Published 60 day FRN

Billing code: 4150-46
DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Document Identifier: OS-0990-0330]
Agency Information Collection Request. 60-Day Public Comment Request
AGENCY: Office of the Secretary, HHS.
ACTION: Notice.
SUMMARY: In compliance with the requirement of the Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department of Health and Human Services, is publishing the
following summary of a proposed collection for public comment.
DATES: Comments on the ICR must be received on or before [INSERT DATE 60 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Submit your comments to Sherrette.Funn@hhs.gov or by calling (202) 264-0041
and PRA@HHS.GOV
FOR FURTHER INFORMATION CONTACT: When submitting comments or requesting
information, please include the document identifier 0990-0330-60D and project title for
reference, to Sherrette A. Funn, email: Sherrette.Funn@hhs.gov, PRA@HHS.GOV or call (202)
264-0041 the Reports Clearance Officer.
SUPPLEMENTARY INFORMATION: Interested persons are invited to send comments
regarding this burden estimate or any other aspect of this collection of information, including any
of the following subjects: (1) The necessity and utility of the proposed information collection for
the proper performance of the agency’s functions; (2) the accuracy of the estimated burden; (3)
ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use
of automated collection techniques or other forms of information technology to minimize the
information collection burden.
Title of the Collection: Appellant Climate Survey
Type of Collection: Revision

OMB No. 0990-0330, HHS, OS, Office of Medicare Hearings and Appeals.
Abstract:
The Department of Health and Human Services under the Office of Medicare Hearings and
Appeals is doing the annual OMHA Appellant Climate Survey. This is a survey of Medicare
beneficiaries, providers, suppliers, or their representatives who participated in a hearing before
an Administrative Law Judge (ALJ) from OMHA. Appellants dissatisfied with the outcome of
their Level 2 Medicare appeal may request a hearing before an OMHA ALJ. The Appellant
Climate Survey will be used to measure appellant satisfaction with their OMHA appeals
experience, as opposed to their satisfaction with a specific ruling. OMHA was established by the
Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003 (Pub. L.
108–173) and became operational on July 1, 2005. The MMA legislation also directed HHS to
consider the feasibility of conducting hearings using telephone or video-teleconference (VTC)
technologies. In carrying out this mandate, OMHA makes use of both telephone and VTC to
provide appellants with a vast nationwide network of Field Offices for hearings. The first 3-year
administration cycle of the OMHA survey began in fiscal year (FY) 2008, a second 3-year cycle
began in FY 2011, a third 3-year cycle began in FY 2014, a fourth 3-year cycle began in FY
2018, and a fifth 3-year cycle began in FY 2021. The survey will continue to be conducted
annually over a 3-year period with the next data collection cycle beginning in FY 2024.
The survey instrument includes several changes from the prior 3-year cycle:
Added a new section, “Request for Hearing.” The section focuses on how customers requested a
hearing, how satisfied they were with the method they used to request a hearing, and about the
clarity of form OMHA-100 (Request for ALJ Hearing or Review of Dismissal).
Changed “Hard Copy, Internet and Phone Information” section to “Communications and Web
Tools” section.
Added a brief statement about when customers should have received the “Notice of
Nondiscrimination” document.

Added two satisfaction questions for appellants who used the e-Appeal Portal—one about
updates the portal provides on their appeal and another about using the portal for uploading
documents electronically.
Changed “Telephone Hearing” section to “Hearing.” The appellant is asked what type of hearing
they had (telephone or video) and satisfaction with using that method. If they attended a
telephone hearing, appellants will be asked whether they were offered the option of a video
hearing; if not, they will be asked if they would have participated in a video hearing if offered.
Data collection instruments and recruitment materials will be offered in English and Spanish.
The estimated total number of respondents across all 3 years is 2,400 (800 respondents each FY
for FY 2024, FY 2025, and FY2026). The estimated total annual burden hours expected across
all years is 600 hours (200 hours each FY for FY 2024, FY 2025, and FY 2026).
The survey will be conducted annually, and survey respondents will consist of Medicare
beneficiaries and non-beneficiaries (i.e., providers, suppliers) who participated in a hearing
before an OMHA ALJ. OMHA will draw a representative, nonredundant sample of appellants
whose cases had been closed in the first 6 months of the surveyed fiscal year.
Annualized Burden Hour Table
Forms
Respondents
(If necessary) (If necessary)

Total

Beneficiaries
NonBeneficiaries

Number of
Respondents
400
400

Number of
Responses
per
Respondents
1
1

800

1

Sherrette A. Funn,
Paperwork Reduction Act Reports Clearance Officer,
Office of the Secretary.

Average
Burden
per
Response
15/60
15/60

Total
Burden
Hours
100
100
200