[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Pages 73033-73034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29626]



Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10333 and CMS-10381]

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: Revision of a currently 
approved collection; Title: Consumer Assistance Program Grants Use: 
Section 1002 of the Affordable Care Act provides for the establishment 
of consumer assistance (or ombudsman) programs, starting in FY 2010. 
Federal grants will support these programs. These programs will assist 
consumers with filing complaints and appeals, assist consumers with 
enrollment into health coverage, collect data on consumer inquiries and 
complaints to identify problems in the marketplace, educate consumers 
on their rights and responsibilities, and with the establishment of the 
new Exchange marketplaces, resolve problems with premium credits for 
Exchange coverage. Importantly, these programs must provide detailed 
reporting on the types of problems and questions consumers may 
experience with health coverage, and how these problems and questions 
are resolved. In order to strengthen oversight, the law requires 
programs to report data to the Secretary of the Department of Health 
and Human Services (HHS). ``As a condition of receiving a grant under 
subsection (a), an office of health insurance consumer assistance or 
ombudsman program shall be required to collect and report data to the 
Secretary on the types of problems and inquiries encountered by 
consumers'' (Sec. 2793 (d)). Analysis of this data reporting will help 
identify patterns of practice in the insurance marketplaces and uncover 
suspected patterns of noncompliance. HHS must share program data 
reports with the Departments of Labor and Treasury, and state 
regulators. Program data also can offer CCIIO one indication of the 
effectiveness of state enforcement, affording opportunities to provide 
technical assistance and support to state insurance regulators and, in 
extreme cases, inform the need to trigger federal enforcement.
    The 60-day Federal Register notice published on July 27, 2012, and 
the comment period ended September 25, 2012. We received a total of 21 
comments. All comments were summarized, consolidated (where overlap 
existed), and addressed. The majority of comments involved feedback on 
providing CAPs with more flexibility in collecting and reporting data. 
The implementation of a new progress report will allow CAPs to provide 
more information about their progress and activities. In addition, CMS 
received comments suggesting that collection of all of the CMS-required 
data elements is difficult and that adjustments to pre-existing 
databases is too expensive and laborious. CMS recognizes these concerns 
and acknowledges that CAPs are in the best situation to determine the 
level of information that is able to be collected for any given 
consumer. CMS also received comments suggesting that CMS provide 
guidance to CAPs on how to accurately measure savings to consumers. CMS 
has provided CAPs with suggestions on ways to calculate recovered 
benefits and will explore whether more comprehensive guidance is 
necessary. The comments received in response to the 60-day notice have 
not resulted in a change in burden estimates. Form Number: CMS-10333 
(OCN: 0938-1097); Frequency: Quarterly and Annual; Affected Public: 
Private Sector: State, Local, or Tribal Governments; Number of 
Respondents: 56; Total Annual Responses: 504; Total Annual Hours: 261 
hours. (For policy questions regarding this collection contact Eliza 
Bangit at 301-492-4219. For all other issues call 410-786-1326.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title: ICD-10 Industry Readiness Assessment; Use: 
The Congress addressed the need for a consistent framework for 
electronic transactions and other administrative simplification issues 
in the Health Insurance Portability and Accountability Act of 1996 
(HIPAA), Public Law 104-191, enacted on August 21, 1996. Through 
subtitle F of title II of HIPAA, the Congress added to title XI of the 
Social Security Act (the Act) a new Part C, entitled ``Administrative 
Simplification.'' Part C of title XI of the Act now consists of 
sections 1171 through 1180, which define various terms and impose 
several requirements on HHS, health plans, health care clearinghouses, 
and certain health care providers concerning the transmission of health 
information. Specifically, HIPAA requires the Secretary of HHS to adopt 
standards that covered entities are required to use in conducting 
certain health care administrative transactions, such as claims, 
remittance, eligibility, and claims status requests and responses. 
Findings from the ICD-10 industry readiness assessment will be used by 
CMS to understand each sector's progress toward compliance and to 
determine what communication and educational efforts can best help 
affected entities obtain the tools and resources they need to achieve 
timely compliance with ICD-10. Insights gleaned from the proposed 
research will be valid for education and outreach purposes only, and 
will not be used for policy purposes. Form Number: CMS-10381 
(OMB: 0938-1149); Frequency: Annual; Affected Public: Private 
Sector--Business or other for-profits, Not-for-profits; Number of 
Respondents: 1,200; Total Annual Responses: 1,200; Total Annual Hours: 
204. (For policy questions regarding this collection contact Rosali 
Topper at 410-786-7260. For all other issues call 410-786-1326.)

[[Page 73034]]

    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 Paperwork@cms.hhs.gov, 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 January 7, 2013.
    OMB, Office of Information and Regulatory Affairs, Attention: CMS 
Desk Officer, Fax Number: (202) 395-6974, Email: OIRA_submission@omb.eop.gov.

    Dated: December 4, 2012.
Martique Jones,
Director, Regulations Development Group, Division B, Office of 
Strategic Operations and Regulatory Affairs.
[FR Doc. 2012-29626 Filed 12-6-12; 8:45 am]