[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 78968-78969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifiers: CMS-10379 and CMS-724]
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 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 February 25, 2014.
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-10379 Rate Increase Disclosure and Review Reporting Requirements
CMS-724 Medicare/Medicaid Psychiatric Hospital Survey Data
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
[[Page 78969]]
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 with
change of a previously approved information collection; Title of
Information Collection: Rate Increase Disclosure and Review Reporting
Requirements; Use: Section 1003 of the Affordable Care Act adds a new
section 2794 of the PHS Act which directs the Secretary of the
Department of Health and Human Services (the Secretary), in conjunction
with the states, to establish a process for the annual review of
``unreasonable increases in premiums for health insurance coverage.''
The statute provides that health insurance issuers must submit to the
Secretary and the applicable state justifications for unreasonable
premium increases prior to the implementation of the increases. Section
2794 also specifies that beginning with plan years beginning in 2014,
the Secretary, in conjunction with the states, shall monitor premium
increases of health insurance coverage offered through an Exchange and
outside of an Exchange.
Section 2794 directs the Secretary to ensure the public disclosure
of information and justification relating to unreasonable rate
increases. The regulation therefore develops a process to ensure the
public disclosure of all such information and justification. Section
2794 requires that health insurance issuers submit justification for an
unreasonable rate increase to both us and the relevant state prior to
its implementation. Additionally, section 2794 requires that rate
increases effective in 2014 (submitted for review in 2013) be monitored
by the Secretary, in conjunction with the states. To those ends the
regulation establishes various reporting requirements for health
insurance issuers, including a Preliminary Justification for a proposed
rate increase, a Final Justification for any rate increase determined
by a state or CMS to be unreasonable, and a notification requirement
for unreasonable rate increases which the issuer will not implement.
On November 14, 2013, we issued a letter to State Insurance
Commissioners outlining transitional policy for non-grandfathered
coverage in the small group and individual health insurance markets. If
permitted by applicable State authorities, health insurance issuers may
choose to continue coverage that would otherwise be terminated or
cancelled, and affected individuals and small businesses may choose to
re-enroll in such coverage. Under this transitional policy, non-
grandfathered health insurance coverage in the individual or small
group market that is renewed for a policy year starting between January
1, 2014, and October 1, 2014, will not be considered to be out of
compliance with certain market reforms if certain specific conditions
are met. These transitional plans continue to be subject to the
requirements of section 2794, but are not subject to 2701 (market
rating rules), 2702 (guaranteed availability), 2704 (prohibition on
health status rating), 2705 (prohibition on health status
discrimination) and 2707 (requirements of essential health benefits)
and the because the single risk pool (1311(e)) is dependent on all of
the aforementioned sections (2701, 2702, 2704, 2705 and 2707), the
transitional plans are also exempt from the single risk pool The
Unified Rate Review Template and system are exclusively designed for
use with the single risk pool plan, and any attempt to include non-
single risk pool plans in the Unified Rate Review template or system
will create errors, inaccuracies and limitations on submissions that
would prevent the effectiveness of reviews of both sets of non-
grandfathered plans (single risk pool and transitional). For these many
reasons, we are requiring issuers with transitional plans that
experience rate increases subject to review to use the Rate Review
Justification system and templates which were required and utilized
prior to April 1, 2013. Form Number: CMS-10379 (OCN: 0938-1141);
Frequency: Annual; Affected Public: Private Sector, State Governments;
Number of Respondents: 81; Number of Responses: 359; Total Annual
Hours: 1,880. (For policy questions regarding this collection, contact
Doug Pennington at 410-786-1553.)
2. Type of Information Collection Request: Reinstatement without
change of a previously approved collection; Title of Information
Collection: Medicare/Medicaid Psychiatric Hospital Survey Data; Use:
The CMS-724 form is used to collect data that is not collected
elsewhere and assists us in program planning and evaluation and in
maintaining an accurate database on providers participating in the
psychiatric hospital program. Form Number: CMS-724 (OCN: 0938-0378);
Frequency: Annually; Affected Public: Private Sector: Business or other
for-profits and Not-for-profit institutions; Number of Respondents:
500; Total Annual Responses: 150; Total Annual Hours: 75. (For policy
questions regarding this collection contact Donald Howard at 410-786-
6764.)
Dated: December 23, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic
Operations and Regulatory Affairs.
[FR Doc. 2013-30994 Filed 12-26-13; 8:45 am]
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