[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Pages 18221-18222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7742]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10361]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.
    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) 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.
    1. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Request for Adjustment to the Medical Loss Ratio Standard for a State's 
Individual Market; Use: Under section 2718 of the Public Health Service 
Act (PHS Act), a health insurance issuer (issuer) offering group or 
individual health insurance coverage must submit a report to the 
Secretary beginning in June of 2012 for calendar year 2011. The 
reported data allows for the calculation of an issuer's medical loss 
ratio (MLR) by market (individual, small group, and large group) within 
each State in which the issuer conducts business. The PHS Act 
establishes a MLR standard for each market segment that issuers must 
meet. A health insurance issuer who fails to meet the MLR standard for 
a plan year must rebate to enrollees, on a pro rata basis, the 
difference between its MLR and the MLR standard.
    Section 2718(b)(1)(A)(ii) allows the Secretary to lower the 80% MLR 
standard in the individual market in a State if the application of the 
80% MLR may destabilize the individual market in such State. An interim 
final rule (IFR) implementing the MLR was published on December 1, 2010 
(75 FR 74865) and was modified by technical corrections on December 30, 
2010 (75 FR 82277), which added Part 158 to Title 45 of the Code of 
Federal Regulations. The IFR is effective January 1, 2011. Under 45 CFR 
158.301 (75 FR 74864, 74930), States requesting that HHS lower the MLR 
standard must submit information that supports their assertion that the 
individual market in their State may destabilize absent an adjustment 
to the MLR. Much of the information requested is currently only 
available at

[[Page 18222]]

the State level. HHS must have such information in order to ascertain 
whether market destabilization has a high likelihood of occurring. Form 
Number: CMS-10361 (OMB Control No. 0938-1114); Frequency: Once; 
Affected Public: State, local or tribal governments; Number of 
Respondents: 20; Number of Responses: 20; Average Hours per Response: 
185; Total Annual Hours: 3,700. (For policy questions regarding this 
collection, contact Carol Jimenez at (301) 492-4109. For all other 
issues regarding this collection, call (410) 786-1326.)
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS' 
Web site at http://www.cms.hhs.gov/PaperworkReductionActof1995, 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 at 410-786-1326.
    In commenting on the proposed information collections please 
reference the document identifier or OMB control number. To be assured 
consideration, comments and recommendations must be submitted in one of 
the following ways by May 31, 2011:
    1. Electronically. You may submit your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection document(s) 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.

    Dated: March 28, 2011.
Martique Jones,
Director, Regulations Development Group, Division B, Office of 
Strategic Operations and Regulatory Affairs.
[FR Doc. 2011-7742 Filed 3-31-11; 8:45 am]
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