[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81418-81419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25861]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10418]


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 (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 a second opportunity 
for public comment on the notice. Interested persons are invited to 
send comments regarding our burden estimates or any other aspect of 
this collection of information, including any of the following 
subjects: 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 the OMB desk officer by December 
22, 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 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: Annual MLR and 
Rebate Calculation Report and MLR Rebate Notices; 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. 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 667-290-9650.


[[Page 81419]]


    Dated: November 17, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-25861 Filed 11-21-23; 8:45 am]
BILLING CODE 4120-01-P