The Improper Payments Information Act
(IPIA) of 2002 requires CMS to produce national error rates for
Medicaid and SCHIP. To comply with the IPIA, CMS needs the
information to be collected in order to provide some Federal
overview of state eligibility determinations to ensure correctness
and consistency among states and to use the State-specific error
rates as the basis for calculating national eligibility error rates
for Medicaid and SCHIP.
SUBJECT: Request for
Emergency Clearance of the Paperwork Reduction Act Packages for the
Payment Error Rate Measurement Program. The Centers for Medicare
and Medicaid Services (CMS) is requesting that an information
collection request (ICR) for the Payment Error Rate Measurement
(PERM) be processed under the emergency clearance process, as
stated in 5 CFR 1320.13(a)(2)(iii). Approval of this request is
essential in order to comply with the current PERM regulation in
which States participating in the cycle are responsible for
calculating their eligibility error rates and submitting them to
CMS. The current OMB approved package does not include this
requirement that is still necessary for the current PERM fiscal
year cycle. Background To implement the requirements of IPIA, CMS
developed the PERM program. Under PERM, reviews are conducted in
three areas for both the Medicaid and CHIP programs: 1)
Fee-for-Service, 2) Managed Care and 3) Program Eligibility. Under
the eligibility component, States draw monthly samples of cases and
verify eligibility for each case based on State and Federal
policies. These reviews result in an eligibility error rate that is
included in the national payment error rates for Medicaid and CHIP.
States are measured in a 17-State, three year rotation and
therefore is measured once every three years. The Children's Health
Insurance Program Reauthorization Act (CHIPRA) was enacted February
4th, 2009. Section 601(b) of CHIPRA requires CMS to have a final
rule in effect for all States within six months of the enactment of
the law. CMS immediately submitted an emergency justification to
make necessary changes to the PRA package for the PERM eligibility
component to coincide with the new regulation that was required by
law. The most notable changes to the package were: o Allowing for
the Medicaid Eligibility Quality Control (MEQC) burden estimates
under OMB control numbers 0938-0146 and 0938-0246 to be used to
comply with some of the PERM requirements per Section 601(e) of
CHIPRA. o Allowing for the PERM eligibility burden estimates under
OMB control number 0938-1012 to be used to comply with some of the
MEQC requirements per Section 601(e) of CHIPRA. o Removing the
burden estimates under OMB control number 0938-1012 for form
CMS-10184E for States to calculate and submit their respective
eligibility error rates to CMS. Unfortunately CMS was not able to
publish and have the regulation in effect in the six month time
period. Based on some of the changes, which now become effective in
FY 2010 or FY 2011, when specified, under the new PERM final rule,
the current PRA package, especially for form CMS-10184E is in
conflict with the current regulation that the FY 2009 States are
operating under.
PL:
Pub.L. 107 - 300 2 Name of Law: The Improper Payments
Information Act of 2002
There is a PERM cycle of States
that are still subject to the current final rule in which States
are responsible for calculating their eligibility error rates and
submitting them to CMS. Therefore we are reinstating the burden for
the current cycle of States that are still administering PERM under
the current regulation.
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.