[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Notices]
[Pages 46301-46302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18361]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-R-138, CMS-10147, CMS-10146, CMS-10064, and
CMS-10225]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request
Agency: Centers for Medicare & Medicaid Services, HHS.
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: Medicare
Geographic Classification Review Board (MGCRB) Procedures and Criteria
and Supporting Regulations in 42 CFR, Section 412.256 & 412.230; Use:
Section 1886(d)(10) of the Social Security Act established the MGCRB,
an entity that has the authority to accept short-term hospital
inpatient prospective payment system (IPPS) hospital applications
requesting geographic reclassification for wage index or standardized
payment amounts and to issue decisions on these requests. Since it is
important to ensure the accuracy of the MGCRB decisions and remain
apprised of potential payment impacts, the regulations note that CMS
should also receive a copy of any hospital's application to the MGCRB.
The information submitted by the hospitals is used by CMS staff to
determine the validity of the hospitals' requests and the discretion
used by the MGCRB in reviewing and making decisions regarding
hospitals' requests for geographic reclassification. Since CMS wrote
the guidelines for the MGCRB, it is essential that CMS staff monitor
this process. Form Number: CMS-R-138 (OMB 0938-0573);
Frequency: Yearly; Affected Public: Business or other for-profits and
Not-for-profit institutions; Number of Respondents: 300; Total Annual
Responses: 300; Total Annual Hours: 300.
2. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Medicare
Prescription Drug Coverage and Your Rights; Use: Section 42 CFR
423.562, requires each Part D plan sponsor to arrange with its network
pharmacies to post or distribute the Medicare Prescription Drug
Coverage and Your Rights notice to Part D plan enrollees at each
pharmacy visit when the enrollee disagrees with the information
provided by the pharmacist. The purpose of this notice is to provide
enrollees with information about how to contact their Part D plans to
request a coverage determination, including a request for an exception
to the Part D plan's formulary. Form Number: CMS 10147 (OMB
0938-0975); Frequency: Daily; Affected Public: Business or other for-
profits; Number of Respondents: 40,000; Total Annual Responses:
30,000,000; Total Annual Hours: 500,000.
3. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Notice of Denial
of Medicare Prescription Drug Coverage; Use: Section 1860D-4(g)(1) of
the Social Security Act, requires Part D plan sponsors that deny
prescription drug coverage to provide a written notice of the denial to
the enrollee. The written notice must include a statement, in clear
language, of the reasons for the denial and a description of the
appeals process. Form Number: CMS 10146 (OMB 0938-0976);
Frequency: Daily; Affected Public: Business or other for-profits;
Number of Respondents: 758; Total Annual Responses: 290,344; Total
Annual Hours: 145,172.
4. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Minimum Data Set
(MDS) for Swing Bed Hospitals and Supporting Regulations in 42 CFR
413.114(a)(2) and 413.343(a); Use: Exercising CMS' authority under
section 1888(e)(7) of the Social Security Act to determine the most
appropriate manner in which to implement the Skilled Nursing Facility
Prospective Payment System (SNF PPS) for swing bed hospitals, CMS
designed a 2-page MDS instrument for use by swing bed hospitals that
includes all resident assessment data needed to reimburse swing bed
hospitals for SNF-level care furnished to Medicare beneficiaries and to
provide CMS with the basic demographic and utilization data for future
planning and analysis. Form Number: CMS-10064 (OMB 0938-0872);
Frequency: Occasionally; Affected Public: Business or other for-
profits, Not-for-profit institutions and State, Local, or Tribal
Governments; Number of Respondents: 481; Total Annual Responses:
50,505; Total Annual Hours: 328,283.
5. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Disclosures to
Patients by Certain Hospitals and Critical Access Hospitals and
Supporting Regulations in 42 CFR 489.20; Form Number: CMS-10225
(OMB: 0938-1035); Use: This information request relates to
proposed required third party disclosures by certain Medicare-
participating hospitals and critical access hospitals (CAHs) to their
patients. The policy is contained in the FY 2009 Inpatient Prospective
Payment System Final Rule. Because this information request is closely
related to the previously approved collection burden under 0938-01034,
we have included a discussion of both the approved provisions and the
new provisions in the supporting statement document.
In addition to the two existing collections previously approved
under 0938-1034, we are revising Sec. 489.3 to define a physician-
owned hospital as a hospital in which a physician, or an immediate
family member of a physician has an ownership or investment interest in
the hospital. Because of this change to the definition of a physician-
owned hospital, new Sec. 489.20(u)(1) will require that hospitals with
ownership or investment interests by a physician or immediate family
member disclose this information to all their patients. Additionally,
we revised Sec. 489.20(u) by creating Sec. 489.20(u)(1) that requires
any physician-owned hospital to furnish patients with written notice
that the hospital is physician-owned and provide the list of physician
owners (including immediate family members) to the patient at the time
the patient or someone on the patient's behalf requests it.
[[Page 46302]]
We also require three new collections which are the primary focus
of this supporting statement. First, we have added new Sec.
489.20(u)(2) to require a hospital to require all physicians who are
members of the hospital's medical staff to agree, as a condition of
continued medical staff membership or admitting privileges, to disclose
in writing to all patients they refer to the hospital any ownership or
investment interest in the hospital held by themselves or by an
immediate family member. The burden associated with this requirement is
two-fold and pertains to both hospitals and physicians. First,
hospitals are required to update by-laws and policies and procedures to
reflect that as a condition of medical staff membership or admitting
privileges, physicians must agree to disclose ownership or investment
interests to patient. In addition, physicians are required to develop
disclosure notices, distribute them to patients and maintain these
disclosures in the patients' medical records.
Finally, we are including new language under Sec. 489.20(v) to
provide for an exception to the disclosure requirements for a
physician-owned hospital that does not have at least one referring
physician who has an ownership or investment interest in the hospital
(or who has an immediate family member with an ownership or investment
interest in the hospital), provided that the hospital attests, in
writing, to that effect and maintains such attestation in its files.
The burden associated with this requirement is limited to those
physician-owned hospitals that do not have physician owners who refer
patients to the hospital.
The intent of the disclosures is to increase the transparency of
the hospital's ownership and operations to patients as they make
decisions about receiving care at the hospital. Frequency: Reporting--
Occasionally; Affected Public: Business or other for-profit; Number of
Respondents: 2,697; Total Annual Responses: 49,735,828; Total Annual
Hours: 840,318.
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 [email protected], 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 September 8,
2008.
OMB Human Resources and Housing Branch, Attention: OMB Desk
Officer, New Executive Office Building, Room 10235, Washington, DC
20503, Fax Number: (202) 395-6974.
Dated: July 31, 2008.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations
and Regulatory Affairs.
[FR Doc. E8-18361 Filed 8-7-08; 8:45 am]
BILLING CODE 4120-01-P