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Federal Register / Vol. 71, No.

42 / Friday, March 3, 2006 / Notices 10975

collection of information, including any address at http://www.cms.hhs.gov/ approved collection; Title of


of the following subjects: (1) The PaperworkReductionActof1995, or e- Information Collection: Manufacturer
necessity and utility of the proposed mail your request, including your Submission of Average Sales Price
information collection for the proper address, phone number, OMB number, (ASP) Data for Medicare Part B Drugs
performance of the agency’s functions; and CMS document identifier, to and Biologicals And Supporting
(2) the accuracy of the estimated Paperwork@cms.hhs.gov, or call the Regulations in 42 CFR 414.804; Form
burden; (3) ways to enhance the quality, Reports Clearance Office on (410) 786– No.: CMS–10110 (OMB #0938–0921);
utility, and clarity of the information to 1326. Use: In accordance with section 1847A
be collected; and (4) the use of To be assured consideration, of the Social Security Act (the Act),
automated collection techniques or comments and recommendations for the Medicare Part B covered drugs and
other forms of information technology to proposed information collections must biologicals not paid on a cost or
minimize the information collection be received at the address below, no prospective payment basis are paid
burden. later than 5 p.m. on May 2, 2006. CMS, based on the average sales price of the
1. Type of Information Collection Office of Strategic Operations and drug or biological, beginning in CY
Request: Extension of a currently Regulatory Affairs, Division of 2005. The ASP data reporting
approved collection; Title of Regulations Development—A, requirements are specified in section
Information Collection: Post Clinical Attention: Melissa Musotto (CMS– 1927 of the Act. The reported ASP data
Laboratory Survey Questionnaire and 668B), Room C4–26–05, 7500 Security are used to establish the Medicare
Supporting Regulations in 42 CFR Boulevard, Baltimore, Maryland 21244– payment amounts. CMS will utilize the
493.1771, 493.1773, and 493.1777; Use: 1850. ASP data to determine the drug
To provide an opportunity and a Dated: February 22, 2006. payment amounts for CY 2005 and
mechanism for Clinical Laboratory Michelle Shortt, beyond. In the interim final rule which
Improvement Amendments of 1988 published April 6, 2004 (69 FR 17935),
Director, Regulations Development Group,
(CLIA) laboratories surveyed by CMS or Office of Strategic Operations and Regulatory the ASP reporting format, (Addendum
CMS’ agents to express their satisfaction Affairs. A), was specified. In addition, we stated
and concerns about the CLIA survey [FR Doc. 06–1919 Filed 3–2–06; 8:45 am] that, as we gain more experience with
process.; Form Number: CMS–668B the ASP methodology, we may seek to
BILLING CODE 4120–01–P
(OMB #0938–0653); Frequency: modify the reporting requirements (data
Recordkeeping, Reporting—Biennially; elements and format for submission) in
Affected Public: Business or other for- DEPARTMENT OF HEALTH AND the future. Based on our experience
profit and Not-for-profit institutions; HUMAN SERVICES during the initial six reporting periods,
Number of Respondents: 21,000; Total we have found it necessary for carrying
Annual Responses: 10,500; Total Centers for Medicare & Medicaid out section 1847A of the Act, to expand
Annual Hours: 2,625. Services the ASP data collected from
2. Type of Information Collection
[Document Identifier: CMS–10110 and CMS– manufacturers.
Request: New collection; Title of We are proposing that, in addition to
10170]
Information Collection: Enrolling Low- the original data elements (manufacturer
Income Beneficiaries into the Medicare Agency Information Collection name, National Drug Code (NDC),
Prescription Drug Program—Survey of Activities: Submission for OMB manufacturer’s ASP, and number of
State Agency Experiences; Use: The Review; Comment Request units), the following data elements must
Centers for Medicare and Medicaid
AGENCY: Centers for Medicare & be submitted quarterly by
Services (CMS) will conduct a survey of
Medicaid Services. manufacturers:
State Medicaid agencies, State health • Name of drug or biological;
insurance plans (SHIPs), and State In compliance with the requirement
• Strength of the product;
pharmaceutical assistance programs of section 3506(c)(2)(A) of the • Volume per item;
(SPAPs) to identify best practices for the Paperwork Reduction Act of 1995, the • Number of items per NDC;
successful enrollment of all types of Centers for Medicare & Medicaid • Wholesale acquisition costs (applies
low-income Medicare beneficiaries into Services (CMS), Department of Health to NDCs assigned to single source drug
a low-income subsidy and the Medicare and Human Services, is publishing the and biological billing codes and NDCs
Part D Prescription Drug Benefit following summary of proposed during the initial period under
Program. The evaluation will assist in collections for public comment. section1847A(c)(4) of the Act);
identifying the best practices, the factors Interested persons are invited to send • Expiration date of the last lot sold;
that make them effective, and how the comments regarding this burden • Date NDC was first available for
information can be disseminated in an estimate or any other aspect of this sale; and
effective manor. The information will be collection of information, including any • Date of first sale.
used to help CMS as it designs its of the following subjects: (1) The We are also proposing that
outreach and communication campaigns necessity and utility of the proposed manufacturers would no longer report
in subsequent open enrollment periods.; information collection for the proper ASP data for an NDC beginning the
Form Number: CMS–10181 (OMB performance of the Agency’s function; reporting period after the expiration
#0938–NEW); Frequency: Reporting— (2) the accuracy of the estimated date of the last lot sold. For NDCs first
Other, one-time; Affected Public: State, burden; (3) ways to enhance the quality, made available for sale or sold on or
Local or Tribal governments, Federal utility, and clarity of the information to after October 1, 2005, we are also
government; Number of Respondents: be collected; and (4) the use of proposing to collect the date the NDC
126; Total Annual Responses: 126; Total automated collection techniques or was first available for sale and the date
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Annual Hours: 63. other forms of information technology to of first sale. We are also proposing that
To obtain copies of the supporting minimize the information collection manufacturers be required to submit
statement and any related forms for the burden. these dates to us once with the first or
proposed paperwork collections 1. Type of Information Collection second, if applicable, data submission
referenced above, access CMS’’ Web site Request: Revision of a currently for new NDCs. In addition, we are

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10976 Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Notices

proposing that the expiration date of the mail your request, including your and Budget (OMB) the following
last lot sold must be reported to CMS address, phone number, OMB number, requirements for emergency review. We
once at the end of utilization of the NDC and CMS document identifier, to are requesting an emergency review
or when there are no sales for three Paperwork@cms.hhs.gov, or call the because the collection of this
consecutive quarters. Reports Clearance Office on (410) 786– information is needed before the
On November 21, 2005, we published 1326. expiration of the normal time limits
an interim final rule (70 FR 70478) Written comments and under OMB’s regulations at 5 CFR part
stating that, during the first three years recommendations for the proposed 1320. This is necessary to ensure
of the Part B Drug Competitive information collections must be mailed compliance with an initiative of the
Acquisition Program (CAP), sales and within 30 days of this notice directly to Administration. CMS does not have
price concessions associated with units the OMB desk officer: OMB Human sufficient time to complete the normal
administered to a beneficiary by a Resources and Housing Branch, PRA clearance process. We request this
participating CAP vendor are excluded Attention: Carolyn Lovett, New Paperwork Reduction Act clearance
from the ASP units and price. We Executive Office Building, Room 10235, under an emergency approval process to
propose to collect the number of CAP Washington, DC 20503. meet the statutorily-mandated reporting
units excluded from the ASP Dated: February 23, 2006. requirement under the Medicare
calculation. Frequency: Recordkeeping Michelle Shortt, Prescription Drug, Improvement, and
and Reporting—Quarterly; Affected Modernization Act of 2003 (MMA) and
Director, Regulations Development Group,
Public: Business or other for-profit; Office of Strategic Operations and Regulatory to accommodate the operational
Number of Respondents: 120; Total Affairs. schedule for the bidding process for
Annual Responses: 480; Total Annual [FR Doc. 06–1920 Filed 3–2–06; 8:45 am] prospective and renewing Part D
Hours: 17,760. Sponsors. In order to uphold the MMA
BILLING CODE 4120–01–P
2. Type of Information Collection reporting requirement in conjunction
Request: Extension of a currently with the bid deadline for contract year
approved collection; Title of DEPARTMENT OF HEALTH AND 2007, key preceding events must occur.
Information Collection: Retiree Drug HUMAN SERVICES If these events do not occur, prospective
Subsidy (RDS) Payment Request and and renewing Part D Sponsors will be
Instructions; Form Number: CMS–10170 Centers for Medicare and Medicaid unable to adjust their bids to reflect
(OMB #0938–0977); Use: Under section Services compliance with these reporting
1860D–22 of the Social Security Act requirements. Inaccuracies in Part D
(Act), added by the Medicare [Document Identifier: CMS–10185]
bids will cause many adverse
Prescription Drug, Improvement and Emergency Clearance: Public consequences to Part D Sponsors, their
Modernization Act of 2003, plan Information Collection Requirements enrolled Medicare beneficiaries, and
sponsors (employers, unions) who offer Submitted to the Office of Management CMS.
prescription drug coverage to their and Budget (OMB) 1. Type of Information Collection
qualified covered retirees are eligible to Request: New Collection; Title of
receive a 28 percent tax-free subsidy for AGENCY: Centers for Medicare and Information Collection: Medicare Part D
allowable drug costs. To receive the Medicaid Services. Reporting Requirements; Use: Data
subsidy, plan sponsors must submit In compliance with the requirement collected via Medicare Part D Reporting
required prescription cost data. CMS of section 3506(c)(2)(A) of the Requirements will be an integral
has contracted with an outside vendor Paperwork Reduction Act of 1995, the resource for oversight, monitoring,
(ViPS) to assist in the administration of Centers for Medicare and Medicaid compliance and auditing activities
the retiree drug subsidy (RDS) program; Services (CMS), Department of Health necessary to ensure quality provision of
this effort is called the RDS Center. Plan and Human Services, is publishing the the Medicare Prescription Drug Benefit
sponsors will request subsidy payments following summary of proposed to beneficiaries. Data will be validated,
on-line by logging on to the RDS secure collections for public comment. analyzed, and utilized for trend
Web site. Cost data required for each Interested persons are invited to send reporting by CMS. If outliers or other
payment request may be entered into comments regarding this burden data anomalies are detected, CMS will
the RDS secure Web site, or uploaded to estimate or any other aspect of this work in collaboration with other CMS
the RDS Center mainframe. Once the collection of information, including any divisions for follow-up and resolution.
plan sponsor submits the payment of the following subjects: (1) The Form Number: CMS–10185 (OMB
request, the RDS Center will process the necessity and utility of the proposed #0938–New); Frequency: Reporting:
request to determine if payment is due information collection for the proper Quarterly and Semi-annually; Affected
and the amount of the payment; performance of the agency’s functions; Public: Business or other for-profit;
Frequency: Recordkeeping and (2) the accuracy of the estimated Number of Respondents: 3,203; Total
Reporting—Monthly, Quarterly and burden; (3) ways to enhance the quality, Annual Responses: 12,812; Total
Annually; Affected Public: Not-for-profit utility, and clarity of the information to Annual Hours: 102,496.
institutions, Business or other for-profit, be collected; and (4) the use of CMS is requesting OMB review and
Federal Government, State, Local, or automated collection techniques or approval of these collections by April
Tribal Government; Number of other forms of information technology to 14, 2006, with a 180-day approval
Respondents: 6,000; Total Annual minimize the information collection period. Written comments and
Responses: 6,000; Total Annual Hours: burden. recommendations will be considered
222,000. We are, however, requesting an from the public if received by the
To obtain copies of the supporting emergency review of the information individuals designated below by April
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statement and any related forms for the collection referenced below. In 3, 2006.
proposed paperwork collections compliance with the requirement of To obtain copies of the supporting
referenced above, access CMS Web site section 3506(c)(2)(A) of the Paperwork statement and any related forms for the
address at http://www.cms.hhs.gov/ Reduction Act of 1995, we have proposed paperwork collections
PaperworkReductionActof1995, or e- submitted to the Office of Management referenced above, access CMS’ Web site

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