80 FR 30646 - Request for Information Regarding the Requirements for the Health Plan Identifier
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary Federal Register Volume 80, Issue 103 (May 29, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 103 (May 29, 2015)
| Page Range | 30646-30647 | |
| FR Document | 2015-13047 |
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)] [Proposed Rules] [Pages 30646-30647] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13047] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 45 CFR Part 162 [CMS-0026-NC] Request for Information Regarding the Requirements for the Health Plan Identifier AGENCY: Office of the Secretary (HHS). ACTION: Request for information. ----------------------------------------------------------------------- SUMMARY: This request for information seeks public comment regarding the health plan identifier (HPID) including the requirements regarding health plan enumeration and the requirement, to use the HPID in electronic health care transactions. DATES: To be assured consideration, written or electronic comments must be received at one of the addresses provided below, no later than 5 p.m. on July 28, 2015. ADDRESSES: In commenting, refer to file code CMS-0026-NC. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (please choose only one of the ways listed): 1. Electronically. You may submit electronic comments on this regulation to http://www.regulations.gov. Follow the ``Submit a comment'' instructions. 2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-0026-NC, P.O. Box 8013, Baltimore, MD 21244-8013. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-0026-NC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 4. By hand or courier. Alternatively, you may deliver (by hand or courier) your written comments ONLY to the following addresses: a. For delivery in [[Page 30647]] Washington, DC--Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201. (Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp- in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) b. For delivery in Baltimore, MD--Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244-1850. If you intend to deliver your comments to the Baltimore address, call telephone number (410) 786-9994 in advance to schedule your arrival with one of our staff members. Comments erroneously mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. FOR FURTHER INFORMATION CONTACT: Geanelle G. Herring, (410) 786-4466. Chevell Thomas, (410) 786-1387. SUPPLEMENTARY INFORMATION: Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: http://www.regulations.gov. Follow the search instructions on that Web site to view public comments. Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951. I. Background Section 262 of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, added section 1173 to the Social Security Act (the Act) and required, among other things, the Secretary of the Department of Health and Human Services (HHS) (the Secretary) to adopt standards providing for a standard unique health identifier for each health plan. The Congress renewed that requirement in 2010 in section 1104 of the Patient Protection and Affordable Care Act (Pub. L. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152) (collectively known as the Affordable Care Act), requiring the Secretary to promulgate a final rule to establish a unique health plan identifier based on the input of the National Committee on Vital and Health Statistics, with such rulemaking to be effective not later than October 1, 2012. In the September 5, 2012 Federal Register (77 FR 54664), the Secretary issued the Administrative Simplification: Adoption of a Standard for a Unique Health Plan Identifier; Addition to the National Provider Identifier Requirements; and a Change to the Compliance Date for the International Classification of Diseases, 10th Edition (ICD-CM and ICD-10-PCS) Medical Data Code Sets final rule (hereinafter referred to as the ``HPID final rule'') adopting a standard for a unique health plan identifier (HPID) and established requirements for its implementation. The final rule was effective November 5, 2012. With the exception of small health plans, plans were required to obtain an HPID by November 5, 2014 (small plans have until November 5, 2015). In recognition of the fact that health plans have many different business structures and arrangements, the HPID final rule created an enumeration structure that distinguishes between controlling health plans (CHPs) and subhealth plans (SHPs) and enables health plans to obtain HPIDs to reflect those arrangements and be identified appropriately in HIPAA transactions. CHPs are required to obtain HPIDs while SHPs are not. The HPID final rule also created an optional other entity identifier (OEID) to facilitate the identification in HIPAA transactions of entities that are not health plans, health care providers, or individuals, yet need to be identified in such transactions. The HPID final rule does not require covered entities to identify a health plan in a HIPAA transaction. But, where a covered entity does identify a health plan in a HIPAA transaction, the final rule specifies that, on or after November 7, 2016, it must use an HPID to do so. In early 2014, the National Committee on Vital and Health Statistics (NCVHS) conducted a number of hearings regarding the HPID. Those hearings yielded testimony from various segments of the industry expressing concerns about the HPID and the need for additional clarification and led the NCVHS, on September 23, 2014, to recommend that the Secretary specify that the HPID not be used in HIPAA transactions and clarify the HPID's use. On October 31, 2014, HHS exercised enforcement discretion and advised the public of a delay, until further notice, in enforcement of 45 CFR 162, Subpart E (the regulations pertaining to HPID enumeration and use) so that HHS could review the NCVHS's recommendations and consider next steps. (See http://www.cms.gov/Regulations-and-Guidance/HIPAA-Administrative-Simplification/Affordable-Care-Act/Health-Plan-Identifier.html). II. Solicitation of Comments We are soliciting public input to assess the NCVHS's recommendations to determine whether policy changes may be warranted. We also note that, since the publication of the HPID final rule, the nation's health care system has experienced sweeping changes, including implementation of the Affordable Care Act's marketplaces. Therefore, we are requesting information regarding the following:The HPID enumeration structure outlined in the HPID final rule, including the use of the CHP/SHP and OEID concepts. The use of the HPID in HIPAA transactions in conjunction with the Payer ID. Whether changes to the nation's health care system, since the issuance of the HPID final rule published September 5, 2012, have altered your perspectives about the function of the HPID. III. Response to Comments Because of the large number of public comments we normally receive on Federal Register documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble; and, when we issue a subsequent document, we will respond to the comments in the preamble to that document. Approved May 25, 2015. Sylvia M. Burwell, Secretary, Department of Health and Human Services. [FR Doc. 2015-13047 Filed 5-28-15; 8:45 am] BILLING CODE 4120-01-P
![30646 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Proposed Rules
for pesticide labels. This does not alter effective and mutually agreed upon Dated: May 19, 2015.
EPA’s previous requirement for more stakeholder (i.e., beekeeper-to-grower) Jack E. Housenger,
specific restrictions on neonicotinoid practices indicating that application of Director, Office of Pesticide Programs.
pesticides for which EPA required acutely toxic pesticides is not of risk [FR Doc. 2015–12989 Filed 5–28–15; 8:45 am]
language to address risks to bees not concern for bees under contract, then BILLING CODE 6560–50–P
under contract for pollination services. EPA will consider this evidence in
EPA is seeking comment on both the determining whether this scenario
approach of label restrictions on needs the mitigation indicated in the DEPARTMENT OF HEALTH AND
products used for bees under contract proposed language. Please comment on
for pollinator services, and for the HUMAN SERVICES
any factors that may allow EPA to
approach to rely on state and tribal reconsider the mitigation for this Office of the Secretary
pollinator protection plans to bees that scenario, for example, if risks to bees are
are not under contract for pollination addressed through existing, and widely 45 CFR Part 162
services. used, contract language.
These actions are consistent with the [CMS–0026–NC]
Presidential directive issued in June B. State and Tribal Managed Pollinator
2014 to reduce the effect of factors that Protection Plans Request for Information Regarding the
have been associated with pollinator Requirements for the Health Plan
declines in general as well as the For sites not under contracted Identifier
mandate to engage state and tribal services, EPA believes that pollinator
protection plans serve as examples of AGENCY: Office of the Secretary (HHS).
partners in the development of
effective collaboration between ACTION: Request for information.
pollinator protection plans. While the
proposed mitigation focuses on stakeholders at the local level that can SUMMARY: This request for information
managed bees, EPA believes that in lead to reduced pesticide exposure and seeks public comment regarding the
protecting managed bees, these protection of managed bees while health plan identifier (HPID) including
measures will also protect native maintaining the flexibility needed by the requirements regarding health plan
solitary and social bees that are in and growers to protect crops. Based on enumeration and the requirement, to
around treatment areas. The proposed feedback provided to EPA by state lead use the HPID in electronic health care
mitigation is based on an acute toxicity agencies that have developed such transactions.
threshold and is not intended to plans, beekeeper-to-grower
DATES: To be assured consideration,
supersede more restrictive product- communication has been enhanced and
fewer bee kill incidents have been written or electronic comments must be
specific use prohibitions. EPA will
reported as a result of the plans. Across received at one of the addresses
continue to conduct chemical-specific
these diverse plans, the common provided below, no later than 5 p.m. on
risk assessments for bees and will
element has been effective stakeholder July 28, 2015.
consider additional product-specific
mitigation as needed in the Office of engagement, and anecdotal reports from ADDRESSES: In commenting, refer to file
Pesticide Program’s (OPP) registration the stakeholder groups suggest that the code CMS–0026–NC. Because of staff
and registration review programs. plans are effective at increasing and resource limitations, we cannot
communication and cooperation. The accept comments by facsimile (FAX)
III. Areas of Feedback development of pollinator protection transmission.
EPA is seeking comments on the plans is a voluntary way for states and You may submit comments in one of
proposed approach to mitigate exposure tribes to address acute pesticide four ways (please choose only one of the
to bees from acutely toxic pesticide exposure to pollinators. EPA believes ways listed):
products under contract and non- that a key factor for states and tribes to 1. Electronically. You may submit
contract pollination scenarios. In determine the effectiveness of managed electronic comments on this regulation
addition, EPA is specifically seeking pollinator protection plans will be to to http://www.regulations.gov. Follow
comment on several issues described in include mechanisms to measure the the ‘‘Submit a comment’’ instructions.
the policy paper. effectiveness and a process to 2. By regular mail. You may mail
periodically review and modify each written comments to the following
A. Label Language for Applications to address ONLY: Centers for Medicare &
Sites With Bees Present Under plan. Please comment on EPA’s
proposal to address risk to non-contract Medicaid Services, Department of
Contracted Services Health and Human Services, Attention:
bees through reliance on state and tribal
EPA is proposing to prohibit the foliar plans. Also, given the uncertainties with CMS–0026–NC, P.O. Box 8013,
application of acutely toxic products incident data, what kind of measures Baltimore, MD 21244–8013.
during bloom for sites with bees on-site should be used to demonstrate that state Please allow sufficient time for mailed
under contract, unless the application is and tribal pollinator protection plans comments to be received before the
made in accordance with a government- are effective? close of the comment period.
declared public health response. EPA 3. By express or overnight mail. You
encourages growers and beekeepers to C. Uncertainties may send written comments to the
include provisions in pollination following address ONLY: Centers for
service contracts that take into account EPA recognizes that there are a Medicare & Medicaid Services,
number of uncertainties that remain
Lhorne on DSK2VPTVN1PROD with PROPOSALS
the increased likelihood of bee colony Department of Health and Human
exposure and ensure that colonies will regarding chemicals and exposure Services, Attention: CMS–0026–NC,
be protected and pollination services scenarios that may not fall within the Mail Stop C4–26–05, 7500 Security
secured. If EPA receives evidence domain of the proposal. EPA is also Boulevard, Baltimore, MD 21244–1850.
during the public comment period and/ interested in receiving feedback on 4. By hand or courier. Alternatively,
or through outreach at stakeholder these uncertainties, which are described you may deliver (by hand or courier)
meetings that such contract provisions in the proposal. your written comments ONLY to the
are common or that there are other Authority: 7 U.S.C. 136a. following addresses: a. For delivery in
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![Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Proposed Rules 30647
Washington, DC—Centers for Medicare things, the Secretary of the Department yielded testimony from various
& Medicaid Services, Department of of Health and Human Services (HHS) segments of the industry expressing
Health and Human Services, Room 445– (the Secretary) to adopt standards concerns about the HPID and the need
G, Hubert H. Humphrey Building, 200 providing for a standard unique health for additional clarification and led the
Independence Avenue SW., identifier for each health plan. The NCVHS, on September 23, 2014, to
Washington, DC 20201. Congress renewed that requirement in recommend that the Secretary specify
(Because access to the interior of the 2010 in section 1104 of the Patient that the HPID not be used in HIPAA
Hubert H. Humphrey Building is not Protection and Affordable Care Act transactions and clarify the HPID’s use.
readily available to persons without (Pub. L. 111–148), as amended by the On October 31, 2014, HHS exercised
Federal government identification, Health Care and Education enforcement discretion and advised the
commenters are encouraged to leave Reconciliation Act of 2010 (Pub. L. 111– public of a delay, until further notice, in
their comments in the CMS drop slots 152) (collectively known as the enforcement of 45 CFR 162, Subpart E
located in the main lobby of the Affordable Care Act), requiring the (the regulations pertaining to HPID
building. A stamp-in clock is available Secretary to promulgate a final rule to enumeration and use) so that HHS could
for persons wishing to retain a proof of establish a unique health plan identifier review the NCVHS’s recommendations
filing by stamping in and retaining an based on the input of the National and consider next steps. (See http://
extra copy of the comments being filed.) Committee on Vital and Health
www.cms.gov/Regulations-and-
b. For delivery in Baltimore, MD— Statistics, with such rulemaking to be
Guidance/HIPAA-Administrative-
Centers for Medicare & Medicaid effective not later than October 1, 2012.
In the September 5, 2012 Federal Simplification/Affordable-Care-Act/
Services, Department of Health and Health-Plan-Identifier.html).
Human Services, 7500 Security Register (77 FR 54664), the Secretary
Boulevard, Baltimore, MD 21244–1850. issued the Administrative II. Solicitation of Comments
If you intend to deliver your Simplification: Adoption of a Standard
comments to the Baltimore address, call for a Unique Health Plan Identifier; We are soliciting public input to
telephone number (410) 786–9994 in Addition to the National Provider assess the NCVHS’s recommendations
advance to schedule your arrival with Identifier Requirements; and a Change to determine whether policy changes
one of our staff members. to the Compliance Date for the may be warranted. We also note that,
Comments erroneously mailed to the International Classification of Diseases, since the publication of the HPID final
addresses indicated as appropriate for 10th Edition (ICD–CM and ICD–10–PCS) rule, the nation’s health care system has
hand or courier delivery may be delayed Medical Data Code Sets final rule experienced sweeping changes,
and received after the comment period. (hereinafter referred to as the ‘‘HPID including implementation of the
final rule’’) adopting a standard for a Affordable Care Act’s marketplaces.
FOR FURTHER INFORMATION CONTACT:
unique health plan identifier (HPID) and Therefore, we are requesting
Geanelle G. Herring, (410) 786–4466.
established requirements for its information regarding the following:
Chevell Thomas, (410) 786–1387.
implementation. The final rule was
SUPPLEMENTARY INFORMATION: Inspection • The HPID enumeration structure
effective November 5, 2012. With the
of Public Comments: All comments exception of small health plans, plans outlined in the HPID final rule,
received before the close of the were required to obtain an HPID by including the use of the CHP/SHP and
comment period are available for November 5, 2014 (small plans have OEID concepts.
viewing by the public, including any until November 5, 2015). In recognition • The use of the HPID in HIPAA
personally identifiable or confidential of the fact that health plans have many transactions in conjunction with the
business information that is included in different business structures and Payer ID.
a comment. We post all comments arrangements, the HPID final rule • Whether changes to the nation’s
received before the close of the created an enumeration structure that health care system, since the issuance of
comment period on the following Web distinguishes between controlling the HPID final rule published
site as soon as possible after they have health plans (CHPs) and subhealth plans September 5, 2012, have altered your
been received: http:// (SHPs) and enables health plans to perspectives about the function of the
www.regulations.gov. Follow the search obtain HPIDs to reflect those HPID.
instructions on that Web site to view arrangements and be identified
public comments. appropriately in HIPAA transactions. III. Response to Comments
Comments received timely will also CHPs are required to obtain HPIDs
be available for public inspection as while SHPs are not. The HPID final rule Because of the large number of public
they are received, generally beginning also created an optional other entity comments we normally receive on
approximately 3 weeks after publication identifier (OEID) to facilitate the Federal Register documents, we are not
of a document, at the headquarters of identification in HIPAA transactions of able to acknowledge or respond to them
the Centers for Medicare & Medicaid entities that are not health plans, health individually. We will consider all
Services, 7500 Security Boulevard, care providers, or individuals, yet need comments we receive by the date and
Baltimore, Maryland 21244, Monday to be identified in such transactions. time specified in the DATES section of
through Friday of each week from 8:30 The HPID final rule does not require this preamble; and, when we issue a
a.m. to 4 p.m. To schedule an covered entities to identify a health plan subsequent document, we will respond
appointment to view public comments, in a HIPAA transaction. But, where a to the comments in the preamble to that
Lhorne on DSK2VPTVN1PROD with PROPOSALS
phone 1–800–743–3951. covered entity does identify a health document.
plan in a HIPAA transaction, the final Approved May 25, 2015.
I. Background
rule specifies that, on or after November
Section 262 of the Health Insurance Sylvia M. Burwell,
7, 2016, it must use an HPID to do so.
Portability and Accountability Act of In early 2014, the National Committee Secretary, Department of Health and Human
1996, Public Law 104–191, added on Vital and Health Statistics (NCVHS) Services.
section 1173 to the Social Security Act conducted a number of hearings [FR Doc. 2015–13047 Filed 5–28–15; 8:45 am]
(the Act) and required, among other regarding the HPID. Those hearings BILLING CODE 4120–01–P
VerDate Sep<11>2014 14:18 May 28, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4702 Sfmt 9990 E:\FR\FM\29MYP1.SGM 29MYP1](https://thefederalregister.org/doc/80_FR_30749/page/2.svg)
Document Created: 2015-12-15 15:31:25
Document Modified: 2015-12-15 15:31:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Request for information. | |
| Dates | To be assured consideration, written or electronic comments must | |
| Contact | Geanelle G. Herring, (410) 786-4466. Chevell Thomas, (410) 786-1387. | |
| FR Citation | 80 FR 30646 |
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