[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20320-20321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07799]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10457, CMS-10428 and CMS-10458]


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. Type of Information Collection Request: New collection; Title of 
Information Collection: MAC Satisfaction Indicator (MSI) Participant 
Information Registration Form; Use: Section 1874(A)(b)(3)(B) of the 
Social Security Act requires that provider satisfaction be a 
performance standard for the work of Medicare Administrative 
Contractors (MACs). In order to gain provider feedback regarding their 
satisfaction with their MACs, we need to be able to contact the 
providers. Therefore, we need accurate contact information to: select 
from for a random sample, get the survey to the appropriate respondent, 
and increase response rates. The survey will not be added to this 
package; instead, it will be processed under a different control number 
via an Interagency Agreement. Form Number: CMS-10457 (OCN: 0938-New). 
Frequency: Yearly; Affected Public: Private sector (business or other 
for-profit and not-for-profit institutions). Number of Respondents: 
150,000. Total Annual Responses: 150,000. Total Annual Hours: 2,500. 
(For policy questions regarding this collection contact Teresa Mundell 
at 410-786-9176. For all other issues call 410-786-1326.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title: PCIP Authorization to Share Personal Health 
Information; Use: On March 23, 2010, the President signed into law H.R. 
3590, the Patient Protection and Affordable Care Act (Affordable Care 
Act), Public Law 111-148. Section 1101 of the law establishes a 
``temporary high risk health insurance pool program'' (which has been 
named the Pre-Existing Condition Insurance Plan, or PCIP) to provide 
health insurance coverage to currently uninsured individuals with pre-
existing conditions. The law authorizes HHS to carry out the program 
directly or through contracts with states or private, non-profit 
entities.
    Reapproval of this package is being requested as a result of CMS, 
in its administration of the PCIP program, serving as a covered entity 
under the Health Insurance Portability and Accountability Act (HIPAA). 
Without a valid authorization, the PCIP program is unable to disclose 
information, with respect to an applicant or enrollee, about the status 
of an application, enrollment, premium billing or claim, to individuals 
of the applicant's or enrollee's choosing. The HIPAA Authorization Form 
has been modeled after CMS' Medicare HIPAA Authorization Form (OMB 
control number 0938-0930) and is used by applicants or enrollees to 
designate someone else to communicate with PCIP about their protected 
health information (PHI).
    Unless permitted or required by law, the Health Insurance 
Portability and Accountability Act (HIPAA) Privacy Rule (Sec.  164.508) 
prohibits CMS' PCIP program (a HIPAA covered entity) from disclosing an 
individual's protected health information without a valid 
authorization. In order to be valid, an authorization must include 
specified core elements and statements.
    CMS will make available to PCIP applicants and enrollees a 
standard, valid authorization to enable beneficiaries to communicate 
with PCIP about their personal health information. This is a critical 
tool because the population the PCIP program serves is comprised of 
individuals with pre-existing conditions who may be incapacitated and 
need an advocate to help them apply for or receive benefits from the 
program. This standard authorization will simplify the process of 
requesting information disclosure for beneficiaries and minimize the 
response time for the PCIP program.

[[Page 20321]]

    Each individual will be asked to complete the form which will 
include providing the individual's name, PCIP account number (if 
known), date of birth, what personal health information they agree to 
share, the length of time the individual agrees their personal health 
information can be shared, the names and addresses of the third party 
the individual wants PCIP to share their personal health information 
with, and an attestation that the individual is giving PCIP permission 
to share their personal health information with the third party listed 
in the form. This completed form will be submitted to the PCIP benefits 
administrator, GEHA, which contracts with CMS.
    We estimate that it will take approximately 15 minutes per 
applicant to complete and submit a HIPAA Authorization Form to the PCIP 
program.
    The federally-run PCIP program operates in 23 states plus the 
District of Columbia and receives an average of 35,000 enrollment 
applications per year. To estimate the number of PCIP applicants and 
enrollees who may complete an authorization, we looked at the 
percentage of individuals who request an authorization in Medicare as a 
baseline. Medicare estimates 3% of its population will submit an 
authorization per year. However, since the PCIP program caters to an 
exclusive population comprised of individuals who have one or more pre-
existing conditions, we believe it is likely we could receive double 
the percentage estimated by Medicare. Accordingly, PCIP estimates 6% 
(or 2,100) of its applicants and enrollees may submit an authorization 
per year.
    Based on the above, it is estimated that up to 2,100 applicants and 
enrollees may submit an authorization annually. There is no cost to 
PCIP beneficiaries to request, complete, submit, or have the 
authorization form processed by PCIP. It should take approximately 15 
minutes for a beneficiary to complete the authorization form. 15 
minutes multiplied by 2,100 beneficiaries equals 525 hours. Form 
Number: CMS-10428 (OCN: 0938-1161); Frequency: Once; Affected 
Public: Individuals or households; Number of Respondents: 2,100; Total 
Annual Responses: 2,100; Total Annual Hours: 525. (For policy questions 
regarding this collection contact Geoffrey Cabin at 410-786-1744. For 
all other issues call 410-786-1326.)
    1. Type of Information Collection Request: New collection (request 
for a new OMB control number). Title of Information Collection: 
Consumer Research Supporting Outreach for Health Insurance Marketplace. 
Use: The Centers for Medicare and Medicaid Services is requesting 
clearance for two surveys to aid in understanding levels of awareness 
and customer service needs associated with the Health Insurance 
Marketplace established by the Affordable Care Act. Because the 
Marketplace will provide coverage to the almost 50 million uninsured in 
the United States through individual and small employer programs, we 
have developed one survey to be administered to individual consumers 
most likely to use the Marketplace and another to be administered to 
small employers most likely to use the Small Business Health Options 
portion of the Marketplace. These brief surveys, designed to be 
conducted quarterly, will give CMS the ability to obtain a rough 
indication of the types of outreach and marketing that will be needed 
to enhance awareness of and knowledge about the Marketplace for 
individual and business customers. CMS' biggest customer service need 
is likely to be providing sufficient education so consumers: (a) Can 
take advantage of the Marketplace and (b) know how to access CMS' 
customer service channels. The surveys will provide information on 
media use, concept awareness, and conceptual or content areas where 
education for customer service delivery can be improved. Awareness and 
knowledge gaps are likely to change over time based not only on 
effectiveness of CMS' marketing efforts, but also of those of state, 
local, private sector, and nongovernmental organizations. Form Number: 
CMS-10458 (OCN: 0938-New). Frequency: Quarterly. Affected Public: 
Individuals or households, private sector (business or other for-
profits). Number of Respondents: 40,200. Total Annual Responses: 
40,200. Total Annual Hours: 2,480. (For policy questions regarding this 
collection contact Julie Franklin at 410-786-8126. 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 6, 2013.
    OMB, Office of Information and Regulatory Affairs, Attention: CMS 
Desk Officer, Fax Number: (202) 395-6974, Email: [email protected].

    Dated: March 29, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2013-07799 Filed 4-3-13; 8:45 am]
BILLING CODE 4120-01-P