[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47215-47216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15975]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10001 and CMS-10009]


Emergency Clearance: Public Information Collection Requirements 
Submitted to the Office of Management and Budget (OMB)

    Agency: Center for Medicare & Medicaid Services.
    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid 
Services (CMS), Department of Health and Human Services, is publishing 
the following summary of proposed collections for public comment. 
Interested persons are invited to send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including any of the following subjects: (1) The necessity and utility 
of the proposed information collection for the proper performance of 
the agency's functions; (2) the accuracy of the estimated burden; (3) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (4) the use of automated collection techniques or 
other forms of information technology to minimize the information 
collection burden.
    We are, however, requesting an emergency review of the information 
collection referenced below. In compliance with the requirement of 
section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have 
submitted to the Office of Management and Budget (OMB) the following 
requirements for emergency review. We are requesting an emergency 
review because the collection of this information is needed before the 
expiration of the normal time limits under OMB's regulations at 5 CFR 
part 1320. This is necessary to ensure compliance with an initiative of 
the Administration. We cannot reasonably comply with the normal 
clearance procedures because of an unanticipated event.
    Department regulations in 45 CFR 146.121(i)(4) require that if 
coverage has been denied to any individual because the sponsor of a 
self-funded non-Federal governmental plan has elected under 45 CFR part 
146 to exempt the plan from the requirements of Sec.  146.121, and the 
plan sponsor subsequently chooses to bring the plan into compliance, 
the plan must: Notify the individual that the plan will be coming into 
compliance; afford the individual an opportunity to enroll that 
continues for at least 30 days; specify the effective date of 
compliance; and inform the individual regarding any enrollment 
restrictions that may apply once the plan is in compliance.
    The burden associated with this requirement was approved by The 
Office of Management and Budget (OMB) under OMB control number 0938-
0827. However, this OMB control number was inadvertently discontinued 
prior to its renewal date. CMS is seeking the re-instatement of this 
control number as none of the requirements have changed. In accordance 
with the Paperwork Reduction Act of 1995, the reinstatement request 
will be addressed in an emergency information collection request. In 
addition, CMS-2078-P (66 FR 1421) describes bona fide wellness 
programs. Section 146.121(f)(1)(iv) stipulates that the plan or issuer 
disclose in all plan materials describing the terms of the program the 
availability of a reasonable alternative standard to qualify for the 
reward under a wellness program. However, in plan materials that merely 
mention that a program is available, without describing its terms, the 
disclosure is not required.
    The burden associated with this requirement was approved by The 
Office of Management and Budget (OMB) under OMB control number 0938-
0819. However, this OMB control number was inadvertently discontinued 
prior to its renewal date. CMS is seeking the re-instatement of this 
control number as none of the requirements have changed. In accordance 
with the Paperwork Reduction Act of 1995, the reinstatement request 
will be addressed in an emergency information collection request.
    1. Type of Information Collection Request: Reinstatement, without 
change, of a previously approved collection for which approval has 
expired; Title of Information Collection: Health Insurance Portability 
and Accountability Act (HIPAA) Nondiscrimination Provisions (66 FR 
1378); Use: Section 2702 of the Public Health Service Act (PHS Act-the 
HIPAA nondiscrimination provisions) established rules generally 
prohibiting group health plans and group health insurance issuers from 
discriminating against individual participants or beneficiaries based 
on any health factor of such participants or beneficiaries. Self-
funded, non-Federal governmental plans are required to give individuals 
who were previously discriminated against an opportunity to enroll, 
including a notice of an opportunity to enroll. Plan participants and 
their dependents need this information to understand their rights under 
HIPAA.; Form Number: CMS-10001 (OMB: 0938-0827); Frequency: 
Annually; Affected Public: State, Local, or Tribal governments, 
Individuals or Households, Business or other for-profit, and Not-for-
profit institutions; Number of Respondents: 18; Total Annual Responses: 
18; Total Annual Hours: 194.
    2. Type of Information Collection Request: Reinstatement, without 
change, of a previously approved collection for which approval has 
expired; Title of Information Collection: Health Insurance Portability 
and Accountability Act (HIPAA) Nondiscrimination Provisions (66 FR 
1421); Use: Section 2702 of the Public Health Service Act (PHS Act-the 
HIPAA nondiscrimination provisions) establish rules generally 
prohibiting group health plans and group health insurance issuers from 
discriminating against individual participants or beneficiaries based 
on any health factor of such participants or beneficiaries. Plan 
participants and their dependents need this information to understand 
the rights they have under HIPAA. States and the Federal government 
need the information supplied by issuers to properly perform their 
regulatory functions.; Form Number: CMS-10009 (OMB 0938-0819); 
Frequency: Annually; Affected Public: State, Local, or Tribal 
governments, Individuals or Households, Business or other for-profit,

[[Page 47216]]

and Not-for-profit institutions; Number of Respondents: 2600; Total 
Annual Responses: 2600; Total Annual Hours: 100.
    CMS is requesting OMB review and approval of these collections by 
September 16, 2005, with a 180-day approval period. Written comments 
and recommendation will be considered from the public if received by 
the individuals designated below by September 12, 2005.
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS' 
Web site address at http://www.cms.hhs.gov/regulations/pra or E-mail 
your request, including your address, phone number, OMB number, and CMS 
document identifier, to [email protected], or call the Reports 
Clearance Office on (410) 786-1326.
    Interested persons are invited to send comments regarding the 
burden or any other aspect of these collections of information 
requirements. However, as noted above, comments on these information 
collection and recordkeeping requirements must be mailed to the 
designees referenced below by September 12, 2005:
    Centers for Medicare & Medicaid Services, Office of Strategic 
Operations and Regulatory Affairs, Room C4-26-05, 7500 Security 
Boulevard, Baltimore, MD 21244-1850, Attn: William N. Parham, III, and, 
OMB Human Resources and Housing Branch, Attention: Christopher Martin, 
New Executive Office Building, Room 10235, Washington, DC 20503.

    Dated: August 5, 2005.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. 05-15975 Filed 8-11-05; 8:45 am]
BILLING CODE 4120-01-P