[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Pages 68618-68619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19184]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10379]


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

[[Page 68619]]

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 September 26, 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: Reinstatement with 
change of a previously approved collection; Title of Information 
Collection: Rate Increase Disclosure and Review Requirements (45 CFR 
part 154); Use: 45 CFR part 154 implements the annual review of 
proposed increases in premiums for health insurance coverage called for 
by section 2794 of the Public Health Service Act (PHS Act). The 
regulation established a rate review program to ensure that all rate 
increases that meet or exceed an established threshold are reviewed by 
a state or the Centers for Medicare & Medicaid Services (CMS) to 
determine whether the proposed rate increases are unreasonable. Each 
state or CMS also reviews all proposed rate changes from issuers 
offering non-grandfathered health insurance coverage in the individual 
and/or small group markets for compliance with the Federal rating rules 
at sections 2701, 2705, 2717(c)(4), and 2753 of the PHS Act, section 
1312(c) of the Affordable Care Act, and 45 CFR 147.102, 147.110, 
148.180, and 156.80. Accordingly, issuers offering non-grandfathered 
health insurance coverage in the individual and/or small group markets 
are required to submit Rate Filing Justifications to CMS. 45 CFR 
154.103 exempts grandfathered health plan coverage as defined in 45 CFR 
147.140, excepted benefits as described in section 2791(c) of the PHS 
Act and student health insurance coverage, as defined in Sec.  147.145, 
from Federal rate review requirements.
    The Rate Filing Justification consists of three parts. All issuers 
must continue to submit a Uniform Rate Review Template (URRT) (Part I 
of the Rate Filing Justification) for all single risk pool plans. 45 
CFR 154.200(a)(1) establishes a 15 percent federal default threshold 
for reasonableness review. Issuers that submit a rate filing that 
includes a plan with a proposed rate increase that meets or exceeds the 
threshold must include a written description justifying the rate 
increase, also known as the consumer justification narrative (Part II 
of the Rate Filing Justification). We note that the threshold set by 
CMS constitutes a minimum standard, and most states currently employ 
stricter rate review standards and may continue to do so. Issuers 
offering a QHP or any single risk pool submission containing a rate 
increase of any size must continue to submit an actuarial memorandum 
(Part III of the Rate Filing Justification). The actuarial memorandum 
is required whenever a state with an Effective Rate Review Program, as 
determined in accordance with 45 CFR 154.301, requires it to be 
submitted, and for all plans in states that do not have an Effective 
Rate Review Program. Form Number: CMS-10379 (OMB control number: 0938-
1141); Frequency: Annually; Affected Public: Private Sector; Businesses 
or other for-profits, Not-for-profit institutions, State, Local, or 
Tribal Governments; Number of Respondents: 620; Number of Responses: 
2,551; Total Annual Hours: 46,102. (For policy questions regarding this 
collection, contact Keith McNamara at 410-786-7010.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-19184 Filed 8-26-24; 8:45 am]
BILLING CODE 4120-01-P