Notice2024-29002
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
December 11, 2024
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 89 Issue 238 (Wednesday, December 11, 2024)</title>
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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99871-99873]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29002]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10515 and CMS-10780]
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 February 10, 2025.
[[Page 99872]]
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-10515 Payment Collections Operations Contingency Plan
CMS-10780 Requirements Related to Surprise Billing: Qualifying Payment
Amount, Notice and Consent, Disclosure on Patient Protections Against
Balance Billing, and State Law Opt-in
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 Collections
1. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Payment
Collections Operations Contingency Plan; Use: The Patient Protection
and Affordable Care Act, Public Law 111-148, enacted on March 23, 2010,
and the Health Care and Education Reconciliation Act, Public Law 111-
152, enacted on March 30, 2010 [collectively, the ``Affordable Care
Act'' (ACA)], provides for consumers to receive subsidies based on
income to purchase affordable health care on the Exchanges. The U.S.
Department of Health and Human Services (HHS) uses a manual process to
obtain enrollment and payment data from issuers in States transitioning
from Federally-facilitated Exchanges (FFEs) and State-based Exchanges
on the Federal platform (SBE-FPs) to State-based Exchanges (SBEs) to
facilitate the payment of subsidies to issuers on behalf of eligible
enrollees. This document describes the data collection requirements
related to this manual process, known as the Enrollment and Payment
Data template. This extension reduces burden compared to the currently
approved collection based on recent program experience. Form Number:
CMS-10515 (OMB Control Number: 0938-1217); Frequency: Annually;
Affected Public: Private Sector, Business or other for-profit and not-
for-profit institutions; Number of Respondents: 25; Number of
Responses: 150; Total Annual Hours: 1,500. (For policy questions
regarding this collection, contact Jacquelyn Rudich at 301-492-5211.)
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Requirements
Related to Surprise Billing: Qualifying Payment Amount, Notice and
Consent, Disclosure on Patient Protections Against Balance Billing, and
State Law Opt-in; Use: On December 27, 2020, the Consolidated
Appropriations Act, 2021 (Pub. L. 116-260), which included the No
Surprises Act, was signed into law. The No Surprises Act provides
federal protections against surprise billing and limits out-of-network
cost sharing under many of the circumstances in which surprise medical
bills arise most frequently. The July 13, 2021 interim final rules
``Requirements Related to Surprise Billing; Part I'' (86 FR 36872, July
2021 interim final rules) issued by the Department of Health and Human
Services, the Department of Labor, the Department of the Treasury, and
the Office of Personnel Management, implement provisions of the No
Surprises Act that apply to group health plans, health insurance
issuers offering group or individual health insurance coverage, and
carriers in the Federal Employees Health Benefits (FEHB) Program that
provide protections against balance billing and out-of-network cost
sharing with respect to emergency services, non-emergency services
furnished by nonparticipating providers related to patient visits to
certain types of participating health care facilities, and services
furnished by nonparticipating providers of air ambulance services. The
July 2021 interim final rules prohibit nonparticipating providers,
emergency facilities, and providers of air ambulance services from
balance billing participants, beneficiaries, and enrollees in certain
situations unless they satisfy certain notice and consent requirements.
The No Surprises Act and the July 2021 interim final rules require
group health plans and issuers of health insurance coverage to provide
information about qualifying payment amounts (QPAs) to nonparticipating
providers and facilities and to provide disclosures on patient
protections against balance billing to participants, beneficiaries and
enrollees. Self-insured plans opting in to a specified state law are
required to provide a disclosure to participants. Certain
nonparticipating providers and nonparticipating emergency facilities
may provide participants, beneficiaries, and enrollees with notice and
obtain their consent to waive balance billing protections, provided
certain requirements are met. In addition, certain providers and
facilities are required to provide disclosures on patient protections
against balance billing to participants, beneficiaries and enrollees.
The No Surprises Act requires the Secretary of HHS to audit no more
than 25 group health plans and health insurance issuers offering group
or individual health insurance coverage annually, and permits
additional audits based on complaints, to ensure that such plans and
coverage are in compliance with the requirement of applying a QPA and
that the QPA applied satisfies the definition under the No Surprises
Act with respect to the year involved. Form Number: CMS-10780 (OMB
control number:
[[Page 99873]]
0938-1401); Frequency: On Occasion; Affected Public: Individuals,
State, Local, or Tribal Governments, Private Sector; Number of
Respondents: 2,477,197; Total Annual Responses: 85,148,199; Total
Annual Hours: 6,006,654. (For policy questions regarding this
collection, contact Russell Tipps at 667-290-9640.)
William N. Parham III,
Director, Division of Information Collections and Regulatory Impacts,
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-29002 Filed 12-10-24; 8:45 am]
BILLING CODE 4120-01-P
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