[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40272-40273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13103]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10418]


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 August 21, 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 and associated 
materials (see ADDRESSES).

CMS-10418 Medical Loss Ratio Annual Reports, MLR Notices, and 
Recordkeeping Requirements

    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 of information; Title of Information Collection: 
Medical Loss Ratio Annual Reports, MLR Notices, and Recordkeeping 
Requirements; Use: Under section 2718 of the Affordable Care Act and 
implementing regulation at 45 CFR part 158, a health insurance issuer 
(issuer) offering group or individual health insurance coverage must 
submit a report to the Secretary concerning the amount the issuer 
spends each year on claims, quality improvement expenses, non-claims 
costs, Federal and State taxes and licensing and regulatory fees, the 
amount of earned premium, and beginning with the 2014 reporting year, 
the amounts related to the transitional reinsurance and risk adjustment 
programs established under sections 1341 and 1343, respectively, of the 
Affordable Care Act. An issuer must provide an annual rebate if the 
amount it spends on certain costs compared to its premium revenue 
(excluding Federal and States taxes and licensing and regulatory fees) 
does not meet a certain ratio, referred to as the medical loss ratio 
(MLR). Each issuer is required to submit annually MLR data, including 
information about any rebates it must provide, on a form prescribed by 
CMS, for each State in which the issuer conducts business. Each issuer 
is also required to provide a rebate notice to each policyholder that 
is owed a rebate and each subscriber of policyholders that are owed a 
rebate for any given MLR reporting year. Additionally, each issuer is 
required to maintain for a period of seven years all documents, records 
and other evidence that support the data included in each issuer's 
annual report to the Secretary.
    Based upon CMS' experience in the MLR data collection and 
evaluation process, CMS is updating its annual burden hour estimates to 
reflect the actual numbers of submissions, rebates and rebate notices. 
The 2022 MLR Reporting Form and Instructions reflect changes for the 
2020 reporting year and beyond. For 2022, it is expected that issuers 
will submit fewer reports and on average, send fewer notices and rebate 
checks in the mail to policyholders and subscribers, which will reduce 
burden on issuers. It is estimated that there will be a net decrease in 
total burden from 232,427 to 170,091. Form Number: CMS-10418 (OMB 
Control Number: 0938-1164); Frequency: Annually; Affected Public: 
Private Sector, Business or other for-profit and not-for-profit 
institutions; Number of Respondents: 480; Number of Responses: 1,677 
Total Annual Hours: 170,091. (For policy questions regarding this 
collection contact Jiyun Lim at 301-492-4172.)


[[Page 40273]]


    Dated: June 14, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-13103 Filed 6-20-23; 8:45 am]
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