Agency Information Collection Activities: Submission for OMB Review; Comment Request
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Abstract
The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
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<title>Federal Register, Volume 86 Issue 204 (Tuesday, October 26, 2021)</title>
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[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Notices]
[Pages 59165-59166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23284]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10137, CMS-10141, 10773 and 10494]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request
AGENCY: Centers for Medicare & Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is
announcing an opportunity for the public to comment on CMS' intention
to collect information from the public. Under the Paperwork Reduction
Act of 1995 (PRA), federal agencies are required to publish notice in
the Federal Register concerning each proposed collection of
information, including each proposed extension or reinstatement of an
existing collection of information, and to allow a second opportunity
for public comment on the notice. Interested persons are invited to
send comments regarding the burden estimate or any other aspect of this
collection of information, including the necessity and utility of the
proposed information collection for the proper performance of the
agency's functions, the accuracy of the estimated burden, ways to
enhance the quality, utility, and clarity of the information to be
collected, and the use of automated collection techniques or other
forms of information technology to minimize the information collection
burden.
DATES: Comments on the collection(s) of information must be received by
the OMB desk officer by November 26, 2021.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
To obtain copies of a supporting statement and any related forms
for the proposed collection(s) summarized in this notice, you may make
your request using one of following:
1. Access CMS' website address at website address at: <a href="https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html</a>.
FOR FURTHER INFORMATION CONTACT: William Parham at (410) 786-4669.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from
the Office of Management and Budget (OMB) for each collection of
information they conduct or sponsor. The term ``collection of
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and
includes agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires
federal agencies to publish a 30-day notice in the Federal Register
concerning each proposed collection of information, including each
proposed extension or reinstatement of an existing collection of
information, before submitting the collection to OMB for approval. To
comply with this requirement, CMS is publishing this notice that
summarizes the following proposed collection(s) of information for
public comment:
1. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Solicitation for
Applications for Medicare Prescription Drug Plan 2023 Contracts; Use:
Coverage for the prescription drug benefit is provided through
contracted prescription drug plans (PDPs) or through Medicare Advantage
(MA) plans that offer integrated prescription drug and health care
coverage (MA-PD plans). Cost Plans that are regulated under Section
1876 of the Social Security Act, and Employer Group Waiver Plans (EGWP)
may also provide a Part D benefit. Organizations wishing to provide
services under the Prescription Drug Benefit Program must complete an
application, negotiate rates, and receive final approval from CMS.
Existing Part D Sponsors may also expand their contracted service area
by completing the Service Area Expansion (SAE) application.
Collection of this information is mandated in Part D of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(MMA) in Subpart 3. The application requirements
[[Page 59166]]
are codified in Subpart K of 42 CFR 423 entitled ``Application
Procedures and Contracts with PDP Sponsors.''
The information will be collected under the solicitation of
proposals from PDP, MA-PD, Cost Plan, Program of All Inclusive Care for
the Elderly (PACE), and EGWP applicants. The collected information will
be used by CMS to: (1) Ensure that applicants meet CMS requirements for
offering Part D plans (including network adequacy, contracting
requirements, and compliance program requirements, as described in the
application), (2) support the determination of contract awards. Form
Number: CMS-10137 (OMB control number: 0938-0936); Frequency: Yearly;
Affected Public: Businesses or other for-profits, Not-for-profit
institutions; Number of Respondents: 716; Total Annual Responses: 382;
Total Annual Hours: 1,716. (For policy questions regarding this
collection contact Arianne Spaccarelli at 410-786-5715.)
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Medicare
Prescription Drug Benefit Program; Use: Plan sponsor and State
information is used by CMS to approve contract applications, monitor
compliance with contract requirements, make proper payment to plans,
and ensure that correct information is disclosed to potential and
current enrollees. Form Number: CMS-10141 (OMB control number: 0938-
0964); Frequency: Once; Affected Public: Private sector (Business or
other for-profit and Not-for-profit institutions); Number of
Respondents: 11,771,497; Total Annual Responses: 675,231,213; Total
Annual Hours: 9,312,314. (For policy questions regarding this
collection contact Maureen Connors at 410-786-4132.)
3. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Non-Quantitative
Treatment Limitation Analyses and Compliance Under MHPAEA; Use: The
Paul Wellstone and Pete Domenici Mental Health Parity and Addiction
Equity Act of 2008 (MHPAEA) (Pub. L. 110-343) generally requires that
group health plans and group health insurance issuers offering mental
health or substance use disorder (MH/SUD) benefits in addition to
medical and surgical (med/surg) benefits do not apply any more
restrictive financial requirements (e.g., co-pays, deductibles) and/or
treatment limitations (e.g., visit limits, prior authorizations) to MH/
SUD benefits than those requirements and/or limitations applied to
substantially all med/surg benefits. The Patient Protection and
Affordable Care Act, Public Law 111-148, was enacted on March 23, 2010,
and the Health Care and Education Reconciliation Act of 2010, Public
Law 111-152, was enacted on March 30, 2010. These statutes are
collectively known as the ``Affordable Care Act.'' The Affordable Care
Act extended MHPAEA to apply to the individual health insurance market.
MHPAEA does not apply directly to small group health plans, although
its requirements are applied indirectly in connection with the
Affordable Care Act's essential health benefit requirements. The
Consolidated Appropriations Act, 2021 (the Appropriations Act) was
enacted on December 27, 2020. The Appropriations Act amended MHPAEA, in
part, by expressly requiring group health plans and health insurance
issuers offering group or individual health insurance coverage that
offer both med/surg benefits and MH/SUD benefits and that impose non-
quantitative treatment limitations (NQTLs) on MH/SUD benefits to
perform and document their comparative analyses of the design and
application of NQTLs. Further, beginning 45 days after the date of
enactment of the Appropriations Act, group health plans and health
insurance issuers offering group or individual health insurance
coverage must make their comparative analyses available to the
Departments of Labor, Health and Human Services (HHS), and the Treasury
or applicable state authorities, upon request. The Secretary of HHS is
required to request the comparative analyses for plans that involve
potential violations of MHPAEA or complaints regarding noncompliance
with MHPAEA that concern NQTLs and any other instances in which the
Secretary determines appropriate. The Appropriations Act also requires
the Secretary of HHS to submit to Congress, and make publicly
available, an annual report on the conclusions of the reviews. Form
Number: CMS-10773 (OMB control number: 0938-1393); Frequency: On
Occasion; Affected Public: State, Local, or Tribal Governments, Private
Sector; Number of Respondents: 250,137; Total Annual Responses: 36,461;
Total Annual Hours: 1,013,184. (For policy questions regarding this
collection, contact Usree Bandyopadhyay at 410-786-6650.)
4. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Exchange
Functions: Standards for Navigators and Non-Navigator Assistance
Personnel-CAC; Use: Section 1321(a)(1) of the Affordable Care Act
directs and authorizes the Secretary to issue regulations setting
standards for meeting the requirements under title I of the Affordable
Care Act, with respect to, among other things, the establishment and
operation of Exchanges. Pursuant to this authority, regulations
establishing the certified application counselor program have been
finalized at 45 CFR 155.225. In accordance with 155.225(d)(1) and (7),
certified application counselors in all Exchanges are required to be
initially certified and recertified on at least an annual basis and
successfully complete Exchange required training. Form Number: CMS-
10494 (OMB control number: 0938-1205); Frequency: On Occasion; Affected
Public: State, Local, or Tribal Governments, Private Sector (not-for-
profit institutions); individuals or households; Number of Respondents:
278,072; Total Annual Responses: 278,072; Total Annual Hours: 918,024.
(For policy questions regarding this collection contact Evonne Muoneke
at 301-492-4402.)
Dated: October 21, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2021-23284 Filed 10-25-21; 8:45 am]
BILLING CODE 4120-01-P
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