Notice2023-13103
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
June 21, 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 (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 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40272-40273]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13103]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10418]
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 August 21, 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-10418 Medical Loss Ratio Annual Reports, MLR Notices, and
Recordkeeping Requirements
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 of information; Title of Information Collection:
Medical Loss Ratio Annual Reports, MLR Notices, and Recordkeeping
Requirements; Use: Under section 2718 of the Affordable Care Act and
implementing regulation at 45 CFR part 158, a health insurance issuer
(issuer) offering group or individual health insurance coverage must
submit a report to the Secretary concerning the amount the issuer
spends each year on claims, quality improvement expenses, non-claims
costs, Federal and State taxes and licensing and regulatory fees, the
amount of earned premium, and beginning with the 2014 reporting year,
the amounts related to the transitional reinsurance and risk adjustment
programs established under sections 1341 and 1343, respectively, of the
Affordable Care Act. An issuer must provide an annual rebate if the
amount it spends on certain costs compared to its premium revenue
(excluding Federal and States taxes and licensing and regulatory fees)
does not meet a certain ratio, referred to as the medical loss ratio
(MLR). Each issuer is required to submit annually MLR data, including
information about any rebates it must provide, on a form prescribed by
CMS, for each State in which the issuer conducts business. Each issuer
is also required to provide a rebate notice to each policyholder that
is owed a rebate and each subscriber of policyholders that are owed a
rebate for any given MLR reporting year. Additionally, each issuer is
required to maintain for a period of seven years all documents, records
and other evidence that support the data included in each issuer's
annual report to the Secretary.
Based upon CMS' experience in the MLR data collection and
evaluation process, CMS is updating its annual burden hour estimates to
reflect the actual numbers of submissions, rebates and rebate notices.
The 2022 MLR Reporting Form and Instructions reflect changes for the
2020 reporting year and beyond. For 2022, it is expected that issuers
will submit fewer reports and on average, send fewer notices and rebate
checks in the mail to policyholders and subscribers, which will reduce
burden on issuers. It is estimated that there will be a net decrease in
total burden from 232,427 to 170,091. Form Number: CMS-10418 (OMB
Control Number: 0938-1164); Frequency: Annually; Affected Public:
Private Sector, Business or other for-profit and not-for-profit
institutions; Number of Respondents: 480; Number of Responses: 1,677
Total Annual Hours: 170,091. (For policy questions regarding this
collection contact Jiyun Lim at 301-492-4172.)
[[Page 40273]]
Dated: June 14, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2023-13103 Filed 6-20-23; 8:45 am]
BILLING CODE P
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