[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Notices]
[Pages 27040-27042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13151]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10133, CMS-10279, CMS-250-254, CMS-10277, 
CMS-10157 and CMS-10273]


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

[[Page 27041]]

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: 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: 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.)
    3. 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.)
    4. Type of Information Collection Request: New collection; Title of 
Information Collection: Hospice Conditions of Participation and 
Supporting Regulations in 42 CFR 418.52, 418.54, 418.56, 418.58, 
418.60, 418.64, 418.66, 418.70, 418.72, 418.74, 418.76, 418.78, 
418.100, 418.106, 4118.108, 418.110, 418.112, and 418.114; Use: The 
Conditions of Participation and accompanying requirements are used by 
Federal or State surveyors as a basis for determining whether a hospice 
qualifies for approval or re-approval under Medicare. The healthcare 
industry and CMS believe that the availability to the hospice of the 
type of records and general content of records, which the final rule 
(72 FR 32088) specifies, is standard medical practice, and is necessary 
in order to ensure the well-being and safety of patients and 
professional treatment accountability. Form Number: CMS-10277 
(OMB<greek-i>: 0938-New); Frequency: Reporting and Recordkeeping--
Yearly; Affected Public: Business or other for-profit and Not-for-
profit institutions; Number of Respondents: 2,872; Total Annual 
Responses: 1,808,345; Total Annual Hours: 2,152,396. (For policy 
questions regarding this collection contact Danielle Shearer at 410-
786-6617. For all other issues call 410-786-1326.)
    5. Type of Information Collection Request: Extension 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: 
2,000; 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.)
    6. Type of Information Collection Request: New collection; Title of

[[Page 27042]]

Information Collection: Evaluation of the Medicare Care Management 
Performance Demonstration (MCMP) and the Electronic Health Records 
Demonstration (EHRD); Use: The MCMP demonstration was authorized under 
Section 649 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003. This is a three year pay for performance 
demonstration with physicians to promote the adoption and use of health 
information technology (HIT) to improve the quality of care for 
eligible chronically ill Medicare beneficiaries. MCMP targets small to 
medium sized primary care practices with up to 10 physicians. Practices 
must provide care to at least 50 Medicare beneficiaries. Physicians 
will receive payments for meeting or exceeding performance standards 
for quality of care. They will also receive an additional incentive 
payment for electronic submission of performance measures via their 
electronic health record (EHR) system. These payments are in addition 
to their normal payments for providing service to Medicare 
beneficiaries. The Office System Survey (OSS) will be used to assess 
progress of physician practices in implementation and use of EHRs and 
related HIT functionalities.
    The EHR demonstration is authorized under Section 402 of the 
Medicare Waiver Authority. The goal of this five year pay for 
performance demonstration is to foster the implementation and adoption 
of EHRs and HIT in order to improve the quality of care provided by 
physician practices. The EHRD expands upon the MCMP Demonstration and 
will test whether performance-based financial incentives (1) increase 
physician practices' adoption and use of electronic health records 
(EHRs), and (2) improve the quality of care that practices deliver to 
chronically ill patients. The EHRD targets small to medium sized 
primary care practices with up to 20 physicians. Practices must provide 
care to at least 50 Medicare beneficiaries. Approximately 800 practices 
will be enrolled in the demonstration across four sites. Practices will 
be randomly assigned to a treatment and a control group. The OSS will 
be used to assess progress of physician practices in implementation and 
use of EHRs and related HIT functionalities, and to determine incentive 
payments for treatment practices. In-person and telephone discussions 
with community partners and physician practices will be used to learn 
about practices' experiences and strategies in adopting and using EHRs, 
as well as the factors that help or hinder their efforts. Refer to the 
supporting document ``High-Level Summary of Changes'' for a list of 
changes. Form Number: CMS-10273 (OMB<greek-i> 0938-New); Frequency: 
Annually, Biennially and Once; Affected Public: Business or other for-
profit; Number of Respondents: 4,123; Total Annual Responses: 1,659; 
Total Annual Hours: 934. (For policy questions regarding this 
collection contact Lorraine Johnson at 410-786-9457. For all other 
issues call 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 July 6, 2009. 
OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-6974, E-mail: <a href="/cdn-cgi/l/email-protection#3e71776c7f614d4b5c53574d4d5751507e51535c105b514e10595148"><span class="__cf_email__" data-cfemail="5a1513081b05292f38373329293335341a353738743f352a743d352c">[email protected]</span></a>.

    Dated: May 28, 2009.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. E9-13151 Filed 6-4-09; 8:45 am]
BILLING CODE 4120-01-P


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