medical Necessity; Use: The certificate of medical necessity (CMN) 
collects information required to help determine the medical necessity 
of certain items. CMS requires CMNs where there may be a vulnerability 
to the Medicare program. Each initial claim for these items must

[[Page 55846]]

have an associated CMN for the beneficiary. Suppliers (those who bill 
for the items) complete the administrative information (e.g., patient's 
name and address, items ordered, etc.) on each CMN. The 1994 Amendments 
to the Social Security Act require that the supplier also provide a 
narrative description of the items ordered and all related accessories, 
their charge for each of these items, and the Medicare fee schedule 
allowance (where applicable). The supplier then sends the CMN to the 
treating physician or other clinicians (e.g., physician assistant, LPN, 
etc.) who completes questions pertaining to the beneficiary's medical 
condition and signs the CMN. The physician or other clinician returns 
the CMN to the supplier who has the option to maintain a copy and then 
submits the CMN (paper or electronic) to CMS, along with a claim for 
reimbursement. Form Number: CMS-846-849, 854, 10125, 10126, 10269 
(OMB<greek-i> 0938-0679); Frequency: Occasionally; Affected Public: 
Business or other for-profit and Not-for-profit institutions; Number of 
Respondents: 59,200; Total Annual Responses: 6,480,000; Total Annual 
Hours: 1,296,000.
    3. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Withholding Medicare Payments to Recover Medicaid Overpayments and 
Supporting Regulations in 42 CFR 44.31; Use: Overpayments may occur in 
either the Medicare and Medicaid program, at times resulting in a 
situation where an institution or person that provides services owes a 
repayment to one program while still receiving reimbursement from the 
other. Certain Medicaid providers which are subject to offsets for the 
collection of Medicaid overpayments may terminate or substantially 
reduce their participation in Medicaid, leaving the State Medicaid 
Agency unable to recover the amounts due. These information collection 
requirements give CMS the authority to recover Medicaid overpayments by 
offsetting payments due to a provider under the program. Form Number: 
CMS-R-21 (OMB<greek-i> 0938-0287); Frequency: On occasion; Affected 
Public: State, Local or Tribal Governments; Number of Respondents: 54; 
Total Annual Responses: 27; Total Annual Hours: 81.
    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 
E-mail your request, including your address, phone number, OMB number, 
and CMS document identifier, to <a href="/cdn-cgi/l/email-protection#feae9f8e9b8c89918c95be9d938dd096968dd0999188"><span class="__cf_email__" data-cfemail="5c0c3d2c392e2b332e371c3f312f7234342f723b332a">[email protected]</span></a>, 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 October 27, 2008: 
OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, New Executive Office Building, Room 10235, Washington, DC 
20503, Fax Number: (202) 395-6974.

    Dated: September 18, 2008.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
 [FR Doc. E8-22582 Filed 9-25-08; 8:45 am]
BILLING CODE 4120-01-P


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