Agency Information Collection Activities: Proposed Collection; Comment Request

Citation85 FR 58360
Record Number2020-20561
Published date18 September 2020
SectionNotices
CourtCenters For Medicare & Medicaid Services,Health And Human Services Department
Federal Register, Volume 85 Issue 182 (Friday, September 18, 2020)
[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
                [Notices]
                [Pages 58360-58362]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-20561]
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                DEPARTMENT OF HEALTH AND HUMAN SERVICES
                Centers for Medicare & Medicaid Services
                [Document Identifiers CMS-10443, CMS-10265, CMS-10171, and CMS-10291]
                Agency Information Collection Activities: Proposed Collection;
                Comment Request
                AGENCY: Centers for Medicare & Medicaid Services, Health and Human
                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 November 17, 2020.
                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. Call the Reports Clearance Office at (410) 786-1326.
                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-10443 Transcatheter Valve Therapy (TVT) Registry
                CMS-10265 Mandatory Insurer Reporting Requirements of Section 111 of
                the Medicare, Medicaid and SCHIP Act of 2007
                CMS-10171 Part D Coordination of Benefits Data
                CMS-10291 State Collection and Reporting of Dental Provider and Benefit
                Package Information on the Insure Kids Now! Website and Hotline
                 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
                previously approved collection: Title of Information Collection:
                Transcatheter Valve Therapy (TVT) Registry; Use: The data collection is
                required by the Centers for Medicare and Medicaid Services (CMS)
                National Coverage Determination (NCD) entitled, ``Transcatheter Aortic
                Valve Replacement (TAVR)''. The TAVR device is only covered when
                specific conditions are met including that the heart team and hospital
                are submitting data in a prospective, national, audited registry. The
                data includes patient, practitioner and facility level variables that
                predict outcomes such as all cause mortality and quality of life. CMS
                finds that the Society of Thoracic Surgery/American College of
                Cardiology Transcatheter Valve Therapy (STS/ACC TVT) Registry, one
                registry overseen by the National Cardiovascular Data Registry, meets
                the requirements specified in the NCD on TAVR. The TVT Registry will
                support a national
                [[Page 58361]]
                surveillance system to monitor the safety and efficacy of the TAVR
                technologies for the treatment of aortic stenosis.
                 The data will also include the variables on the eight item Kansas
                City Cardiomyopathy Questionnaire (KCCQ-10) to assess heath status,
                functioning and quality of life. In the KCCQ, an overall summary score
                can be derived from the physical function, symptoms (frequency and
                severity), social function and quality of life domains. For each
                domain, the validity, reproducibility, responsiveness and
                interpretability have been independently established. Scores are
                transformed to a range of 0-100, in which higher scores reflect better
                health status.
                 The conduct of the STS/ACC TVT Registry and the KCCQ-10 is in
                accordance with Section 1142 of the Social Security Act (the Act) that
                describes the authority of the Agency for Healthcare Research and
                Quality (AHRQ). Under section 1142, research may be conducted and
                supported on the outcomes, effectiveness, and appropriateness of health
                care services and procedures to identify the manner in which disease,
                disorders, and other health conditions can be prevented, diagnosed,
                treated, and managed clinically. Section 1862(a)(1)(E) of the Act
                allows Medicare to cover under coverage with evidence development (CED)
                certain items or services for which the evidence is not adequate to
                support coverage under section 1862(a)(1)(A) and where additional data
                gathered in the context of a clinical setting would further clarify the
                impact of these items and services on the health of beneficiaries.
                 The data collected and analyzed in the TVT Registry will be used by
                CMS to determine if the TAVR is reasonable and necessary (e.g.,
                improves health outcomes) for Medicare beneficiaries under Section
                1862(a)(1)(A) of the Act. Furthermore, data from the Registry will
                assist the medical device industry and the Food and Drug Administration
                (FDA) in surveillance of the quality, safety and efficacy of new
                medical devices to treat aortic stenosis. For purposes of the TAVR NCD,
                The TVT Registry has contracted with the Data Analytic Centers to
                conduct the analyses. In addition, data will be made available for
                research purposes under the terms of a data use agreement that only
                provides de-identified datasets. Form Number: CMS-10443 (OMB control
                number: 0938-1202); Frequency: Annual; Affected Public: Individuals,
                Households and Private Sector; Number of Respondents: 37,221; Total
                Annual Responses: 148,884; Total Annual Hours: 47,765. (For policy
                questions regarding this collection contact Sarah Fulton at 410-786-
                2749.)
                 2. Type of Information Collection Request: Revision with change of
                a currently approved collection; Title of Information Collection:
                Mandatory Insurer Reporting Requirements of Section 111 of the
                Medicare, Medicaid and SCHIP Act of 2007; Use: The Centers for Medicare
                & Medicaid Services (CMS) collects various data elements from the
                applicable reporting entities (see supporting documents) for purposes
                of carrying out the mandatory MSP reporting requirements of Section
                111of the Medicare, Medicaid and SCHIP Extension Act. This information
                is used to ensure that Medicare makes payment in the proper order and/
                or takes necessary recovery actions. 42 U.S.C. 1395y(b)(7)(A)(i)(II)
                was updated by the Substance Use-Disorder Prevention that Promotes
                Opioid Recovery and Treatment (SUPPORT) for Patients and Communities
                Act. Section 4002 of the SUPPORT Act also applies to Section 111 that
                requires Group Health Plan (GHP) reporting of primary prescription drug
                coverage.
                 MSP is generally divided into ``pre-payment'' and ``post-payment''
                activities. Pre-payment activities are generally designed to stop
                mistaken primary payments in situations where Medicare should be
                secondary. Medicare post-payment activities are designed to recover
                mistaken payments or conditional payments made by Medicare where there
                is a contested liability insurance (including self-insurance), no-fault
                insurance, or workers' compensation which has resulted in a settlement,
                judgment, award, or other payment. CMS specialty contractors perform
                most of the MSP activity.
                Pre-payment
                 The information is collected from applicable reporting entities for
                the purpose of coordination of benefits and the recovery of mistaken
                and conditional payments. Section 111 mandates the reporting of
                information in the form and manner specified by the Secretary, DHHS.
                Data the Secretary collects is necessary for both pre-payment and post-
                payment coordination of benefit purposes, including necessary recovery
                actions.
                 Both GHP and NGHP entities have had and continue to have the
                responsibility for determining when they are primary to Medicare and to
                pay appropriately, even without the mandatory Section 111 process,
                Insurers should always collect the NGHP, GHP and GHP prescription drug
                information that CMS requires in connection with Section 111 of the
                MMSEA. Form Number: CMS-10265 (OMB control number: 0938-1074);
                Frequency: Yearly; Affected Public: Private Sector, Business or other
                for-profits; Number of Respondents: 21,141; Total Annual Responses:
                8,079,697; Total Annual Hours: 618,060. (For policy questions regarding
                this collection contact Richard Mazur at 410-786-1418.)
                 3. Type of Information Collection Request: Revision with change of
                a currently approved collection; Title of Information Collection: Part
                D Coordination of Benefits Data; Use: Sections 1860D-23 and 1860D-24 of
                the Act require the Secretary to establish requirements for
                prescription drug plans to promote effective coordination between Part
                D plans and SPAPs and other payers. These Part D Coordination of
                Benefits (COB) requirements have been codified into the Code of Federal
                Regulations at 42 CFR 423.464. In particular, CMS' requirements relate
                to the following elements: (1) Enrollment file sharing; (2) claims
                processing and payment; (3) claims reconciliation reports; (4)
                application of the protections against high out-of-pocket expenditures
                by tracking TrOOP expenditures; and (5) other processes that the
                Secretary determines.
                 This information collection assists CMS, pharmacists, Part D plans,
                and other payers coordinate prescription drug benefits at the point-of-
                sale and track beneficiary True out-of-pocket (TrOOP) expenditures
                using the Part D Transaction Facilitator (PDTF).
                 The collected information will be used by Part D plans, other
                health insurers or payers, pharmacies and CMS to coordinate
                prescription drug benefits provided to the Medicare beneficiary. Part D
                plans share data with each other and with CMS. The types of data
                collected for sharing include enrollment data, other health insurance
                information, TrOOP and Gross drug spending and supplemental payer data.
                Form Number: CMS-10171 (OMB control number: 0938-0978); Frequency:
                Yearly; Affected Public: State, Local, or Tribal Governments; Number of
                Respondents: 63,910; Total Annual Responses: 770,855,926; Total Annual
                Hours: 938,065. (For policy questions regarding this collection contact
                Chad Buskirk at 410-786-1630.)
                 4. Type of Information Collection Request: Revision of a currently
                approved collection; Title of Information Collection: State Collection
                and Reporting of Dental Provider and Benefit Package Information on the
                Insure Kids Now! Website and Hotline; Use: On the Insure Kids Now (IKN)
                [[Page 58362]]
                website, the Secretary is required to post a current and accurate list
                of dentists and providers that provide dental services to children
                enrolled in the state plan (or waiver) under Medicaid or the state
                child health plan (or waiver) under CHIP. States collect the
                information pertaining to their Medicaid and CHIP dental benefits. Form
                Number: CMS-10291 (OMB control number: 0938-1065); Frequency: Yearly
                and quarterly; Affected Public: State, Local, or Tribal Governments;
                Number of Respondents: 51; Total Annual Responses: 255; Total Annual
                Hours: 11,781. (For policy questions regarding this collection contact
                Andrew Snyder at 410-786-1274.)
                 Dated: September 14, 2020.
                William N. Parham, III,
                Director, Paperwork Reduction Staff, Office of Strategic Operations and
                Regulatory Affairs.
                [FR Doc. 2020-20561 Filed 9-17-20; 8:45 am]
                BILLING CODE 4120-01-P
                

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