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HHS/CMS

RIN: 0938-AQ96

Publication ID: Fall 2011

Title: Regulatory Provisions To Promote Program Efficiency, Transparency, and Burden Reduction (CMS-9070-P)
Abstract: This proposed rule identifies and proposes reforms in Medicare and Medicaid regulations that CMS has identified as unnecessary, obsolete, or excessively burdensome on health care providers and beneficiaries. This proposed rule would increase the ability of health care professionals to devote resources to improving patient care, by eliminating or reducing requirements that impede quality patient care or that divert providing high quality patient care.
Agency: Department of Health and Human Services(HHS)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: No
CFR Citation: 42 CFR 400, 405, 416, 418, 423 42 CFR 424, 440, 442, 486, 494 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 1302 and 1395hh and 44 USC 35

Legal Deadline: None

Statement of Need: In January 2011, the President issued an Executive order that requires agencies to identify rules that may be "outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned." In accordance with the Executive order, we identified obsolete and unnecessarily burdensome rules that could be eliminated or reformed to achieve similar objectives, with a particular focus on freeing up resources that health care providers, health plans, and States could use to improve or enhance patient health and safety. We examined policies and practices not codified in rules that could be changed or streamlined to achieve better outcomes for patients while reducing burden on providers of care. We also sought to increase transparency and become a better business partner.

Summary of the Legal Basis: The provisions that are included in this proposed rule are necessary to implement the requirements of Executive Order 13563 "Improving Regulations and Regulatory Review."

Alternatives: To date, nearly 90 specific reforms have been identified and scheduled for action. These reforms impact hospitals, physicians, home health agencies, ambulance providers, clinical labs, skilled nursing facilities, intermediate care facilities, managed care plans, Medicare Advantage organizations, and States. Many of these reforms will be included in proposed rules that relate to particular categories of regulations or types of providers. Other reforms are being implemented without the need for regulations. This proposed rule includes reforms that do not fit directly in other rules scheduled for publication.

Anticipated Costs and Benefits: We anticipate that the provider industry and health professionals would welcome the proposed changes and reductions in burden. We also expect that health professionals would experience increased efficiencies and resources to appropriately devote to improving patient care, increasing accessibility to care, and reducing associated health care costs.

Risks: None.

Timetable:

Action	Date	FR Cite
NPRM	10/24/2011	76 FR 65909
NPRM Comment Period End	12/23/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Michelle Shortt Director, Regulations Development Group, OSORA Department of Health and Human Services Centers for Medicare & Medicaid Services Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244 Phone:410 786-4675 Email: michelle.shortt@cms.hhs.gov