Centers for Medicare & Medicaid Services Seeks Info Collection: QECP Annual Report Workbook Submission Requirement for Qualified Entities

WASHINGTON, Jan. 18 -- The U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services has asked the Office of Management and Budget to approve an information collection entitled: "QECP Annual Report Workbook Submission Requirement for Qualified Entities under ACA Section 10332."

A Jan. 8 notice published in the Federal Register by William N. Parham III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs, opens a 30-day public comment period.

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term "collection of information" is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

1. Type of Information Collection Request: Reinstatement without change of a currently approved collection; Title of Information Collection: QECP Annual Report Workbook Submission Requirement for Qualified Entities under ACA Section 10332; Use: This collection focuses on the expansion of qualified entities. This collection covers the requirement that a qualified entity must submit an annual report to CMS. In addition, this collection covers the requirement that a qualified entity must have a qualified entity data use agreement (QE DUA) or non-public analyses agreement in place with an authorized user prior to providing or selling data or analyses to that authorized user.

Section 10332 of the Patient Protection and Affordable Care Act (ACA) requires the Secretary to make standardized extracts of Medicare claims data under Parts A, B, and D available to "qualified entities" for the evaluation of the performance of providers of services and suppliers. The statute provides the Secretary with discretion to establish criteria to determine whether an entity is qualified to use claims data to evaluate the performance of providers of services and suppliers.

Section 105 of the Medicare Access and Reauthorization Act of 2015 (MACRA) expands how qualified entities will be allowed to use and disclose data under the qualified entity program consistent with other applicable laws, including information, privacy, security, and disclosure laws.

The information from the collection will be used by CMS to determine whether a qualified entity continues to meet the qualified entity certification requirements under section 10332 of the Affordable Care Act and Section 105 of MACRA. In addition, it will ensure that certain privacy and security requirements are met when qualified entities provide or sell data or sell non-public analyses that contains individually identifiable beneficiary information to authorized users.

According to the notice:

Frequency: Yearly;

Affected Public: Private Sector, Business or other for profits, and Not for profits institutions;

Number of Respondents: 15;

Total Annual Responses: 15;

Total Annual Hours: 3,450.

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Complete text: https://www.federalregister.gov/documents/2021/01/08/2021-00080/agency-information-collection-activities-submission-for-omb-review-comment-request

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