Reform of Requirements for Long-Term Care Facilities (CMS-10573)

Forms and Documents

Document Name	Status
CMS-10573 response to comments 06.26.2024.docx Supplementary Document	2024-07-25
CMS-10573 Supporting Statement (Updates for CMS-3442-F) 07.22.2024 clean.docx Supporting Statement A	2024-07-25

IC Document Collections

IC ID	Document Title	Status
269621	483.71(b)	New
269620	483.35(b)	New
254164	483.80(h)	Unchanged
254163	483.80(g)	Unchanged
254162	483.80(d)(3)(vi) & (vii)	Unchanged
254161	483.80(d)(3)(iv)	Unchanged
254159	483.80(d)(3)(ii) & (iii)	Unchanged
254157	483.80(d)(3).	Unchanged
236467	483.85(e)	Unchanged
236463	483.80(a)	Unchanged
236462	483.71	Modified
236460	483.60(c)(4)	Unchanged
236458	483.25(n)(2)	Unchanged
236457	483.21(c)	Unchanged
236456	483.21(b)(2)(ii)	Unchanged
236455	483.21(a)	Unchanged
236454	483.15(c)(4)	Unchanged
236451	485.10(g)(17)	Unchanged
236448	483.10(c)(2)	Unchanged
236412	483.75(a)	Unchanged

ICR Details

OMB Control No: 0938-1363	ICR Reference No: 202407-0938-017
Status: Received in OIRA	Previous ICR Reference No: 202206-0938-011
Agency/Subagency: HHS/CMS	Agency Tracking No: CCSQ
Title: Reform of Requirements for Long-Term Care Facilities (CMS-10573)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/25/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2026
Responses	18,687,318	18,658,854
Time Burden (Hours)	30,206,846	29,935,790
Cost Burden (Dollars)	0	0

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Abstract: Long term care facilities are required to maintain certain documentation within their own agency records that demonstrates compliance with specific requirements for participation in the Medicare and Medicaid programs. This documentation is maintained on-site for use in the long term care facility survey process. In this submission, we are revising the information collection request to add information collection requirements for the nursing services requirements at §483.35 and revise the existing information collection requirements for the facility assessment requirements at §483.70(e) (new §483.71).

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Authorizing Statute(s): US Code: 42 USC 1395i-3 Name of Law: Social Security Act
   US Code: 42 USC 1396r Name of Law: Social Security Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 26892	04/16/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 60427	07/25/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 20

IC Title	Form No.	Form Name
483.10(c)(2)
483.15(c)(4)
483.21(a)
483.21(b)(2)(ii)
483.21(c)
483.25(n)(2)
483.35(b)
483.60(c)(4)
483.71
483.71(b)
483.75(a)
483.80(a)
483.80(d)(3)(ii) & (iii)
483.80(d)(3)(iv)
483.80(d)(3)(vi) & (vii)
483.80(d)(3).
483.80(g)
483.80(h)
483.85(e)
485.10(g)(17)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	18,687,318	18,658,854	0	28,464	0	0
Annual Time Burden (Hours)	30,206,846	29,935,790	0	271,056	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The 2024 rule finalized new requirements for LTCFs in §§483.35 Nursing services and 483.71 (formerly 483.70(e)) Facility assessment. The burden hours increased from 29,935,790 to 30,206,846.

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Annual Cost to Federal Government: $5,000,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

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

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

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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: 07/25/2024

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