Agency Information Collection Activities: Submission for OMB Review; Comment Request, 71599-71600 [2012-29052]
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Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
emphasizes the context here (i.e.
standard setting); however, it is not
clear why the type of conduct that is
targeted here (i.e. a breach of an
allegedly implied contract term with no
allegation of deception) would not be
targeted by the Commission in any other
context where the Commission believes
consumer harm may result. If the
Commission continues on the path
begun in N-Data and extended here, we
will be policing garden variety breachof-contract and other business disputes
between private parties. Mere breaches
of FRAND commitments, including
potentially the seeking of injunctions if
proscribed by SSO rules,22 are better
addressed by the relevant SSOs or by
the affected parties via contract and/or
patent claims resolved by the courts or
through arbitration.
It is important that government strive
for transparency and predictability.
Before invoking Section 5 to address
business conduct not already covered by
the antitrust laws (other than perhaps
invitations to collude), the Commission
should fully articulate its views about
what constitutes an unfair method of
competition, including the general
parameters of unfair conduct and where
Section 5 overlaps and does not overlap
with the antitrust laws, and how the
Commission will exercise its
enforcement discretion under Section 5.
Otherwise, the Commission runs a
serious risk of failure in the courts 23
and a possible hostile legislative
reaction,24 both of which have
accompanied previous FTC attempts to
use Section 5 more expansively.
This consent does nothing either to
legitimize the creative, yet questionable
application of Section 5 to these types
of cases or to provide guidance to
standard-setting participants or the
22 The instant matter also raises concerns about
the Commission imposing requirements on the
respondent that go beyond those it agreed to as part
of the SSO at issue here, which does not appear to
ban the seeking of injunctions on SEPs included in
its standards. See SAE International, Technical
Standards Board Governance Policy § 1.14 (Nov.
2008), available at https://www.sae.org/
standardsdev/tsb/tsbpolicy.pdf. Even more
troublesome, it is an open question whether the
patents at issue are even standard-essential. See,
e.g., Complaint ¶ 16 (‘‘After the adoption of SAE
J–2788, SPX Corporation sued certain competitors,
including Bosch, for infringing patents that may be
essential to the practice of SAE J–2788.’’).
23 See Ethyl, 729 F.2d 128; Official Airline
Guides, Inc. v. FTC, 630 F.2d 920 (2d Cir. 1980);
Boise Cascade Corp. v. FTC, 637 F.2d 573 (9th Cir.
1980); Abbott Labs., 853 F. Supp. 526.
24 See William E. Kovacic & Marc Winerman,
Competition Policy and the Application of Section
5 of the Federal Trade Commission Act, 76
Antitrust L.J. 929, 943 (2010) (‘‘In the 1950s and the
1970s, Commission efforts to use Section 5
litigation to reach beyond prevailing interpretations
of Sections 1 and 2 of the Sherman Act elicited
strong political backlash from the Congress.’’).
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14:30 Nov 30, 2012
Jkt 229001
business community at large as to what
does and does not constitute a Section
5 violation. Rather, it raises more
questions about what limits the majority
of the Commission would place on its
expansive use of Section 5 authority.
[FR Doc. 2012–29031 Filed 11–30–12; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifiers: CMS–10143 and
CMS–R–284]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
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: Reinstatement without change
of a previously approved collection.
Title of Information Collection: Monthly
State File of Medicaid/Medicare Dual
Eligible Enrollees. Use: The monthly
data file is provided to CMS by states on
dually eligible Medicaid and Medicare
beneficiaries, listing the individuals on
the Medicaid eligibility file, their
Medicare status and other information
needed to establish subsidy level, such
as income and institutional status. The
file will be used to count the exact
number of individuals who should be
included in the phased-down state
contribution calculation that month.
CMS will be able to merge the data with
other data files and establish Part D
enrollment for those individuals on the
AGENCY:
PO 00000
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Fmt 4703
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71599
file. The file may be used by CMS
partners to obtain accurate counts of
duals on a current basis. Form Number:
CMS–10143 (OCN 0938–0958).
Frequency: Monthly. Affected Public:
State, Local, or Tribal Governments.
Number of Respondents: 51. Total
Annual Responses: 612. Total Annual
Hours: 6,120. (For policy questions
regarding this collection contact Goldy
Austen at 410–786–6450. For all other
issues call 410–786–1326.)
2. Type of Information Collection
Request: Revision of a currently
approved collection. Title of
Information Collection: Medicaid
Statistical Information System (MSIS).
Use: CMS requests OMB approval of the
Medicaid Statistical Information System
(MSIS, IBC Form R–284) and allow
additional data collection of MSIS data
for what CMS now refers to as the
Transformed Medicaid Statistical
Information System (T–MSIS) data
collection. This approval would enable
states to continue to fulfill their
Medicaid data reporting requirements in
parallel from 2013 through 2016 and
reduce the burden on states by:
eliminating multiple disparate requests
for data, allowing states to have one
consolidated reporting requirement, and
to better perform its responsibilities of
Medicaid and CHIP program oversight,
administration, and program integrity.
Subsequent to the publication of the
60-day Federal Register notice (August
15, 2012; 77 FR 48987), T–MSIS has
been added to the corresponding PRA
package to offer CMS and state partners
robust, up-to-date, and current
information to be able to:
• View how each state and the
district implements their programs.
• Compare the delivery of programs
across authorities/states.
• Assess the impact of service options
on beneficiary outcomes and
expenditures.
• Examine the enrollment, service
provision, and expenditure experience
of providers who participate in our
programs (as well as in Medicare).
• Examine beneficiary activity such
as application and enrollment history,
services received, appropriateness of
services received based on enrollment
status and applicable statutory
authority.
• Use informatics to improve program
oversight and inform future policy and
operational decisions.
• Answer key Medicaid and CHIP
program questions.
Importantly, there is no duplication of
effort or information associated with
this request. MSIS provides complete
Medicaid and CHIP program statistics
on a national scale and there is no other
E:\FR\FM\03DEN1.SGM
03DEN1
71600
Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices
similar information or report available.
T–MSIS will remove current multiple
reporting for similar data by the state to
CMS.
Although T–MSIS will report more
frequently, (monthly vs. quarterly) the
amount of data collected through the
expanded dataset will enable efficient
processing to more efficiently satisfy
data collection needs, thus eliminating
additional similar duplicate current
reporting processes.
Form Number: CMS–R–284 (OCN
0938–0345). Frequency: Quarterly
(MSIS) and Monthly (T–MSIS). Affected
Public: State, Local, or Tribal
Governments. Number of Respondents:
51. Total Annual Responses: 816. Total
Annual Hours: 8,160. (For policy
questions regarding this collection
contact Kay Spence. at 410–786–1617.
For all other issues call 410–786–1326.)
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
Email your request, including your
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 January 2, 2013: OMB, Office of
Information and Regulatory Affairs,
Attention: CMS Desk Officer, Fax
Number: (202) 395–6974, Email:
OIRA_submission@omb.eop.gov.
Dated: November 27, 2012.
Martique Jones,
Director, Regulations Development Group,
Division-B, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2012–29052 Filed 11–30–12; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
emcdonald on DSK67QTVN1PROD with NOTICES
[CMS–4169–NC]
Medicare Program; Request for
Information To Aid in the Design and
Development of a Survey Regarding
Patient Experiences With Emergency
Department Care
Centers for Medicare &
Medicaid Services (CMS), HHS.
AGENCY:
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14:30 Nov 30, 2012
Jkt 229001
ACTION:
Request for information.
This document is a request for
information regarding consumer and
patient experiences with emergency
department care.
DATES: The information solicited in this
notice must be received at the address
provided below by February 1, 2013.
ADDRESSES: In responding to this
solicitation, please reply via email to
CMS ED_Survey@cms.hhs.gov or by
postal mail at Centers for Medicare and
Medicaid Services, Attention: Sai Ma,
Mailstop C1–14–18, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
FOR FURTHER INFORMATION CONTACT: Sai
Ma (410) 786–1479.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In accordance with section 3011 of
the Affordable Care Act, the Department
of Health and Human Services (HHS)
developed the National Quality Strategy
to create national aims and priorities to
guide local, state, and national efforts to
improve the quality of health care. This
strategy established three aims
supported by six priorities that focus on
better care, healthy people/healthy
communities, and affordable care.1 The
six priorities include: (1) Making care
safer by reducing harm caused by the
delivery of care; (2) ensuring that each
person and family are engaged as
partners in their care; (3) promoting
effective communication and
coordination of care; (4) promoting the
most effective prevention and treatment
practices for the leading causes of
mortality, starting with cardiovascular
disease; (5) working with communities
to promote wide use of best practices to
enable healthy living; and (6) making
quality care more affordable for
individuals, families, employers, and
governments by developing and
spreading new health care delivery
models Surveys focusing on the patient
and caregiver experience, including
those discussed later and the Emergency
Department care survey under
development, support the goals of the
National Quality Strategy for providing
better care.
The Centers for Medicare & Medicaid
Services (CMS) has already
implemented patient experience surveys
for health and drug plans, inpatient
hospitals, and home health agencies.
While CMS and the Agency for
1 Please see U.S. Department of Health and
Human Services, Report to Congress, National
Strategy for Quality Improvement in Health Care,
(March 2011), available at https://
www.healthcare.gov/law/resources/reports/
nationalqualitystrategy032011.pdf.
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Fmt 4703
Sfmt 4703
Healthcare Research and Quality
(AHRQ) have developed additional
Consumer Assessment of Healthcare
Providers and Systems (CAHPS®)
surveys for in-center hemodialysis
facilities, nursing homes, and clinician
and group practices, none of these
surveys address consumers’ and
patients’ experiences with emergency
department services. A patient’s
experience in an emergency department
is an essential component of their
overall healthcare experience in a
hospital, and we believe that a patient
survey evaluating such care will further
support the HHS’s goals and priorities.
The target population for the
emergency department patient
experience of care survey is consumers/
patients and caregivers of patients who
received emergency department care.
The emergency department is a unique
environment within the health care
system, bridging the world of outpatient
and inpatient care. This makes existing
patient experience instruments designed
for either outpatient care or inpatient
care only partially relevant for capturing
patient experiences (for example, none
of the existing surveys addresses
patients’ experience regarding
transitions from emergency room to
inpatient care). Having a rigorous, welldesigned emergency department survey
will allow us to understand patients’
perspectives on their experiences in
emergency departments and how such
experiences change over time. This
information will ultimately be used to
help improve the quality of care patients
receive in emergency departments.
We are in the process of reviewing
potential topic areas, as well as publicly
available instruments and measures, for
the purpose of developing a consumer
and patient experience survey that will
enable objective comparisons of
emergency department experiences
across the country. The principal focus
is to develop a survey for consumers
and patients 18 years of age and older.
However, we are also interested in how
a survey could also be developed for
pediatric patients.
II. Solicitation of Information
We are soliciting the submission of
suggested topic areas (such as
‘‘communication with providers,’’ ‘‘pain
control’’ or ‘‘waiting time’’) as well as
publicly available instruments for
capturing patient experiences with
emergency department care. We are
interested in instruments and items that
can measure quality of care from the
patient’s and caregiver’s perspective,
including pediatric patients, and track
changes over time.
E:\FR\FM\03DEN1.SGM
03DEN1
]]>Agencies
[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71599-71600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29052]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10143 and CMS-R-284]
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: Reinstatement without
change of a previously approved collection. Title of Information
Collection: Monthly State File of Medicaid/Medicare Dual Eligible
Enrollees. Use: The monthly data file is provided to CMS by states on
dually eligible Medicaid and Medicare beneficiaries, listing the
individuals on the Medicaid eligibility file, their Medicare status and
other information needed to establish subsidy level, such as income and
institutional status. The file will be used to count the exact number
of individuals who should be included in the phased-down state
contribution calculation that month. CMS will be able to merge the data
with other data files and establish Part D enrollment for those
individuals on the file. The file may be used by CMS partners to obtain
accurate counts of duals on a current basis. Form Number: CMS-10143
(OCN 0938-0958). Frequency: Monthly. Affected Public: State, Local, or
Tribal Governments. Number of Respondents: 51. Total Annual Responses:
612. Total Annual Hours: 6,120. (For policy questions regarding this
collection contact Goldy Austen at 410-786-6450. For all other issues
call 410-786-1326.)
2. Type of Information Collection Request: Revision of a currently
approved collection. Title of Information Collection: Medicaid
Statistical Information System (MSIS). Use: CMS requests OMB approval
of the Medicaid Statistical Information System (MSIS, IBC Form R-284)
and allow additional data collection of MSIS data for what CMS now
refers to as the Transformed Medicaid Statistical Information System
(T-MSIS) data collection. This approval would enable states to continue
to fulfill their Medicaid data reporting requirements in parallel from
2013 through 2016 and reduce the burden on states by: eliminating
multiple disparate requests for data, allowing states to have one
consolidated reporting requirement, and to better perform its
responsibilities of Medicaid and CHIP program oversight,
administration, and program integrity.
Subsequent to the publication of the 60-day Federal Register notice
(August 15, 2012; 77 FR 48987), T-MSIS has been added to the
corresponding PRA package to offer CMS and state partners robust, up-
to-date, and current information to be able to:
View how each state and the district implements their
programs.
Compare the delivery of programs across authorities/
states.
Assess the impact of service options on beneficiary
outcomes and expenditures.
Examine the enrollment, service provision, and expenditure
experience of providers who participate in our programs (as well as in
Medicare).
Examine beneficiary activity such as application and
enrollment history, services received, appropriateness of services
received based on enrollment status and applicable statutory authority.
Use informatics to improve program oversight and inform
future policy and operational decisions.
Answer key Medicaid and CHIP program questions.
Importantly, there is no duplication of effort or information
associated with this request. MSIS provides complete Medicaid and CHIP
program statistics on a national scale and there is no other
[[Page 71600]]
similar information or report available. T-MSIS will remove current
multiple reporting for similar data by the state to CMS.
Although T-MSIS will report more frequently, (monthly vs.
quarterly) the amount of data collected through the expanded dataset
will enable efficient processing to more efficiently satisfy data
collection needs, thus eliminating additional similar duplicate current
reporting processes.
Form Number: CMS-R-284 (OCN 0938-0345). Frequency: Quarterly (MSIS)
and Monthly (T-MSIS). Affected Public: State, Local, or Tribal
Governments. Number of Respondents: 51. Total Annual Responses: 816.
Total Annual Hours: 8,160. (For policy questions regarding this
collection contact Kay Spence. at 410-786-1617. For all other issues
call 410-786-1326.)
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
Email your request, including your 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 January 2, 2013:
OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk
Officer, Fax Number: (202) 395-6974, Email: OIRA_submission@omb.eop.gov.
Dated: November 27, 2012.
Martique Jones,
Director, Regulations Development Group, Division-B, Office of
Strategic Operations and Regulatory Affairs.
[FR Doc. 2012-29052 Filed 11-30-12; 8:45 am]
BILLING CODE 4120-01-P
