[Federal Register Volume 84, Number 16 (Thursday, January 24, 2019)]
[Notices]
[Pages 358-359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00094]



[[Page 358]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10379]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

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 (the 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 60 days for public 
comment on the proposed action. Interested persons are invited to send 
comments regarding our burden estimates or any other aspect of this 
collection of information, including the necessity and utility of the 
proposed information collection for the proper performance of the 
agency's functions, the accuracy of the estimated burden, ways to 
enhance the quality, utility, and clarity of the information to be 
collected, and the use of automated collection techniques or other 
forms of information technology to minimize the information collection 
burden.

DATES: Comments must be received by March 25, 2019.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted in any one of the following ways:
    1. Electronically. You may send 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) that are 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.
    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' website address at website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.
    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: William N. Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION:

Contents

    This notice sets out a summary of the use and burden associated 
with the following information collections. More detailed information 
can be found in each collection's supporting statement and associated 
materials (see ADDRESSES).
    CMS-10379 Rate Increase Disclosure and Review Requirements (45 CFR 
part 154)
    Under the 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 requires federal agencies 
to publish a 60-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.

Information Collection

    Type of Information Collection Request: Revision of a previously 
approved collection; Title of Information Collection: Rate Increase 
Disclosure and Review Requirements (45 CFR part 154); Use: 45 CFR part 
154 implements the annual review of unreasonable increases in premiums 
for health insurance coverage called for by section 2794. The 
regulation established a rate review program to ensure that all rate 
increases that meet or exceed an established threshold are reviewed by 
a state or the Centers for Medicare and Medicaid Services (CMS) to 
determine whether the rate increases are unreasonable. Accordingly, 
issuers offering non-grandfathered health insurance coverage in the 
individual and/or small group markets are required to submit Rate 
Filing Justifications to CMS. Section 154.103(b) exempts grandfathered 
health plan coverage as defined in 45 CFR 147.140 and excepted benefits 
as described in section 2791(c) of the PHS Act. In the Notice of 
Benefit and Payment Parameters for 2019 (2019 Payment Notice) (83 FR 
74, April 17, 2018), Section 154.103 was modified so that student 
health insurance coverage, as defined in Sec.  147.145, is also 
exempted from Federal rate review requirements for plans beginning on 
or after July 1, 2018.
    Section 154.200(a)(1) previously provided that a rate increase for 
single risk pool coverage beginning on or after January 1, 2017 was 
subject to a reasonableness review if: (1) The average increase, 
including premium rating factors described in Sec.  147.102, for all 
enrollees, weighted by premium volume for any plan within the product, 
meets or exceeds 10 percent; or (2) the increase exceeds a state-
specific threshold approved by the Secretary. In the 2019 Payment 
Notice, this provision was amended to establish a 15 percent federal 
default threshold for reasonableness review beginning with single risk 
pool rate filings submitted by issuers for plan or policy years 
beginning on or after January 1, 2019.
    The Rate Filing Justification consists of three parts. All issuers 
must continue to submit a Uniform Rate Review Template (URRT) (Part I 
of the Rate Filing Justification) for all single risk pool plans. 
Issuers that submit a rate filing that includes a plan that meets or 
exceeds the threshold must include a written description justifying the 
rate increase, also known as the consumer justification narrative (Part 
II of the Rate Filing Justification). We note that the threshold set by 
CMS constitutes a minimum standard and most states currently employ 
stricter rate review standards and may continue to do so. Issuers 
offering a QHP or any single risk pool submission containing a rate 
increase of any size must continue to submit an actuarial memorandum 
(Part III of the Rate Filing Justification). Form Number: CMS-10379 
(OMB control number: 0938-1141); Frequency: Annually; Affected Public: 
Private Sector; Businesses or other for-profits, Not-for-profit 
institutions; Number of Respondents: 589; Number of Responses: 18; 
Total Annual Hours: 20,240. For policy questions regarding this 
collection, contact Lisa Cuozzo at 410-786-1746.


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     Dated: January 17, 2019.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2019-00094 Filed 1-23-19; 8:45 am]
BILLING CODE 4120-01-P