[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Notices]
[Pages 78853-78855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26862]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10265, CMS-10171 and CMS-P-0015A]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
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 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 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 6, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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 https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.
    2. 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.

[[Page 78854]]

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: Revision with change of 
a currently approved collection; Title of Information Collection: 
Mandatory Insurer Reporting Requirements of Section 111 of the 
Medicare, Medicaid and SCHIP Act of 2007; Use: The Centers for Medicare 
& Medicaid Services (CMS) collects various data elements from the 
applicable reporting entities (see supporting documents) for purposes 
of carrying out the mandatory MSP reporting requirements of Section 111 
of the Medicare, Medicaid and SCHIP Extension Act. This information is 
used to ensure that Medicare makes payment in the proper order and/or 
takes necessary recovery actions. 42 U.S.C. 1395y(b)(7)(A)(i)(II) was 
updated by the Substance Use-Disorder Prevention that Promotes Opioid 
Recovery and Treatment (SUPPORT) for Patients and Communities Act. 
Section 4002 of the SUPPORT Act also applies to Section 111 that 
requires Group Health Plan (GHP) reporting of primary prescription drug 
coverage.
    MSP is generally divided into ``pre-payment'' and ``post-payment'' 
activities. Pre-payment activities are generally designed to stop 
mistaken primary payments in situations where Medicare should be 
secondary. Medicare post-payment activities are designed to recover 
mistaken payments or conditional payments made by Medicare where there 
is a contested liability insurance (including self-insurance), no-fault 
insurance, or workers' compensation which has resulted in a settlement, 
judgment, award, or other payment. CMS specialty contractors perform 
most of the MSP activity pre-payment.
    The information is collected from applicable reporting entities for 
the purpose of coordination of benefits and the recovery of mistaken 
and conditional payments. Section 111 mandates the reporting of 
information in the form and manner specified by the Secretary, DHHS. 
Data the Secretary collects is necessary for both pre-payment and post-
payment coordination of benefit purposes, including necessary recovery 
actions.
    Both GHP and NGHP entities have had and continue to have the 
responsibility for determining when they are primary to Medicare and to 
pay appropriately, even without the mandatory Section 111 process. 
Insurers should always collect the NGHP, GHP and GHP prescription drug 
information that CMS requires in connection with Section 111 of the 
MMSEA. Form Number: CMS-10265 (OMB control number: 0938-1074); 
Frequency: Yearly; Affected Public: Private Sector, Business or other 
for-profits; Number of Respondents: 21,141; Total Annual Responses: 
8,079,697; Total Annual Hours: 618,060. (For policy questions regarding 
this collection contact Richard Mazur at 410-786-1418.)
    2. Type of Information Collection Request: Revision with change of 
a currently approved collection; Title of Information Collection: Part 
D Coordination of Benefits Data; Use: Sections 1860D-23 and 1860D-24 of 
the Act require the Secretary to establish requirements for 
prescription drug plans to promote effective coordination between Part 
D plans and SPAPs and other payers. These Part D Coordination of 
Benefits (COB) requirements have been codified into the Code of Federal 
Regulations at 42 CFR 423.464. In particular, CMS' requirements relate 
to the following elements: (1) Enrollment file sharing; (2) claims 
processing and payment; (3) claims reconciliation reports; (4) 
application of the protections against high out-of-pocket expenditures 
by tracking TrOOP expenditures; and (5) other processes that the 
Secretary determines.
    This information collection assists CMS, pharmacists, Part D plans, 
and other payers coordinate prescription drug benefits at the point-of-
sale and track beneficiary True out-of-pocket (TrOOP) expenditures 
using the Part D Transaction Facilitator (PDTF).
    The collected information will be used by Part D plans, other 
health insurers or payers, pharmacies and CMS to coordinate 
prescription drug benefits provided to the Medicare beneficiary. Part D 
plans share data with each other and with CMS. The types of data 
collected for sharing include enrollment data, other health insurance 
information, TrOOP and Gross drug spending and supplemental payer data. 
Form Number: CMS-10171 (OMB control number: 0938-0978); Frequency: 
Yearly; Affected Public: State, Local, or Tribal Governments; Number of 
Respondents: 63,910; Total Annual Responses: 770,855,926; Total Annual 
Hours: 938,065. (For policy questions regarding this collection contact 
Chad Buskirk at 410-786-1630.)
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Medicare Current 
Beneficiary Survey; Use: CMS is the largest single payer of health care 
in the United States. The agency plays a direct or indirect role in 
administering health insurance coverage for more than 120 million 
people across the Medicare, Medicaid, CHIP, and Exchange populations. A 
critical aim for CMS is to be an effective steward, major force, and 
trustworthy partner in supporting innovative approaches to improving 
quality, accessibility, and affordability in healthcare. CMS also aims 
to put patients first in the delivery of their health care needs.
    The Medicare Current Beneficiary Survey (MCBS) is the most 
comprehensive and complete survey available on the Medicare population 
and is essential in capturing data not otherwise collected through our 
operations. The MCBS is a nationally-representative, longitudinal 
survey of Medicare beneficiaries that we sponsor and is directed by the 
Office of Enterprise Data and Analytics (OEDA). The survey is usually 
conducted in-person but can also be conducted by phone. It captures 
beneficiary information whether aged or disabled, living in the 
community or facility, or serviced by managed care or fee-for-service. 
Data produced as part of the MCBS are enhanced with our administrative 
data (e.g., fee-for-service claims, prescription drug event data, 
enrollment, etc.) to provide users with more accurate and complete 
estimates of total health care costs and utilization. The MCBS has been 
continuously fielded for more than 28 years, encompassing over 1 
million interviews and more than 100,000 survey participants. 
Respondents participate in up to 11 interviews over a four-year period. 
This gives a comprehensive picture of health care costs and utilization 
over a period of time.
    The MCBS continues to provide unique insight into the Medicare 
program and helps CMS and our external stakeholders better understand 
and evaluate the impact of existing programs and significant new policy 
initiatives. In the past, MCBS data have been used to assess potential 
changes to the Medicare program. For example, the MCBS was instrumental 
in supporting the development and implementation of the Medicare 
prescription drug benefit by providing a means to evaluate prescription 
drug costs and out-of-pocket burden for these drugs to Medicare 
beneficiaries. Beginning in 2021, this proposed revision to the

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clearance will add a few new measures to existing questionnaire 
sections and will add a new COVID-19 Questionnaire section previously 
approved by OMB on August 7, 2020 under Emergency Clearance 0938-1379. 
The revisions will result in an increase in respondent burden due to 
the addition of the new items.
    Form Number: CMS-P-0015A (OMB: 0938-0568); Frequency: Occasionally; 
Affected Public: Business or other for-profits and Not-for-profit 
institutions; Number of Respondents: 13,656; Total Annual Responses: 
35,998; Total Annual Hours: 53,176 (For policy questions regarding this 
collection contact William Long at 410-786-7927.)

    Dated: December 2, 2020.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2020-26862 Filed 12-4-20; 8:45 am]
BILLING CODE 4120-01-P