Reform of Requirements for Long-Term Care Facilities (CMS-10573)

Forms and Documents

Document Name	Status
CMS-10573 and 0938-1363 Supporting Statement 02-22-22 508 Compliant.docx Supporting Statement A	2022-06-09

IC Document Collections

IC ID	Document Title	Status
254164	483.80(h)	New
254163	483.80(g)	New
254162	483.80(d)(3)(vi) & (vii)	New
254161	483.80(d)(3)(iv)	New
254159	483.80(d)(3)(ii) & (iii)	New
254157	483.80(d)(3).	New
236471	483.95(g)	Removed
236470	483.95(f)	Removed
236469	483.95(a) through 483.95(e)	Removed
236468	483.90(i)(5)	Removed
236467	483.85(e)	Modified
236464	483.85(d)(1)	Removed
236463	483.80(a)	Modified
236462	483.70(e)	Modified
236461	483.460(i)(3)	Removed
236460	483.60(c)(4)	Modified
236459	483.55	Removed
236458	483.25(n)(2)	Modified
236457	483.21(c)	Modified
236456	483.21(b)(2)(ii)	Modified
236455	483.21(a)	Modified
236454	483.15(c)(4)	Modified
236452	483.10(j)	Removed
236451	485.10(g)(17)	Modified
236450	483.10(f)(4)(v) through 483.10(f)(4)(vi)	Removed
236448	483.10(c)(2)	Modified
236417	483.85(c)	Removed
236416	483.85(b)	Removed
236414	483.75(b)(2)	Removed
236412	483.75(a)	Modified

ICR Details

OMB Control No: 0938-1363	ICR Reference No: 202206-0938-011
Status: Received in OIRA	Previous ICR Reference No: 201901-0938-005
Agency/Subagency: HHS/CMS	Agency Tracking No: CCSQ
Title: Reform of Requirements for Long-Term Care Facilities (CMS-10573)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/09/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	18,658,854	8,860,061
Time Burden (Hours)	29,935,899	4,095,643
Cost Burden (Dollars)	0	0

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Abstract: Long term care facilities are required to maintain certain documentation within their own agency records that demonstrates compliance with specific requirements for participation in the Medicare and Medicaid programs. This documentation is maintained on-site for use in the long term care facility survey process. This information collection request ICR is for approval of a revision of the currently approved ICR. With this submission, we have updated the current number of long-term care (LTC) facilities, the salaries of the positions used in this analysis, and new ICs created by rules published since the current package was approved. These ICs, as discussed in the supporting statement, are necessary to implement the Requirements for LTC facilities for all 15,600 LTC facilities.

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Authorizing Statute(s): US Code: 42 USC 1396r Name of Law: Social Security Act
   US Code: 42 USC 1395i-3 Name of Law: Social Security Act
  

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 14536	03/15/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 35216	06/09/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 18

IC Title	Form No.	Form Name
483.10(c)(2)
483.10(f)(4)(v) through 483.10(f)(4)(vi)
483.10(j)
483.15(c)(4)
483.21(a)
483.21(b)(2)(ii)
483.21(c)
483.25(n)(2)
483.460(i)(3)
483.55
483.60(c)(4)
483.70(e)
483.75(a)
483.75(b)(2)
483.80(a)
483.80(d)(3)(ii) & (iii)
483.80(d)(3)(iv)
483.80(d)(3)(vi) & (vii)
483.80(d)(3).
483.80(g)
483.80(h)
483.85(b)
483.85(c)
483.85(d)(1)
483.85(e)
483.90(i)(5)
483.95(a) through 483.95(e)
483.95(f)
483.95(g)
485.10(g)(17)

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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	18,658,854	8,860,061	0	9,798,793	0	0
Annual Time Burden (Hours)	29,935,899	4,095,643	0	25,840,256	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The estimated burden hours and costs were modified in this PRA package due to a revision in the estimates for the number of LTC facilities, residents, and admissions/re-admissions. In addition, the estimates were modified as indicated by the mean hourly wage in the BLS data from May, 2020. Some of the burden accounted for in the 2019 PRA package was for the development of policies or procedures. At this time, all of the LTC facilities should have developed the necessary policies and procedures to comply with the requirements. Based upon our experience with LTC facilities, we have reassessed the burden for several sections. As described in “Section I. 483.80 Infection control,” two rules were published since the 2019 PRA package and those COI requirements are accounted for in this 2022 package. The burden hours increased approximately from 4.1 mil to 30 mil.

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Annual Cost to Federal Government: $5,000,000

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? Yes

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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: 06/09/2022

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