Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices 78969 

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 with change of a 

previously approved information 

collection; Title of Information 

Collection: Rate Increase Disclosure and 

Review Reporting Requirements; Use: 

Section 1003 of the Affordable Care Act 

adds a new section 2794 of the PHS Act 

which directs the Secretary of the 

Department of Health and Human 

Services (the Secretary), in conjunction 

with the states, to establish a process for 

the annual review of ‘‘unreasonable 

increases in premiums for health 

insurance coverage.’’ The statute 

provides that health insurance issuers 

must submit to the Secretary and the 

applicable state justifications for 

unreasonable premium increases prior 

to the implementation of the increases. 

Section 2794 also specifies that 

beginning with plan years beginning in 

2014, the Secretary, in conjunction with 

the states, shall monitor premium 

increases of health insurance coverage 

offered through an Exchange and 

outside of an Exchange. 

Section 2794 directs the Secretary to 

ensure the public disclosure of 

information and justification relating to 

unreasonable rate increases. The 

regulation therefore develops a process 

to ensure the public disclosure of all 

such information and justification. 

Section 2794 requires that health 

insurance issuers submit justification 

for an unreasonable rate increase to both 

us and the relevant state prior to its 

implementation. Additionally, section 

2794 requires that rate increases 

effective in 2014 (submitted for review 

in 2013) be monitored by the Secretary, 

in conjunction with the states. To those 

ends the regulation establishes various 

reporting requirements for health 

insurance issuers, including a 

Preliminary Justification for a proposed 

rate increase, a Final Justification for 

any rate increase determined by a state 

or CMS to be unreasonable, and a 

notification requirement for 

unreasonable rate increases which the 

issuer will not implement. 

On November 14, 2013, we issued a 

letter to State Insurance Commissioners 

outlining transitional policy for nongrandfathered coverage in the small 

group and individual health insurance 

markets. If permitted by applicable State 

authorities, health insurance issuers 

may choose to continue coverage that 

would otherwise be terminated or 

cancelled, and affected individuals and 

small businesses may choose to reenroll in such coverage. Under this 

transitional policy, non-grandfathered 

health insurance coverage in the 

individual or small group market that is 

renewed for a policy year starting 

between January 1, 2014, and October 1, 

2014, will not be considered to be out 

of compliance with certain market 

reforms if certain specific conditions are 

met. These transitional plans continue 

to be subject to the requirements of 

section 2794, but are not subject to 2701 

(market rating rules), 2702 (guaranteed 

availability), 2704 (prohibition on 

health status rating), 2705 (prohibition 

on health status discrimination) and 

2707 (requirements of essential health 

benefits) and the because the single risk 

pool (1311(e)) is dependent on all of the 

aforementioned sections (2701, 2702, 

2704, 2705 and 2707), the transitional 

plans are also exempt from the single 

risk pool The Unified Rate Review 

Template and system are exclusively 

designed for use with the single risk 

pool plan, and any attempt to include 

non-single risk pool plans in the Unified 

Rate Review template or system will 

create errors, inaccuracies and 

limitations on submissions that would 

prevent the effectiveness of reviews of 

both sets of non-grandfathered plans 

(single risk pool and transitional). For 

these many reasons, we are requiring 

issuers with transitional plans that 

experience rate increases subject to 

review to use the Rate Review 

Justification system and templates 

which were required and utilized prior 

to April 1, 2013. Form Number: CMS– 

10379 (OCN: 0938–1141); Frequency: 

Annual; Affected Public: Private Sector, 

State Governments; Number of 

Respondents: 81; Number of Responses: 

359; Total Annual Hours: 1,880. (For 

policy questions regarding this 

collection, contact Doug Pennington at 

410–786–1553.) 

2. Type of Information Collection 

Request: Reinstatement without change 

of a previously approved collection; 

Title of Information Collection: 

Medicare/Medicaid Psychiatric Hospital 

Survey Data; Use: The CMS–724 form is 

used to collect data that is not collected 

elsewhere and assists us in program 

planning and evaluation and in 

maintaining an accurate database on 

providers participating in the 

psychiatric hospital program. Form 

Number: CMS–724 (OCN: 0938–0378); 

Frequency: Annually; Affected Public: 

Private Sector: Business or other forprofits and Not-for-profit institutions; 

Number of Respondents: 500; Total 

Annual Responses: 150; Total Annual 

Hours: 75. (For policy questions 

regarding this collection contact Donald 

Howard at 410–786–6764.) 

Dated: December 23, 2013. 

Martique Jones, 

Deputy Director, Regulations Development 

Group, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2013–30994 Filed 12–26–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10500 and CMS– 

10515] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

ACTION: Notice. 

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 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 on the collection(s) of 

information must be received by the 

OMB desk officer by January 27, 2014. 

ADDRESSES: When commenting on the 

proposed information collections, 

please reference the document identifier 

or OMB control number. To be assured 

consideration, comments and 

recommendations must be received by 

the OMB desk officer via one of the 

following transmissions: OMB, Office of 


tkelley on DSK3SPTVN1PROD with NOTICES
78970 Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices 

Information and Regulatory Affairs, 

Attention: CMS Desk Officer, Fax 

Number: (202) 395–5806 OR Email: 

OIRA_submission@omb.eop.gov. 

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: 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. 

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: New collection (Request for a 

new control number); Title of 

Information Collection: Outpatient and 

Ambulatory Surgery Experience of Care 

Survey; Use: We will use the 

information collected through the field 

test to inform the development of a 

larger national survey effort, including 

development of the final survey 

instrument and data collection 

procedures. Looking toward the survey 

development specifically, the data 

collected in this survey effort will be 

used to conduct a rigorous psychometric 

analysis of the survey content. The goal 

of such an analysis is to assess the 

measurement properties of the proposed 

instrument and sub-domain composites 

created from item subsets, to assure the 

information reported from any future 

administrations of the survey is welldefined. Such careful definition will 

prevent data distortion or 

misinformation if they are publicly 

reported. Data collection procedures 

will also be fine-tuned during this field 

test. The 30-day PRA package has been 

revised since the publication of the 60- 

day Federal Register notice on October 

4, 2013 (78 FR 61848). (Form Number: 

CMS–10500 (OCN: 0938-New); 

Frequency: Once; Affected Public: 

Individuals and households; Number of 

Respondents: 2,304; Total Annual 

Responses: 2,304; Total Annual Hours: 

384. (For policy questions regarding this 

collection contact Caren Ginsberg at 

410–786–0713.) 

2. Type of Information Collection 

Request: New collection (request for a 

new OMB control number); Title of 

Information Collection: Payment 

Collections Operations Contingency 

Plan; Use: Under sections 1401, 1411, 

and 1412 of the Affordable Care Act and 

45 CFR part 155 subpart D, an Exchange 

makes an advance determination of tax 

credit eligibility for individuals who 

enroll in QHP coverage through the 

Exchange and seek financial assistance. 

Using information available at the time 

of enrollment, the Exchange determines 

whether the individual meets the 

income and other requirements for 

advance payments and the amount of 

the advance payments that can be used 

to pay premiums. Advance payments 

are made periodically under section 

1412 of the Affordable Care Act to the 

issuer of the QHP in which the 

individual enrolls. Section 1402 of the 

Affordable Care Act provides for the 

reduction of cost sharing for certain 

individuals enrolled in a QHP through 

an Exchange, and section 1412 of the 

Affordable Care Act provides for the 

advance payment of these reductions to 

issuers. The statute directs issuers to 

reduce cost sharing for essential health 

benefits for individuals with household 

incomes between 100 and 400 percent 

of the Federal poverty level (FPL) who 

are enrolled in a silver level QHP 

through an individual market Exchange 

and are eligible for advance payments of 

the premium tax credit. The data 

collection will be used by HHS to make 

payments or collect charges from issuers 

under the following programs: advance 

payments of the premium tax credit, 

advanced cost-sharing reductions, and 

Marketplace user fees. The template will 

be used to make payments in January 

2014 and for a number of months 

thereafter, as may be required based on 

HHS’s operational progress. Form 

Number: CMS–10515 (OCN 0938– 

NEW). Frequency: Monthly. Affected 

Public: Private sector—Business or other 

for-profit and Not-for-profit institutions; 

Number of Respondents: 575. Total 

Annual Responses: 7,475. Total Annual 

Hours: 51,175. (For policy questions 

regarding this collection contact Jaya 

Ghildiyal at 301–492–5149.) 

Dated: December 23, 2013. 

Martique Jones, 

Deputy Director, Regulations Development 

Group, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2013–31015 Filed 12–26–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10510] 

Emergency Clearance: Public 

Information Collection Requirements 

Submitted to the Office of Management 

and Budget (OMB); Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice; correction. 

SUMMARY: This document corrects a date 

in the December 23, 2013, Federal 

Register notice (document identifier: 

CMS–10510) entitled ‘‘Basic Health 

Program Report for Health Insurance 

Exchange Premium.’’ 

FOR FURTHER INFORMATION CONTACT: 

Jessica Schubel at 410–786–3032. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 23, 2013 (78 FR 77469), 

we published an emergency Paperwork 

Reduction Act (PRA) notice for the 

information collection request entitled 

‘‘Basic Health Program Report for Health 

Insurance Exchange Premium.’’ 

While the date requested for OMB 

approval (January 6, 2014) is correct in 

the associated PRA package, the date in 

the December 23, 2013, Federal Register 

notice incorrectly reads ‘‘December 23, 

2013.’’ This notice corrects that error as 

follows. 

II. Correction 

In the Federal Register of December 

23, 2013, in FR Doc. 2013–30434, on 

page 77469, in the third column, in the 

third paragraph, correct the first 

sentence to read: 

We are requesting OMB review and 

approval of this collection by January 6, 

2014, with a 180-day approval period. 


tkelley on DSK3SPTVN1PROD with NOTICES