Medicare and Medicaid; Programs For All-Inclusive Care For The Elderly (PACE) Contained in 42 CFR 460.12-460.210

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CMS-R 244-Supporting Statement for PACE Final 11 07 06.doc	Supporting Statement A	Uploaded 2006-11-09	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
8559	Medicare and Medicaid; Programs For All-Inclusive Care For The Elderly (PACE) Contained in 42 CFR 460.12-460.210		Modified
46621	Medicare and Medicaid; Programs For All-Inclusive Care For The Elderly (PACE) Contained in 42 CFR 460.12-460.210		New

ICR Details

OMB Control No: 0938-0790	ICR Reference No: 200701-0938-006
Status: Historical Active	Previous ICR Reference No: 200512-0938-002
Agency/Subagency: HHS/CMS	Agency Tracking No:
Title: Medicare and Medicaid; Programs For All-Inclusive Care For The Elderly (PACE) Contained in 42 CFR 460.12-460.210
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 01/05/2007
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/22/2007
	Date Received in OIRA: 01/03/2007
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2007	6 Months From Approved	02/28/2009
Responses	108	0	54
Time Burden (Hours)	44,131	0	44,378
Cost Burden (Dollars)	0	0	0

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Abstract: Pursuant to section 902 of the MMA 3 year deadline we are finalizing the November 24, 1999 interim final rule with comment and the October 1, 2002 interim final rule with comment, thereby retaining the PACE program regulations. In this final rule we are adding the requirement that PACE organizations establish policies and procedures for members of the governing body to disclose and recuse in the event of a direct or indirect conflict of interest. We are also adding that disclosure be document ed.

Emergency Justfication: The reporting requirements being filed under this review do not represent substantively new processes for PACE providers. The reporting requirements have been updated in specific areas to provide a mechanism for disclosure and recusal in the event of a conflict of interest involving members of the PACE governing body or their immediate family members, and removes the requirement that PACE organizations must furnish a copy of signed contracts for inpatient care facilities to CMS and the State administering agency. Concurrent with the Federal Register posting, CMS will announce and post this document on www.cms.hhs.gov. CMM requests that the PRA Federal Register be published on November 24, 2006 and that the comment period run until December 8, 2006. CMM is requesting OMB approval by December 15, 2006. Note that the Medicare and Medicaid Programs: Programs of All-inclusive Care for the Elderly (PACE); Program Revisions final rule, CMS-1201-F, will publish on November 24, 2006 and will become effective on December 22, 2006 (30 days after publication) and the reporting requirements will also become effective on December 22, 2006.

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Authorizing Statute(s): PL: Pub.L. 105 - 33 4801 Name of Law: the Balanced Budget Act of 1997
   PL: Pub.L. 106 - 554 903 Name of Law: Medicare, Medicaid and SCHIP Benefits Improvement Act of 2000
   US Code: 42 USC 1894 Name of Law: PAYMENTS TO, AND COVERAGE OF BENEFITS UNDER PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY
   US Code: 42 USC 1934 Name of Law: PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY
  

Citations for New Statutory Requirements: US Code: 42 USC 1894 Name of Law: PAYMENTS TO, AND COVERAGE OF BENEFITS UNDER PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AN83	Final or interim final rulemaking	71 FR 71244	12/08/2006

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	71 FR 71176	12/08/2006
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Medicare and Medicaid; Programs For All-Inclusive Care For The Elderly (PACE) Contained in 42 CFR 460.12-460.210
Medicare and Medicaid; Programs For All-Inclusive Care For The Elderly (PACE) Contained in 42 CFR 460.12-460.210

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ICR Summary of Burden

table that charts list of burden

	Total Approved	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	108	54	0	54	0	0
Annual Time Burden (Hours)	44,131	44,378	54	8,440	-8,741	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: No

Burden Reduction Due to:

Short Statement: We are adding requirement to provide for mechanism to disclose and recusal in the event of a direct or indirect conflict of interest by members of the governing body or their immediate family members. Due to the nature of PACE where conflict of interest is common, we are providing a mechanism whereby the PACE organization must develop policies and procedures for dealing with direct or indirect conflict of interest by members of the governing body or their immediate family members. As all the PACE demonstration waiver programs have transitioned to permanent provider status and we receive less than 10 applications per year we have omitted the one time application burden from the total annual burden totals.

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Annual Cost to Federal Government: $0

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

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: 12/15/2006

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