[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16631-16633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06077]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10468, CMS-10418, CMS-10488, CMS-R-290 and 
CMS-10525]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid 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 (the 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,

[[Page 16632]]

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 May 26, 2020.

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, you may make 
your request using one of following:
    1. Access CMS' website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to [email protected].
    3. Call the Reports Clearance Office at (410) 786-1326.

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-10468 Essential Health Benefits in Alternative Benefit Plans, 
Eligibility Notices, Fair Hearing and Appeal Processes, and Premiums 
and Cost Sharing; Exchanges: Eligibility and Enrollment
CMS-10418 Annual MLR and Rebate Calculation Report and MLR Rebate 
Notices
CMS-10488 Consumer Experience Survey Data Collection
CMS-R-290 Medicare Program: Procedures for Making National Coverage 
Decisions
CMS-10525 PACE Quality Data Monitoring and Reporting

    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 Collection

    1. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Essential Health Benefits in Alternative Benefit Plans, Eligibility 
Notices, Fair Hearing and Appeal Processes, and Premiums and Cost 
Sharing; Exchanges: Eligibility and Enrollment; Use: The Exchanges, 
which became operational on January 1, 2014, enhanced competition in 
the health insurance market, expanded access to affordable health 
insurance for millions of Americans, and provided consumers with a 
place to easily compare and shop for health insurance coverage. The 
reporting requirements and data collection in Medicaid, Children's 
Health Insurance Programs, and Exchanges: Essential Health Benefits in 
Alternative Benefit Plans, Eligibility Notices, Fair Hearing and Appeal 
Processes, and Premiums and Cost Sharing; Exchanges: Eligibility and 
Enrollment (CMS-2334-F) address: (1) Standards related to notices, (2) 
procedures for the verification of enrollment in an eligible employer-
sponsored plan and eligibility for qualifying coverage in an eligible 
employer-sponsored plan; and (3) other eligibility and enrollment 
provisions to provide detail necessary for state implementation. The 
submission seeks OMB approval of the information collection 
requirements associated with selected provisions in 45 CFR parts 155, 
156 and 157. Form Number: CMS-10468 (OMB control number: 0938-1207); 
Frequency: Annually; Affected Public: Individuals, Households and 
Private Sector; Number of Respondents: 1,522; Total Annual Responses: 
9,533; Total Annual Hours: 103,710. For policy questions regarding this 
collection contact Anne Pesto at 443-844-9966.
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Annual MLR and 
Rebate Calculation Report and MLR Rebate Notices; Use: Under Section 
2718 of the Affordable Care Act and implementing regulation at 45 CFR 
part 158, a health insurance issuer (issuer) offering group or 
individual health insurance coverage must submit a report to the 
Secretary concerning the amount the issuer spends each year on claims, 
quality improvement expenses, non-claims costs, Federal and State taxes 
and licensing and regulatory fees, the amount of earned premium, and 
beginning with the 2014 reporting year, the amounts related to the 
transitional reinsurance, risk corridors, and risk adjustment programs 
established under sections 1341, 1342, and 1343, respectively, of the 
Affordable Care Act. An issuer must provide an annual rebate if the 
amount it spends on certain costs compared to its premium revenue 
(excluding Federal and States taxes and licensing and regulatory fees) 
does not meet a certain ratio, referred to as the medical loss ratio 
(MLR). Each issuer is required to submit annually MLR data, including 
information about any rebates it must provide, on a form prescribed by 
CMS, for each State in which the issuer conducts business. Each issuer 
is also required to provide a rebate notice to each policyholder that 
is owed a rebate and each subscriber of policyholders that are owed a 
rebate for any given MLR reporting year. Additionally, each issuer is 
required to maintain for a period of seven years all documents, records 
and other evidence that support the data included in each issuer's 
annual report to the Secretary.
    Based upon CMS' experience in the MLR data collection and 
evaluation process, CMS is updating its annual burden hour estimates to 
reflect the actual numbers of submissions, rebates and rebate notices.
    The 2019 MLR Reporting Form and Instructions reflect changes for 
the 2018 reporting year and beyond. The 2019 MLR Reporting Form and 
instructions are also modified to eliminate the reporting elements that 
were required under the risk corridors data submission

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requirements in 45 CFR 153.530 for the 2014 through 2016 benefit years. 
For 2019, it is expected that issuers will submit fewer reports and on 
average, send fewer notices and rebate checks in the mail to 
policyholders and subscribers, which will reduce burden on issuers. In 
addition, issuers of qualified health plans will no longer have to 
submit on the annual report the data for the risk corridors program 
established under section 1342 of the Patient Protection and Affordable 
Care Act. Form Number: CMS-10418 (OMB control number: 0938-1164); 
Frequency: Annually; Affected Public: Private Sector, Business or other 
for-profit and not-for-profit institutions; Number of Respondents: 494; 
Number of Responses: 1,896; Total Annual Hours: 232,427. For policy 
questions regarding this collection contact Stephanie Watson at 301-
492-4238.
    3. Type of Information Collection Request: Renewal of a currently 
approved collection; Title of Information Collection: Consumer 
Experience Survey Data Collection; Use: Section 1311(c)(4) of the 
Affordable Care Act requires the Department of Health and Human 
Services (HHS) to develop an enrollee satisfaction survey system that 
assesses consumer experience with qualified health plans (QHPs) offered 
through an Exchange. It also requires public display of enrollee 
satisfaction information by the Exchange to allow individuals to easily 
compare enrollee satisfaction levels between comparable plans. HHS 
established the QHP Enrollee Experience Survey (QHP Enrollee Survey) to 
assess consumer experience with the QHPs offered through the 
Marketplaces. The survey includes topics to assess consumer experience 
with the health care system such as communication skills of providers 
and ease of access to health care services. CMS developed the survey 
using the Consumer Assessment of Health Providers and Systems 
(CAHPS[supreg]) principles (https://www.ahrq.gov/cahps/about-cahps/principles/index.html) and established an application and approval 
process for survey vendors who want to participate in collecting QHP 
enrollee experience data.
    The QHP Enrollee Survey, which is based on the CAHPS[supreg] Health 
Plan Survey, will be used to (1) help consumers choose among competing 
health plans, (2) provide actionable information that the QHPs can use 
to improve performance, (3) provide information that regulatory and 
accreditation organizations can use to regulate and accredit plans, and 
(4) provide a longitudinal database for consumer research. Based on the 
requirements for the QHP Enrollee Survey, CMS developed this survey to 
capture information about enrollees' experience with QHPs offered 
through an Exchange. CMS conducted in-depth formative research 
including: A comprehensive literature review, review of existing CMS 
survey instruments, consumer focus groups, stakeholder discussions, and 
input from a Technical Expert Panel (TEP). CMS performed a psychometric 
test and beta test in 2014 and 2015, respectively. CMS began fielding 
the QHP Enrollee Survey nationwide in 2016 and this request is to 
continue nationwide collection and administration of the statutorily-
required survey in 2021 through 2023. These activities are necessary to 
ensure that CMS fulfills legislative mandates established by section 
1311(c)(4) of the Affordable Care Act to develop an ``enrollee 
satisfaction survey system'' and provide such information on Exchange 
websites. Form Number: CMS-10488 (OMB Control Number: 0938-1221); 
Frequency: Annually; Affected Public: Public sector (Individuals and 
Households), Private sector (Business or other for-profits and Not-for-
profit institutions); Number of Respondents: 285; Total Annual 
Responses: 82,510; Total Annual Hours: 15,141. For policy questions 
regarding this collection contact Nidhi Singh Shah at 301-492-5110.
    4. Type of Information Collection Request: Reinstatement without 
change of a previously approved collection; Title: Medicare Program: 
Procedures for Making National Coverage Decisions; Use: This collection 
is required by a notice (78 FR 48164-69) published on August 7, 2013 
which delineates the process for making a national coverage 
determination (NCD) including information for external parties to 
submit a formal request for a new NCD or a reconsideration of an 
existing NCD. An NCD is defined in 1862(l) of the Social Security Act 
(the Act) as ``a determination by the Secretary with respect to whether 
or not a particular item or service is covered nationally under this 
title.'' This information collection will assist us in obtaining the 
information we require to make a national coverage determination in a 
timely manner and ensuring that the Medicare program continues to meet 
the needs of its beneficiaries. Form Number: CMS-R-290 (OMB control 
number: 0938-0776); Frequency: Annual; Affected Public: Private Sector: 
Business or other for-profits; Number of Respondents: 30; Total Annual 
Responses: 30; Total Annual Hours: 1,200. (For policy questions 
regarding this collection contact Lori M. Ashby at 410-786-6322.)
    6. Type of Information Collection Request: Revision with change of 
a previously approved collection; Title: PACE Quality Data Monitoring 
and Reporting; Use: The Programs of All-Inclusive Care for the Elderly 
(PACE) program is a unique model of managed care service delivery for 
the frail elderly, most of whom are dually-eligible for Medicare and 
Medicaid benefits. To be eligible to enroll in PACE, an individual 
must: Be 55 or older, live in the service area of a PACE organization 
(PO), need a nursing home-level of care (as certified by the state in 
which he or she lives), and be able to live safely in the community 
with assistance from PACE.
    PACE organizations are responsible for providing all required 
Medicare and Medicaid covered services, and any other service that the 
interdisciplinary team (IDT) determines necessary to improve and 
maintain a participant's overall health condition (42 CFR 460.92). POs 
must also comply with the quality monitoring and reporting requirements 
outlined in Sec. Sec.  460.140, 460.200(b)(1), 460.200(c) and 460.202. 
POs are also required to report certain unusual incidents to other 
Federal and State agencies consistent with applicable statutory or 
regulatory requirements (see 42 CFR 460.136(a)(5)). Form Number: CMS-R-
10525 (OMB control number: 0938-1264); Frequency: Annual; Affected 
Public: Private Sector: Business or other for-profits; Number of 
Respondents: 131; Total Annual Responses: 1,143; Total Annual Hours: 
156,414. (For policy questions regarding this collection contact Donna 
Williamson at 410-786-4647.)

    Dated: March 18, 2020.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2020-06077 Filed 3-23-20; 8:45 am]
BILLING CODE 4120-01-P