[Federal Register Volume 90, Number 75 (Monday, April 21, 2025)]
[Notices]
[Pages 16685-16687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06760]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10198, CMS-10561, CMS-10572, CMS-10286, CMS-
10377 and CMS-460]


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,

[[Page 16686]]

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 20, 2025.

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-10198 Creditable Coverage Disclosure to CMS On-Line Form and 
Instructions
CMS-10561 Essential Community Provider Data Collection to Support QHP 
Certification
CMS-10572 Transparency in Coverage Reporting by Qualified Health Plan 
Issuers
CMS-10286 Notice of Research Exception under the Genetic Information 
Nondiscrimination Act
CMS-10377 Student Health Insurance Coverage
CMS-460 Medicare Participating Physician or Supplier Agreement

    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: Reinstatement without 
change of a previously approved collection; Title of Information 
Collection: Creditable Coverage Disclosure to CMS On-Line Form and 
Instructions; Use: Section 1860D-13 of the Social Security Act, as 
established by the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (MMA) and implementing regulations at 42 CFR 
423.56(e), require that entities that offer prescription drug benefits 
under any of the types of coverage described in 42 CFR 423.56(b) 
provide a disclosure of creditable coverage to CMS. There are other 
disclosure and notification requirements to Part D eligible individuals 
in Sec.  423.56(c), (d), and (f); this PRA covers the requirement in 
subsection (e). Entities required to make this disclosure state whether 
their prescription drug coverage meets the actuarial requirements 
defined in Sec.  423.56(a).
    Disclosure of whether prescription drug coverage is creditable 
provides Medicare with important information relating to whether 
prescription drug benefits offered by an entity to Medicare Part D 
eligible individuals is expected to pay at least as much as the 
standard benefits under Medicare Part D. The form is used as a 
reporting tool where entities offering prescription drug coverage 
indicate whether the coverage being provided is considered creditable 
or non-creditable. Form Number: CMS-10198 (OMB control number 0938-
1013); Frequency: Yearly; Affected Public: Individuals and Households, 
Private Sector, State, Local, or Tribal Governments, Federal 
Government, Business, and Not-for Profits; Number of Respondents: 
141,400; Number of Responses: 141,400; Total Annual Hours: 11,786. (For 
questions regarding this collection contact Tammie Wall at 410-786-
3317.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Supporting 
Statement for Essential Community Provider Data Collection to Support 
QHP Certification; Use: Standards for Essential Community Provider 
(ECP) requirements are codified at 45 CFR 156.235. Issuers must 
contract with a certain percentage, as determined by Health and Human 
Services (HHS), of the available ECPs in the plan's service area. HHS 
will continue to collect more complete data from such providers so that 
all issuers are held to a more uniform ECP standard. HHS achieves this 
outcome by soliciting qualified ECPs throughout the year to complete 
and submit the ECP application in order to be added to the HHS ECP list 
or update required data fields to remain on the list. In soliciting 
updates directly from providers, HHS routinely performs research and 
outreach to providers on the ECP List to verify information about ECPs 
collected via the ECP application and annual renewal form. These 
ongoing efforts will result in a more accurate listing of the universe 
of available ECPs from which issuers select to satisfy the ECP 
standard. Form Number: CMS-10561 (OMB control number: 0938-1295); 
Frequency: Annually; Affected Public: Private Sector--Business or other 
for-profits and Not-for-profits institutions; Number of Respondents: 
19,020; Number of Responses: 19,020; Total Annual Hours 4,914. (For 
questions regarding this collection, contact Samantha Nguyen Kella at 
816-426-6339.)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Transparency in 
Coverage Reporting by Qualified Health Plan Issuers; Use: Sections 
1311(e)(3)(A)-(C) of the ACA, as implemented at 45 CFR 155.1040(a)-(c) 
and 156.220, establish standards for qualified health plan (QHP) 
issuers to submit specific information related to transparency in 
coverage. QHP issuers are required to post and make data related to 
transparency in coverage available to the public in plain language and 
submit this data to the Department of Health and Human Services (HHS), 
the Exchange, and the state insurance commissioner. Section 2715A of 
the Public Health Service (PHS) Act as

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added by the ACA largely extends the transparency provisions set forth 
in section 1311(e)(3) to non-grandfathered group health plans and 
health insurance issuers offering group and individual health insurance 
coverage. Form Number: CMS-10572 (OMB control number: 0938-1310); 
Frequency: Annually; Affected Public: Private Sector, Business, and 
Not-for Profits; Number of Respondents: 400; Number of Responses: 400; 
Total Annual Hours: 22,000. (For questions regarding this collection, 
contact Jack Reeves at 301-492-5152.)
    4. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Notice of 
Research Exception under the Genetic Information Nondiscrimination Act; 
Use: Under the Genetic Information Nondiscrimination Act of 2008 
(GINA), a plan or issuer may request (but not require) a genetic test 
in connection with certain research activities so long as such 
activities comply with specific requirements, including: (i) the 
research complies with 45 CFR part 46 or equivalent Federal regulations 
and applicable State or local law or regulations for the protection of 
human subjects in research; (ii) the request for the participant or 
beneficiary (or in the case of a minor child, the legal guardian of 
such beneficiary) is made in writing and clearly indicates that 
compliance with the request is voluntary and that non-compliance will 
have no effect on eligibility for benefits or premium or contribution 
amounts; and (iii) no genetic information collected or acquired will be 
used for underwriting purposes. The Secretary of Labor or the Secretary 
of Health and Human Services is required to be notified if a group 
health plan or health insurance issuer intends to claim the research 
exception permitted under Title I of GINA. Non-Federal governmental 
group health plans and issuers solely in the individual health 
insurance market or Medigap market will be required to file with the 
Centers for Medicare & Medicaid Services (CMS). The Notice of Research 
Exception under the Genetic Information Nondiscrimination Act is a 
model notice that can be completed by group health plans and health 
insurance issuers and filed with either the Department of Labor or CMS 
to comply with the notification requirement. Form Number: CMS-10286 
(OMB control number: 0938-1077); Frequency: On Occasion; Affected 
Public: Private Sector; State, Local or Tribal Governments; Number of 
Respondents: 2; Total Annual Responses: 2; Total Annual Hours: 0.5. 
(For policy questions regarding this collection contact Erik Gomez at 
667-414-0682.)
    5. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Student Health 
Insurance Coverage; Use: Under the Student Health Insurance Coverage 
Final Rule published March 21, 2012 (77 FR 16453), student health 
insurance coverage is a type of individual health insurance coverage 
provided pursuant to a written agreement between an institution of 
higher education (as defined in the Higher Education Act of 1965) and a 
health insurance issuer, and provided to students who are enrolled in 
that institution and their dependents. The Patient Protection and 
Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 
2017 Final Rule provided that, for policy years beginning on or after 
July 1, 2016, student health insurance coverage is exempt from the 
actuarial value (AV) requirements under section 1302(d) of the 
Affordable Care Act, but must provide coverage with an AV of at least 
60 percent. This provision also requires issuers of student health 
insurance coverage to specify in any plan materials summarizing the 
terms of the coverage the AV of the coverage and the metal level (or 
the next lowest metal level) the coverage would otherwise satisfy under 
Sec.  156.140. This disclosure will provide students with information 
that allows them to compare the student health coverage with other 
available coverage options. Form Number: CMS-10377 (OMB control number: 
0938-1157); Frequency: Yearly; Affected Public: Private Sector; Number 
of Respondents: 46; Total Annual Responses: 1,237,980; Total Annual 
Hours: 46. (For policy questions regarding this collection contact 
Russell Tipps at (667) 290-9640.)
    6. Type of Information Collection Request: Extension of a currently 
approved collection: Title of Information Collection: Medicare 
Participating Physician or Supplier Agreement; Use: Form CMS-460 is the 
agreement a physician, supplier, or their authorized official signs to 
become a participating provider in Medicare Part B. By signing the 
agreement to participate in Medicare, the physician, supplier, or their 
authorized official agrees to accept the Medicare-determined payment 
for Medicare covered services as payment in full and to charge the 
Medicare Part B beneficiary no more than the applicable deductible or 
coinsurance for the covered services. For purposes of this explanation, 
the term ``supplier'' means certain other persons or entities, other 
than physicians, that may bill Medicare for Part B services (e.g., 
suppliers of diagnostic tests, suppliers of radiology services, durable 
medical suppliers (DME) suppliers, nurse practitioners, clinical social 
workers, physician assistants). Institutions that render Part B 
services in their outpatient department are not considered 
``suppliers'' for purposes of this agreement. Form Number: CMS-460 (OMB 
control number: 0938-0373); Frequency: Annually; Affected Public: 
Private Sector, Business or other for-profits; Number of Respondents: 
14,029; Number of Responses: 14,029; Total Annual Hours: 3,507. (For 
questions regarding this collection contact Mark G. Baldwin at 410-786-
8139.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2025-06760 Filed 4-18-25; 8:45 am]
BILLING CODE 4120-01-P