[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7974-7976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02579]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers CMS-R-262, CMS-R-282, CMS-10227, CMS-10609 and 
CMS-10731]


Agency Information Collection Activities: Submission for OMB 
Review; 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 (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

[[Page 7975]]

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 March 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: Revision of a currently 
approved collection; Title of Information Collection: CMS Plan Benefit 
Package (PBP) and Formulary CY 2024; Use: Under the Medicare 
Modernization Act (MMA), Medicare Advantage (MA) and Prescription Drug 
Plan (PDP) organizations are required to submit plan benefit packages 
for all Medicare beneficiaries residing in their service area. The plan 
benefit package submission consists of the Plan Benefit Package (PBP) 
software, formulary file, and supporting documentation, as necessary. 
MA and PDP organizations use the PBP software to describe their 
organization's plan benefit packages, including information on 
premiums, cost sharing, authorization rules, and supplemental benefits. 
They also generate a formulary to describe their list of drugs, 
including information on prior authorization, step therapy, tiering, 
and quantity limits.
    CMS requires that MA and PDP organizations submit a completed PBP 
and formulary as part of the annual bidding process. During this 
process, organizations prepare their proposed plan benefit packages for 
the upcoming contract year and submit them to CMS for review and 
approval. CMS uses this data to review and approve the benefit packages 
that the plans will offer to Medicare beneficiaries. This allows CMS to 
review the benefit packages in a consistent way across all submitted 
bids during with incredibly tight timeframes. This data is also used to 
populate data on Medicare Plan Finder, which allows beneficiaries to 
access and compare Medicare Advantage and Prescription Drug plans. Form 
Number: CMS-R-262 (OMB control number: 0938-0763); Frequency: Yearly; 
Affected Public: Private Sector, Business or other for-profits, Not-
for-profits institutions; Number of Respondents: 839; Total Annual 
Responses: 8,932; Total Annual Hours: 57,126. (For policy questions 
regarding this collection contact Kristy Holtje, at 410-786-2209.)
    2. Type of Information Collection Request: Extension with no change 
of a currently approved collection; Title of Information Collection: 
Medicare Advantage Appeals and Grievance Data Form; Use: Part 422 of 
Title 42 of the Code of Federal Regulations (CFR) distinguishes between 
certain information a Medicare Advantage (MA) organization must provide 
to each enrollee (on an annual basis) and information that the MA 
organization must disclose to any MA eligible individual (upon 
request). This requirement can be found in Sec.  1852(c)(2)(C) of the 
Social Security Act and in 42 CFR 422.111(c)(3) which states that MA 
organizations must disclose information pertaining to the number of 
disputes, and their disposition in the aggregate, with the categories 
of grievances and appeals, to any individual eligible to elect an MA 
organization who requests this information.
    The appeals and grievance data form is an OMB approved form for use 
by Medicare Advantage organizations to disclose grievance and appeal 
data, upon request, to individuals eligible to elect an MA 
organization. By utilizing the form, MA organizations will meet the 
disclosure requirements set forth in regulations at 42 CFR 
422.111(c)(3). Form Number: CMS-R-282 (OMB control number: 0938-0778); 
Frequency: Yearly; Affected Public: State, Local, or Tribal 
Governments; Number of Respondents: 949; Total Annual Responses: 
63,740; Total Annual Hours: 5,964. (For policy questions regarding this 
collection contact Sabrina Edmonston at 410-786-3209.)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: PACE State Plan 
Amendment Preprint; Use: If a state elects to offer PACE as an optional 
Medicaid benefit, it must complete a state plan amendment preprint 
packet described as ``Enclosures 3, 4, 5, 6, and 7.'' CMS will review 
the information provided in order to determine if the state has 
properly elected to cover PACE services as a state plan option. In the 
event that the state changes something in the state plan, only the 
affected page must be updated. Form Number: CMS-10227 (OMB control 
number: 0938-1027); Frequency: Once and occasionally; Affected Public: 
State, Local, or Tribal Governments; Number of Respondents: 7; Total 
Annual Responses: 2; Total Annual Hours: 140. (For policy questions 
regarding this collection contact Angela Cimino at 410-786-2638.)
    4. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicaid Program 
Face-to-Face Requirements for Home Health Services and Supporting 
Regulations; Use: Physicians (or for medical equipment, authorized non-
physician practitioners (NPPs) including nurse practitioners, clinical 
nurse specialists and physician assistants) must document that there 
was a face-to-face encounter with the Medicaid beneficiary prior to the 
physician making a certification that home health services are 
required. The burden associated with this requirement is the time and 
effort to complete this documentation. The burden also includes 
writing, typing, or dictating the face-to-face documentation and 
signing/dating the documentation.
    Section 3708 of the Coronavirus Aid, Relief, and Economic Security 
(CARES) Act permits nurse practitioners (NPs), clinical nurse 
specialists (CNSs), and

[[Page 7976]]

physician assistants (PAs) to certify the need for home health services 
and to order services in the Medicare and Medicaid programs. As such, 
under CMS-5531-IFC, CMS amended 42 CFR 440.70 to remove the requirement 
that the NPPs have to communicate the clinical finding of the face-to-
face encounter to the ordering physician. With expanding authority to 
order home health services, the CARES Act also provided that such 
practitioners are now capable of independently performing the face-to-
face encounter for the patient for whom they are the ordering 
practitioner, in accordance with state law. Form Number: CMS-10609 (OMB 
control number: 0938-1319); Frequency: Occasionally; Affected Public: 
Private sector (business or other for-profits); Number of Respondents: 
381,148; Total Annual Responses: 1,143,443; Total Annual Hours: 
190,955. (For policy questions regarding this collection contact 
Alexandra Eitel at 410-786-0790.)
    5. Type of Information Collection Request: New collection (Request 
for a new OMB control number); Title of Information Collection: Generic 
Clearance for CMS and Medicare Administrative Contractor (MAC) Generic 
Customer Experience; Use: The Centers for Medicare & Medicaid Services 
(CMS) is requesting approval to collect generic feedback from 
respondents including, but not limited to Medicare providers, Medicare 
suppliers, provider or supplier staff, billers, credentialing agencies, 
researchers, clearinghouses, consultants, and attorneys. These surveys 
will give us insights into customers' perceptions and opinions and will 
be used to improve customer experiences and communications materials; 
however, the results will not be generalized to the population of 
study.
    Improving agency programs requires ongoing systemic review of 
service delivery and program operations compared to defined standards. 
We'll use multiple methods to collect, analyze, and interpret 
information from this generic clearance to find the strengths and 
weaknesses of our current services. We'll use this feedback to inform 
process improvements or maintain service quality offered to providers 
and stakeholders. Form Number: CMS-10731 (OMB control number: 0938-
New); Frequency: Occasionally; Affected Public: Private sector 
(business or other for-profits); Number of Respondents: 997,100; Total 
Annual Responses: 997,100; Total Annual Hours: 50,000. (For policy 
questions regarding this collection contact Alyssa Schaub-Rimel at 410-
786-4660.)

    Dated: February 2, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory.
[FR Doc. 2023-02579 Filed 2-6-23; 8:45 am]
BILLING CODE 4120-01-P