[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50591-50592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13067]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10400 and CMS-10332]


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 July 15, 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: 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

[[Page 50592]]

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).
    2. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Disclosure Requirement for the In-Office Ancillary Services Exception; 
Use: Section 6003 of the ACA established a disclosure requirement for 
the in-office ancillary services exception to the prohibition of 
physician self-referral for certain imaging services. This section of 
the ACA amended section 1877(b)(2) of the Social Security Act by adding 
a requirement that the referring physician informs the patient, at the 
time of the referral and in writing, that the patient may receive the 
imaging service from another supplier. The implementing regulations are 
at 42 CFR 411.355(b)(7). Physicians who provide certain imaging 
services (MRI, CT, and PET) under the in-office ancillary services 
exception to the physician self-referral prohibition are required to 
provide the disclosure notice as well as the list of other imaging 
suppliers to the patient. The patient will then be able to use the 
disclosure notice and list of suppliers in making an informed decision 
about his or her course of care for the imaging service. CMS would use 
the collected information for enforcement purposes. Specifically, if we 
were investigating the referrals of a physician providing advanced 
imaging services under the in-office ancillary services exception, we 
would review the written disclosure in order to determine if it 
satisfied the requirement. Form Number: CMS-10332 (OMB control number 
0938-1133); Frequency: Occasionally; Affected Public: Private Sector, 
Business or other for-profits and Not-for-profits institutions; Number 
of Respondents: 974,557; Total Annual Responses: 974,557; Total Annual 
Hours: 18,107. (For policy questions regarding this collection contact 
Sabrina Teferi at 404-562-7251 or [email protected].)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-13067 Filed 6-13-24; 8:45 am]
BILLING CODE 4120-01-P