[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8497-8498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03473]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10325 and CMS-10330]


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 
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 21, 2016.

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: Revision of a currently 
approved collection; Title of Information Collection: Enrollment 
Opportunity Notice Relating to Lifetime Limits; Required Notice of 
Rescission of Coverage; and Disclosure Requirements for Patient 
Protection Under the Affordable Care Act; Use: Section 1251 of the 
Affordable Care Act provides that certain plans and health insurance 
coverage in existence as of March 23, 2010, known as grandfathered 
health plans, are not required to comply with certain statutory 
provisions in the Act. The final regulations titled ``Final Rules Under 
the Affordable Care Act for Grandfathered Plans, Preexisting Condition 
Exclusions, Lifetime and Annual Limits, Rescissions, Dependent 
Coverage, Appeals, and Patient Protections'' require that, to maintain 
its status as a grandfathered health plan, a plan must maintain records 
documenting the terms of the plan in effect on March 23, 2010, and any 
other documents that are necessary to verify,

[[Page 8498]]

explain or clarify status as a grandfathered health plan. The plan must 
make such records available for examination upon request by 
participants, beneficiaries, individual policy subscribers, or a State 
or Federal agency official. A grandfathered health plan is also 
required to include a statement in any summary of benefits under the 
plan or health insurance coverage, that the plan or coverage believes 
it is a grandfathered health plan within the meaning of section 1251 of 
the Affordable Care Act, and providing contact information for 
participants to direct questions and complaints. In addition, a 
grandfathered group health plan that is changing health insurance 
issuers is required to provide the succeeding health insurance issuer 
(and the succeeding health insurance issuer must require) documentation 
of plan terms (including benefits, cost sharing, employer 
contributions, and annual limits) under the prior health insurance 
coverage sufficient to make a determination whether the standards of 
paragraph (g)(1) of the interim final regulations are exceeded. It is 
also required that, for an insured group health plan (or a 
multiemployer plan) that is a grandfathered plan, the relevant 
policies, certificates, or contracts of insurance, or plan documents 
must disclose in a prominent and effective manner that employers, 
employee organizations, or plan sponsors, as applicable, are required 
to notify the issuer (or multiemployer plan) if the contribution rate 
changes at any point during the plan year. Form Number: CMS-10325 (OMB 
Control Number: 0938-1093); Frequency: Occasionally; Affected Public: 
State, Local, or Tribal Governments, Private Sector; Number of 
Respondents: 55,378; Total Annual Responses: 6,858,135; Total Annual 
Hours: 248. (For policy questions regarding this collection contact 
Russell Tipps at (301) 492-4371).
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Enrollment 
Opportunity Notice Relating to Lifetime Limits; Required Notice of 
Rescission of Coverage; and Disclosure Requirements for Patient 
Protection Under the Affordable Care Act; Use: Sections 2711, 2712 and 
2719A of the Public Health Service Act, as added by the Affordable Care 
Act, and the interim final regulations titled ``Patient Protection and 
Affordable Care Act: Preexisting Condition Exclusions, Lifetime and 
Annual Limits, Rescissions, and Patient Protections'' (75 FR 37188, 
June 28, 2010) contain enrollment opportunity, rescission notice, and 
patient protection disclosure requirements that are subject to the 
Paperwork Reduction Act of 1995. The enrollment opportunity notice was 
to be used by health plans to notify certain individuals of their right 
to re-enroll in their plan. This notice was a one-time requirement and 
has been discontinued. The rescission notice will be used by health 
plans to provide advance notice to certain individuals that their 
coverage may be rescinded as a result of fraud or intentional 
misrepresentation of material fact. The patient protection notification 
will be used by health plans to inform certain individuals of their 
right to choose a primary care provider or pediatrician and to use 
obstetrical/gynecological services without prior authorization.
    The related provisions are finalized in the final regulations 
titled ``Final Rules Under the Affordable Care Act for Grandfathered 
Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, 
Rescissions, Dependent Coverage, Appeals, and Patient Protections''. 
The final regulations also require that, if State law prohibits balance 
billing, or a plan or issuer is contractually responsible for any 
amounts balanced billed by an out-of-network emergency services 
provider, a plan or issuer must provide a participant, beneficiary or 
enrollee adequate and prominent notice of their lack of financial 
responsibility with respect to amounts balanced billed in order to 
prevent inadvertent payment by the individual. Form Number: CMS-10330 
(OMB Control Number: 0938-1094); Frequency: Occasionally; Affected 
Public: Private Sector, State, Local, or Tribal Governments; Number of 
Respondents: 3,171; Total Annual Responses: 238,244; Total Annual 
Hours: 897. (For policy questions regarding this collection contact 
Russell Tipps at 301-492-4371).

    Dated: February 16, 2016.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2016-03473 Filed 2-18-16; 8:45 am]
BILLING CODE 4120-01-P