Proposed Extension of Existing Collection; Comment Request, 59842-59843 [2019-24078]

Agencies

• DEPARTMENT OF LABOR
• Office of Workers' Compensation Programs

[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59842-59843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24078]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs


Proposed Extension of Existing Collection; Comment Request

AGENCY: Divison of Federal Employees' Compensation, Office of Workers' 
Compensation Programs, Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995. This program helps to ensure that requested data can be 
provided in the desired format, reporting burden (time and financial 
resources) is minimized, collection instruments are clearly understood, 
and the impact of collection requirements on respondents can be 
properly assessed.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before January 6, 2020.

ADDRESSES: You may submit comments by mail, delivery service, or by 
hand to Anjanette Suggs, U.S. Department of Labor, 200 Constitution 
Ave. NW, Room S-3323, Washington, DC 20210; by fax, (202) 354-9660, or 
email to [email protected]. Please use only one method of 
transmission for comments (mail or email).

SUPPLEMENTARY INFORMATION: 
    I. Background: The purpose of the Paperwork Reduction Act of 1995 
(PRA), 44 U.S.C. 3501 et seq., include enhancing the quality and 
utility of information the Federal government requires and minimizing 
the paperwork and reporting burden of affected entitities. The public 
is not required to respond to a collection of information unless it 
displays a currently valid OMB control number (44 U.S.C. 3507). Also, 
notwithstanding any other provisions of law, no person shall be subject 
to penalty for failing to comply with a collection of information if 
there is not a current valid OMB control number (44 U.S.C. 3512).
    The DOL is requesting an approval of an extension of this 
information collection. This information collection is essential to the 
mission of DOL and the Office of Workers' Compensation Programs (OWCP), 
to monitor and assure the appropriate use of opioids and compounded 
drugs in treating employment-related injuries under the Federal 
Employees Compensation Act (FECA), 5 U.S.C. 8101 et seq.
    The FECA statute grants OWCP discretion to provide an injured 
employee the ``services, appliances, and supplies prescribed or 
recommended by a qualified physician'' which OWCP considers ``likely to 
cure, give relief, reduce the degree or the period of disability, or 
aid in lessening the amount of the monthly compensation.'' 5 U.S.C. 
8103. In other words, OWCP is mandated to provide medical supplies and 
services--including prescription drugs such as opioids and compounded 
drugs--that it considers medically necessary. 20 CFR 10.310. The FECA 
statute and implementing regulations are not primarily focused on 
managing doctor/patient decisions relating to medication therapy and, 
with the exception of few limitations on fentanyl (an opioid) and other 
controlled substances, the FECA program policy on pharmacy benefits has 
generally been a policy of payment for prescribed medications in 
accordance with a fee schedule based on a percentage of the average 
wholesale price (AWP) for drugs identified by a National Drug Code 
(NDC). See 20 CFR 10.809. To this end, the FECA program has a prior 
authorization policy (based on medical necessity) for opioid and 
compounded drugs utilizing the pre-authorization authority already 
contained in its regulations at 20 CFR 10.310(a) and Sec.  10.800(b).
    Information collected on the CA-26 and the CA-27, require an 
injured worker's treating physician to answer a number of questions 
about the prescribed opioids and/or compounded drugs and certify that 
they are medically necessary to treat the work-related injury. The 
responses to the questions on the forms are intended to ensure that 
treating physicians have considered non-opioid and non-compounded drug 
alternatives, and are only prescribing the most cost effective and 
medically necessary drugs. The forms also permit OWCP to more easily 
track the volume, type, and characteristics of opioids and compounded 
drugs authorized by the FECA program. The forms serve as a means for 
injured workers to continue receiving opioids and compounded drugs only 
where medically necessary and simultaneously give OWCP greater 
oversight in monitoring their appropriate use and gather additional 
data about their use.
    II. Review Focus: The DOL is particularly interested in comments 
which:
    * Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    * evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    * enhance the quality, utility and clarity of the information to be 
collected; and
    * minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.
    III. Current Actions: The DOL seeks the approval for the extension 
of this currently approved information collection in order to carry out 
its responsibility to meet the statutory requirements of the Federal 
Employees' Compensation Act.
    Agency: Office of Workers' Compensation Programs.
    Type of Review: Extension.
    Title: Authorization and Certification/Letter of Medical Necessity.
    OMB Number: 1240-0055.
    Agency Number: CA-26 and CA-27.
    Affected Public: Individuals or households; Businesses or other 
for-profit.
    Total Respondents: 45,600.
    Total Annual Responses: 45,600.
    Estimated Total Burden Hours: 22,800.
    Estimated Time per Response: 30 minutes.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.

[[Page 59843]]

    Total Burden Cost (operating/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

Ajanette Suggs,
Agency Clearance Officer, Office of Workers' Compensation Programs, US 
Department of Labor.
[FR Doc. 2019-24078 Filed 11-5-19; 8:45 am]
 BILLING CODE 4510-CH-P