82 FR 57984 - Agency Information Collection Activities: Submission for OMB Review; Comment Request
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 82, Issue 235 (December 8, 2017)
Centers for Medicare & Medicaid Services
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 57984-57986 | |
| FR Document | 2017-26524 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Notices] [Pages 57984-57986] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26524] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-718-721 and CMS-10307] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register [[Page 57985]] 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 the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected; and 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 January 8, 2018. 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 Web site address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html. 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: William Parham at (410) 786-4669. 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: Reinstatement of a previously approved collection; Title of Information Collection: Business Proposal Forms for Quality Improvement Organizations (QIOs); Use: The submission of proposal information by current quality improvement associations (QIOs) and other bidders, on the appropriate forms, will satisfy our need for meaningful, consistent, and verifiable data with which to evaluate contract proposals. We use the data collected on the forms associated with this information collection request to negotiate QIO contracts. We will be able to compare the costs reported by the QIOs on the cost reports to the proposed costs noted on the business proposal forms. Subsequent contract and modification negotiations will be based on historic cost data. The business proposal forms will be one element of the historical cost data from which we can analyze future proposed costs. In addition, the business proposal format will standardize the cost proposing and pricing process among all QIOs. With well-defined cost centers and line items, proposals can be compared among QIOs for reasonableness and appropriateness. Form Number: CMS-718-721 (OMB control number: 0938- 0579); Frequency: Annually; Affected Public: Business or other for- profits and Not-for-profit institutions; Number of Respondents: 20; Total Annual Responses: 20; Total Annual Hours: 1,000. (For policy questions regarding this collection contact Benjamin Bernstein at 410- 786-6570.) 2. Type of Information Collection Request: Reinstatement with change of a previous approved information collection; Title of Information Collection: Medical Necessity and Claims Denial Disclosures under MHPAEA; Use: The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (Pub. L. 110-343) generally requires that group health plans and group health insurance issuers offering mental health or substance use disorder (MH/SUD) benefits in addition to medical and surgical (med/surg) benefits ensure that they do not apply any more restrictive financial requirements (e.g., co-pays, deductibles) and/or treatment limitations (e.g., visit limits) to MH/SUD benefits than those requirements and/or limitations applied to substantially all med/surg benefits. The Patient Protection and Affordable Care Act, Public Law 111-148, was enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, was enacted on March 30, 2010. These statutes are collectively known as the ``Affordable Care Act.'' The Affordable Care Act extended MHPAEA to apply to the individual health insurance market. Additionally, the Department of Health and Human Services (HHS) final regulation regarding essential health benefits (EHB) requires health insurance issuers offering non- grandfathered health insurance coverage in the individual and small group markets, through an Exchange or outside of an Exchange, to comply with the requirements of the MHPAEA regulations in order to satisfy the requirement to cover EHB (45 CFR 147.150 and 156.115). Medical Necessity Disclosure Under MHPAEA MHPAEA section 512(b) specifically amends the Public Health Service (PHS) Act to require plan administrators or health insurance issuers to provide, upon request, the criteria for medical necessity determinations made with respect to MH/SUD benefits to current or potential participants, beneficiaries, or contracting providers. The Interim Final Rules Under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (75 FR 5410, February 2, 2010) and the Final Rules under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 set forth rules for providing criteria for medical necessity determinations. CMS oversees non-Federal governmental plans and health insurance issuers. Claims Denial Disclosure Under MHPAEA MHPAEA section 512(b) specifically amends the PHS Act to require plan administrators or health insurance issuers to supply, upon request, the reason for any denial or reimbursement of payment for MH/ SUD services to the participant or beneficiary involved in the case. The Interim Final Rules Under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (75 FR 5410, February 2, 2010) and the Final Rules under the Paul Wellstone and Pete Domenici Mental Health Parity and [[Page 57986]] Addiction Equity Act of 2008 implement 45 CFR 146.136(d)(2), which sets forth rules for providing reasons for claims denial. CMS oversees non- Federal governmental plans and health insurance issuers, and the regulation provides a safe harbor such that non-Federal governmental plans (and issuers offering coverage in connection with such plans) are deemed to comply with requirements of paragraph (d)(2) of 45 CFR 146.136 if they provide the reason for claims denial in a form and manner consistent with ERISA requirements found in 29 CFR 2560.503-1. Section 146.136(d)(3) of the final rule clarifies that PHS Act section 2719 governing internal claims and appeals and external review as implemented by 45 CFR 147.136, covers MHPAEA claims denials and requires that, when a non-quantitative treatment limitation (NQTL) is the basis for a claims denial, that a non-grandfathered plan or issuer must provide the processes, strategies, evidentiary standard, and other factors used in developing and applying the NQTL with respect to med/ surg benefits and MH/SUD benefits. Disclosure Request Form Group health plan participants, beneficiaries, covered individuals in the individual market, or persons acting on their behalf, may use this optional model form to request information from plans regarding NQTLs that may affect patients' MH/SUD benefits or that may have resulted in their coverage being denied. Form Number: CMS-10307 (OMB control number: 0938-1080) ; Frequency: On Occasion; Affected Public: State, Local, or Tribal Governments, Private Sector, Individuals; Number of Respondents: 267,538; Number of Responses: 1,081,929; Total Annual Hours: 43,327. (For policy questions regarding this collection, contact Usree Bandyopadhyay at 410-786-6650.) Dated: December 5, 2017. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2017-26524 Filed 12-7-17; 8:45 am] BILLING CODE 4120-01-P
![57984 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices
Specifically, respondent’s leasing term, unless the representation Æ whether or not a security deposit is
advertisements prominently stated the is non-misleading, and the required; and
amount of the finance charge and the advertisement clearly and Æ that an extra charge may be
number of payments or period of conspicuously discloses all imposed at the end of the lease term
repayment for certain vehicles—all qualifications or restrictions on the where the consumer’s liability (if any) is
triggering terms under the TILA—but consumer’s ability to obtain the based on the difference between the
failed to disclose, or unclearly and represented financing or leasing term, residual value of the leased property
inconspicuously disclosed at the bottom including any qualifications or and its realized value at the end of the
of the ad in much smaller type, the restrictions that respondent’s lender, lease term.
required information set forth by the lessor, or any other entity may impose B. Fail to comply in any respect with
TILA. Finally, the complaint alleges that based on a consumer’s credit score or Regulation M, 12 CFR part 213, as
respondent’s leasing advertisements credit history. Additionally, if a amended, and the Consumer Leasing
violated the Consumer Leasing Act majority of consumers likely will not be Act, 15 U.S.C. 1667–1667f, as amended.
(CLA) and Regulation M by failing to able to meet a credit score qualification • Part IV requires respondent to
disclose or to disclose clearly and or restriction stated in the provide copies of the order to certain
conspicuously required terms. advertisement, respondent must clearly personnel and to obtain
Specifically, respondent’s and conspicuously disclose that fact. acknowledgments of receipt.
advertisements prominently stated the • Part I.D. provides that respondent • Part V requires respondent to file
monthly payment amounts for certain shall not misrepresent the number of compliance reports with the
vehicles—a triggering term under the vehicles, makes, or models that are Commission, including notices
CLA—but failed to disclose, or available for purchase or lease. regarding changes in corporate structure
unclearly and inconspicuously • Part I.E. provides that respondent that might affect compliance obligations
disclosed at the bottom of the ad in shall not misrepresent any other under the order. Part VI requires
much smaller type, the required material fact about the price, sale, respondent to create certain records for
information set forth by the CLA. financing, or leasing of any automobile. 15 years and to retain them for 5 years.
The proposed order is designed to • Part II of the order addresses the Part VII provides the Commission
prevent the respondent from engaging in TILA and Regulation Z allegations by certain mechanisms to monitor
similar deceptive practices in the future. prohibiting credit sale advertisements respondent’s compliance with the order.
• Definition B. of the order defines Part VIII is a provision that ‘‘sunsets’’
that:
‘‘clearly and conspicuously’’ to mean the order after 20 years, with certain
A. State the amount or percentage of
that required disclosures must be exceptions.
any down payment, the number of
difficult to miss (i.e., easily noticeable) The purpose of this analysis is to aid
payments or period of repayment, the
and easily understandable by ordinary public comment on the proposed order.
amount of any payment, or the amount
consumers, including that disclosures It is not intended to constitute an
must appear in the same language as the of any finance charge, without
disclosing clearly and conspicuously all official interpretation of the complaint
representation requiring the disclosure or proposed order, or to modify in any
is made (e.g. Spanish advertisement → of the following terms:
Æ The amount or percentage of the way the proposed order’s terms.
Spanish disclosure).
• Part I.A.1. provides that respondent down payment; By direction of the Commission.
shall not misrepresent the cost of Æ The terms of repayment; and Donald S. Clark,
financing the purchase of an Æ The annual percentage rate, using Secretary.
automobile, including by the term ‘‘annual percentage rate’’ or the [FR Doc. 2017–26443 Filed 12–7–17; 8:45 am]
misrepresenting the amount or abbreviation ‘‘APR.’’ If the annual
BILLING CODE P
percentage of the down payment, the percentage rate may be increased after
number of payments or period of consummation of the credit transaction,
repayment, the amount of any payment, that fact must also be disclosed; or
B. State a rate of finance charge DEPARTMENT OF HEALTH AND
and the repayment obligation over the HUMAN SERVICES
full term of the loan, including any without stating the rate as an ‘‘annual
balloon payment. percentage rate’’ or the abbreviation Centers for Medicare & Medicaid
• Part I.A.2. provides that respondent ‘‘APR,’’ using that term; or Services
shall not misrepresent the cost of C. Fail to comply in any respect with
leasing an automobile, including by Regulation Z, 12 CFR part 226, as [Document Identifiers: CMS–718–721 and
amended, and the Truth in Lending Act, CMS–10307]
misrepresenting the total amount due at
lease inception, the down payment, as amended, 15 U.S.C. 1601–1667f.
Agency Information Collection
amount down, acquisition fee, • Part III of the order addresses the
Activities: Submission for OMB
capitalized cost reduction, any other CLA and Regulation M allegations by
Review; Comment Request
amount required to be paid at lease prohibiting lease advertisements that:
inception, and the amounts of all A. State the amount of any payment AGENCY: Centers for Medicare &
monthly or other periodic payments. or that any or no initial payment is Medicaid Services.
• Part I.B. provides that respondent required at lease inception, without ACTION: Notice.
shall not misrepresent any qualification disclosing clearly and conspicuously
the following terms: SUMMARY: The Centers for Medicare &
sradovich on DSK3GMQ082PROD with NOTICES
or restriction on the consumer’s ability
to obtain the represented financing or Æ That the transaction advertised is a Medicaid Services (CMS) is announcing
leasing terms, including any lease; an opportunity for the public to
qualification or restriction based on the Æ the total amount due prior to or at comment on CMS’ intention to collect
consumer’s credit score or credit consummation or by delivery, if information from the public. Under the
history. delivery occurs after consummation; Paperwork Reduction Act of 1995
• Part I.C. provides that respondent Æ the number, amounts, and timing of (PRA), federal agencies are required to
shall not represent any financing or scheduled payments; publish notice in the Federal Register
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![57986 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices
Addiction Equity Act of 2008 Public: State, Local, or Tribal States’ and Territories’ child care
implement 45 CFR 146.136(d)(2), which Governments, Private Sector, programs. States must submit Plans to
sets forth rules for providing reasons for Individuals; Number of Respondents: ACF on or before July 2, 2018 for
claims denial. CMS oversees non- 267,538; Number of Responses: approval in order to receive funding on
Federal governmental plans and health 1,081,929; Total Annual Hours: 43,327. October 1, 2018 for FY 2019.
insurance issuers, and the regulation (For policy questions regarding this The Office of Child Care (OCC) has
provides a safe harbor such that non- collection, contact Usree revised the FY 2019–2021 CCDF Plan
Federal governmental plans (and issuers Bandyopadhyay at 410–786–6650.) Preprint to align with the CCDF Final
offering coverage in connection with Dated: December 5, 2017. Rule published on September 30, 2016.
such plans) are deemed to comply with William N. Parham, III, In making the revisions, consideration
requirements of paragraph (d)(2) of 45 Director, Paperwork Reduction Staff, Office was given to minimize the burden of the
CFR 146.136 if they provide the reason of Strategic Operations and Regulatory collection of information on
for claims denial in a form and manner Affairs. respondents. The Plan, submitted via
consistent with ERISA requirements [FR Doc. 2017–26524 Filed 12–7–17; 8:45 am] the ACF–118, is required triennially,
found in 29 CFR 2560.503–1. Section BILLING CODE 4120–01–P and will remain in effect for three years.
146.136(d)(3) of the final rule clarifies
that PHS Act section 2719 governing Due to unanticipated events,
internal claims and appeals and external including challenges faced by States and
DEPARTMENT OF HEALTH AND
review as implemented by 45 CFR Territories in implementing portions of
HUMAN SERVICES
147.136, covers MHPAEA claims the comprehensive and unprecedented
denials and requires that, when a non- Administration for Children and background check requirements, the
quantitative treatment limitation Families OCC has re-examined the
(NQTL) is the basis for a claims denial, implementation deadline to give States
that a non-grandfathered plan or issuer Agency Recordkeeping/Reporting and Territories an opportunity to apply
must provide the processes, strategies, Requirements Under Emergency for additional time (up to two years, in
evidentiary standard, and other factors Review by the Office of Management one year increments) to meet the most
used in developing and applying the and Budget (OMB); Comment Request challenging parts of the background
NQTL with respect to med/surg benefits check requirements as long as specific
Title: Child Care and Development
and MH/SUD benefits. milestones are met. These developments
Fund Plan for States/Territories for FFY
required OCC to delay submission of the
Disclosure Request Form 2019–2021(ACF–118).
OMB No.: 0970–0114. CCDF Plan Preprint for review and
Group health plan participants, Description: The Child Care and approval by OMB because the process
beneficiaries, covered individuals in the Development Fund (CCDF) Plan (the and criteria for requesting additional
individual market, or persons acting on Plan) for States and Territories is time will be carried out as part of the
their behalf, may use this optional required from each CCDF Lead agency Plan submission process. The delay
model form to request information from in accordance with Section 658E of the prevented OCC from completing the
plans regarding NQTLs that may affect Child Care and Development Block regular Paperwork Reduction Act
patients’ MH/SUD benefits or that may Grant Act of 1990, (CCDBG Act), as clearance process that includes two
have resulted in their coverage being amended, CCDBG Act of 2014 (Pub. Law Federal Register notices and comment
denied. Form Number: CMS–10307 113–186), and 42 U.S.C 9858. The Plan periods.
(OMB control number: 0938–1080) ; provides ACF and the public with a Respondents: State and Territory
Frequency: On Occasion; Affected description of, and assurance about, the CCDF Lead Agencies (56)
ANNUAL BURDEN ESTIMATES
Number of Average
Number of Total burden
Instrument responses per burden hours
respondents hours
respondent per response
ACF–118 .......................................................................................................... 56 0.33 200 3,696
Estimated Total Annual Burden submit comments on the revised ACF– Officer for ACF, Email address:
Hours: 3,696. 118. Comments and questions about the Stephanie_J_Tatham@omb.eop.gov.
Additional Information: information collection described above
ACF is requesting that Office of Robert Sargis,
should be directed to the following
Management and Budget (OMB) grant a addresses within 30 days of publication Reports Clearance Officer.
180-day approval for the FY 2019–2012 of this notice: Administration for [FR Doc. 2017–26472 Filed 12–7–17; 8:45 am]
CCDF State/Territory Plan Preprint Children and Families, Office of BILLING CODE 4184–43–P
(ACF–118) under procedures for Planning, Research, and Evaluation,
emergency processing by January 31, Attn: ACF Reports Clearance Officer,
2018. A copy of this information
sradovich on DSK3GMQ082PROD with NOTICES
infocollection@acf.hhs.gov, and Office
collection may be obtained by
of Information and Regulatory Affairs,
contacting Valentina Ntim, Child Care
Office of Management and Budget,
Program Specialist, at (202) 205–8398.
Paperwork Reduction Project, Desk
Email address: valentina.ntim@
acf.hhs.gov
This notice provides for a single 30-
day comment period for the public to
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Document Created: 2017-12-08 01:43:33
Document Modified: 2017-12-08 01:43:33
| 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 January 8, 2018. | |
| Contact | William Parham at (410) 786-4669. | |
| FR Citation | 82 FR 57984 |
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