80 FR 52478 - Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget (OMB)
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 80, Issue 168 (August 31, 2015)
Centers for Medicare & Medicaid Services
Federal Register Volume 80, Issue 168 (August 31, 2015)
| Page Range | 52478-52479 | |
| FR Document | 2015-21476 |
[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)] [Notices] [Pages 52478-52479] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21476] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-10401] Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget (OMB) AGENCY: Centers for Medicare & Medicaid Services. ACTION: Notice. ----------------------------------------------------------------------- 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. 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. We are, however, requesting an emergency review of the information collection referenced below. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have submitted to the Office of Management and Budget (OMB) the following requirements for emergency review. This is necessary to ensure compliance with an initiative of the Administration. We are requesting an emergency review under 5 CFR 1320.13(a)(2)(i) because public harm is reasonably likely to result if the normal clearance procedures are followed. We are seeking emergency approval for modifications to the information collection request (ICR) currently approved under Office of Management and Budget (OMB) control number 0938-1155. CMS seeks an emergency revision to the ICR approved under 0938-1155 to collect additional information from health insurance companies as part of the MLR and risk corridors programs. This ICR is necessary to validate data that issuers have previously submitted to CMS in more detail than CMS has previously anticipated. While conducting program integrity reviews of submitted data, CMS has identified a number of significant discrepancies in the 2014 benefit year submissions that issuers made for MLR and risk corridors on July 31, 2015. CMS also identified a number of common errors that may lead to submissions that do not comply with CMS regulations and guidance. In order to resolve these potential discrepancies, ensure all submissions comply with applicable guidance, and operate the MLR and risk corridors program accurately and effectively, CMS needs additional information to explain the data found in issuers' underlying MLR and risk corridors submissions. Without this additional information, CMS will be unable to verify the accuracy of the submission and validate the data needed to operate the MLR or risk corridors programs. DATES: Comments must be received by September 3, 2015. ADDRESSES: When commenting, please reference the document identifier or OMB control number. 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: CMS-10401/OMB Control Number 0938-1155, 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 Paperwork@cms.hhs.gov. 3. Call the Reports Clearance Office at (410) 786-1326. FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786- 1326. SUPPLEMENTARY INFORMATION: [[Page 52479]] 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-10401 Standards Related to Reinsurance, Risk Corridors, and Risk Adjustment Under the 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. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have submitted to the Office of Management and Budget (OMB) the following requirements for emergency review. This is necessary to ensure compliance with an initiative of the Administration. We are requesting an emergency review under 5 CFR 1320.13(a)(2)(i) because public harm is reasonably likely to result if the normal clearance procedures are followed. Information Collection 1. Type of Information Collection Request: Revision of a currently approved information collection; Title of Information Collection: Standards Related to Reinsurance, Risk Corridors, and Risk Adjustment; Use: Under Section 1342 of the Patient Protection and Affordable Care Act and implementing regulation at 45 CFR part 153, issuers of qualified health plans (QHPs) must participate in a risk corridors program. A QHP issuer will pay risk corridors charges or be eligible to receive risk corridors payments or based on the ratio of the issuer's allowable costs to the target amount. A final rule (Standards Related to Reinsurance, Risk Corridors and Risk Adjustment) implementing the risk corridors program was published on March 23, 2012 (77 FR 17220), which added part 153 to title 45 of the Code of Federal Regulations. Final rules (2014, 2015, and 2016 Payment Notices) outlining the risk corridors benefit and payment parameters for the 2014, 2015, and 2016 benefit years were published on March 11, 2013 (78 FR 15410), March 11, 2014 (79 FR 13744), and February 27, 2015 (80 FR 10750), respectively. Additionally, on October 30, 2013, HHS published the Second Final Program Integrity rule (78 FR 65076) to align the risk corridors program with the requirements of the single risk pool provision at 45 CFR 156.80. The risk corridors data collection applies to QHP issuers the individual and small group markets. Each QHP issuer is required to submit an annual report to CMS concerning the issuer's allowable costs, allowable administrative costs, premium, and proportion of market premium in QHPs. Risk corridors premium information that is specific to an issuer's QHPs is collected through a separate data reporting form. The risk corridors plan-level reporting form, and instructions for completing the form were published as part of the information collection approved under OMB control number 0938-1164. In Sec. Sec. 153.530 and 153.540 we set forth a data validation process for risk corridors data submissions. The information collection burden associated with the risk corridors data validation process is accounted for in the ``Supporting Statement for Paperwork Reduction Act Submissions: Standards Related to Reinsurance, Risk Corridors, Risk Adjustment, and Appeals'' approved under OMB control number 0938-1155. Based on CMS's identification of more significant data discrepancies than previously anticipated, we are requesting an emergency revision to the risk corridors data validation information collection requirement. We are requiring all companies with QHP issuers to complete a checklist to attest that their submission complied with critical guidelines for risk corridors and MLR data submission. For companies with issuers whose reported claims or premium amounts for risk corridors and MLR differ from data collected for other premium stabilization programs by a greater magnitude than expected, CMS is requiring that issuers quantify these differences, and provide a written explanation of the magnitude of the discrepancy. We require these descriptions to be approved by an actuary. The MLR Risk Corridors Submission Checklist and the Risk Corridors Data Discrepancy Worksheet will be submitted via web form at the company level, such that a company will submit one checklist and one discrepancy worksheet that includes information for all of its applicable issuers. As a result of this new requirement, we are updating our annual burden hour estimates to reflect the actual numbers of risk corridors submissions received by QHP issuers and the increased annual burden hours associated with submitting additional data validation information to CMS. Form Number: CMS-10401 (OMB control number: 0938-1155); Frequency: Annual; Affected Public: Health insurance companies that issued qualified health plans; Number of Respondents: 250; Total Annual Responses: 250; Total Annual Hours: 2,040. (For policy questions regarding this collection contact Jaya Ghildiyal at 301-492-5149). We are requesting OMB review and approval of this collection by September 4, 2015, with a 180-day approval period. Written comments and recommendations will be considered from the public if received by the date and address noted above. Dated: August 26, 2015. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2015-21476 Filed 8-27-15; 4:15 pm] BILLING CODE 4120-01-P
![52478 Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices
achieved by Hospira, and advice and DEPARTMENT OF HEALTH AND more detail than CMS has previously
training from knowledgeable employees HUMAN SERVICES anticipated. While conducting program
of the parties. integrity reviews of submitted data,
Centers for Medicare & Medicaid CMS has identified a number of
The purpose of this analysis is to
Services significant discrepancies in the 2014
facilitate public comment on the
[Document Identifiers: CMS–10401] benefit year submissions that issuers
proposed Consent Agreement, and it is
made for MLR and risk corridors on July
not intended to constitute an official
Emergency Clearance: Public 31, 2015. CMS also identified a number
interpretation of the proposed Order or of common errors that may lead to
Information Collection Requirements
to modify its terms in any way. submissions that do not comply with
Submitted to the Office of Management
By direction of the Commission. and Budget (OMB) CMS regulations and guidance. In order
Donald S. Clark, to resolve these potential discrepancies,
AGENCY: Centers for Medicare & ensure all submissions comply with
Secretary. Medicaid Services.
[FR Doc. 2015–21513 Filed 8–28–15; 8:45 am]
applicable guidance, and operate the
ACTION: Notice. MLR and risk corridors program
BILLING CODE 6750–01–P
SUMMARY: The Centers for Medicare & accurately and effectively, CMS needs
Medicaid Services (CMS) is announcing additional information to explain the
an opportunity for the public to data found in issuers’ underlying MLR
comment on CMS’ intention to collect and risk corridors submissions. Without
GULF COAST ECOSYSTEM this additional information, CMS will be
RESTORATION COUNCIL information from the public. Under the
Paperwork Reduction Act of 1995 (the unable to verify the accuracy of the
PRA), federal agencies are required to submission and validate the data
[Docket No.: 108002015–1111–07] needed to operate the MLR or risk
publish notice in the Federal Register
concerning each proposed collection of corridors programs.
Notice of Standard Terms and
information. Interested persons are DATES: Comments must be received by
Conditions for Council Grants September 3, 2015.
invited to send comments regarding our
AGENCY: Gulf Coast Ecosystem burden estimates or any other aspect of ADDRESSES: When commenting, please
this collection of information, including reference the document identifier or
Restoration Council.
any of the following subjects: (1) The OMB control number. To be assured
ACTION: Notice. necessity and utility of the proposed consideration, comments and
information collection for the proper recommendations must be submitted in
SUMMARY: The Gulf Coast Ecosystem performance of the agency’s functions; any one of the following ways:
Restoration Council (Council) has (2) the accuracy of the estimated 1. Electronically. You may send your
established Financial Assistance burden; (3) ways to enhance the quality, comments electronically to http://
Standard Terms and Conditions (STCs) utility, and clarity of the information to www.regulations.gov. Follow the
that will apply to all grants awarded by be collected; and (4) the use of instructions for ‘‘Comment or
the Council. automated collection techniques or Submission’’ or ‘‘More Search Options’’
other forms of information technology to to find the information collection
DATES: The STCs are effective on August minimize the information collection document(s) that are accepting
31, 2015. burden. comments.
We are, however, requesting an 2. By regular mail. You may mail
FOR FURTHER INFORMATION CONTACT:
emergency review of the information written comments to the following
Kristin Smith, Council staff, telephone
collection referenced below. In address: CMS, Office of Strategic
number: 504–444–3558. compliance with the requirement of Operations and Regulatory Affairs,
SUPPLEMENTARY INFORMATION: The section 3506(c)(2)(A) of the Paperwork Division of Regulations Development,
Council is authorized to award grants Reduction Act of 1995, we have Attention: CMS–10401/OMB Control
pursuant to the Council-Selected submitted to the Office of Management Number 0938–1155, Room C4–26–05,
Restoration and Spill Impact and Budget (OMB) the following 7500 Security Boulevard, Baltimore,
Components of the Resources and requirements for emergency review. Maryland 21244–1850.
Ecosystems Sustainability, Tourist This is necessary to ensure compliance To obtain copies of a supporting
Opportunities, and Revived Economies with an initiative of the Administration. statement and any related forms for the
of the Gulf Coast States Act of 2012 We are requesting an emergency review proposed collection(s) summarized in
(RESTORE Act), 33 U.S.C. 1321(t)(2) under 5 CFR 1320.13(a)(2)(i) because this notice, you may make your request
and 1321(t)(3). The Council has public harm is reasonably likely to using one of following:
result if the normal clearance 1. Access CMS’ Web site address at
established STCs that will apply to and
procedures are followed. We are seeking http://www.cms.hhs.gov/
be incorporated into all grants awarded
emergency approval for modifications to PaperworkReductionActof1995.
by the Council under the RESTORE Act. the information collection request (ICR)
The electronic version of the STCs can 2. Email your request, including your
currently approved under Office of address, phone number, OMB number,
be viewed and downloaded at Management and Budget (OMB) control
www.restorethegulf.gov/resources/foia- and CMS document identifier, to
number 0938–1155. CMS seeks an Paperwork@cms.hhs.gov.
library-council-documents.
tkelley on DSK3SPTVN1PROD with NOTICES
emergency revision to the ICR approved 3. Call the Reports Clearance Office at
Will D. Spoon, under 0938–1155 to collect additional (410) 786–1326.
information from health insurance
Program Analyst, Gulf Coast Ecosystem FOR FURTHER INFORMATION CONTACT:
Restoration Council.
companies as part of the MLR and risk
corridors programs. This ICR is Reports Clearance Office at (410) 786–
[FR Doc. 2015–21417 Filed 8–28–15; 8:45 am]
necessary to validate data that issuers 1326.
BILLING CODE P have previously submitted to CMS in SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices 52479
Contents respectively. Additionally, on October associated with submitting additional
This notice sets out a summary of the 30, 2013, HHS published the Second data validation information to CMS.
use and burden associated with the Final Program Integrity rule (78 FR Form Number: CMS–10401 (OMB
following information collections. More 65076) to align the risk corridors control number: 0938–1155); Frequency:
detailed information can be found in program with the requirements of the Annual; Affected Public: Health
single risk pool provision at 45 CFR insurance companies that issued
each collection’s supporting statement
156.80. The risk corridors data qualified health plans; Number of
and associated materials (see
collection applies to QHP issuers the Respondents: 250; Total Annual
ADDRESSES).
individual and small group markets. Responses: 250; Total Annual Hours:
CMS–10401 Standards Related to Each QHP issuer is required to submit 2,040. (For policy questions regarding
Reinsurance, Risk Corridors, and Risk an annual report to CMS concerning the this collection contact Jaya Ghildiyal at
Adjustment issuer’s allowable costs, allowable 301–492–5149).
Under the PRA (44 U.S.C. 3501– administrative costs, premium, and We are requesting OMB review and
3520), federal agencies must obtain proportion of market premium in QHPs. approval of this collection by September
approval from the Office of Management Risk corridors premium information 4, 2015, with a 180-day approval period.
that is specific to an issuer’s QHPs is Written comments and
and Budget (OMB) for each collection of
collected through a separate data recommendations will be considered
information they conduct or sponsor.
reporting form. from the public if received by the date
The term ‘‘collection of information’’ is The risk corridors plan-level reporting
defined in 44 U.S.C. 3502(3) and 5 CFR and address noted above.
form, and instructions for completing
1320.3(c) and includes agency requests Dated: August 26, 2015.
the form were published as part of the
or requirements that members of the information collection approved under William N. Parham, III,
public submit reports, keep records, or OMB control number 0938–1164. In Director, Paperwork Reduction Staff, Office
provide information to a third party. In §§ 153.530 and 153.540 we set forth a of Strategic Operations and Regulatory
compliance with the requirement of Affairs.
data validation process for risk corridors
section 3506(c)(2)(A) of the Paperwork data submissions. The information [FR Doc. 2015–21476 Filed 8–27–15; 4:15 pm]
Reduction Act of 1995, we have collection burden associated with the BILLING CODE 4120–01–P
submitted to the Office of Management risk corridors data validation process is
and Budget (OMB) the following accounted for in the ‘‘Supporting
requirements for emergency review. Statement for Paperwork Reduction Act DEPARTMENT OF HEALTH AND
This is necessary to ensure compliance Submissions: Standards Related to HUMAN SERVICES
with an initiative of the Administration. Reinsurance, Risk Corridors, Risk
We are requesting an emergency review Office of the Secretary
Adjustment, and Appeals’’ approved
under 5 CFR 1320.13(a)(2)(i) because under OMB control number 0938–1155.
public harm is reasonably likely to Findings of Research Misconduct
Based on CMS’s identification of more
result if the normal clearance significant data discrepancies than AGENCY: Office of the Secretary, HHS.
procedures are followed. previously anticipated, we are ACTION: Notice.
Information Collection requesting an emergency revision to the
risk corridors data validation SUMMARY: Notice is hereby given that
1. Type of Information Collection information collection requirement. We the Office of Research Integrity (ORI)
Request: Revision of a currently are requiring all companies with QHP has taken final action in the following
approved information collection; Title issuers to complete a checklist to attest case:
of Information Collection: Standards that their submission complied with Peter Littlefield, University of
Related to Reinsurance, Risk Corridors, critical guidelines for risk corridors and California, San Francisco: Based on an
and Risk Adjustment; Use: Under MLR data submission. For companies assessment conducted by the University
Section 1342 of the Patient Protection with issuers whose reported claims or of California, San Francisco (UCSF), the
and Affordable Care Act and premium amounts for risk corridors and Respondent’s admission, and analysis
implementing regulation at 45 CFR part MLR differ from data collected for other conducted by ORI, ORI and UCSF found
153, issuers of qualified health plans premium stabilization programs by a that Mr. Peter Littlefield, Graduate
(QHPs) must participate in a risk greater magnitude than expected, CMS Student on a leave of absence from the
corridors program. A QHP issuer will is requiring that issuers quantify these Tetrad Graduate Program, UCSF,
pay risk corridors charges or be eligible differences, and provide a written engaged in research misconduct in
to receive risk corridors payments or explanation of the magnitude of the research supported by National Institute
based on the ratio of the issuer’s discrepancy. We require these of General Medical Sciences (NIGMS),
allowable costs to the target amount. A descriptions to be approved by an National Institutes of Health (NIH),
final rule (Standards Related to actuary. The MLR Risk Corridors training grant T32 GM007810 and grant
Reinsurance, Risk Corridors and Risk Submission Checklist and the Risk R01 GM109176.
Adjustment) implementing the risk Corridors Data Discrepancy Worksheet ORI found that the Respondent
corridors program was published on will be submitted via web form at the engaged in research misconduct by
March 23, 2012 (77 FR 17220), which company level, such that a company falsifying and/or fabricating data in the
added part 153 to title 45 of the Code will submit one checklist and one following two (2) publications:
of Federal Regulations. Final rules discrepancy worksheet that includes • Science Signaling 7:ra114, 2014
tkelley on DSK3SPTVN1PROD with NOTICES
(2014, 2015, and 2016 Payment Notices) information for all of its applicable (hereafter referred to as ‘‘Paper 1’’)
outlining the risk corridors benefit and issuers. As a result of this new • Chemistry & Biology 21:453–458,
payment parameters for the 2014, 2015, requirement, we are updating our 2014 (hereafter referred to as ‘‘Paper
and 2016 benefit years were published annual burden hour estimates to reflect 2’’)
on March 11, 2013 (78 FR 15410), the actual numbers of risk corridors ORI found that Respondent
March 11, 2014 (79 FR 13744), and submissions received by QHP issuers knowingly falsified and/or fabricated
February 27, 2015 (80 FR 10750), and the increased annual burden hours data and related text by altering the
VerDate Sep<11>2014 16:19 Aug 28, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1](https://thefederalregister.org/doc/80_FR_52646/page/2.svg)
Document Created: 2018-02-23 11:04:18
Document Modified: 2018-02-23 11:04:18
| 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 | Notices | |
| Action | Notice. | |
| Dates | Comments must be received by September 3, 2015. | |
| Contact | Reports Clearance Office at (410) 786- 1326. | |
| FR Citation | 80 FR 52478 |
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