[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59842-59843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24078]
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DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
Proposed Extension of Existing Collection; Comment Request
AGENCY: Divison of Federal Employees' Compensation, Office of Workers'
Compensation Programs, Labor.
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. 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.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before January 6, 2020.
ADDRESSES: You may submit comments by mail, delivery service, or by
hand to Anjanette Suggs, U.S. Department of Labor, 200 Constitution
Ave. NW, Room S-3323, Washington, DC 20210; by fax, (202) 354-9660, or
email to [email protected]. Please use only one method of
transmission for comments (mail or email).
SUPPLEMENTARY INFORMATION:
I. Background: The purpose of the Paperwork Reduction Act of 1995
(PRA), 44 U.S.C. 3501 et seq., include enhancing the quality and
utility of information the Federal government requires and minimizing
the paperwork and reporting burden of affected entitities. The public
is not required to respond to a collection of information unless it
displays a currently valid OMB control number (44 U.S.C. 3507). Also,
notwithstanding any other provisions of law, no person shall be subject
to penalty for failing to comply with a collection of information if
there is not a current valid OMB control number (44 U.S.C. 3512).
The DOL is requesting an approval of an extension of this
information collection. This information collection is essential to the
mission of DOL and the Office of Workers' Compensation Programs (OWCP),
to monitor and assure the appropriate use of opioids and compounded
drugs in treating employment-related injuries under the Federal
Employees Compensation Act (FECA), 5 U.S.C. 8101 et seq.
The FECA statute grants OWCP discretion to provide an injured
employee the ``services, appliances, and supplies prescribed or
recommended by a qualified physician'' which OWCP considers ``likely to
cure, give relief, reduce the degree or the period of disability, or
aid in lessening the amount of the monthly compensation.'' 5 U.S.C.
8103. In other words, OWCP is mandated to provide medical supplies and
services--including prescription drugs such as opioids and compounded
drugs--that it considers medically necessary. 20 CFR 10.310. The FECA
statute and implementing regulations are not primarily focused on
managing doctor/patient decisions relating to medication therapy and,
with the exception of few limitations on fentanyl (an opioid) and other
controlled substances, the FECA program policy on pharmacy benefits has
generally been a policy of payment for prescribed medications in
accordance with a fee schedule based on a percentage of the average
wholesale price (AWP) for drugs identified by a National Drug Code
(NDC). See 20 CFR 10.809. To this end, the FECA program has a prior
authorization policy (based on medical necessity) for opioid and
compounded drugs utilizing the pre-authorization authority already
contained in its regulations at 20 CFR 10.310(a) and Sec. 10.800(b).
Information collected on the CA-26 and the CA-27, require an
injured worker's treating physician to answer a number of questions
about the prescribed opioids and/or compounded drugs and certify that
they are medically necessary to treat the work-related injury. The
responses to the questions on the forms are intended to ensure that
treating physicians have considered non-opioid and non-compounded drug
alternatives, and are only prescribing the most cost effective and
medically necessary drugs. The forms also permit OWCP to more easily
track the volume, type, and characteristics of opioids and compounded
drugs authorized by the FECA program. The forms serve as a means for
injured workers to continue receiving opioids and compounded drugs only
where medically necessary and simultaneously give OWCP greater
oversight in monitoring their appropriate use and gather additional
data about their use.
II. Review Focus: The DOL 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.
III. Current Actions: The DOL seeks the approval for the extension
of this currently approved information collection in order to carry out
its responsibility to meet the statutory requirements of the Federal
Employees' Compensation Act.
Agency: Office of Workers' Compensation Programs.
Type of Review: Extension.
Title: Authorization and Certification/Letter of Medical Necessity.
OMB Number: 1240-0055.
Agency Number: CA-26 and CA-27.
Affected Public: Individuals or households; Businesses or other
for-profit.
Total Respondents: 45,600.
Total Annual Responses: 45,600.
Estimated Total Burden Hours: 22,800.
Estimated Time per Response: 30 minutes.
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
[[Page 59843]]
Total Burden Cost (operating/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.
Ajanette Suggs,
Agency Clearance Officer, Office of Workers' Compensation Programs, US
Department of Labor.
[FR Doc. 2019-24078 Filed 11-5-19; 8:45 am]
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