Submission for Office of Management and Budget Review; Risk Determination Hearings for Unaccompanied Children (New Collection), 40485-40486 [2024-10188]
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Federal Register / Vol. 89, No. 92 / Friday, May 10, 2024 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
FOR FURTHER INFORMATION CONTACT:
Centers for Medicare & Medicaid
Services
SUPPLEMENTARY INFORMATION:
William Parham at (410) 786–4669.
[Document Identifiers: CMS–10164 A/B]
Agency Information Collection
Activities: Submission for OMB
Review; 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
(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
a second opportunity for public
comment on the notice. Interested
persons are invited to send comments
regarding the burden estimate 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.
SUMMARY:
Comments on the collection(s) of
information must be received by the
OMB desk officer by June 10, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
To obtain copies of a supporting
statement and any related forms for the
proposed collection(s) summarized in
this notice, please access the CMS PRA
website by copying and pasting the
following web address into your web
browser: https://www.cms.gov/
Regulations-and-Guidance/Legislation/
PaperworkReductionActof1995/PRAListing.
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Under the
Paperwork Reduction Act of 1995 (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 (44 U.S.C.
3506(c)(2)(A)) requires federal agencies
to publish a 30-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 that summarizes
the following proposed collection(s) of
information for public comment:
1. Type of Information Collection
Request: Reinstatement with change;
Title of Information Collection:
Medicare Electronic Data Interchange
(EDI) Registration and Electronic Data
Interchange Enrollment Form; Use: The
purpose of this collection is to obtain
information that will be subsequently
used during transaction exchange for
identification of Medicare providers/
suppliers and authorization of requested
electronic data interchange (EDI)
functions. The EDI Registration Form
and the Medicare Enrollment Forms are
completed by Medicare providers/
suppliers and submitted to CMS
Medicare Administrative Contractors
(MACs). Authorization is needed for
providers/suppliers to send/receive
Health Insurance Portability and
Accountability Act (HIPAA) standard
transactions directly (or through a
designated 3rd party) to/from Medicare
contractors. Medicare contractors will
use the information for initial set-up
and maintenance of the access
privileges. CMS has allowed each MAC
to create their own organization specific
forms given they are comparable in
terms of content of forms 10164A and
10164B, to transmit data files
electronically between themselves and
their trading partners. The Standards for
Electronic Transactions final rule, 45
CFR part 162 Subpart K § 162.1101
through Subpart R § 162.1802,
(hereinafter referred to as ‘‘Transactions
Rule’’) published August 17, 2000
adopted standards for health care
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40485
transactions and code sets.1 Subsequent
to the Transactions Rule, CMS–0003–P
and CMS–0005–P proposed
modifications to the adopted standards
essential to permit initial
implementation of the standards
throughout the entire healthcare
industry. Currently, MACs have a
process in place to enroll providers for
electronic billing and other EDI
transactions. In support of the HIPAA
Transactions Rule, the purpose of this
Paperwork Reduction Act (PRA) request
is to establish a prescribed amount of
data that must be submitted by
providers/suppliers that is sufficient to
address all HIPAA transactions. Form
Number: CMS–10164 A/B (OMB control
number: 0938–0983); Frequency: Once;
Affected Public: Private and Business or
other for-profits; Number of
Respondents: 1,181,209; Total Annual
Responses: 1,181,209; Total Annual
Hours: 393,706. (For policy questions
regarding this collection contact
Charlene Parks at (410) 786–8684 or
Charlene.Parks@cms.hhs.gov).
William N. Parham, III,
Director, Division of Information Collections
and Regulatory Impacts, Office of Strategic
Operations and Regulatory Affairs.
[FR Doc. 2024–10255 Filed 5–9–24; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for Office of Management
and Budget Review; Risk
Determination Hearings for
Unaccompanied Children (New
Collection)
Office of Refugee Resettlement;
Administration for Children and
Families; U.S. Department of Health and
Human Services.
ACTION: Request for Public Comments.
AGENCY:
The Office of Refugee
Resettlement (ORR), Administration for
Children and Families (ACF), U.S.
Department of Health and Human
Services (HHS), is requesting approval
from the Office of Management and
Budget (OMB) and inviting public
comments on the proposed information
collection. The request consists of
several forms that will allow the
Unaccompanied Children (UC) Program
to implement a new set of hearings
(‘‘Risk Determination hearings’’), which
SUMMARY:
1 https://www.federalregister.gov/documents/
2000/08/17/00-20820/health-insurance-reformstandards-for-electronic-transactions.
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40486
Federal Register / Vol. 89, No. 92 / Friday, May 10, 2024 / Notices
will serve as due process protections for
children in ORR care.
DATES: Comments due within 30 days of
publication. OMB is required to make a
decision about the collection of
information between 30 and 60 days
after publication of this document in the
Federal Register. Therefore, a comment
is best assured of having its full effect
if OMB receives it within 30 days of
publication.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. You can also obtain
copies of the proposed collection of
information by emailing infocollection@
acf.hhs.gov. Identify all emailed
requests by the title of the information
collection.
SUPPLEMENTARY INFORMATION:
Description: ORR plans to create a
new information collection containing
five instruments in order to implement
the new risk determination hearings for
unaccompanied children. This new
information collection will replace the
Flores bond hearing process. The new
instruments will not take effect until the
underlying regulations at 45 CFR part
410 on which they are based take effect.
The UC Program issued a notice of
proposed rulemaking in October 2023,
which aims to adopt and replace
regulations relating to key aspects of the
placement, care, and services provided
to unaccompanied children referred to
ORR. The UC Program has adjudicated
public comments received and has
announced its intention to publish the
Final Rule on April 30th, 2024; the
Final Rule will take effect 60 days after
publishing.
Risk Determination Hearing Forms:
These forms are provided to
unaccompanied children placed in ORR
custody by their case manager or by
individuals associated with the HHS
Departmental Appeals Board (DAB),
which is responsible for the actual dayto-day logistical operations of these
hearings. These instruments are
provided to unaccompanied children
placed in a restrictive setting
(heightened supervision facilities and
residential treatment center facilities)
upon a finding by ORR that a child
would present a danger to the
community if released, and to
unaccompanied children placed in
other types of facilities upon request.
They will be translated into Spanish
and other languages, as needed.
• Request for Risk Determination
Hearing (Form RDH–1): The
unaccompanied child, the child’s
parent/legal guardian, or the child’s
representative may use this instrument
to request a Risk Determination Hearing.
• Risk Determination Hearing OptOut (Form RDH–2): The unaccompanied
child or the child’s representative may
use this instrument to opt-out of a Risk
Determination Hearing.
• Appointment of Representation for
Risk Determination Hearing (Form
RDH–3): The unaccompanied child or
the child’s parent/legal guardian may
use this instrument to appoint a
representative to act on the child’s
behalf throughout the Risk
Determination Hearing process and
consent to the release of any records
that are related to the child’s case to that
representative.
• Risk Determination Hearing
Transcript Request (Form RDH–4): The
unaccompanied child, the child’s
parent/legal guardian, or the child’s
representative may use this instrument
to request a written transcript of the
Risk Determination Hearing.
• Request for Appeal of Risk
Determination Hearing (Form RDH–5):
The unaccompanied child, the child’s
parent/legal guardian, or the child’s
representative may use this instrument
to appeal the decision of the hearing
officer.
Once the new Risk Determination
Hearing forms are in effect, the UC
Program will prepare a non-substantive
change request to the Office of
Management and Budget (OMB) to
discontinue the use of three instruments
currently approved under the Legal
Services for Unaccompanied Children
information collection (OMB# 0970–
0565). The forms to be replaced by the
Risk Determination Hearing forms
include the following:
• Request for a Flores Bond Hearing
(Form LRG–7)
• Motion Requesting a Bond Hearing—
Secure or Staff Secure (Form LRG–8A)
• Motion Requesting a Bond Hearing—
Non-Secure (Form LRG–8B)
Respondents: ORR grantee and
contractor staff, unaccompanied
children, parents/legal guardians of
unaccompanied children, attorneys of
record, and legal service providers.
ANNUAL BURDEN ESTIMATES
Annual
number of
respondents
Instrument
Request for Risk Determination Hearing (Form RDH–1) ................................
Risk Determination Hearing Opt-Out (Form RDH–2) ......................................
Appointment of Representative for Risk Determination Hearing (Form RDH–
3) ..................................................................................................................
Risk Determination Hearing Transcript Request (Form RDH–4) ....................
Request for Appeal of Risk Determination Hearing (Form RDH–5) ...............
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Estimated Total Annual Burden
Hours: 258.2.
Total
number of
responses per
respondent
1
1
0.17
0.17
42.5
42.5
1000
16
3
1
1
1
0.17
0.17
0.17
170
2.7
.5
Authority: 6 U.S.C. 279; 8 U.S.C. 1232
Mary C. Jones,
ACF/OPRE Certifying Officer.
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Annual
total burden
hours
250
250
[FR Doc. 2024–10188 Filed 5–9–24; 8:45 am]
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Average
burden hours
per response
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]]>Agencies
[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40485-40486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10188]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Submission for Office of Management and Budget Review; Risk
Determination Hearings for Unaccompanied Children (New Collection)
AGENCY: Office of Refugee Resettlement; Administration for Children and
Families; U.S. Department of Health and Human Services.
ACTION: Request for Public Comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), U.S. Department of Health and Human
Services (HHS), is requesting approval from the Office of Management
and Budget (OMB) and inviting public comments on the proposed
information collection. The request consists of several forms that will
allow the Unaccompanied Children (UC) Program to implement a new set of
hearings (``Risk Determination hearings''), which
[[Page 40486]]
will serve as due process protections for children in ORR care.
DATES: Comments due within 30 days of publication. OMB is required to
make a decision about the collection of information between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment is best assured of having its full effect if OMB
receives it within 30 days of publication.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. You can
also obtain copies of the proposed collection of information by
emailing [email protected]. Identify all emailed requests by
the title of the information collection.
SUPPLEMENTARY INFORMATION:
Description: ORR plans to create a new information collection
containing five instruments in order to implement the new risk
determination hearings for unaccompanied children. This new information
collection will replace the Flores bond hearing process. The new
instruments will not take effect until the underlying regulations at 45
CFR part 410 on which they are based take effect. The UC Program issued
a notice of proposed rulemaking in October 2023, which aims to adopt
and replace regulations relating to key aspects of the placement, care,
and services provided to unaccompanied children referred to ORR. The UC
Program has adjudicated public comments received and has announced its
intention to publish the Final Rule on April 30th, 2024; the Final Rule
will take effect 60 days after publishing.
Risk Determination Hearing Forms: These forms are provided to
unaccompanied children placed in ORR custody by their case manager or
by individuals associated with the HHS Departmental Appeals Board
(DAB), which is responsible for the actual day-to-day logistical
operations of these hearings. These instruments are provided to
unaccompanied children placed in a restrictive setting (heightened
supervision facilities and residential treatment center facilities)
upon a finding by ORR that a child would present a danger to the
community if released, and to unaccompanied children placed in other
types of facilities upon request. They will be translated into Spanish
and other languages, as needed.
Request for Risk Determination Hearing (Form RDH-1): The
unaccompanied child, the child's parent/legal guardian, or the child's
representative may use this instrument to request a Risk Determination
Hearing.
Risk Determination Hearing Opt-Out (Form RDH-2): The
unaccompanied child or the child's representative may use this
instrument to opt-out of a Risk Determination Hearing.
Appointment of Representation for Risk Determination
Hearing (Form RDH-3): The unaccompanied child or the child's parent/
legal guardian may use this instrument to appoint a representative to
act on the child's behalf throughout the Risk Determination Hearing
process and consent to the release of any records that are related to
the child's case to that representative.
Risk Determination Hearing Transcript Request (Form RDH-
4): The unaccompanied child, the child's parent/legal guardian, or the
child's representative may use this instrument to request a written
transcript of the Risk Determination Hearing.
Request for Appeal of Risk Determination Hearing (Form
RDH-5): The unaccompanied child, the child's parent/legal guardian, or
the child's representative may use this instrument to appeal the
decision of the hearing officer.
Once the new Risk Determination Hearing forms are in effect, the UC
Program will prepare a non-substantive change request to the Office of
Management and Budget (OMB) to discontinue the use of three instruments
currently approved under the Legal Services for Unaccompanied Children
information collection (OMB# 0970-0565). The forms to be replaced by
the Risk Determination Hearing forms include the following:
Request for a Flores Bond Hearing (Form LRG-7)
Motion Requesting a Bond Hearing--Secure or Staff Secure (Form
LRG-8A)
Motion Requesting a Bond Hearing--Non-Secure (Form LRG-8B)
Respondents: ORR grantee and contractor staff, unaccompanied
children, parents/legal guardians of unaccompanied children, attorneys
of record, and legal service providers.
Annual Burden Estimates
----------------------------------------------------------------------------------------------------------------
Total number Average burden
Instrument Annual number of responses hours per Annual total
of respondents per respondent response burden hours
----------------------------------------------------------------------------------------------------------------
Request for Risk Determination Hearing (Form RDH- 250 1 0.17 42.5
1).............................................
Risk Determination Hearing Opt-Out (Form RDH-2). 250 1 0.17 42.5
Appointment of Representative for Risk 1000 1 0.17 170
Determination Hearing (Form RDH-3).............
Risk Determination Hearing Transcript Request 16 1 0.17 2.7
(Form RDH-4)...................................
Request for Appeal of Risk Determination Hearing 3 1 0.17 .5
(Form RDH-5)...................................
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Burden Hours: 258.2.
Authority: 6 U.S.C. 279; 8 U.S.C. 1232
Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-10188 Filed 5-9-24; 8:45 am]
BILLING CODE 4184-45-P
