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Regulation for Submission of Evidence - Title 38 CFR 17.101(a)(4)

60 Day FRN_Published

OMB: 2900-0606

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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
seeking input on these and other data
fields to be considered and information
on the costs associated with submitting
this information.
Recommendation 4—FMCSA should
structure a user-friendly version of the
MCMIS data file used as input to SMS
without any personally identifiable
information to facilitate its use by
external parties, such as researchers,
and by carriers. In addition, FMCSA
should make user-friendly computer
code used to compute SMS elements
available to individuals in accordance
with reproducibility and transparency
guidelines.
FMCSA Comments
FMCSA agrees that there could be
benefits from making MCMIS data
available to researchers and carriers.
Through this Federal Register notice,
FMCSA seeks input on how the MCMIS
data would be used by researchers and
others to determine the best method(s)
for providing the data file.
The Agency is considering developing
the programming, screen shots, and
preview capacity so that changes from
one month to another are explained to
motor carriers to help carriers
understand the implications of
violations and crashes on their SMS
data. Input on the information that
would be helpful in reviewing SMS data
is requested through this notice.
Recommendation 5—FMCSA should
undertake a study to better understand
the statistical operating characteristics
of the percentile ranks to support
decisions regarding the usability of
public scores.

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FMCSA Comments
Like NAS, FMCSA has been unable to
quantify the impacts to motor carriers of
publicly displaying the SMS
percentiles. The Agency has only
anecdotal information about the
business impacts of the public
percentiles on the SMS Web site.
Historically, insurance companies and
shippers have been reluctant to share
data on how safety data is used to
determine rates. And, while the Agency
has been contacted by companies
advising that they lost business because
of SMS, these claims have not been
validated or assimilated into a usable
analysis.
Through this notice, FMCSA seeks
data from motor carriers, insurance
companies, and shippers regarding the
impacts of the public display of SMS
percentiles and alerts on businesses.
This information will be used to
identify next steps for this
recommendation.

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Recommendation 6—Given that there
are good reasons for both an absolute
and a relative metric on safety
performance, FMCSA should decide on
the carriers that receive SMS alerts
using both the SMS percentile ranks and
the SMS measures, and the percentile
ranks should be computed both
conditionally within safety event groups
and over all motor carriers.
FMCSA Comments
The Agency has heard from motor
carriers with increased measures or
percentiles due to an increase in
vehicles or clean inspections. Analysis
of the number of carriers that received
higher measures and percentiles
without a violation or crash indicates
this happens to a very small number of
carriers. However, FMCSA agrees that
the methodology should be revised so
that a safety event that is not a violation
or a crash is not the sole reason for an
increased measure or percentile.
In addition, FMCSA anticipates
investigating the use of a hybrid
measure that combines relative and
absolute metrics as part of its
development of the IRT model. FMCSA
seeks comment from stakeholders on
this issue, how it could be
implemented, and when such changes
would be appropriate.
Issued under the authority delegated in 49
CFR 1.87 on: August 21, 2017.
John Van Steenburg,
Assistant Administrator/Chief Safety Officer.
[FR Doc. 2017–18183 Filed 8–25–17; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0606]

Agency Information Collection
Activity: Regulation for Submission of
Evidence
Veterans Health
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:

Veterans Health
Administration, Department of Veterans
Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of a currently approved

SUMMARY:

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collection, and allow 60 days for public
comment in response to the notice.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before October 27, 2017.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Brian McCarthy, Veterans Health
Administration, Office of Regulatory
and Administrative Affairs (10B4),
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420 or email to Brian.McCarthy4@
va.gov. Please refer to ‘‘OMB Control
No. 2900–0606’’ in any correspondence.
During the comment period, comments
may be viewed online through FDMS.
FOR FURTHER INFORMATION CONTACT:
Brian McCarthy at (202) 461–6345.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995, Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VHA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VHA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VHA’s estimate of
the burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Authority: U.S. Code: 38 U.S.C. 1729.
Title: Regulation for Submission of
Evidence—Title 38 CFR 17.101(a)(4).
OMB Control Number: 2900–0606.
Type of Review: Renewal of a
currently approved collection.
Abstract: Under the provisions of 38
CFR, Section 17.101(a)(4), entitled
‘‘Amount of Recovery or Collection—
Third Party Liability’’, a third-party
payer that is liable for reimbursing VA
for health care VA provided to Veterans
with non- service-connected conditions
continues to have the option of paying
either the billed charges as described in
Section 17.101 or the amount the health
plan demonstrates it would pay to
providers other than entities of the
United States for the same care or
services in the same geographic area. If

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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices

the amount submitted for payment is
less than the amount billed, VA will
accept the submission as payment,
subject to verification at VA’s
discretion. A VA employee having
responsibility for collection of such
charges may request that the third party
payer submit evidence or information to
substantiate the appropriateness of the
payment amount (e.g., health plan
policies, provider agreements, medical
evidence, proof of payment to other
providers demonstrating the amount
paid for the same care and services VA
provided). This information would be
needed to determine whether the thirdparty payer has met the test of properly
demonstrating its equivalent private
sector provider payment amount for the
same care or services and within the
same geographic area as provided by
VA. This form provides for requesting
patient medical records, health plan
policies, provider agreements and any
type or records that provide evidence of
medical services and proof of payments
made to others for the same medical
care and services.
If VA accepts the submitted payment
that is less than the billed charges, the
third party payer can be subject to rate
verification. In the event that rate
verification is conducted, the results can
be used to negotiate better rates, recoup
underpayments, or amend agreements.
Absent a third party payer agreement,
VA should also be reimbursed billed
charges or the amount third party payers
would pay to non-government entities.
Affected Public: Individuals and
households.
Estimated Annual Burden: 800 hours.
Estimated Average Burden per
Respondent: 120 minutes.
Frequency of Response: Annually.
Estimated Number of Respondents:
400.
By direction of the Secretary.
Cynthia Harvey-Pryor,
Department Clearance Officer Office of
Quality and Compliance, Department of
Veterans Affairs.
[FR Doc. 2017–18158 Filed 8–25–17; 8:45 am]
BILLING CODE 8320–01–P

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DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0219]

Agency Information Collection
Activity: CHAMP VA Benefits—
Application, Claim, Other Health
Insurance & Potential Liability
Veterans Health
Administration, Department of Veterans
Affairs.

AGENCY:

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ACTION:

Notice.

Veterans Health
Administration, Department of Veterans
Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
revision of a currently approved
collection, and allow 60 days for public
comment in response to the notice.

SUMMARY:

Written comments and
recommendations on the proposed
collection of information should be
received on or before October 27, 2017.

DATES:

Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Brian McCarthy, Veterans Health
Administration, Office of Regulatory
and Administrative Affairs (10B4),
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420 or email to Brian.McCarthy4@
va.gov. Please refer to ‘‘OMB Control
No. 2900–0219’’ in any correspondence.
During the comment period, comments
may be viewed online through FDMS.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Brian McCarthy at (202) 461–6345.
SUPPLEMENTARY INFORMATION:

Under the PRA of 1995, Federal
agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct or sponsor.
This request for comment is being made
pursuant to Section 3506(c)(2)(A) of the
PRA.
With respect to the following
collection of information, VHA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VHA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VHA’s estimate of
the burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Authority: 38 U.S.C. Sections 501 and
1781, 10 U.S.C. Sections 1079 and 1086,
42 U.S.C. Sections 2651, 2652 and 2653.

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Title: CHAMP VA Benefits—
Application, Claim, Other Health
Insurance & Potential Liability.
OMB Control Number: 2900–0219.
Type of Review: Revision of a
currently approved collection.
Titles:
1. VA Form 10–10d, Application for
CHAMPVA Benefits
2. VA Form 10–7959a, CHAMPVA
Claim Form
3. VA Form 10–7959c, CHAMPVA
Other Health Insurance (OHI)
Certification
4. VA Form 10–7959d, CHAMPVA
Potential Liability Claim
5. VA Form 10–7959e, VA Claim for
Miscellaneous Expenses
6. Payment (beneficially claims)
7. Review and Appeal Process
8. Clinical Review
OMB Control Number: 2900–0219.
Type of Review: Revision of a
currently approved collection.
Abstracts:
1. VA Form 10–10d, Application for
CHAMPVA Benefits, is used to determine
eligibility of persons applying for healthcare
benefits under the CHAMPVA program in
accordance with 38 U.S.C. Sections 501 and
1781.
2. VA Form 10–7959a, CHAMPVA Claim
Form, is used to adjudicate claims for
CHAMPVA benefits in accordance with 38
U.S.C. Sections 501 and 1781, and 10 U.S.C.
Sections 1079 and 1086. This information is
required for accurate adjudication and
processing of beneficiary submitted claims.
The claim form is also instrumental in the
detection and prosecution of fraud. In
addition, the claim form is the only
mechanism to obtain, on an interim basis,
other health insurance (OHI) information.
3. Except for Medicaid and health
insurance policies that are purchased
exclusively for the purpose of supplementing
CHAMPVA benefits, CHAMPVA is always
the secondary payer of healthcare benefits
(38 U.S.C. Sections 501 and 1781, and 10
U.S.C. Section 1086). VA Form 10–7959c,
CHAMPVA—Other Health Insurance (OHI)
Certification, is used to systematically obtain
OHI information and to correctly coordinate
benefits among all liable parties.
4. The Federal Medical Care Recovery Act
(42 U.S.C. 2651–2653), mandates recovery of
costs associated with healthcare services
related to an injury/illness caused by a third
party. VA Form 10–7959d, CHAMPVA
Potential Liability Claim, provides basic
information from which potential liability
can be assessed. Additional authority
includes 38 U.S.C. Section 501; 38 CFR 1.900
et seq.; 10 U.S.C. Sections 1079 and 1086; 42
U.S.C. Sections 2651–2653; and Executive
Order 9397.
5. VA Form 10–7959e, VA Claim for
Miscellaneous Expenses, information
collection is needed to carry out the health
care programs for certain children of Korea
and/or Vietnam veterans authorized under 38

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