[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Pages 56023-56024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17731]



[[Page 56023]]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10401 and CMS-10853]


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 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 September 18, 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 the 
currently approved collection; Title of Information Collection: 
Standards Related to Reinsurance, Risk Corridors, and Risk Adjustment; 
Use: The data collection and reporting requirements will be used by HHS 
to run the permanent risk adjustment program, including validation of 
data submitted by issuers, on behalf of States that requested HHS to 
run it for them. Risk adjustment is one of three market stability 
programs established by the Patient Protection and Affordable Care Act 
and is intended to mitigate the impact of adverse selection in the 
individual and small group health insurance markets inside and outside 
of the Health Insurance Exchanges. HHS will also use this data to 
adjust the payment transfer formula for risk associated with high-cost 
enrollees. Issuers and providers can use the alternative reporting 
requirements for mental and behavioral health records described herein 
to comply with State privacy laws. Form Number: CMS-10401 (OMB control 
number: 0938-1155); Frequency: Annually; Affected Public: State, local, 
or Tribal governments; Number of Respondents: 650; Total Annual 
Responses: 3,250; Total Annual Hours: 4,154,150. (For policy questions 
regarding this collection contact Jacqueline Wilson at (301-492-4400.)
    2. 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.
    HHS will request information from uninsured (or self-pay) 
individuals in order to initiate patient-provider dispute resolution 
process. This information will be used to help determine eligibility 
for the patient-provider dispute resolution process and is necessary 
for determining which provider or facility should be contacted for 
dispute resolution. Providers and facilities are required to submit 
information to SDR entities to inform the SDR entity's payment 
determinations. Form Number: CMS-10853 (OMB control number: 0938-NEW); 
Frequency: Occasionally; Affected Public: Individuals and Households, 
Private Sector, Business or other for-profits; Number of Respondents: 
26,659; Total Annual Responses: 26,659; Total Annual Hours: 322,189. 
(For policy questions regarding

[[Page 56024]]

this collection contact Daniel Kidane at (301-786-0000.)

    Dated: August 14, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-17731 Filed 8-16-23; 8:45 am]
BILLING CODE 4120-01-P