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Proposed Collection; Comment Request [Notices] [06/20/2002]

ESA Federal Register Notice

Proposed Collection; Comment Request [06/20/2002]

[PDF Version]

Volume 67, Number 119, Page 42070-42071

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DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment Standards Administration, Office of Workers' 
Compensation Programs (OWCP) is soliciting comments concerning the 
following proposed collection: Certificate of Medical Necessity (CM-
893). A copy of the proposed information collection request can be 
obtained by contacting the office listed below in the addressee section 
of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before August 19, 2002.

ADDRESSES: Ms. Patricia A. Forkel, U. S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339, fax (202) 693-1451, EMail pforkel@fenix2.dol-esa.gov. 
Please use only one method of transmission for comments (mail, fax, or 
EMail).

SUPPLEMENTARY INFORMATION:

I. Background

    30 U.S.C. 932 includes section 7 of Public Law 803, as amended, and 
stipulates that medical treatment including services and apparatus, as 
required, will be furnished to the miner for such period as the nature 
of the illness or process of recovery may require. 20 CFR 725.701 
establishes miner eligibility for medical services

[[Page 42071]]

and supplies for the length of time required by the miner's condition 
and disability. 20 CFR 725.706 stipulates there must be prior approval 
before ordering an apparatus where the purchase price exceeds $300.00. 
20 CFR 725.707 provides for the ongoing supervision of the miner's 
medical care, including the necessity, character and sufficiency of 
care to be furnished; gives the authority to request medical reports 
and indicates the right to refuse payment for failing to submit any 
report required. Because of the above legislation and regulations, it 
was necessary to devise a form to collect the information. The form is 
the CM-893, Certificate of Medical Necessity (CMN). It is used by OWCP 
to determine reimbursement of medical benefits to Black Lung 
beneficiaries. Regulatory authority for the collection of this 
information is at 20 CFR 725.506, 510, 511, and 513. The information 
collection is currently approved by the Office of Management and Budget 
(OMB) for use through November 2002.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

Current Actions

    The Department of Labor seeks an extension of approval to collect 
this information in order to carry out its responsibility in 
determining the eligibility for reimbursement of medical benefits to 
Black Lung recipients. The CMN (CM-893) is considered a medical 
prescription that requires pre-authorization. There is no change to 
these forms since the last OMB approval.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Certificate of Medical Necessity.
    OMB Number: 1215-0113.
    Agency Numbers: CM-893.
    Affected Public: Businesses or other for-profit; not-for-profit 
institutions.
    Total Respondents/Responses: 12,000.
    Total Hours: 3,600.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: June 14, 2002.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 02-15556 Filed 6-19-02; 8:45 am]
BILLING CODE 4510-27-P



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