[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41042-41044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17285]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10492]


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

ACTION: Notice.

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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

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technology to minimize the information collection burden.

DATES: Comments on the collection(s) of information must be received by 
the OMB desk officer by August 13, 2015.

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: New collection (Request 
for a new OMB control number); Title of Information Collection: Data 
Submission for the Federally-faciliated Exchange User Fee Adjustment; 
Use: The final rule ``Coverage of Certain Preventive Services Under the 
Affordable Care Act'' published by the Departments of Health and Human 
Services (HHS), the Treasury, and Labor on July 2, 2013, sets forth 
regulations regarding coverage for certain preventive services under 
section 2713 of the Public Health Service Act, as added by the Patient 
Protection and Affordable Care Act, as amended, and incorporated into 
the Employee Retirement Income Security Act of 1974 and the Internal 
Revenue Code. Section 2713 of the Public Health Service Act requires 
coverage without cost sharing of certain preventive health services, 
including certain contraceptive services, in non-exempt, non-
grandfathered group health plans and health insurance coverage. The 
final rules establish accommodations with respect to group health plans 
established or maintained by eligible organizations (and group health 
insurance coverage offered in connection with such plans). Eligible 
organizations are required to self-certify that they are eligible for 
this accommodation and provide a copy of such self-certification to 
their third party administrators. The final rules also set forth 
processes and standards to fund the payments for the contraceptive 
services that are provided for participants and beneficiaries in self-
insured plans of eligible organizations under the accommodation 
described previously, through an adjustment in the Federally-
facilitated Exchange (FFE) user fee payable by an issuer participating 
in an FFE.
    In order to facilitate the FFE user fee adjustment, and ensure that 
these user fee adjustments reflect payments for contraceptive services 
provided under this accommodation and that the adjustment is applied to 
the appropriate participating issuer in an FFE, the final rule requires 
an information collection from applicable participating issuers and 
third party administrators. In particular, the final regulations at 45 
CFR 156.50(d)(2)(i) provide that a participating issuer who seeks an 
FFE user fee adjustment must submit to HHS in the year following the 
benefit year in which payments for contraceptive services were made 
under the previously mentioned accomodation, identifying information 
for the participating issuer, each third party administrator, and each 
self-insured group health plan, as well as the total dollar amount of 
the payments for contraceptive services that were provided during the 
applicable calendar year under the accommodation. The final regulation 
at 45 CFR 156.50(d)(2)(iii) also requires the third party administrator 
to submit to HHS identifying information for the third party 
administrator, the participating issuer, and each self-insured group 
health plan, as well as the total number of participants and 
beneficiaries in each self-insured group health plan during the 
applicable calendar year, the total dollar amount of payments made for 
contraceptive services, and an attestation that the payments for 
contraceptive services were made in compliance with 26 CFR 54.9815-
2713A(b)(2) or 29 CFR 2590.715-2713A(b)(2).
    Furthermore, to determine the potential number of submissions 
provided by third party administrators and allow HHS to prepare to 
receive submissions in calendar year 2015, the final regulation at 45 
CFR 156.50(d)(2)(ii) requires third party administrators to submit to 
HHS a notification that the third party administrator intends for a 
participating issuer to seek an FFE user fee adjustment, by the later 
of January 1, 2014, or the 60th calendar day following the date on 
which the third party administrator receives a copy of a self-
certification from an eligible organization. Additionally, a health 
insurance issuer providing payments for contraceptive services for 
participants and beneficiaries in insured plans (or student enrollees 
and covered dependents in student health insurance coverage) of 
eligible organizations to provide a written notice to such plan 
participants and beneficiaries (or such student enrollees and covered 
dependents) informing them of the availability of such payments.
    The burden associated with these processes includes the time for 
applicable participating issuers and third party administrators to 
submit identifying information and total payments made for 
contraceptive services in the prior calendar year, and for third party 
administrators to notify HHS of their intent to seek the user fee 
adjustment. HHS estimates 488 third party administrators, 48 QHP 
issuers, and 325 fully insured issuers of eligible organizations will 
submit this information. HHS anticipates that participating issuers in 
an FFE seeking a user fee adjustment and third party administrators 
with respect to which the FFE user fee adjustment is received will 
submit this information electronically. Form Number: CMS-10492 (OMB 
control number: 0938--NEW); Frequency: Annually; Affected Public: 
Private sector (Business or other for-profits and Not-for-profit 
institutions); Number of Respondents: 861; Total

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Annual Responses: 861; Total Annual Hours: 12,930. (For policy 
questions regarding this collection contact Jaya Ghildiyal at (301) 
492-5149.)

    Dated: July 9, 2015.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2015-17285 Filed 7-10-15; 11:15 am]
 BILLING CODE 4120-01-P