Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records (CMS-1303-F)

Forms and Documents

Document	Type	Status	Availability
CMS-10207 - Supporting Statement part A [rev 11-15-2013 by OSORA PRA].docx	Supporting Statement A	Uploaded 2013-11-15	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
45541	Physician Representatives -- Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records		Modified
45540	Donors -- Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records		Modified
45539	Physicians -- Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records		Modified
45538	State or National Organizations -- Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records		Modified
181366	Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records (CMS-1303-F)		Removed

ICR Details

OMB Control No: 0938-1009	ICR Reference No: 201311-0938-028
Status: Historical Active	Previous ICR Reference No: 200707-0938-013
Agency/Subagency: HHS/CMS	Agency Tracking No: 20964
Title: Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records (CMS-1303-F)
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/14/2014
	Date Received in OIRA: 11/22/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2017	36 Months From Approved
Responses	17,744	0	0
Time Burden (Hours)	6,363	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: As required by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Improvement Act of 2003, this final rule creates an exception to the physician self-referral prohibition for certain arrangements in which a physician receives non-monetary remuneration in the form of items or services that is necessary and used solely to receive and transmit electronic prescription information. Also, this rule creates a regulatory exception for certain arrangements involving the provision of non-monetary remuneration in the form of electronic health records software or information technology and training services necessary and used predominantly to create, maintain, transmit, and receive electronic health records.

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Authorizing Statute(s): PL: Pub.L. 109 - 171 101 Name of Law: Deficit Reduction Act of 2005
  

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:
	78 FR 40482	07/05/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 67150	11/08/2013
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records (CMS-1303-F)
State or National Organizations -- Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records
Physicians -- Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records
Donors -- Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records
Physician Representatives -- Physician Self-Referral Exceptions for Electronic Prescribing and Electronic Health Records

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ICR Summary 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	17,744	0	0	-1,050	-35,936	54,730
Annual Time Burden (Hours)	6,363	0	0	-2,100	-9,082	17,545
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The annual burden hours has decreased and has been adjusted to account for fewer providers drafting original agreements. The annual number of responses has also decreased and has been adjusted to account for the reduced number of providers adopting this technology because many already have this in place.

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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]? No

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? 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: 11/22/2013

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