[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50027-50028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17855]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-10751]


Emergency Clearance: Public Information Collection Requirements 
Submitted to the Office of Management and Budget (OMB)

AGENCY: Centers for Medicare & Medicaid Services, HHS

ACTION: Notice.

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SUMMARY: The Centers for Medicare and Medicaid Services (CMS) is 
requesting that a new information collection request (ICR) associated 
with the Temporary Policy on 2020 Premium Credits Associated with the 
COVID-19 Public Health Emergency be processed under the emergency 
clearance process. Due to agencies inability to update CMS systems for 
IRS reporting purposes in time for tax season if the normal non-
emergency clearance procedures are followed, an emergency clearance is 
requested. Once the emergency information collection request is 
approved, CMS plans to seek public comments during the required 60-day 
and 30-day notice and comment periods associated with obtaining a 
standard (non-emergency) OMB approval. The use of normal clearance 
procedures will not allow CMS to update its enrollment data timely and 
is therefore is reasonably likely to prevent accurate and timely 
distribution of 1095-A tax forms to affected consumers. Health 
Insurance Exchanges furnish Form 1095-A to individuals to allow them to 
reconcile the credit on their returns with advance payments of the 
premium

[[Page 50028]]

tax credit (APTC) and file an accurate tax return.

DATES:  Comments must be received by August 24, 2020.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted within 10 days 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 https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.

FOR FURTHER INFORMATION CONTACT: William Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies are required 
to publish notice in the Federal Register concerning each proposed ICR. 
Interested persons are invited to send comments regarding our burden 
estimates or any other aspect of this ICR including the necessity and 
utility of the proposed ICR 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.

Contents

    This notice sets out a summary of the use and burden associated 
with the following ICR. More detailed information can be found in the 
collection's supporting statement and associated materials (see 
ADDRESSES).

CMS-10751 Collection of Premium Credit Data Related to COVID-19 
Emergency

    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. To comply with this requirement, CMS is publishing this 
notice that summarizes the following proposed collection(s) of 
information for public comment.

Information Collection

    1. Type of Information Collection Request: New collection (Request 
for a new OMB control number); Title of Information Collection: 
Collection of Premium Credit Data Related to COVID-19 Emergency; Use: 
The reporting requirements and data collection in the implementing 
regulations for the Exchanges and QHP issuers, 45 CFR parts 155 and 
156, address the minimum requirements that Qualified Health Plan (QHP) 
issuers must meet in order to comply with provisions in the Affordable 
Care Act with respect to participation in the Federally-facilitated 
Exchange (FFE) or a State-based Exchange (SBE). CMS currently has 
authority under CMS-10592/OMB Control Number: 0938-1341 to collect 
enrollment reconciliation data from QHP issuers. However, in light of 
the urgent need to help individuals and small employers experiencing 
economic hardship to maintain continuous coverage through the COVID-19 
public health emergency, CMS is adopting a policy of relaxed 
enforcement with respect to 45 CFR 156.80(d), 45 CFR 156.210(a), and 
155.400(e) and (g) to allow QHP issuers, on a temporary basis, to offer 
premium credits for 2020 coverage. Internal Revenue Service (IRS) 
regulations require that Exchanges accurately report enrollee premiums 
to the IRS and to enrollees on the annual 1095-A tax form.
    To comply with existing reporting requirements, QHP issuers in 
states with a FFE or State-based Exchange on the Federal Platform (SBE-
FP) that offer these premium credits must notify CMS of the parameters 
of these credits using the attached template. QHP issuers offering 
premium credits in a state with an SBE that relies on its own 
eligibility and enrollment system will follow any requirements 
established by the SBE for reporting planned temporary premium credits. 
QHP issuers must submit the attached template to notify CMS of all 
planned temporary premium credits for FFE or SBE-FP plans no later than 
October 1, 2020, regardless of the month(s) to which the credit will be 
applied. To ensure proper allocation of Advance Payments of the Premium 
Tax Credit (APTC) to the portion of premium that covers essential 
health benefits, CMS will adjust premium and APTC amounts in its 
enrollment data. CMS will also report to the IRS the premium and APTC 
changes in the issuer-submitted template for purposes of reconciliation 
to premium tax credits. In accordance with the implementing regulations 
of the PRA at 5 CFR 1320.13, CMS is requesting emergency processing for 
this ICR because it cannot reasonably comply with normal clearance 
procedures. Upon OMB approval of this emergency clearance request, CMS 
will follow the normal clearance procedures.
    Form Number: CMS-10751 (OMB control number: 0938-NEW); Frequency: 
One-time collection; Affected Public: Business or other for-profits and 
Not-for-profit institutions; Number of Respondents: 175; Total Annual 
Responses: 1; Total Annual Hours: 175. (For policy questions regarding 
this collection contact Anne Pesto at 410-786-3492.)

    Dated: August 11, 2020.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2020-17855 Filed 8-14-20; 8:45 am]
BILLING CODE 4120-01-P