Application and Triennial Re-application to Be a Qualified Entity to Receive Medicare Data for Performance Measurement (ACA Section 10332) (CMS-10394)

Forms and Documents

Document Name	Status
Form CMS-10394 Application and Re-application processes Form and Instruction	Modified
0938-1144 Change crosswalk_20220330.pdf Supplementary Document	2022-04-11
CMS_10394_Statement_Part_A_.docx Supporting Statement A	2022-04-04

IC Document Collections

IC ID	Document Title	Status
198017	Application and Re-application processes Form and Instruction	Modified

ICR Details

OMB Control No: 0938-1144	ICR Reference No: 202203-0938-012
Status: Received in OIRA	Previous ICR Reference No: 201806-0938-005
Agency/Subagency: HHS/CMS	Agency Tracking No: OEDA
Title: Application and Triennial Re-application to Be a Qualified Entity to Receive Medicare Data for Performance Measurement (ACA Section 10332) (CMS-10394)
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/11/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	30	0
Time Burden (Hours)	3,800	0
Cost Burden (Dollars)	0	0

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Abstract: Section 10332 of the Patient Protection and Affordable Care Act (ACA) requires the Secretary to make standardized extracts of Medicare claims data under Parts A, B, and D available to ''qualified entities'' for the evaluation of the performance of providers of services and suppliers. The statute provides the Secretary with discretion to establish criteria to determine whether an entity is qualified to use claims data to evaluate the performance of providers of services and suppliers. We are proposing at section CFR 401.703 to evaluate an organization's eligibility across three areas: organizational and governance capabilities, addition of claims data from other sources (as required in the statute), and data privacy and security. This is the application through which organizations will provide information to CMS to determine whether they will be approved as a qualified entity.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 10332 Name of Law: Availability of Medicare Data for Performance Measurement
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 3301	01/21/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 19517	04/04/2022
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
Application and Re-application processes	CMS-10394, CMS-10394, CMS-10394, CMS-10394, CMS-10394, CMS-10394	Application ,   QECP Measure Production QA Worksheet ,   QECP Measure Information Workbook ,   QECP Phase 1 Data Source Attestation Requirements ,   Qualified Entity Certification Program Data Security Review (QECP DSR) ,   Letter of Commitment Template

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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	30	0	0	20	0	10
Annual Time Burden (Hours)	3,800	0	0	-1,200	0	5,000
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Changes presented in this collection resulted in a decrease in burden of 1,200 hours were due to 1) decrease in burden associated with QECP Application; 2) decrease in burden associated with triennial Reapplication; and 3) combining Application and Re-Application into one data collection request.

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Annual Cost to Federal Government: $449,276

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]? Yes

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: 04/11/2022

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