Agency Information Collection Activities: Submission for OMB Review; Comment Request, 26370-26371 [2013-10681]
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Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Meeting of the President’s Council on
Fitness, Sports, and Nutrition;
Correction
Department of Health and
Human Services, Office of the Secretary,
Office of the Assistant Secretary for
Health, Office of the President’s Council
on Fitness, Sports, and Nutrition.
ACTION: Notice; correction.
AGENCY:
The Department of Health and
Human Services published a notice in
the Federal Register on April 11, 2013
to announce a meeting of the President’s
Council on Fitness, Sports, and
Nutrition on May 7, 2013, from 10:00
a.m. to 4:30 p.m., at the Department of
Health and Human Services, 200
Independence Ave., SW., Room 800;
Washington, DC 20201. The meeting
time has changed.
FOR FURTHER INFORMATION CONTACT: Ms.
Shellie Pfohl, Executive Director,
President’s Council on Fitness, Sports,
and Nutrition; Phone: (240) 276–9866 or
(240) 276–9567.
SUMMARY:
Correction
In the Federal Register of April 11,
2013, FR Doc. 2013–08494 , on page
21606, in the second column, correct
the DATES caption to read:
DATES: The meeting will be held on May
7, 2013, from 9:30 a.m. to 1:00 p.m.
Dated: April 26, 2013.
M. Shannon Feaster,
Director of Communications, President’s
Council on Fitness, Sports, and Nutrition.
[FR Doc. 2013–10674 Filed 5–3–13; 8:45 am]
BILLING CODE 4150–35–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifiers: CMS–10419]
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
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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: New collection (request for a
new OMB control number); Title of
Information Collection: Transparency
Reports and Reporting of Physician
Ownership or Investment Interests; Use:
Reports of Payments or Other Transfers
of Value to Covered Recipients
The regulations at 42 CFR 403.904
require direct and indirect payments or
other transfers of value provided by an
applicable manufacturer to a covered
recipient, and that direct and indirect
payments or other transfers of value
provided to a third party at the request
of (or designated by) the applicable
manufacturer on behalf of a covered
recipient, be reported by the applicable
manufacturer to CMS on an annual
basis.
Reports of Physician Ownership and
Investment Interests
Under § 403.906, each applicable
manufacturer and applicable group
purchasing organization must report to
CMS on an annual basis all ownership
and investment interests in the
applicable manufacturer or applicable
group purchasing organization that were
held by a physician or an immediate
family member of a physician during
the preceding calendar year.
Data Collection
The data templates will provide
detailed information about the data to
be collected including the data element
name, format, allowable values,
required versus optional fields, and
other associated rules intended to aid
the applicable manufacturers and
applicable group purchasing
organizations as they prepare for and
participate in data collection.
Applicable manufacturers and
applicable GPOs will engage in data
collection external to CMS within their
own systems or tracking tools. If we
intend to make changes to the data
templates, we will provide them at least
90 days prior to first day of data
collection for the next reporting year. In
providing revised templates, we will
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also comply with the requirements of
the Paperwork Reduction Act to seek
public comments on the proposed
changes to the information collections,
as required by law. This will allow
applicable manufacturers and
applicable GPOs to make any necessary
changes to prepare for the next reporting
year. This is the same time as the date
by which we will publish the list of
teaching hospitals.
Data Submission
Section 403.908 requires that reports
must be electronically submitted to
CMS by March 31, 2014, and by the
90th day of each subsequent calendar
year. Additionally, applicable
manufacturers and applicable group
purchasing organizations may submit an
entirely optional assumptions
document, explaining the reasonable
assumptions made and methodologies
used when reporting payments or other
transfers of value, or ownership or
investment interests. The assumptions
documents will not be made available to
covered recipients, physician owners or
investors, or the public.
Dispute Resolution and Corrections
There are several situations which
may necessitate that data previously
submitted be updated. These cases
include corrections based on disputes,
or corrections known by the applicable
manufacturer or applicable GPO
through another mechanism. For
example, if an applicable manufacturer
or applicable group purchasing
organization discovers an error or
omission in its annual report, under
§ 703.908(h), applicable manufacturers
and applicable GPOs must notify CMS
immediately upon discovering errors or
omissions in their reports and must
submit corrected information to CMS
immediately upon confirmation of the
error or omission. CMS will update the
Web site at least once annually with
corrected information. Form Number:
CMS–10461 (OCN: 0938-New).
Frequency: Annual; Affected Public:
Private Sector (business or other forprofit and not-for-profit institutions);
Number of Respondents: 396,414. Total
Annual Responses: 396,414. Total
Annual Hours: 13,327,065. (For policy
questions regarding this collection
contact Doug Brown at 410–786–0028.
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,
E:\FR\FM\06MYN1.SGM
06MYN1
Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Notices
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 June 3, 2013.
OMB, Office of Information and
Regulatory Affairs Attention: CMS Desk
Officer Fax Number: (202) 395–6974
Email: OIRA_submission@omb.eop.gov.
Dated: May 1, 2013.
Martique Jones,
Deputy Director, Regulations Development
Group, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2013–10681 Filed 5–3–13; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
Notice of Hearing: Reconsideration of
Disapproval of Kentucky State Plan
Amendments (SPA) 10–007
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice of Hearing.
AGENCY:
This notice announces an
administrative hearing to be held on
June 27, 2013, at the CMS Atlanta
Regional Office, Atlanta Federal Center,
61 Forsyth Street, South West, Atlanta,
Georgia 30303–8909, to reconsider CMS’
decision to disapprove Kentucky SPA
10–007.
Closing Date: Requests to participate
in the hearing as a party must be
received by the presiding officer by May
21, 2013.
FOR FURTHER INFORMATION CONTACT:
Benjamin Cohen, Presiding Officer,
CMS, 2520 Lord Baltimore Drive, Suite
L, Baltimore, Maryland 21244,
Telephone: (410) 786–3169.
SUPPLEMENTARY INFORMATION: This
notice announces an administrative
hearing to reconsider CMS’s decision to
disapprove Kentucky SPA 10–007
which was submitted on September 30,
2010, and disapproved on April 2, 2013.
The SPA proposed a payment
methodology based on actual, incurred,
costs for services provided by
Community Mental Health Clinics
(CMHCs).
At issue in the hearing is whether the
proposed cost-based Medicaid payment
methodology is consistent with the
requirements of section 1902(a)(30)(A)
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SUMMARY:
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of the Social Security Act (Act) when
Kentucky did not specifically document
that, under the proposed methodology,
non-Medicaid costs would be excluded
from the Medicaid payment calculation.
Specifically, it appears that the
methodology would rely on a cost
reporting mechanism which results in
over-allocation of both indirect and
direct cost to Medicaid services.
Specifically, for CMHCs that function
within a larger parent organization, the
state proposed an inappropriate transfer
of cost from the parent organization to
the CMHCs. Additionally, the state did
not demonstrate that it had an
acceptable method of allocating
practitioner cost between reimbursable
and non-reimbursable activities.
Section 1902(a)(30)(A) of the Act
requires that states have methods and
procedures in place to ensure payments
are consistent with economy, efficiency,
and quality of care. Because the
proposed payment methodology is
based on each provider’s reconciled
cost, CMS requested that Kentucky
document the cost-finding and provider
reporting mechanisms used to
determine payment. This information
would allow CMS to ensure that the
proposed payment would be limited to
amounts economic and efficient for
covered Medicaid services, and were
sufficient to ensure quality of care.
Upon review of Kentucky’s response,
CMS determined that Kentucky was not
able to document that its cost reporting
mechanism properly allocated cost to
Medicaid covered services. Specifically,
CMS was concerned that Kentucky’s
methodology did not demonstrate the
exclusion of costs incurred outside of
these clinics for non-Medicaid activities
and services. CMS worked with
Kentucky on its cost reporting
methodology over an extended period of
time; however, CMS was not able to
resolve questions surrounding the issue
of including non-Medicaid costs. As a
result, CMS could not conclude that
Kentucky’s proposed plan for payment
was economic and efficient, or
consistent with quality of care. In the
absence of this specific information,
CMS could not conclude that the
requirements of section 1902(a)(30)(A)
were satisfied.
Section 1116 of the Act and federal
regulations at 42 CFR Part 430, establish
Department procedures that provide an
administrative hearing for
reconsideration of a disapproval of a
state plan or plan amendment. CMS is
required to publish a copy of the notice
to a state Medicaid agency that informs
the agency of the time and place of the
hearing, and the issues to be considered.
If we subsequently notify the agency of
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26371
additional issues that will be considered
at the hearing, we will also publish that
notice.
Any individual or group that wants to
participate in the hearing as a party
must petition the presiding officer
within 15 days after publication of this
notice, in accordance with the
requirements contained at 42 CFR
430.76(b)(2). Any interested person or
organization that wants to participate as
amicus curiae must petition the
presiding officer before the hearing
begins in accordance with the
requirements contained at 42 CFR
430.76(c). If the hearing is later
rescheduled, the presiding officer will
notify all participants.
The notice to Kentucky announcing
an administrative hearing to reconsider
the disapproval of its SPA reads as
follows:
Mr. Lawrence J. Kissner,
Commissioner,
Cabinet for Health and Family Services,
Department for Medicaid Services,
275 East Main Street, 6W–A,
Frankfort, KY 40621.
Dear Mr. Kissner:
I am responding to your request for
reconsideration of the decision to disapprove
the Kentucky State Plan Amendment (SPA)
10–007 which was submitted on September
30, 2010, and disapproved on April 2, 2013.
The SPA proposed a payment methodology
based on actual, incurred, costs for services
provided by Community Mental Health
Clinics (CMHCs).
I disapproved Kentucky SPA 10–007
because I could not conclude that it complied
with section 1902(a)(30)(A) of the Social
Security Act (the Act), which requires
payments to be consistent with economy
efficiency and quality of care. In order to
meet this requirement, the Centers for
Medicare & Medicaid Services (CMS)
requested that Kentucky document the costfinding and provider reporting mechanisms
used to determine payment. Upon review of
the commonwealth’s response to CMS’s
formal Request for Additional Information
(RAI), CMS determined that Kentucky had
not sufficiently documented that its cost
reporting mechanism properly allocated cost
to Medicaid covered services by excluding
non-Medicaid costs from the Medicaid
payment calculation.
The CMS worked with Kentucky on its cost
reporting methodology over an extended
period of time; however, CMS was not able
to resolve questions surrounding the issue of
including non-Medicaid costs. As a result,
CMS could not conclude that Kentucky’s
proposed plan for payment was economic
and efficient, or consistent with quality of
care. In the absence of this specific
information, CMS could not conclude that
the requirements of section 1902(a)(30)(A) of
the Act were satisfied.
At issue in this appeal is whether the
proposed cost-based Medicaid payment
methodology is consistent with the
requirements of section 1902(a)(30)(A) of the
E:\FR\FM\06MYN1.SGM
06MYN1
]]>Agencies
[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Notices]
[Pages 26370-26371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10681]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10419]
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: New collection (request
for a new OMB control number); Title of Information Collection:
Transparency Reports and Reporting of Physician Ownership or Investment
Interests; Use:
Reports of Payments or Other Transfers of Value to Covered Recipients
The regulations at 42 CFR 403.904 require direct and indirect
payments or other transfers of value provided by an applicable
manufacturer to a covered recipient, and that direct and indirect
payments or other transfers of value provided to a third party at the
request of (or designated by) the applicable manufacturer on behalf of
a covered recipient, be reported by the applicable manufacturer to CMS
on an annual basis.
Reports of Physician Ownership and Investment Interests
Under Sec. 403.906, each applicable manufacturer and applicable
group purchasing organization must report to CMS on an annual basis all
ownership and investment interests in the applicable manufacturer or
applicable group purchasing organization that were held by a physician
or an immediate family member of a physician during the preceding
calendar year.
Data Collection
The data templates will provide detailed information about the data
to be collected including the data element name, format, allowable
values, required versus optional fields, and other associated rules
intended to aid the applicable manufacturers and applicable group
purchasing organizations as they prepare for and participate in data
collection. Applicable manufacturers and applicable GPOs will engage in
data collection external to CMS within their own systems or tracking
tools. If we intend to make changes to the data templates, we will
provide them at least 90 days prior to first day of data collection for
the next reporting year. In providing revised templates, we will also
comply with the requirements of the Paperwork Reduction Act to seek
public comments on the proposed changes to the information collections,
as required by law. This will allow applicable manufacturers and
applicable GPOs to make any necessary changes to prepare for the next
reporting year. This is the same time as the date by which we will
publish the list of teaching hospitals.
Data Submission
Section 403.908 requires that reports must be electronically
submitted to CMS by March 31, 2014, and by the 90th day of each
subsequent calendar year. Additionally, applicable manufacturers and
applicable group purchasing organizations may submit an entirely
optional assumptions document, explaining the reasonable assumptions
made and methodologies used when reporting payments or other transfers
of value, or ownership or investment interests. The assumptions
documents will not be made available to covered recipients, physician
owners or investors, or the public.
Dispute Resolution and Corrections
There are several situations which may necessitate that data
previously submitted be updated. These cases include corrections based
on disputes, or corrections known by the applicable manufacturer or
applicable GPO through another mechanism. For example, if an applicable
manufacturer or applicable group purchasing organization discovers an
error or omission in its annual report, under Sec. 703.908(h),
applicable manufacturers and applicable GPOs must notify CMS
immediately upon discovering errors or omissions in their reports and
must submit corrected information to CMS immediately upon confirmation
of the error or omission. CMS will update the Web site at least once
annually with corrected information. Form Number: CMS-10461 (OCN: 0938-
New). Frequency: Annual; Affected Public: Private Sector (business or
other for-profit and not-for-profit institutions); Number of
Respondents: 396,414. Total Annual Responses: 396,414. Total Annual
Hours: 13,327,065. (For policy questions regarding this collection
contact Doug Brown at 410-786-0028. 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,
[[Page 26371]]
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 June 3, 2013.
OMB, Office of Information and Regulatory Affairs Attention: CMS
Desk Officer Fax Number: (202) 395-6974 Email: OIRA_submission@omb.eop.gov.
Dated: May 1, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic
Operations and Regulatory Affairs.
[FR Doc. 2013-10681 Filed 5-3-13; 8:45 am]
BILLING CODE 4120-01-P
