```

[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Pages 20023-20024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8080]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10418]

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

AGENCY: Centers for Medicare & Medicaid Services, HHS.
    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid 
Services (CMS), Department of Health and Human Services, is publishing 
the following summary of proposed collections for public comment. 
Interested persons are invited to send comments regarding this 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 function; (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.
    1. Title of Information Collection: Annual MLR and Rebate 
Calculation Report; Type of Collection: New collection; Use: Under 
Section 2718 of the Affordable Care Act and implementing regulation at 
45 CFR Part 158 (75 FR 74865, December 1, 2010) as modified by 
technical corrections on December 30, 2010 (75 FR 82277), a health 
insurance issuer (issuer) offering group or individual health insurance 
coverage must submit a report to the Secretary concerning the amount 
the issuer spends each year on claims, quality improvement expenses, 
non-claims costs, Federal and State taxes and licensing and regulatory 
fees, and the amount of earned premium. An issuer must provide an 
annual rebate to enrollees if the amount it spends on certain costs 
compared to its premium revenue (excluding Federal and State taxes and 
licensing and regulatory fees) does not meet a certain ratio, referred 
to as the medical loss ratio (MLR). An interim final rule (IFR) 
implementing the MLR was published on December 1, 2010 (75 FR 74865) 
and modified by technical corrections on December 30, 2010 (75 FR 
82277), which added Part 158 to Title 45 of the Code of Federal 
Regulations. The IFR is effective January

[[Page 20024]]

1, 2011. A final rule regarding selected provisions of the IFR was 
published on December 7, 2011 (76 FR 76574, CMS-9998-FC) and an interim 
final rule regarding an issue not included in issuers' reporting 
obligations (disbursement of rebates by non-federal governmental plans) 
was also published December 7, 2011 (76 FR 76596, CMS-9998-IFC2). Both 
rules published on December 7, 2011 are effective January 1, 2012. Each 
issuer is required to submit annually MLR data, including information 
about any rebates it must provide, on a form prescribed by CMS, for 
each State in which the issuer conducts business. Each issuer is also 
required to provide a rebate notice to each enrollee that is due a 
rebate payment for any given MLR reporting year. Additionally, each 
issuer is required to maintain for a period of seven years all 
documents, records and other evidence that support the data included in 
each issuer's annual report to the Secretary.
    The original 60-day comment period began on December 16, 2011 and 
pertained to the MLR Annual Reporting Form, and closed on February 14, 
2012. On February 16, we published an amended PRA package with Notices 
to Consumers and reopened the public comment period until March 2, 2012 
to accommodate comments on the amendments to the PRA package. We 
received a total of 15 public comments regarding the Annual Reporting 
Form and 11 public comments regarding the Notices to Consumers and 
Instructions for these notices. Most public comments addressed multiple 
issues. We have taken into consideration all the proposed suggestions 
and have made changes to the Annual Reporting Form and Instructions, as 
well as to the Notices to Consumers and Instructions. In addition, CMS 
is adjusting the estimated burden that correlates with the Rebate 
Notices and the MLR Information Notices.
    Form Number: CMS-10418 (OCN: 0938-New); Frequency: Annual 
submission for each respondent; Affected Public: Private Sector: 
Business or other for-profits and not-for-profit institutions; Number 
of Respondents: 527; Number of Responses: 5,530; Total Annual Hours: 
352,563. (For policy questions regarding this collection, contact Carol 
Jimenez at (301) 492-4457. For all other issues, call (410) 786-1326.)
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS Web 
site address at http://www.cms.hhs.gov/PaperworkReductionActof1995, or 
email your request, including your address, phone number, OMB number, 
and CMS document identifier, to Paperwork@cms.hhs.gov, or call the 
Reports Clearance Office on (410) 786-1326.
    To be assured consideration, comments and recommendations for the 
proposed information collections must be received by the OMB desk 
officer at the address below, no later than 5 p.m. on May 3, 2012.

OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-6974, Email: OIRA_submission@omb.eop.gov.

    Dated: March 30, 2012.
Martique Jones,
Director, Regulations Development Group, Division B, Office of 
Strategic Operations and Regulatory Affairs.
[FR Doc. 2012-8080 Filed 4-2-12; 8:45 am]
BILLING CODE 4120-01-P
```