[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49985-49986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17987]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10311, CMS-10242]
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Centers for Medicare & Medicaid Services, HHS.
ACTION: Notice.
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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is
announcing an opportunity for the public to comment on CMS' intention
to collect information from the public. Under the Paperwork Reduction
Act of 1995 (the PRA), federal agencies are required to publish notice
in the Federal Register concerning each proposed collection of
information (including each proposed extension or reinstatement of an
existing collection of information) and to allow 60 days for public
comment on the proposed action. Interested persons are invited to send
comments regarding our burden estimates 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.
DATES: Comments must be received by September 27, 2016.
ADDRESSES: When commenting, please reference the document identifier or
OMB control number. To be assured consideration, comments and
recommendations must be submitted in any one of the following ways:
1. Electronically. You may send 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) that are 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.
To obtain copies of a supporting statement and any related forms
for the proposed collection(s) summarized in this notice, you may make
your request using one of following:
1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.
2. Email your request, including your address, phone number, OMB
number, and CMS document identifier, to [email protected].
3. Call the Reports Clearance Office at (410) 786-1326.
FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786-
1326.
SUPPLEMENTARY INFORMATION:
Contents
This notice sets out a summary of the use and burden associated
with the following information collections. More detailed information
can be found in each collection's supporting statement and associated
materials (see ADDRESSES).
CMS-10311 Medicare Program/Home Health Prospective Payment System Rate
Update for Calendar Year 2010: Physician Narrative Requirement and
Supporting Regulation
CMS-10242 Documentation Requirements Concerning Emergency and
Nonemergency Ambulance Transports Described in the Beneficiary
Signature Regulations in 42 CFR 424.36(b)
Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain
approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. The term
``collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA requires federal agencies
to publish a 60-day notice in the Federal Register concerning each
proposed collection of
[[Page 49986]]
information, including each proposed extension or reinstatement of an
existing collection of information, before submitting the collection to
OMB for approval. To comply with this requirement, CMS is publishing
this notice.
Information Collection
1. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Medicare Program/
Home Health Prospective Payment System Rate Update for Calendar Year
2010: Physician Narrative Requirement and Supporting Regulation; Use:
Section (o) of the Act (42 U.S.C. 1395 x) specifies certain
requirements that a home health agency must meet to participate in the
Medicare program. To qualify for Medicare coverage of home health
services a Medicare beneficiary must meet each of the following
requirements as stipulated in Sec. 409.42: Be confined to the home or
an institution that is not a hospital, SNF, or nursing facility as
defined in sections 1861(e)(1), 1819(a)(1) or 1919 of Act; be under the
care of a physician as described in Sec. 409.42(b); be under a plan of
care that meets the requirements specified in Sec. 409.43; the care
must be furnished by or under arrangements made by a participating HHA,
and the beneficiary must be in need of skilled services as described in
Sec. 409.42(c). Subsection 409.42(c) of our regulations requires that
the beneficiary need at least one of the following services as
certified by a physician in accordance with Sec. 424.22: Intermittent
skilled nursing services and the need for skilled services which meet
the criteria in Sec. 409.32; Physical therapy which meets the
requirements of Sec. 409.44(c), Speech-language pathology which meets
the requirements of Sec. 409.44(c); or have a continuing need for
occupational therapy that meets the requirements of Sec. 409.44(c),
subject to the limitations described in Sec. 409.42(c)(4). On March
23, 2010, the Affordable Care Act of 2010 (Pub. L., 111-148) was
enacted. Section 6407(a) (amended by section 10605) of the Affordable
Care Act amends the requirements for physician certification of home
health services contained in Sections 1814(a)(2)(C) and 1835(a)(2)(A)
by requiring that, prior to certifying a patient as eligible for
Medicare's home health benefit, the physician must document that the
physician himself or herself or a permitted non-physician practitioner
has had a face-to-face encounter (including through the use of tele-
health services, subject to the requirements in section 1834(m) of the
Act)'', with the patient. The Affordable Care Act provision does not
amend the statutory requirement that a physician must certify a
patient's eligibility for Medicare's home health benefit, (see Sections
1814(a)(2)(C) and 1835(a)(2)(A) of the Act. Form Number: CMS-10311 (OMB
control number: 0938-1083); Frequency: Yearly; Affected Public: Private
sector (Business or other For-profits); Number of Respondents: 345,600;
Total Annual Responses: 345,600; Total Annual Hours: 28,800. (For
policy questions regarding this collection contact Hillary Loeffler at
410-786-0456.)
2. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Documentation
Requirements Concerning Emergency and Nonemergency Ambulance Transports
Described in the Beneficiary Signature Regulations in 42 CFR 424.36(b);
Use: The statutory authority requiring a beneficiary's signature on a
claim submitted by a provider is located in section 1835(a) and in
1814(a) of the Social Security Act (the Act), for Part B and Part A
services, respectively. The authority requiring a beneficiary's
signature for supplier claims is implicit in sections 1842(b)(3)(B)(ii)
and in 1848(g)(4) of the Act. Federal regulations at 42 CFR
424.32(a)(3) state that all claims must be signed by the beneficiary or
on behalf of the beneficiary (in accordance with 424.36). Section
424.36(a) states that the beneficiary's signature is required on a
claim unless the beneficiary has died or the provisions of 424.36(b),
(c), or (d) apply. We believe that for emergency and nonemergency
ambulance transport services, where the beneficiary is physically or
mentally incapable of signing the claim (and the beneficiary's
authorized representative is unavailable or unwilling to sign the
claim), that it is impractical and infeasible to require an ambulance
provider or supplier to later locate the beneficiary or the person
authorized to sign on behalf of the beneficiary, before submitting the
claim to Medicare for payment. Therefore, we created an exception to
the beneficiary signature requirement with respect to emergency and
nonemergency ambulance transport services, where the beneficiary is
physically or mentally incapable of signing the claim, and if certain
documentation requirements are met. Thus, we added subsection (6) to
paragraph (b) of 42 CFR 424.36. The information required in this ICR is
needed to help ensure that services were in fact rendered and were
rendered as billed. Form Number: CMS-10242 (OMB control number: 0938-
1049); Frequency: Yearly; Affected Public: Private sector (Business or
other For-profits, Not-For-Profit Institutions); Number of Respondents:
10,402; Total Annual Responses: 14,155,617; Total Annual Hours:
1,180,578. (For policy questions regarding this collection contact
Martha Kuespert at 410-786-4605.)
Dated: July 26, 2016.
Martique Jones,
Director, Regulations Development Group, Office of Strategic Operations
and Regulatory Affairs.
[FR Doc. 2016-17987 Filed 7-28-16; 8:45 am]
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