Conditions of Participation for Community Mental Health Centers and Supporting Regulations (CMS-10506)

Forms and Documents

Document Name	Status
CMS 10506 Supporting Statement CMHC 8-7-2018 clean.docx Supporting Statement A	2018-09-24

IC Document Collections

IC ID	Document Title	Status
233176	485.914(d) Record updated assessment	New
210877	42 CFR 485.918(b)(1)(v) Organization, governance, administration of services and partial hospitalization	Unchanged
210876	42 CFR 485.917 Quality assessment and performance improvement.	Unchanged
210875	42 CFR 485.916(d) Treatment team, active treatment plan, and coordination of services	Modified
210874	42 CFR 485.916(c) Treatment team, active treatment plan, and coordination of services	Unchanged
210873	42 CFR 485.910(f)(4) Client Rights	Unchanged
210872	42 CFR 485.910(e)(4)(v) Client Rights	Unchanged
210871	42 CFR 485.910(d)(4) Client Rights	Unchanged
210870	42 CFR 485.910(d)(2) Client Rights	Unchanged
210869	42 CFR 485.910(a)(3) - Client Rights	Unchanged
210868	42 CFR 485.910(a)(1) - Client Rights	Unchanged

ICR Details

OMB Control No: 0938-1245	ICR Reference No: 201809-0938-006
Status: Historical Inactive	Previous ICR Reference No: 201707-0938-012
Agency/Subagency: HHS/CMS	Agency Tracking No: 21616
Title: Conditions of Participation for Community Mental Health Centers and Supporting Regulations (CMS-10506)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 09/28/2018
	Date Received in OIRA: 09/25/2018
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2021	36 Months From Approved	01/31/2021
Responses	18,586	0	18,586
Time Burden (Hours)	2,091	0	2,091
Cost Burden (Dollars)	0	0	0

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Abstract: The information collection requirements contained in this information collection request are among other requirements classified as (or known as) the CoPs which are based on criteria prescribed in law and are standards designed to ensure that each facility has properly trained staff to provide the appropriate safe physical environment for patients. These particular standards reflect comparable standards developed by industry organizations such as the Joint Commission. The primary users of this information will be State agency surveyors, CMS and community mental health centers (CMHCs )for the purpose of ensuring compliance with Medicare CoPs as well as ensuring the quality of care provided by CMHCs to patients.

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Authorizing Statute(s): PL: Pub.L. 101 - 508 4162 Name of Law: Omnibus Budget Reconciliation Act of 1990
   US Code: 42 USC 1395k Name of Law: Scope of benefits; definitions
   US Code: 42 USC 1395x(ff)(3) Name of Law: Health Insurance for Aged and Disabled
  

Citations for New Statutory Requirements: PL: Pub.L. 101 - 508 4162 Name of Law: Omnibus Budget Reconciliation Act of 1990
US Code: 42 USC 1395k Name of Law: SCOPE OF BENEFITS
US Code: 42 USC 1395x(ff)(3) Name of Law: Health Insurance for Aged and Disabled

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AT23	Proposed rulemaking	83 FR 47686	09/20/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
42 CFR 485.910(a)(1) - Client Rights
42 CFR 485.910(a)(3) - Client Rights
42 CFR 485.910(d)(2) Client Rights
42 CFR 485.910(d)(4) Client Rights
42 CFR 485.910(e)(4)(v) Client Rights
42 CFR 485.910(f)(4) Client Rights
42 CFR 485.916(c) Treatment team, active treatment plan, and coordination of services
42 CFR 485.916(d) Treatment team, active treatment plan, and coordination of services
42 CFR 485.917 Quality assessment and performance improvement.
42 CFR 485.918(b)(1)(v) Organization, governance, administration of services and partial hospitalization
485.914(d) Record updated assessment

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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: There has been a small change in overall burden due to burden hours now being accounted for in the update to the active treatment plan requirement. While in the past we believed that updating clients active treatment plan was considered to be a usual and customary practice, recent comments from the CMHC provider community, submitted in response to CMS’ solicitation for public comments pertaining to burden reduction suggestions, suggested otherwise. Therefore, we are revising our burden calculations to reflect this new information as well as to reflect changes to the CMHC assessment update requirements made as part of CMS rulemaking titled “Medicare and Medicaid Programs; Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction.” The burden hours have increased from 2,091 to 3,218

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 09/25/2018

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