[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27517-27518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09198]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10853]


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 July 3, 2023.

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

[[Page 27518]]

and associated materials (see ADDRESSES).

CMS 10853 Patient Provider Dispute Resolution Requirements Related to 
Surprise Billing: Part II

    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: New collection (Request 
for a new OMB control number); Title of Information Collection: Patient 
Provider Dispute Resolution Requirements Related to Surprise Billing: 
Part II; Use: The Consolidated Appropriations Act, 2021 (CAA), which 
includes the No Surprises Act provides Federal protections against 
surprise billing and limits out-of-network cost sharing under many of 
the circumstances in which surprise bills arise most frequently.
    The Act adds a new Part E of title XXVII of the Public Health 
Service Act establishing requirements applicable to providers, and 
facilities. These include provisions at new PHS Act sections 2799B-6 
which requires providers and facilities to furnish a good faith 
estimate of expected charges upon request or upon scheduling an item or 
service for an individual. Providers and facilities are required to 
inquire if an individual is enrolled in a group health plan, group or 
individual health insurance coverage, a Federal Employees Health 
Benefits (FEHB) plan, or a Federal health care program and if enrolled 
in a group health plan, or group or individual health insurance 
coverage, or a health benefits plan under chapter 89 of title 5, 
whether the individual is seeking to have a claim for such item or 
service submitted to such plan or coverage (hereafter referred to as an 
``uninsured (or self-pay) individual''). In the case that an uninsured 
(or self-pay) individual requesting a good faith estimate for an item 
or service or schedules an item or service to be furnished, PHS Act 
section 2799B-6(2)(B) and the October 2021 interim final rules at 45 
CFR 149.610 require providers and facilities to furnish the good faith 
estimate to the uninsured (or self-pay) individual.
    No Surprises Act section 112 also adds PHS Act section 2799B-7 as 
added by the interim final rules at 45 CFR 149.620 which directs the 
Secretary of HHS to establish a process under which an uninsured (or 
self-pay) individual can avail themselves of a patient-provider dispute 
resolution (PPDR) process if their billed charges after receiving an 
item or service are substantially in excess of the expected charges 
listed in the good faith estimate furnished by the provider or 
facility, pursuant to PHS Act section 2799B-6. This information 
collection request (ICR) focuses on the patient-provider dispute 
resolution process requirements under the October 2021 interim final 
rules (October 7, 2021, 86 FR 55980).

    Dated: April 26, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-09198 Filed 5-1-23; 8:45 am]
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