[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86567-86568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28851]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers CMS-10650 and CMS-10715]


Agency Information Collection Activities: Proposed Collection; 
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 (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 March 1, 2021.

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. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.

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-10650--State Permissions for Enrollment in Qualified Health Plans 
in the Federally-Facilitated Exchange & Non-Exchange Entities
CMS-10715--Transparency in Coverage

    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

[[Page 86568]]

Information Collection: State Permissions for Enrollment in Qualified 
Health Plans in the Federally-Facilitated Exchange & Non-Exchange 
Entities; Use: On March 23, 2010, the Patient Protection and Affordable 
Care Act (PPACA; Pub. L. 111-148) was signed into law and on March 30, 
2010, the Health Care and Education Reconciliation Act of 2010 (Pub. L. 
111-152) was signed into law. The two laws implement various health 
insurance policies.
    This information collection request (ICR) serves as the renewal of 
the data collection clearance related to the ability of states to 
permit agents and brokers, as well as Web-brokers, to assist qualified 
individuals, qualified employers, or qualified employees enrolling in 
Qualified Health Plans in the Federally Facilitated Exchange (45 CFR 
155.220) and data collection requirements related to non-exchange 
entities. (45 CFR 155.260). [All references to Sec.  155.220 shall mean 
45 CFR 155.220.] Form Number: CMS-10650; Frequency: Annually; Affected 
Public: Private Sector, State, Business, and Not-for Profits; Number of 
Respondents: 55,148; Number of Responses: 55,148; Total Annual Hours: 
272,707. (For questions regarding this collection, contact Michele 
Oshman at (301-492-4407).
    2. Type of Information Collection Request: New collection (Request 
for a new OMB control number); Title of Information Collection: 
Transparency in Coverage; Use: The final rules titled ``Transparency in 
Coverage,'' published November 12, 2020 (85 FR 72158), establish 
requirements for group health plans and health insurance issuers 
offering non-grandfathered coverage in the individual and group markets 
to disclose to a participant, beneficiary, or enrollee (or an 
authorized representative on behalf of such individual) the consumer-
specific estimated cost-sharing liability for covered items or services 
from a particular provider, thereby allowing a participant, 
beneficiary, or enrollee to obtain an accurate estimate and 
understanding of their potential out-of-pocket expenses and to 
effectively shop for covered items and services. Plans and issuers are 
required to make such information available for covered items and 
services through an internet-based self-service tool, and, if 
requested, in paper form. The internet-based self-service tool must 
allow participants, beneficiaries, or enrollees to search for cost-
sharing information for a covered item or service by inputting the name 
of a specific in-network provider in conjunction with a billing code or 
descriptive term, as well as other relevant factors such as location of 
service, facility name, or dosage. In addition, the final rules require 
that the tool allow the user to refine and reorder search results based 
on geographic proximity of in-network providers. For covered items and 
services provided by out-of-network providers, the tool must provide 
the out-of-network allowed amount, percentage of billed charges, or 
other rates that provide a reasonably accurate estimate of the amount a 
plan or issuer will pay by allowing consumers to input a billing code, 
descriptive code, or other relevant factor, such as location.
    The final rules also require plans and issuers to publicly disclose 
applicable rates with in-network providers, including negotiated rates; 
historical data outlining the different billed charges and allowed 
amounts a plan or issuer has paid for covered items or services, 
including prescription drugs, furnished by out-of-network providers; 
and negotiated rates and historical net prices for covered prescription 
drugs furnished by in-network providers through three machine-readable 
files (an In-network Rate File, Allowed Amount File, and Prescription 
Drug File). The machine-readable files must be posted publicly on an 
internet website and updated on a monthly basis. Form Number: CMS-10715 
(OMB control number 0938-1372); Frequency: Frequently; Affected Public: 
Public and Private sectors; Number of Respondents: 908; Total Annual 
Responses: 74,460; Total Annual Hours: 28,618,546. (For policy 
questions regarding this collection contact Russell Tipps at 301-492-
4371).

    Dated: December 23, 2020.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2020-28851 Filed 12-29-20; 8:45 am]
BILLING CODE 4120-01-P