83_FR_60655 83 FR 60428 - Agency Information Collection Activities: Proposed Collection; Comment Request

83 FR 60428 - Agency Information Collection Activities: Proposed Collection; Comment Request

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

Federal Register Volume 83, Issue 227 (November 26, 2018)

Page Range60428-60429
FR Document2018-25700

The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including 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.

Federal Register, Volume 83 Issue 227 (Monday, November 26, 2018)
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60428-60429]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25700]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10286, CMS-10440 and CMS-10507]


Agency Information Collection Activities: Proposed Collection; 
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 (the PRA), federal agencies are required to publish notice 
in the Federal Register concerning each proposed collection of 
information (including each proposed extension or reinstatement of an 
existing collection of information) and to allow 60 days for public 
comment on the proposed action. Interested persons are invited to send 
comments regarding our burden estimates or any other aspect of this 
collection of information, including 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 must be received by January 25, 2019.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted in any one of the following ways:
    1. Electronically. You may send your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection document(s) that are accepting comments.
    2. By regular mail. You may mail written comments to the following 
address: CMS, Office of Strategic Operations and Regulatory Affairs, 
Division of Regulations Development, Attention: Document Identifier/OMB 
Control Number__, Room C4-26-05, 7500 Security Boulevard, Baltimore, 
Maryland 21244-1850.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may make 
your request using one of following:
    1. Access CMS' website address at website 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 Paperwork@cms.hhs.gov.
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: William Parham at (410) 786-1326.

SUPPLEMENTARY INFORMATION: 

Contents

    This notice sets out a summary of the use and burden associated 
with the following information collections. More detailed information 
can be found in each collection's supporting statement and associated 
materials (see ADDRESSES).

CMS-10286 Notice of Research Exception under the Genetic Information 
Nondiscrimination Act
CMS-10440 Data Collection to Support Eligibility Determinations for 
Insurance Affordability Programs and Enrollment through Affordable 
Insurance Exchanges, Medicaid and Children's Health Insurance Program 
Agencies (CMS-10440)
CMS-10507 State-based Exchange Annual Report Tool (SMART)

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain 
approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. The term 
``collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA requires federal agencies 
to publish a 60-day notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
or reinstatement of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, CMS is publishing this notice.

Information Collection

    1. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Notice of 
Research Exception under the Genetic Information Nondiscrimination Act; 
Use: Under the Genetic Information Nondiscrimination Act of 2008 
(GINA), a plan or issuer may request (but not require) a genetic test 
in connection with certain research activities so long as such 
activities comply with specific requirements, including: (i) The 
research complies with 45 CFR part 46 or equivalent federal regulations 
and applicable State or local law or regulations for the protection of 
human subjects in research; (ii) the request for the participant or 
beneficiary (or in the case of a minor child, the legal guardian of 
such beneficiary) is made in writing and clearly indicates that 
compliance with the request is voluntary and that non-compliance will 
have no effect on eligibility for benefits or premium or contribution 
amounts; and (iii) no genetic information collected or acquired will be 
used for underwriting purposes. The Secretary of Labor or the Secretary 
of Health and Human Services is required to be notified if a group 
health plan or health insurance issuer intends to claim the research 
exception permitted under Title I of GINA. Nonfederal governmental 
group health plans and issuers solely in the individual health 
insurance market or Medigap market will be required to file with the 
Centers for Medicare & Medicaid Services (CMS). The Notice of Research 
Exception under the Genetic Information Nondiscrimination Act is a 
model notice that can be completed by group health plans and health 
insurance issuers and filed with either the Department of Labor or CMS 
to comply with the notification requirement. Form Number: CMS-10286 
(OMB control number 0938-1077); Frequency: Occasionally; Affected 
Public: State, Local or Tribal Governments; Private Sector; Number of 
Respondents: 2; Number of Responses: 2; Total Annual Hours: 0.5. (For 
policy questions regarding this collection contact Usree Bandyopadhyay 
at 410-786-6650.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of

[[Page 60429]]

Information Collection: Data Collection to Support Eligibility 
Determinations for Insurance Affordability Programs and Enrollment 
through Affordable Insurance Exchanges, Medicaid and Children's Health 
Insurance Program Agencies; Use: Information collected by the 
Marketplace, Medicaid or CHIP agency will be used to determine 
eligibility for coverage through the Marketplace and insurance 
affordability programs (i.e., Medicaid, CHIP, and advance payment of 
the premium tax credits), and assist consumers in enrolling in a QHP if 
eligible. Applicants include anyone who may be eligible for coverage 
through any of these programs.
    The Marketplace verifies the information provided on the 
application, communicates with the applicant or his/her authorized 
representative and subsequently provides the information to the health 
plan selected by the applicant so that it can enroll him/her in a QHP. 
The Marketplace also uses the information provided in support of its 
ongoing operations, including activities such as verifying continued 
eligibility for all programs, processing appeals, reporting on and 
managing the insurance affordability programs for eligible individuals, 
performing oversight and quality control activities, combatting fraud, 
and responding to any concerns about the security or confidentiality of 
the information. Form Number: CMS-10440 (OMB control number: 0938-
1191); Frequency: Annually; Affected Public: Private Sector (Business 
or other for-profits, Not-for-Profit Institutions); Number of 
Respondents: 4,662,000; Total Annual Responses: 4,662,000; Total Annual 
Hours: 946,386. (For policy questions regarding this collection contact 
Anne Pesto at 410-786-3492.)
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: State-based 
Exchange Annual Report Tool (SMART); Use: The annual report is the 
primary vehicle to insure comprehensive compliance with all reporting 
requirements contained in the Affordable Care Act (ACA). It is 
specifically called for in Section 1313(a)(1) of the Act which requires 
an State Based Exchange (SBEs) (including an Exchange using the Federal 
Platform) to keep an accurate accounting of all activities, receipts, 
and expenditures, and to submit a report annually to the Secretary 
concerning such accounting.
    CMS and other Federal agencies use the information collected from 
the SMART to determine if a state is maintaining a compliant, 
operational Exchange. It also provides a mechanism to collect 
innovative approaches to meeting challenges encountered by the SBEs 
during the preceding year, as well as to provide information to CMS 
regarding potential changes in priorities and approaches for the 
upcoming year. Form Number: CMS-10507 (OMB control number: 0938-1244); 
Frequency: Annually; Affected Public: State, Local, or Tribal 
governments; Number of Respondents: 17; Total Annual Responses: 17; 
Total Annual Hours: 3,415. (For policy questions regarding this 
collection contact Christy Woods at 301-492-5140.)

    Dated: November 20, 2018.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2018-25700 Filed 11-23-18; 8:45 am]
 BILLING CODE 4120-01-P



     60428                      Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices

     been delegated the authority to sign                    instructions for ‘‘Comment or                         concerning each proposed collection of
     Federal Register notices pertaining to                  Submission’’ or ‘‘More Search Options’’               information, including each proposed
     announcements of meetings and other                     to find the information collection                    extension or reinstatement of an existing
     committee management activities, for                    document(s) that are accepting                        collection of information, before
     both the Centers for Disease Control and                comments.                                             submitting the collection to OMB for
     Prevention and the Agency for Toxic                       2. By regular mail. You may mail                    approval. To comply with this
     Substances and Disease Registry.                        written comments to the following                     requirement, CMS is publishing this
                                                             address: CMS, Office of Strategic                     notice.
     Sherri Berger,
                                                             Operations and Regulatory Affairs,
     Chief Operating Officer, Centers for Disease                                                                  Information Collection
                                                             Division of Regulations Development,
     Control and Prevention.                                                                                          1. Type of Information Collection
                                                             Attention: Document Identifier/OMB
     [FR Doc. 2018–25589 Filed 11–23–18; 8:45 am]            Control Number__, Room C4–26–05,                      Request: Extension of a currently
     BILLING CODE 4163–18–P                                  7500 Security Boulevard, Baltimore,                   approved collection; Title of
                                                             Maryland 21244–1850.                                  Information Collection: Notice of
                                                               To obtain copies of a supporting                    Research Exception under the Genetic
     DEPARTMENT OF HEALTH AND                                statement and any related forms for the               Information Nondiscrimination Act;
     HUMAN SERVICES                                          proposed collection(s) summarized in                  Use: Under the Genetic Information
                                                             this notice, you may make your request                Nondiscrimination Act of 2008 (GINA),
     Centers for Medicare & Medicaid                                                                               a plan or issuer may request (but not
     Services                                                using one of following:
                                                               1. Access CMS’ website address at                   require) a genetic test in connection
     [Document Identifier: CMS–10286, CMS–                   website address at https://www.cms.gov/               with certain research activities so long
     10440 and CMS–10507]                                    Regulations-and-Guidance/Legislation/                 as such activities comply with specific
                                                             PaperworkReductionActof1995/PRA-                      requirements, including: (i) The
     Agency Information Collection                           Listing.html.                                         research complies with 45 CFR part 46
     Activities: Proposed Collection;                          2. Email your request, including your               or equivalent federal regulations and
     Comment Request                                         address, phone number, OMB number,                    applicable State or local law or
                                                             and CMS document identifier, to                       regulations for the protection of human
     AGENCY: Centers for Medicare &
                                                             Paperwork@cms.hhs.gov.                                subjects in research; (ii) the request for
     Medicaid Services.
                                                               3. Call the Reports Clearance Office at             the participant or beneficiary (or in the
     ACTION: Notice.                                                                                               case of a minor child, the legal guardian
                                                             (410) 786–1326.
     SUMMARY:    The Centers for Medicare &                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                   of such beneficiary) is made in writing
     Medicaid Services (CMS) is announcing                   William Parham at (410) 786–1326.                     and clearly indicates that compliance
     an opportunity for the public to                                                                              with the request is voluntary and that
                                                             SUPPLEMENTARY INFORMATION:
     comment on CMS’ intention to collect                                                                          non-compliance will have no effect on
     information from the public. Under the                  Contents                                              eligibility for benefits or premium or
     Paperwork Reduction Act of 1995 (the                                                                          contribution amounts; and (iii) no
                                                               This notice sets out a summary of the
     PRA), federal agencies are required to                                                                        genetic information collected or
                                                             use and burden associated with the
     publish notice in the Federal Register                                                                        acquired will be used for underwriting
                                                             following information collections. More
     concerning each proposed collection of                                                                        purposes. The Secretary of Labor or the
                                                             detailed information can be found in
                                                                                                                   Secretary of Health and Human Services
     information (including each proposed                    each collection’s supporting statement
                                                                                                                   is required to be notified if a group
     extension or reinstatement of an existing               and associated materials (see
                                                                                                                   health plan or health insurance issuer
     collection of information) and to allow                 ADDRESSES).
                                                                                                                   intends to claim the research exception
     60 days for public comment on the                       CMS–10286 Notice of Research                          permitted under Title I of GINA.
     proposed action. Interested persons are                   Exception under the Genetic                         Nonfederal governmental group health
     invited to send comments regarding our                    Information Nondiscrimination Act                   plans and issuers solely in the
     burden estimates or any other aspect of                 CMS–10440 Data Collection to                          individual health insurance market or
     this collection of information, including                 Support Eligibility Determinations for              Medigap market will be required to file
     the necessity and utility of the proposed                 Insurance Affordability Programs and                with the Centers for Medicare &
     information collection for the proper                     Enrollment through Affordable                       Medicaid Services (CMS). The Notice of
     performance of the agency’s functions,                    Insurance Exchanges, Medicaid and                   Research Exception under the Genetic
     the accuracy of the estimated burden,                     Children’s Health Insurance Program                 Information Nondiscrimination Act is a
     ways to enhance the quality, utility, and                 Agencies (CMS–10440)                                model notice that can be completed by
     clarity of the information to be                        CMS–10507 State-based Exchange                        group health plans and health insurance
     collected, and the use of automated                       Annual Report Tool (SMART)                          issuers and filed with either the
     collection techniques or other forms of                   Under the PRA (44 U.S.C. 3501–                      Department of Labor or CMS to comply
     information technology to minimize the                  3520), federal agencies must obtain                   with the notification requirement. Form
     information collection burden.                          approval from the Office of Management                Number: CMS–10286 (OMB control
     DATES: Comments must be received by                     and Budget (OMB) for each collection of               number 0938–1077); Frequency:
     January 25, 2019.                                       information they conduct or sponsor.                  Occasionally; Affected Public: State,
     ADDRESSES: When commenting, please                      The term ‘‘collection of information’’ is             Local or Tribal Governments; Private
     reference the document identifier or                    defined in 44 U.S.C. 3502(3) and 5 CFR                Sector; Number of Respondents: 2;
     OMB control number. To be assured                       1320.3(c) and includes agency requests                Number of Responses: 2; Total Annual
     consideration, comments and                             or requirements that members of the                   Hours: 0.5. (For policy questions
     recommendations must be submitted in                    public submit reports, keep records, or               regarding this collection contact Usree
     any one of the following ways:                          provide information to a third party.                 Bandyopadhyay at 410–786–6650.)
       1. Electronically. You may send your                  Section 3506(c)(2)(A) of the PRA                         2. Type of Information Collection
     comments electronically to http://                      requires federal agencies to publish a                Request: Extension of a currently
     www.regulations.gov. Follow the                         60-day notice in the Federal Register                 approved collection; Title of


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                                Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices                                           60429

     Information Collection: Data Collection                 maintaining a compliant, operational                  ADDRESSES:   Written comments can be
     to Support Eligibility Determinations for               Exchange. It also provides a mechanism                sent to: CMS Privacy Act Officer,
     Insurance Affordability Programs and                    to collect innovative approaches to                   Division of Security, Privacy Policy &
     Enrollment through Affordable                           meeting challenges encountered by the                 Governance, Information Security &
     Insurance Exchanges, Medicaid and                       SBEs during the preceding year, as well               Privacy Group, Office of Information
     Children’s Health Insurance Program                     as to provide information to CMS                      Technology, CMS, 7500 Security Blvd.,
     Agencies; Use: Information collected by                 regarding potential changes in priorities             Baltimore, MD 21244–1870, Mailstop:
     the Marketplace, Medicaid or CHIP                       and approaches for the upcoming year.                 N3–15–25, or by email to: walter.stone@
     agency will be used to determine                        Form Number: CMS–10507 (OMB                           cms.hhs.gov. Comments received will be
     eligibility for coverage through the                    control number: 0938–1244); Frequency:                available for review at this location, by
     Marketplace and insurance affordability                 Annually; Affected Public: State, Local,              appointment, during regular business
     programs (i.e., Medicaid, CHIP, and                     or Tribal governments; Number of                      hours, Monday through Friday from
     advance payment of the premium tax                      Respondents: 17; Total Annual                         9:00 a.m. to 3:00 p.m.
     credits), and assist consumers in                       Responses: 17; Total Annual Hours:
     enrolling in a QHP if eligible.                                                                               FOR FURTHER INFORMATION CONTACT:   If
                                                             3,415. (For policy questions regarding
     Applicants include anyone who may be                                                                          you have questions about the matching
                                                             this collection contact Christy Woods at
     eligible for coverage through any of                                                                          program, you may contact Jack Lavelle,
                                                             301–492–5140.)
     these programs.                                                                                               Senior Advisor, Marketplace Eligibility
                                                                Dated: November 20, 2018.                          and Enrollment Group, Center for
        The Marketplace verifies the
     information provided on the                             William N. Parham, III,                               Consumer Information and Insurance
     application, communicates with the                      Director, Paperwork Reduction Staff, Office           Oversight, CMS, 7501 Wisconsin Ave.,
     applicant or his/her authorized                         of Strategic Operations and Regulatory                Bethesda, MD 20814, (410) 786–0639, or
                                                             Affairs.                                              by email at Jack.Lavelle1@cms.hhs.gov.
     representative and subsequently
     provides the information to the health                  [FR Doc. 2018–25700 Filed 11–23–18; 8:45 am]
                                                                                                                                      The
                                                                                                                   SUPPLEMENTARY INFORMATION:
     plan selected by the applicant so that it               BILLING CODE 4120–01–P
                                                                                                      Privacy Act of 1974, as amended (5
     can enroll him/her in a QHP. The                                                                 U.S.C. 552a) provides certain
     Marketplace also uses the information                                                            protections for individuals applying for
     provided in support of its ongoing                      DEPARTMENT OF HEALTH AND
                                                             HUMAN SERVICES                           and receiving federal benefits. The law
     operations, including activities such as                                                         governs the use of computer matching
     verifying continued eligibility for all                                                          by federal agencies when records in a
                                                             Centers for Medicare & Medicaid
     programs, processing appeals, reporting                                                          system of records (meaning, federal
                                                             Services
     on and managing the insurance                                                                    agency records about individuals
     affordability programs for eligible                     Privacy Act of 1974; Matching Program retrieved by name or other personal
     individuals, performing oversight and                                                            identifier) are matched with records of
     quality control activities, combatting                  AGENCY: Centers for Medicare &           other federal or non-federal agencies.
     fraud, and responding to any concerns                   Medicaid Services (CMS), Department      The Privacy Act requires agencies
     about the security or confidentiality of                of Health and Human Services (HHS)       involved in a matching program to:
     the information. Form Number: CMS–
                                                             ACTION: Notice of a New Matching           1. Enter into a written agreement,
     10440 (OMB control number: 0938–
                                                             Program.                                 which must be prepared in accordance
     1191); Frequency: Annually; Affected
     Public: Private Sector (Business or other                                                        with the Privacy Act, approved by the
                                                             SUMMARY: In accordance with subsection Data Integrity Board of each source and
     for-profits, Not-for-Profit Institutions);              (e)(12) of the Privacy Act of 1974, as
     Number of Respondents: 4,662,000;                                                                recipient federal agency, provided to
                                                             amended, the Department of Health and Congress and the Office of Management
     Total Annual Responses: 4,662,000;                      Human Services (HHS), Centers for
     Total Annual Hours: 946,386. (For                                                                and Budget (OMB), and made available
                                                             Medicare & Medicaid Services (CMS) is    to the public, as required by 5 U.S.C.
     policy questions regarding this                         providing notice of a new matching
     collection contact Anne Pesto at 410–                                                            552a(o), (u)(3)(A), and (u)(4).
                                                             program between CMS and the Peace
     786–3492.)                                              Corps, ‘‘Verification of Eligibility for   2. Notify the individuals whose
        3. Type of Information Collection                                                             information   will be used in the
                                                             Minimum Essential Coverage Under the
     Request: Revision of a currently                                                                 matching program that the information
                                                             Patient Protection and Affordable Care
     approved collection; Title of                                                                    they provide is subject to verification
                                                             Act Through a Peace Corps Health
     Information Collection: State-based                                                              through matching, as required by 5
                                                             Benefit Plan.’’
     Exchange Annual Report Tool                                                                      U.S.C. 552a(o)(1)(D).
     (SMART); Use: The annual report is the                  DATES: The deadline for comments on
                                                                                                        3. Verify match findings before
     primary vehicle to insure                               this notice is December 26, 2018.The re-
                                                                                                      suspending, terminating, reducing, or
     comprehensive compliance with all                       established matching program will
                                                                                                      making a final denial of an individual’s
     reporting requirements contained in the                 commence not sooner than 30 days after
                                                                                                      benefits or payments or taking other
     Affordable Care Act (ACA). It is                        publication of this notice, provided no
                                                                                                      adverse action against the individual, as
     specifically called for in Section                      comments are received that warrant a
                                                                                                      required by 5 U.S.C. 552a(p).
     1313(a)(1) of the Act which requires an                 change to this notice. The matching
     State Based Exchange (SBEs) (including                  program will be conducted for an initial   4. Report the matching program to
     an Exchange using the Federal Platform)                 term of 18 months (from approximately    Congress and the OMB, in advance and
     to keep an accurate accounting of all                   January 2019 to June 2020) and within    annually, as required by 5 U.S.C.
     activities, receipts, and expenditures,                 3 months of expiration may be renewed 552a(o) (2)(A)(i), (r), and (u)(3)(D).
     and to submit a report annually to the                  for one additional year if the parties     5. Publish advance notice of the
     Secretary concerning such accounting.                   make no change to the matching           matching program in the Federal
        CMS and other Federal agencies use                   program and certify that the program     Register as required by 5 U.S.C.
     the information collected from the                      has been conducted in compliance with 552a(e)(12). This matching program
     SMART to determine if a state is                        the matching agreement.                  meets these requirements.


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Document Created: 2018-11-24 00:52:04
Document Modified: 2018-11-24 00:52:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received by January 25, 2019.
ContactWilliam Parham at (410) 786-1326.
FR Citation83 FR 60428 

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