Sections 109(b) of the Tax Relief and
Health Care Act of 2006 (TRHCA) (Pub. L. 109-432) amended section
1833(i) of the Social Security Act by re-designating clause (iv) as
clause (v) and adding new clause (iv) to paragraph (2)(D) and
adding new paragraph (7). Section 1833(i)(2)(D)(iv) of the Act
authorizes, but does not require, the Secretary to implement the
revised ASC payment system “in a manner so as to provide for a
reduction in any annual update for failure to report on quality
measures in accordance with paragraph (7).” Section 1833(i)(7)(B)
of the Social Security Act provides that, except as the Secretary
may otherwise provide, the hospital outpatient quality data
provisions of subparagraphs (B) through (E) of section 1833(t)(17)
of the Act shall apply to ASCs in a similar manner to the manner in
which they apply under these paragraphs to hospitals under the
Hospital Outpatient Quality Reporting Program. Importantly, section
1833(t)(17)(B) of the Act requires that hospitals (or in this
instance, ambulatory surgical centers) submit quality data in a
form and manner, and at a time, that the Secretary specifies, or
incur a reduction in their annual payment update by 2.0 percentage
points.
In the CY 2020 OPPS/ASC Final
Rule, CMS is finalizing the addition of one measure for which the
burden is nominal to the ASCQR Program beginning with the CY 2024
payment determination. Therefore, we estimate no change in burden
due to our finalized policies for the ASCQR Program. As stated in
section B.12.b.(2), in this PRA package we have adjusted our burden
calculations to account for the inclusion of the web-based portion
of burden associated with the submission of ASC-9, ASC-11, ASC-13
and ASC-14. Based on these adjustments to burden for both the CY
2021 and CY 2022 payment determinations, we estimate a decrease in
burden of 2,064 hours (202, 592 – 200,528 = 2,064) and an increase
of $369,690.
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.