SUPPLEMENTARY INFORMATION:

Contents

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

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 Collections

1. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: State Data for the Medicare Modernization Act (MMA) ; Use: The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) requires CMS to calculate the payment rates for the Phased-Down State Contribution (PDSC) for Part D each year using the latest available National Health Expenditure (NHE) estimates of per capita drug expenditure growth for the period 2003 to 2006, combined with the annual percentage increase (API) in average per capita aggregate Part D expenditures for 2007 and later years, as defined in section 1860D-2(b)(6) of the Social Security Act.

Section 103(a)(2) of the MMA addresses the PDSC process for the Medicare program. The PDSC is a partial recoupment from the states of ongoing Medicaid drug costs for dually eligible beneficiaries assumed by Medicare under the MMA, which (absent the MMA) would have been paid for by the states.

As CMS leverages MMA data on dual eligibility status into systems supporting all four parts of the Medicare program (which includes Original Medicare, Medicare Advantage, and Part D), it is important that dual eligibility status is accurate and up to date. Dual eligibility status can change at any time in a month. Daily status updates mitigate the risk of a lack of access to the correct level of benefit at the correct level of payment. Daily data exchange is critical to timely access to affordable benefits; without daily exchanges, CMS would experience a lag in its ability to automatically enroll these individuals in Medicare drug plans or deem them automatically eligible for the low-income subsidy for Part D premiums, deductibles, and copayments.

Since 2005, states have been submitting files at least monthly to CMS to identify all dually eligible beneficiaries. This includes full-benefit dually eligible beneficiaries and partial-benefit dually eligible beneficiaries ( i.e., those who get Medicaid help with Medicare premiums, and often for cost-sharing but are not otherwise eligible for Medicaid-covered services). The file is called the “MMA file” (after the Medicare Prescription Drug, ( printed page 65747) Improvement and Modernization Act of 2003) and is occasionally referred to as the “state phase-down file.” Federal regulations at 42 CFR 423.910 require states to submit files daily. The Medicare Advantage Prescription Drug (MAPD) State User Guide (SUG) contains technical guidance for the state and file layouts of the MMA request and response files. Regulations governing MMA file data collection require Medicaid agencies in each of the fifty states and the District of Columbia (hereafter referred to as states) to submit at least one monthly file, including all known dually eligible beneficiaries, and subsequent daily files that provide updates for changes in dual eligibility status (accretions, deletions, and changes).

This submission is a revision of the currently approved collection with technical revisions to the MAPD SUG. Form Number: CMS-10143 (OMB control number: 0938-0958) ; Frequency: Daily ; Affected Public: State Governments ; Number of Respondents: 51 ; Total Annual Responses: 51; Total Annual Hours: 4,896. (For policy questions regarding this collection contact Christopher DeYoung at ModernizetheMSPs@cms.hhs.gov.)