Attachment 2 Federal Register Notice

11126

Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices
ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Type of respondent

Number of
respondents

Form name

Focus group .....................................

Number of
responses per
respondent

Average
burden per
response
(in hours)

Total burden
hours

72

1

90/60

108

Phase II: Web Survey
Women (age 18–40) .........................

Participant screener .........................
Web Survey ......................................

3,000
500

1
1

5/60
15/60

250
125

Total ...........................................

...........................................................

........................

........................

........................

531

Kimberly S. Lane,
Reports Clearance Officer, Centers for Disease
Control and Prevention.
[FR Doc. 2012–4380 Filed 2–23–12; 8:45 am]
BILLING CODE 4163–18–P

Proposed Project

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60 Day-12–0210]

srobinson on DSK4SPTVN1PROD with NOTICES

Proposed Data Collections Submitted
for Public Comment and
Recommendations
In compliance with the requirement
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for
opportunity for public comment on
proposed data collection projects, the
Centers for Disease Control and
Prevention (CDC) will publish periodic
summaries of proposed projects. To
request more information on the
proposed projects or to obtain a copy of
the data collection plans and
instruments, call 404–639–7570 or send
comments to Kimberly Lane, CDC
Reports Clearance Officer, 1600 Clifton
Road, MS D–74, Atlanta, GA 30333 or
send an email to omb@cdc.gov.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information

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on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Written comments should
be received within 60 days of this
notice.
List of Ingredients Added to Tobacco
in the Manufacture of Cigarette
Products—Extension—Office on
Smoking and Health, National Center
for Chronic Disease Prevention and
Health Promotion (NCCDPHP), Centers
for Disease Control and Prevention
(CDC).
Background and Brief Description
Cigarette smoking is the leading
preventable cause of premature death
and disability in the United States. Each
year, more than 440,000 premature
deaths occur as the result of diseases
related to cigarette smoking. The
Centers for Disease Control and
Prevention (CDC), Office on Smoking
and Health (OSH) has the primary
responsibility for the Department of
Health and Human Services (HHS)
smoking and health program. HHS’s
overall goal is to reduce death and
disability resulting from cigarette
smoking and other forms of tobacco use
through programs of information,
education and research.
The Comprehensive Smoking
Education Act of 1984 (CSEA, 15 U.S.C.
1336 or Pub. L. 98–474) requires each
person who manufactures, packages, or
imports cigarettes to provide the
Secretary of Health and Human Services
(HHS) with a list of ingredients added
to tobacco in the manufacture of
cigarettes. The legislation also
authorizes HHS to undertake research,

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and to report to the Congress (as deemed
appropriate) discussing the health
effects of these ingredients.
HHS has delegated responsibility for
implementing the CSEA’s ingredient
reporting requirements to CDC’s Office
on Smoking and Health (OSH). OSH has
collected ingredient reports on cigarette
products since 1986. Respondents are
commercial cigarette manufacturers,
packagers, or importers, or their
designated representatives. Respondents
are not required to submit specific
forms, however, they are required to
submit a list of all ingredients used in
their products. CDC requires the
ingredient report to be submitted by
chemical name and Chemical Abstract
Service (CAS) Registration Number,
consistent with accepted reporting
practices for other companies currently
required to report ingredients added to
other consumer products. Typically,
respondents submit a summary report to
CDC with the ingredient information for
multiple products, or a statement that
there are no changes to their previously
submitted ingredient report. The
estimated burden per response is 6.5
hours.
Ingredient reports for new products
are due at the time of first importation.
Thereafter, ingredient reports are due
annually on March 31. Information is
submitted to OSH by mailing a written
report on the respondent’s letterhead, by
CD, three-inch floppy disk, or thumb
drive. Electronic mail submissions are
not accepted. Upon receipt and
verification of the annual ingredient
report, OSH issues a Certificate of
Compliance to the respondent.
There are no costs to respondents
other than their time.

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11127

Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices
ESTIMATED ANNUALIZED BURDEN HOURS
Type of respondents

Number of
respondents

Number of
responses per
respondent

Average
burden per
response
(in hours)

Total burden
(in hours)

Cigarette Manufacturers, Packagers, and Importers .......................................

77

1

6.5

501

Kimberly Lane,
Reports Clearance Officer, Centers for Disease
Control and Prevention.
[FR Doc. 2012–4373 Filed 2–23–12; 8:45 am]
BILLING CODE 4163–18–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–6034–N]

Medicaid Program; Announcement of
Medicaid Recovery Audit Contractors
(RACs) Contingency Fee Update
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice.
AGENCY:

This notice announces an
increase to the maximum contingency
fee, for which Federal financial
participation (FFP) will be available,
that may be paid to Medicaid Recovery
Audit Contractors (RAC) by State
Medicaid programs as authorized by
section 1902(a)(42)(B) of the Social
Security Act (the Act), as amended by
the Affordable Care Act, requiring States
to establish Medicaid RAC programs. In
the September 16, 2011 Federal Register
(76 FR 57808), we published a final rule
that ties the Medicaid RAC contingency
fee to the Medicare Recovery Audit
Program with an opportunity for the
States to request an exception to exceed
the highest fee paid to a Medicare
Recovery Auditor. Further, we indicated
in the final rule that we would make
States aware of any modifications to the
payment methodology for contingency
fee rates and Medicaid RAC maximum
contingency fee rates by publishing a
notice in the Federal Register.
Therefore, this notice will inform States
that Medicare has increased the
maximum contingency fee paid to
Recovery Auditors by 5 percent for the
recovery of overpayments only for
durable medical equipment claims
(DME).
DATES: Effective Date: This notice is
effective on March 26, 2012.
FOR FURTHER INFORMATION CONTACT: Lori
Bellan, (410) 786–2048; or Joanne Davis,
(410) 786–5127.

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SUMMARY:

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SUPPLEMENTARY INFORMATION:

I. Background
In the September 16, 2011 Federal
Register (76 FR 57808), we published a
final rule entitled: ‘‘Medicaid Program;
Recovery Audit Contractors.’’ This final
rule finalized provisions related to the
implementation of a Medicaid Recovery
Audit Contractor (RAC) program and
provided guidance to States related to
Federal/State funding of State start-up,
operation and maintenance costs of
Medicaid RACs and the payment
methodology for State payments to
Medicaid RACs. In particular, and as
stated in 42 CFR 455.510(b), States must
determine the contingency fee rate to be
paid to Medicaid RACs for the
identification and recovery of Medicaid
provider overpayments. We also
indicated at 42 CFR 455.510(b)(4):
[T]he contingency fee may not exceed that of
the highest Medicare RAC, as specified by
CMS in the Federal Register, unless the State
submits, and CMS approves, a waiver of the
specified maximum rate. If a State does not
obtain a waiver of the specified maximum
rate, any amount exceeding the specified
maximum rate is not eligible for FFP, either
from the collected overpayment amounts, or
in the form of any other administrative or
medical assistance claimed expenditure.

The September 16, 2011 final rule
contains additional information about
the process States must follow to obtain
an exception to the specified maximum
rate.
II. Provisions of the Notice
In the final rule at 42 CFR
455.510(b)(4), we stated that the
contingency fee paid to the Medicaid
RAC may not exceed that of the highest
fee paid to a Medicare Recovery
Auditor, unless the State submits, and
CMS approves, an exception to the
specified maximum rate, as specified in
the Federal Register.
On June 1, 2011, we increased the
contingency fee by 5 percent for the
recovery of overpayments associated
with DME claims that were identified by
the Medicare Recovery Auditors.
Therefore, the modification increases
the maximum contingency fee paid to a
Medicare Recovery Auditor to 17.5
percent for DME claims only. As a result
of this modification, we now authorize
States to pay their respective Medicaid

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RACs a contingency fee up to 17.5
percent of the recovered overpayment,
the current highest contingency fee paid
to Medicare Recovery Auditors, for the
recovery of improper payments made
for medical supplies, equipment and
appliances suitable for use in the home
found within the Medicaid home health
services benefit authorized by section
1905(a)(7) of the Act. We note that this
increase in the maximum fee for which
FFP is available for payments to
Medicaid RACs applies only to fees paid
for the recovery of improper payments
of this subset of claims. The current
highest contingency fee paid to
Medicare Recovery Auditors for the
recovery of improper payments made on
all other types of claims remains the
same at 12.5 percent; thus, the
maximum fee that may be paid to
Medicaid RACs for the recovery of
improper payments on other types of
claims similarly remains at 12.5 percent.
This policy is consistent with section
1902(a)(42)(B) of the Act, which
requires States to contract with
Medicaid RACs ‘‘in the same manner as
the Secretary enters into contracts’’ with
the Medicare Recovery Auditors. The
policy is also consistent with guidance
provided in the final rule which aligns
the Medicare Recovery Audit Program
and Medicaid RAC program, to the
extent possible.
III. Collection of Information
Requirements
This notice does not impose
information collection and
recordkeeping requirements.
Consequently, it need not be reviewed
by the Office of Management and
Budget under the authority of the
Paperwork Reduction Act of 1995 (44
U.S.C. 35). However, it does reference
previously approved information
collections. As stated in section I of this
notice, States must submit justifications
to CMS to receive an exception to pay
Medicaid RACs a contingency fee that
exceeds the highest fee paid to a
Medicare Recovery Auditor.
Authority: Catalog of Federal Domestic
Assistance Program No. 93.778, Medical
Assistance Program.

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