Editor’s Note: Since the initial posting of the following article CMS has made available to the public the information requested by CRE. We applaud CMS for their timely action. CMS has now complied with the procedural requirements of the Paperwork Reduction Act. In CRE’s forthcoming comments to OMB on the ICR, CRE wil now asssess CMS’ s substantive compliance with the PRA, most notedly the requirement that they respond to the comments CMS receivied.
In one of his first acts as President, Barack Obama launched his Administration’s Open Government Initiative. The White House has continued to develop the program which is built on three pillars: Transparency, Participation and Collaboration. As many Administrations learn, however, the President leading does not mean that agencies automatically follow.
The Centers for Medicare and Medicaid Services (CMS) is an example of agency that has been recalcitrant on Transparency.
The most recent example of CMS’ lack of transparency is also a violation of the Paperwork Reduction Act. Specifically, in a Federal Register notice published on July 27th seeking comment on an agency Information Collection Request (ICR) concerning the agency’s competitive bidding program for Durable Medical Equipment, CMS stated:
▸ “The 60-day Federal Register notice published on May 7, 2012, (77 FR 26763). Subsequently, the Application for Suppliers/Networks collection instrument has been revised by clarifying, removing and renumbering a few questions. The burden estimate has not changed.”
The CMS notice also stated:
▸ “To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web Site address at http://www.cms.hhs.gov/PaperworkReductionActof1995, or Email your request, including your address, phone number, OMB number, and CMS document identifier, to Paperwork@cms.hhs.gov, or call the Reports Clearance Office on (410) 786–1326.”
On July 27th, the Center for Regulatory Effectiveness (CRE) attempted all three methods specified in CMS’ Federal Register notice for obtaining the revised Application for Suppliers/Networks collection instrument prior to preparing our comments to OMB on the revised ICR:
− Using CMS’s PRA website;
− Sending an email with the request; and
− Phoning the Reports Clearance Officer at the agency-provided phone number.
None of the methods of obtaining the revised CMS-proposed form has succeeded even though the 30 day comment period continues to run. CMS has not yet responded by email or phone and the revised ICR is not available on the CMS PRA website.
CMS is a significant example of agency non-compliance with the President’s Transparency and Open Government Memorandum and non-compliance with OMB’s implementing Open Government Directive, the first requirement of which is that agencies “Publish Government Information Online.”
CRE’s interest in this matter results from the very significant reduction the competitive bidding program has on employment levels. In one state alone, Iowa, the competitive bidding program has resulted in a reduction of 2,500 jobs.
