[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12846-12847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03344]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10662 and CMS-10219]


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 March 21, 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.

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: Administrative 
Simplification HIPAA Compliance Review; Use: Section 1173 of the Social 
Security Act (the Act), 42 U.S.C. 1320d-2, and section 264 of HIPAA 
require the Secretary to adopt a number of national standards to 
facilitate the exchange of certain health information and to protect 
the privacy and security of such information.
    The Secretary promulgated rules that relate to compliance with, and 
enforcement of, the HIPAA rules, which are codified at 45 CFR part 160, 
subparts C, D, and E and collectively referred to as the Enforcement 
Rule. The Secretary first issued an interim final rule promulgating the 
procedural requirements for imposition of civil money penalties on 
violations of the privacy standards on April 17, 2003, Civil Money 
Penalties: Procedures for Investigations, Imposition of Penalties (68 
FR 18896). The Secretary subsequently proposed a rule on April 18, 
2005, HIPAA Administrative Simplification: Enforcement; Proposed Rule 
(70 FR 20224), proposing the amendment of 45 CFR part 160, subparts A 
(General Provisions), C (Compliance and Enforcement), and E (Procedures 
for Hearing), and proposing a new subpart D (Imposition of Civil Money 
Penalties) that addressed the substantive issues related to the 
imposition of civil money penalties and proposing the above provisions 
be applied to all HIPAA rules.
    The purpose of this collection is to retrieve information necessary 
to conduct a compliance review and carry out the authority delegated to 
CMS as described in CMS-0014-N (68 FR 60694). These forms will be 
submitted to the Centers for Medicare & Medicaid Services (CMS), 
National Standards Group, from entities covered by HIPAA Administrative 
Simplification regulations. This collection is not applicable to HIPAA 
Privacy and Security Rules. Form Number: CMS-10662 (OMB Control Number: 
0938-1390); Frequency: Weekly; Affected Public: Private, State, Local, 
or Tribal Governments, Federal Government, Business or other for-
profits, Not-for-profits institutions; Number of Respondents: 50; Total 
Annual Responses: 50; Total Annual Hours: 500. (For policy questions 
regarding this collection contact Kevin Stewart at (410) 786-6149.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: HEDIS Data 
Collection for Medicare Advantage; Use: Sections 422.152 and 422.516 of 
title 42 of the Code of Federal Regulations (CFR) specify that MAOs 
must submit quality performance measures as specified by the Secretary 
of the Department of Health and Human Services and by CMS. These 
quality performance measures include HEDIS[reg]. HEDIS[reg] data are 
used in the Medicare Part C Star Ratings which are used to determine 
Quality Bonus Payments to Medicare Advantage contracts.

[[Page 12847]]

    CMS requires MAOs, Sec.  1876 cost contracts, and Medicare Medicaid 
Plans (MMPs or demonstrations) to submit HEDIS[reg] data on an annual 
basis to (1) assess care that is provided to Medicare beneficiaries and 
(2) to provide information to Medicare beneficiaries to make more 
informed decisions when choosing a health plan.
    The HEDIS[reg] data collection supports the CMS strategic goals of 
advancing health equity and improving health outcomes for Medicare 
beneficiaries. The HEDIS[reg] measures are part of the Medicare Part C 
Star Ratings as described at Sec. Sec.  422.160, 422.162, 422.164, and 
422.166. CMS publishes the Medicare Part C Star Ratings each year to: 
(1) incentivize quality improvement in Medicare Advantage (MA); and (2) 
assist beneficiaries in finding the best plan for them. The Star 
Ratings are used to determine MA Quality Bonus Payments. Form Number: 
CMS-10219 (OMB control number: 0938-1028); Frequency: Yearly; Affected 
Public: Private Sector, Business or other for-profits and Not-for-
profits institutions; Number of Respondents: 808; Total Annual 
Responses: 808; Total Annual Hours: 258,560. (For policy questions 
regarding this collection contact Lori Luria at 
[email protected]).

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-03344 Filed 2-16-24; 8:45 am]
BILLING CODE 4120-01-P