Notice2022-00344
Agency Information Collection Activities: Proposed Collection; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2022
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
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 (the 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 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates 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.
Full Text
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<title>Federal Register, Volume 87 Issue 7 (Tuesday, January 11, 2022)</title>
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[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1415-1416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00344]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10286 and CMS-10325]
Agency Information Collection Activities: Proposed Collection;
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 (the 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 60 days for public
comment on the proposed action. Interested persons are invited to send
comments regarding our burden estimates 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 must be received by March 14, 2022.
ADDRESSES: When commenting, please reference the document identifier or
OMB control number. To be assured consideration, comments and
recommendations must be submitted in any one of the following ways:
1. Electronically. You may send your comments electronically to
<a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for ``Comment or
Submission'' or ``More Search Options'' to find the information
collection document(s) that are accepting comments.
2. By regular mail. You may mail written comments to the following
address: CMS, Office of Strategic Operations and Regulatory Affairs,
Division of Regulations Development, Attention: Document Identifier/OMB
Control Number: ___ Room C4-26-05, 7500 Security Boulevard, Baltimore,
Maryland 21244-1850.
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 <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 N. Parham at (410) 786-4669.
SUPPLEMENTARY INFORMATION:
Contents
This notice sets out a summary of the use and burden associated
with the following information collections. More detailed information
can be found in each collection's supporting statement and associated
materials (see ADDRESSES).
[[Page 1416]]
CMS-10286 Notice of Research Exception under the Genetic Information
Nondiscrimination
CMS-10325 Disclosure and Recordkeeping Requirements for Grandfathered
Health Plans under the Affordable Care Act
Under the 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 requires federal agencies
to publish a 60-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.
Information Collection
1. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Notice of
Research Exception under the Genetic Information Nondiscrimination Act;
Use: Under the Genetic Information Nondiscrimination Act of 2008
(GINA), a plan or issuer may request (but not require) a genetic test
in connection with certain research activities so long as such
activities comply with specific requirements, including: (i) The
research complies with 45 CFR part 46 or equivalent federal regulations
and applicable State or local law or regulations for the protection of
human subjects in research; (ii) the request for the participant or
beneficiary (or in the case of a minor child, the legal guardian of
such beneficiary) is made in writing and clearly indicates that
compliance with the request is voluntary and that non-compliance will
have no effect on eligibility for benefits or premium or contribution
amounts; and (iii) no genetic information collected or acquired will be
used for underwriting purposes. The Secretary of Labor or the Secretary
of Health and Human Services is required to be notified if a group
health plan or health insurance issuer intends to claim the research
exception permitted under Title I of GINA. Nonfederal governmental
group health plans and issuers solely in the individual health
insurance market or Medigap market will be required to file with the
Centers for Medicare & Medicaid Services (CMS). The Notice of Research
Exception under the Genetic Information Nondiscrimination Act is a
model notice that can be completed by group health plans and health
insurance issuers and filed with either the Department of Labor or CMS
to comply with the notification requirement. Form Number: CMS-10286
(OMB control number: 0938-1077); Frequency: Occasionally; Affected
Public: Private Sector; State, Local or Tribal governments; Number of
Respondents: 2; Total Annual Responses: 2; Total Annual Hours: 0.5. For
policy questions regarding this collection contact Usree Bandyopadhyay
at 410-786-6650.
2. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Disclosure and
Recordkeeping Requirements for Grandfathered Health Plans under the
Affordable Care Act; Use: Section 1251 of the Affordable Care Act
provides that certain plans and health insurance coverage in existence
as of March 23, 2010, known as grandfathered health plans, are not
required to comply with certain statutory provisions in the Act. The
final regulations titled ``Final Rules under the Affordable Care Act
for Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and
Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient
Protections'' (80 FR 72192, November 18, 2015) require that, to
maintain its status as a grandfathered health plan, a plan must
maintain records documenting the terms of the plan in effect on March
23, 2010, and any other documents that are necessary to verify, explain
or clarify status as a grandfathered health plan. The plan must make
such records available for examination upon request by participants,
beneficiaries, individual policy subscribers, or a state or federal
agency official. A grandfathered health plan is also required to
include a statement in any summary of benefits under the plan or health
insurance coverage, that the plan or coverage believes it is a
grandfathered health plan within the meaning of section 1251 of the
Affordable Care Act, and providing contact information for participants
to direct questions and complaints. In addition, a grandfathered group
health plan that is changing health insurance issuers is required to
provide the succeeding health insurance issuer (and the succeeding
health insurance issuer must require) documentation of plan terms
(including benefits, cost sharing, employer contributions, and annual
limits) under the prior health insurance coverage sufficient to make a
determination whether the standards of paragraph Sec. 147.140(g)(1) of
the final regulations are exceeded. It is also required that, for an
insured group health plan (or a multiemployer plan) that is a
grandfathered plan, the relevant policies, certificates, or contracts
of insurance, or plan documents must disclose in a prominent and
effective manner that employers, employee organizations, or plan
sponsors, as applicable, are required to notify the issuer (or
multiemployer plan) if the contribution rate changes at any point
during the plan year. Form Number: CMS-10325 (OMB control number: 0938-
1093); Frequency: Occasionally; Affected Public: Private Sector, State,
Local or Tribal governments; Number of Respondents: 14,669; Total
Annual Responses: 2,651,523; Total Annual Hours: 40. For policy
questions regarding this collection contact Usree Bandyopadhyay at 410-
786-6650.
Dated: January 6, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2022-00344 Filed 1-10-22; 8:45 am]
BILLING CODE 4120-01-P
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