[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Pages 33226-33227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13617]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

    Periodically, the Health Resources and Services Administration 
(HRSA) publishes abstracts of information collection requests under 
review by the Office of Management and Budget (OMB), in compliance with 
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). To request 
a copy of the clearance requests submitted to OMB for review, email 
[email protected] or call the HRSA Reports Clearance Office on (301) 
443-1984.
    The following request has been submitted to the Office of 
Management and Budget for review under the Paperwork Reduction Act of 
1995:

Proposed Project: Enrollment and Re-Certification of Entities in the 
340B Drug Pricing Program (OMB No. 0915-0327)--[Revision]

    Section 602 of Public Law 102-585, the Veterans Health Care Act of 
1992, enacted section 340B of the Public Health Service Act (PHS Act), 
``Limitation on Prices of Drugs Purchased by Covered Entities.'' 
Section 340B provides that a manufacturer who sells covered outpatient 
drugs to eligible entities must sign a pharmaceutical pricing agreement 
with the Secretary of Health and Human Services in which the 
manufacturer agrees to charge a price for covered outpatient drugs that 
will not exceed an amount determined under a statutory formula. Covered 
entities which choose to participate in the section 340B Drug Pricing 
Program must comply with the requirements of section 340B(a)(5) of the 
PHS Act. Section 340B(a)(5)(A) prohibits a covered entity from 
accepting a discount for a drug that would also generate a Medicaid 
rebate. Further, section 340B(a)(5)(B) prohibits a covered entity from 
reselling or otherwise transferring a discounted drug to a person who 
is not a patient of the entity.
    In response to the statutory mandate of section 340B(a)(9) of the 
PHS Act to notify manufacturers of the identities of covered entities 
and the mandate of section 340B(a)(5)(A)(ii) to establish a mechanism 
to ensure against duplicate discounts and the ongoing responsibility to 
administer the 340B Drug Pricing Program while maintaining efficiency, 
transparency and integrity, the HRSA Office of Pharmacy Affairs (OPA) 
developed a process of registration of covered entities to enable it to 
address those mandates.

Enrollment/Registration

    To enroll and certify the eligible federally funded grantees and 
other safety net health care providers, OPA requires entities to submit 
administrative information (e.g. shipping and billing arrangements, 
Medicaid participation, etc.), certifying information and signatures 
from appropriate grantee level or entity level authorizing officials 
and State/local government representatives. The purpose of this 
registration information is to determine eligibility for the 340B Drug 
Pricing Program. This information is entered into the 340B database by 
entities and verified by OPA staff according to 340B Drug Pricing 
Program requirements. Accurate records are critical to implementation 
of the 340B Drug Pricing Program legislation, especially to prevent 
diversion and duplicate discounts. To maintain accurate records, OPA 
also requires that entities recertify eligibility annually and that 
they notify the program of updates to any administrative information 
that they submitted when initially enrolling into the program. The 
burden requirement for these processes is low for recertification and 
minimal for submitting change requests.

Contract Pharmacy Self-Certification

    In order to ensure that drug manufacturers and drug wholesalers 
recognize contract pharmacy arrangements, covered entities that elect 
to utilize one or more contract pharmacies are also required to submit 
general information about the arrangements and certifications that 
signed agreements are in place with those contract pharmacies.
    The estimates of annualized burden are as follows:

[[Page 33227]]



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                                     Number of     Responses per       Total         Hours per     Total burden
      Reporting requirement         respondents     respondent       responses       response          hours
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                                HOSPITAL ENROLLMENT, ADDITIONS & RECERTIFICATIONS
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340B Program Registrations &                 546               1             546            2.00          1092.0
 Certifications for Hospitals...
Certifications to Enroll                     606               1             606            0.50           303.0
 Hospital Outpatient Facilities.
Hospital Annual Re-                         4842               1            4842            0.50          2421.0
 Certifications.................
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                      REGISTRATIONS AND RECERTIFICATIONS FOR ENTITIES OTHER THAN HOSPITALS
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340B Registrations for Community             253               1             253            1.00           253.0
 Health Centers.................
340B Registrations for Family                353               1             353            1.00           353.0
 Planning Programs, STD/TB
 Clinics and Various Other
 Eligible Entity Types..........
Community Health Center Annual              4507               1            4507            0.50          2253.5
 Re-Certifications..............
Family Planning Annual Re-                  3879               1            3879            0.50          1939.5
 Certifications.................
STD & TB Annual Re-                         2754               1            2754            0.50          1377.0
 Certifications.................
Annual Re-Certification for                 1174               1            1174            0.50           587.0
 Entities Other Than Hospitals,
 Community Health Centers,
 Family Planning, STD or TB
 Clinics........................
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                                          OTHER INFORMATION COLLECTIONS
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Submission of Administrative                2500               1            2500            0.50          1250.0
 Changes for Any Covered Entity.
Submission of Administrative                 350               1             350            0.50           175.0
 Changes for Any Manufacturer...
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                          CONTRACTED PHARMACY SERVICES REGISTRATION & RECERTIFICATIONS
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Contracted Pharmacy Services                2500               1            2500            1.00          2500.0
 Registration...................
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    TOTAL.......................          24,264  ..............          24,264  ..............        14,504.0
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    Written comments and recommendations concerning the proposed 
information collection should be sent within 30 days of this notice to 
the desk officer for HRSA, either by email to [email protected] or by fax to 202-395-6974. Please direct all 
correspondence to the ``attention of the desk officer for HRSA.''

    Dated: May 29, 2012.
Reva Harris,
Acting Director, Division of Policy and Information Coordination.
[FR Doc. 2012-13617 Filed 6-4-12; 8:45 am]
BILLING CODE 4165-15-P