81_FR_33358 81 FR 33257 - Agency Information Collection Activities: Submission for OMB Review; Comment Request

81 FR 33257 - Agency Information Collection Activities: Submission for OMB Review; Comment Request

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

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33257-33258
FR Document2016-12085

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 (PRA), federal agencies are required to publish a 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 a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the 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 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 81 Issue 101 (Wednesday, May 25, 2016)
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Notices]
[Pages 33257-33258]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12085]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10418]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

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 (PRA), federal agencies are required to publish a 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 a second opportunity 
for public comment on the notice. Interested persons are invited to 
send comments regarding the 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 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 on the collection(s) of information must be received by 
the OMB desk officer by June 24, 2016.

ADDRESSES: When commenting on the proposed information collections, 
please reference the document identifier or OMB control number. To be 
assured consideration, comments and

[[Page 33258]]

recommendations must be received by the OMB desk officer via one of the 
following transmissions:

OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-5806 or Email: 
OIRA_[email protected]

    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: Under the Paperwork Reduction Act of 1995 
(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 (44 U.S.C. 3506(c)(2)(A)) requires 
federal agencies to publish a 30-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 requirement, CMS is publishing this notice that 
summarizes the following proposed collection(s) of information for 
public comment:
    1. Type of Information Collection Request: Revision of currently 
approved collection; Title of Information Collection: Annual Medical 
Loss Ratio (MLR) and Rebate Calculation Report and MLR Rebate Notices: 
Use: Under section 2718 of the Affordable Care Act and implementing 
regulation at 45 CFR part 158, a health insurance issuer (issuer) 
offering group or individual health insurance coverage must submit a 
report to the Secretary concerning the amount the issuer spends each 
year on claims, quality improvement expenses, non-claims costs, Federal 
and State taxes and licensing and regulatory fees, the amount of earned 
premium, and beginning with the 2014 reporting year, the amounts 
related to the reinsurance, risk corridors, and risk adjustment 
programs established under sections 1341, 1342, and 1343, respectively, 
of the Affordable Care Act. An issuer must provide an annual rebate if 
the amount it spends on certain costs compared to its premium revenue 
(excluding Federal and States taxes and licensing and regulatory fees) 
does not meet a certain ratio, referred to as the medical loss ratio 
(MLR). Each issuer is required to submit annually MLR data, including 
information about any rebates it must provide, on a form prescribed by 
CMS, for each State in which the issuer conducts business. Each issuer 
is also required to provide a rebate notice to each policyholder that 
is owed a rebate and each subscriber of policyholders that are owed a 
rebate for any given MLR reporting year. Additionally, each issuer is 
required to maintain for a period of seven years all documents, records 
and other evidence that support the data included in each issuer's 
annual report to the Secretary.
    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 payments based on the ratio of the issuer's allowable costs to 
the target amount. 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 plan-level data form, 
which is included in this information collection.
    CMS received a total of 3 public comments on a number of specific 
issues regarding the notice of the revised MLR PRA package. CMS has 
taken into consideration all of the comments and has modified the 
information collection instruments and instructions (the 2015 MLR 
Annual Reporting Form and Instructions and the 2015 Risk Corridors 
Plan-Level Data Form and Instructions) in order to correct minor errors 
and to provide additional clarifications. Form Number: CMS-10418 (OMB 
control number: 0938-1164); Frequency: Annually; Affected Public: 
Private Sector (Business or other for-profits and not-for-profit 
institutions); Number of Respondents: 538; Number of Responses: 2,818; 
Total Annual Hours: 235,148. (For policy questions regarding this 
collection contact Christina Whitefield at (301) 492-4172.)

    Dated: May 18, 2016.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2016-12085 Filed 5-24-16; 8:45 am]
 BILLING CODE 4120-01-P



                                                                               Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Notices                                                  33257

                                                  above-noted motor vehicle dealers. This                    Because your comment will be made                    The FTC Act and other laws that the
                                                  resulted in an estimate of 248 motor                    public, you are solely responsible for                Commission administers permit the
                                                  vehicle dealers subject to the FTC’s                    making sure that your comment does                    collection of public comments to
                                                  jurisdiction. After deducting the latter                not include any sensitive personal                    consider and use in this proceeding as
                                                  figure from the total of 750 respondents,               information, such as a Social Security                appropriate. The Commission will
                                                  502 respondents were left to divide                     number, date of birth, driver’s license               consider all timely and responsive
                                                  50:50 between the agencies. With                        number or other state identification                  public comments that it receives on or
                                                  rounding, the FTC apportioned 251 of                    number or foreign country equivalent,                 before July 25, 2016. You can find more
                                                  those respondents to its burden                         passport number, financial account                    information, including routine uses
                                                  estimates; adding to that the estimated                 number, or credit or debit card number.               permitted by the Privacy Act, in the
                                                  total of 248 motor vehicle dealers                      You are also solely responsible for                   Commission’s privacy policy, at http://
                                                  resulted in 499 respondents for the FTC.                making sure that your comment does                    www.ftc.gov/ftc/privacy.htm.
                                                                                                          not include any sensitive health                      David C. Shonka,
                                                  B. FTC Share of Burden Hours: 998
                                                                                                          information, such as medical records or
                                                  Hours                                                                                                         Acting General Counsel.
                                                                                                          other individually identifiable health
                                                    Staff assumed that respondents will                                                                         [FR Doc. 2016–12330 Filed 5–24–16; 8:45 am]
                                                                                                          information. In addition, do not include
                                                  each spend approximately 2 hours to                                                                           BILLING CODE 6750–01–P
                                                                                                          any ‘‘[t]rade secret or any commercial or
                                                  monitor compliance with the Rule.                       financial information which is . . .
                                                  Thus, 499 respondents for the FTC                       privileged or confidential,’’ as discussed
                                                  multiplied by the two hour estimate per                 in Section 6(f) of the FTC Act, 15 U.S.C.             DEPARTMENT OF HEALTH AND
                                                  respondent resulted in 998 burden                       46(f), and FTC Rule 4.10(a)(2), 16 CFR                HUMAN SERVICES
                                                  hours apportioned to the FTC.                           4.10(a)(2). In particular, do not include
                                                                                                                                                                Centers for Medicare & Medicaid
                                                  C. FTC Share of Labor Costs: $249,500                   competitively sensitive information
                                                                                                                                                                Services
                                                                                                          such as costs, sales statistics,
                                                    Staff assumed that in-house legal                     inventories, formulas, patterns, devices,             [Document Identifier: CMS–10418]
                                                  counsel for respondents would handle                    manufacturing processes, or customer
                                                  most of the compliance review, and at                   names.                                                Agency Information Collection
                                                  an estimated average hourly wage of                        If you want the Commission to give                 Activities: Submission for OMB
                                                  $250 per hour.                                          your comment confidential treatment,                  Review; Comment Request
                                                  D. Capital/Non-Labor Costs: $0                          you must file it in paper form, with a                ACTION:   Notice.
                                                                                                          request for confidential treatment, and
                                                    Assumption: Capital and other                         you must follow the procedure                         SUMMARY:    The Centers for Medicare &
                                                  nonlabor costs should be minimal, at                    explained in FTC Rule 4.9(c), 16 CFR                  Medicaid Services (CMS) is announcing
                                                  most, since the Rule has been in effect                 4.9(c). Your comment will be kept                     an opportunity for the public to
                                                  several years, with covered entities now                confidential only if the FTC General                  comment on CMS’ intention to collect
                                                  equipped to provide the required notice.                Counsel, in his or her sole discretion,               information from the public. Under the
                                                    Based on staff’s review of industry                   grants your request in accordance with                Paperwork Reduction Act of 1995
                                                  data and its experience in this area, we                the law and the public interest. Postal               (PRA), federal agencies are required to
                                                  have no information to suggest that                     mail addressed to the Commission is                   publish a notice in the Federal Register
                                                  these figures are not still valid.                      subject to delay due to heightened                    concerning each proposed collection of
                                                  Request for Comments                                    security screening. As a result, the                  information, including each proposed
                                                                                                          Commission encourages you to submit                   extension or reinstatement of an existing
                                                     You can file a comment online or on                                                                        collection of information, and to allow
                                                                                                          your comments online. To make sure
                                                  paper. Write ‘‘Prescreen Opt-Out                                                                              a second opportunity for public
                                                                                                          that the Commission considers your
                                                  Disclosure Rule: FTC File No. P075417’’                                                                       comment on the notice. Interested
                                                                                                          online comment, you must file it at
                                                  on your comment. Your comment—                                                                                persons are invited to send comments
                                                                                                          https://ftcpublic.commentworks.com/
                                                  including your name and your state—                                                                           regarding the burden estimate or any
                                                                                                          ftc/prescreenoptoutpra by following the
                                                  will be placed on the public record of                                                                        other aspect of this collection of
                                                                                                          instructions on the web-based form. If
                                                  this proceeding, including, to the extent                                                                     information, including any of the
                                                                                                          this Notice appears at http://
                                                  practicable, on the public Commission                                                                         following subjects: (1) the necessity and
                                                                                                          www.regulations.gov, you also may file
                                                  Web site, at http://www.ftc.gov/os/                                                                           utility of the proposed information
                                                                                                          a comment through that Web site.
                                                  publiccomments.shtm. As a matter of                                                                           collection for the proper performance of
                                                  discretion, the Commission tries to                        If you file your comment on paper,
                                                                                                          write ‘‘Prescreen Opt-Out Disclosure                  the agency’s functions; (2) the accuracy
                                                  remove individuals’ home contact                                                                              of the estimated burden; (3) ways to
                                                  information from comments before                        Rule: FTC File No. P075417’’ on your
                                                                                                          comment and on the envelope, and mail                 enhance the quality, utility, and clarity
                                                  placing them on the Commission Web                                                                            of the information to be collected; and
                                                  site.                                                   it to the following address: Federal
                                                                                                          Trade Commission, Office of the                       (4) the use of automated collection
                                                                                                          Secretary, 600 Pennsylvania Avenue                    techniques or other forms of information
                                                  estimated number of car dealers—62,750 (based on
                                                  industry data for the number of franchise/new car       NW., Suite CC–5610, (Annex J),                        technology to minimize the information
                                                  and independent/used car dealers) by 199,500            Washington, DC 20580, or deliver your                 collection burden.
                                                  (Commission staff’s PRA estimate of the number of       comment to the following address:                     DATES: Comments on the collection(s) of
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                                                  entities that extend credit to consumers subject to                                                           information must be received by the
                                                  FTC jurisdiction under the FCRA, pre-Dodd-Frank,
                                                                                                          Federal Trade Commission, Office of the
                                                  for the Risk-Based Pricing regulations, as detailed     Secretary, Constitution Center, 400 7th               OMB desk officer by June 24, 2016.
                                                  at 75 FR 2724, 2748 n.18 (Jan. 15, 2010)). This came    Street SW., 5th Floor, Suite 5610,                    ADDRESSES: When commenting on the
                                                  out to 31%. Staff increased this amount to 33% to       (Annex J), Washington, DC 20024. If                   proposed information collections,
                                                  account for other motor vehicle dealer types
                                                  (motorbikes, boats, other recreational) also covered
                                                                                                          possible, submit your paper comment to                please reference the document identifier
                                                  within the definition of ‘‘motor vehicle dealer’’       the Commission by courier or overnight                or OMB control number. To be assured
                                                  under section 1029(a) of the Dodd-Frank Act.            service.                                              consideration, comments and


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                                                  33258                       Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Notices

                                                  recommendations must be received by                     the amount of earned premium, and                     contact Christina Whitefield at (301)
                                                  the OMB desk officer via one of the                     beginning with the 2014 reporting year,               492–4172.)
                                                  following transmissions:                                the amounts related to the reinsurance,                  Dated: May 18, 2016.
                                                  OMB, Office of Information and                          risk corridors, and risk adjustment                   William N. Parham, III,
                                                    Regulatory Affairs, Attention: CMS                    programs established under sections
                                                                                                                                                                Director, Paperwork Reduction Staff, Office
                                                    Desk Officer, Fax Number: (202) 395–                  1341, 1342, and 1343, respectively, of                of Strategic Operations and Regulatory
                                                    5806 or Email: OIRA_                                  the Affordable Care Act. An issuer must               Affairs.
                                                    omb.eop.gov                                           provide an annual rebate if the amount
                                                                                                                                                                [FR Doc. 2016–12085 Filed 5–24–16; 8:45 am]
                                                                                                          it spends on certain costs compared to
                                                    To obtain copies of a supporting                      its premium revenue (excluding Federal                BILLING CODE 4120–01–P
                                                  statement and any related forms for the                 and States taxes and licensing and
                                                  proposed collection(s) summarized in                    regulatory fees) does not meet a certain
                                                  this notice, you may make your request                                                                        DEPARTMENT OF HEALTH AND
                                                                                                          ratio, referred to as the medical loss                HUMAN SERVICES
                                                  using one of following:                                 ratio (MLR). Each issuer is required to
                                                    1. Access CMS’ Web site address at                    submit annually MLR data, including                   Health Resources and Services
                                                  http://www.cms.hhs.gov/                                 information about any rebates it must                 Administration
                                                  PaperworkReductionActof1995.                            provide, on a form prescribed by CMS,
                                                    2. Email your request, including your                 for each State in which the issuer                    Ryan White HIV/AIDS Program Part C
                                                  address, phone number, OMB number,                      conducts business. Each issuer is also                HIV Early Intervention Services
                                                  and CMS document identifier, to                         required to provide a rebate notice to                Program Existing Geographic Service
                                                  Paperwork@cms.hhs.gov.                                  each policyholder that is owed a rebate               Area
                                                    3. Call the Reports Clearance Office at               and each subscriber of policyholders
                                                  (410) 786–1326.                                         that are owed a rebate for any given                  AGENCY:  Health Resources and Services
                                                  FOR FURTHER INFORMATION CONTACT:                        MLR reporting year. Additionally, each                Administration, HHS.
                                                  Reports Clearance Office at (410) 786–                  issuer is required to maintain for a                  ACTION: Notice of Class Deviation from
                                                  1326.                                                   period of seven years all documents,                  Competition Requirements for Ryan
                                                                                                          records and other evidence that support               White HIV/AIDS Program (RWHAP)
                                                  SUPPLEMENTARY INFORMATION:     Under the                                                                      Part C HIV Early Intervention Services
                                                                                                          the data included in each issuer’s
                                                  Paperwork Reduction Act of 1995 (PRA)                                                                         Program Existing Geographic Service
                                                                                                          annual report to the Secretary.
                                                  (44 U.S.C. 3501–3520), federal agencies                    Under section 1342 of the Patient                  Area (EISEGA).
                                                  must obtain approval from the Office of                 Protection and Affordable Care Act and
                                                  Management and Budget (OMB) for each                    implementing regulation at 45 CFR part                SUMMARY:   The HIV/AIDS Bureau (HAB)
                                                  collection of information they conduct                  153, issuers of qualified health plans                is requesting a class deviation from the
                                                  or sponsor. The term ‘‘collection of                    (QHPs) must participate in a risk                     competition requirements in order to
                                                  information’’ is defined in 44 U.S.C.                   corridors program. A QHP issuer will                  provide one-year extensions with funds
                                                  3502(3) and 5 CFR 1320.3(c) and                         pay risk corridors charges or be eligible             to 346 Ryan White HIV/AIDS Program
                                                  includes agency requests or                             to receive payments based on the ratio                (RWHAP) Part C HIV Early Intervention
                                                  requirements that members of the public                 of the issuer’s allowable costs to the                Services Program Existing Geographic
                                                  submit reports, keep records, or provide                target amount. Each QHP issuer is                     Service Area (EISEGA) recipients. The
                                                  information to a third party. Section                   required to submit an annual report to                purpose of the Part C EISEGA program
                                                  3506(c)(2)(A) of the PRA (44 U.S.C.                     CMS concerning the issuer’s allowable                 is to provide HIV primary care in the
                                                  3506(c)(2)(A)) requires federal agencies                costs, allowable administrative costs,                outpatient setting to targeted low
                                                  to publish a 30-day notice in the                       premium, and proportion of market                     income, underinsured people living
                                                  Federal Register concerning each                        premium in QHPs. Risk corridors                       with HIV. HAB is finalizing an
                                                  proposed collection of information,                     premium information that is specific to               evaluation of the Part C EISEGA
                                                  including each proposed extension or                    an issuer’s QHPs is collected through a               program and development of a new
                                                  reinstatement of an existing collection                 separate plan-level data form, which is               data-driven methodology. This
                                                  of information, before submitting the                   included in this information collection.              methodology is aimed at ensuring that
                                                  collection to OMB for approval. To                         CMS received a total of 3 public                   awards are based on a consistent
                                                  comply with this requirement, CMS is                    comments on a number of specific                      approach to promote a rational and
                                                  publishing this notice that summarizes                  issues regarding the notice of the                    sustainable allocation of resources while
                                                  the following proposed collection(s) of                 revised MLR PRA package. CMS has                      ensuring responsiveness to geographic
                                                  information for public comment:                         taken into consideration all of the                   and healthcare financing considerations,
                                                     1. Type of Information Collection                    comments and has modified the                         indicators of need, and results along the
                                                  Request: Revision of currently approved                 information collection instruments and                HIV care continuum. HAB expects to re-
                                                  collection; Title of Information                        instructions (the 2015 MLR Annual                     compete the entire program in fiscal
                                                  Collection: Annual Medical Loss Ratio                   Reporting Form and Instructions and                   year (FY) 2018. One-year extensions
                                                  (MLR) and Rebate Calculation Report                     the 2015 Risk Corridors Plan-Level Data               with funds for all 346 Part C EISEGA
                                                  and MLR Rebate Notices: Use: Under                      Form and Instructions) in order to                    recipients enables HAB to finalize the
                                                  section 2718 of the Affordable Care Act                 correct minor errors and to provide                   evaluation and methodology
                                                  and implementing regulation at 45 CFR                   additional clarifications. Form Number:               development and engage recipients and
                                                  part 158, a health insurance issuer                     CMS–10418 (OMB control number:                        relevant stakeholders with regard to this
mstockstill on DSK3G9T082PROD with NOTICES




                                                  (issuer) offering group or individual                   0938–1164); Frequency: Annually;                      new approach prior to implementation
                                                  health insurance coverage must submit                   Affected Public: Private Sector (Business             and without disrupting the provision of
                                                  a report to the Secretary concerning the                or other for-profits and not-for-profit               critical HIV primary medical care
                                                  amount the issuer spends each year on                   institutions); Number of Respondents:                 services to the current RWHAP clients
                                                  claims, quality improvement expenses,                   538; Number of Responses: 2,818; Total                served by these recipients. Pending the
                                                  non-claims costs, Federal and State                     Annual Hours: 235,148. (For policy                    availability of funds, the amount of each
                                                  taxes and licensing and regulatory fees,                questions regarding this collection                   FY 2017 award will be based on a


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Document Created: 2018-02-07 15:03:18
Document Modified: 2018-02-07 15:03:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments on the collection(s) of information must be received by the OMB desk officer by June 24, 2016.
ContactReports Clearance Office at (410) 786- 1326.
FR Citation81 FR 33257 

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