[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50060-50062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19963]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10190, CMS-R-52, CMS-10492 and CMS-10416]
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
[[Page 50061]]
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 any of the following subjects: (1) the necessity and utility
of the proposed information collection for the proper performance of
the agency's functions; (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.
DATES: Comments must be received by October 15, 2013:
ADDRESSES: When commenting, please reference the document identifier or
OMB control number (OCN). 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' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.
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: Reports Clearance Office at (410) 786-
1326
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-10190 State Plan Preprints to Implement Sections 6083, 6036,
6041, 6042, 6043, and 6044 of the Deficit Reduction Act (DRA) of 2005
CMS-R-52 Conditions for Coverage of Suppliers of End Stage Renal
Disease (ESRD) Services and Supporting Regulations
CMS-10492 Data Submission for the Federally-facilitated Exchange
User Fee Adjustment
CMS-10416 Blueprint for Approval of Affordable Health Insurance
Marketplaces
Under the Paperwork Reduction Act (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: State Plan Preprints to Implement Sections 6083, 6036,
6041, 6042, 6043, and 6044 of the Deficit Reduction Act (DRA) of 2005;
Use: State Medicaid agencies will complete the templates. We will
review the information to determine if the state has met all of the DRA
requirements that the state has chosen to implement. If the
requirements are met, we will approve the amendments to the state's
Title XIX plan giving the state the authority to implement the
flexibilities. For a state to receive Medicaid Title XIX funding, there
must be an approved Title XIX state plan. With respect to section 6043,
if a state adopts the cost-sharing provision for the non-emergency use
of an emergency room, a hospital will be required to inform a
beneficiary of the cost of the copayment and the availability of the
service at a lesser or nearly no co-pay facility. That hospital will
coordinate the referral. Form Number: CMS-10190 (OCN: 0938-0993);
Frequency: Occasionally; Affected Public: Private sector--Business or
other for-profits, Not-for-profit institutions, and State, Local, or
Tribal Governments; Number of Respondents: 56; Total Annual Responses:
4,016; Total Annual Hours: 699. (For policy questions regarding this
collection contact Rhonda Simms at 410-786-1200.)
2. Type of Information Collection Request: Reinstatement with
change of a previously approved collection; Title of Information
Collection: Conditions for Coverage of Suppliers of End Stage Renal
Disease (ESRD) Services and Supporting Regulations; Use: The
information collection requirements described herein are part of the
Medicare and Medicaid Programs; Conditions for Coverage for End-Stage
Renal Disease Facilities. The requirements fall into two categories:
Record keeping requirements and reporting requirements. With regard to
the record keeping requirements, we use these conditions for coverage
to certify health care facilities that want to participate in the
Medicare or Medicaid programs. For the reporting requirements, the
information is needed to assess and ensure proper distribution and
effective utilization of ESRD treatment resources while maintaining or
improving quality of care. The recordkeeping requirements imposed by
this collection are no different than other conditions for coverage in
that they reflect comparable standards developed by industry
organizations such as the Renal Physicians Association, American
Society of Transplant Surgeons, National Kidney Foundation, and the
National Association of Patients on Hemodialysis and Transplantation.
Form Number: CMS-R-52 (OCN: 0938-0386); Frequency: Annually; Affected
Public: Business or other for-profit; Number of Respondents: 6,464;
Total Annual Responses: 139,110; Total Annual Hours: 523,454. (For
policy questions regarding this collection contact Lauren Oviatt at
410-786-4683.)
3. Type of Information Collection Request: New collection (Request
for a new OMB control number); Title of Information Collection: Data
Submission for the Federally-facilitated Exchange User Fee Adjustment;
Use: The final rule ``Coverage of Certain Preventive Services Under the
[[Page 50062]]
Affordable Care Act'' published by the Departments of Health and Human
Services (HHS), the Treasury, and Labor on July 2, 2013 (78FR 39870),
sets forth regulations regarding coverage for certain preventive
services under section 2713 of the Public Health Service Act, as added
by the Patient Protection and Affordable Care Act, as amended, and
incorporated into the Employee Retirement Income Security Act of 1974
and the Internal Revenue Code. Section 2713 of the Public Health
Service Act requires coverage without cost sharing of certain
preventive health services, including certain contraceptive services,
in non-exempt, non-grandfathered group health plans and health
insurance coverage. The final rule establishes accommodations with
respect to group health plans established or maintained by eligible
organizations (and group health insurance coverage offered in
connection with such plans).
Eligible organizations are required to self-certify that they are
eligible for this accommodation and provide a copy of such self-
certification to their third party administrators. The final rule also
set forth processes and standards to fund the payments for the
contraceptive services that are provided for participants and
beneficiaries in self-insured plans of eligible organizations under the
accommodation described previously, through an adjustment in the
Federally-facilitated Exchange (FFE) user fee payable by an issuer
participating in an FFE.
In order to facilitate the FFE user fee adjustment, and ensure that
these user fee adjustments reflect payments for contraceptive services
provided under this accommodation and that the adjustment is applied to
the appropriate participating issuer in an FFE, the final rule requires
an information collection from applicable participating issuers and
third party administrators. In particular, the final regulations at 45
CFR 156.50(d)(2)(i) provides that a participating issuer who seeks an
FFE user fee adjustment must submit to HHS in the year following the
benefit year in which payments for contraceptive services were made
under the previously mentioned accommodation, identifying information
for the participating issuer, each third party administrator, and each
self-insured group health plan, as well as the total dollar amount of
the payments for contraceptive services that were provided during the
applicable calendar year under the accommodation. The final regulation
at 45 CFR 156.50(d)(2)(iii) also requires the third party administrator
to submit to HHS identifying information for the third party
administrator, the participating issuer, and each self-insured group
health plan, as well as the total number of participants and
beneficiaries in each self-insured group health plan during the
applicable calendar year, the total dollar amount of payments made for
contraceptive services, and an attestation that the payments for
contraceptive services were made in compliance with 26 CFR 54.9815-
2713A(b)(2) or 29 CFR 2590.715-2713A(b)(2).
Furthermore, to determine the potential number of submissions
provided by third party administrators and allow HHS to prepare to
receive submissions in calendar year 2015, the final regulation at 45
CFR 156.50(d)(2)(ii) requires third party administrators to submit to
HHS a notification that the third party administrator intends for a
participating issuer to seek an FFE user fee adjustment, by the later
of January 1, 2014, or the 60th calendar day following the date on
which the third party administrator receives a copy of a self-
certification from an eligible organization.
The burden associated with these processes includes the time for
applicable participating issuers and third party administrators to
submit identifying information and total payments made for
contraceptive services in the prior calendar year. HHS is unable to
estimate the number of organizations that will seek user fee
adjustments and seeks comments on this number in this notice. We
anticipate that participating issuers in an FFE seeking a user fee
adjustment and third party administrators with respect to which the FFE
user fee adjustment is received will submit this information
electronically. Form Number: CMS-10492 (OCN: 0938-NEW); Frequency:
Once, Yearly; Affected Public: Private Sector--Business or other for-
profits and Not-for-profit institutions; Number of Respondents: 10;
Total Annual Responses: 1; Total Annual Hours: 8. (For policy questions
regarding this collection contact Ariel Novick at 301-492-4309.)
4. Type of Information Collection Request: Revision of a currently
approved collection. Title of Information Collection: Blueprint for
Approval of Affordable Health Insurance Marketplaces; Use: All states
(including the 50 States, and the District of Columbia herein referred
to as states) have the opportunity under Section 1311(b) of the
Affordable Care Act to establish an Exchange (referred to herein as
Marketplace). The original information collection request for the State
Marketplace Blueprint Data Collection Tool specified a single reporting
tool for all the various Marketplace types. This request revises the
collection process by having separate collection tools for each type of
Marketplace with the goal of reducing the burden. Also, at the time of
the original request, the tool was partially paper-based. During the
intervening time, we have has completed the on-line implementation of
the tool and will transition all future applications to that system.
Given the innovative nature of Marketplaces and the statutorily-
prescribed relationship between the secretary and states in their
development and operation, it is critical that the Secretary work
closely with states to provide necessary guidance and technical
assistance to ensure that states can meet the prescribed timelines,
federal requirements, and goals of the statute.
States seeking to establish a Marketplace must build a Marketplace
that meets the requirements set out in section 1311(d) of the
Affordable Care Act and 45 CFR 155.105. In order to ensure that a state
seeking approval as a State-based Marketplace, State-based SHOP, or
State Partnership Marketplace in the Federally-facilitated Marketplace
meet all applicable requirements, the Secretary will require a state to
submit a Blueprint for approval and to demonstrate operational
readiness through virtual or on-site readiness review. Submission of
the Blueprint Application will be online. Form Number: CMS-10416 (OCN:
0938-1172); Frequency: Once; Affected Public: State, Local, or Tribal
governments; Number of Respondents: 51; Number of Responses: 63; Total
Annual Hours: 11,283. (For policy questions regarding this collection
contact Sarah Summer 301-492-4443.)
Dated: August 13, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic
Operations and Regulatory Affairs.
[FR Doc. 2013-19963 Filed 8-15-13; 8:45 am]
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