[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60403-60404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21657]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10260 & CMS-10142]


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 December 5, 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, please 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).


[[Page 60404]]


CMS-10260--Medicare Advantage and Prescription Drug Program: Final 
Marketing Provisions in 42 CFR 422.111(a)(3) and 423.128(a)(3).
CMS-10142--Bid Pricing Tool (BPT) for Medicare Advantage (MA) Plans and 
Prescription Drug Plans (PDP).

    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: Medicare 
Advantage and Prescription Drug Program: Final Marketing Provisions in 
42 CFR 422.111(a)(3) and 423.128(a)(3); Use: CMS requires MA 
organizations and Part D sponsors to use the standardized documents 
being submitted for OMB approval to satisfy disclosure requirements 
mandated by section 1851 (d)(3)(A) of the Act and Sec.  422.111 for MA 
organizations and section 1860D-1(c) of the Act and Sec.  423.128(a)(3) 
for Part D sponsors.
    The regulatory provisions at Sec. Sec.  422.111(b) and 423.128(b) 
require MA organizations and Part D sponsors to disclose plan 
information, including: service area, benefits, access, grievance and 
appeals procedures, and quality improvement/assurance requirements. MA 
organizations and sponsors may send the ANOC separately from the EOC, 
but must send the ANOC for enrollee receipt by September 30. The 
required due date for the EOC is 15 days prior to the start of the AEP.
    CMS requires MA organization and Part D sponsors to submit 
marketing materials to CMS for review prior to the MA organization or 
sponsor distributing those materials to the public. In section 1851(h), 
paragraphs (1), (2), and (3) establish this requirement for MA 
organizations. Section 1860D-1(b)(1)(B)(vi) directs Part D sponsors to 
follow the same requirements in section 1851(h) that MA organizations 
must follow for this purpose. Form number: CMS-10260 (OMB control 
number: 0938-1051); Frequency: Annually; Affected Public: State, Local, 
or Tribal Governments; Number of Respondents: 800; Number of Responses: 
48,439; Total Burden Hours: 33,419.50. (For questions regarding this 
collection contact Elizabeth Jacob at 410-786-8658).
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Bid Pricing Tool 
(BPT) for Medicare Advantage (MA) Plans and Prescription Drug Plans 
(PDP); Use: Medicare Advantage organizations (MAO) and Prescription 
Drug Plans (PDP) are required to submit an actuarial pricing ``bid'' 
for each plan offered to Medicare beneficiaries for approval by CMS. 
The MAOs and PDPs use the Bid Pricing Tool (BPT) software to develop 
their actuarial pricing bid. The competitive bidding process defined by 
the ``The Medicare Prescription Drug, Improvement, and Modernization 
Act'' (MMA) applies to both the MA and Part D programs. It is an annual 
process that encompasses the release of the MA rate book in April, the 
bid's that plans submit to CMS in June, and the release of the Part D 
and RPPO benchmarks, which typically occurs in August. Form number: 
CMS-10142 (OMB control number: 0938-0944); Frequency: Annually; 
Affected Public: Private Sector, Business or other for-profits, Not-
for-profit institutions; Number of Respondents: 555; Number of 
Responses: 4,995; Total Burden Hours: 149,850. (For questions regarding 
this collection contact Rachel Shevland at 410-786-3026).

    Dated: September 30, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-21657 Filed 10-4-22; 8:45 am]
BILLING CODE 4120-01-P