[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Pages 54696-54697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19316]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10824, CMS-R-131 and CMS-10556]


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 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 November 7, 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-10824 Annual Notice of Chance and Evidence of Coverage for 
Applicable Integrated Plans in States that Require Integrated Materials
CMS-R-131 Advance Beneficiary Notice of Noncoverage (ABN)
CMS-10556 Medical Necessity and Contract Amendments Under Mental Health 
Parity

    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 previously 
approved collection; Title of Information Collection: Annual Notice of 
Change and Evidence of Coverage for Applicable Integrated Plans in 
States that Require Integrated Materials; Use: CMS requires AIPs to use 
the approved standardized documents to ensure that correct information 
is disclosed to current and potential enrollees. Additionally, CMS 
requires AIPs to submit the completed ANOC and EOC documents to CMS. 
CMS stores the completed templates. New and current enrollees can 
review the ANOC and EOC upon receipt to find plan benefits, premiums 
and cost sharing for the coming year to be in a better position to make 
informed and educated plan selections. CMS does not require new and 
current enrollees to review the documents or use them in any way.
    MA organizations with AIPs in States that require these integrated 
documents upload ANOC and EOC documents into the Health Plan Management 
System (HPMS) to ensure accuracy and regulatory compliance. Section 
422.111(h)(2)(ii) requires that, the ANOC/EOC be available on the 
website and 422.111(d)(2) requires that the plan send the ANOC to the 
enrollee in hard copy format, upon request. Section 423.128(d)(2) 
requires that Part D sponsors post the ANOC and EOC documents on their 
website and send the ANOC only to enrollees electronically or in hard 
copy. Form Number: CMS-10824 (OMB control number: 0938-New); Frequency: 
Annually; Affected Public: Private Sector; Businesses or other for-
profits; Number of Respondents: 47; Total Annual Responses: 47; Total 
Annual Hours: 564. (For policy questions regarding this collection 
contact Julie Jones at 630-337-5863.)
    2. Type of Information Collection Request: Extension of a 
previously approved collection; Title of Information Collection: 
Advance Beneficiary Notice of Noncoverage (ABN); Use: The use of the 
written Advance Beneficiary Notice of Non-coverage (ABN) is to inform 
Medicare beneficiaries of their liability under specific conditions. 
This has been available since the ``limitation on liability'' 
provisions in section 1879 of the Social Security Act (the Act) were 
enacted in 1972 (Pub. L. 92-603).
    The ABNs are not given every time items and services are delivered. 
Rather, ABNs are given only when a physician, provider, practitioner, 
or supplier anticipates that Medicare will not provide payment in 
specific cases. An ABN may be given, and the beneficiary may 
subsequently choose not to receive the item or service. An ABN may also 
be issued because of other applicable statutory requirements other than 
Sec.  1862(a)(1) such as when a beneficiary wants to obtain an item 
from a supplier who has not met Medicare supplier number requirements, 
as listed in section 1834(j)(1) of the Act or when statutory 
requirements for issuance specific to HHAs are applicable. Form Number: 
CMS-R-131 (OMB control number: 0938-0566); Frequency:

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Occasionally; Affected Public: Private Sector; Businesses or other for-
profits, Not-for-profits institutions; Number of Respondents: 
1,701,558; Total Annual Responses: 323,947,630; Total Annual Hours: 
37,794,970. (For policy questions regarding this collection contact 
Jennifer McCormick at 410-786-2852.)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Medical Necessity 
and Contract Amendments Under Mental Health Parity; Use: Upon request, 
regulated entities must provide a medical necessity disclosure. 
Receiving this information will enable potential and current enrollees 
to make more educated decisions given the choices available to them 
through their plans and may result in better treatment of their mental 
health or substance use disorder (MH/SUD) conditions. States use the 
information collected and reported as part of its contracting process 
with managed care entities, as well as its compliance oversight role. 
In states where a Medicaid Managed Care Organization (MCO) is 
responsible for providing the full scope of medical/surgical and MH/SUD 
services to beneficiaries, the state will review the parity analysis 
provided by the MCO to confirm that the MCO benefits are in compliance. 
CMS uses the information collected and reported in an oversight role of 
State Medicaid managed care programs. Form Number: CMS-10556 (OMB 
control number: 0938-1280); Frequency: Once and occasionally; Affected 
Public: Individuals and households, the Private sector, and State, 
Local, or Tribal Governments; Number of Respondents: 71,104,769; Total 
Annual Responses: 426,628; Total Annual Hours: 71,294. (For policy 
questions regarding this collection contact Matthew Rodriguez at 303-
844-4724.)

    Dated: September 1, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-19316 Filed 9-6-22; 8:45 am]
BILLING CODE 4120-01-P