[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55330-55331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22593]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

[Document Identifier: CMS-10207, CMS-10244, CMS-10343 and CMS-R-131]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare and Medicaid Services.

    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Centers for Medicare and 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: Extension of a currently 
approved collection; Title of Information Collection: Physician Self-
Referral Exceptions for Electronic Prescribing and Electronic Health 
Records; Use: Section 101 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (MMA) directed the Secretary 
to create an exception to the physician self-referral prohibition in 
section 1877 of the Social Security Act for certain arrangements in 
which a physician receives compensation in the form of items or 
services (not including cash or cash equivalents) (``nonmonetary 
remuneration'') that is necessary and used solely to receive and 
transmit electronic prescription information. Also, CMS created a 
separate regulatory exception for certain arrangements involving the 
provision of nonmonetary remuneration in the form of electronic health 
records software or information technology and training services 
necessary and used predominantly to create, maintain, transmit, or 
receive electronic health records.
    The conditions for both exceptions require that arrangements for 
the items and services provided must be set forth in a written 
agreement, be signed by the parties involved, specify the items or 
services being provided and the cost of those items or services, and 
cover all of the electronic prescribing and/or electronic health 
records technology to be provided by the donating entity. CMS would use 
the collected information for enforcement purposes; specifically, if we 
were investigating the financial relationships between the donors and 
the physicians to determine whether the provisions in the exceptions 
were met. Form Number: CMS-10207 (OMB<greek-i>: 0938-1009); Frequency: 
Occasionally; Affected Public: Private Sector: Business or other for-
profits and Not-for-profit institutions; Number of Respondents: 9,796; 
Total Annual Responses: 38,959; Total Annual Hours: 12,451.5. (For 
policy questions regarding this collection contact Kristin Bohl at 410-
786-8680. For all other issues call 410-786-1326.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Medicaid State 
Program Integrity Assessment (SPIA); Use: Under the provisions of the 
Deficit Reduction Act (DRA) of 2005, the Congress directed CMS to 
establish the Medicaid Integrity Program (MIP), CMS' first national 
strategy to combat Medicaid fraud, waste, and abuse. CMS has two broad 
responsibilities under the MIP: (1) Reviewing the actions of 
individuals or entities providing services or furnishing items under 
Medicaid; conducting audits of claims submitted for payment; 
identifying overpayments; and educating providers and others on payment 
integrity and quality of care; and (2) Providing effective support and 
assistance to States to combat Medicaid fraud, waste, and abuse.
    In order to fulfill the second of these requirements, CMS developed 
SPIA. CMS uses SPIA to collect data on State Medicaid program integrity 
activities, develop reports for each State based on these data, 
determine areas to provide States with technical support and 
assistance, and develop measures to assess States' performance. Form 
Number: CMS-10244 (OMB<greek-i>: 0938-1033); Frequency: Annually; 
Affected Public: State, Local, or Tribal Governments; Number of 
Respondents: 56; Total Annual Responses: 56; Total Annual Hours: 1,400. 
(For policy questions regarding this collection contact Mary Jo Cook at 
410-786-3231. For all other issues call 410-786-1326.)
    3. Type of Information Collection Request: New collection; Title of 
Information Collection: State Plan Preprint for Medicaid Recovery Audit 
Contractors (RACs); Use: Under section 1902(a)(42)(B)(i) of the Social 
Security Act, States are required to establish programs to contract 
with one or more Medicaid RACs for the purpose of identifying 
underpayments and recouping overpayments under the State plan and any 
waiver of the State plan with respect to all services for which payment 
is made to any entity under such plan or waiver. Further, the statute 
requires States to establish programs to contract with Medicaid RACs in 
a manner consistent with State law, and generally in the same manner as 
the Secretary contracts with Medicare RACs.
    State programs contracted with Medicaid RACs are not required to be 
fully operational until after December 31, 2010. States may submit, to 
CMS, a State Plan Amendment (SPA) attesting

[[Page 55331]]

that they will establish a Medicaid RAC program. States have broad 
discretion regarding the Medicaid RAC program design and the number of 
entities with which they elect to contract. Many States already have 
experience utilizing contingency-fee-based Third Party Liability 
recovery contractors. Form Number: CMS-10343 (OMB<greek-i>: 0938-NEW); 
Frequency: Once; Affected Public: State, Local, or Tribal Governments; 
Number of Respondents: 56; Total Annual Responses: 56; Total Annual 
Hours: 56. (For policy questions regarding this collection contact Mary 
Jo Cook at 410-786-3231 or Eva Tetteyfio at 410-786-3653. For all other 
issues call 410-786-1326.)
    4. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Advance 
Beneficiary Notice of Noncoverage (ABN); Use: Under section 1879 of the 
Social Security Act, a physician, provider, practitioner, or supplier 
of items or services participating in the Medicare program, or taking a 
claim on assignment, may bill a Medicare beneficiary for items or 
services usually covered under Medicare, but denied in an individual 
case under one of the several statutory exclusions, if they inform the 
beneficiary, prior to furnishing the service, that Medicare is likely 
to deny payment. Sections 42 CFR 411.404(b) and (c), and 411.408(d)(2) 
and (f), require written notice be provided to inform beneficiaries in 
advance of potential liability for payment. Form Number: CMS-R-131 
(OMB<greek-i>: 0938-0566); Frequency: Reporting: Weekly, Monthly, 
Yearly, Biennially and Occasionally; Affected Public: Private Sector: 
Business or other for-profits and Not-for-profit institutions; Number 
of Respondents: 1,326,282 ; Total Annual Responses: 43,725,850; Total 
Annual Hours: 5,099,309. (For policy questions regarding this 
collection contact Evelyn Blaemire at 410-786-1803. 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#6e3e0f1e0b1c19011c052e0d031d4006061d40090118"><span class="__cf_email__" data-cfemail="5707362732252038253c17343a24793f3f2479303821">[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 be submitted in one of 
the following ways by November 9, 2010:
    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: September 3, 2010.
Martique Jones,
Director, Regulations Development Division-B, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2010-22593 Filed 9-9-10; 8:45 am]
BILLING CODE 4120-01-P


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