[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Notices]
[Pages 32049-32051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12583]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10494 and CMS-10773]


Agency Information Collection Activities: Proposed Collection; 
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 (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

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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 August 16, 2021.

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.

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-10494 Exchange Functions: Standards for Navigators and Non-
Navigator Assistance Personnel-CAC
CMS-10773 Non-Quantitative Treatment Limitation Analyses and Compliance 
Under MHPAEA

    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

    1. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Exchange 
Functions: Standards for Navigators and Non-Navigator Assistance 
Personnel-CAC; Use: Section 1321(a)(1) of the Affordable Care Act 
directs and authorizes the Secretary to issue regulations setting 
standards for meeting the requirements under title I of the Affordable 
Care Act, with respect to, among other things, the establishment and 
operation of Exchanges. Pursuant to this authority, regulations 
establishing the certified application counselor program have been 
finalized at 45 CFR 155.225. In accordance with 155.225(d)(1) and (7), 
certified application counselors in all Exchanges are required to be 
initially certified and recertified on at least an annual basis and 
successfully complete Exchange required training. Form Number: CMS-
10494 (OMB control number: 0938-1205); Frequency: On Occasion; Affected 
Public: State, Local, or Tribal Governments, Private Sector (not-for-
profit institutions); individuals or households; Number of Respondents: 
278,072; Total Annual Responses: 278,072; Total Annual Hours: 918,024. 
For policy questions regarding this collection contact Evonne Muoneke 
at 301-492-4402.
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Non-Quantitative 
Treatment Limitation Analyses and Compliance Under MHPAEA; Use: The 
Paul Wellstone and Pete Domenici Mental Health Parity and Addiction 
Equity Act of 2008 (MHPAEA) (Pub. L. 110-343) generally requires that 
group health plans and group health insurance issuers offering mental 
health or substance use disorder (MH/SUD) benefits in addition to 
medical and surgical (med/surg) benefits do not apply any more 
restrictive financial requirements (e.g., co-pays, deductibles) and/or 
treatment limitations (e.g., visit limits, prior authorizations) to MH/
SUD benefits than those requirements and/or limitations applied to 
substantially all med/surg benefits. The Patient Protection and 
Affordable Care Act, Public Law 111-148, was enacted on March 23, 2010, 
and the Health Care and Education Reconciliation Act of 2010, Public 
Law 111-152, was enacted on March 30, 2010. These statutes are 
collectively known as the ``Affordable Care Act.'' The Affordable Care 
Act extended MHPAEA to apply to the individual health insurance market. 
MHPAEA does not apply directly to small group health plans, although 
its requirements are applied indirectly in connection with the 
Affordable Care Act's essential health benefit requirements. The 
Consolidated Appropriations Act, 2021 (the Appropriations Act) was 
enacted on December 27, 2020. The Appropriations Act amended MHPAEA, in 
part, by expressly requiring group health plans and health insurance 
issuers offering group or individual health insurance coverage that 
offer both med/surg benefits and MH/SUD benefits and that impose non-
quantitative treatment limitations (NQTLs) on MH/SUD benefits to 
perform and document their comparative analyses of the design and 
application of NQTLs. Further, beginning 45 days after the date of 
enactment of the Appropriations Act, group health plans and health 
insurance issuers offering group or individual health insurance 
coverage must make their comparative analyses available to the 
Departments of Labor, Health and Human Services (HHS), and the Treasury 
or applicable state authorities, upon request. The Secretary of HHS is 
required to request the comparative analyses for plans that involve 
potential violations of MHPAEA or complaints regarding noncompliance 
with MHPAEA that concern NQTLs and any other instances in which the 
Secretary determines appropriate. The Appropriations Act also requires 
the Secretary of HHS to submit to Congress, and make publicly 
available, an annual report on the conclusions of the reviews. Form 
Number: CMS-10773 (OMB control number: 0938-1393); Frequency: On 
Occasion; Affected Public: State, Local, or Tribal Governments, Private 
Sector; Number of Respondents: 250,137; Total Annual Responses: 36,461; 
Total Annual Hours: 1,013,184. (For policy questions

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regarding this collection, contact Usree Bandyopadhyay at 410-786-
6650.)

    Dated: June 10, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-12583 Filed 6-15-21; 8:45 am]
BILLING CODE 4120-01-P