Special Requirements for Rural Emergency Hospitals (REHs) (CMS-10863)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CMS-10863 Supporting Statement for Special Requirements for REHs.08.23.23.docx	Supporting Statement A	Uploaded 2023-08-28	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
261878	Special Requirements for Rural Emergency Hospitals (REHs)		New

ICR Details

OMB Control No:	ICR Reference No: 202308-0938-010
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: HHS/CMS	Agency Tracking No: CCSQ
Title: Special Requirements for Rural Emergency Hospitals (REHs) (CMS-10863)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/28/2023

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	68	0
Time Burden (Hours)	272	0
Cost Burden (Dollars)	0	0

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Abstract: This is a request for a new information collection request related to the special requirements for Rural Emergency Hospitals (REHs) and is associated with final rulemaking. The statutory authority for REHs as a new provider type, effective January 1, 2023, is set forth at §125 of the Consolidated Appropriations Act (CAA), 2021, which added §1861(kkk) to the Social Security Act (the Act). In the final rule, which went on display on the Federal Register website on August 1, 2023, we finalized new regulations which implement requirements for the additional information that an eligible facility is required to submit when applying for enrollment as a Rural Emergency Hospital (REH), as required by section 125 of the Consolidated Appropriations Act (CAA), 2021. We also finalized updates to certain definitions in the survey and certification regulations to include REHs as a provider type. Specifically, we finalized updates to “Provider of services or provider” at 42 CFR 488.1; to “Statutory basis” at §488.2; “Documentation of findings” at §488.18; and “Requirements for providers” at §489.102. In this final rule, we also finalized new regulations at 42 CFR § 488.70, titled Special Requirements for Rural Emergency Hospitals, which codify the statutory requirement that eligible facilities that submit an application for enrollment as an REH under section 1866(j) of the Act must also submit additional information and also what information must be submitted. In an earlier final rule that was published on November 23, 2022 (87 FR 71748), we finalized regulations which set forth the eligibility requirements for REHs, including the type of health care facilities that are eligible to apply for participation and an REH, and a requirement that eligible facilities be enrolled and certified to participate in Medicare as of December 27, 2020. Also in the November 23, 2022 final rule, CMS established REH CoPs at new Subpart E of 42 CFR Part 485, which are Medicare standard REHs must meet to ensure the health and safety of patients who will receive REH services.

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Authorizing Statute(s): US Code: 42 USC 1395X Name of Law: Social Security Act
   PL: Pub.L. 116 - 260 125 Name of Law: Consolidated Appropriations Act of 2021
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AV08	Final or interim final rulemaking	88 FR 26658	05/01/2023

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 26658	05/01/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 58640	08/28/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Special Requirements for Rural Emergency Hospitals (REHs)

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ICR Summary of Burden

table that charts list 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	68	0	0	68	0	0
Annual Time Burden (Hours)	272	0	0	272	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: This is a new information collection.

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Annual Cost to Federal Government: $3,807

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: 08/28/2023

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