Ambulatory Surgical Center Quality Reporting Program (CMS-10530)

Forms and Documents

Document Name	Status
CMS-10530 ASCQR Supporting Statement B 9-10-21.docx Supporting Statement B	2021-09-10
CMS-10530 ASCQR Supporting Statement A 9-13-21.docx Supporting Statement A	2021-09-13

IC Document Collections

IC ID	Document Title	Status
214868	Ambulatory Surgical Center Quality Reporting (ASCQR) Program Instruction	Modified

ICR Details

OMB Control No: 0938-1270	ICR Reference No: 202108-0938-015
Status: Received in OIRA	Previous ICR Reference No: 202102-0938-007
Agency/Subagency: HHS/CMS	Agency Tracking No: CCSQ
Title: Ambulatory Surgical Center Quality Reporting Program (CMS-10530)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/13/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2024
Responses	1,189,376	672,246
Time Burden (Hours)	303,538	176,096
Cost Burden (Dollars)	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 42 USC 1395 Name of Law: Social Security Act
   PL: Pub.L. 109 - 432 109(b) Name of Law: Tax Relief and Health Care Act of 2006
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AU43	Proposed rulemaking	86 FR 42018	08/04/2021

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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: 1

IC Title	Form No.	Form Name
Ambulatory Surgical Center Quality Reporting (ASCQR) Program	CMS-10530	Data Collection insruments

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ICR Summary of Burden

	Total Request	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	1,189,376	672,246	0	517,130	0	0
Annual Time Burden (Hours)	303,538	176,096	0	127,442	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: Accounting for the increase of 1,152 in ASCs from 3,494 to 4646, the proposal to resume and require data collection for the ASC-1, ASC-2, ASC-3, and ASC-4 measures increases burden from 176,096 hours to 179,194 hours; an increase of 3,098 hours (0.1667 hours/measure x 4 measures x 4,646 ASCs) at a cost of $131,355 (3,098 hours x $42.40). Also, the proposal to require data collection for the ASC-11 measure will result in the remaining 80% of ASCs we previously assumed were not reporting voluntarily to report beginning with the CY 2025 payment determination. Therefore, this proposal increases burden by 60,088 hours (75,110 hours x 80%) at a cost of $2,547,731 ($3,184,664 x 80%). The total number of responses for ASC-1 to 4, ASC-9, ASC-11, ASC-13, and 14 will be (From Tables 2 and 3) 1,189,376 (18,584 + 1,170,792).

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Annual Cost to Federal Government: $12,685,835

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? No

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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: 09/13/2021

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