Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget (OMB)

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

[Document Identifier: HCFA-R-137]

Emergency Clearance: Public Information Collection Requirements

Submitted to the Office of Management and Budget (OMB)

AGENCY: Health Care Financing Administration, HHS.

In compliance with the requirement of section 3506(c)(2)(A) of the

Paperwork Reduction Act of 1995, the Health Care Financing

Administration (HCFA), Department of Health and Human Services, is

publishing the following summary of proposed collections for public

comment. Interested persons are invited to send comments regarding this

burden estimate or any other aspect of this collection of information,

including any of the following subjects: (1) The necessity and utility

of the proposed information collection for the proper performance of

the agency's functions; (2) the accuracy of the estimated burden; (3)

ways to enhance the quality, utility, and clarity of the information to

be collected; and (4) the use of automated collection techniques or

other forms of information technology to minimize the information

collection burden.

We are, however, requesting an emergency review of the Information

collections referenced below. In compliance with the requirement of

section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have

submitted to the Office of Management and Budget (OMB) the following

requirements for emergency review. We are requesting an emergency

review because the collection of this information is needed prior to

the expiration of the normal time limits under OMB's regulations at 5

CFR Part 1320. The Agency cannot reasonably comply with the normal

clearance procedures because public harm is likely to result due to the

possibility of the Medicare program being unable to recover mistaken

payments. The collection of this information is needed in order for

Medicare to recover mistaken payments where a group health plan (GHP)

should have paid primary to Medicare. Medicare supplies the

questionnaire/instructions to identified employers and uses the

completed questionnaires to identify situations where Medicare should

pay secondary to a GHP for future claims and/or mistakenly paid primary

to a GHP in the past. The instructions direct employers to supply

information needed for compliance with the Debt Collection Improvement

Act of 1996 (DCIA 1996) and reflect Balanced Budget Act of 1997 (BBA

1997) changes to the Medicare Secondary Payer provisions relating to

end stage renal disease and third party payers, etc. The information

collected for DCIA 1996 compliance will include the names, addresses

and tax identification numbers (TINs) of the following entities: the

GHP, the insurer, any third party administrator for the GHP, any other

plan sponsor, and the claims' processor. (This is in addition to the

TIN information which is already collected with respect to the

employer.)

The above referenced revisions are critical to HCFA compliance with

the DCIA 1996, which in turn is critical to HCFA's goal of obtaining a

clean Office of Inspector General (OIG) audit opinion under the Chief

Financial Officer Act. One of the factors in obtaining a clean opinion

is compliance with applicable statutes and regulations. Additionally,

Congress has expressed a continuing interest in agencies' compliance

with DCIA 1996.

Thus, additional questions and information were incorporated about

these MSP changes in our revised booklet.

We believe that compliance with the Data Match does not impose

capital cost. HCFA continues to strive to make the process as efficient

as possible. We offer the following supporting information:

A. Employers are only required to complete the questionnaires for

those workers who are Medicare beneficiaries (or whose spouses are

Medicare beneficiaries.) They do not complete the questionnaire for

their entire workforce.

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Employers are questioned only when a worker's income is above the

tolerance level.

B. All employers may complete the Data Match questionnaire manually

(handwritten, typed, etc.).

C. Employers with 20 through 499 employees who are Medicare

beneficiaries (or spouses of beneficiaries) for whom they must complete

the questionnaires may submit the Data Match Questionnaire via a

``Bulletin Board.'' The use of the ``Bulletin Board'' requires only

access to a personal computer and a modem.

D. For large employers, whose business is likely to operate in a

mainframe environment with 500 or more employees who are Medicare

beneficiaries (or spouses of beneficiaries) for whom they must complete

the questionnaires, we offer the option of an electronic media

submission of the questionnaire.

In order to capture accurate information in a timely manner, we

would like to expedite the review and clearance process of this booklet

outside of the normal time frame.

HCFA is requesting OMB review and approval of this collection

within eleven working days, with a 180-day approval period. Written

comments and recommendations will be accepted from the public if

received by the individuals designated below within ten working days.

During this 180-day period, we will publish a separate Federal Register

notice announcing the initiation of an extensive 60-day agency review

and public comment period on these requirements. We will submit the

requirements for OMB review and an extension of this emergency

approval.

Type of Information Collection Request: Revision of a currently

approved collection;

Title of Information Collection: Internal Revenue Service/Social

Security Administration/Health Care Financing Administration Data Match

and Supporting Regulations in 42 CFR Section 411.20-411.206;

Form No.: HCFA-R-137 (OMB# 0938-0565);

Use: The purpose of this collection is to save the Medicare

program, money. MSP is essentially the same concept known in the

private insurance industry as coordination of benefits, and refers to

those situations where Medicare assumes a secondary payer role (private

insurance being the primary payer) for covered services provided to a

Medicare beneficiary. It is HCFA's responsibility to implement the

various Medicare Secondary Payer (MSP) provisions;

Frequency: Semi-annually;

Affected Public: Federal Government, Individuals or Households,

Business or other for-profit, Not-for-profit institutions, Farms,

State, and Local or Tribal Government;

Number of Respondents: 276,251;

Total Annual Responses: 276,251;

Total Annual Hours: 1,096,181.

To obtain copies of the supporting statement and any related forms

for the proposed paperwork collections referenced above, access HCFA's

Web Site address at http://www.hcfa.gov/regs/prdact95.htm, or E-mail

your request, including your address, phone number, to

P[email protected], or call the Reports Clearance Office on (410) 786-

1326.

Interested persons are invited to send comments regarding the

burden or any other aspect of these collections of Information

requirements. However, as noted above, comments on these Information

collection and recordkeeping requirements must be mailed and/or faxed

to the designees referenced below, within ten working days:

Health Care Financing Administration, Office of Information Services,

Security and Standards Group, Division of HCFA Enterprise Standards

Attention: Dawn Willinghan Room N2-14-26 7500 Security Boulevard

Baltimore, Maryland 21244-1850; and

Office of Information and Regulatory Affairs, Office of Management and

Budget, Room 10235, New Executive Office Building, Washington, DC

20503, Fax Number: (202) 395-6974 or (202) 395-5167 Attn: Allison

Herron Eydt, HCFA Desk Officer.

Dated: December 30, 1998.

John P. Burke III,

HCFA Reports Clearance Officer, HCFA Office of Information Services,

Security and Standards Group, Division of HCFA Enterprise Standards.

[FR Doc. 99-283 Filed 1-6-99; 8:45 am]

BILLING CODE 4120-03-P