[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Pages 20023-20024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8080]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10418]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request
AGENCY: Centers for Medicare & Medicaid Services, HHS.
In compliance with the requirement of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid
Services (CMS), Department of Health and Human Services, is publishing
the following summary of proposed collections for public comment.
Interested persons are invited to send comments regarding this burden
estimate or any other aspect of this collection of information,
including any of the following subjects: (1) The necessity and utility
of the proposed information collection for the proper performance of
the Agency's function; (2) the accuracy of the estimated burden; (3)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (4) the use of automated collection techniques or
other forms of information technology to minimize the information
collection burden.
1. Title of Information Collection: Annual MLR and Rebate
Calculation Report; Type of Collection: New collection; Use: Under
Section 2718 of the Affordable Care Act and implementing regulation at
45 CFR Part 158 (75 FR 74865, December 1, 2010) as modified by
technical corrections on December 30, 2010 (75 FR 82277), 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, and the amount of earned premium. An issuer must provide an
annual rebate to enrollees if the amount it spends on certain costs
compared to its premium revenue (excluding Federal and State taxes and
licensing and regulatory fees) does not meet a certain ratio, referred
to as the medical loss ratio (MLR). An interim final rule (IFR)
implementing the MLR was published on December 1, 2010 (75 FR 74865)
and modified by technical corrections on December 30, 2010 (75 FR
82277), which added Part 158 to Title 45 of the Code of Federal
Regulations. The IFR is effective January
[[Page 20024]]
1, 2011. A final rule regarding selected provisions of the IFR was
published on December 7, 2011 (76 FR 76574, CMS-9998-FC) and an interim
final rule regarding an issue not included in issuers' reporting
obligations (disbursement of rebates by non-federal governmental plans)
was also published December 7, 2011 (76 FR 76596, CMS-9998-IFC2). Both
rules published on December 7, 2011 are effective January 1, 2012. 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 enrollee that is due a
rebate payment 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.
The original 60-day comment period began on December 16, 2011 and
pertained to the MLR Annual Reporting Form, and closed on February 14,
2012. On February 16, we published an amended PRA package with Notices
to Consumers and reopened the public comment period until March 2, 2012
to accommodate comments on the amendments to the PRA package. We
received a total of 15 public comments regarding the Annual Reporting
Form and 11 public comments regarding the Notices to Consumers and
Instructions for these notices. Most public comments addressed multiple
issues. We have taken into consideration all the proposed suggestions
and have made changes to the Annual Reporting Form and Instructions, as
well as to the Notices to Consumers and Instructions. In addition, CMS
is adjusting the estimated burden that correlates with the Rebate
Notices and the MLR Information Notices.
Form Number: CMS-10418 (OCN: 0938-New); Frequency: Annual
submission for each respondent; Affected Public: Private Sector:
Business or other for-profits and not-for-profit institutions; Number
of Respondents: 527; Number of Responses: 5,530; Total Annual Hours:
352,563. (For policy questions regarding this collection, contact Carol
Jimenez at (301) 492-4457. For all other issues, call (410) 786-1326.)
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, access CMS Web
site address at http://www.cms.hhs.gov/PaperworkReductionActof1995, or
email your request, including your address, phone number, OMB number,
and CMS document identifier, to [email protected], or call the
Reports Clearance Office on (410) 786-1326.
To be assured consideration, comments and recommendations for the
proposed information collections must be received by the OMB desk
officer at the address below, no later than 5 p.m. on May 3, 2012.
OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk
Officer, Fax Number: (202) 395-6974, Email: [email protected].
Dated: March 30, 2012.
Martique Jones,
Director, Regulations Development Group, Division B, Office of
Strategic Operations and Regulatory Affairs.
[FR Doc. 2012-8080 Filed 4-2-12; 8:45 am]
BILLING CODE 4120-01-P