Agency Information Collection Activities: Proposed Collection; Comment Request, 71502-71503 [2021-27224]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 71502 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices Available Information. FAR provision 52.209–7, Information Regarding Responsibility Matters, requires each offeror to represent whether it has current active Federal contracts and grants with a total value greater than $10 million. The provision also requires each offeror to post in the Federal Awardee Performance and Integrity Information System (FAPIIS), as required by maintaining an active registration in the System for Award Management (SAM), information on whether the offeror and/or any of its principals has, or has not, within the past five years, in connection with the award to or performance by the offeror of a federal contract or grant, been the subject of a proceeding, at the Federal or State level, that resulted in: (a) A criminal conviction in the case of a criminal proceeding; (b) The finding of fault and liability in a civil proceeding resulting in the payment of $5,000 or more in damages, restitution, reimbursement, fine or penalty; (c) The finding of fault and liability in an administrative proceeding resulting in the payment of a monetary fine or penalty of $5,000 or more, or the payment of a reimbursement, restitution, or damages in excess of $100,000; or (d) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgement of fault by the contractor if the proceeding could have led to any of the outcomes specified in (4)(a) through (c) above. Paragraph (a) of the FAR clause 52.209–9, Updates of Publicly Available Information Regarding Responsibility Matters, requires contractors to update the information in FAPIIS on a semiannual basis, throughout the life of the contract, by posting the information in SAM. Paragraph (c) of the FAR clause 52.209–9 informs contractors of their ability to provide feedback on information posted by the Government in FAPIIS and the procedure to follow in the event information exempt from public disclosure is slated to become publicly available information in FAPIIS. 5. FAR 52.209–11, 52.209–12, and 52.212–3(q), Prohibition on Contracting With Corporations with Delinquent Taxes or a Felony Conviction. FAR provision 52.209–11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, and its equivalent for commercial acquisitions at FAR 52.212– 3(q), require offerors to represent whether the offeror is a corporation that— VerDate Sep<11>2014 16:54 Dec 15, 2021 Jkt 256001 • Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and • Was convicted of a felony criminal violation under a Federal law within the preceding 24 months. FAR provision 52.209–12, Certification Regarding Tax Matters, require offerors proposing a total contract price that will exceed $5.5 million (including options) to certify that, to the best of the offeror’s knowledge and belief, it— • Has filed all Federal tax returns required during the three years preceding the certification; • Has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and • Has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. 6. FAR 52.209–13, Violations of Arms Control Treaties or Agreements with the United States. Unless the offeror is providing evidence of a waiver or determination in accordance with paragraph (b)(2) of the FAR provision at 52.209–13, Violation of Arms Control Treaties or Agreements—Certification, paragraph (b)(1) of the provision requires offerors to certify that— • The offeror does not engage and has not engaged in any activity that contributed to or is a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a); and • No entity owned or controlled by the offeror is an entity organized under the laws of such country, that engages or has engaged in any activity that contributed to or is a significant factor in the President’s or Secretary of State’s PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Contracting officers use the collected information described above to determine an offeror’s responsibility for contract award. C. Annual Burden Respondents: 1,802,621. Total Annual Responses: 1,953,229. Total Burden Hours: 547,110. Obtaining Copies: Requesters may obtain a copy of the information collection documents from the GSA Regulatory Secretariat Division, by calling 202–501–4755 or emailing GSARegSec@gsa.gov. Please cite OMB Control No. 9000–0198, Certain Federal Acquisition Regulation Part 9 Requirements. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2021–27240 Filed 12–15–21; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier CMS–10524 and CMS– 906] Agency Information Collection Activities: Proposed Collection; Comment Request Centers for Medicare & Medicaid Services, Health and Human Services (HHS). ACTION: Notice. AGENCY: 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 SUMMARY: E:\FR\FM\16DEN1.SGM 16DEN1 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency’s functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden. DATES: Comments must be received by February 14, 2022. 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 https:// 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: ll, 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’ website address at website address at https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing.html. FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786–4669. 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–10524 Medicare Program; Prior Authorization Process for Certain Durable Medical Equipment, Prosthetic, Orthotics, and Supplies (DMEPOS) CMS–906 Fiscal Soundness Reporting Requirements (FSRR) Under the PRA (44 U.S.C. 3501– 3520), federal agencies must obtain VerDate Sep<11>2014 16:54 Dec 15, 2021 Jkt 256001 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 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; Prior Authorization Process for Certain Durable Medical Equipment, Prosthetic, Orthotics, and Supplies (DMEPOS); Use: Section 1834(a)(15) of the Social Security Act (the Act) authorizes the Secretary to develop and periodically update a list of DMEPOS that the Secretary determines, on the basis of prior payment experience, are frequently subject to unnecessary utilization and to develop a prior authorization process for these items. Pursuant to this authority, CMS published final rules CMS–6050–F and CMS–1713–F. The information required under this collection is used to determine proper payment and coverage for DMEPOS items. The information requested includes all documents and information that demonstrate the DMEPOS item requested is reasonable and necessary for the beneficiary and meets applicable Medicare requirements. The documentation will be reviewed by trained registered nurses, therapists, or physician reviewers to determine if item(s) or service requested meets all applicable Medicare coverage, coding and payment rules. Form Number: CMS–10524 (OMB control number: 0938–1293); Frequency: Occasionally; Affected Public: Private Sector (Business or other for-profits, Not-for-Profit Institutions); Number of Respondents: 273,305; Total Annual Responses: 273,305; Total Annual Hours: 136,652. (For policy questions regarding this collection contact Stephanie Collins at (410) 786–0959.) 2. Type of Information Collection Request: Extension of a currently approved collection; Title of PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 71503 Information Collection: Fiscal Soundness Reporting Requirements (FSRR); Use: Title 18 Section 1857(d)(4)(A)(i) requires that contracting organizations such as Medicare Health Plans (including Medicare Advantage (MA) organizations, Medicare-Medicaid Capitated Financial Alignment Demonstrations (MMPs)) and 1876 Cost Plans), Prescription Drug Plan sponsors (PDPs), and Programs of All-Inclusive Care for the Elderly (PACE) organizations report financial information demonstrating the organization has a fiscally sound operation. The FSRR is designed to capture financial data of these contracting entities. The Division of Finance and Benefits (DFB) within the Medicare Advantage Contract Administration Group (MCAG) of CMS is assigned the responsibility of reviewing ongoing financial performance of the contracting entities. All contracting organizations must submit audited annual financial statements one time per year. In addition to the audited annual submission, Health Plans with a negative net worth and/or a net loss and the amount of that loss is greater than one-half of the organization’s total net worth submit quarterly financial statements for fiscal soundness monitoring. Part D organizations are required to submit three (3) quarterly financial statements. Lastly, PACE organizations are required to file four (4) quarterly financial statements for the first three (3) years in the program. After the first three (3) years, PACE organizations with a negative net worth and/or a net loss and the amount of that loss is greater than one-half of the organization’s total net worth must submit quarterly financial statements for fiscal soundness monitoring. Form Number: CMS–906 (OMB control number: 0938–0496); Frequency: Quarterly and Yearly; Affected Public: Private Sector (Business or other forprofits, Not-for-Profit Institutions); Number of Respondents: 936; Total Annual Responses: 1,958; Total Annual Hours: 652. (For policy questions regarding this collection contact Christa M. Zalewski at (410) 786–1971.) Dated: December 13, 2021. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2021–27224 Filed 12–15–21; 8:45 am] BILLING CODE 4120–01–P E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71502-71503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27224]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-10524 and CMS-906]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

-----------------------------------------------------------------------

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

[[Page 71503]]

burden estimates or any other aspect of this collection of information, 
including the necessity and utility of the proposed information 
collection for the proper performance of the agency's functions, the 
accuracy of the estimated burden, ways to enhance the quality, utility, 
and clarity of the information to be collected, and the use of 
automated collection techniques or other forms of information 
technology to minimize the information collection burden.

DATES: Comments must be received by February 14, 2022.

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 
https://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' website address at website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.

FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.

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-10524 Medicare Program; Prior Authorization Process for Certain 
Durable Medical Equipment, Prosthetic, Orthotics, and Supplies (DMEPOS)
CMS-906 Fiscal Soundness Reporting Requirements (FSRR)

    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 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; 
Prior Authorization Process for Certain Durable Medical Equipment, 
Prosthetic, Orthotics, and Supplies (DMEPOS); Use: Section 1834(a)(15) 
of the Social Security Act (the Act) authorizes the Secretary to 
develop and periodically update a list of DMEPOS that the Secretary 
determines, on the basis of prior payment experience, are frequently 
subject to unnecessary utilization and to develop a prior authorization 
process for these items. Pursuant to this authority, CMS published 
final rules CMS-6050-F and CMS-1713-F.
    The information required under this collection is used to determine 
proper payment and coverage for DMEPOS items. The information requested 
includes all documents and information that demonstrate the DMEPOS item 
requested is reasonable and necessary for the beneficiary and meets 
applicable Medicare requirements. The documentation will be reviewed by 
trained registered nurses, therapists, or physician reviewers to 
determine if item(s) or service requested meets all applicable Medicare 
coverage, coding and payment rules. Form Number: CMS-10524 (OMB control 
number: 0938-1293); Frequency: Occasionally; Affected Public: Private 
Sector (Business or other for-profits, Not-for-Profit Institutions); 
Number of Respondents: 273,305; Total Annual Responses: 273,305; Total 
Annual Hours: 136,652. (For policy questions regarding this collection 
contact Stephanie Collins at (410) 786-0959.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Fiscal Soundness 
Reporting Requirements (FSRR); Use: Title 18 Section 1857(d)(4)(A)(i) 
requires that contracting organizations such as Medicare Health Plans 
(including Medicare Advantage (MA) organizations, Medicare-Medicaid 
Capitated Financial Alignment Demonstrations (MMPs)) and 1876 Cost 
Plans), Prescription Drug Plan sponsors (PDPs), and Programs of All-
Inclusive Care for the Elderly (PACE) organizations report financial 
information demonstrating the organization has a fiscally sound 
operation. The FSRR is designed to capture financial data of these 
contracting entities. The Division of Finance and Benefits (DFB) within 
the Medicare Advantage Contract Administration Group (MCAG) of CMS is 
assigned the responsibility of reviewing ongoing financial performance 
of the contracting entities.
    All contracting organizations must submit audited annual financial 
statements one time per year. In addition to the audited annual 
submission, Health Plans with a negative net worth and/or a net loss 
and the amount of that loss is greater than one-half of the 
organization's total net worth submit quarterly financial statements 
for fiscal soundness monitoring. Part D organizations are required to 
submit three (3) quarterly financial statements. Lastly, PACE 
organizations are required to file four (4) quarterly financial 
statements for the first three (3) years in the program. After the 
first three (3) years, PACE organizations with a negative net worth 
and/or a net loss and the amount of that loss is greater than one-half 
of the organization's total net worth must submit quarterly financial 
statements for fiscal soundness monitoring. Form Number: CMS-906 (OMB 
control number: 0938-0496); Frequency: Quarterly and Yearly; Affected 
Public: Private Sector (Business or other for-profits, Not-for-Profit 
Institutions); Number of Respondents: 936; Total Annual Responses: 
1,958; Total Annual Hours: 652. (For policy questions regarding this 
collection contact Christa M. Zalewski at (410) 786-1971.)

    Dated: December 13, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-27224 Filed 12-15-21; 8:45 am]
BILLING CODE 4120-01-P
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