[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29133-29134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09553]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10704]


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 June 5, 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: Health 
Reimbursement Arrangements and Other Account-Based Group Health Plans; 
Use: On June 20, 2019, the Department of the Treasury, the Department 
of Labor, and the Department of Health and Human Services 
(collectively, the Departments) issued final regulations titled 
``Health Reimbursement Arrangements and Other Account-Based Group 
Health Plans'' (84 FR 28888) under section 2711 of the PHS Act and the 
health nondiscrimination provisions of HIPAA, Public Law 104-191 (HIPAA 
nondiscrimination provisions). The regulations expanded the use of 
health reimbursement arrangements and other account-based group health 
plans (collectively referred to as HRAs) and recognized certain HRAs as 
limited excepted benefits (the excepted benefit HRA), for plan years 
beginning on or after January 1, 2020. In general, the regulations 
expanded the use of HRAs by eliminating the prohibition on integrating 
HRAs with individual health insurance coverage, thereby permitting 
employers to offer individual coverage HRAs to employees that can be 
integrated with individual health insurance coverage or Medicare Parts 
A and B, or Part C. Under the regulations, employees are permitted to 
use amounts in an individual coverage HRA to pay expenses for medical 
care (including premiums for individual health insurance coverage and 
Medicare), subject to certain requirements. This information collection 
includes provisions related to substantiation of individual health 
insurance coverage (45 CFR 146.123(c)(5)), the notice requirement for 
individual coverage HRAs (45 CFR 146.123(c)(6)), and notification of 
termination of coverage (45 CFR 146.123(c)(1)(iii)). In the final rule 
``Patient Protection and Affordable Care Act; HHS Notice of Benefit and 
Payment Parameters for 2021; Notice Requirement for Non-federal 
Governmental Plans'' (85 FR 29164), under 45 CFR 
146.145(b)(3)(viii)(E), excepted benefit HRAs offered by non-Federal 
governmental plan sponsors are required to provide a notice that 
describes conditions pertaining to eligibility to receive benefits, 
annual or lifetime caps or other limits on benefits under the excepted 
benefit HRA, and a description or summary of the benefits. This notice 
must be provided no later than 90 days after the employee becomes a 
participant in the excepted benefit HRA and annually thereafter.
    Form Number: CMS-10704 (OMB Control Number 0938-1361); Frequency: 
Annually; Affected Public: Private Sector, State Governments; Number of 
Respondents: 11,574; Total Annual Responses: 1,037,674; Total Annual 
Hours: 5,889. (For policy questions regarding this collection contact 
Adam Pellillo at (667) 290-9621.)


[[Page 29134]]


    Dated: May 1, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-09553 Filed 5-4-23; 8:45 am]
BILLING CODE 4120-01-P