[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64940-64941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25316]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10341 and CMS-10653]


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

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

-----------------------------------------------------------------------

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 December 20, 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.

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 of a currently 
approved collection; Title of Information Collection: Section 1115 
Demonstration Projects Regulations at 42 CFR 431.408, 431.412, 431.420, 
431.424, and 431.428; Use: This collection is necessary to ensure that 
states comply with regulatory and statutory requirements related to the 
development, implementation and evaluation of demonstration projects. 
States seeking waiver authority under Section 1115 are required to meet 
certain requirements for public notice, the evaluation of demonstration 
projects, and reports to the Secretary on the implementation of 
approved demonstrations. Form Number: CMS-10341 (OMB control number: 
0938-1162); Frequency: Yearly and quarterly; Affected Public: State, 
Local, or Tribal Governments; Number of Respondents: 48; Total Annual 
Responses: 403; Total Annual Hours: 41,847. (For policy questions 
regarding this collection contact Tonya Moore at 410-786-0019.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Coverage of 
Certain Preventive Services Under the Affordable Care Act; Use: The 
2018 final regulations titled ``Religious Exemptions and Accommodations 
for Coverage of Certain Preventive Services Under the Affordable Care 
Act'' (83 FR 57536) and ``Moral Exemptions and Accommodations for 
Coverage of Certain Preventive Services Under the

[[Page 64941]]

Affordable Care Act'' (83 FR 57592) expand exemptions for religious 
beliefs and moral convictions for certain entities or individuals whose 
health plans may otherwise be subject to a mandate of contraceptive 
coverage through guidance issued pursuant to the Patient Protection and 
Affordable Care Act. The final regulations extend the exemption to 
health insurance issuers that hold religious or moral objections in 
certain circumstances, as well as to additional categories of group 
health plan sponsors.
    The 2018 final regulations also leave the accommodation process in 
place as an optional process for objecting entities who wish to use it, 
and expand the categories of group health plan sponsors that may avail 
themselves of the accommodation. To avoid contracting, arranging, 
paying, or referring for contraceptive coverage, an organization 
seeking to be treated as an eligible organization may self-certify (by 
using EBSA Form 700), prior to the beginning of the first plan year to 
which an accommodation is to apply, that it meets the definition of an 
eligible organization. The eligible organization must provide a copy of 
its self-certification to each health insurance issuer that would 
otherwise provide such coverage in connection with the health plan (for 
insured group health plans or student health insurance coverage). The 
issuer that receives the self-certification must provide separate 
payments for contraceptive services for plan participants and 
beneficiaries (or students and dependents). For a self-insured group 
health plan, the self-certification must be provided to its third party 
administrator. An eligible organization may submit a notification to 
HHS as an alternative to submitting EBSA Form 700 to the eligible 
organization's health insurance issuer or third party administrator. A 
health insurance issuer or third party administrator providing or 
arranging payments for contraceptive services for participants and 
beneficiaries in plans (or student enrollees and covered dependents in 
student health insurance coverage) of eligible organizations must 
provide a written notice to such plan participants and beneficiaries 
(or such student enrollees and covered dependents) informing them of 
the availability of such payments.
    Under the 2018 final regulations, eligible organizations can revoke 
the accommodation process if participants and beneficiaries (or student 
enrollees and covered dependents) receive written notice of such 
revocation from the issuer or third party administrator, and such 
revocation will be effective on the first day of the first plan year 
that begins on or after thirty days after the date of revocation. Final 
regulations were published in the Federal Register on July 14, 2015 (80 
FR 41318) under which qualifying closely held, for-profit entities may 
avail themselves of the accommodation. Previously, this accommodation 
had been available only to non-profit eligible organizations. The 2015 
final regulations also finalized the 2014 interim final regulations 
that permit an eligible organization to notify HHS directly that it 
will not contract, arrange, pay, or refer for all or a subset of 
contraceptive services. These information collection requirements 
(ICRs) are intended for use under whichever accommodation process is in 
effect at the time an entity avails of it (for example, the 2018 final 
regulations, or the 2015 final regulations). HHS will only implement 
the ICRs under regulations that are legally in effect at the time the 
ICRs are used. Form Number: CMS-10653 (OMB Control number 0938-1344); 
Frequency: On Occasion; Affected Public: Private Sector; Number of 
Respondents: 60; Number of Responses: 595,312; Total Annual Hours: 72. 
(For policy questions regarding this collection, contact Usree 
Bandyopadhyay at 410-786-6650.)

    Dated: November 16, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-25316 Filed 11-18-21; 8:45 am]
BILLING CODE 4120-01-P