[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16789-16790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7106]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

[Document Identifier CMS-10373]


Emergency Clearance: Public Information Collection Requirements 
Submitted to the Office of Management and Budget (OMB)

AGENCY: Center for Medicare and Medicaid Services, HHS.

    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid 
Services (CMS), Department of Health and Human Services, is publishing 
the following summary of proposed collections for public comment. 
Interested persons are invited to send comments regarding this 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.
    We are, however, requesting an emergency review of the information 
collection referenced below. In compliance with the requirement of 
section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have 
submitted to the Office of Management and Budget (OMB) the following 
requirements for emergency review. We are requesting an emergency 
review because the collection of this information is needed before the 
expiration of the normal time limits under OMB's regulations at 5 CFR 
1320(a)(2)(ii). This is necessary to ensure compliance with an 
initiative of the Administration.
    1. Type of Information Collection Request: New collection; Title of 
Information Collection: Medical Loss Ratio Quarterly Reporting; Use: 
Under Section 2718 of the Affordable Care Act and implementing 
regulations at 45 CFR part 158 (75 FR 74865, December 1, 2010), a 
health insurance issuer (issuer) offering group or individual health 
insurance coverage must submit a report to the Secretary concerning the 
amount the issuer spends each year on claims, quality improvement 
expenses, non-claims costs, Federal and State taxes and licensing or 
regulatory fees, and the amount of earned premium. An issuer must 
provide an annual rebate to enrollees if the amount it spends on 
certain costs compared to its premium revenue (excluding Federal and 
States taxes and licensing or regulatory fees) does not meet a certain 
ratio, referred to as the medical loss ratio (MLR). An interim final 
rule (IFR) implementing the MLR was published on December 1, 2010 (75 
FR 74865), which added part 158 to Title 45 of the Code of Federal 
Regulations. The IFR is effective January 1, 2011. Issuers are required 
to submit annual MLR reporting data for each large group market, small 
group market, and individual market within each State in which the 
issuer conducts business. For policies that have a total annual limit 
of $250,000 or less (sometimes referred to as ``mini-med plans'') and 
for policies that primarily cover employees working outside the United 
States (referred to as ``expatriate plans''), the IFR applies a special 
circumstance adjustment to the MLR data for the 2011 MLR reporting 
year. In order to evaluate the appropriateness of this special 
circumstance adjustment for years 2012 and beyond, issuers that provide 
such policies are required to submit quarterly MLR data to the 
Secretary for the 2011 MLR reporting year. Form Number: CMS-10373; 
Frequency: Quarterly submissions for each respondent; Affected Public: 
Private Sector: Business or other for-profits and Not-for-profit 
institutions; Number of Respondents: 75; Number of Responses: 1,125; 
Total Annual Hours: 70,200. (For policy questions regarding this 
collection, contact Carol Jimenez at (301) 492-4109. For all other 
issues call (410) 786-1326.)
    CMS is requesting OMB review and approval of this collection by May 
1, 2011, with a 180-day approval period. Written comments and 
recommendations will be considered from the public if received by the 
individuals designated below by April 25, 2011.
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS' 
Web site address at http://www.cms.hhs.gov/regulations/pra or E-mail 
your request, including your address, phone number, OMB number, and CMS 
document identifier, to <a href="/cdn-cgi/l/email-protection#ffaf9e8f9a8d88908d94bf9c928cd197978cd1989089"><span class="__cf_email__" data-cfemail="edbd8c9d889f9a829f86ad8e809ec385859ec38a829b">[email protected]</span></a>, or call the Reports 
Clearance Office on (410) 786-1326.
    Interested persons are invited to send comments regarding the 
burden or any other aspect of these collections of information 
requirements. However, as noted above, comments on these

[[Page 16790]]

information collection and recordkeeping requirements must be mailed 
and/or faxed to the designees referenced below by April 25, 2011.
    1. Electronically. You may submit 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) 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.
    3. By Facsimile or E-mail to OMB. OMB, Office of Information and 
Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-
6974, E-mail: <a href="/cdn-cgi/l/email-protection#014e4853405e7274636c687272686e6f416e6c632f646e712f666e77"><span class="__cf_email__" data-cfemail="d49b9d86958ba7a1b6b9bda7a7bdbbba94bbb9b6fab1bba4fab3bba2">[email protected]</span></a>.

    Dated: March 18, 2011.
Martique Jones,
Director, Regulations Development Group, Division B, Office of 
Strategic Operations and Regulatory Affairs.
[FR Doc. 2011-7106 Filed 3-24-11; 8:45 am]
BILLING CODE 4120-01-P


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