[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35445-35446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15072]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-10334 and CMS-10373]


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: Revision of a currently 
approved collection; Title of Information Collection: Application for 
Coverage in the Pre-Existing Condition Insurance Plan; Use: The 
Department of Health and Human Services (HHS) Centers for Medicare & 
Medicaid Services, Center for Consumer Information and Insurance 
Oversight is requesting clearance by the Office of Management and 
Budget for modifications to this previously approved collection 
package. These changes are being requested to (1) provide a mechanism 
for a PCIP enrollee who has moved from a state-administered PCIP to 
quickly and efficiently enroll into the federally-administered PCIP (2) 
provide a mechanism for a PCIP applicant to identify a third party 
entity will pay their premium to ensure appropriate premium billing (3) 
provide a mechanism whereby a licensed insurance agent or broker may 
identify their referral of an applicant (4) request employer 
information to expand ways to identify and prevent instances of insurer 
dumping and (5) make clarifications to existing application language. 
Form Number: CMS-10334 (OCN: 0938-1095) Frequency: Once; Affected 
Public: Individuals or households; Number of Respondents: 83,333; 
Number of Responses: 83,333; Total Annual Hours: 179,499. (For policy 
questions regarding this collection, contact Laura Dash at 410-786-
8623. For all other issues call (410) 786-1326.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medical Loss 
Ratio Quarterly Reporting; Use: Under Section 2718 of the Affordable 
Care Act and implementing regulations at 45 CFR Part 158 (75 FR 74865, 
December 1, 2010) as modified by technical corrections on December 30, 
2010 (75 FR 82277), a health insurance issuer (issuer) offering group 
or individual health insurance coverage must submit a report to the 
Secretary concerning the amount the issuer spends each year on claims, 
quality improvement expenses, non-claims costs, Federal and State taxes 
and licensing or regulatory fees, and the amount of earned premium. An 
issuer must provide an annual rebate to enrollees if the amount it 
spends on certain costs compared to its premium revenue (excluding 
Federal and States taxes and licensing or regulatory fees) does not 
meet a certain ratio, referred to as the medical loss ratio (MLR). An 
interim final rule (IFR) implementing the MLR was published on December 
1, 2010 (75 FR 74865) and 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. Issuers are 
required to submit annual MLR reporting data for each large group 
market, small group market, and individual market within each State in 
which the issuer conducts business. For policies that have a total 
annual limit of $250,000 or less (sometimes referred to as ``mini-med 
plans'') and for group policies that primarily cover employees working 
outside the United States (referred to as ``expatriate plans''), the 
IFR applies a special circumstance adjustment to the MLR data for the 
2011 MLR reporting year. In order to evaluate the appropriateness of 
this special circumstance adjustment for years 2012 and beyond, issuers 
that provide such policies are required to submit quarterly MLR data to 
the Secretary for the 2011 MLR reporting year. We received several 
comments in response to the emergency 30-day comment period that was 
associated with CMS-10373. We have taken into consideration all of the 
revisions that were proposed and have amended the quarterly reporting 
form to include issuer contact information and

[[Page 35446]]

technical amendments to better align the proposed quarterly reporting 
form to the reporting forms that issuers submit to the National 
Association of Insurance Commissioners (NAIC). We have also amended the 
form to create two separate, but practically identical, forms with 
corresponding instructions, so as to allow issuers to nationally 
aggregate the experience of expatriate plans and to allow issuers to 
separately report the experience of mini-med plans and expatriate 
plans. We have also supplied the instructions in a separate document 
rather than at the bottom of each reporting form. Form Number: CMS-
10373 (OCN: 0938-1132); Frequency: Quarterly; Affected Public: Private 
Sector: Business or other for-profits and Not-for-profit institutions; 
Number of Respondents: 75; Number of Responses: 825; Total Annual 
Hours: 51,480. (For policy questions regarding this collection, contact 
Carol Jimenez at (301) 492-4109. For all other issues, 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.gov/PaperworkReductionActof1995/PRAL/list.asp#TopOfPage or email 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 August 16, 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: June 14, 2011.
Martique Jones,
Director, Regulations Development Group, Division B, Office of 
Strategic Operations and Regulatory Affairs.
[FR Doc. 2011-15072 Filed 6-16-11; 8:45 am]
BILLING CODE 4120-01-P