[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Notices]
[Pages 32028-32030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11301]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers CMS-10065/10066, CMS-10611, CMS-10464, CMS-10430 
and CMS-10492]


Agency Information Collection Activities: Proposed Collection; 
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 (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 July 25, 2022.

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.

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-10065/10066 Hospital Notices: IM/DND
CMS-10611 Medicare Outpatient Observation Notice (MOON)
CMS-10464 Agent/Broker Data Collection in Federally-Facilitated Health 
Insurance Exchanges
CMS-10430 Compliance with Individual and Group Market Reforms under 
Title XXVII of the Public Health Service Act
CMS-10492 Data Submission Requirements to Receive the Federally-
facilitated Exchange User Fee Adjustment
    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: Extension of a currently 
approved collection; Title of Information Collection: Hospital Notices: 
IM/DND; Use: The purpose of

[[Page 32029]]

the IM is to inform beneficiaries and enrollees of their rights as 
hospital inpatients and how to request a discharge appeal by a Quality 
Improvement Organization (QIO) and how to file a request. For all 
Medicare beneficiaries, hospitals must deliver valid, written notice of 
a beneficiary's rights as a hospital inpatient, including discharge 
appeal rights. The hospital must use a standardized notice, as 
specified by CMS. This is satisfied by IM delivery.
    Consistent with 42 CFR 405.1205 for Original Medicare and 422.620 
for Medicare health plans, hospitals must provide the initial IM within 
2 calendar days of admission. A follow-up copy of the signed IM is 
given no more than 2 calendar days before discharge. The follow-up copy 
is not required if the first IM is provided within 2 calendar days of 
discharge. In accordance with 42 CFR 405.1206 for Original Medicare and 
422.622 for Medicare health plans, if a beneficiary/enrollee appeals 
the discharge decision, the beneficiary/enrollee and the QIO must 
receive a detailed explanation of the reason's services should end. 
This detailed explanation is provided to the beneficiary/enrollee using 
the DND, the second notice included in this renewal package. Form 
Number: CMS-10065/10066 (OMB control number: 0938-1019); Frequency: 
Yearly; Affected Public: Private Sector (Business or other for-profits, 
Not-for-Profit Institutions); Number of Respondents: 14,087,086; Total 
Annual Responses: 14,087,086; Total Annual Hours: 2,385,107. (For 
policy questions regarding this collection contact Janet Miller at 
[email protected].)
    2. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Medicare Outpatient Observation Notice (MOON); Use: The Medicare 
Outpatient Observation Notice (MOON) serves as the written notice 
component of this mandatory notification process. The standardized 
content of the MOON includes all informational elements required by 
statute, in language understandable to beneficiaries, and fulfils the 
regulatory requirements at 42 CFR part 489.20(y).
    The MOON is a standardized notice delivered to persons entitled to 
Medicare benefits under Title XVIII of the Act who receive more than 24 
hours of observation services, informing them that their hospital stay 
is outpatient and not inpatient, and the implications of being an 
outpatient. This information collection applies to beneficiaries in 
Original Medicare and enrollees in Medicare health plans. Form Number: 
CMS-10611 (OMB control number: 0938-1308); Frequency: Yearly; Affected 
Public: State, Local, or Tribal Governments; Number of Respondents: 
4,312; Total Annual Responses: 683,222; Total Annual Hours: 170,806. 
(For policy questions regarding this collection contact Janet Miller at 
[email protected].)
    3. Type of Information Collection Request: Extension of a currently 
approved information collection; Title of Information Collection: 
Agent/Broker Data Collection in Federally-Facilitated Health Insurance 
Exchanges; Use: The Patient Protection and Affordable Care Act, Public 
Law 111-148, enacted on March 23, 2010, and the Health Care and 
Education Reconciliation Act, Public Law 111-152, enacted on March 30, 
2010 (collectively, ``Affordable Care Act''), expands access to health 
insurance for individuals and employees of small businesses through the 
establishment of new Affordable Insurance Exchanges (Exchanges), also 
called Marketplaces, including the Small Business Health Options 
Program (SHOP).
    The Centers for Medicare & Medicaid Services (CMS) recognizes the 
longstanding role that agents/brokers have played in connecting 
individuals and small businesses with health insurance products. 
Section 1312(e) of the Affordable Care Act and 45 CFR 155.220(a)(1) 
expands the role of agents/brokers by permitting them to enroll 
qualified individuals or small employers/employees in qualified health 
plans (QHPs) through the Exchanges, and assist individuals in applying 
for Advance Premium Tax Credits (APTCs) and Cost Sharing Reductions 
(CSRs). To participate as facilitators to enrollment, agents/brokers 
must register with the FFE, complete a training course covering 
eligibility and enrollment criteria for assisting in QHP enrollment, 
and sign agreements that formalize their understanding and commitment 
to adhere to the rules of the program. This requirement is specific to 
the FFE and does not automatically apply to State-based Exchanges 
(SBEs). This ICR serves as the formal request for renewal of the 
existing data collection. Form Number: CMS-10464 (OMB control number: 
0938-1204); Frequency: Annually; Affected Public: Private Sector 
(Business or other for-profits) Number of Respondents: 64,000; Number 
of Responses: 64,000; Total Annual Hours: 15,360. (For questions 
regarding this collection contact Madeline Pellish at 301-492-4390).
    4. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Information 
Collection Requirements for Compliance with Individual and Group Market 
Reforms under Title XXVII of the Public Health Service Act; Use: 
Sections 2723 and 2761 of the Public Health Service Act (PHS Act) 
direct the Centers for Medicare and Medicaid Services (CMS) to enforce 
a provision (or provisions) of title XXVII of the PHS Act (including 
the implementing regulations in parts 144, 146, 147, and 148 of title 
45 of the Code of Federal Regulations) with respect to health insurance 
issuers when a state has notified CMS that it has not enacted 
legislation to enforce or that it is not otherwise enforcing a 
provision (or provisions) of the group and individual market reforms 
with respect to health insurance issuers, or when CMS has determined 
that a state is not substantially enforcing one or more of those 
provisions. Section 2723 of the PHS Act directs CMS to enforce an 
applicable provision (or applicable provisions) of title XXVII of the 
PHS Act (including the implementing regulations in parts 146 and 147 of 
title 45 of the Code of Federal Regulations) with respect to group 
health plans that are non-Federal governmental plans. This collection 
of information includes requirements that are necessary for CMS to 
conduct compliance review activities. Form Number: CMS-10430 (OMB 
control number: 0938-0702); Frequency: Annually; Affected Public: 
Private Sector, State, Local, or Tribal Governments; Number of 
Respondents: 794; Total Annual Responses: 51,385; Total Annual Hours: 
1,786. (For policy questions regarding this collection contact Usree 
Bandyopadhyay at 410-786-6650.)
    5. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Data Submission 
for the Federally-facilitated Exchange User Fee Adjustment; Use: 
Section 2713 of the Public Health Service Act requires coverage without 
cost sharing of certain preventive health services, including certain 
contraceptive services, in non-exempt, non-grandfathered group health 
plans and health insurance coverage. The final regulations establish 
rules under which the third party administrator of the plan would 
provide or arrange for a third party to provide separate contraceptive 
coverage to plan participants and beneficiaries without cost sharing, 
premium, fee, or other charge to plan participants or beneficiaries or 
to the

[[Page 32030]]

eligible organization or its plan. Eligible organizations are required 
to self-certify that they are eligible for this accommodation and 
provide a copy of such self-certification to their third party 
administrators. The final rules also set forth processes and standards 
to fund the payments for the contraceptive services that are provided 
for participants and beneficiaries in self-insured plans of eligible 
organizations under the accommodation described previously, through an 
adjustment in the FFE user fee payable by an issuer participating in an 
FFE.
    CMS will use the data collections from participating issuers and 
third party administrators to verify the total dollar amount for such 
payments for contraceptive services provided under this accommodation 
for the purpose of determining a participating issuer's user fee 
adjustment. The attestation that the payments for contraceptive 
services were made in compliance with 26 CFR 54.9815-2713A(b)(2) or 29 
CFR 2590.715-2713A(b)(2) will help ensure that the user fee adjustment 
is being utilized to provide contraceptive services for the self-
insured plans in accordance with the previously noted accommodation. 
Form Number: CMS-10492 (OMB control number: 0938-1285); Frequency: 
Annually; Affected Public: Private sector (Business or other for-
profits and Not-for-profit institutions); Number of Respondents: 861; 
Total Annual Responses: 861; Total Annual Hours: 12,930. (For policy 
questions regarding this collection contact Jacqueline Wilson at 
[email protected].)

William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-11301 Filed 5-25-22; 8:45 am]
BILLING CODE 4120-01-P