[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56678-56680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20007]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-379, CMS-10344, CMS-10594, CMS-10415 and CMS-
1957]


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 14, 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 access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: 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-379 Financial Statement of Debtor
CMS-10344 Elimination of Cost-Sharing for full benefit dual-eligible 
Individuals Receiving Home and Community-Based Services
CMS-10594 Provider Network Coverage Data Collection

[[Page 56679]]

CMS-10415 Generic Clearance for the Collection of Qualitative Feedback 
on Agency Service Delivery
CMS-1957 Social Security Office (SSO) Report of State Buy-In Problem

    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: Financial 
Statement of Debtor; Use: CMS is authorized to collect the information 
requested on this form by sections 1124(a)(1), 1124A(a)(3), 1128, 1814, 
1815, 1833(e), and 1842(r) of the Social Security Act [42 U.S.C. 1320a-
3(a)(1), 1320a-7, 1395f, 1395g, 1395(l)(e), and 1395u(r)] and section 
31001(1) of the Debt Collection Improvement Act [31 U.S.C. 7701(c)]. 
Section 1893(f) (1)) of the Social Security Act and 42 CFR 401.607 
provides the authority for collection of this information. Section 42 
CFR 405.607 requires that, CMS recover amounts of claims due from 
debtors including interest where appropriate by direct collections in 
lump sums or in installments. The physician/supplier may be unable to 
refund a large overpaid amount in a single payment. The MAC cannot 
recover the overpayment by recoupment if the physician/supplier does 
not accept assignment of future claims, or is not expected to file 
future claims because of going out of business, illness or death. In 
these unusual circumstances, the MAC has authority to approve or deny 
extended repayment schedules up to 12 months, or may recommend to the 
Centers for Medicare and Medicaid Services (CMS) to approve up to 60 
months. Before the MAC takes these actions, the MAC will require full 
documentation of the physician's/supplier's financial situation. Thus, 
the physician/supplier must complete the CMS-379, Financial Statement 
of Debtor. Form Number: CMS-379 (OMB control number 0938-0270); 
Frequency: Annually; Affected Public: Private Sector (business or other 
for-profits, not-for-profit institutions); Number of Respondents: 500; 
Number of Responses: 500; Total Annual Hours: 1,000. (For policy 
questions regarding this collection contact Monica Thomas at 410-786-
4292).
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Elimination of 
Cost-Sharing for full benefit dual-eligible Individuals Receiving Home 
and Community-Based Services; Use: Section 1860 D-14 of the Social 
Security Act sets forth requirements for premium and cost-sharing 
subsidies for low-income beneficiaries enrolled in Medicare Part D. 
Based on this statute, 42 CFR 423.771, provides guidance concerning 
limitations for payments made by and on behalf of low-income Medicare 
beneficiaries who enroll in Part D plans. 42 CFR 423.771 (b) 
establishes requirements for determining a beneficiary's eligibility 
for full subsidy under the Part D program. Regulations set forth in 
423.780 and 423.782 outline premium and cost sharing subsidies to which 
full subsidy eligible are entitled under the Part D program.
    Each month CMS deems individuals automatically eligible for the 
full subsidy, based on data from State Medicaid Agencies and the Social 
Security Administration (SSA). The SSA sends a monthly file of 
Supplementary Security Income-eligible beneficiaries to CMS. Similarly, 
the State Medicaid agencies submit Medicare Modernization Act files to 
CMS that identify full subsidy beneficiaries. CMS deems the 
beneficiaries as having full subsidy and auto-assigns these 
beneficiaries to bench mark Part D plans. Part D plans receive premium 
amounts based on the monthly assessments. Form Number: CMS-10344 (OMB 
control number 0938-1127); Frequency: Monthly; Affected Public: Private 
Sector (business or other for-profits, not-for-profit institutions); 
Number of Respondents: 51; Number of Responses: 612; Total Annual 
Hours: 621. (For policy questions regarding this collection contact 
Roland Herrera at 410-786-0668).
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Provider Network 
Coverage Data Collection; Use: The Patient Protection and Affordable 
Care Act (Pub. L. 111-148) was signed into law on March 23, 2010. On 
March 30, 2010, the Health Care and Education Reconciliation Act of 
2010 (Pub. L. 111-152) was signed into law. The two laws are 
collectively referred to as the Affordable Care Act (ACA). The ACA 
established competitive private health insurance markets called 
Marketplaces, or Exchanges, which gave millions of Americans and small 
businesses access to affordable, quality insurance options that meet 
certain requirements. These requirements include ensuring sufficient 
choice of providers and providing information to enrollees and 
prospective enrollees on the availability of in-network and out-of-
network providers.
    In the final rule, the Patient Protection and Affordable Care Act; 
HHS Notice of Benefit and Payment Parameters for 2017 (CMS-9937-P), we 
finalized network adequacy standards for qualified health plan (QHP) 
issuers, including stand-alone dental plans (SADPs) mostly focused on 
issuers in QHPs in the Federally-facilitated Exchanges (FFEs). This 
information collection notice is for two of the standards from the 
rule: one applying in the FFE and one applying to all QHPs. 
Specifically, under 45 CFR 156.230(d) and 156.230(e), we require 
notification requirements for enrollees in cases where a provider 
leaves the network and for cases where an enrollee might be seen by an 
out of network ancillary provider in an in-network setting. These 
standards will help inform consumers about his or her health plan 
coverage to better make cost effective choices. The Centers for 
Medicare and Medicaid Services (CMS) is updating an information 
collection request (ICR) in connection with these standards. The burden 
estimates for this ICR included in this package reflects the additional 
time and effort for QHP issuers to provide these notifications to 
enrollees. Form Number: CMS-10594 (OMB control number 0938-1302); 
Frequency: Annually; Affected Public: Private Sector (business or other 
for-profits, not-for-profit institutions); Number of Respondents: 374; 
Number of Responses: 374; Total Annual Hours: 551,276. (For policy 
questions regarding this collection contact Nicole Levesque at 
[email protected]).
    4. Type of Information Collection Request: Revision of a currently 
approved colleciton; Title of Information Collection: Generic Clearance 
for the Collection of Qualitative Feedback on Agency Service Delivery; 
Use: This collection of information is necessary to enable the

[[Page 56680]]

Agency to garner customer and stakeholder feedback in an efficient, 
timely manner, in accordance with our commitment to improving service 
delivery. The information collected from our customers and stakeholders 
will help ensure that users have an effective, efficient, and 
satisfying experience with the Agency's programs. This feedback will 
provide insights into customer or stakeholder perceptions, experiences 
and expectations, provide an early warning of issues with service, or 
focus attention on areas where communication, training or changes in 
operations might improve delivery of products or services. These 
collections will allow for ongoing, collaborative and actionable 
communications between the Agency and its customers and stakeholders. 
It will also allow feedback to contribute directly to the improvement 
of program management. Collecting voluntary customer feedback is the 
least burdensome, most effective way for the Agency to determine 
whether or not its public websites are useful to and used by its 
customers. Generic clearance is needed to ensure that the Agency can 
continuously improve its websites through regular surveys developed 
from these pre-defined questions. Surveying the Agency websites on a 
regular, ongoing basis will help ensure that users have an effective, 
efficient, and satisfying experience on any of the websites, maximizing 
the impact of the information and resulting in optimum benefit for the 
public. The surveys will ensure that this communication channel meets 
customer and partner priorities, builds the Agency's brands, and 
contributes to the Agency's health and human services impact goals. 
Form Number: CMS-10415 (OMB control number 0938-1185); Frequency: 
Occasionally; Affected Public: Individuals and Households; Number of 
Respondents: 2,000,000; Number of Responses: 2,000,000; Total Annual 
Hours: 50,000. (For policy questions regarding this collection contact 
Aaron Lartey at 410-786-7866.)
    5. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Social Security 
Office (SSO) Report of State Buy-In Problem; Use: The statutory 
authority for the State Buy-in program is Section 1843 of the Social 
Security Act, amended through 1989. Under section 1843, a State can 
enter into an agreement to provide Medicare protection to individuals 
who are members of a Buyin coverage group, as specified in the State's 
Buy-in agreement. The Code of Federal Regulations at 42 CFR 407.40 
provides for States to enroll in Medicare and pay the premiums for all 
eligible members covered under a Buyin coverage group. Individuals 
enrolled in Medicare through the Buy-in program must be eligible for 
Medicare and be an eligible member of a Buy-in coverage group. The day 
to day operations of the State Buy-in program is accomplished through 
an automated data exchange process. The automated data exchange process 
is used to exchange Medicare and Buy-in entitlement information between 
the Social Security District Offices, State Medicaid Agencies and the 
Centers for Medicare & Medicaid Services (CMS). When problems arise 
that cannot be resolved though the normal data exchange process, 
clerical actions are required. The CMS-1957, ``SSO Report of State Buy-
In Problem'' is used to report Buy-in problems cases. The CMS-1957 is 
the only standardized form available for communications between the 
aforementioned agencies for the resolution of beneficiary complaints 
and inquiries regarding State Buy-in eligibility. Form Number: CMS-1957 
(OMB control number 0938-0035); Frequency: Occasionally; Affected 
Public: Individuals and Households; Number of Respondents: 1,400; 
Number of Responses: 1,400; Total Annual Hours: 467. (For policy 
questions regarding this collection contact Keith Johnson at 410-786-
2262.)

    Dated: September 12, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-20007 Filed 9-14-22; 8:45 am]
BILLING CODE 4120-01-P