[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Notices]
[Pages 25879-25880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07790]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10831 and CMS-1696]


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 June 11, 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-10831 Transitional Coverage and Retroactive Medicare Part D 
Coverage for Certain Low-Income Beneficiaries through the Limited 
Income Newly Eligible Transition (LI NET) Program
CMS-1696 Appointment of Representative and Supporting Regulations in 42 
CFR 405.910

    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: Revision of a currently 
approved collection; Title of Information Collection: Transitional 
Coverage and Retroactive Medicare Part D Coverage for Certain Low-
Income Beneficiaries through the Limited Income Newly Eligible 
Transition (LI NET) Program; Use: Section 118 of the Consolidated 
Appropriations Act, 2021 (CAA) (Pub. L. 116-260) enacted on December 
27, 2020, amended Section 1860D-14 of the Social Security Act (the Act) 
(42 U.S.C. 1395w-114) and authorized CMS to make transitional coverage 
and retroactive Medicare Part D coverage for certain low-income 
beneficiaries, called the Limited Income Newly Eligible Transition (LI 
NET) program a permanent part of the Part D program. The LI NET program 
under this statute must begin no later than January 1, 2024.
    CMS established the Medicare Part D Demonstration for Retroactive 
and Point-of-Sale Coverage for Certain Low-Income Beneficiaries (also 
known as Medicare's Limited Income Newly Eligible Transition (LI NET) 
demonstration). The LI NET demonstration consolidates administration of 
transitional and retroactive Part D coverage for eligible beneficiaries 
to a single Part D sponsor. The LI NET demonstration provides an 
exception to the 36-month maximum period of retroactive enrollment if 
there is a Medicaid determination within the last 90 days that confers 
Medicaid eligibility going back further than 36 months. In these 
situations, LI NET enrollment under the demonstration goes back to the 
start of Medicaid eligibility.
    The information provided by LI NET beneficiaries is largely paper 
based, such as showing a Medicaid eligibility letter to a pharmacist or 
sending a signed direct reimbursement request through the mail or by 
fax. Beneficiaries could also opt to email a digital copy of their 
documentation to the LI NET sponsor. Form Number: CMS-10831 (OMB 
control number: 0938-1441); Frequency: Occasionally; Affected Public: 
Individuals and Households, Private Sector and Business or other for-
profit; Number of Respondents: 73,705; Total Annual Responses: 110,686; 
Total Annual Hours: 11,701. (For policy questions regarding this 
collection contact Marie Gutierrez at 410-786-4486).
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Appointment of 
Representative and Supporting Regulations in 42 CFR 405.910; Use: The 
requirements for appointing representatives for claims and appeals 
processed under 42 CFR part 405 Subpart I were codified into regulation 
at 42 CFR 405.910. In summary, section 405.910 states an individual or 
entity may appoint a representative to act on their behalf in 
exercising their rights relative to an initial claim determination or 
an appeal. The appointment of representation must be in writing and 
must include all the required elements specified in 405.910(c). The 
burden associated with this requirement is the

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time and effort of the individual or entity to prepare an appointment 
of representation containing all the required information of this 
section. To reduce some of the burden associated with this requirement, 
we developed a standardized form that the individual/entity may opt 
(but is not required) to use.
    This form would be completed by Medicare beneficiaries, providers 
and suppliers (typically their billing clerk, or billing company), and 
any party who wish to appoint a representative to assist them with 
their initial Medicare claims determinations and filing appeals on 
Medicare claims. The information supplied on the form is reviewed by 
Medicare claims and appeals adjudicators. The adjudicators make 
determinations whether the form was completed accurately, and if the 
form is correct and accepted, the form is appended to the claim or 
appeal that it was filed with. Form Number: CMS-1696 (OMB control 
number: 0938-0950); Frequency: Occasionally; Affected Public: 
Individuals and Households and Private Sector; Number of Respondents: 
213,208; Total Annual Responses: 213,208; Total Annual Hours: 53,302. 
(For policy questions regarding this collection contact Liz Hosna at 
410-786-4993.

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-07790 Filed 4-11-24; 8:45 am]
BILLING CODE 4120-01-P