Agency Information Collection Activities: Proposed Collection; Comment Request

Published date18 March 2019
Citation84 FR 9801
Record Number2019-05029
SectionNotices
CourtCenters For Medicare & Medicaid Services,Health And Human Services Department
Federal Register, Volume 84 Issue 52 (Monday, March 18, 2019)
[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
                [Notices]
                [Pages 9801-9802]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-05029]
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                DEPARTMENT OF HEALTH AND HUMAN SERVICES
                Centers for Medicare & Medicaid Services
                [Document Identifier CMS-10157]
                Agency Information Collection Activities: Proposed Collection;
                Comment Request
                AGENCY: Centers for Medicare & Medicaid Services, HHS.
                ACTION: Notice.
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                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 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 May 17, 2019.
                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
                http://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.
                 2. Email your request, including your address, phone number, OMB
                number, and CMS document identifier, to [email protected].
                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-10157 The HIPAA Eligibility Transaction System (HETS)
                 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
                [[Page 9802]]
                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: Revision of a currently
                approved collection; Title of Information Collection: The HIPAA
                Eligibility Transaction System (HETS); Use: HIPAA regulations require
                covered entities to verify the identity of the person requesting PHI
                and the person's authority to have access to that information. Under
                the HIPAA Security rules, covered entities, regardless of their size,
                are required under 45 CFR Subtitle A, Subpart C 164.312(a)(2)(i) to
                ``assign a unique name and/or number for identifying and tracking user
                identity.'' A 'user' is defined in 164.304 as a ``person or entity with
                authorized access'' Accordingly, the HIPAA Security rule requires
                covered entities to assign a unique name and/or number to each employee
                or workforce member who uses a system that receives, maintains or
                transmits electronic PHI so that system access and activity can be
                identified and tracked by user. This pertains to workforce members
                within small or large provider offices, health plans, group health
                plans, and clearinghouses. Federal law requires that CMS take
                precautions to minimize the security risk to the federal information
                system. Federal Information Processing Standards Publication(FIPS PUB)
                1() 1-2 Paragraph 11.7--Security and Authentication states that:
                ``Agencies shall employ risk management techniques to determine the
                appropriate mix of security controls needed to protect specific data
                and systems. The selection of controls shall take into account
                procedures required under applicable laws and regulations.''
                Accordingly, CMS requires that entities who wish to connect to the HETS
                application via the CMS Extranet and/or internet are uniquely
                identified. CMS is required to verify the identity of the person
                requesting the Protected Health Information (PHI) and the person's
                authority to have access to Medicare eligibility information.
                Furthermore, CMS requires that trading partners who wish to conduct
                eligibility transactions on a real-time basis with CMS provide certain
                assurances as a condition of receiving access to the Medicare
                eligibility information for the purpose of conducting real-time 270/271
                inquiry/response transactions. Form Number: CMS-10157 (OMB control
                number: 0938-0960); Frequency: Yearly; Affected Public: Private Sector;
                Business or other for profits, Not-for-Profits Institutions; Number of
                Respondents: 1000; Total Annual Responses: 1000; Total Annual Hours:
                250. (For policy questions regarding this collection contact Rupinder
                Singh at 410 786-7484.)
                 Dated: March 13, 2019.
                William N. Parham, III,
                Director, Paperwork Reduction Staff, Office of Strategic Operations and
                Regulatory Affairs.
                [FR Doc. 2019-05029 Filed 3-15-19; 8:45 am]
                 BILLING CODE 4120-01-P
                

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