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[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50060-50062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19963]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10190, CMS-R-52, CMS-10492 and CMS-10416]

Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect

[[Page 50061]]

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 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 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 must be received by October 15, 2013:

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number (OCN). 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' 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 Paperwork@cms.hhs.gov.
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: Reports Clearance Office 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-10190 State Plan Preprints to Implement Sections 6083, 6036, 
6041, 6042, 6043, and 6044 of the Deficit Reduction Act (DRA) of 2005
    CMS-R-52 Conditions for Coverage of Suppliers of End Stage Renal 
Disease (ESRD) Services and Supporting Regulations
    CMS-10492 Data Submission for the Federally-facilitated Exchange 
User Fee Adjustment
    CMS-10416 Blueprint for Approval of Affordable Health Insurance 
Marketplaces
    Under the Paperwork Reduction Act (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: Reinstatement without 
change of a previously approved collection; Title of Information 
Collection: State Plan Preprints to Implement Sections 6083, 6036, 
6041, 6042, 6043, and 6044 of the Deficit Reduction Act (DRA) of 2005; 
Use: State Medicaid agencies will complete the templates. We will 
review the information to determine if the state has met all of the DRA 
requirements that the state has chosen to implement. If the 
requirements are met, we will approve the amendments to the state's 
Title XIX plan giving the state the authority to implement the 
flexibilities. For a state to receive Medicaid Title XIX funding, there 
must be an approved Title XIX state plan. With respect to section 6043, 
if a state adopts the cost-sharing provision for the non-emergency use 
of an emergency room, a hospital will be required to inform a 
beneficiary of the cost of the copayment and the availability of the 
service at a lesser or nearly no co-pay facility. That hospital will 
coordinate the referral. Form Number: CMS-10190 (OCN: 0938-0993); 
Frequency: Occasionally; Affected Public: Private sector--Business or 
other for-profits, Not-for-profit institutions, and State, Local, or 
Tribal Governments; Number of Respondents: 56; Total Annual Responses: 
4,016; Total Annual Hours: 699. (For policy questions regarding this 
collection contact Rhonda Simms at 410-786-1200.)
    2. Type of Information Collection Request: Reinstatement with 
change of a previously approved collection; Title of Information 
Collection: Conditions for Coverage of Suppliers of End Stage Renal 
Disease (ESRD) Services and Supporting Regulations; Use: The 
information collection requirements described herein are part of the 
Medicare and Medicaid Programs; Conditions for Coverage for End-Stage 
Renal Disease Facilities. The requirements fall into two categories: 
Record keeping requirements and reporting requirements. With regard to 
the record keeping requirements, we use these conditions for coverage 
to certify health care facilities that want to participate in the 
Medicare or Medicaid programs. For the reporting requirements, the 
information is needed to assess and ensure proper distribution and 
effective utilization of ESRD treatment resources while maintaining or 
improving quality of care. The recordkeeping requirements imposed by 
this collection are no different than other conditions for coverage in 
that they reflect comparable standards developed by industry 
organizations such as the Renal Physicians Association, American 
Society of Transplant Surgeons, National Kidney Foundation, and the 
National Association of Patients on Hemodialysis and Transplantation. 
Form Number: CMS-R-52 (OCN: 0938-0386); Frequency: Annually; Affected 
Public: Business or other for-profit; Number of Respondents: 6,464; 
Total Annual Responses: 139,110; Total Annual Hours: 523,454. (For 
policy questions regarding this collection contact Lauren Oviatt at 
410-786-4683.)
    3. Type of Information Collection Request: New collection (Request 
for a new OMB control number); Title of Information Collection: Data 
Submission for the Federally-facilitated Exchange User Fee Adjustment; 
Use: The final rule ``Coverage of Certain Preventive Services Under the

[[Page 50062]]

Affordable Care Act'' published by the Departments of Health and Human 
Services (HHS), the Treasury, and Labor on July 2, 2013 (78FR 39870), 
sets forth regulations regarding coverage for certain preventive 
services under section 2713 of the Public Health Service Act, as added 
by the Patient Protection and Affordable Care Act, as amended, and 
incorporated into the Employee Retirement Income Security Act of 1974 
and the Internal Revenue Code. Section 2713 of the Public Health 
Service Act requires coverage without cost sharing of certain 
preventive health services, including certain contraceptive services, 
in non-exempt, non-grandfathered group health plans and health 
insurance coverage. The final rule establishes accommodations with 
respect to group health plans established or maintained by eligible 
organizations (and group health insurance coverage offered in 
connection with such plans).
    Eligible organizations are required to self-certify that they are 
eligible for this accommodation and provide a copy of such self-
certification to their third party administrators. The final rule also 
set forth processes and standards to fund the payments for the 
contraceptive services that are provided for participants and 
beneficiaries in self-insured plans of eligible organizations under the 
accommodation described previously, through an adjustment in the 
Federally-facilitated Exchange (FFE) user fee payable by an issuer 
participating in an FFE.
    In order to facilitate the FFE user fee adjustment, and ensure that 
these user fee adjustments reflect payments for contraceptive services 
provided under this accommodation and that the adjustment is applied to 
the appropriate participating issuer in an FFE, the final rule requires 
an information collection from applicable participating issuers and 
third party administrators. In particular, the final regulations at 45 
CFR 156.50(d)(2)(i) provides that a participating issuer who seeks an 
FFE user fee adjustment must submit to HHS in the year following the 
benefit year in which payments for contraceptive services were made 
under the previously mentioned accommodation, identifying information 
for the participating issuer, each third party administrator, and each 
self-insured group health plan, as well as the total dollar amount of 
the payments for contraceptive services that were provided during the 
applicable calendar year under the accommodation. The final regulation 
at 45 CFR 156.50(d)(2)(iii) also requires the third party administrator 
to submit to HHS identifying information for the third party 
administrator, the participating issuer, and each self-insured group 
health plan, as well as the total number of participants and 
beneficiaries in each self-insured group health plan during the 
applicable calendar year, the total dollar amount of payments made for 
contraceptive services, and an attestation that the payments for 
contraceptive services were made in compliance with 26 CFR 54.9815-
2713A(b)(2) or 29 CFR 2590.715-2713A(b)(2).
    Furthermore, to determine the potential number of submissions 
provided by third party administrators and allow HHS to prepare to 
receive submissions in calendar year 2015, the final regulation at 45 
CFR 156.50(d)(2)(ii) requires third party administrators to submit to 
HHS a notification that the third party administrator intends for a 
participating issuer to seek an FFE user fee adjustment, by the later 
of January 1, 2014, or the 60th calendar day following the date on 
which the third party administrator receives a copy of a self-
certification from an eligible organization.
    The burden associated with these processes includes the time for 
applicable participating issuers and third party administrators to 
submit identifying information and total payments made for 
contraceptive services in the prior calendar year. HHS is unable to 
estimate the number of organizations that will seek user fee 
adjustments and seeks comments on this number in this notice. We 
anticipate that participating issuers in an FFE seeking a user fee 
adjustment and third party administrators with respect to which the FFE 
user fee adjustment is received will submit this information 
electronically. Form Number: CMS-10492 (OCN: 0938-NEW); Frequency: 
Once, Yearly; Affected Public: Private Sector--Business or other for-
profits and Not-for-profit institutions; Number of Respondents: 10; 
Total Annual Responses: 1; Total Annual Hours: 8. (For policy questions 
regarding this collection contact Ariel Novick at 301-492-4309.)
    4. Type of Information Collection Request: Revision of a currently 
approved collection. Title of Information Collection: Blueprint for 
Approval of Affordable Health Insurance Marketplaces; Use: All states 
(including the 50 States, and the District of Columbia herein referred 
to as states) have the opportunity under Section 1311(b) of the 
Affordable Care Act to establish an Exchange (referred to herein as 
Marketplace). The original information collection request for the State 
Marketplace Blueprint Data Collection Tool specified a single reporting 
tool for all the various Marketplace types. This request revises the 
collection process by having separate collection tools for each type of 
Marketplace with the goal of reducing the burden. Also, at the time of 
the original request, the tool was partially paper-based. During the 
intervening time, we have has completed the on-line implementation of 
the tool and will transition all future applications to that system.
    Given the innovative nature of Marketplaces and the statutorily-
prescribed relationship between the secretary and states in their 
development and operation, it is critical that the Secretary work 
closely with states to provide necessary guidance and technical 
assistance to ensure that states can meet the prescribed timelines, 
federal requirements, and goals of the statute.
    States seeking to establish a Marketplace must build a Marketplace 
that meets the requirements set out in section 1311(d) of the 
Affordable Care Act and 45 CFR 155.105. In order to ensure that a state 
seeking approval as a State-based Marketplace, State-based SHOP, or 
State Partnership Marketplace in the Federally-facilitated Marketplace 
meet all applicable requirements, the Secretary will require a state to 
submit a Blueprint for approval and to demonstrate operational 
readiness through virtual or on-site readiness review. Submission of 
the Blueprint Application will be online. Form Number: CMS-10416 (OCN: 
0938-1172); Frequency: Once; Affected Public: State, Local, or Tribal 
governments; Number of Respondents: 51; Number of Responses: 63; Total 
Annual Hours: 11,283. (For policy questions regarding this collection 
contact Sarah Summer 301-492-4443.)

    Dated: August 13, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2013-19963 Filed 8-15-13; 8:45 am]
BILLING CODE 4120-01-P
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