View Information Collection Request (ICR) Package

OMB Control No: 0938-1374	ICR Reference No: 202002-0938-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: HHS/CMS	Agency Tracking No: OEDA
Title: Hospital Survey for Specified Covered Outpatient Drugs (SCODs) (CMS-10709)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/23/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/11/2020
Terms of Clearance: Approved consistent with the understanding that CMS will prepare a report providing a nonresponse bias and standard error analytical results and share with OMB prior to utilization of data for future publications, including rulemaking. The agency will clearly describe the scope and characteristics of the responding hospitals, as well as any limitations in the generalizability of the information collected, in any publications and documents utilizing this data. This action is approved for a period of eighteen months, during which time the agency will request approval to extend or revise the collection, if CMS seeks to continue the information collection activity beyond the period approved under this action.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2021	36 Months From Approved
Responses	1,408	0	0
Time Burden (Hours)	67,584	0	0
Cost Burden (Dollars)	0	0	0

Abstract: The 340B program sets a ceiling on the price that covered entities pay for outpatient drugs. On December 27, 2018, the U.S. District Court for the District of Columbia ruled that the HHS Secretary did not have statutory authority to change Medicare Payment rates for 340B Drugs. The Courts asserted in part that the Secretary had not collected the necessary data to set payment rates based on acquisition costs. As a result of this ruling, CMS believes that it is important to begin obtaining acquisition costs for specified covered outpatient drugs to set future payment rates based on cost for certain 340B Hospitals. This survey will be used to help determine payment amounts for each drug acquired through the 340B Prime Vendor Program. We want to ensure that the Medicare program pays for specified covered outpatient drugs, purchased under the 340B Drug Pricing Program, at a reasonable payment amount to ensure access to care is maintained, prudent payers of taxpayer dollars, and ensure that Medicare beneficiaries can also stretch their scarce resources. MedPAC has consistently stated that Medicare should institute policies that improve the program’s value to beneficiaries and taxpayers. We believe that utilizing the authority granted under Section 1833(t)(14)(D)(ii) is a step forward in increasing value to the program while being cognizant of the constraints to the program. In the March 2019 Report to The Congress MedPAC noted in part that outpatient payments increased in part due to rapid growth in Part B drug spending.

Authorizing Statute(s): PL: Pub.L. 108 - 173 1833(t)(14)(D)(i) Name of Law: The Medicare Modernization Act of 2003, section 603(a)
PL: Pub.L. 108 - 173 1833(t)(14)(D)(ii) Name of Law: The Medicare Modernization Act of 2003, section 603(a)

Citations for New Statutory Requirements: PL: Pub.L. 108 - 173 1833(t)(14)(D)(i) Name of Law: The Medicare Modernization Act of 2003, section 603(a)
PL: Pub.L. 108 - 173 1833(t)(14)(D)(ii) Name of Law: The Medicare Modernization Act of 2003, section 603(a)

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 51590	09/30/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 7306	02/07/2020
Did the Agency receive public comments on this ICR? Yes

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Hospital Survey for Specified Covered Outpatient Drugs (SCODs)	CMS-10709, CMS-10709	Drug Survey , Instruction Sheet for Collecting Acquisition Costs

ICR Summary of Burden

	Total Approved	Change Due to New Statute
Annual Number of Responses	1,408	1,408
Annual Time Burden (Hours)	67,584	67,584
Annual Cost Burden (Dollars)	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection.

Annual Cost to Federal Government: $48,384

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. 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

Agency Contact: Stephan McKenzie 410 786-1943 stephan.mckenzie@cms.hhs.gov

View ICR - OIRA Conclusion