[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34249-34250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09314]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10788]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

-----------------------------------------------------------------------

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 May 30, 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: Prescription Drug 
and Health Care Spending; Use: On December 27, 2020, the Consolidated 
Appropriations Act, 2021 (CAA) was signed into law. Section 204 of 
Title II of Division BB of the CAA added parallel provisions at section 
9825 of the Internal Revenue Code (the Code), section 725 of the 
Employee Retirement Income Security Act (ERISA), and section 2799A-10 
of the Public Health Service Act (PHS Act) that require group health 
plans and health insurance issuers offering group or individual health 
insurance coverage to annually report to the Department of the 
Treasury, the Department of Labor (DOL), and the Department of Health 
and Human Services (HHS) (collectively, ``the Departments'') certain 
information about prescription drug and health care spending, premiums, 
and enrollment under the plan or coverage. This information will 
support the

[[Page 34250]]

development of public reports that will be published by the Departments 
on prescription drug reimbursements for plans and coverage, 
prescription drug pricing trends, and the role of prescription drug 
costs in contributing to premium increases or decreases under the plans 
or coverage. The 2021 interim final rules, ``Prescription Drug and 
Health Care Spending'' (2021 interim final rules), issued by the 
Departments and the Office of Personnel Management (OPM) implement the 
provisions of section 9825 of the Code, section 725 of ERISA, and 
section 2799A-10 of the PHS Act, as enacted by section 204 of Title II 
of Division BB of the CAA. OPM joined the Departments in issuing the 
2021 interim final rules, requiring Federal Employees Health Benefits 
(FEHB) carriers to report information about prescription drug and 
health care spending, premiums, and plan enrollment in the same manner 
as a group health plan or health insurance issuer offering group or 
individual health insurance coverage.
    The 2023 Prescription Drug Data Collection (RxDC) Reporting 
Instructions reflect changes for the 2023 reference year and beyond. As 
a result of removing first-year implementation costs and burdens that 
were incurred prior to 2024, it is estimated that there will be a 
decrease in total three-year average annual burden from 1,684,080 to 
668,952. Form Number: CMS-10788 (OMB Control Number: 0938-1407); 
Frequency: Annually; Affected Public: Private Sector; Number of 
Respondents: 356; Number of Responses: 356; Total Annual Hours: 
668,952. (For policy questions regarding this collection contact 
Christina Whitefield at 202-536-8676.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-09314 Filed 4-29-24; 8:45 am]
BILLING CODE P