[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66452-66453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21122]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-2540-23 and CMS-10448]


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 November 27, 2023.

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, please access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.

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-2540-23--Skilled Nursing Facility and Skilled Nursing Facility 
Healthcare Complex Report
CMS-10448--Essential Health Benefits Benchmark Plans

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain

[[Page 66453]]

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: Reinstatement with 
change; Title of Information Collection: Skilled Nursing Facility and 
Skilled Nursing Facility Complex Cost Repot; Use: The primary function 
of the cost report is to implement the principles of cost reimbursement 
that require that SNFs maintain sufficient financial records and 
statistical data for proper determination of costs payable under the 
program. Specifically, CMS-2540-23 collects discrete data, previously 
reported in summary form, used in determining the cost weights for the 
SNF market basket and for payment adequacy analyses. SNFs and SNF 
health care complexes participating in the Medicare program submit 
these cost reports annually to report cost and statistical data used by 
CMS to determine reasonable costs. Essentially the methods of 
determining costs payable under Medicare involve making use of data 
available from the provider's accounting records, as usually 
maintained, to arrive at equitable and proper payment for services to 
beneficiaries.; Form Number: CMS-2540-23 (OMB control number: 0938-
0463); Frequency: Annually; Affected Public: Private Sector, (Business 
or other for-profits), Not-for-profit institutions; Number of 
Respondents: 14,189; Total Annual Responses: 14,189; Total Annual 
Hours: 2,866,178. (For policy questions regarding this collection 
contact Luann Piccione at 410-786-5423.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Essential Health 
Benefits Benchmark Plans; 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, including the 
essential health benefits (EHB). Beginning in 2014, all non-
grandfathered health plans in the individual and small group market 
must cover EHB, as defined by the Secretary of Health and Human 
Services.
    In the final rule entitled HHS Notice of Benefit and Payment 
Parameters for 2023 (2023 Payment Notice; CMS-9911-F),\2\ we repealed 
the ability for States to permit between category substitution of the 
EHBs at 45 CFR 156.115. Thus, we revise this Supporting Statement to 
remove any burden associated with States opting to permit between 
category substitution of the EHBs and remove the form Essential Health 
Benefits (EHB) State Substitution Notification (Appendix F) from this 
collection.
    For annual reporting of state mandates, in the final rule entitled 
HHS Notice of Benefit and Payment Parameters for 2021 (2021 Payment 
Notice; CMS-9916-F),\3\ we finalized amendments to Sec.  156.111(d) and 
adding new Sec.  156.111(f) to require states to annually notify HHS in 
a format and manner specified by HHS, and by a date determined by HHS, 
of any state-required benefits applicable to QHPs in the individual 
and/or small group market that are considered to be ``in addition to 
EHB'' in accordance with Sec.  155.170(a)(3).
    In the final rule entitled HHS Notice of Benefit and Payment 
Parameters for 2023 (2023 Payment Notice; CMS-9911-F), we repealed the 
annual reporting requirement at Sec.  156.111(d) and (f), including 
revising the section heading to Sec.  156.111 to instead read, ``State 
selection of EHB benchmark plan for PYs beginning on or after January 
1, 2020.'' Thus, we have revised this Supporting Statement to reflect 
that States are no longer required to annually notify HHS of any State-
required benefits applicable to QHPs in the individual or small group 
market that are considered to be ``in addition to EHB'' or any benefits 
the State has identified as not in addition to EHB and not subject to 
defrayal. We also remove the forms State Annual Report on State-
Required Benefits (Appendix G) and State Certification of Annual Report 
on State-Required Benefits (Appendix H) from this collection.
    This information collection also previously included estimates for 
the burden on issuers to report their intent to offer SADPs. We no 
longer collect this information from issuers; we revise this Supporting 
Statement to remove the burden associated with this report. In this 
package, we make minimum required revisions to reflect only the 
regulatory changes that have occurred since it was last authorized in 
2021. Form Number: CMS-10448 (OMB control number: 0938-1174); 
Frequency: Annually; Affected Public: State, Local, or Tribal 
Governments; Number of Respondents: 10; Number of Responses: 10; Total 
Annual Hours: 470. (For questions regarding this collection, contact 
Ken Buerger at 410-786-1190).

    Dated: September 22, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-21122 Filed 9-26-23; 8:45 am]
BILLING CODE 4120-01-P