[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82483-82484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27885]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-10346]


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

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
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 (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 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 on the collection(s) of information must be received by 
the OMB desk officer by January 19, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain . Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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. Call the Reports Clearance Office at (410) 786-1326.

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

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 without change 
of a currently approved collection; Title of Information Collection: 
Appeals of Quality Bonus Payment Determinations;

[[Page 82484]]

Use: Section 1853(o) of the Social Security Act (the Act) requires CMS 
to make QBPs to MA organizations that achieve performance rating scores 
of at least 4 stars under a five-star rating system. While CMS has 
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. Additionally, section 1854(b)(1)(C)(v) of 
the Act, as added by the Affordable Care Act, also requires CMS 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.
    The information collected on the Request for Reconsideration form 
from MA organizations is considered by the reconsideration official and 
potentially the hearing officer to review CMS's determination of the 
organization's eligibility for a QBP. The form asks MA organizations to 
select the Star Ratings measure(s) they believe was miscalculated or 
used incorrect data and describe what they believe is the issue. Under 
Sec.  422.260(c)(3)(ii) these are the only bases for appeals. In 
conducting the reconsideration, the reconsideration official will 
review the QBP determination, the evidence and findings upon which it 
was based, and any other written evidence submitted by the organization 
with their Request for Reconsideration or by CMS before the 
reconsideration determination is made.
    The administrative review process is a two-step process that 
includes a request for reconsideration and a request for an informal 
hearing on the record after CMS has sent the MA organization the 
reconsideration decision. Both steps are conducted at the contract 
level. The first step allows the MA organization to request a 
reconsideration of how its Star Rating for the given measure in 
question was calculated and/or what data were included in the measure. 
If the MA organization is dissatisfied with CMS's reconsideration 
decision, the contract may request an informal hearing to be conducted 
by a hearing officer designated by CMS. MA organizations will have 10 
business days from the time we issue the notice of QBP status to submit 
a request for reconsideration. MA organizations will have 10 business 
days after the issuance of the reconsideration determination to request 
an informal hearing on the record. Form Number: CMS-10346 (OMB control 
number: 0938-1129); Frequency: Yearly; Affected Public: Private Sector; 
Number of Respondents: 20; Total Annual Responses: 20; Total Annual 
Hours: 160. (For policy questions regarding this collection contact Joy 
Binion at 410-786-6567.)

    Dated: December 15, 2020.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2020-27885 Filed 12-17-20; 8:45 am]
BILLING CODE 4120-01-P