81 FR 8497 - 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 33 (February 19, 2016)
Centers for Medicare & Medicaid Services
Federal Register Volume 81, Issue 33 (February 19, 2016)
| Page Range | 8497-8498 | |
| FR Document | 2016-03473 |
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)] [Notices] [Pages 8497-8498] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03473] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-10325 and CMS-10330] Agency Information Collection Activities: Submission for OMB Review; Comment Request ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow 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 March 21, 2016. ADDRESSES: When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and 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: [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 a currently approved collection; Title of Information Collection: Enrollment Opportunity Notice Relating to Lifetime Limits; Required Notice of Rescission of Coverage; and Disclosure Requirements for Patient Protection Under the Affordable Care Act; Use: Section 1251 of the Affordable Care Act provides that certain plans and health insurance coverage in existence as of March 23, 2010, known as grandfathered health plans, are not required to comply with certain statutory provisions in the Act. The final regulations titled ``Final Rules Under the Affordable Care Act for Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient Protections'' require that, to maintain its status as a grandfathered health plan, a plan must maintain records documenting the terms of the plan in effect on March 23, 2010, and any other documents that are necessary to verify, [[Page 8498]] explain or clarify status as a grandfathered health plan. The plan must make such records available for examination upon request by participants, beneficiaries, individual policy subscribers, or a State or Federal agency official. A grandfathered health plan is also required to include a statement in any summary of benefits under the plan or health insurance coverage, that the plan or coverage believes it is a grandfathered health plan within the meaning of section 1251 of the Affordable Care Act, and providing contact information for participants to direct questions and complaints. In addition, a grandfathered group health plan that is changing health insurance issuers is required to provide the succeeding health insurance issuer (and the succeeding health insurance issuer must require) documentation of plan terms (including benefits, cost sharing, employer contributions, and annual limits) under the prior health insurance coverage sufficient to make a determination whether the standards of paragraph (g)(1) of the interim final regulations are exceeded. It is also required that, for an insured group health plan (or a multiemployer plan) that is a grandfathered plan, the relevant policies, certificates, or contracts of insurance, or plan documents must disclose in a prominent and effective manner that employers, employee organizations, or plan sponsors, as applicable, are required to notify the issuer (or multiemployer plan) if the contribution rate changes at any point during the plan year. Form Number: CMS-10325 (OMB Control Number: 0938-1093); Frequency: Occasionally; Affected Public: State, Local, or Tribal Governments, Private Sector; Number of Respondents: 55,378; Total Annual Responses: 6,858,135; Total Annual Hours: 248. (For policy questions regarding this collection contact Russell Tipps at (301) 492-4371). 2. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Enrollment Opportunity Notice Relating to Lifetime Limits; Required Notice of Rescission of Coverage; and Disclosure Requirements for Patient Protection Under the Affordable Care Act; Use: Sections 2711, 2712 and 2719A of the Public Health Service Act, as added by the Affordable Care Act, and the interim final regulations titled ``Patient Protection and Affordable Care Act: Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, and Patient Protections'' (75 FR 37188, June 28, 2010) contain enrollment opportunity, rescission notice, and patient protection disclosure requirements that are subject to the Paperwork Reduction Act of 1995. The enrollment opportunity notice was to be used by health plans to notify certain individuals of their right to re-enroll in their plan. This notice was a one-time requirement and has been discontinued. The rescission notice will be used by health plans to provide advance notice to certain individuals that their coverage may be rescinded as a result of fraud or intentional misrepresentation of material fact. The patient protection notification will be used by health plans to inform certain individuals of their right to choose a primary care provider or pediatrician and to use obstetrical/gynecological services without prior authorization. The related provisions are finalized in the final regulations titled ``Final Rules Under the Affordable Care Act for Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient Protections''. The final regulations also require that, if State law prohibits balance billing, or a plan or issuer is contractually responsible for any amounts balanced billed by an out-of-network emergency services provider, a plan or issuer must provide a participant, beneficiary or enrollee adequate and prominent notice of their lack of financial responsibility with respect to amounts balanced billed in order to prevent inadvertent payment by the individual. Form Number: CMS-10330 (OMB Control Number: 0938-1094); Frequency: Occasionally; Affected Public: Private Sector, State, Local, or Tribal Governments; Number of Respondents: 3,171; Total Annual Responses: 238,244; Total Annual Hours: 897. (For policy questions regarding this collection contact Russell Tipps at 301-492-4371). Dated: February 16, 2016. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2016-03473 Filed 2-18-16; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices 8497
amended by section 369 of the Dodd- Board of Governors of the Federal Reserve proposed collection(s) summarized in
Frank Act. System, February 12, 2016. this notice, you may make your request
Robert deV. Frierson, using one of following:
The obligation to file the forms with
Secretary of the Board. 1. Access CMS’ Web site address at
the Board is mandatory for those
[FR Doc. 2016–03444 Filed 2–18–16; 8:45 am] http://www.cms.hhs.gov/
financial institutions for which the
BILLING CODE 6210–01–P PaperworkReductionActof1995.
Board serves as the ARA, and the filing 2. Email your request, including your
of both forms is event generated. address, phone number, OMB number,
The data collected on Forms MSD–4 and CMS document identifier, to
DEPARTMENT OF HEALTH AND
and MSD–5 is compiled in a ‘‘system of Paperwork@cms.hhs.gov.
HUMAN SERVICES
records’’ within the meaning of the 3. Call the Reports Clearance Office at
Privacy Act. 5 U.S.C. 552a(a)(5). In Centers for Medicare & Medicaid (410) 786–1326.
1977, the Board formally designated a Services FOR FURTHER INFORMATION CONTACT:
system of records for Forms MSD–4 and Reports Clearance Office at (410) 786–
[Document Identifiers: CMS–10325 and 1326.
MSD–5. See 4 Fed. Res. Reg. Service CMS–10330]
¶ 8–350 (42 FR 16,854 (Mar. 30, SUPPLEMENTARY INFORMATION: Under the
1977)).13 The Privacy Act prohibits the Agency Information Collection Paperwork Reduction Act of 1995 (PRA)
Board from disclosing the information Activities: Submission for OMB (44 U.S.C. 3501–3520), federal agencies
collected on the forms unless certain Review; Comment Request must obtain approval from the Office of
exceptions apply that would permit Management and Budget (OMB) for each
disclosure. 5 U.S.C. 552a(b). ACTION: Notice. collection of information they conduct
Abstract: These mandatory or sponsor. The term ‘‘collection of
SUMMARY: The Centers for Medicare &
information collections are submitted information’’ is defined in 44 U.S.C.
Medicaid Services (CMS) is announcing
3502(3) and 5 CFR 1320.3(c) and
on occasion by state member banks an opportunity for the public to
includes agency requests or
(SMBs), bank holding companies comment on CMS’ intention to collect
requirements that members of the public
(BHCs), savings and loan holding information from the public. Under the
submit reports, keep records, or provide
companies (‘‘SLHCs’’), and foreign Paperwork Reduction Act of 1995
information to a third party. Section
dealer banks that are municipal (PRA), federal agencies are required to
3506(c)(2)(A) of the PRA (44 U.S.C.
securities dealers.14 The Form MSD–4 publish notice in the Federal Register
3506(c)(2)(A)) requires federal agencies
collects information (such as personal concerning each proposed collection of
to publish a 30-day notice in the
history and professional qualifications) information, including each proposed
Federal Register concerning each
on an employee whom the bank wishes extension or reinstatement of an existing
proposed collection of information,
to assume the duties of municipal collection of information, and to allow
including each proposed extension or
securities principal or representative. a second opportunity for public
reinstatement of an existing collection
The Form MSD–5 collects the date of, comment on the notice. Interested
of information, before submitting the
and reason for, termination of such an persons are invited to send comments
collection to OMB for approval. To
employee. regarding the burden estimate or any
comply with this requirement, CMS is
other aspect of this collection of
On August 4, 2014, the Municipal publishing this notice that summarizes
information, including any of the
Securities Rulemaking Board (MSRB) the following proposed collection(s) of
following subjects: (1) The necessity and
(MSRB Notice 2014–13) announced the information for public comment:
utility of the proposed information 1. Type of Information Collection
creation of a new designation of collection for the proper performance of Request: Revision of a currently
registered person—Limited the agency’s functions; (2) the accuracy approved collection; Title of
Representative—Investment Company of the estimated burden; (3) ways to Information Collection: Enrollment
and Variable Contracts Products—which enhance the quality, utility, and clarity Opportunity Notice Relating to Lifetime
is a sub-category of Municipal Securities of the information to be collected; and Limits; Required Notice of Rescission of
Representative.15 To conform to MSRB (4) the use of automated collection Coverage; and Disclosure Requirements
Notice 2011–54, the Board staff techniques or other forms of information for Patient Protection Under the
proposes to make a minor revision to technology to minimize the information Affordable Care Act; Use: Section 1251
the Form MSD–4 to add the Limited collection burden. of the Affordable Care Act provides that
Representative—Investment Company DATES: Comments on the collection(s) of certain plans and health insurance
and Variable Contracts Products as a information must be received by the coverage in existence as of March 23,
new type of qualification. The Board OMB desk officer by March 21, 2016. 2010, known as grandfathered health
staff also proposes to require electronic ADDRESSES: When commenting on the plans, are not required to comply with
submission of both the Form MSD–4 proposed information collections, certain statutory provisions in the Act.
and Form MSD–5 to a secure Federal please reference the document identifier The final regulations titled ‘‘Final Rules
Reserve Board email address. or OMB control number. To be assured Under the Affordable Care Act for
consideration, comments and Grandfathered Plans, Preexisting
recommendations must be received by Condition Exclusions, Lifetime and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
13 In 2008, the Board updated all of the Board’s
existing systems of records, including the system of the OMB desk officer via one of the Annual Limits, Rescissions, Dependent
records for Forms MSD–4 and MSD–5 (BGFRS–17). following transmissions: OMB, Office of Coverage, Appeals, and Patient
See 73 FR 24,984, 24,999 (May 6, 2008). Information and Regulatory Affairs, Protections’’ require that, to maintain its
14 At this time, there are no SLHCs or foreign
Attention: CMS Desk Officer, Fax status as a grandfathered health plan, a
dealer banks that are registered as municipal
securities dealers.
Number: (202) 395–5806 or Email: plan must maintain records
15 See http://www.msrb.org/∼/media/Files/ OIRA_submission@omb.eop.gov. documenting the terms of the plan in
Regulatory-Notices/Announcements/2014- To obtain copies of a supporting effect on March 23, 2010, and any other
13.ashx?n=1. statement and any related forms for the documents that are necessary to verify,
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![8498 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
explain or clarify status as a rescission notice, and patient protection DEPARTMENT OF HEALTH AND
grandfathered health plan. The plan disclosure requirements that are subject HUMAN SERVICES
must make such records available for to the Paperwork Reduction Act of 1995.
examination upon request by The enrollment opportunity notice was Centers for Medicare & Medicaid
participants, beneficiaries, individual to be used by health plans to notify Services
policy subscribers, or a State or Federal certain individuals of their right to re- [Document Identifier: CMS–484; CMS–846–
agency official. A grandfathered health enroll in their plan. This notice was a 849, 854, 10125 and 10126; CMS–10379; and
plan is also required to include a one-time requirement and has been CMS–10418]
statement in any summary of benefits discontinued. The rescission notice will
under the plan or health insurance be used by health plans to provide Agency Information Collection
coverage, that the plan or coverage advance notice to certain individuals Activities: Proposed Collection;
believes it is a grandfathered health plan that their coverage may be rescinded as Comment Request
within the meaning of section 1251 of
a result of fraud or intentional AGENCY: Centers for Medicare &
the Affordable Care Act, and providing
misrepresentation of material fact. The Medicaid Services, HHS.
contact information for participants to
direct questions and complaints. In patient protection notification will be ACTION: Notice.
addition, a grandfathered group health used by health plans to inform certain
plan that is changing health insurance individuals of their right to choose a SUMMARY: The Centers for Medicare &
issuers is required to provide the primary care provider or pediatrician Medicaid Services (CMS) is announcing
succeeding health insurance issuer (and and to use obstetrical/gynecological an opportunity for the public to
the succeeding health insurance issuer services without prior authorization. comment on CMS’ intention to collect
must require) documentation of plan information from the public. Under the
The related provisions are finalized in
terms (including benefits, cost sharing, Paperwork Reduction Act of 1995 (the
the final regulations titled ‘‘Final Rules
employer contributions, and annual PRA), federal agencies are require; to
Under the Affordable Care Act for publish notice in the Federal Register
limits) under the prior health insurance Grandfathered Plans, Preexisting
coverage sufficient to make a concerning each proposed collection of
Condition Exclusions, Lifetime and information (including each proposed
determination whether the standards of Annual Limits, Rescissions, Dependent
paragraph (g)(1) of the interim final extension or reinstatement of an existing
Coverage, Appeals, and Patient collection of information) and to allow
regulations are exceeded. It is also Protections’’. The final regulations also
required that, for an insured group 60 days for public comment on the
require that, if State law prohibits proposed action. Interested persons are
health plan (or a multiemployer plan) balance billing, or a plan or issuer is
that is a grandfathered plan, the relevant invited to send comments regarding our
contractually responsible for any burden estimates or any other aspect of
policies, certificates, or contracts of
amounts balanced billed by an out-of- this collection of information, including
insurance, or plan documents must
disclose in a prominent and effective network emergency services provider, a any of the following subjects: (1) The
manner that employers, employee plan or issuer must provide a necessity and utility of the proposed
organizations, or plan sponsors, as participant, beneficiary or enrollee information collection for the proper
applicable, are required to notify the adequate and prominent notice of their performance of the agency’s functions;
issuer (or multiemployer plan) if the lack of financial responsibility with (2) the accuracy of the estimated
contribution rate changes at any point respect to amounts balanced billed in burden; (3) ways to enhance the quality,
during the plan year. Form Number: order to prevent inadvertent payment by utility, and clarity of the information to
CMS–10325 (OMB Control Number: the individual. Form Number: CMS– be collected; and (4) the use of
0938–1093); Frequency: Occasionally; 10330 (OMB Control Number: 0938– automated collection techniques or
Affected Public: State, Local, or Tribal 1094); Frequency: Occasionally; other forms of information technology to
Governments, Private Sector; Number of Affected Public: Private Sector, State, minimize the information collection
Respondents: 55,378; Total Annual Local, or Tribal Governments; Number burden.
Responses: 6,858,135; Total Annual of Respondents: 3,171; Total Annual DATES: Comments must be received by
Hours: 248. (For policy questions Responses: 238,244; Total Annual April 19, 2016.
regarding this collection contact Russell Hours: 897. (For policy questions ADDRESSES: When commenting, please
Tipps at (301) 492–4371). regarding this collection contact Russell reference the document identifier or
2. Type of Information Collection Tipps at 301–492–4371). OMB control number. To be assured
Request: Revision of a currently Dated: February 16, 2016. consideration, comments and
approved collection; Title of recommendations must be submitted in
William N. Parham, III,
Information Collection: Enrollment any one of the following ways:
Opportunity Notice Relating to Lifetime Director, Paperwork Reduction Staff, Office 1. Electronically. You may send your
Limits; Required Notice of Rescission of of Strategic Operations and Regulatory comments electronically to http://
Coverage; and Disclosure Requirements Affairs. www.regulations.gov. Follow the
for Patient Protection Under the [FR Doc. 2016–03473 Filed 2–18–16; 8:45 am] instructions for ‘‘Comment or
Affordable Care Act; Use: Sections 2711, BILLING CODE 4120–01–P Submission’’ or ‘‘More Search Options’’
2712 and 2719A of the Public Health to find the information collection
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Service Act, as added by the Affordable document(s) that are accepting
Care Act, and the interim final comments.
regulations titled ‘‘Patient Protection 2. By regular mail. You may mail
and Affordable Care Act: Preexisting written comments to the following
Condition Exclusions, Lifetime and address: CMS, Office of Strategic
Annual Limits, Rescissions, and Patient Operations and Regulatory Affairs,
Protections’’ (75 FR 37188, June 28, Division of Regulations Development,
2010) contain enrollment opportunity, Attention: Document Identifier/OMB
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Document Created: 2018-02-02 14:31:45
Document Modified: 2018-02-02 14:31:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments on the collection(s) of information must be received by the OMB desk officer by March 21, 2016. | |
| Contact | Reports Clearance Office at (410) 786- 1326. | |
| FR Citation | 81 FR 8497 |
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