[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Page 31337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13421]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10361]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Centers 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 function; (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 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 be assured consideration, comments and recommendations for the 
proposed information collections must be received by the OMB desk 
officer at the address below, no later than 5 p.m. on June 30, 2011.

OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-6974, E-mail: [email protected].

    Dated: May 25, 2011.
Martique Jones,
Director, Regulations Development Group, Division B, Office of 
Strategic Operations and Regulatory Affairs.
[FR Doc. 2011-13421 Filed 5-27-11; 8:45 am]
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