[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21523-21524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06645]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-R-38 and CMS-10400]


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 (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 May 28, 2024.

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-R-38 Conditions for Certification for Rural Health Clinics and 
Conditions for Coverage for Federally Qualified Health Centers in 42 
CFR 491
CMS-10400 Establishment of Qualified Health Plans and American Health 
Benefit Exchanges

    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: Reinstatement of a 
previously approved collection; Title of Information Collection: 
Conditions for Certification for Rural Health Clinics and Conditions 
for Coverage for Federally Qualified Health Centers in 42 CFR 491; Use: 
The Conditions for Medicare Certification (CfCs) for Rural Health 
Clinics (RHCs) are based on criteria prescribed in law and designed to 
ensure that each RHC has properly trained staff to provide appropriate 
care and to assure a safe physical environment for patients. The 
information collection requirements described herein are needed to 
implement the Medicare and Medicaid CfCs for a total of 5,349 RHCs. 
These requirements are similar in intent to standards developed by 
industry organizations such as the Joint Commission on Accreditation of 
Hospitals, and the National League of Nursing/American Public 
Association, and merely reflect accepted standards of management and 
care to which rural health clinics must adhere.

[[Page 21524]]

    Federally Qualified Health Centers (FQHCs) are also subject to 
Conditions for Certification to participate in the Medicare and 
Medicaid programs. These health and safety standards are the foundation 
for improving quality and protecting the health and safety of Medicare 
and Medicaid beneficiaries. The information collection requirements 
described herein affect approximately 11,252 FQHCs. The current 
information collection requirements at 42 CFR 491.9(b) and 491.11 are 
applicable to both RHCs and FQHCs. Form Number: CMS-R-38 (OMB control 
number: 0938-0334); Frequency: Recordkeeping and Reporting--Annually; 
Affected Public: Business or other for-profits; Number of Respondents: 
17,663; Total Annual Responses: 17,663; Total Annual Hours: 104,245. 
(For policy questions regarding this collection contact Claudia Molinar 
at 410-786-8445.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Establishment of 
Qualified Health Plans and American Health Benefit Exchanges; Use: On 
March 23, 2010, the Patient Protection and Affordable Care Act (PPACA; 
Pub. L. 111-148) was signed into law, and on March 30, 2010, the Health 
Care and Education Reconciliation Act of 2010 (Pub. L. 111-152) was 
signed into law. The two laws implement various health insurance 
policies. Section 1303 of the PPACA, as implemented in 45 CFR 156.280, 
specifies standards for issuers of qualified health plans (QHPs) 
through the Exchanges that cover abortion services for which public 
funding is prohibited (also referred to as non-Hyde abortion services 
or non-excepted abortion services). In the Patient Protection and 
Affordable Care Act; Establishment of Exchanges and Qualified Health 
Plans; Exchange Standards for Employers (2012 Exchange Establishment 
Rule) (77 FR 18310), we codified the statutory provisions of section 
1303 of the PPACA in regulation at 45 CFR 156.280. Under 45 CFR 
156.280(e)(5)(ii), each QHP issuer that offers coverage of abortion 
services for which public funding is prohibited must submit to the 
State Insurance Commissioner a segregation plan describing how the QHP 
issuer establishes and maintains separate allocation accounts for any 
QHP covering abortion services for which public funding is prohibited, 
and pursuant to Sec.  156.280(e)(5)(iii), each QHP issuer must annually 
attest to compliance with PPACA section 1303 and applicable 
regulations. This segregation plan is used to verify that the QHP 
issuer's financial and other systems fully conform to the segregation 
requirements required by the PPACA.
    The Centers for Medicare and Medicaid Services (CMS) is renewing 
this information collection request (ICR) in connection with the 
segregation plan requirement under 45 CFR 156.280(e)(5)(ii). The burden 
estimates for this collection of information renewal reflect the time 
and effort for QHP issuers to submit a segregation plan that 
demonstrates how the QHP issuer segregates QHP funds in accordance with 
applicable provisions of generally accepted accounting requirements, 
circulars on funds management of the Office of Management and Budget 
(OMB) and guidance on accounting of the Government Accountability 
Office. CMS is also renewing the ICR in connection with the annual 
attestation requirement under 45 CFR 156.280(e)(5)(iii). The burden 
estimate for this ICR reflects the time and effort associated with QHP 
issuers submitting an annual attestation to the State Insurance 
Commissioner attesting to compliance with section 1303 of the PPACA. 
Form Number: CMS-10400 (OMB control number: 0938-1156); Frequency: 
Annually); Affected Public: Private Sector (business or other for-
profits, not-for-profits institutions); Number of Respondents: 1,617; 
Number of Responses: 1,617; Total Annual Hours: 5,508.75. (For 
questions regarding this collection, contact Agata Pelka at 667-290-
9979).

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-06645 Filed 3-27-24; 8:45 am]
BILLING CODE 4120-01-P