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Federal Register / Vol. 71, No.

28 / Friday, February 10, 2006 / Notices 7047

DEPARTMENT OF HEALTH AND beneficiaries; and (2) to reduce drug Service Act (PHS Act) (the HIPAA
HUMAN SERVICES acquisition and billing burdens for nondiscrimination provisions) establish
physicians.; Frequency: Reporting— rules generally prohibiting group health
Centers for Medicare & Medicaid Annually; Affected Public: Business or plans and group health insurance
Services other-for-profit; Number of issuers from discriminating against
[Document Identifier: CMS–10167, CMS– Respondents: 10,000; Total Annual individual participants or beneficiaries
10009, CMS–10001, and CMS–10079] Responses: 10,000; Total Annual Hours: based on any health factor of such
20,000. participants or beneficiaries; Frequency:
Agency Information Collection 2. Type of Information Collection Third party disclosure, Reporting—
Activities: Submission for OMB Request: Extension of a currently Annually; Affected Public: Business or
Review; Comment Request approved collection; Title of other-for-profit, Individuals or
Information Collection: HIPAA Households, Not-for-profit institutions,
AGENCY: Centers for Medicare & Nondiscrimination Provisions
Medicaid Services, HHS. Federal government, and State, Local, or
(Regulation HCFA 2078–P); Form
In compliance with the requirement Tribal Government; Number of
Number: CMS–10009 (OMB#: 0938–
of section 3506(c)(2)(A) of the Respondents: 18; Total Annual
819); Use: The provisions of Title I of
Paperwork Reduction Act of 1995, the Responses: 18; Total Annual Hours:
the Health Insurance Portability and
Centers for Medicare & Medicaid Accountability Act of 1996 (HIPAA) are 194.
Services (CMS), Department of Health designed to make it easier for people to 4. Type of Information Collection
and Human Services, is publishing the get access to health care coverage, to Request: Revision of a currently
following summary of proposed reduce the limitations that can be put on approved collection; Title of
collections for public comment. the coverage, and to make it more Information Collection: Hospital Wage
Interested persons are invited to send difficult for issuers to terminate the Index—Occupational Mix Survey and
comments regarding this burden coverage. Title I provisions are divided Supporting Regulations in 42 CFR
estimate or any other aspect of this into group and individual market 412.230, 412.304, and 413.65; Form
collection of information, including any protections. The group provisions apply Number: CMS–10079 (OMB#: 0938–
of the following subjects: (1) The to employment-related group health 0907); Use: Section 304 of the Medicare,
necessity and utility of the proposed plans and to the issuers who sell Medicaid, and State Children’s Health
information collection for the proper insurance in connection with group Insurance Program (SCHIP) Benefits
performance of the Agency’s function; health plans. Section 2702 of the Public Improvement and Protection Act of
(2) the accuracy of the estimated Health Service Act (PHS Act—the 2000 requires CMS to collect wage data
burden; (3) ways to enhance the quality, HIPAA nondiscrimination provisions)
utility, and clarity of the information to on hospital employees by occupational
establish rules generally prohibiting category, at least once every 3 years in
be collected; and (4) the use of group health plans and group health
automated collection techniques or order to construct an occupational mix
insurance issuers from discriminating adjustment to the wage index. CMS first
other forms of information technology to against individual participants or
minimize the information collection collected occupational mix survey data
beneficiaries based on any health factor in 2003 for the FY 2005 wage index. The
burden. of such participants or beneficiaries;
1. Type of Information Collection next data collection is occurring in 2006
Frequency: Third party disclosure, for the FY 2008 wage index. In response
Request: New collection; Title of Reporting—Annually; Affected Public:
Information Collection: Competitive to industry comments suggesting ways
Business or other-for-profit, Individuals to improve the occupational mix survey,
Acquisition Program (CAP) for Medicare or Households, Not-for-profit
Part B Drugs: CAP Physician Election CMS has revised the survey. The
institutions, Federal government, and purpose of the occupational mix
Agreement; Form Number: CMS–10167 State, Local, or Tribal Government;
(OMB#: 0938–NEW); Use: Beginning in adjustment is to control for the effect of
Number of Respondents: 2600; Total
2006, physicians will have a choice hospitals’ employment choices on the
Annual Responses: 2600; Total Annual
between acquiring and billing for Part B wage index. For example, hospitals may
Hours: 100.
covered drugs under the Average Sales 3. Type of Information Collection choose to employ different
Price (ASP) drug payment methodology Request: Extension of a currently combinations of registered nurses,
or electing to receive these drugs from approved collection; Title of licensed practical nurses, nursing aides,
vendors/suppliers selected for the CAP Information Collection: HIPAA and medical assistants for the purpose
through a competitive bidding process. Nondiscrimination Provisions of providing nursing care to their
The provisions for this new payment (Regulation HCFA 2022–IFC); Form patients. The varying labor costs
system are described in the proposed Number: CMS–10001 (OMB#: 0938– associated with these choices reflect
rule (42 CFR Part 414 Subpart K) 827); Use: The provisions of Title I of hospital management decisions rather
published March 4, 2005 (70 FR 10746), the Health Insurance Portability and than geographic differences in the costs
the interim final rule published July 6, Accountability Act of 1996 (HIPAA) are of labor. Each of the approximately
2005 (70 FR 39022), and a final rule designed to make it easier for people to 3,800 acute care hospital inpatient
(CMS–1502–FC) that published on access health care coverage; to reduce prospective payment system (IPPS)
November 21, 2005. Competitive the limitations that can be put on the providers participating in the Medicare
bidding is seen as a means of using the coverage; and to make it more difficult program will be required to complete
dynamics of the marketplace to provide for issuers to terminate the coverage. the 2006 Medicare Wage Index
incentives for suppliers to provide Title I provisions are divided into group Occupational Mix Survey. The initial
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reasonably priced products and services and individual market protections. The survey will be forwarded via email to all
of high quality in an efficient manner. group provisions apply to employment- of CMS’s fiscal intermediaries;
The CAP’s objectives include the related group health plans and to the Frequency: Reporting—Other,
following: (1) To provide an alternative issuers who sell insurance in Triennially; Affected Public: Business or
method for physicians to obtain Part B connection with group health plans. other for-profit and Not-for-profit
drugs to administer to Medicare Section 2702 of the Public Health institutions; Number of Respondents:

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7048 Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices

3,800; Total Annual Responses: 3,800; minimize the information collection participation. This form is used by State
Total Annual Hours: 608,000. burden. surveyors to record data about a
To obtain copies of the supporting 1. Type of Information Collection hospice’s compliance with these
statement and any related forms for Request: Extension of a currently conditions of participation in order to
these paperwork collections referenced approved collection; Title of initiate the certification or
above, access CMS Web site address at Information Collection: Comprehensive recertification process; Form Number:
http://www.cms.hhs.gov/ Outpatient Rehabilitation Facility CMS–643 (OMB#: 0938–0379);
PaperworkReductionActof1995, or e- (CORF) Eligibility and Survey Forms Frequency: Reporting—Annually;
mail your request, including your and Information Collection Affected Public: Not-for-profit
address, phone number, OMB number, Requirements at 42 CFR 485.56, 485.58, institutions and Business or other for-
and CMS document identifier, to 485.60, 485.64, 485.66 and 410.105; profit; Number of Respondents: 2,293;
Paperwork@cms.hhs.gov, or call the Use: In order for a provider to Total Annual Responses: 475; Total
Reports Clearance Office on (410) 786– participate in the Medicare program as Annual Hours: 238.
1326. a CORF, a provider must meet the To obtain copies of the supporting
To be assured consideration, Federal conditions of participation. The statement and any related forms for the
comments and recommendations for the form CMS–359 is utilized as an proposed paperwork collections
proposed information collections must application for facilities wishing to referenced above, access CMS’ Web site
be received by the OMB Desk Officer at participate in the Medicare/Medicaid address at http://www.cms.hhs.gov/
the address below, no later than 5 p.m. program as CORFs. This form initiates PaperworkReductionActof1995, or E-
on March 13, 2006. OMB Human the process of obtaining a decision as to mail your request, including your
Resources and Housing Branch, whether the conditions of participation address, phone number, OMB number,
Attention: Carolyn Lovett, CMS Desk are met. The form CMS–360 is an and CMS document identifier, to
Officer, New Executive Office Building, instrument used by the State survey Paperwork@cms.hhs.gov, or call the
Room 10235, Washington, DC 20503. agency to record data collected in order Reports Clearance Office on (410) 786–
to determine the provider compliance 1326.
Dated: February 3, 2006. with individual conditions of To be assured consideration,
Michelle Shortt, participation and to report it to the comments and recommendations for the
Director, Regulations Development Group, Federal government; Form Numbers: proposed information collections must
Office of Strategic Operations and Regulatory CMS–359, 360, R–55 (OMB#: 0938– be received at the address below, no
Affairs. 0267); Frequency: Reporting—On later than 5 p.m. on April 11, 2006.
[FR Doc. E6–1819 Filed 2–9–06; 8:45 am] occasion; Affected Public: State, Local, CMS, Office of Strategic Operations and
BILLING CODE 4120–01–P or Tribal government and Business or Regulatory Affairs, Division of
other for-profit; Number of Regulations Development—A,
Respondents: 630; Total Annual Attention: Melissa Musotto (CMS–359,
DEPARTMENT OF HEALTH AND Responses: 630; Total Annual Hours: 360, R–55; CMS–368, R–144; and CMS–
HUMAN SERVICES 300,046. 643) Room C4–26–05, 7500 Security
2. Type of Information Collection Boulevard, Baltimore, Maryland 21244–
Centers for Medicare & Medicaid Request: Revision of a currently
Services 1850.
approved collection; Title of
Dated: January 31, 2006.
[Document Identifier: CMS–359, 360, R–55;
Information Collection: State Medicaid
Drug Rebate; Use: Section 1927 of the Michelle Shortt,
CMS–368, R–144; and CMS–643] Director, Regulations Development Group,
Social Security Act requires each State
Medicaid agency to report quarterly Office of Strategic Operations and Regulatory
Agency Information Collection Affairs.
Activities: Proposed Collection; prescription drug utilization
information to drug manufacturers and [FR Doc. E6–1820 Filed 2–9–06; 8:45 am]
Comment Request
to the Centers for Medicare and BILLING CODE 4120–01–P
AGENCY: Centers for Medicare & Medicaid Services. As part of this
Medicaid Services, HHS. information, the State Medicaid
In compliance with the requirement agencies are required to report the total DEPARTMENT OF HEALTH AND
of section 3506(c)(2)(A) of the Medicaid rebate amount they claim they HUMAN SERVICES
Paperwork Reduction Act of 1995, the are owed by each drug manufacturer for Food and Drug Administration
Centers for Medicare & Medicaid each covered prescription drug product
Services (CMS) is publishing the each quarter; Form Numbers: CMS–368, [Docket No. 2004D–0369]
following summary of proposed R–144 (OMB#: 0938–0582); Frequency:
collections for public comment. Reporting—Quarterly; Affected Public: Agency Information Collection
Interested persons are invited to send State, Local, or Tribal government; Activities; Submission for Office of
comments regarding this burden Number of Respondents: 51; Total Management and Budget Review;
estimate or any other aspect of this Annual Responses: 204; Total Annual Comment Request; Recommendations
collection of information, including any Hours: 9,389. for the Early Food Safety Evaluation of
of the following subjects: (1) The 3. Type of Information Collection New Non-Pesticidal Proteins Produced
necessity and utility of the proposed Request: Extension of a currently by New Plant Varieties Intended for
information collection for the proper approved collection; Title of Food Use
performance of the agency’s functions; Information Collection: Hospice Survey AGENCY: Food and Drug Administration,
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(2) the accuracy of the estimated and Deficiencies Report Form and HHS.
burden; (3) ways to enhance the quality, Supporting Regulations at 42 CFR ACTION: Notice.
utility, and clarity of the information to 442.30 and 488.26; Use: In order to
be collected; and (4) the use of participate in the Medicare program, a SUMMARY: The Food and Drug
automated collection techniques or hospice must meet certain Federal Administration (FDA) is announcing
other forms of information technology to health and safety conditions of that a proposed collection of

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