23936 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Notices 

vehicles or related services must 

include: (1) Two copies of the agency 

authorization; (2) The number of 

vehicles and related services required 

and period of use; (3) A list of 

employees who are authorized to 

request the vehicles or related services; 

(4) A listing of equipment authorized to 

be serviced; and (5) Billing instructions 

and address. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the Federal 

Acquisition Regulations (FAR), and 

whether it will have practical utility; 

whether our estimate of the public 

burden of this collection of information 

is accurate, and based on valid 

assumptions and methodology; ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

ways in which we can minimize the 

burden of the collection of information 

on those who are to respond, through 

the use of appropriate technological 

collection techniques or other forms of 

information technology. 

B. Annual Reporting Burden 

The time required to read and prepare 

information is estimated at 1 hour. Per 

a data search in the Federal 

Procurement Data System, 

approximately 120 contracting agencies 

awarded cost reimbursable contracts in 

Fiscal Year 2012. Of these agencies, it is 

estimated that approximately fifty 

percent, or 60, contracting agencies may 

utilize the IFMS to provide vehicles to 

contractors for official purposes only. 

We are not aware of a centralized 

database which captures information on 

agencies’ use of the IFMS for this 

information collection; however, 

agencies annually report motor vehicle 

fleet data using the GSA Federal 

Automotive Statistical Tool (FAST), a 

web-based reporting tool cosponsored 

by GSA and the Department of Energy. 

Based on information in the Fiscal Year 

2011 report, the estimate of 60 

contracting agencies that may utilize the 

IFMS to provide vehicles to contractors 

is reasonable. It is estimated that an 

average of 3 contractors per agency may 

request to use the IFMS for a total of 

approximately 180 requests per year. 

The requests should be limited because 

certain travel costs are allowable under 

cost-reimbursement contracts, including 

the costs of contractor-owned or -leased 

automobiles. FAR 31.205–46(d) 

provides that these costs are allowable, 

if reasonable, to the extent that the 

automobiles are used for company 

business. 

Estimated respondents/yr: 180. 

Number of Responses annually: 1. 

Total annual responses: 180. 

Estimated hrs/response: 1. 

Estimated total burden/hrs: 180. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (MVCB), 1275 

First Street NE., Washington, DC 20417, 

telephone (202) 501–4755. 

Please cite OMB Control No. 9000– 

0032, Contractor Use of Interagency 

Fleet Management System Vehicles, in 

all correspondence. 

Dated: April 17, 2013. 

William Clark, 

Acting Director, Federal Acquisition Policy 

Division, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

[FR Doc. 2013–09446 Filed 4–22–13; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Notice of Interest Rate on Overdue 

Debts 

Section 30.18 of the Department of 

Health and Human Services’ claims 

collection regulations (45 CFR part 30) 

provides that the Secretary shall charge 

an annual rate of interest, which is 

determined and fixed by the Secretary 

of the Treasury after considering private 

consumer rates of interest on the date 

that the Department of Health and 

Human Services becomes entitled to 

recovery. The rate cannot be lower than 

the Department of Treasury’s current 

value of funds rate or the applicable rate 

determined from the ‘‘Schedule of 

Certified Interest Rates with Range of 

Maturities’’ unless the Secretary waives 

interest in whole or part, or a different 

rate is prescribed by statute, contract, or 

repayment agreement. The Secretary of 

the Treasury may revise this rate 

quarterly. The Department of Health and 

Human Services publishes this rate in 

the Federal Register. 

The current rate of 101⁄8%, as fixed by 

the Secretary of the Treasury, is certified 

for the quarter ended March 31, 2013. 

This rate is based on the Interest Rates 

for Specific Legislation, ‘‘National 

Health Services Corps Scholarship 

Program (42 U.S.C. 250(B)(1)(A))’’ and 

‘‘National Research Service Award 

Program (42 U.S.C. 288(c)(4)(B)).’’ This 

interest rate will be applied to overdue 

debt until the Department of Health and 

Human Services publishes a revision. 

Dated: April 17, 2013. 

Margie Yanchuk, 

Director, Office of Financial Policy and 

Reporting. 

[FR Doc. 2013–09578 Filed 4–22–13; 8:45 am] 

BILLING CODE 4150–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–9996–N4] 

Early Retiree Reinsurance Program 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice sets forth 

termination dates for several processes 

under the Early Retiree Reinsurance 

Program (ERRP) in preparation for the 

January 1, 2014 program sunset date. 

These operational processes, which 

involve plan sponsors and other parties, 

include: the submission of changes to 

information in a plan sponsor’s ERRP 

application; the reporting of plan 

sponsor change of ownership; the 

submission of reimbursement requests; 

the reporting and correction of data 

inaccuracies; and the request for 

reopenings of reimbursement 

determinations. 

DATES: Effective Date: This notice is 

effective April 19, 2013. 

FOR FURTHER INFORMATION CONTACT: 

David Mlawsky, (410) 786–6851. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Patient Protection and Affordable 

Care Act (Pub. L. 111–148) was enacted 

on March 23, 2010, and the Health Care 

and Education Reconciliation Act of 

2010 (Reconciliation Act) (Pub. L. 111– 

152) was enacted on March 30, 2010. 

These laws are collectively referred to as 

‘‘Affordable Care Act.’’ Section 1102 of 

the Affordable Care Act directs the 

Secretary of Health and Human Services 

(HHS) to establish the temporary Early 

Retiree Reinsurance Program (ERRP) to 

provide reimbursement to eligible 

sponsors of employment-based plans for 

a portion of the costs of providing 

health coverage to early retirees (and 

eligible spouses, surviving spouses, and 

dependents of such retirees), during the 

period beginning on the date on which 

the program is established, and ending 

on January 1, 2014 (the ERRP sunset 

date). Section 1102(a)(l) of the 

Affordable Care Act required the 

Secretary to establish the program 

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Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Notices 23937 

1See Common Question 100–8, under the 

Application tab in the Common Questions section 

of www.errp.gov. 

2To meet this deadline, a plan sponsor must take 

into account the timeframe it may take to submit 

a new Early Retiree List (if its most recent one has 

expired), an error-free Claim List, and a 

Reimbursement Request. A plan sponsor must also 

take into account the timeframes for CMS to make 

available to the plan sponsor an Early Retiree List 

Response File (up to 7 business days), and a Claim 

List Response File (2–4 calendar days). See all 

relevant training and guidance materials at 

www.errp.gov. 

3See Explanation of the Processes for Reporting 

Early Retiree and Claims Data Inaccuracies, and for 

Continued 

within 90 days of enactment of the law 

(by June 21, 2010). Section 1102(e) of 

the Affordable Care Act appropriates 

funding of $5 billion for the temporary 

program. 

In the May 5, 2010 Federal Register 

(75 FR 24450), we published an interim 

final regulation with comment period, 

implementing the program as of June 1, 

2010. Subsequently, we published 

several guidance documents that further 

detailed program requirements and 

operations in various sections of the 

rule (see the Regulations and Guidance 

section and the Common Questions 

section on the ERRP public Web site at 

www.errp.gov). Collectively, the 

regulations and guidance set forth 

various requirements and processes 

associated with participation in the 

ERRP. These requirements and 

processes include mandatory activities, 

such as how to report and correct 

previously submitted data inaccuracies, 

as well as elective activities, such as 

requesting a reopening of a 

reimbursement determination. 

Several of these requirements and 

processes require access to the ERRP 

Secure Web site. The ERRP Secure Web 

site is used by plan sponsors to 

complete several important operations, 

such as submitting corrections to data 

inaccuracies and requesting 

reimbursement. As part of ending the 

program, we are planning for the ERRP 

Secure Web site to eventually be taken 

offline and archived and to conclude the 

remaining operational processes. 

This notice sets forth the termination 

dates for several operational processes, 

including those that involve plan 

sponsors’ reporting and submitting of 

information, in preparation for 

implementing the January 1, 2014 

sunset date. 

However, this notice does not limit 

the requirements in the ERRP 

regulations at 45 CFR 149.350, which 

require plan sponsors (and 

subcontractors, if applicable) to 

maintain and furnish to the HHS 

Secretary upon request, certain records 

enumerated in those regulations. Such 

records must be maintained for 6 years 

after the expiration of the plan year in 

which the costs were incurred, or longer 

if otherwise required by law. These 

timeframes set forth in 45 CFR 149.350 

continue to apply, notwithstanding the 

ERRP sunset date or any other dates set 

forth in this notice. 

II. Provisions of This Notice 

This notice describes how five 

operational processes will be impacted 

by the January 1, 2014 sunset date: (1) 

Reporting changes to information in 

ERRP applications; (2) reporting change 

of ownership; (3) submitting 

reimbursement requests; (4) reporting 

and submitting corrections to data 

inaccuracies; and (5) requesting the 

Secretary to reopen and revise an 

adverse reimbursement determination. 

Presented below are the specifics of how 

these operational processes will be 

impacted. 

A. Date After Which Plan Sponsors No 

Longer Must Report Changes to 

Information in Their ERRP Applications 

The ERRP regulations at 45 CFR 

149.35 require a plan sponsor that 

wishes to participate in the ERRP to 

submit an application to the Secretary, 

in the manner and at the time required 

by the Secretary, as specified in 45 CFR 

149.40. The application must contain all 

the information specified in 45 CFR 

149.40 to be approved. Currently, a plan 

sponsor with an approved application is 

required to report updates to 

information contained in its 

application.1 CMS expects plan 

sponsors to update by December 31, 

2013, all information that they know is 

inaccurate. Contact and banking 

information should be updated in the 

ERRP Secure Web site. 

All other application information 

should be updated by amendment of the 

paper ERRP application. After December 

31, 2013, plan sponsors will no longer 

be required to update information 

contained in either their paper 

application or the ERRP Secure Web 

site. Any plan sponsor that is the subject 

of an active audit as of December 31, 

2013, still will be required to keep both 

CMS and the ERRP Program Integrity 

Contractor informed of the most current 

contact information for their Authorized 

Representative, Account Manager, and 

any other critical points of contact, until 

such time that the audit is completed. 

The plan sponsor must communicate 

changes to contact information by 

phone call or email to the ERRP Contact 

Center and ERRP Program Integrity 

Contractor. 

B. Date After Which Plan Sponsors No 

Longer Must Report Change of 

Ownership 

The ERRP regulations at 45 CFR 

149.700 define change of ownership, 

and require plan sponsors that are 

considering or negotiating a change of 

ownership to notify the Secretary at 

least 60 days before the anticipated 

effective date of the change. In 

preparation for the ERRP sunset date, a 

plan sponsor need not notify the 

Secretary of any such change of 

ownership in instances where the 

anticipated effective date of the change 

would occur after December 31, 2013. 

C. Last Date Plan Sponsors May Submit 

Reimbursement Requests 

The ERRP regulations at 45 CFR 

149.300 state: ‘‘Reimbursement under 

this program is conditioned upon the 

provision of accurate information by the 

plan sponsor or its designee. The 

information must be submitted, in a 

form and manner and at the times 

provided in this subpart and other 

guidance specified by the Secretary.’’ In 

various guidance documents published 

on www.errp.gov, CMS specified the 

form, manner, and times for submitting 

reimbursement requests. As part of 

ending the program, we are planning for 

the ERRP Secure Web site to eventually 

be taken offline and archived, and to 

conclude the remaining operational 

processes. In preparation for the ERRP 

sunset date, the last day upon which a 

plan sponsor may submit an ERRP 

reimbursement request is July 31, 2013.2

This termination date will allow for a 

phase down of ERRP operational 

processes related to the ERRP Secure 

Web site. 

D. Date After Which Plan Sponsors Are 

No Longer Required To Submit 

Corrections to Data Inaccuracies 

The ERRP regulations at 45 CFR 

149.600 state: ‘‘A sponsor is required to 

disclose any data inaccuracies upon 

which a reimbursement determination 

is made, including inaccurate claims 

data and negotiated price concessions, 

in a manner and at a time specified by 

the Secretary in guidance.’’ CMS 

specified the form, manner, and times 

for submitting corrections to data 

inaccuracies in various guidance 

documents published on www.errp.gov. 

The primary guidance document setting 

forth how plan sponsors must correct 

data inaccuracies states that plan 

sponsors must submit a reimbursement 

request that includes corrected data, no 

later than the end of the next calendar 

quarter after the plan sponsor knows, or 

should know, of the data inaccuracy.3

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23938 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Notices 

Reopening, under the Regulations and Guidance 

section at www.errp.gov. 

4See footnotes 2 and 3. However, as discussed 

above, a sponsor that knows or should know, before 

or on April 30, 2013, of any data inaccuracy 

contained in a reimbursement request for a plan 

year for which a reimbursement determination was 

made, must submit a reimbursement request with 

corrected data by July 31, 2013, rather than by no 

later than the end of the next calendar quarter after 

the sponsor knows or should know of the data 

inaccuracy. 

5See footnote 3. 

Because the process for submitting 

corrections to data inaccuracies 

leverages the process for submitting 

reimbursement requests, we have 

concluded that plan sponsors will no 

longer be required to submit corrections 

to data inaccuracies after July 31, 2013, 

that is, the last day upon which a plan 

sponsor may submit an ERRP 

reimbursement request. This means that 

plan sponsors that know or should 

know, before or on April 30, 2013, of 

any data inaccuracy contained in a 

reimbursement request for a plan year 

for which a reimbursement 

determination was made, must submit 

corrections to the data inaccuracy in a 

manner consistent with the ERRP 

regulations and guidance.4 A plan 

sponsor that does not know with 

certainty its final amount of price 

concessions for a given plan year, but 

knows or should know, as of April 30, 

2013, of estimates that vary from 

previously reported price concession 

amounts for that plan year, must 

consider those previous amounts to 

constitute data inaccuracies, and 

therefore is required to report and 

correct that data by July 31, 2013. 

E. Last Day Plan Sponsors May Submit 

a Request To Reopen and Revise an 

Adverse Reimbursement Determination 

The ERRP regulations at 45 CFR 

149.610 permit the Secretary to reopen 

and revise a reimbursement 

determination upon the Secretary’s own 

motion or upon the request of a plan 

sponsor. The regulations, as well as 

guidance published on www.errp.gov,5

set forth the process by which a plan 

sponsor may request a reopening, as 

well as other information related to 

reopenings. In preparation for the ERRP 

sunset date, the last day upon which a 

plan sponsor may submit an ERRP 

reopening request is December 31, 2013. 

III. Collection of Information 

Requirements 

Under the Paperwork Reduction Act 

of 1995, we are required to provide 60- 

day notice in the Federal Register and 

solicit public comment before a 

collection of information requirement is 

submitted to the Office of Management 

and Budget (OMB) for review and 

approval. The information collection 

requirements associated with the ERRP 

are currently approved under OMB 

control number 0938–1087, with an 

expiration date of September 30, 2014. 

This document does not impose any 

new information collection and 

recordkeeping requirements beyond the 

prior estimates in the supporting 

statement for the interim final rule, 

CMS–9995–IFC. Consequently, it need 

not be reviewed by the Office of 

Management and Budget under the 

authority of the Paperwork Reduction 

Act of 1995. 

Authority: Sections 1102(a)(l) of the 

Affordable Care Act (42 U.S.C. § 18002(a)(l) 

and(c)(4)). 

Dated: April 16, 2013. 

Marilyn Tavenner, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. 2013–09541 Filed 4–19–13; 11:15 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; Report of a New 

Routine Use for Selected CMS 

Systems of Records 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Altered Systems Notice, Adding 

a New Routine Use to Selected CMS 

Systems of Records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974 

(5 U.S.C. 552a), CMS is adding a new 

routine use for emergency preparedness 

and response to eight CMS systems of 

records. The new routine use will 

authorize CMS to disclose beneficiaryidentifiable records to public health 

authorities and entities acting under a 

delegation of authority of a public 

health authority requesting such 

information for the purpose of 

identifying vulnerable individuals who 

may need health assistance in the event 

of an incident, emergency or disaster, 

and for purposes of planning and 

providing such assistance. Disclosures 

made pursuant to the new routine use 

will be limited to the minimum data 

necessary to carry out statutorilyauthorized public health-related 

emergency preparedness and response 

activities, as provided in Section 1106 

of the Social Security Act (42 U.S.C. 

1306) and the HIPAA Privacy Rule at 45 

CFR §§ 154.502, 164.512(b), 164.502(b) 

and 164.514(d)(3)(iii)(A). Requests and 

disclosures made pursuant to the 

routine use will be coordinated through 

HHS’ Office of the Assistant Secretary 

for Preparedness and Response (ASPR). 

The eight systems of records that will 

include the new routine use are: the 

National Claims History (NCH), System 

No. 09–70–0558; Medicare Integrated 

Data Repository (IDR), System No. 09– 

70–0571; Common Working Files 

(CWF), System No. 09–70–0526; 

Enrollment Database (EDB), System No. 

09–70–0502; Medicare Beneficiary 

Database (MBD), System No. 09–70– 

0536; Medicare Drug Data Processing 

System (DDPS), System No. 09–70– 

0553; Long Term Care-Minimum Data 

Set (MDS), System No. 09–70–0528; and 

Home Health Agency (HHA) Outcome 

and Assessment Information Set 

(OASIS), System No. 09–70–0522. 

DATES: Effective Date: The new routine 

use described in this notice will become 

effective without further notice 30 days 

after publication of this notice in the 

Federal Register, unless comments 

received on or before that date result in 

revisions to this notice. 

ADDRESSES: The public should send 

comments to: CMS Privacy Officer, 

Division of Privacy Policy, Privacy 

Policy and Compliance Group, Office of 

E-Health Standards & Services, Office of 

Enterprise Management, CMS, Room 

S2–24–25, 7500 Security Boulevard, 

Baltimore, Maryland 21244–1850. 

Comments received will be available for 

review at this location, by appointment, 

during regular business hours, Monday 

through Friday from 9:00 a.m.–3:00 

p.m., Eastern Time zone. 

FOR FURTHER INFORMATION CONTACT: 

Kristen P. Finne, Senior Program 

Analyst U.S. Department of Health and 

Human Services, Office of the Assistant 

Secretary for Preparedness and 

Response (ASPR), Office of Policy and 

Planning, Division of Health System 

Policy (HSP), Patriots Plaza, 375 E Street 

SW., Office 11–1701, Washington DC 

20024, Office telephone: 202–691–2013, 

Blackberry: 202–439–1140, Email: 

kristen.finne@hhs.gov. 

SUPPLEMENTARY INFORMATION: The new 

routine use will improve the ability of 

HHS’ Assistant Secretary for 

Preparedness and Response (ASPR), in 

partnership with HHS’ Centers for 

Medicare & Medicaid Services, to assist 

public health authorities and entities 

acting under a delegation of authority of 

a public health authority in identifying 

vulnerable individuals who may need 

health assistance prior to, during, and in 

the aftermath of an incident, emergency 

or disaster that poses an adverse health 

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