Submission of Information for the Hospital Outpatient Quality Data Program

Forms and Documents

Document Name	Status
Form CMS-10250 Submission of Information for the Hospital Outpatient Quality Data Program Form and Instruction	Modified
CMS-10250 Supporting Statement Part B_FINAL.doc Supporting Statement B	2008-10-20
CMS-10250 Supporting Statement - Part A _FINAL.doc Supporting Statement A	2008-10-20

IC Document Collections

IC ID	Document Title	Status
183593	Submission of Information for the Hospital Outpatient Quality Data Program Form and Instruction	Modified
183592	Submission of Information for the Hospital Outpatient Quality Data Program	Modified

ICR Details

OMB Control No: 0938-1044	ICR Reference No: 200810-0938-018
Status: Historical Inactive	Previous ICR Reference No: 200801-0938-009
Agency/Subagency: HHS/CMS	Agency Tracking No:
Title: Submission of Information for the Hospital Outpatient Quality Data Program
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Withdrawn	Conclusion Date: 01/08/2009
	Date Received in OIRA: 10/31/2008
Terms of Clearance: This ICR is withdrawn per 1/2/09 memo. CMS agrees to resubmit this ICR as "existing collection in use without OMB control number." Further, prior to resubmission, CMS agrees to revise the supporting statement and burden estimation to account for the new quality reporting requirements in effect for 2009 due to the most recent OPPS payment year rule. Finally, CMS agrees to report these burdens as violations--one for the FY 2008 ICB and one for the FY 2009 ICB--as CMS did not submit this ICR for approval prior to the effective dates of the respective regulations. Once the new ICR is approved, CMS shall discontinue this OMB control number and use the new ICR for purposes of ongoing and future information collections under the quality reporting sections of the OPPS payment rule. CMS is reminded of the requirements under the PRA for submitting ICRs associated with rulemaking and the importance of seeking approval for them prior to the rules going into effect.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The submission of outpatient hospital quality of care information builds on the requirement to submit such data for inpatient hospital care as required under 501(b) of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA) (Pub. L. 108-173). The requirement to submit hospital quality of care information is intended to empower consumers with quality of care information to make more informed decisions about their health care while also encouraging hospitals and clinicians to improve the quality of care. This information is used by CMS to direct its contractor, including Quality Improvement Organizations (QIOs), to focus on particular areas of improvement, and to develop quality improvement initiatives.

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Authorizing Statute(s): PL: Pub.L. 109 - 432 109(b) Name of Law: Quality reporting for outpatient services and ambulatory surgical centers
   US Code: 42 USC 1395(I) Name of Law: Prospective payment system for hospital outpatient department services
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AO71	Final or interim final rulemaking	72 FR 66580	11/27/2007

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 57034	10/05/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 71141	12/14/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Submission of Information for the Hospital Outpatient Quality Data Program	CMS-10250, CMS-10250	CMS-10259. HOPQDRP Attestation Form ,   CMS-10250. Notice of Participation
Submission of Information for the Hospital Outpatient Quality Data Program

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Section 109(a) of the Tax Relief and Health Care Act of 2006 (TRHCA) (Pub. L. 109-432) amended section 1833(t) of the Social Security Act by adding a new subsection (17) that affects the payment rate update applicable to Outpatient Prospective Payment System (OPPS) payments for services furnished by hospitals in outpatient settings on or after January 1, 2009. New section 1833(t)(17)(A) of the Act, which applies to hospitals as defined under section 1886(d)(1)(B) of the Act, requires that hospitals that fail to report data required for quality measures selected by the Secretary in the form and manner required by the Secretary under section 1833(t)(17)(B) of the Act will incur a reduction in their annual payment update factor to the hospital outpatient department fee schedule by 2.0 percentage points. New sections 1833(t)(17)(C)(i) and (ii) of the Act require the Secretary to develop measures appropriate for the measurement of the quality of care furnished by hospitals in outpatient settings.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/29/2008

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