[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11435-11436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04327]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10346 and CMS-10496]


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

ACTION: Notice.

-----------------------------------------------------------------------

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 a second opportunity 
for public comment on the notice. Interested persons are invited to 
send comments regarding the 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.

DATES: Comments on the collection(s) of information must be received by 
the OMB desk officer by March 31, 2014.

ADDRESSES: When commenting on the proposed information collections, 
please reference the document identifier or OMB control number. To be 
assured consideration, comments and recommendations must be received by 
the OMB desk officer via one of the following transmissions: OMB, 
Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-5806 or Email: [email protected].
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may make 
your request using one of following:
    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to [email protected].
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786-
1326

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(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 (44 U.S.C. 3506(c)(2)(A)) requires 
federal agencies to publish a 30-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 that 
summarizes the following proposed collection(s) of information for 
public comment:
    1. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Appeals of 
Quality Bonus Payment Determinations; Use: Section 1853(o) of the 
Social Security Act (the Act) requires us to make quality bonus 
payments (QBPs) QBPs to Medicare Advantage (MA) organizations that 
achieve performance rating scores of at least 4 stars under a five-star 
rating system. While we have applied a Star Rating system to MA 
organizations for a number of years, prior to the QBP program these 
Star Ratings were used only to provide additional information for 
beneficiaries to consider in making their Part C and D plan elections. 
Beginning in 2012, the Star Ratings we assign for purposes of QBPs 
directly affected the monthly payment amount MA organizations receive 
from us under their contracts. Additionally, section 1854(b)(1)(C)(v) 
of the Act, as added by the Affordable Care Act, also requires us to 
change the share of savings that MA organizations must provide to 
enrollees as the beneficiary rebate specified at Sec.  422.266(a) based 
on the level of a sponsor's Star Rating for quality performance.
    While the statute does not specify an administrative review process 
for appealing low QBP Star Ratings, we have implemented an appeals 
process in accordance with its authority to establish MA program 
standards by regulation at section 1856(b)(1) of the Act. Under this 
process, MA organizations may seek review of their QBP Star Rating 
determinations. This review process also applies to the determinations 
we made where the organization's Star Rating sets its QBP status at 
ineligible for rebate retention. The information collected from 
Medicare Advantage organizations is considered by the reconsideration 
official and potentially the hearing officer to review our 
determination of the organization's eligibility for a quality bonus 
payment. Form Number: CMS-10346 (OCN: 0938-1129; Frequency: Yearly; 
Affected Public: Private sector--Business or other for-profits; Number 
of Respondents: 350; Total Annual Responses: 25; Total Annual Hours: 
200. (For policy questions regarding this collection contact Sarah 
Gaillot at 410-786-4637).
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: State Health 
Insurance Exchange Incident Report; Use: We have implemented a Computer 
Matching Agreement (CMA) with the State-Based Administering Entities 
(AEs). This agreement establishes the terms, conditions, safeguards, 
and procedures under which we will disclose certain information to the 
AEs in accordance with the Patient Protection and Affordable Care Act 
of 2010 (Pub. L. 111-148), as amended by the Health Care and Education 
Reconciliation Act (Pub. L. 111-152), which are referred to 
collectively as the Affordable Care Act (ACA),

[[Page 11436]]

amendments to the Social Security Act made by the ACA, and the 
implementing regulations. The AEs, which are state entities 
administering Insurance Affordability Programs, will use the data, 
accessed through the CMS Data Services Hub (Hub), to make Eligibility 
Determinations for Insurance Affordability Programs and certificates of 
exemption.
    The AEs shall report suspected or confirmed incidents affecting 
loss or suspected loss of PII within one hour of discovery to their 
designated Center for Consumer Information and Insurance Oversight 
State Officer who will then notify the affected Federal agency data 
sources, i.e., Internal Revenue Service, Department of Defense, 
Department of Homeland Security, Social Security Administration, Peace 
Corps, Office of Personnel Management and Veterans Health 
Administration. Additionally, AEs shall contact the office of the 
appropriate Special Agent-in-Charge, Treasury Inspector General for Tax 
Administration (TIGTA), and the IRS Office of Safeguards within 24 
hours of discovery of any potential breach, loss, or misuse of Return 
Information. Form Number: CMS-10496 (OCN: 0938-1216); Frequency: 
Occasionally; Affected Public: State, Local or Tribal governments; 
Number of Respondents: 18; Total Annual Responses: 936; Total Annual 
Hours: 234. (For policy questions regarding this collection contact 
Theodora Wills at 410-786-1504.)

    Dated: February 24, 2014.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2014-04327 Filed 2-27-14; 8:45 am]
BILLING CODE 4120-01-P