Notice2023-23790
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
October 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 207 (Friday, October 27, 2023)</title>
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[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73856-73857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23790]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-R-262 and CMS-10346]
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 December 26, 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="https://www.regulations.gov">https://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-R-262 CMS Plan Benefit Package (PBP) and Formulary CY 2025
CMS-10346 Quality Bonus Payment Appeals
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.
[[Page 73857]]
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 Information Collection; Title of Information Collection: CMS
Plan Benefit Package (PBP) and Formulary CY 2025; Use: Under the
Medicare Modernization Act (MMA), Medicare Advantage (MA) and
Prescription Drug Plan (PDP) organizations are required to submit plan
benefit packages for all Medicare beneficiaries residing in their
service area. The plan benefit package submission consists of the Plan
Benefit Package (PBP) software, formulary file, and supporting
documentation, as necessary. MA and PDP organizations use the PBP
software to describe their organization's plan benefit packages,
including information on premiums, cost sharing, authorization rules,
and supplemental benefits. They also generate a formulary to describe
their list of drugs, including information on prior authorization, step
therapy, tiering, and quantity limits.
CMS requires that MA and PDP organizations submit a completed PBP
and formulary as part of the annual bidding process. During this
process, organizations prepare their proposed plan benefit packages for
the upcoming contract year and submit them to CMS for review and
approval. CMS uses this data to review and approve the benefit packages
that the plans will offer to Medicare beneficiaries. This allows CMS to
review the benefit packages in a consistent way across all submitted
bids during with incredibly tight timeframes. This data is also used to
populate data on Medicare Plan Finder, which allows beneficiaries to
access and compare Medicare Advantage and Prescription Drug plans. Form
Number: CMS-R-262 (OMB control number: 0938-0763); Frequency: Yearly;
Affected Public: Private Sector, Business or other for-profits and Not-
for-profit institutions; Number of Respondents: 825; Total Annual
Responses: 8,770; Total Annual Hours: 55,782 (For policy questions
regarding this collection contact Kristy Holtje at 410-786-2209.)
2. Type of Information Collection Request: Extension without change
of a currently approved collection; Title of Information Collection:
Quality Bonus Payment Appeals; Use: Section 1853(o) of the Act requires
CMS to make QBPs to MA organizations that achieve performance rating
scores of at least 4 stars under a five-star rating system. While CMS
has applied a Star Rating system to MA organizations for a number of
years, prior to the QBP program these Star Ratings were used only to
provide additional information for beneficiaries to consider in making
their Part C and D plan elections. Beginning in 2012, the Star Ratings
CMS assigns for purposes of QBPs directly affected the monthly payment
amount MA organizations receive from CMS under their contracts.
Additionally, section 1854(b)(1)(C)(v) of the Act, as added by the
Affordable Care Act, also requires CMS to change the share of savings
that MA organizations must provide to enrollees as the beneficiary
rebate specified at Sec. 422.266(a) based on the level of a sponsor's
Star Rating for quality performance.
The information collected on the Request for Reconsideration form
from MA organizations is considered by the reconsideration official and
potentially the hearing officer to review CMS's determination of the
organization's eligibility for a QBP. The form asks MA organizations to
select the Star Ratings measure(s) they believe was miscalculated or
used incorrect data and describe what they believe is the issue. Under
Sec. 422.260(c)(3)(ii) these are the only bases for appeals. In
conducting the reconsideration, the reconsideration official will
review the QBP determination, the evidence and findings upon which it
was based, and any other written evidence submitted by the organization
with their Request for Reconsideration or by CMS before the
reconsideration determination is made. Form Number: CMS-10346 (OMB
Control Number 0938-1129; Frequency: Yearly; Affected Public: Private
Sector; Number of Respondents: 20; Total Annual Responses: 20; Total
Annual Hours: 160. (For policy questions regarding this collection
contact Joy Binion at 410-786-6567.)
Dated: October 24, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2023-23790 Filed 10-26-23; 8:45 am]
BILLING CODE 4120-01-P
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