OMB notes that on January 25, 2017, the U.S. District Court for the Eastern District of Texas enjoined the Department of Health and Human Services from implementing its interim final rule published on December 14, 2016, "Medicare Program; Conditions for Coverage for End-Stage Renal Disease Facilities-Third Party Payment" (81 FR 90211). Accordingly, the disclosure requirements in 42 CFR 494.70(c) and 494.180(k) associated with this interim final rule are not approved for use at this time.
Inventory as of this Action
Requested
Previously Approved
07/31/2020
36 Months From Approved
07/31/2017
170,424
0
142,660
1,162,829
0
524,661
0
0
0
The CfCs were amended to create new disclosure requirements to prevent inappropriate steering of dialysis patients into individual market health plans rather than Medicare and/or Medicaid. These require certain facilities to make disclosures of premium assistance payments made by dialysis suppliers, funds available to patients, and complete information about the extents and limitations of all coverage options.
The estimated burden for this request is based on the current number of Medicare- participating ESRD facilities, with a prediction for 255 new facilities each year. Changes to ongoing burden reflect these new facility counts. There have been new paperwork requirements implemented since the last revision of CM-R-52. We estimate the average number of existing facilities each year from 2017 to 2021 to be 7,000 facilities. Since these provisions are currently in effect, we are using 2015 estimates of the numbers for new and renovated dialysis facilities for one- time burdens.
$1,300,000
No
No
Yes
No
No
Uncollected
Denise King 410 786-1013 Denise.King@cms.hhs.gov
No
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:
(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;
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.
CMS-R-52 Final Supporting Statement - revised 6-23-17.docx
42 CFR 494.180(k)