[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85622-85623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27033]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: Document Identifiers: CMS-10453 and CMS-10592]


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 January 8, 2024.

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.

[[Page 85623]]


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: Reinstatement with 
change of the previously approved collection; Title of Information 
Collection: Medicare Advantage and Prescription Drug Programs: Part C 
and Part D Explanation of Benefits; Use: Sections 1852(k)(2)(C)(i) and 
1860D-(4)(a)(4) of the Act give CMS authority to require EOBs in MA and 
Part D, respectively. Corresponding MA and Part D regulations at 42 CFR 
422.111(k) and 423.128(e) further specify the requirements to provide a 
written EOB directly to enrollees following their use of benefits.
    These requirements and the CMS model documents help ensure that MA 
and Part D enrollees receive consistent and timely information about 
costs associated with their medical claims. Part C and Part D EOBs 
allow enrollees to track their out-of-pocket expenses and benefit 
utilization in relation to their plan's deductible and out-of-pocket 
threshold. This customized information positions enrollees to make 
informed decisions about their healthcare options. It also enables them 
to make a more practical use of the information found in plans' Annual 
Notice of Change and Evidence of Coverage documents, as well as 
information available through tools such as the Medicare Plan Finder.
    MAOs and Part D sponsors use the model documents attached to this 
information collection to set up the EOB templates in their systems and 
ensure that EOBs conform with the requirements at 42 CFR 422.111(k) and 
423.128(e). MAOs and Part D sponsors populate EOBs to reflect 
individual enrollee benefits under the plan. CMS issues model EOBs 
annually through the Health Plan Management System (HPMS). Form Number: 
CMS-10453 (OMB control number: 0938-1228); Frequency: Monthly; Affected 
Public: Private Sector, Business or other for-profits and Not-for-
profit institutions; Number of Respondents: 1,065; Total Annual 
Responses: 1,065; Total Annual Hours: 10,650. (For policy questions 
regarding this collection contact Valerie Yingling at 667-290-8657.)
    2. Type of Information Collection Request: Extension of a currently 
collection; Title of Information Collection: Establishment of Exchanges 
and Qualified Health Plans; Exchange Standards for Employers; Use: 
Section 1321(a) requires HHS to issue regulations setting standards for 
meeting the requirements under title I of the Affordable Care Act 
including the offering of Qualified Health Plans (QHPs) through the 
Exchanges. On March 27, 2012, HHS published the rule CMS-9989-F: 
Establishment of Exchanges and Qualified Health Plans; Exchange 
Standards for Employers. The Exchange rule contains provisions that 
mandate reporting and data collections necessary to ensure that health 
insurance issuers are meeting the requirements of the Affordable Care 
Act. These information collection requirements are set forth in 45 CFR 
part 156. The reporting requirements and data collection in the 
Exchange rule address minimum requirements that health insurance 
issuers must meet in order to comply with provisions in the Affordable 
Care Act with respect to participation in a State-based or the 
federally-facilitated Exchange (FFE).
    Information collected by the Exchanges or Medicaid and CHIP 
agencies will be used to determine eligibility for coverage through the 
Exchange and insurance affordability programs (i.e., Medicaid, CHIP, 
and advance payment of the premium tax credits); evaluate how CMS can 
best communicate eligibility and enrollment updates to issuers; and 
assist consumers in enrolling in a QHP if eligible. Applicants include 
anyone who may be eligible for coverage through any of these programs. 
Form Number: CMS-10592 (OMB control number: 0938-1341); Frequency: 
Annually; Affected Public: Private Sector: Business or other for-
profits; Number of Respondents: 302; Number of Responses: 302; Total 
Annual Hours: 148,584. (For policy questions regarding this collection, 
contact Anne Pesto at 410-786-3492.)

    Dated: December 5, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-27033 Filed 12-7-23; 8:45 am]
BILLING CODE 4120-01-P