81_FR_57717 81 FR 57554 - Request for Information: Inappropriate Steering of Individuals Eligible for or Receiving Medicare and Medicaid Benefits to Individual Market Plans

81 FR 57554 - Request for Information: Inappropriate Steering of Individuals Eligible for or Receiving Medicare and Medicaid Benefits to Individual Market Plans

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

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range57554-57558
FR Document2016-20034

This request for information seeks public comment regarding concerns about health care providers and provider-affiliated organizations steering people eligible for or receiving Medicare and/or Medicaid benefits to an individual market plan for the purpose of obtaining higher payment rates. CMS is concerned about reports of this practice and is requesting comments on the frequency and impact of this issue from the public. We believe this practice not only could raise overall health system costs, but could potentially be harmful to patient care and service coordination because of changes to provider networks and drug formularies, result in higher out-of-pocket costs for enrollees, and have a negative impact on the individual market single risk pool (or the combined risk pool in states that have chosen to merge their risk pools). We are seeking input from stakeholders and the public regarding the frequency and impact of this practice, and options to limit this practice.

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Proposed Rules]
[Pages 57554-57558]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20034]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 402, 420, and, 455

[CMS-6074-NC]
RIN 0938-ZB31


Request for Information: Inappropriate Steering of Individuals 
Eligible for or Receiving Medicare and Medicaid Benefits to Individual 
Market Plans

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Request for information.

-----------------------------------------------------------------------

SUMMARY: This request for information seeks public comment regarding 
concerns about health care providers and provider-affiliated 
organizations steering people eligible for or receiving Medicare and/or 
Medicaid benefits to an individual market plan for the purpose of 
obtaining higher payment rates. CMS is concerned about reports of this 
practice and is requesting comments on the frequency and impact of this 
issue from the public. We believe this practice not only could raise 
overall health system costs, but could potentially be harmful to 
patient care and service coordination because of changes to provider 
networks and drug formularies, result in higher out-of-pocket costs for 
enrollees, and have a negative impact on the individual market single 
risk pool (or the combined risk pool in states that have chosen to 
merge their risk pools). We are seeking input from stakeholders and the 
public regarding the frequency and impact of this practice, and options 
to limit this practice.

DATES: To be assured consideration, comments must be received at one of 
the addresses provided below, no later than 5 p.m. on September 22, 
2016.

ADDRESSES: In commenting, refer to file code CMS-6074-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-6074-NC, P.O. Box 8010, 
Baltimore, MD 21244-8010.
    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-6074-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 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

[[Page 57555]]

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 information on viewing public comments, see the beginning of 
the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Morgan Burns, 301-492-4493.

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 
three 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.
    This is a request for information only. Respondents are encouraged 
to provide complete but concise responses to the questions listed in 
the sections outlined below. Please note that a response to every 
question is not required. This RFI is issued solely for information and 
planning purposes; it does not constitute a Request for Proposal, 
applications, proposal abstracts, or quotations. This RFI does not 
commit the Government to contract for any supplies or services or make 
a grant award. Further, CMS is not seeking proposals through this RFI 
and will not accept unsolicited proposals. Responders are advised that 
the U.S. Government will not pay for any information or administrative 
costs incurred in response to this RFI; all costs associated with 
responding to this RFI will be solely at the interested party's 
expense. Not responding to this RFI does not preclude participation in 
any future procurement, if conducted. It is the responsibility of the 
potential responders to monitor this RFI announcement for additional 
information pertaining to this request. Please note that CMS will not 
respond to questions about the policy issues raised in this RFI. CMS 
may or may not choose to contact individual responders. Such 
communications would only serve to further clarify written responses. 
Contractor support personnel may be used to review RFI responses. 
Responses to this notice are not offers and cannot be accepted by the 
Government to form a binding contract or issue a grant. Information 
obtained as a result of this RFI may be used by the Government for 
program planning on a non-attribution basis. Respondents should not 
include any information that might be considered proprietary or 
confidential. This RFI should not be construed as a commitment or 
authorization to incur cost for which reimbursement would be required 
or sought. All submissions become Government property and will not be 
returned. CMS may publically post the comments received, or a summary 
thereof.

I. Background

    The Centers for Medicare & Medicaid Services (CMS) believes that 
when health care providers or provider-affiliated organizations steer 
or influence people eligible for or receiving Medicare and/or Medicaid 
benefits, it may not be in the best interests of the individual, it may 
have deleterious effects on the insurance market, including disruptions 
to the individual market risk pool, and it is likely to raise overall 
healthcare costs. Individuals eligible for Medicare and/or Medicaid 
benefits are not required to enroll in these programs.\1\ However, 
individuals eligible for Medicaid or Medicare Part A benefits are 
generally ineligible for the premium tax credit (PTC), including 
advance payments thereof (APTC), and for cost-sharing reductions (CSR) 
for their Qualified Health Plan (QHP) coverage for the months they have 
access to minimum essential coverage (MEC) through the Medicare or 
Medicaid programs.\2\
---------------------------------------------------------------------------

    \1\ Individuals eligible to receive premium free Medicare Part A 
benefits may not decline Medicare Part A entitlement if they accept 
Social Security benefits.
    \2\ See 26 U.S.C. 36B. In general, an individual who is eligible 
for minimum essential coverage (other than coverage in the 
individual market) for a month is ineligible for the premium tax 
credit for that month. Medicare part A and most Medicaid programs 
are minimum essential coverage. See 26 U.S.C. 5000A(f) and 26 CFR 
1.5000A-2(b).
---------------------------------------------------------------------------

    We have heard anecdotal reports that individuals who are eligible 
for Medicare and/or Medicaid benefits are receiving premium and other 
cost-sharing assistance from a third party so that the individual can 
enroll in individual market plans for the provider's financial benefit. 
In some cases, a health care provider may estimate that the higher 
payment rate from an individual market plan compared to Medicare or 
Medicaid is sufficient to allow it to pay a patient's premiums and 
still financially gain from the higher reimbursement rates. Issuers are 
not required to accept such payments from health care providers or 
provider-affiliated organizations, as described below. Enrollment 
decisions should be made, without influence, by the individual based on 
their specific circumstances, and health and financial needs. CMS has 
established standards for enrollment assisters, including navigators, 
which prohibit gifts of any value as an inducement for enrollment, and 
require information and services to be provided in a fair, accurate, 
and impartial manner.\3\ Additionally, CMS has established standards 
for insurance agents and brokers that register with the Federal 
Marketplace, including training about the interaction of Medicare and 
Medicaid eligibility with eligibility for individual market plans and 
financial assistance, and has remedies for insurance agents that 
provide inaccurate or incorrect information to consumers, such as 
misinformation about the impact of not enrolling in Medicare when an 
individual first becomes eligible, including termination of the 
Marketplace agreement, civil monetary penalties, and denial of right to 
enter agreements in future years.\4\
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    \3\ 45 CFR 155.210.
    \4\ 45 CFR 155.220.
---------------------------------------------------------------------------

    We believe there is potential for financial harm to a consumer when 
a health care provider or provider-affiliated organization (including a 
non-profit organization affiliated with the provider) steers people who 
could receive or are receiving benefits under Medicare and/or Medicaid 
to enroll in an individual market plan. The potential harm is 
particularly acute when the steering occurs for the financial gain of 
the health care provider through higher payment rates

[[Page 57556]]

without taking into account the needs of these beneficiaries. People 
who are steered from Medicare and Medicaid to the individual market may 
also experience a disruption in the continuity and coordination of 
their care as a result of changes in access to their network of 
providers, changes in prescription drug benefits, and loss of dental 
care for certain Medicaid beneficiaries. If an individual receives the 
benefit of APTC for a month he or she is eligible for minimum essential 
coverage, the individual (or the person who claims the individual as a 
tax dependent) may be required to repay some or all of the APTC at the 
time such person files his or her federal income tax return. Moreover, 
it is unlawful to enroll an individual in individual market coverage if 
they are known to be entitled to benefits under Medicare Part A, 
enrolled in Medicare Part B, or receiving Medicaid benefits. 
Importantly, those eligible for Medicare may be subject to late 
enrollment penalties if they do not enroll in Medicare when first 
eligible to do so--a monthly premium for Part B may go up 10 percent 
for each full 12-month period an individual could have had Part B, but 
did not sign up for it.\5\ Individuals who become eligible for Medicare 
based on receipt of Social Security benefits based on age or Social 
Security Disability Insurance (SSDI) must forgo and if received repay 
their Social Security cash benefits if they wish to decline Medicare 
Part A benefits.\6\ Additionally, individuals who are steered into an 
individual market plan for renal dialysis services and then have a 
kidney transplant while enrolled in the individual market plan will not 
be eligible for Medicare Part B coverage of their immunosuppressant 
drugs if they enroll in Medicare at a later date.\7\
---------------------------------------------------------------------------

    \5\ https://www.medicare.gov/your-medicare-costs/part-b-costs/penalty/part-b-late-enrollment-penalty.html.
    \6\ https://www.cms.gov/Outreach-and-Education/Find-Your-Provider-Type/Employers-and-Unions/Top-5-things-you-need-to-know-about-Medicare-Enrollment.html.
    \7\ https://www.medicare.gov/coverage/prescription-drugs-outpatient.html.
---------------------------------------------------------------------------

    Federal regulations at 45 CFR 156.1250 require that issuers 
offering Qualified Health Plans (QHPs), including stand-alone dental 
plans, and their downstream entities, accept premium and cost-sharing 
payments on behalf of QHP enrollees from the following third-party 
entities (in the case of a downstream entity, to the extent the entity 
routinely collects premiums or cost sharing): (a) A Ryan White HIV/AIDS 
Program under title XXVI of the Public Health Service Act; (b) an 
Indian tribe, tribal organization, or urban Indian organization; and 
(c) a local, state, or Federal government program, including a grantee 
directed by a government program to make payments on its behalf.\8\ 
Issuers are not required to accept such payments from other entities. 
These regulations were finalized in the 2017 HHS Notice of Benefit and 
Payment Parameters Final Rule, which made several amendments to the 
regulations previously codified through a March 19, 2014, HHS Interim 
final rule (IFR) with comment period titled, Patient Protection and 
Affordable Care Act; Third Party Payment of Qualified Health Plan 
Premiums (79 FR 15240).
---------------------------------------------------------------------------

    \8\ 2017 HHS Payment Notice Final Rule.
---------------------------------------------------------------------------

    Prior to publishing the IFR, HHS issued two ``Frequently Asked 
Questions'' (FAQ) documents regarding premium and cost-sharing payments 
made by third parties on behalf of individual market plan enrollees. In 
an FAQ issued on November 4, 2013 (the November FAQ), HHS discouraged 
QHP issuers from accepting third-party payments made on behalf of 
enrollees by hospitals, other health care providers, and other 
commercial entities due to concerns that such practices could skew the 
insurance risk pool and create an unlevel field in the Exchanges. The 
FAQ also noted that HHS intended to monitor this practice and to take 
appropriate action, if necessary.
    On February 7, 2014, HHS issued another FAQ (the February FAQ) 
clarifying that the November FAQ did not apply to third party premium 
and cost-sharing payments made on behalf of enrollees by Indian tribes, 
tribal organizations, and urban Indian organizations; state and Federal 
government programs (such as the Ryan White HIV/AIDS Program); or 
private, not-for-profit foundations that base eligibility on financial 
status, do not consider enrollees' health status, and provide 
assistance for an entire year. In the February FAQ, HHS affirmatively 
encouraged QHP issuers to accept payments from Indian tribes, tribal 
organizations, and urban Indian organizations; and state and Federal 
government programs (such as the Ryan White HIV/AIDS Program) given 
that Federal or state law or policy specifically envisions third party 
payment of premium and cost-sharing amounts by these entities.
    CMS seeks to clarify that offering premium and cost-sharing 
assistance in order to steer people eligible for or receiving Medicare 
and/or Medicaid benefits to individual market plans for a provider's 
financial gain is an inappropriate action that may have negative 
impacts on patients. CMS is strongly encouraging any provider or 
provider-affiliated organization that may be currently engaged in such 
a practice to end the practice. As noted above, enrollment decisions 
should be made based on an individual's particular financial and health 
needs.
    As we assess the extent of potential steering activities, its 
impact on beneficiaries and enrollees and the individual market single 
risk pool, CMS reminds healthcare providers and other entities that may 
be engaged in such behavior that we have several regulatory and 
operational tools that we may use to discourage premium payments and 
routine waiver of cost-sharing for individual market plans by health 
care providers, including, but not limited to, revisions to Medicare 
and Medicaid provider conditions of participation and enrollment rules, 
and imposition of civil monetary penalties for individuals who failed 
to provide correct information to the Exchange when enrolling consumers 
into QHPs.\9\ CMS is also working closely with federal, state and local 
law enforcement to investigate instances of potential fraud and abuse, 
as well as collaborating with private and public health plans on 
provider fraud in the Healthcare Fraud Prevention Partnership.\10\ We 
are exploring ways to use our existing authorities to impose civil 
monetary penalties on health care providers when their actions result 
in late enrollment penalties for Medicare eligible individuals who were 
steered to an individual market plan and delayed Medicare enrollment.
---------------------------------------------------------------------------

    \9\ 45 CFR 155.285 Bases and process for imposing civil 
penalties for provision of false or fraudulent information to an 
Exchange or improper use or disclosure of information.
    \10\ See https://hfpp.cms.gov/ for more information.
---------------------------------------------------------------------------

II. Solicitation of Comments

    We are seeking information from the public about circumstances in 
which steering into individual market plans may be taking place and the 
extent of such practices. We are particularly interested in 
transparency around the current practices providers may be using to 
enroll consumers in coverage. Our goal is to protect consumers from 
inappropriate health care provider behavior. People eligible for or 
receiving Medicare and/or Medicaid benefits should not be unduly 
influenced in their decisions about their health coverage options. We 
also seek to maintain continuity of care for these beneficiaries and 
ensure patient choice is the primary reason for any change in health 
coverage. We also want to ensure healthcare is being provided 
efficiently

[[Page 57557]]

and affordably. Accordingly, to more fully understand the types of 
situations in which steering may occur as we develop regulatory or 
operational changes to address these problems, we request comments on 
the following:
     In what types of circumstances are healthcare providers or 
provider-affiliated organizations in a position to steer people to 
individual market plans? How, and to what extent, are health care 
providers actively engaged in such steering?
     What impact is there to the single risk pool and to rates 
when people enter the single risk pool who might not otherwise have 
been in the pool because they would normally be covered under another 
government program? Are issuers accounting for this uncertainty when 
they are setting rates?
     Are there examples of steering practices that specifically 
target people eligible for or receiving Medicare and/or Medicaid 
benefits to enroll in individual market plans? In what ways are people 
eligible for or receiving Medicare and/or Medicaid benefits 
particularly vulnerable to steering? To what extent, if any, are 
providers steering people eligible for or receiving Medicare and/or 
Medicaid to individual market plans because they are prohibited from 
billing the Medicare and Medicaid programs, through exclusion by the 
HHS Office of Inspector General, termination from State Medicaid plans 
or the revocation of Medicare billing privileges?
     Is the payment of premiums and cost-sharing commonly used 
to steer individuals to individual market plans, or are other methods 
leading to Medicare and Medicaid eligible individuals being enrolled in 
individual market plans? Specifically, how often are issuers receiving 
payments directly from health care providers and/or provider affiliated 
organizations? Are issuers capable of determining when third party 
payments are made directly to a beneficiary and then transferred to the 
issuer? What actions could CMS consider to add transparency to third 
party payments?
     How are enrollees impacted by the practice of a health 
care provider or provider-affiliated organizations enrolling an 
individual into an individual market plan and paying premiums for that 
individual market plan, when the individual was previously or 
concurrently receiving Medicare and/or Medicaid benefits? We are 
concerned about instances where individuals eligible for Medicare and/
or Medicaid benefits may have been disadvantaged by unscrupulous 
practices aimed at increasing provider payments, including impacts to 
the enrollee's continuity of care. We would be interested in knowing 
more about these practices and the extent to which they may be more 
widespread or varied than we have identified.
     How are enrollees impacted by the practice of a health 
care provider enrolling an individual into an individual market plan 
and paying premiums for individual market plans, when the individual 
was eligible for Medicare and/or Medicaid, but not enrolled? We are 
particularly interested in information about how to measure negative 
impacts on beneficiaries and enrollees, and what data sources and 
measurement methodologies are available to assess the impact of this 
behavior described in this request for information on beneficiaries and 
enrollees. We are seeking information on any financial impacts that are 
in addition to Medicare late enrollment penalties. For example, 
differentials in copayments and deductibles paid by enrollees in 
individual market plans, Medicare or Medicaid, and the impact of 
individual market plan network limitations on the financial obligations 
of enrollees, such as increased copayments and deductibles where the 
enrollee's chosen provider is out-of-network to the individual market 
plan.
     What remedies could effectively deter health care 
providers or provider-affiliated organizations from steering people 
eligible for or enrolled in Medicare and/or Medicaid to individual 
market plans and paying premiums for the provider's financial gain? CMS 
is considering modifying regulations regarding civil monetary penalties 
and authority related to individual market plans.
     What steps do third party payers take to effectively 
screen for Medicare and/or Medicaid eligibility before offering premium 
assistance? What steps do these entities take to make sure that any 
such individuals understand the impact of signing up for an individual 
market plan if they are already eligible for or receiving Medicare and/
or Medicaid benefits?
     For providers that offer premium assistance, who is 
interacting with beneficiaries to determine proper enrollment? What 
questions are asked of the consumer to determine eligibility pathways? 
How are consumers connected to foundations or others who are in the 
position to provide premium assistance? How are premiums paid by 
providers or foundations for consumers?
     We seek comment on policies prohibiting providers from 
making offers of premium assistance and routine cost-sharing waivers 
for individual market plans when a beneficiary is currently enrolled or 
could become enrolled in Medicare Part A and other adjustments to 
federal policy on premium assistance programs in the individual market 
to prevent negative impact to beneficiaries and the single risk pool.
     We seek comments on changes to Medicare and Medicaid 
provider enrollment requirements and conditions of participation that 
would potentially restrict the ability of health care providers to 
manipulate patient enrollment in various health plans for their own 
benefit. We are also interested in information on the extent steering 
is associated with other inappropriate behavior, such as billing for 
services not provided, or quality of care concerns. We seek comment on 
the advisability of such restrictions, as well as considerations of how 
such restrictions would affect health care providers and beneficiaries.
     We seek comment on policies to require Medicare and 
Medicaid-enrolled providers to report premium assistance and cost-
sharing waivers for individual market enrollees to CMS or issuers.
     We seek comments on whether individual market plans 
considered limiting their payment to health care providers to Medicare-
based amounts for particular services and items of care and on 
potential approaches that would allow individual market plans to limit 
their payment to health care providers to Medicare-based amounts for 
particular services and items of care.
     We seek comment on policies that would allow individual 
market plans to make retroactive payment adjustments to providers, when 
health care providers are found to have steered Medicare or Medicaid 
beneficiaries and enrollees to enroll in an individual market plan for 
the provider's financial gain.

III. Collection of Information Requirements

    This request for information constitutes a general solicitation of 
public comments as stated in the implementing regulations of the 
Paperwork Reduction Act at 5 CFR 1320.3(h)(4). Therefore, this request 
for information does not impose information collection requirements, 
that is, reporting, recordkeeping or third-party disclosure 
requirements. Consequently, there is no need for review by the Office 
of Management and Budget under the authority of the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).


[[Page 57558]]


    Dated: August 16, 2016.
Andrew M. Slavitt,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2016-20034 Filed 8-18-16; 4:15 pm]
 BILLING CODE 4120-01-P



                                                  57554                  Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

                                                  V. Proposed Action                                      Act of 1995 (15 U.S.C. 272 note) because              the frequency and impact of this issue
                                                     With the exception of interstate                     application of those requirements would               from the public. We believe this practice
                                                  transport provisions pertaining to the                  be inconsistent with the CAA; and                     not only could raise overall health
                                                  contribution to nonattainment or                           • does not provide EPA with the                    system costs, but could potentially be
                                                  interference with maintenance in other                  discretionary authority to address, as                harmful to patient care and service
                                                  states and visibility protection                        appropriate, disproportionate human                   coordination because of changes to
                                                  requirements of section 110(a)(2)(D)(i)(I)              health or environmental effects, using                provider networks and drug formularies,
                                                  and (II) (prongs 1, 2, and 4), EPA is                   practicable and legally permissible                   result in higher out-of-pocket costs for
                                                  proposing to approve Georgia’s                          methods, under Executive Order 12898                  enrollees, and have a negative impact on
                                                  December 14, 2015, SIP submission, for                  (59 FR 7629, February 16, 1994).                      the individual market single risk pool
                                                  the 2012 Annual PM2.5 NAAQS for the                        In addition, the SIP is not approved               (or the combined risk pool in states that
                                                  above described infrastructure SIP                      to apply on any Indian reservation land               have chosen to merge their risk pools).
                                                  requirements. EPA is proposing to                       or in any other area where EPA or an                  We are seeking input from stakeholders
                                                  approve Georgia’s infrastructure SIP                    Indian tribe has demonstrated that a                  and the public regarding the frequency
                                                  submission for the 2012 Annual PM2.5                    tribe has jurisdiction. In those areas of             and impact of this practice, and options
                                                  NAAQS because the submission is                         Indian country, the rule does not have                to limit this practice.
                                                  consistent with section 110 of the CAA.                 tribal implications as specified by                   DATES: To be assured consideration,
                                                                                                          Executive Order 13175 (65 FR 67249,                   comments must be received at one of
                                                  VI. Statutory and Executive Order                       November 9, 2000), nor will it impose                 the addresses provided below, no later
                                                  Reviews                                                 substantial direct costs on tribal                    than 5 p.m. on September 22, 2016.
                                                     Under the CAA, the Administrator is                  governments or preempt tribal law.                    ADDRESSES: In commenting, refer to file
                                                  required to approve a SIP submission                    List of Subjects in 40 CFR Part 52                    code CMS–6074–NC. Because of staff
                                                  that complies with the provisions of the                                                                      and resource limitations, we cannot
                                                  Act and applicable Federal regulations.                   Environmental protection, Air                       accept comments by facsimile (FAX)
                                                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 pollution control, Incorporation by                   transmission.
                                                  Thus, in reviewing SIP submissions,                     reference, Intergovernmental relations,                  You may submit comments in one of
                                                  EPA’s role is to approve state choices,                 Nitrogen dioxide, Ozone, Particulate                  four ways (please choose only one of the
                                                  provided that they meet the criteria of                 matter, Reporting and recordkeeping                   ways listed):
                                                  the CAA. Accordingly, this proposed                     requirements, Volatile organic                           1. Electronically. You may submit
                                                  action merely approves state law as                     compounds.                                            electronic comments on this regulation
                                                  meeting federal requirements and does                     Authority: 42 U.S.C. 7401 et seq.                   to http://www.regulations.gov. Follow
                                                  not impose additional requirements                        Dated: August 9, 2016.                              the ‘‘Submit a comment’’ instructions.
                                                  beyond those imposed by state law. For                                                                           2. By regular mail. You may mail
                                                                                                          Heather McTeer Toney,
                                                  that reason, this proposed action:                                                                            written comments to the following
                                                                                                          Regional Administrator, Region 4.
                                                     • Is not a significant regulatory action                                                                   address ONLY: Centers for Medicare &
                                                                                                          [FR Doc. 2016–20139 Filed 8–22–16; 8:45 am]           Medicaid Services, Department of
                                                  subject to review by the Office of
                                                  Management and Budget under                             BILLING CODE 6560–50–P                                Health and Human Services, Attention:
                                                  Executive Orders 12866 (58 FR 51735,                                                                          CMS–6074–NC, P.O. Box 8010,
                                                  October 4, 1993) and 13563 (76 FR 3821,                                                                       Baltimore, MD 21244–8010.
                                                  January 21, 2011);                                      DEPARTMENT OF HEALTH AND                                 Please allow sufficient time for mailed
                                                     • does not impose an information                     HUMAN SERVICES                                        comments to be received before the
                                                  collection burden under the provisions                                                                        close of the comment period.
                                                  of the Paperwork Reduction Act (44                      Centers for Medicare & Medicaid                          3. By express or overnight mail. You
                                                  U.S.C. 3501 et seq.);                                   Services                                              may send written comments to the
                                                     • is certified as not having a                                                                             following address ONLY: Centers for
                                                  significant economic impact on a                        42 CFR Part 402, 420, and, 455                        Medicare & Medicaid Services,
                                                  substantial number of small entities                    [CMS–6074–NC]                                         Department of Health and Human
                                                  under the Regulatory Flexibility Act (5                                                                       Services, Attention: CMS–6074–NC,
                                                  U.S.C. 601 et seq.);                                    RIN 0938–ZB31                                         Mail Stop C4–26–05, 7500 Security
                                                     • does not contain any unfunded                                                                            Boulevard, Baltimore, MD 21244–1850.
                                                                                                          Request for Information: Inappropriate                   4. By hand or courier. Alternatively,
                                                  mandate or significantly or uniquely                    Steering of Individuals Eligible for or
                                                  affect small governments, as described                                                                        you may deliver (by hand or courier)
                                                                                                          Receiving Medicare and Medicaid                       your written comments ONLY to the
                                                  in the Unfunded Mandates Reform Act                     Benefits to Individual Market Plans
                                                  of 1995 (Pub. L. 104–4);                                                                                      following addresses:
                                                     • does not have Federalism                           AGENCY:  Centers for Medicare &                          a. For delivery in Washington, DC—
                                                  implications as specified in Executive                  Medicaid Services (CMS), HHS.                         Centers for Medicare & Medicaid
                                                  Order 13132 (64 FR 43255, August 10,                    ACTION: Request for information.
                                                                                                                                                                   Services, Department of Health and
                                                  1999);                                                                                                           Human Services, Room 445–G, Hubert
                                                     • is not an economically significant                 SUMMARY:   This request for information                  H. Humphrey Building, 200
                                                  regulatory action based on health or                    seeks public comment regarding                           Independence Avenue SW.,
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  safety risks subject to Executive Order                 concerns about health care providers                     Washington, DC 20201.
                                                  13045 (62 FR 19885, April 23, 1997);                    and provider-affiliated organizations                    (Because access to the interior of the
                                                     • is not a significant regulatory action             steering people eligible for or receiving             Hubert H. Humphrey Building is not
                                                  subject to Executive Order 13211 (66 FR                 Medicare and/or Medicaid benefits to an               readily available to persons without
                                                  28355, May 22, 2001);                                   individual market plan for the purpose                Federal government identification,
                                                     • is not subject to requirements of                  of obtaining higher payment rates. CMS                commenters are encouraged to leave
                                                  Section 12(d) of the National                           is concerned about reports of this                    their comments in the CMS drop slots
                                                  Technology Transfer and Advancement                     practice and is requesting comments on


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                                                                         Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules                                                   57555

                                                  located in the main lobby of the                        Responders are advised that the U.S.                  (MEC) through the Medicare or
                                                  building. A stamp-in clock is available                 Government will not pay for any                       Medicaid programs.2
                                                  for persons wishing to retain a proof of                information or administrative costs                      We have heard anecdotal reports that
                                                  filing by stamping in and retaining an                  incurred in response to this RFI; all                 individuals who are eligible for
                                                  extra copy of the comments being filed.)                costs associated with responding to this              Medicare and/or Medicaid benefits are
                                                     b. For delivery in Baltimore, MD—                    RFI will be solely at the interested                  receiving premium and other cost-
                                                  Centers for Medicare & Medicaid                         party’s expense. Not responding to this               sharing assistance from a third party so
                                                     Services, Department of Health and                   RFI does not preclude participation in                that the individual can enroll in
                                                     Human Services, 7500 Security                        any future procurement, if conducted. It              individual market plans for the
                                                     Boulevard, Baltimore, MD 21244–                      is the responsibility of the potential                provider’s financial benefit. In some
                                                     1850.                                                responders to monitor this RFI                        cases, a health care provider may
                                                                                                          announcement for additional                           estimate that the higher payment rate
                                                     If you intend to deliver your
                                                                                                          information pertaining to this request.               from an individual market plan
                                                  comments to the Baltimore address, call                                                                       compared to Medicare or Medicaid is
                                                  telephone number (410) 786–9994 in                      Please note that CMS will not respond
                                                                                                          to questions about the policy issues                  sufficient to allow it to pay a patient’s
                                                  advance to schedule your arrival with                                                                         premiums and still financially gain from
                                                  one of our staff members.                               raised in this RFI. CMS may or may not
                                                                                                          choose to contact individual responders.              the higher reimbursement rates. Issuers
                                                     Comments erroneously mailed to the
                                                                                                          Such communications would only serve                  are not required to accept such
                                                  addresses indicated as appropriate for
                                                                                                          to further clarify written responses.                 payments from health care providers or
                                                  hand or courier delivery may be delayed
                                                                                                          Contractor support personnel may be                   provider-affiliated organizations, as
                                                  and received after the comment period.
                                                                                                          used to review RFI responses.                         described below. Enrollment decisions
                                                     For information on viewing public
                                                                                                          Responses to this notice are not offers               should be made, without influence, by
                                                  comments, see the beginning of the
                                                                                                          and cannot be accepted by the                         the individual based on their specific
                                                  SUPPLEMENTARY INFORMATION section.
                                                                                                          Government to form a binding contract                 circumstances, and health and financial
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          or issue a grant. Information obtained as             needs. CMS has established standards
                                                  Morgan Burns, 301–492–4493.                                                                                   for enrollment assisters, including
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          a result of this RFI may be used by the
                                                                                                          Government for program planning on a                  navigators, which prohibit gifts of any
                                                     Inspection of Public Comments: All                                                                         value as an inducement for enrollment,
                                                  comments received before the close of                   non-attribution basis. Respondents
                                                                                                          should not include any information that               and require information and services to
                                                  the comment period are available for                                                                          be provided in a fair, accurate, and
                                                  viewing by the public, including any                    might be considered proprietary or
                                                                                                          confidential. This RFI should not be                  impartial manner.3 Additionally, CMS
                                                  personally identifiable or confidential                                                                       has established standards for insurance
                                                  business information that is included in                construed as a commitment or
                                                                                                          authorization to incur cost for which                 agents and brokers that register with the
                                                  a comment. We post all comments                                                                               Federal Marketplace, including training
                                                  received before the close of the                        reimbursement would be required or
                                                                                                          sought. All submissions become                        about the interaction of Medicare and
                                                  comment period on the following Web                                                                           Medicaid eligibility with eligibility for
                                                  site as soon as possible after they have                Government property and will not be
                                                                                                          returned. CMS may publically post the                 individual market plans and financial
                                                  been received: http://                                                                                        assistance, and has remedies for
                                                  www.regulations.gov. Follow the search                  comments received, or a summary
                                                                                                          thereof.                                              insurance agents that provide inaccurate
                                                  instructions on that Web site to view                                                                         or incorrect information to consumers,
                                                  public comments.                                        I. Background                                         such as misinformation about the
                                                     Comments received timely will also
                                                                                                             The Centers for Medicare & Medicaid                impact of not enrolling in Medicare
                                                  be available for public inspection as
                                                                                                          Services (CMS) believes that when                     when an individual first becomes
                                                  they are received, generally beginning
                                                                                                          health care providers or provider-                    eligible, including termination of the
                                                  approximately three weeks after
                                                                                                          affiliated organizations steer or                     Marketplace agreement, civil monetary
                                                  publication of a document, at the
                                                                                                          influence people eligible for or receiving            penalties, and denial of right to enter
                                                  headquarters of the Centers for Medicare
                                                                                                          Medicare and/or Medicaid benefits, it                 agreements in future years.4
                                                  & Medicaid Services, 7500 Security                                                                               We believe there is potential for
                                                  Boulevard, Baltimore, Maryland 21244,                   may not be in the best interests of the
                                                                                                          individual, it may have deleterious                   financial harm to a consumer when a
                                                  Monday through Friday of each week                                                                            health care provider or provider-
                                                  from 8:30 a.m. to 4 p.m. To schedule an                 effects on the insurance market,
                                                                                                          including disruptions to the individual               affiliated organization (including a non-
                                                  appointment to view public comments,                                                                          profit organization affiliated with the
                                                  phone 1–800–743–3951.                                   market risk pool, and it is likely to raise
                                                                                                          overall healthcare costs. Individuals                 provider) steers people who could
                                                     This is a request for information only.
                                                                                                          eligible for Medicare and/or Medicaid                 receive or are receiving benefits under
                                                  Respondents are encouraged to provide
                                                                                                          benefits are not required to enroll in                Medicare and/or Medicaid to enroll in
                                                  complete but concise responses to the
                                                                                                          these programs.1 However, individuals                 an individual market plan. The
                                                  questions listed in the sections outlined
                                                                                                          eligible for Medicaid or Medicare Part A              potential harm is particularly acute
                                                  below. Please note that a response to
                                                                                                          benefits are generally ineligible for the             when the steering occurs for the
                                                  every question is not required. This RFI
                                                                                                          premium tax credit (PTC), including                   financial gain of the health care
                                                  is issued solely for information and
                                                                                                          advance payments thereof (APTC), and                  provider through higher payment rates
                                                  planning purposes; it does not
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                                                  constitute a Request for Proposal,                      for cost-sharing reductions (CSR) for
                                                                                                                                                                   2 See 26 U.S.C. 36B. In general, an individual who
                                                  applications, proposal abstracts, or                    their Qualified Health Plan (QHP)
                                                                                                                                                                is eligible for minimum essential coverage (other
                                                  quotations. This RFI does not commit                    coverage for the months they have                     than coverage in the individual market) for a month
                                                  the Government to contract for any                      access to minimum essential coverage                  is ineligible for the premium tax credit for that
                                                                                                                                                                month. Medicare part A and most Medicaid
                                                  supplies or services or make a grant                      1 Individuals eligible to receive premium free      programs are minimum essential coverage. See 26
                                                  award. Further, CMS is not seeking                      Medicare Part A benefits may not decline Medicare     U.S.C. 5000A(f) and 26 CFR 1.5000A–2(b).
                                                  proposals through this RFI and will not                 Part A entitlement if they accept Social Security        3 45 CFR 155.210.

                                                  accept unsolicited proposals.                           benefits.                                                4 45 CFR 155.220.




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                                                  57556                  Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

                                                  without taking into account the needs of                (b) an Indian tribe, tribal organization,             inappropriate action that may have
                                                  these beneficiaries. People who are                     or urban Indian organization; and (c) a               negative impacts on patients. CMS is
                                                  steered from Medicare and Medicaid to                   local, state, or Federal government                   strongly encouraging any provider or
                                                  the individual market may also                          program, including a grantee directed by              provider-affiliated organization that may
                                                  experience a disruption in the                          a government program to make                          be currently engaged in such a practice
                                                  continuity and coordination of their                    payments on its behalf.8 Issuers are not              to end the practice. As noted above,
                                                  care as a result of changes in access to                required to accept such payments from                 enrollment decisions should be made
                                                  their network of providers, changes in                  other entities. These regulations were                based on an individual’s particular
                                                  prescription drug benefits, and loss of                 finalized in the 2017 HHS Notice of                   financial and health needs.
                                                  dental care for certain Medicaid                        Benefit and Payment Parameters Final                     As we assess the extent of potential
                                                  beneficiaries. If an individual receives                Rule, which made several amendments                   steering activities, its impact on
                                                  the benefit of APTC for a month he or                   to the regulations previously codified                beneficiaries and enrollees and the
                                                  she is eligible for minimum essential                   through a March 19, 2014, HHS Interim                 individual market single risk pool, CMS
                                                  coverage, the individual (or the person                 final rule (IFR) with comment period                  reminds healthcare providers and other
                                                  who claims the individual as a tax                      titled, Patient Protection and Affordable             entities that may be engaged in such
                                                  dependent) may be required to repay                     Care Act; Third Party Payment of                      behavior that we have several regulatory
                                                  some or all of the APTC at the time such                Qualified Health Plan Premiums (79 FR                 and operational tools that we may use
                                                  person files his or her federal income                  15240).                                               to discourage premium payments and
                                                  tax return. Moreover, it is unlawful to                    Prior to publishing the IFR, HHS                   routine waiver of cost-sharing for
                                                  enroll an individual in individual                      issued two ‘‘Frequently Asked                         individual market plans by health care
                                                  market coverage if they are known to be                 Questions’’ (FAQ) documents regarding                 providers, including, but not limited to,
                                                  entitled to benefits under Medicare Part                premium and cost-sharing payments                     revisions to Medicare and Medicaid
                                                  A, enrolled in Medicare Part B, or                      made by third parties on behalf of                    provider conditions of participation and
                                                  receiving Medicaid benefits.                            individual market plan enrollees. In an               enrollment rules, and imposition of civil
                                                  Importantly, those eligible for Medicare                FAQ issued on November 4, 2013 (the                   monetary penalties for individuals who
                                                  may be subject to late enrollment                       November FAQ), HHS discouraged QHP                    failed to provide correct information to
                                                  penalties if they do not enroll in                      issuers from accepting third-party                    the Exchange when enrolling consumers
                                                  Medicare when first eligible to do so—                  payments made on behalf of enrollees                  into QHPs.9 CMS is also working closely
                                                  a monthly premium for Part B may go                     by hospitals, other health care                       with federal, state and local law
                                                  up 10 percent for each full 12-month                    providers, and other commercial entities              enforcement to investigate instances of
                                                  period an individual could have had                     due to concerns that such practices                   potential fraud and abuse, as well as
                                                  Part B, but did not sign up for it.5                    could skew the insurance risk pool and                collaborating with private and public
                                                  Individuals who become eligible for                     create an unlevel field in the Exchanges.             health plans on provider fraud in the
                                                  Medicare based on receipt of Social                     The FAQ also noted that HHS intended                  Healthcare Fraud Prevention
                                                  Security benefits based on age or Social                to monitor this practice and to take                  Partnership.10 We are exploring ways to
                                                  Security Disability Insurance (SSDI)                    appropriate action, if necessary.                     use our existing authorities to impose
                                                  must forgo and if received repay their                     On February 7, 2014, HHS issued                    civil monetary penalties on health care
                                                  Social Security cash benefits if they                   another FAQ (the February FAQ)                        providers when their actions result in
                                                  wish to decline Medicare Part A                         clarifying that the November FAQ did                  late enrollment penalties for Medicare
                                                  benefits.6 Additionally, individuals who                not apply to third party premium and                  eligible individuals who were steered to
                                                  are steered into an individual market                   cost-sharing payments made on behalf                  an individual market plan and delayed
                                                  plan for renal dialysis services and then               of enrollees by Indian tribes, tribal                 Medicare enrollment.
                                                  have a kidney transplant while enrolled                 organizations, and urban Indian
                                                                                                          organizations; state and Federal                      II. Solicitation of Comments
                                                  in the individual market plan will not
                                                  be eligible for Medicare Part B coverage                government programs (such as the Ryan                    We are seeking information from the
                                                  of their immunosuppressant drugs if                     White HIV/AIDS Program); or private,                  public about circumstances in which
                                                  they enroll in Medicare at a later date.7               not-for-profit foundations that base                  steering into individual market plans
                                                    Federal regulations at 45 CFR                         eligibility on financial status, do not               may be taking place and the extent of
                                                  156.1250 require that issuers offering                  consider enrollees’ health status, and                such practices. We are particularly
                                                  Qualified Health Plans (QHPs),                          provide assistance for an entire year. In             interested in transparency around the
                                                  including stand-alone dental plans, and                 the February FAQ, HHS affirmatively                   current practices providers may be
                                                  their downstream entities, accept                       encouraged QHP issuers to accept                      using to enroll consumers in coverage.
                                                  premium and cost-sharing payments on                    payments from Indian tribes, tribal                   Our goal is to protect consumers from
                                                  behalf of QHP enrollees from the                        organizations, and urban Indian                       inappropriate health care provider
                                                  following third-party entities (in the                  organizations; and state and Federal                  behavior. People eligible for or receiving
                                                  case of a downstream entity, to the                     government programs (such as the Ryan                 Medicare and/or Medicaid benefits
                                                  extent the entity routinely collects                    White HIV/AIDS Program) given that                    should not be unduly influenced in
                                                                                                          Federal or state law or policy                        their decisions about their health
                                                  premiums or cost sharing): (a) A Ryan
                                                                                                          specifically envisions third party                    coverage options. We also seek to
                                                  White HIV/AIDS Program under title
                                                                                                          payment of premium and cost-sharing                   maintain continuity of care for these
                                                  XXVI of the Public Health Service Act;
                                                                                                          amounts by these entities.                            beneficiaries and ensure patient choice
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                                                    5 https://www.medicare.gov/your-medicare-costs/          CMS seeks to clarify that offering                 is the primary reason for any change in
                                                  part-b-costs/penalty/part-b-late-enrollment-            premium and cost-sharing assistance in                health coverage. We also want to ensure
                                                  penalty.html.                                           order to steer people eligible for or                 healthcare is being provided efficiently
                                                    6 https://www.cms.gov/Outreach-and-Education/
                                                                                                          receiving Medicare and/or Medicaid
                                                  Find-Your-Provider-Type/Employers-and-Unions/                                                                   9 45 CFR 155.285 Bases and process for imposing
                                                  Top-5-things-you-need-to-know-about-Medicare-
                                                                                                          benefits to individual market plans for
                                                                                                                                                                civil penalties for provision of false or fraudulent
                                                  Enrollment.html.                                        a provider’s financial gain is an                     information to an Exchange or improper use or
                                                    7 https://www.medicare.gov/coverage/                                                                        disclosure of information.
                                                  prescription-drugs-outpatient.html.                       8 2017   HHS Payment Notice Final Rule.               10 See https://hfpp.cms.gov/ for more information.




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                                                                         Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules                                          57557

                                                  and affordably. Accordingly, to more                    payments, including impacts to the                    individual market plans when a
                                                  fully understand the types of situations                enrollee’s continuity of care. We would               beneficiary is currently enrolled or
                                                  in which steering may occur as we                       be interested in knowing more about                   could become enrolled in Medicare Part
                                                  develop regulatory or operational                       these practices and the extent to which               A and other adjustments to federal
                                                  changes to address these problems, we                   they may be more widespread or varied                 policy on premium assistance programs
                                                  request comments on the following:                      than we have identified.                              in the individual market to prevent
                                                     • In what types of circumstances are                    • How are enrollees impacted by the                negative impact to beneficiaries and the
                                                  healthcare providers or provider-                       practice of a health care provider                    single risk pool.
                                                  affiliated organizations in a position to               enrolling an individual into an
                                                  steer people to individual market plans?                individual market plan and paying                        • We seek comments on changes to
                                                  How, and to what extent, are health care                premiums for individual market plans,                 Medicare and Medicaid provider
                                                  providers actively engaged in such                      when the individual was eligible for                  enrollment requirements and conditions
                                                  steering?                                               Medicare and/or Medicaid, but not                     of participation that would potentially
                                                     • What impact is there to the single                 enrolled? We are particularly interested              restrict the ability of health care
                                                  risk pool and to rates when people enter                in information about how to measure                   providers to manipulate patient
                                                  the single risk pool who might not                      negative impacts on beneficiaries and                 enrollment in various health plans for
                                                  otherwise have been in the pool because                 enrollees, and what data sources and                  their own benefit. We are also interested
                                                  they would normally be covered under                    measurement methodologies are                         in information on the extent steering is
                                                  another government program? Are                         available to assess the impact of this                associated with other inappropriate
                                                  issuers accounting for this uncertainty                 behavior described in this request for                behavior, such as billing for services not
                                                  when they are setting rates?                            information on beneficiaries and                      provided, or quality of care concerns.
                                                     • Are there examples of steering                     enrollees. We are seeking information                 We seek comment on the advisability of
                                                  practices that specifically target people               on any financial impacts that are in                  such restrictions, as well as
                                                  eligible for or receiving Medicare and/                 addition to Medicare late enrollment                  considerations of how such restrictions
                                                  or Medicaid benefits to enroll in                       penalties. For example, differentials in              would affect health care providers and
                                                  individual market plans? In what ways                   copayments and deductibles paid by                    beneficiaries.
                                                  are people eligible for or receiving                    enrollees in individual market plans,                    • We seek comment on policies to
                                                  Medicare and/or Medicaid benefits                       Medicare or Medicaid, and the impact                  require Medicare and Medicaid-enrolled
                                                  particularly vulnerable to steering? To                 of individual market plan network                     providers to report premium assistance
                                                  what extent, if any, are providers                      limitations on the financial obligations              and cost-sharing waivers for individual
                                                  steering people eligible for or receiving               of enrollees, such as increased                       market enrollees to CMS or issuers.
                                                  Medicare and/or Medicaid to individual                  copayments and deductibles where the
                                                  market plans because they are                           enrollee’s chosen provider is out-of-                    • We seek comments on whether
                                                  prohibited from billing the Medicare                    network to the individual market plan.                individual market plans considered
                                                  and Medicaid programs, through                             • What remedies could effectively                  limiting their payment to health care
                                                  exclusion by the HHS Office of                          deter health care providers or provider-              providers to Medicare-based amounts
                                                  Inspector General, termination from                     affiliated organizations from steering                for particular services and items of care
                                                  State Medicaid plans or the revocation                  people eligible for or enrolled in                    and on potential approaches that would
                                                  of Medicare billing privileges?                         Medicare and/or Medicaid to individual                allow individual market plans to limit
                                                     • Is the payment of premiums and                     market plans and paying premiums for                  their payment to health care providers
                                                  cost-sharing commonly used to steer                     the provider’s financial gain? CMS is                 to Medicare-based amounts for
                                                  individuals to individual market plans,                 considering modifying regulations                     particular services and items of care.
                                                  or are other methods leading to                         regarding civil monetary penalties and                   • We seek comment on policies that
                                                  Medicare and Medicaid eligible                          authority related to individual market                would allow individual market plans to
                                                  individuals being enrolled in individual                plans.                                                make retroactive payment adjustments
                                                  market plans? Specifically, how often                      • What steps do third party payers                 to providers, when health care providers
                                                  are issuers receiving payments directly                 take to effectively screen for Medicare               are found to have steered Medicare or
                                                  from health care providers and/or                       and/or Medicaid eligibility before                    Medicaid beneficiaries and enrollees to
                                                  provider affiliated organizations? Are                  offering premium assistance? What                     enroll in an individual market plan for
                                                  issuers capable of determining when                     steps do these entities take to make sure             the provider’s financial gain.
                                                  third party payments are made directly                  that any such individuals understand
                                                  to a beneficiary and then transferred to                the impact of signing up for an                       III. Collection of Information
                                                  the issuer? What actions could CMS                      individual market plan if they are                    Requirements
                                                  consider to add transparency to third                   already eligible for or receiving
                                                  party payments?                                         Medicare and/or Medicaid benefits?                      This request for information
                                                     • How are enrollees impacted by the                     • For providers that offer premium                 constitutes a general solicitation of
                                                  practice of a health care provider or                   assistance, who is interacting with                   public comments as stated in the
                                                  provider-affiliated organizations                       beneficiaries to determine proper                     implementing regulations of the
                                                  enrolling an individual into an                         enrollment? What questions are asked of               Paperwork Reduction Act at 5 CFR
                                                  individual market plan and paying                       the consumer to determine eligibility                 1320.3(h)(4). Therefore, this request for
                                                  premiums for that individual market                     pathways? How are consumers                           information does not impose
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                                                  plan, when the individual was                           connected to foundations or others who                information collection requirements,
                                                  previously or concurrently receiving                    are in the position to provide premium                that is, reporting, recordkeeping or
                                                  Medicare and/or Medicaid benefits? We                   assistance? How are premiums paid by                  third-party disclosure requirements.
                                                  are concerned about instances where                     providers or foundations for consumers?               Consequently, there is no need for
                                                  individuals eligible for Medicare and/or                   • We seek comment on policies                      review by the Office of Management and
                                                  Medicaid benefits may have been                         prohibiting providers from making                     Budget under the authority of the
                                                  disadvantaged by unscrupulous                           offers of premium assistance and                      Paperwork Reduction Act of 1995 (44
                                                  practices aimed at increasing provider                  routine cost-sharing waivers for                      U.S.C. 3501 et seq.).


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                                                  57558                  Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

                                                    Dated: August 16, 2016.
                                                  Andrew M. Slavitt,
                                                  Acting Administrator, Centers for Medicare
                                                  & Medicaid Services.
                                                  [FR Doc. 2016–20034 Filed 8–18–16; 4:15 pm]
                                                  BILLING CODE 4120–01–P
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Document Created: 2018-02-09 11:40:20
Document Modified: 2018-02-09 11:40:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for information.
DatesTo be assured consideration, comments must be received at one of
ContactMorgan Burns, 301-492-4493.
FR Citation81 FR 57554 
RIN Number0938-ZB31
CFR Citation42 CFR 402
42 CFR 420

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