Notice2023-21122
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
September 27, 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 186 (Wednesday, September 27, 2023)</title>
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[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66452-66453]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21122]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-2540-23 and CMS-10448]
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 November 27, 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-2540-23--Skilled Nursing Facility and Skilled Nursing Facility
Healthcare Complex Report
CMS-10448--Essential Health Benefits Benchmark Plans
Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain
[[Page 66453]]
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: Reinstatement with
change; Title of Information Collection: Skilled Nursing Facility and
Skilled Nursing Facility Complex Cost Repot; Use: The primary function
of the cost report is to implement the principles of cost reimbursement
that require that SNFs maintain sufficient financial records and
statistical data for proper determination of costs payable under the
program. Specifically, CMS-2540-23 collects discrete data, previously
reported in summary form, used in determining the cost weights for the
SNF market basket and for payment adequacy analyses. SNFs and SNF
health care complexes participating in the Medicare program submit
these cost reports annually to report cost and statistical data used by
CMS to determine reasonable costs. Essentially the methods of
determining costs payable under Medicare involve making use of data
available from the provider's accounting records, as usually
maintained, to arrive at equitable and proper payment for services to
beneficiaries.; Form Number: CMS-2540-23 (OMB control number: 0938-
0463); Frequency: Annually; Affected Public: Private Sector, (Business
or other for-profits), Not-for-profit institutions; Number of
Respondents: 14,189; Total Annual Responses: 14,189; Total Annual
Hours: 2,866,178. (For policy questions regarding this collection
contact Luann Piccione at 410-786-5423.)
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Essential Health
Benefits Benchmark Plans; Use: On March 23, 2010, the Patient
Protection and Affordable Care Act (PPACA; Pub. L. 111-148) was signed
into law, and on March 30, 2010, the Health Care and Education
Reconciliation Act of 2010 (Pub. L. 111-152) was signed into law. The
two laws implement various health insurance policies, including the
essential health benefits (EHB). Beginning in 2014, all non-
grandfathered health plans in the individual and small group market
must cover EHB, as defined by the Secretary of Health and Human
Services.
In the final rule entitled HHS Notice of Benefit and Payment
Parameters for 2023 (2023 Payment Notice; CMS-9911-F),\2\ we repealed
the ability for States to permit between category substitution of the
EHBs at 45 CFR 156.115. Thus, we revise this Supporting Statement to
remove any burden associated with States opting to permit between
category substitution of the EHBs and remove the form Essential Health
Benefits (EHB) State Substitution Notification (Appendix F) from this
collection.
For annual reporting of state mandates, in the final rule entitled
HHS Notice of Benefit and Payment Parameters for 2021 (2021 Payment
Notice; CMS-9916-F),\3\ we finalized amendments to Sec. 156.111(d) and
adding new Sec. 156.111(f) to require states to annually notify HHS in
a format and manner specified by HHS, and by a date determined by HHS,
of any state-required benefits applicable to QHPs in the individual
and/or small group market that are considered to be ``in addition to
EHB'' in accordance with Sec. 155.170(a)(3).
In the final rule entitled HHS Notice of Benefit and Payment
Parameters for 2023 (2023 Payment Notice; CMS-9911-F), we repealed the
annual reporting requirement at Sec. 156.111(d) and (f), including
revising the section heading to Sec. 156.111 to instead read, ``State
selection of EHB benchmark plan for PYs beginning on or after January
1, 2020.'' Thus, we have revised this Supporting Statement to reflect
that States are no longer required to annually notify HHS of any State-
required benefits applicable to QHPs in the individual or small group
market that are considered to be ``in addition to EHB'' or any benefits
the State has identified as not in addition to EHB and not subject to
defrayal. We also remove the forms State Annual Report on State-
Required Benefits (Appendix G) and State Certification of Annual Report
on State-Required Benefits (Appendix H) from this collection.
This information collection also previously included estimates for
the burden on issuers to report their intent to offer SADPs. We no
longer collect this information from issuers; we revise this Supporting
Statement to remove the burden associated with this report. In this
package, we make minimum required revisions to reflect only the
regulatory changes that have occurred since it was last authorized in
2021. Form Number: CMS-10448 (OMB control number: 0938-1174);
Frequency: Annually; Affected Public: State, Local, or Tribal
Governments; Number of Respondents: 10; Number of Responses: 10; Total
Annual Hours: 470. (For questions regarding this collection, contact
Ken Buerger at 410-786-1190).
Dated: September 22, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2023-21122 Filed 9-26-23; 8:45 am]
BILLING CODE 4120-01-P
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