Notice2023-00275
Agency Information Collection Activities: Submission for OMB Review; 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 10, 2023
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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1387-1388]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00275]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier CMS-10594, CMS-10595, CMS-10628 and CMS-10142]
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 February 9, 2023.
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, 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 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: Extension of a currently
approved collection; Title of Information Collection: Provider Network
Coverage Data Collection; Use: The Patient Protection and Affordable
Care Act (Pub. L. 111-148) was signed into law on March 23, 2010. On
March 30, 2010, the Health Care and Education Reconciliation Act of
2010 (Pub. L. 111-152) was signed into law. The two laws are
collectively referred to as the Affordable Care Act (ACA). The ACA
established competitive private health insurance markets called
Marketplaces, or Exchanges, which gave millions of Americans and small
businesses access to affordable, quality insurance options that meet
certain requirements. These requirements include ensuring sufficient
choice of providers and providing information to enrollees and
prospective enrollees on the availability of in-network and out-of-
network providers.
In the final rule, the Patient Protection and Affordable Care Act;
HHS Notice of Benefit and Payment Parameters for 2017 (CMS-9937-P), we
finalized network adequacy standards for qualified health plan (QHP)
issuers, including stand-alone dental plans (SADPs) mostly focused on
issuers in QHPs in the Federally-facilitated Exchanges (FFEs). This
information collection notice is for two of the standards from the
rule: one applying in the FFE and one applying to all QHPs.
Specifically, under 45 CFR 156.230(d) and 156.230(e), we require
notification
[[Page 1388]]
requirements for enrollees in cases where a provider leaves the network
and for cases where an enrollee might be seen by an out of network
ancillary provider in an in-network setting. These standards will help
inform consumers about his or her health plan coverage to better make
cost effective choices. The Centers for Medicare and Medicaid Services
(CMS) is updating an information collection request (ICR) in connection
with these standards. The burden estimates for this ICR included in
this package reflects the additional time and effort for QHP issuers to
provide these notifications to enrollees. Form Number: CMS-10594 (OMB
control number 0938-1302); Frequency: Annually; Affected Public:
Private Sector (business or other for-profits, not-for-profit
institutions); Number of Respondents: 374; Number of Responses: 374;
Total Annual Hours: 551,276. (For policy questions regarding this
collection contact Nicole Levesque at <a href="/cdn-cgi/l/email-protection#127c7b717d7e773c7e7764776163677752717f613c7a7a613c757d64"><span class="__cf_email__" data-cfemail="e28c8b818d8e87cc8e87948791939787a2818f91cc8a8a91cc858d94">[email protected]</span></a>).
2. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Third Party
Payment of QHP Premiums and Additional Notices for QHP Issuers Data
Collection; Use: The Patient Protection and Affordable Care Act (Pub.
L. 111-148) and Health Care and Reconciliation Act of 2010 (Pub. L.
111-152), collectively referred to as PPACA, established new
competitive private health insurance markets called Marketplaces, or
Exchanges, which gave millions of Americans and small businesses access
to qualified health plans (QHPs), including stand-alone dental plans
(SADPs)-private health and private health and dental insurance plans
that have been certified as meeting certain standards.
In the final rule, the Patient Protection and Affordable Care Act,
HHS Notice of Benefit and Payment Parameters for 2017 (CMS-9937-F), we
finalized 45 CFR 156.1256, which requires QHP issuers, in the case of a
material plan or benefit display error included in 45 CFR
155.420(d)(12), to notify their enrollees of the error and the
enrollees' eligibility for a special enrollment period (SEP) within 30
calendar days after the issuer is informed by an Federally-facilitated
Exchange (FFE) that the error is corrected, if directed to do so by the
FFE. This requirement provides notification to QHP enrollees of errors
that may have impacted their QHP selection and enrollment and any
associated monthly or annual costs, as well as the availability of an
SEP under 155.420(d)(12) for the enrollee to select a different QHP, if
desired. The Centers for Medicare and Medicaid Services (CMS) is
formally submitting this renewal information collection request (ICR)
to OMB for 3-year approval in connection with standards regarding Plan
or Display Errors and SEPs. The portion of the ICR related to Third
Party Payments has been removed. The burden estimate for the ICR
included in this package reflects the time and effort for QHP issuers
to provide notifications to enrollees on the ICRs regarding Plan or
Display Errors and SEPs. Form number: CMS-10595 (OMB control number:
0938-1301); Frequency: Annually; Affected Public: Private Sector
(business or other for-profits, not-for-profit institutions); Number of
Respondents: 374; Number of Responses: 374; Total Burden Hours: 293.
(For questions regarding this collection contact Samantha Nguyen Kella
at 816-426-6339).
3. Type of Information Collection Request: Reinstatement of a
previously approved collection; Title of Information Collection:
Initial Request for State Implemented Moratorium Form; Use: Congress
has enacted section 1866 (j)(7) of the Social Security Act, which
allows for the imposition of temporary moratorium. CMS promulgated 42
CFR 424.570 in order to comply with that statute, which requires that
prior to implementing state Medicaid moratoria the state Medicaid
agency must notify the Secretary in writing, including all of the
details of the moratoria, and obtain the Secretary's concurrence with
the imposition of the moratoria.
The Initial Request for State Medicaid Implemented Moratorium,
named the ``Initial Request for State Medicaid Implemented Moratorium''
has been created to collect that data, in a uniform manner, which the
states report to CMS when they request a moratorium. Currently, CMS is
collecting this data on an ad-hoc basis, however this process needs to
be standardized so that moratoria decisions are being made based on the
same criteria each time. The form may be used by states and territories
who wish to impose a Medicaid or Children's Health Insurance Program
moratorium. CMS will use this information as a standardized method to
collect and track state-imposed moratoria requests. Form number: CMS-
10628 (OMB control number: 0938-1328); Frequency: Occasionally;
Affected Public: State, Local, or Tribal Governments; Number of
Respondents: 5; Number of Responses: 5; Total Burden Hours: 25. (For
questions regarding this collection contact Alisha Sanders at 410-786-
0671).
4. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Bid Pricing Tool
(BPT) for Medicare Advantage (MA) Plans and Prescription Drug Plans
(PDP); Use: Medicare Advantage organizations (MAO) and Prescription
Drug Plans (PDP) are required to submit an actuarial pricing ``bid''
for each plan offered to Medicare beneficiaries for approval by CMS.
The MAOs and PDPs use the Bid Pricing Tool (BPT) software to develop
their actuarial pricing bid. The competitive bidding process defined by
the ``The Medicare Prescription Drug, Improvement, and Modernization
Act'' (MMA) applies to both the MA and Part D programs. It is an annual
process that encompasses the release of the MA rate book in April, the
bid's that plans submit to CMS in June, and the release of the Part D
and RPPO benchmarks, which typically occurs in August. Form number:
CMS-10142 (OMB control number: 0938-0944); Frequency: Annually;
Affected Public: Private Sector, Business or other for-profits, Not-
for-profit institutions; Number of Respondents: 555; Number of
Responses: 4,995; Total Burden Hours: 149,850. (For questions regarding
this collection contact Rachel Shevland at 410-786-3026).
Dated: January 5, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2023-00275 Filed 1-9-23; 8:45 am]
BILLING CODE 4120-01-P
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