Grandfathering Provisions of the Medicare DMEPOS Competitive Bidding Program

Forms and Documents

Document Name	Status
CMS-10309 Supporting_Statement_Part_A [rev 6-7-13 by OSORA PRA].docx Supporting Statement A	2013-06-07

IC Document Collections

IC ID	Document Title	Status
207249	Suppliers that Choose Not to Grandfather - Round 2 (10-Day and 2-Day Notifications) Other-Sample Letter	New
207248	Suppliers that Choose Not to Grandfather - Round 2 (30-Day Notification to Beneficiary) Other-Sample Letter	New
207247	Suppliers that Choose Not to Grandfather - Round 1 Recompete (10-Day and 2-Day Notifications) Other-Sample Notice	New
207246	Suppliers that Choose Not to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary) Other-Sample Notice	New
207245	Suppliers that Choose to Grandfather - Round 2 (30-Day Notification to Beneficiary) Other-Sample Notice	New
207244	Suppliers that Choose to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary) Other-Sample Notice	New
191550	Suppliers that Choose to Grandfather (Submission of 30-day Notification to Beneficiaries)	Removed
191549	Suppliers that Choose to Grandfather (Development of 30-day Notification to Beneficiaries)	Removed
191548	Suppliers that Choose to Grandfather (Development and Submission of 30-day Notification to CMS)	Removed
191547	Suppliers that Choose Not to Grandfather (30-day Notifications to Beneficiaries)	Removed
191546	Suppliers that Choose Not to Grandfather (Development of 30-day Notifications to Beneficiaries)	Removed
191545	Suppliers that Choose Not to Grandfather (10 and 2-day Notifications to Beneficiaries)	Removed

ICR Details

OMB Control No: 0938-1079	ICR Reference No: 201306-0938-004
Status: Historical Active	Previous ICR Reference No: 200912-0938-006
Agency/Subagency: HHS/CMS	Agency Tracking No: 19757
Title: Grandfathering Provisions of the Medicare DMEPOS Competitive Bidding Program
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/12/2013
	Date Received in OIRA: 06/10/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2016	36 Months From Approved
Responses	654,464	0	0
Time Burden (Hours)	79,799	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: We established the grandfathering process in the April 10, 2007 final rule for competitive bidding (72 FR 17992) for rented DME and oxygen and oxygen equipment when these items are included under the Medicare DMEPOS Competitive Bidding Program. This process only applies to suppliers that rented DME and oxygen and oxygen equipment to beneficiaries who maintain a permanent residence in a CBA before the implementation of the competitive bidding program. We established beneficiary notification requirements for noncontract suppliers that are furnishing rented oxygen or DME competitive bid items at the time a competitive bidding program is implemented in a competitive bidding area (74 FR 61738). This notification will ensure that beneficiaries are sufficiently informed and prepared for competitive bidding changes that affect rented DME and oxygen.

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Authorizing Statute(s): PL: Pub.L. 108 - 173 302(b)(1) Name of Law: Competitive Acquisition
  

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:
	78 FR 20323	04/04/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 34390	06/07/2013
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Suppliers that Choose to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary)
Suppliers that Choose to Grandfather - Round 2 (30-Day Notification to Beneficiary)
Suppliers that Choose Not to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary)
Suppliers that Choose Not to Grandfather - Round 1 Recompete (10-Day and 2-Day Notifications)
Suppliers that Choose Not to Grandfather - Round 2 (30-Day Notification to Beneficiary)
Suppliers that Choose Not to Grandfather - Round 2 (10-Day and 2-Day Notifications)
Suppliers that Choose Not to Grandfather (10 and 2-day Notifications to Beneficiaries)
Suppliers that Choose Not to Grandfather (Development of 30-day Notifications to Beneficiaries)
Suppliers that Choose Not to Grandfather (30-day Notifications to Beneficiaries)
Suppliers that Choose to Grandfather (Development and Submission of 30-day Notification to CMS)
Suppliers that Choose to Grandfather (Development of 30-day Notification to Beneficiaries)
Suppliers that Choose to Grandfather (Submission of 30-day Notification to Beneficiaries)

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ICR Summary of Burden

	Total Approved	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	654,464	0	0	-85,695	0	740,159
Annual Time Burden (Hours)	79,799	0	0	-28,456	0	108,255
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: The burden associated with this ICR is decreasing and adjusted by annualizing the one-time burden estimates. The burden estimates have also been updated to reflect implementation of the Round 1 Recompete and Round 2. The burden estimates to develop and send the 30-day notification to beneficiaries has changed from the previous version because we assume that suppliers will use the sample notification form CMS is providing rather than developing their own forms. This reduces the time required to develop and send the notification. We also believe that clerical staff, rather than skilled administrative staff, will be able to develop and send the notifications.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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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: 06/10/2013

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