Notice2022-27166
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
December 15, 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 (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 240 (Thursday, December 15, 2022)</title>
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[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Notices]
[Pages 76626-76628]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27166]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier CMS-10527, CMS-10260, CMS-10836 and CMS-855A]
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 (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 February 13, 2023.
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, please access
the CMS PRA website by copying and pasting the following web address
into your web browser: <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-10527 Annual Eligibility Redetermination, Product Discontinuation
and Renewal Notice
CMS-10260 Medicare Advantage and Prescription Drug Program: Final
Marketing Provisions in 42 CFR 422.111(a)(3) and 423.128(a)(3)
CMS-10836 Medicare Plan Performance Warning Information
CMS-855A Medicare Enrollment Application for Institutional Providers
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: Revision of a currently
approved collection; Title of Information Collection: Annual
Eligibility Redetermination, Product Discontinuation and Renewal
Notice; Use: Section 1411(f)(1)(B) of the Affordable Care Act directs
the Secretary of Health and Human Services (the Secretary) to establish
procedures to redetermine the eligibility of individuals for premium
tax credits on a periodic basis in appropriate circumstances. Section
1321(a) of the Affordable Care Act provides authority for the Secretary
to establish standards and regulations to implement the statutory
requirements related to Exchanges, qualified health plans (QHPs) and
other components of title I of the Affordable Care Act. Under section
2703 of the Public Health Service Act (PHS Act), as added by the
Affordable Care Act, and former section 2712 and section 2741 of the
PHS Act, enacted by the Health Insurance Portability and Accountability
Act of 1996, health insurance issuers in the group and individual
markets must guarantee the renewability of coverage unless an exception
applies.
The 2014 final rule ``Patient Protection and Affordable Care Act;
Annual Eligibility Redeterminations for Exchange Participation and
Insurance Affordability Programs; Health Insurance Issuer Standards
Under the Affordable Care Act, Including Standards Related to
Exchanges'' (79 FR 52994, September 5, 2014), provides that an Exchange
may choose to conduct the annual redetermination process for a plan
year (1) in accordance with the existing procedures described in 45 CFR
155.335; (2) in accordance with procedures described in guidance issued
by the Secretary for the applicable benefit year; or (3) using an
alternative procedure proposed by the Exchange and approved by the
Secretary. The 2014 final rule established a renewal and reenrollment
hierarchy at 45 CFR 155.335(j) to minimize potential enrollment
disruptions. The 2016 final rule ``Patient Protection and Affordable
Care Act; HHS Notice of Benefit and Payment Parameters for 2017'' (81
FR 12204, March 8, 2016) amended the enrollment
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hierarchy to further minimize potential disruptions of enrollee
eligibility for cost-sharing reductions.
The guidance document ``Guidance on Annual Eligibility
Redetermination and Re-enrollment for Exchange Coverage for 2019 and
Later Years'' contains the procedures that the Secretary is specifying
for the coverage year, as noted in (2) above, and specifies that these
procedures will be used by all Exchanges using the federal eligibility
and enrollment platform, unless otherwise specified in future guidance
or rulemaking.
The 2014 final rule also amended the requirements for product
renewal and re-enrollment (or non-renewal) notices to be sent by QHP
issuers in the Exchanges and specifies content for these notices. The
guidance document ``Updated Federal Standard Renewal and Product
Discontinuation Notices, and Enforcement Safe Harbor for Product
Discontinuation Notices in Connection with the Open Enrollment Period
for Coverage in the Individual Market in the 2020 Benefit Year''
provides standard notices for product discontinuation and renewal to be
sent by issuers of individual market QHPs and issuers in the individual
market.\1\
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\1\ Updated Federal Standard Renewal and Product Discontinuation
Notices, and Enforcement Safe Harbor for Product Discontinuation
Notices in Connection with the Open Enrollment Period for Coverage
in the Individual Market in the 2020 Benefit Year (July 30, 2019)
available at: <a href="https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/Updated-Federal-Standard-Notices-and-Enforcement-Safe-Harbor-for-Discontinuation-Notices-PY2020.pdf">https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/Updated-Federal-Standard-Notices-and-Enforcement-Safe-Harbor-for-Discontinuation-Notices-PY2020.pdf</a>. This bulletin
was revised on July 31, 2020 to add a link to the federal standard
notices to be used beginning in the 2021 plan year: <a href="https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/Updated-Federal-Standard-Notices-for-coverage-beginning-in-the-2021-plan-year.pdf">https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/Updated-Federal-Standard-Notices-for-coverage-beginning-in-the-2021-plan-year.pdf</a>.
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The federal standard notices to be sent by issuers of individual
market QHPs and issuers in the individual market have been revised to
improve consumer understanding and update out-of-date information. The
revised notices in this information collection will be required for
notices provided in connection with coverage beginning in the 2024 plan
year.
Issuers in the small group market may use the draft federal
standard small group notices released in the June 26, 2014 bulletin
``Draft Standard Notices When Discontinuing or Renewing a Product in
the Small Group or Individual Market'', or any forms of the notice
otherwise permitted by applicable laws and regulations. States that are
enforcing the guaranteed renewability provisions of the Affordable Care
Act may develop their own standard notices for product discontinuances,
renewals, or both, provided the state-developed notices are at least as
protective as the federal standard notices. Form Number: CMS-10527 (OMB
control number: 0938-1254); Frequency: Annually; Affected Public:
Private Sector, State, Local, or Tribal Governments; Number of
Respondents: 1,340; Total Annual Responses: 5,881; Total Annual Hours:
72,147. (For policy questions regarding this collection contact Usree
Bandyopadhyay at 410-786-6650.)
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Medicare
Advantage and Prescription Drug Program: Final Marketing Provisions in
42 CFR 422.111(a)(3) and 423.128(a)(3); Use: CMS requires MA
organizations and Part D sponsors to use the standardized documents
being submitted for OMB approval to satisfy disclosure requirements
mandated by section 1851 (d)(3)(A) of the Act and Sec. 422.111 for MA
organizations and section 1860D-1(c) of the Act and Sec. 423.128(a)(3)
for Part D sponsors. The regulatory provisions at Sec. Sec. 422.111(b)
and 423.128(b) require MA organizations and Part D sponsors to disclose
plan information, including: service area, benefits, access, grievance
and appeals procedures, and quality improvement/assurance requirements.
MA organizations and sponsors may send the ANOC separately from the
EOC, but must send the ANOC for enrollee receipt by September 30. The
required due date for the EOC is 15 days prior to the start of the AEP.
CMS requires MA organization and Part D sponsors to submit
marketing materials to CMS for review prior to the MA organization or
sponsor distributing those materials to the public. In section 1851(h),
paragraphs (1), (2), and (3) establish this requirement for MA
organizations. Section 1860D-1(b)(1)(B)(vi) directs Part D sponsors to
follow the same requirements in section 1851(h) that MA organizations
must follow for this purpose. Form number: CMS-10260 (OMB control
number: 0938-1051); Frequency: Annually; Affected Public: State, Local,
or Tribal Governments; Number of Respondents: 800; Number of Responses:
48,439; Total Burden Hours: 13,568. (For questions regarding this
collection contact Elizabeth Jacob at 410-786-8658).
3. Type of Information Collection Request: New collection (Request
for new OMB control number); Title of Information Collection: Medicare
Plan Performance Warning Information; Use: The Centers for Medicare &
Medicaid Services (CMS) is seeking approval to collect information to
assist in the Agency's response to two reports from the Department of
Health and Human Services Office of the Inspector General (OIG) related
to how the agency conveys information on plan performance.
CMS is conducting this research to respond to OIG's recommendations
related to sharing additional information with beneficiaries on plan
performance in a clear and accessible format, particularly related to
information which may warn or caution beneficiaries about plan
performance issues. CMS is seeking to learn more about how
beneficiaries, caregivers, and the intermediaries who assist them use
and understand the information CMS currently makes (or may make)
available, as well as to assess their interest in accessing this
information. Form number: CMS-10836 (OMB control number: 0938-New);
Frequency: Annually; Affected Public: Individuals and Households;
Number of Respondents: 288; Number of Responses: 288; Total Burden
Hours: 497. (For questions regarding this collection contact Elizabeth
Goldstein at 443 845-6993).
4. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Medicare
Enrollment Application for Institutional Providers; Use: The primary
function of the CMS-855A Medicare enrollment application is to gather
information from a certified provider or certified supplier that tells
us who it is, whether it meets certain qualifications to be a health
care provider, where it practices or renders services, the identity of
its owners, and other information necessary to establish correct claims
payments.
In addition, on July 26, 2022, CMS published in the Federal
Register a proposed rule titled ``Medicare Program: Hospital Outpatient
Prospective Payment and Ambulatory Surgical Center Payment Systems and
Quality Reporting Programs; Organ Acquisition; Rural Emergency
Hospitals: Payment Policies, Conditions of Participation, Provider
Enrollment, Physician Self-Referral; New Service Category for Hospital
Outpatient Department Prior Authorization Process; Overall Hospital
Quality Star Rating'' (CMS-1772-P) (87 FR 44502). This proposed rule
outlined requirements that rural emergency hospitals (REHs)--a new
Medicare provider type established pursuant to Section 125 of Division
CC of the Consolidated Appropriations Act, 2021--must meet in order to
bill Medicare for REH services. This
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information collection request addresses the burden associated with the
completion of the applicable CMS-855A by REHs in order to enroll in
Medicare.
As part of this request, and as described in the supporting
statement, we also seek approval for additional changes to the CMS-
855A. These changes principally (though not exclusively) involve the
collection of information related to the provider's ownership. Form
Number: CMS-855A (OMB control number: 0938-0685); Frequency: On
occasion; Affected Public: Business or other for-profits, not-for-
profit institutions; Number of Respondents: 1,340; Total Annual
Responses: 5,881; Total Annual Hours: 72,147. (For policy questions
regarding this collection contact Frank Whelan at 410-786-1302.)
Dated: December 9, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2022-27166 Filed 12-14-22; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on December 15, 2022.
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