80 FR 75463 - Agency Information Collection Activities: Proposed Collection; Comment Request

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 80, Issue 231 (December 2, 2015)

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.

[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Notices]
[Pages 75463-75465]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30534]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier CMS-10430, CMS-10593, CMS-10592, CMS-10440]


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 1, 2016.

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: 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-10430 Information Collection Requirements for Compliance With 
Individual and Group Market Reforms Under Title XXVII of the Public 
Health Service Act

CMS-10593 Establishment of an Exchange by a State and Qualified Health 
Plans

CMS-10592 Establishment of Exchanges and Qualified Health Plans; 
Exchange Standards for Employers

CMS-10440 Data Collection To Support Eligibility Determinations for 
Insurance Affordability Programs and Enrollment Through Health Benefits 
Exchanges, Medicaid and Children's Health Insurance Program Agencies

    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. 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

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requirement, CMS is publishing this notice.

Information Collection

    1. Type of Information Collection Request: Revision of a currently 
approved information collection; Title of Information Collection: 
Information Collection Requirements for Compliance with Individual and 
Group Market Reforms under Title XXVII of the Public Health Service 
Act; Use: Sections 2723 and 2761 of the Public Health Service Act (PHS 
Act) direct the Centers for Medicare and Medicaid Services (CMS) to 
enforce a provision (or provisions) of title XXVII of the PHS Act 
(including the implementing regulations in parts 144, 146, 147, and 148 
of title 45 of the Code of Federal Regulations) with respect to health 
insurance issuers when a state has notified CMS that it has not enacted 
legislation to enforce or that it is not otherwise enforcing a 
provision (or provisions) of the group and individual market reforms 
with respect to health insurance issuers, or when CMS has determined 
that a state is not substantially enforcing one or more of those 
provisions. This collection of information includes requirements that 
are necessary for CMS to conduct compliance review activities. Form 
Number: CMS-10430 (OMB Control Number: 0938-0702); Frequency: Annually; 
Affected Public: Private sector, State or local governments; Number of 
Respondents: 983; Total Annual Responses: 100,759; Total Annual Hours: 
2,554.5. (For policy questions regarding this collection contact 
Russell Tipps at 301-492-4371.)
    2. Type of Information Collection Request: New collection (Request 
for a new OMB control number); Title of Information Collection: 
Establishment of an Exchange by a State and Qualified Health Plans; 
Use: The Patient Protection and Affordable Care Act, Public Law 111-
148, enacted on March 23, 2010, and the Health Care and Education 
Reconciliation Act, Public Law 111-152, enacted on March 30, 2010 
(collectively, ``Affordable Care Act''), expand access to health 
insurance for individuals and employees of small businesses through the 
establishment of new Affordable Insurance Exchanges (Exchanges), 
including the Small Business Health Options Program (SHOP). As directed 
by the rule Establishment of Exchanges and Qualified Health Plans; 
Exchange Standards for Employers (77 FR 18310) (Exchange rule), each 
Exchange will assume responsibilities related to the certification and 
offering of Qualified Health Plans (QHPs). To offer insurance through 
an Exchange, a health insurance issuer must have its health plans 
certified as QHPs by the Exchange. A QHP must meet certain minimum 
certification standards, such as network adequacy, inclusion of 
Essential Community Providers (ECPs), and non-discrimination. The 
Exchange is responsible for ensuring that QHPs meet these minimum 
certification standards as described in the Exchange rule under 45 CFR 
parts 155 and 156, based on the Affordable Care Act, as well as other 
standards determined by the Exchange. The reporting requirements and 
data collection in the Exchange rule address Federal requirements that 
various entities must meet with respect to the establishment and 
operation of an Exchange; minimum requirements that health insurance 
issuers must meet with respect to participation in a State based or 
Federally-facilitated Exchange; and requirements that employers must 
meet with respect to participation in the SHOP and compliance with 
other provisions of the Affordable Care Act. Form Number: CMS-10593 
(OMB Control Number: 0938-NEW); Frequency: Annually, Monthly; Affected 
Public: Private sector (Business or other for-profit); Number of 
Respondents: 20; Total Annual Responses: 400; Total Annual Hours: 
36,900. (For policy questions regarding this collection contact Christy 
Woods at 301-492-5140.)
    3. Type of Information Collection Request: New collection (Request 
for a new OMB control number); Title of Information Collection: 
Establishment of Exchanges and Qualified Health Plans; Exchange 
Standards for Employers; Use: Section 1321(a) requires HHS to issue 
regulations setting standards for meeting the requirements under Title 
I of the Affordable Care Act including the offering of qualified health 
plans through the Marketplaces. On March 27, 2012, HHS published the 
rule CMS-9989-F: Establishment of Exchanges and Qualified Health Plans; 
Exchange Standards for Employers. The Exchange rule contains provisions 
that mandate reporting and data collections necessary to ensure that 
health insurance issuers are meeting the requirements of the Affordable 
Care Act. These information collection requirements are set forth in 45 
CFR part 156. The data collection and reporting requirements will 
assist HHS in creating a seamless and coordinated system of eligibility 
and enrollment. The data collected by health insurance issuers will 
help to inform HHS, Marketplaces, and health insurance issuers as to 
the participation of individuals, employers, and employees in the 
individual Exchange. Form Number: CMS-10592 (OMB control number: 0938-
NEW); Frequency: Annually, Monthly, Occasionally; Affected Public: 
Private sector (Business or other for-profit); Number of Respondents: 
1,200; Total Annual Responses: 1,200; Total Annual Hours: 590,460. (For 
policy questions regarding this collection contact Beth Liu at 301-492-
4135.)
    4. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Data Collection 
to Support Eligibility Determinations for Insurance Affordability 
Programs and Enrollment through Health Benefits Exchanges, Medicaid and 
Children's Health Insurance Program Agencies; Use: Section 1413 of the 
Affordable Care Act directs the Secretary of Health and Human Services 
to develop and provide to each State a single, streamlined form that 
may be used to apply for coverage through the Exchange and Insurance 
Affordability Programs, including Medicaid, the Children's Health 
Insurance Program (CHIP), and the Basic Health Program, as applicable. 
The application must be structured to maximize an applicant's ability 
to complete the form satisfactorily, taking into account the 
characteristics of individuals who qualify for the programs. A State 
may develop and use its own single streamlined application if approved 
by the Secretary in accordance with section 1413 and if it meets the 
standards established by the Secretary.
    Section 155.405(a) of the Exchange Final Rule (77 FR 18310) 
provides more detail about the application that must be used by the 
Exchange to determine eligibility and to collect information necessary 
for enrollment. The regulations in Sec.  435.907 and Sec.  457.330 
establish the requirements for State Medicaid and CHIP agencies related 
to the use of the single streamlined application. We are designing the 
single streamlined application to be a dynamic electronic application 
that will tailor the amount of data required from an applicant based on 
the applicant's circumstances and responses to particular questions. 
The paper version of the application will not be able to be tailored in 
the same way but is being designed to collect only the data required to 
determine eligibility. Individuals will be able to submit an 
application electronically, through the mail, over the phone through a 
call center, or in person, per Sec.  155.405(c)(2) of the Exchange 
Final Rule, as well as through other commonly available electronic 
means as noted in Sec.  435.907(a) and Sec.  457.330 of the Medicaid 
Final Rule. The application

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may be submitted to an Exchange, Medicaid or CHIP agency. The 
electronic application process will vary depending on each applicant's 
circumstances, their experience with health insurance applications and 
online capabilities. The goal is to solicit sufficient information so 
that in most cases no further inquiry will be needed. Form Number: CMS-
10440 (OMB control number: 0938-1191); Frequency: Annually; Affected 
Public: Individuals and Households; Number of Respondents: 7,200,000; 
Total Annual Responses: 7,200,000; Total Annual Hours: 2,410,767. (For 
policy questions regarding this collection contact Beth Liu at 301-492-
4135.)

    Dated: November 27, 2015.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2015-30534 Filed 12-1-15; 8:45 am]
 BILLING CODE 4120-01-P