[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1387-1388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00275]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-10594, CMS-10595, CMS-10628 and CMS-10142]


Agency Information Collection Activities: Submission for OMB 
Review; 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 (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 February 9, 2023.

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, 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 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: 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

[[Page 1388]]

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]).
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Third Party 
Payment of QHP Premiums and Additional Notices for QHP Issuers Data 
Collection; Use: The Patient Protection and Affordable Care Act (Pub. 
L. 111-148) and Health Care and Reconciliation Act of 2010 (Pub. L. 
111-152), collectively referred to as PPACA, established new 
competitive private health insurance markets called Marketplaces, or 
Exchanges, which gave millions of Americans and small businesses access 
to qualified health plans (QHPs), including stand-alone dental plans 
(SADPs)-private health and private health and dental insurance plans 
that have been certified as meeting certain standards.
    In the final rule, the Patient Protection and Affordable Care Act, 
HHS Notice of Benefit and Payment Parameters for 2017 (CMS-9937-F), we 
finalized 45 CFR 156.1256, which requires QHP issuers, in the case of a 
material plan or benefit display error included in 45 CFR 
155.420(d)(12), to notify their enrollees of the error and the 
enrollees' eligibility for a special enrollment period (SEP) within 30 
calendar days after the issuer is informed by an Federally-facilitated 
Exchange (FFE) that the error is corrected, if directed to do so by the 
FFE. This requirement provides notification to QHP enrollees of errors 
that may have impacted their QHP selection and enrollment and any 
associated monthly or annual costs, as well as the availability of an 
SEP under 155.420(d)(12) for the enrollee to select a different QHP, if 
desired. The Centers for Medicare and Medicaid Services (CMS) is 
formally submitting this renewal information collection request (ICR) 
to OMB for 3-year approval in connection with standards regarding Plan 
or Display Errors and SEPs. The portion of the ICR related to Third 
Party Payments has been removed. The burden estimate for the ICR 
included in this package reflects the time and effort for QHP issuers 
to provide notifications to enrollees on the ICRs regarding Plan or 
Display Errors and SEPs. Form number: CMS-10595 (OMB control number: 
0938-1301); Frequency: Annually; Affected Public: Private Sector 
(business or other for-profits, not-for-profit institutions); Number of 
Respondents: 374; Number of Responses: 374; Total Burden Hours: 293. 
(For questions regarding this collection contact Samantha Nguyen Kella 
at 816-426-6339).
    3. Type of Information Collection Request: Reinstatement of a 
previously approved collection; Title of Information Collection: 
Initial Request for State Implemented Moratorium Form; Use: Congress 
has enacted section 1866 (j)(7) of the Social Security Act, which 
allows for the imposition of temporary moratorium. CMS promulgated 42 
CFR 424.570 in order to comply with that statute, which requires that 
prior to implementing state Medicaid moratoria the state Medicaid 
agency must notify the Secretary in writing, including all of the 
details of the moratoria, and obtain the Secretary's concurrence with 
the imposition of the moratoria.
    The Initial Request for State Medicaid Implemented Moratorium, 
named the ``Initial Request for State Medicaid Implemented Moratorium'' 
has been created to collect that data, in a uniform manner, which the 
states report to CMS when they request a moratorium. Currently, CMS is 
collecting this data on an ad-hoc basis, however this process needs to 
be standardized so that moratoria decisions are being made based on the 
same criteria each time. The form may be used by states and territories 
who wish to impose a Medicaid or Children's Health Insurance Program 
moratorium. CMS will use this information as a standardized method to 
collect and track state-imposed moratoria requests. Form number: CMS-
10628 (OMB control number: 0938-1328); Frequency: Occasionally; 
Affected Public: State, Local, or Tribal Governments; Number of 
Respondents: 5; Number of Responses: 5; Total Burden Hours: 25. (For 
questions regarding this collection contact Alisha Sanders at 410-786-
0671).
    4. 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: January 5, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-00275 Filed 1-9-23; 8:45 am]
BILLING CODE 4120-01-P