Grandfathering Provisions of the Medicare DMEPOS Competitive Bidding Program

Forms and Documents

Document Name	Status
Form CMS-10309 Suppliers that Choose Not to Grandfather - Round 1 Recompete (10-Day and 2-Day Notifications) Form	Modified
Form CMS-10309 Suppliers that Choose Not to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary) Form	Modified
Form CMS-10309 Suppliers that Choose to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary) Form	Modified
CMS_10309 Supporting_Statement_Part_A - Passback to OMB(3).docx Supporting Statement A	2017-02-10

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	Removed
207248	Suppliers that Choose Not to Grandfather - Round 2 (30-Day Notification to Beneficiary) Other-Sample Letter	Removed
207247	Suppliers that Choose Not to Grandfather - Round 1 Recompete (10-Day and 2-Day Notifications) Form	Modified
207246	Suppliers that Choose Not to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary) Form	Modified
207245	Suppliers that Choose to Grandfather - Round 2 (30-Day Notification to Beneficiary) Other-Sample Notice	Removed
207244	Suppliers that Choose to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary) Form	Modified

ICR Details

OMB Control No: 0938-1079	ICR Reference No: 201608-0938-007
Status: Historical Active	Previous ICR Reference No: 201306-0938-004
Agency/Subagency: HHS/CMS	Agency Tracking No: CMS-10309
Title: Grandfathering Provisions of the Medicare DMEPOS Competitive Bidding Program
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/17/2017
	Date Received in OIRA: 08/11/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2020	36 Months From Approved	02/28/2017
Responses	110,250	0	654,464
Time Burden (Hours)	13,605	0	79,799
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:
	81 FR 18855	04/01/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 46925	07/19/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Suppliers that Choose Not to Grandfather - Round 2 (30-Day Notification to Beneficiary)
Suppliers that Choose to Grandfather - Round 2 (30-Day Notification to Beneficiary)
Suppliers that Choose to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary)	CMS-10309	Grandfather Election Letter
Suppliers that Choose Not to Grandfather - Round 1 Recompete (30-Day Notification to Beneficiary)	CMS-10309	Grandfather Non-Election Letter
Suppliers that Choose Not to Grandfather - Round 1 Recompete (10-Day and 2-Day Notifications)	CMS-10309	Grandfather Non-Election Letter
Suppliers that Choose Not to Grandfather - Round 2 (10-Day and 2-Day Notifications)

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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	110,250	654,464	0	-544,214	0	0
Annual Time Burden (Hours)	13,605	79,799	0	-66,194	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: Cutting Redundancy

Short Statement: The burden associated with this ICR is decreasing and adjusted by annualizing the one-time burden estimates. For this approval period, the burden estimates have been updated by removing the estimates that were related to Round 2 and updating the estimates for the implementation of Round 1 2017. The burden estimates to develop and send the 30-day notification to beneficiaries for Round 1 has changed from the previous version because we estimate that there will be more beneficiaries who reside in a CBA and will be renting DME and oxygen competitively bid items at the start of Round 1 2017. This increases the time required to develop and send the notification. Additionally, the cost to the supplier to develop and send the notifications has increased as the median hourly wage for clerical staff has increased according to the May 2014 data from the Bureau of Labor Statistics.

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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: 08/11/2016

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