In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
09/30/2023
36 Months From Approved
10/31/2023
51
0
51
2,142
0
2,142
0
0
0
For states to receive FFP for DSH payments, federal law requires states to submit an annual independent certified audit, which includes a Data Element Report describing DSH payments made to each DSH hospital.
States are responsible for obtaining the independent audit on an annual basis, and providing the auditor and the DSH hospitals subject to audit with instructions on the data elements necessary to ensure compliance. Hospitals in turn must make available the applicable cost and revenue data for auditors, who compile data, then assess and calculate findings. Their work product includes the Data Element Report, supporting documentation, verifications, and other materials as necessary.
The Data Element Report must identify each disproportionate share hospital that received a DSH payment adjustment, and provide any other information the Secretary needs to ensure the appropriateness of the payment amount. The annual certified independent audit also includes specific verifications to make sure all DSH payments are appropriate.
The revision is associated with our February 24, 2023 (88 FR 11865) proposed rule (CMS-2445-P, RIN 0938-AV00) which would require an additional data element to be included as part of the audit report, specifically as an additional element in the Data Element Report, for the quantification of audit findings. The added data element would add 150 hours of burden. We believe this change is a non-substantive change since auditors are already engaged in a focused review of available documentation to quantify the aggregate amounts that comprise each of the existing data elements required under 42 CFR 447.299(c).
Outside of and unrelated to the proposed rule we have adjusted our active number of respondents from 51 to 50 as Massachusetts is excluded from the estimated number of respondents as it currently does not complete DSH audits because its entire DSH allotment amount is diverted for payments under a section 1115 demonstration project. The District of Columbia is included in our active estimate and remains as is. At 42 hr/response and 1 response/year, we are adjusting our active time estimate by minus 42 hr.
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.
Form CMS-R-266 Crosswalk: Data Element Report
CMS-R-266 - Supporting Statement A (CMS-2445-P version 7).docx
Data Element Report