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 âin 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).â 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 â 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.