Notice2023-02580
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
February 7, 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 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 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7976-7978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02580]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers CMS-10704, CMS-10387, CMS-10846, CMS-R-246 and
CMS-10316]
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 April 10, 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-10704 Health Reimbursement Arrangements and Other Account-Based
Group Health Plans
CMS-10387 Minimum Data Set 3.0 Nursing Home and Swing Bed Prospective
Payment System (PPS) For the collection of data related to the Patient
Driven Payment Model and the Skilled Nursing Facility Quality Reporting
Program (QRP)
CMS-10846 Medicare Part D Manufacturer Discount Program Agreement
CMS-R-246 Medicare Advantage, Medicare Part D, and Medicare Fee-For-
Service Consumer Assessment of Healthcare Providers and Systems (CAHPS)
Survey
CMS-10316 Implementation of the Medicare Prescription Drug Plan (PDP)
and Medicare Advantage (MA) Plan Disenrollment Reasons Survey
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
[[Page 7977]]
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: Health
Reimbursement Arrangements and Other Account-Based Group Health Plans;
Use: On June 20, 2019, the Department of the Treasury, the Department
of Labor, and the Department of Health and Human Services
(collectively, the Departments) issued final regulations titled
``Health Reimbursement Arrangements and Other Account-Based Group
Health Plans'' (84 FR 28888) under section 2711 of the PHS Act and the
health nondiscrimination provisions of HIPAA, Public Law 104-191 (HIPAA
nondiscrimination provisions). The regulations expanded the use of
health reimbursement arrangements and other account-based group health
plans (collectively referred to as HRAs) and recognized certain HRAs as
limited excepted benefits (the excepted benefit HRA), for plan years
beginning on or after January 1, 2020. In general, the regulations
expanded the use of HRAs by eliminating the prohibition on integrating
HRAs with individual health insurance coverage, thereby permitting
employers to offer individual coverage HRAs to employees that can be
integrated with individual health insurance coverage or Medicare Parts
A and B, or Part C. Under the regulations, employees are permitted to
use amounts in an individual coverage HRA to pay expenses for medical
care (including premiums for individual health insurance coverage and
Medicare), subject to certain requirements. This information collection
includes provisions related to substantiation of individual health
insurance coverage (45 CFR 146.123(c)(5)), the notice requirement for
individual coverage HRAs (45 CFR 146.123(c)(6)), and notification of
termination of coverage (45 CFR 146.123(c)(1)(iii)). In the final rule
``Patient Protection and Affordable Care Act; HHS Notice of Benefit and
Payment Parameters for 2021; Notice Requirement for Non-federal
Governmental Plans'' (85 FR 29164), under 45 CFR
146.145(b)(3)(viii)(E), excepted benefit HRAs offered by non-Federal
governmental plan sponsors are required to provide a notice that
describes conditions pertaining to eligibility to receive benefits,
annual or lifetime caps or other limits on benefits under the excepted
benefit HRA, and a description or summary of the benefits. This notice
must be provided no later than 90 days after the employee becomes a
participant in the excepted benefit HRA and annually thereafter. Form
Number: CMS-10704 (OMB control number: 0938-1361); Frequency: Annually;
Affected Public: Private Sector, State Governments; Number of
Respondents: 11,574; Total Annual Responses: 1,037,674; Total Annual
Hours: 5,889. (For policy questions regarding this collection contact
Adam Pellillo at (667) 290-9621.)
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Minimum Data Set
3.0 Nursing Home and Swing Bed Prospective Payment System (PPS) For the
collection of data related to the Patient Driven Payment Model and the
Skilled Nursing Facility Quality Reporting Program (QRP); Use: We are
requesting to implement to the MDS 3.0 v1.18.11 beginning October 1,
2023 to October 1, 2026 in order to meet the requirements of policies
finalized in the Federal Fiscal Year (FY) 2020 Skilled Nursing Facility
(SNF) Prospective Payment System (PPS) final rule (84 FR 38728). The
compliance date for the finalized policies (10/01/2020) was delayed due
to the COVID-19 public health emergency (PHE). While there has been no
change in assessment-level burden since the approval of the MDS 3.0
v1.17.2, there has been a change in total burden since 2019 when the
package was originally approved due to a decrease in the number of MDS
assessments completed and a change in the hourly rate for clinicians
completing the assessment.
We use the MDS 3.0 PPS Item Set to collect the data used to
reimburse skilled nursing facilities for SNF-level care furnished to
Medicare beneficiaries and to collect information for quality measures
and standardized patient assessment data under the SNF QRP. There have
been some revisions to the assessment tool since the approval of MDS
3.0 v1.17.2. Form Number: CMS-10387 (OMB control number: 0938-1140);
Frequency: Yearly; Affected Public: Private Sector: Business or other
for-profit and not-for-profit institutions; Number of Respondents:
15,472; Total Annual Responses: 3,371,993; Total Annual Hours:
2,866,194. (For policy questions regarding this collection contact
Heidi Magladry at 410-786-6034).
3. Type of Information Collection Request: New Collection (Request
for a new OMB control number); Title of Information Collection:
Medicare Part D Manufacturer Discount Program Agreement; Use: Congress
enacted the Inflation Reduction Act of 2022, Public Law 117-169 (IRA).
Section 11201 of the IRA eliminates the coverage gap phase of the Part
D benefit. It also sunsets the coverage gap discount program (CGDP)
after December 31, 2024, and amends the Social Security Act (the Act)
to add section 1860D-14C, requiring the Secretary to establish a new
Medicare Part D manufacturer discount program (MDP) beginning January
1, 2025. Under the MDP, participating manufacturers are required to
provide discounts on their ``applicable drugs'' (brand drugs,
biologics, and biosimilars) both in the initial coverage phase and in
the catastrophic coverage phase of the Part D benefit.
Information in this collection is needed to set up agreements
between manufacturers and CMS. Under section 1860D-14C(a) of the Act,
such agreements are required for manufacturers in order to participate
in the MDP and, under section 1860D43(a) of the Act, for their
applicable drugs to be covered under Part D beginning in 2025. The
information collected from manufacturers in the Health Plan Management
System (HPMS) (Appendix A) is needed to create and execute MDP
agreements and to determine which manufacturers qualify as a specified
manufacturer or specified small manufacturer for phased-in discounts
under section 1860D-14C(g)(4) of the Act. Banking information collected
by the TPA from manufacturers and plan sponsors (Appendix B) is needed
to prepare invoices and process financial transactions (deposits and
payments) through the ACH. Form Number: CMS-10846 (OMB control number:
0938-New); Frequency: Once; Affected Public: Private Sector: Business
or other for-profit and not-for-profit institutions; Number of
Respondents: 659; Total Annual Responses: 659; Total Annual Hours:
4,613. (For policy questions regarding this collection contact Beckie
Peyton at 410-786-1572).
4. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Medicare
Advantage, Medicare Part D, and Medicare Fee-For-Service Consumer
Assessment of Healthcare Providers and Systems (CAHPS) Survey; Use: CMS
is required to collect and report
[[Page 7978]]
information on the quality of health care services and prescription
drug coverage available to persons enrolled in a Medicare health or
prescription drug plan under provisions in the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (MMA). Specifically,
the MMA under Sec. 1860D-4 (Information to Facilitate Enrollment)
requires CMS to conduct consumer satisfaction surveys regarding
Medicare prescription drug plans and Medicare Advantage plans and
report this information to Medicare beneficiaries prior to the Medicare
annual enrollment period. The Medicare CAHPS survey meets the
requirement of collecting and publicly reporting consumer satisfaction
information. The Balanced Budget Act of 1997 also requires the
collection of information about fee-for-service plans.
The primary purpose of the Medicare CAHPS surveys is to provide
information to Medicare beneficiaries to help them make more informed
choices among health and prescription drug plans available to them.
Survey results are reported by CMS in the Medicare & You Handbook
published each fall and on the Medicare Plan Finder website.
Beneficiaries can compare CAHPS scores for each health and drug plan as
well as compare MA and FFS scores when making enrollment decisions. The
Medicare CAHPS also provides data to help CMS and others monitor the
quality and performance of Medicare health and prescription drug plans
and identify areas to improve the quality of care and services provided
to enrollees of these plans. CAHPS data are included in the Medicare
Part C & D Star Ratings and used to calculate MA Quality Bonus
Payments. Form Number: CMS-R-246 (OMB control number: 0938- 0732);
Frequency: Yearly; Affected Public: Individuals and Households; Number
of Respondents: 794,500; Total Annual Responses: 794,500; Total Annual
Hours: 192,265. (For policy questions regarding this collection contact
Lauren Fuentes at 410-786-2290).
5. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Implementation of
the Medicare Prescription Drug Plan (PDP) and Medicare Advantage (MA)
Plan Disenrollment Reasons Survey; Use: The Balanced Budget Act of 1997
required that the CMS publicly report two years of disenrollment rates
on all Medicare + Choice (M+C) organizations. Disenrollment rates are a
useful measure of beneficiary dissatisfaction with a plan; this
information is even more useful when reasons for disenrollment are
provided to consumers, insurers, and other stakeholders. Advocacy
organizations agree that CMS needs to report disenrollment reasons so
that disenrollment rates can be interpreted correctly.
Specifically, the MMA under Sec. 1860D-4 (Information to Facilitate
Enrollment) requires CMS to conduct consumer satisfaction surveys
regarding the PDP and MA contracts pursuant to section 1860D-4(d). Plan
disenrollment is generally believed to be a broad indicator of
beneficiary dissatisfaction with some aspect of plan services, such as
access to care, customer service, cost of the plan, services, benefits
provided, or quality of care.
The information generated from the disenrollment survey supports
CMS' ongoing efforts to assess plan performance and provide oversight
to the functioning of Medicare Advantage (Part C) and PDP (Part D)
plans, which provide health care services to millions of Medicare
beneficiaries (i.e., 28 million for Part C coverage and 49 million for
Part D coverage).
Beneficiary experiences of care (as measured in the MCAHPS survey)
and dissatisfaction (as measured in the disenrollment survey) with plan
performance are both important sources of information for plan
monitoring and oversight. The disenrollment survey assesses different
aspects of dissatisfaction (i.e., reasons why beneficiaries voluntarily
left a plan), which can identify problems with plan operations;
performance areas evaluated include access to care, customer service,
cost, coverage, benefits provided, and quality of care. Understanding
how well plans perform on these dimensions of care and service helps
CMS understand whether beneficiaries are satisfied with the care they
are receiving from contracted plans. When and if plans are found to be
performing poorly against an array of performance measures, including
beneficiary disenrollment, CMS may take corrective action. Form Number:
CMS-10316 (OMB control number: 0938-1113); Frequency: Yearly; Affected
Public: Individuals and Households; Number of Respondents: 32,750;
Total Annual Responses: 32,750; Total Annual Hours: 7,055. (For policy
questions regarding this collection contact Beth Simons at 415-744-
3780).
Dated: February 2, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2023-02580 Filed 2-6-23; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on February 7, 2023.
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