Agency Information Collection Activities: Proposed Collection; Comment Request, 55846-55847 [E8-22584]
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jlentini on PROD1PC65 with NOTICES
55846
Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices
have an associated CMN for the
beneficiary. Suppliers (those who bill
for the items) complete the
administrative information (e.g.,
patient’s name and address, items
ordered, etc.) on each CMN. The 1994
Amendments to the Social Security Act
require that the supplier also provide a
narrative description of the items
ordered and all related accessories, their
charge for each of these items, and the
Medicare fee schedule allowance (where
applicable). The supplier then sends the
CMN to the treating physician or other
clinicians (e.g., physician assistant,
LPN, etc.) who completes questions
pertaining to the beneficiary’s medical
condition and signs the CMN. The
physician or other clinician returns the
CMN to the supplier who has the option
to maintain a copy and then submits the
CMN (paper or electronic) to CMS,
along with a claim for reimbursement.
Form Number: CMS–846–849, 854,
10125, 10126, 10269 (OMB# 0938–
0679); Frequency: Occasionally;
Affected Public: Business or other forprofit and Not-for-profit institutions;
Number of Respondents: 59,200; Total
Annual Responses: 6,480,000; Total
Annual Hours: 1,296,000.
3. Type of Information Collection
Request: Extension without change of a
currently approved collection; Title of
Information Collection: Withholding
Medicare Payments to Recover
Medicaid Overpayments and
Supporting Regulations in 42 CFR
44.31; Use: Overpayments may occur in
either the Medicare and Medicaid
program, at times resulting in a situation
where an institution or person that
provides services owes a repayment to
one program while still receiving
reimbursement from the other. Certain
Medicaid providers which are subject to
offsets for the collection of Medicaid
overpayments may terminate or
substantially reduce their participation
in Medicaid, leaving the State Medicaid
Agency unable to recover the amounts
due. These information collection
requirements give CMS the authority to
recover Medicaid overpayments by
offsetting payments due to a provider
under the program. Form Number:
CMS–R–21 (OMB# 0938–0287);
Frequency: On occasion; Affected
Public: State, Local or Tribal
Governments; Number of Respondents:
54; Total Annual Responses: 27; Total
Annual Hours: 81.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, access CMS Web Site
address at https://www.cms.hhs.gov/
PaperworkReductionActof1995, or
E-mail your request, including your
VerDate Aug<31>2005
18:07 Sep 25, 2008
Jkt 214001
address, phone number, OMB number,
and CMS document identifier, to
Paperwork@cms.hhs.gov, 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 October 27, 2008: OMB, Office of
Information and Regulatory Affairs,
Attention: CMS Desk Officer, New
Executive Office Building, Room 10235,
Washington, DC 20503, Fax Number:
(202) 395–6974.
Dated: September 18, 2008.
Michelle Shortt,
Director, Regulations Development Group,
Office of Strategic Operations and Regulatory
Affairs.
[FR Doc. E8–22582 Filed 9–25–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–372 and CMS–
R–54]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
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) 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: Revision of a currently
approved collection; Title of
Information Collection: Annual Report
on Home and Community Based
Services Waivers and Supporting
AGENCY:
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
Regulations in 42 CFR 440.180 and
441.300–310.; Use: States within an
approved waiver under section 1915(c)
of the act are required to submit a report
annually in order for CMS to: (1) Verify
that State assurances regarding waiver
cost-neutrality are met; and (2)
Determine the waiver’s impact on the
type, amount, and cost of services
provided under the State Plan and
health welfare of recipients. Form
Number: CMS–372 (OMB# 0938–0272);
Frequency: Yearly; Affected Public:
State, Local, or Tribal Governments;
Number of Respondents: 49; Total
Annual Responses: 305; Total Annual
Hours: 13,115.
2. Type of Information Collection
Request: Revision of a currently
approved collection; Title of
Information Collection: National
Medicare & You Education Program
(NMEP) Survey of Medicare
Beneficiaries Use: The Centers for
Medicare and Medicaid Services is
requesting a revision of this information
collection request to continue to collect
information from Medicare
beneficiaries, caregivers, health care
providers, and health information
providers. It is critical for this agency to
obtain feedback from the
aforementioned groups so that the
agency can accurately assess the needs
of the Medicare audience. Using random
digit dial and/or an administrative
sample, members of the Medicare
audience will be called and asked to
complete the survey via telephone. The
results of this survey will be compiled
and studied so that communication may
be amended to benefit Medicare’s
audience. The survey has the following
objectives: To assess satisfaction with
and knowledge of the Medicare
program; to gather information on
health behaviors and quality of health
care; to determine the most used source
for Medicare information; and to gather
information from health care provider
and health information providers. Form
Number: CMS–R–54 (OMB# 0938–
0738); Frequency: Once; Affected
Public: Individuals and Households,
Private Sector—Business or other forprofits; Number of Respondents: 7,000;
Total Annual Responses: 7,000; Total
Annual Hours: 1,750.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, access CMS’ Web site
at https://www.cms.hhs.gov/
PaperworkReductionActof1995, or Email your request, including your
address, phone number, OMB number,
and CMS document identifier, to
Paperwork@cms.hhs.gov, or call the
E:\FR\FM\26SEN1.SGM
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Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices
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 November 25, 2008:
1. Electronically. You may submit
your comments electronically to https://
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 lllll, Room C4–
26–05, 7500 Security Boulevard,
Baltimore, Maryland 21244–1850.
Dated: September 18, 2008.
Michelle Shortt,
Director, Regulations Development Group,
Office of Strategic Operations and Regulatory
Affairs.
[FR Doc. E8–22584 Filed 9–25–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Medicare Program; Medicare Appeals;
Adjustment to the Amount in
Controversy Threshold Amounts for
Calendar Year 2009
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This notice announces the
annual adjustment in the amount in
controversy (AIC) threshold amounts for
Administrative Law Judge (ALJ)
hearings and judicial review under the
Medicare appeals process. The
adjustment to the AIC threshold
amounts will be effective for requests
for ALJ hearings and judicial review
filed on or after January 1, 2009. The
2009 AIC threshold amounts are $120
for ALJ hearings and $1,220 for judicial
review.
DATES: Effective Date: This notice is
effective on January 1, 2009.
FOR FURTHER INFORMATION CONTACT: Liz
Hosna, (410) 786–4993.
SUPPLEMENTARY INFORMATION:
18:07 Sep 25, 2008
Section 1869(b)(1)(E) of the Social
Security Act (the Act), as amended by
section 521 of the Medicare, Medicaid,
and SCHIP Benefits Improvement and
Protection Act of 2000 (BIPA),
established the AIC threshold amounts
for ALJ hearing requests and judicial
review at $100 and $1000, respectively,
for Medicare Part A and Part B appeals.
Section 940 of the Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003 (MMA),
amended section 1869(b)(1)(E) of the
Act to require the AIC threshold
amounts for ALJ hearings and judicial
review to be adjusted annually. The AIC
threshold amounts are to be adjusted, as
of January 2005, by the percentage
increase in the medical care component
of the consumer price index for all
urban consumers (U.S. city average) for
July 2003 to July of the year preceding
the year involved and rounded to the
nearest multiple of $10. Section
940(b)(2) of the MMA provided
conforming amendments to apply the
AIC adjustment requirement to
Medicare Part C (Medicare Advantage
‘‘MA’’) appeals and certain health
maintenance organization and
competitive health plan appeals. Health
care prepayment plans are also subject
to MA appeals rules, including the AIC
adjustment requirement. Section 101 of
the MMA provides for the application of
the AIC adjustment requirement to
Medicare Part D appeals.
A. Medicare Part A and Part B Appeals
[CMS–4136–N]
VerDate Aug<31>2005
I. Background
Jkt 214001
The statutory formula for the annual
adjustment to the AIC threshold
amounts for ALJ hearings and judicial
review of Medicare Part A and Part B
appeals, set forth at section
1869(b)(1)(E) of the Act, is included in
the applicable implementing
regulations, 42 CFR Part 405, Subpart I,
at § 405.1006(b). The regulations require
the Secretary of the Department of
Health and Human Services (the
Secretary) to publish changes to the AIC
threshold amounts in the Federal
Register (§ 405.1006(b)(2)). In order to
be entitled to a hearing before an ALJ,
a party to a proceeding must meet the
AIC requirements at § 405.1006(b).
Similarly, a party must meet the AIC
requirement at § 405.1006(c) at the time
judicial review is requested for the court
to have jurisdiction over the appeal
(§ 405.1136(a)).
B. Medicare Part C (Medicare
Advantage) Appeals
Section 940(b)(2) of the MMA applies
the AIC adjustment requirement to Part
C (MA) appeals by amending section
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
55847
1852(g)(5) of the Act. The implementing
regulations for Medicare Part C appeals
are found at 42 CFR Part 422, Subpart
M. Specifically, § 422.600 and § 422.612
discuss the AIC threshold amounts for
ALJ hearings and judicial review.
Section 422.600 grants any party to
the reconsideration, except the MA
organization, a right to an ALJ hearing
as long as the amount remaining in
controversy after reconsideration meets
the threshold requirement established
annually by the Secretary. Section
422.612 states that any party, including
the MA organization, may request
judicial review if the amount in
controversy meets the threshold
requirement established annually by the
Secretary.
C. Health Maintenance Organizations,
Competitive Medical Plans, and Health
Care Prepayment Plans
Section 1876(c)(5)(B) of the Act states
that the annual adjustment to the AIC
dollar amounts set forth in section
1869(b)(1)(E) of the Act applies to
certain beneficiary appeals within the
context of health maintenance
organizations and competitive medical
plans. The applicable implementing
regulations for Medicare Part C appeals
are set forth in 42 CFR Part 422, Subpart
M, and as discussed above, apply to
these appeals. The Medicare Part C
appeals rules also apply to health care
prepayment plan appeals.
D. Medicare Part D (Prescription Drug
Plan) Appeals
The annually adjusted AIC threshold
amounts for ALJ hearings and judicial
review that apply to Medicare Parts A,
B, and C appeals also apply to Medicare
Part D appeals. Section 101 of the MMA
added section 1860D–4(h)(1) of the Act
regarding Part D appeals. This statutory
provision requires a prescription drug
plan sponsor to meet the requirements
set forth in sections 1852(g)(4) and (g)(5)
of the Act, in a similar manner as MA
organizations. As noted above, the
annually adjusted AIC threshold
requirement was added to section
1852(g)(5) of the Act by section
940(b)(2)(A) of the MMA. The
implementing regulations for Medicare
Part D appeals can be found at 42 CFR
Part 423, Subpart M. The regulations
impart at § 423.562(c) that unless the
Part D appeals rules provide otherwise,
the Part C appeals rules (including the
annually adjusted AIC threshold
amount) apply to Part D appeals to the
extent they are appropriate. More
specifically, § 423.610 and § 423.630 of
the Part D appeals rules discuss the AIC
threshold amounts for ALJ hearings and
judicial review. Section 423.610(a)
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]]>Agencies
[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55846-55847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22584]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-372 and CMS-R-54]
Agency Information Collection Activities: Proposed Collection;
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) 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: Revision of a currently
approved collection; Title of Information Collection: Annual Report on
Home and Community Based Services Waivers and Supporting Regulations in
42 CFR 440.180 and 441.300-310.; Use: States within an approved waiver
under section 1915(c) of the act are required to submit a report
annually in order for CMS to: (1) Verify that State assurances
regarding waiver cost-neutrality are met; and (2) Determine the
waiver's impact on the type, amount, and cost of services provided
under the State Plan and health welfare of recipients. Form Number:
CMS-372 (OMB 0938-0272); Frequency: Yearly; Affected Public:
State, Local, or Tribal Governments; Number of Respondents: 49; Total
Annual Responses: 305; Total Annual Hours: 13,115.
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: National Medicare
& You Education Program (NMEP) Survey of Medicare Beneficiaries Use:
The Centers for Medicare and Medicaid Services is requesting a revision
of this information collection request to continue to collect
information from Medicare beneficiaries, caregivers, health care
providers, and health information providers. It is critical for this
agency to obtain feedback from the aforementioned groups so that the
agency can accurately assess the needs of the Medicare audience. Using
random digit dial and/or an administrative sample, members of the
Medicare audience will be called and asked to complete the survey via
telephone. The results of this survey will be compiled and studied so
that communication may be amended to benefit Medicare's audience. The
survey has the following objectives: To assess satisfaction with and
knowledge of the Medicare program; to gather information on health
behaviors and quality of health care; to determine the most used source
for Medicare information; and to gather information from health care
provider and health information providers. Form Number: CMS-R-54
(OMB 0938-0738); Frequency: Once; Affected Public: Individuals
and Households, Private Sector--Business or other for-profits; Number
of Respondents: 7,000; Total Annual Responses: 7,000; Total Annual
Hours: 1,750.
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, access CMS'
Web site at https://www.cms.hhs.gov/PaperworkReductionActof1995, or E-
mail your request, including your address, phone number, OMB number,
and CMS document identifier, to Paperwork@cms.hhs.gov, or call the
[[Page 55847]]
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 November 25, 2008:
1. Electronically. You may submit your comments electronically to
https://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 18, 2008.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations
and Regulatory Affairs.
[FR Doc. E8-22584 Filed 9-25-08; 8:45 am]
BILLING CODE 4120-01-P
