Notice2022-11301
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
May 26, 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
<html>
<head>
<title>Federal Register, Volume 87 Issue 102 (Thursday, May 26, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Notices]
[Pages 32028-32030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11301]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers CMS-10065/10066, CMS-10611, CMS-10464, CMS-10430
and CMS-10492]
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Centers for Medicare & Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
-----------------------------------------------------------------------
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 July 25, 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 website address at <a href="https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing</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).
CMS-10065/10066 Hospital Notices: IM/DND
CMS-10611 Medicare Outpatient Observation Notice (MOON)
CMS-10464 Agent/Broker Data Collection in Federally-Facilitated Health
Insurance Exchanges
CMS-10430 Compliance with Individual and Group Market Reforms under
Title XXVII of the Public Health Service Act
CMS-10492 Data Submission Requirements to Receive the Federally-
facilitated Exchange User Fee Adjustment
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: Hospital Notices:
IM/DND; Use: The purpose of
[[Page 32029]]
the IM is to inform beneficiaries and enrollees of their rights as
hospital inpatients and how to request a discharge appeal by a Quality
Improvement Organization (QIO) and how to file a request. For all
Medicare beneficiaries, hospitals must deliver valid, written notice of
a beneficiary's rights as a hospital inpatient, including discharge
appeal rights. The hospital must use a standardized notice, as
specified by CMS. This is satisfied by IM delivery.
Consistent with 42 CFR 405.1205 for Original Medicare and 422.620
for Medicare health plans, hospitals must provide the initial IM within
2 calendar days of admission. A follow-up copy of the signed IM is
given no more than 2 calendar days before discharge. The follow-up copy
is not required if the first IM is provided within 2 calendar days of
discharge. In accordance with 42 CFR 405.1206 for Original Medicare and
422.622 for Medicare health plans, if a beneficiary/enrollee appeals
the discharge decision, the beneficiary/enrollee and the QIO must
receive a detailed explanation of the reason's services should end.
This detailed explanation is provided to the beneficiary/enrollee using
the DND, the second notice included in this renewal package. Form
Number: CMS-10065/10066 (OMB control number: 0938-1019); Frequency:
Yearly; Affected Public: Private Sector (Business or other for-profits,
Not-for-Profit Institutions); Number of Respondents: 14,087,086; Total
Annual Responses: 14,087,086; Total Annual Hours: 2,385,107. (For
policy questions regarding this collection contact Janet Miller at
<a href="/cdn-cgi/l/email-protection#165c77787362385b7f7a7a736456757b65387e7e6538717960"><span class="__cf_email__" data-cfemail="0c466d6269782241656060697e4c6f617f2264647f226b637a">[email protected]</span></a>.)
2. Type of Information Collection Request: Extension without change
of a currently approved collection; Title of Information Collection:
Medicare Outpatient Observation Notice (MOON); Use: The Medicare
Outpatient Observation Notice (MOON) serves as the written notice
component of this mandatory notification process. The standardized
content of the MOON includes all informational elements required by
statute, in language understandable to beneficiaries, and fulfils the
regulatory requirements at 42 CFR part 489.20(y).
The MOON is a standardized notice delivered to persons entitled to
Medicare benefits under Title XVIII of the Act who receive more than 24
hours of observation services, informing them that their hospital stay
is outpatient and not inpatient, and the implications of being an
outpatient. This information collection applies to beneficiaries in
Original Medicare and enrollees in Medicare health plans. Form Number:
CMS-10611 (OMB control number: 0938-1308); Frequency: Yearly; Affected
Public: State, Local, or Tribal Governments; Number of Respondents:
4,312; Total Annual Responses: 683,222; Total Annual Hours: 170,806.
(For policy questions regarding this collection contact Janet Miller at
<a href="/cdn-cgi/l/email-protection#511b303f34257f1c383d3d342311323c227f3939227f363e27"><span class="__cf_email__" data-cfemail="0b416a656e7f25466267676e794b68667825636378256c647d">[email protected]</span></a>.)
3. Type of Information Collection Request: Extension of a currently
approved information collection; Title of Information Collection:
Agent/Broker Data Collection in Federally-Facilitated Health Insurance
Exchanges; Use: The Patient Protection and Affordable Care Act, Public
Law 111-148, enacted on March 23, 2010, and the Health Care and
Education Reconciliation Act, Public Law 111-152, enacted on March 30,
2010 (collectively, ``Affordable Care Act''), expands access to health
insurance for individuals and employees of small businesses through the
establishment of new Affordable Insurance Exchanges (Exchanges), also
called Marketplaces, including the Small Business Health Options
Program (SHOP).
The Centers for Medicare & Medicaid Services (CMS) recognizes the
longstanding role that agents/brokers have played in connecting
individuals and small businesses with health insurance products.
Section 1312(e) of the Affordable Care Act and 45 CFR 155.220(a)(1)
expands the role of agents/brokers by permitting them to enroll
qualified individuals or small employers/employees in qualified health
plans (QHPs) through the Exchanges, and assist individuals in applying
for Advance Premium Tax Credits (APTCs) and Cost Sharing Reductions
(CSRs). To participate as facilitators to enrollment, agents/brokers
must register with the FFE, complete a training course covering
eligibility and enrollment criteria for assisting in QHP enrollment,
and sign agreements that formalize their understanding and commitment
to adhere to the rules of the program. This requirement is specific to
the FFE and does not automatically apply to State-based Exchanges
(SBEs). This ICR serves as the formal request for renewal of the
existing data collection. Form Number: CMS-10464 (OMB control number:
0938-1204); Frequency: Annually; Affected Public: Private Sector
(Business or other for-profits) Number of Respondents: 64,000; Number
of Responses: 64,000; Total Annual Hours: 15,360. (For questions
regarding this collection contact Madeline Pellish at 301-492-4390).
4. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Information
Collection Requirements for Compliance with Individual and Group Market
Reforms under Title XXVII of the Public Health Service Act; Use:
Sections 2723 and 2761 of the Public Health Service Act (PHS Act)
direct the Centers for Medicare and Medicaid Services (CMS) to enforce
a provision (or provisions) of title XXVII of the PHS Act (including
the implementing regulations in parts 144, 146, 147, and 148 of title
45 of the Code of Federal Regulations) with respect to health insurance
issuers when a state has notified CMS that it has not enacted
legislation to enforce or that it is not otherwise enforcing a
provision (or provisions) of the group and individual market reforms
with respect to health insurance issuers, or when CMS has determined
that a state is not substantially enforcing one or more of those
provisions. Section 2723 of the PHS Act directs CMS to enforce an
applicable provision (or applicable provisions) of title XXVII of the
PHS Act (including the implementing regulations in parts 146 and 147 of
title 45 of the Code of Federal Regulations) with respect to group
health plans that are non-Federal governmental plans. This collection
of information includes requirements that are necessary for CMS to
conduct compliance review activities. Form Number: CMS-10430 (OMB
control number: 0938-0702); Frequency: Annually; Affected Public:
Private Sector, State, Local, or Tribal Governments; Number of
Respondents: 794; Total Annual Responses: 51,385; Total Annual Hours:
1,786. (For policy questions regarding this collection contact Usree
Bandyopadhyay at 410-786-6650.)
5. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Data Submission
for the Federally-facilitated Exchange User Fee Adjustment; Use:
Section 2713 of the Public Health Service Act requires coverage without
cost sharing of certain preventive health services, including certain
contraceptive services, in non-exempt, non-grandfathered group health
plans and health insurance coverage. The final regulations establish
rules under which the third party administrator of the plan would
provide or arrange for a third party to provide separate contraceptive
coverage to plan participants and beneficiaries without cost sharing,
premium, fee, or other charge to plan participants or beneficiaries or
to the
[[Page 32030]]
eligible organization or its plan. Eligible organizations are required
to self-certify that they are eligible for this accommodation and
provide a copy of such self-certification to their third party
administrators. The final rules also set forth processes and standards
to fund the payments for the contraceptive services that are provided
for participants and beneficiaries in self-insured plans of eligible
organizations under the accommodation described previously, through an
adjustment in the FFE user fee payable by an issuer participating in an
FFE.
CMS will use the data collections from participating issuers and
third party administrators to verify the total dollar amount for such
payments for contraceptive services provided under this accommodation
for the purpose of determining a participating issuer's user fee
adjustment. The attestation that the payments for contraceptive
services were made in compliance with 26 CFR 54.9815-2713A(b)(2) or 29
CFR 2590.715-2713A(b)(2) will help ensure that the user fee adjustment
is being utilized to provide contraceptive services for the self-
insured plans in accordance with the previously noted accommodation.
Form Number: CMS-10492 (OMB control number: 0938-1285); Frequency:
Annually; Affected Public: Private sector (Business or other for-
profits and Not-for-profit institutions); Number of Respondents: 861;
Total Annual Responses: 861; Total Annual Hours: 12,930. (For policy
questions regarding this collection contact Jacqueline Wilson at
<a href="/cdn-cgi/l/email-protection#771d16140602121b1e191259001e1b0418194637141a04591f1f0459101801"><span class="__cf_email__" data-cfemail="d1bbb0b2a0a4b4bdb8bfb4ffa6b8bda2bebfe091b2bca2ffb9b9a2ffb6bea7">[email protected]</span></a>.)
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2022-11301 Filed 5-25-22; 8:45 am]
BILLING CODE 4120-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 26, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.