[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Notices]
[Pages 55948-55950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14825]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10137, CMS-10170 and CMS-10156]


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

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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 September 6, 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-10137 Solicitation for Applications for Medicare Prescription Drug 
Plan 2026 Contracts
CMS-10170 Retiree Drug Subsidy Payment Request and Instructions
CMS-10156 Retiree Drug Subsidy (RDS) Application and Instructions

    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 Collections

    1. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Solicitation for 
Applications for Medicare Prescription Drug Plan 2026 Contracts; Use: 
Coverage for the prescription drug benefit is provided through 
contracted prescription drug plans (PDPs) or through Medicare Advantage 
(MA) plans that offer integrated prescription drug and health care 
coverage (MA-PD plans). Cost Plans that are regulated under Section 
1876 of the Social Security Act, and Employer Group Waiver Plans (EGWP) 
may also provide a Part D benefit. Organizations wishing to provide 
services under the Prescription Drug Benefit Program must complete an 
application, negotiate rates, and receive final approval from CMS. 
Existing Part D Sponsors may also expand their contracted service area 
by completing the Service Area Expansion (SAE) application.
    Collection of this information is mandated in Part D of the 
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 
(MMA) in Subpart 3. The application requirements are codified in 
Subpart K of 42 CFR 423 entitled ``Application Procedures and Contracts 
with PDP Sponsors.''
    The information will be collected under the solicitation of 
proposals from PDP, MA-PD, Cost Plan, Program of All-Inclusive Care for 
the Elderly (PACE), and EGWP applicants. The collected information will 
be used by CMS to: (1) ensure that applicants meet CMS requirements for 
offering Part D plans (including network adequacy, contracting 
requirements, and compliance program requirements, as described in the 
application), (2) support the determination of contract awards. Form 
Number: CMS-10137 (OMB control number: 0938-0936); Frequency: Yearly; 
Affected Public: Private Sector, Business or other for-profits and Not 
for profits institution; Number of Respondents: 821; Number of 
Responses: 424; Total Annual Hours: 1,809. (For policy questions 
regarding this collection contact April Forsythe at 410-786-8493.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Retiree Drug 
Subsidy Payment Request and Instructions; Use: Under the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003 and 
implementing regulations at 42 CFR part 423 subpart R plan sponsors 
(e.g., employers, unions) who offer prescription drug coverage meeting 
specified criteria to their qualified covered retirees are eligible to 
receive a 28% subsidy for allowable drug costs, through the Retiree 
Drug Subsidy (RDS) Program. Section 423.886 describes the payment 
methods, including the provision of necessary information. The 
information provided in the payment request provides CMS with the 
information needed to pay RDS sponsors the subsidy.
    The application process for the RDS is a completely electronic 
process (100%). The basis for the decision for adopting this means of 
collection was to maximize efficiency. The only instance when hard 
copy/paper applications can be submitted is when the RDS Center is 
experiencing technical difficulties. The Plan Sponsor completes and 
submits the RDS application (including the Plan Sponsor's Authorized 
Representative's electronic signature) on-line, via the secure RDS 
Secure website, which is accessed at https://www.rds.cms.hhs.gov. Form 
Number: CMS-10170 (OMB control number: 0938-0977); Frequency: Yearly; 
Affected Public: Private; Business or other for-profits, and Not-for 
Profits; Number of Respondents: 1,245; Number of Responses: 1,245; 
Total Annual Hours: 187,995. (For questions regarding this collection, 
contact Ivan Iveljic at 410-786-3312 or [email protected].)
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Retiree Drug 
Subsidy (RDS) Application and Instructions; Use: Under Sec.  1860D-22 
of the Social Security Act (Act), added by the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (MMA) and implementing 
regulations at 42 CFR part 423 subpart R, Plan Sponsors (e.g., 
employers or unions) who offer prescription drug

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coverage to their qualified covered retirees are eligible to receive a 
28% subsidy for allowable drug costs.
    CMS has contracted with an outside vendor to assist in the 
administration of the RDS program; this effort is called the RDS 
Center. Plan Sponsors will apply on-line for the retiree drug subsidy 
by logging on to the RDS Secure website. 42 CFR 423.844 describes the 
requirement for qualified retiree prescription drug plans who want to 
receive the retiree drug subsidy. Once the Plan Sponsor submits the RDS 
application via the RDS Secure website (and a valid initial retiree 
list) CMS, using its contractor, will analyze the application to 
determine whether the Plan Sponsor qualifies for the RDS. To qualify 
for the subsidy, the Plan Sponsor must show that its coverage is as 
generous as, or more generous than, the defined standard coverage under 
the Medicare Part D prescription drug benefit. The information within 
the application includes sponsor account registration information, plan 
information, benefit options under the plan, actuary information and 
actuarial attestation. The RDS center has various checks within each 
section of the application. Applications can be denied if issues cannot 
be resolved.
    Form Number: CMS-10170 (OMB control number: 0938-0977); Frequency: 
Yearly; Affected Public: Private Sector; Business or other for-profits, 
and Not-for Profits; Number of Respondents: 1,245; Number of Responses: 
1,245; Total Annual Hours: 79,680. (For questions regarding this 
collection, contact Ivan Iveljic at 410-786-3312 or 
[email protected].)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-14825 Filed 7-5-24; 8:45 am]
BILLING CODE 4120-01-P