[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71573-71575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22897]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10450, CMS-10383, and CMS-10466]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

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 (the PRA), federal agencies are required to publish notice 
in the Federal Register

[[Page 71574]]

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 December 18, 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-10450 Consumer Assessment of Healthcare Providers and Systems 
(CAHPS) Survey for Merit-based Incentive Payment Systems (MIPS)
CMS-10383 Review and Approval Process for Waivers for State Innovation
CMS-10466 Patient Protection and Affordable Care Act; Exchange 
Functions: Eligibility for Exemptions

    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 Information Collection; Title of Information Collection: 
Consumer Assessment of Healthcare Providers and Systems (CAHPS) Survey 
for Merit-based Incentive Payment Systems (MIPS); Use: The CAHPS for 
MIPS survey is used in the Quality Payment Program (QPP) to collect 
data on fee-for-service Medicare beneficiaries' experiences of care 
with eligible clinicians participating in MIPS and is designed to 
gather only the necessary data that CMS needs for assessing physician 
quality performance, and related public reporting on physician 
performance, and should complement other data collection efforts. The 
survey consists of the core Agency for Healthcare Research and Quality 
(AHRQ) CAHPS Clinician & Group Survey, version 3.0, plus additional 
survey questions to meet CMS's information and program needs. The 
survey information is used for quality reporting, the compare tool on 
the Medicare.gov website, and annual statistical experience reports 
describing MIPS data for all MIPS eligible clinicians.
    This 2024 information collection request addresses the requirements 
related to the statutorily required quality measurement. The CAHPS for 
MIPS survey results in burden to three different types of entities: 
groups, virtual groups, and subgroups; vendors; and beneficiaries 
associated with administering the survey. Virtual groups are subject to 
the same requirements as groups and subgroups; therefore, we will refer 
only to ``groups'' as an inclusive term for all entities unless 
otherwise noted. Form Number: CMS-10450 (OMB control number: 0938-
1222); Frequency: Yearly; Affected Public: Business or other for-
profits and Not-for-profit institutions and Individuals and Households; 
Number of Respondents: 25,536; Total Annual Responses: 25,536; Total 
Annual Hours: 5,867 (For policy questions regarding this collection 
contact Renee Oneill at 410-786-8821.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Review and 
Approval Process for Waivers for State Innovation; Use: The information 
required under this collection is necessary to ensure that states 
comply with statutory and regulatory requirements related to the 
development and implementation of section 1332 waivers. States seeking 
waiver authority under section 1332 of the ACA are required to meet 
certain requirements for applications, public notice, and reporting. 
The authority for these requirements is found in section 1332 of the 
ACA. This information collection reflects the requirements provided in 
the final rules published in February 2012 (77 FR 11700) and September 
2021 (86 FR 3412).
    On October 24, 2018, the Departments published guidance (86 FR 
53575) that provided supplementary information about the requirements 
that must be met for the approval of a section 1332 waiver, the 
Secretaries' application review procedures, the calculation of pass-
through funding, certain analytical requirements, and operational 
considerations. However, the September 2021 final rule superseded and 
rescinded policies and interpretations outlined in the 2018 guidance 
and repealed the previous codification of the interpretations of the 
statutory guardrails in part 1 of the 2022 Payment Notice final rule 
(86 FR 6138). The September 2021 final rule (86 FR 53412) finalized 
modifications to section 1332 waiver implementing regulations, 
including changes to many of the policies and interpretations of the 
statutory guardrails codified in regulation. In addition, the September 
2021 final rule modified regulations to provide flexibilities in the 
public notice requirements and post-award public participation 
requirements for section 1332 waivers under certain future

[[Page 71575]]

emergent situations. The final rule also provided new information 
regarding the processes and procedures for amendments and extensions 
for approved waiver plans. Form Number: CMS-10383 (OMB Control Number 
0938-1389; Frequency: Occasionally; Affected Public: State Governments; 
Number of Respondents: 19; Total Annual Responses: 399; Total Annual 
Hours: 5,549. (For policy questions regarding this collection contact 
Lina Rashid at 301-492-4193.)
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Patient 
Protection and Affordable Care Act; Exchange Functions: Eligibility for 
Exemptions; Use: The data collection and reporting requirements in 
``Patient Protection and Affordable Care Act; Exchange Functions: 
Eligibility for Exemptions; Miscellaneous Minimum Essential Coverage 
Provisions'' (78 FR 39494 (July 1, 2013)), address federal requirements 
that states must meet with regard to the Exchange minimum function of 
performing eligibility determinations and issuing certificates of 
exemption from the shared responsibility payment. In the final 
regulation, CMS addresses standards related to eligibility, including 
the verification and eligibility determination process, eligibility 
redeterminations, options for states to rely on HHS to make eligibility 
determinations for certificates of exemption, and reporting. CMS 
developed four appendices of application materials to illustrate the 
process applicants use to apply for exemptions from the shared 
responsibility payment. This information collection requests seeks 
approval for the requirements associated with the collection of 
information associated with these four appendices. Form Number: CMS-
10466 (OMB Control Number 0938-1190; Frequency: Annually; Affected 
Public: Individuals and Households--State, Local, or Tribal 
Governments; Number of Respondents: 849; Total Annual Responses: 849; 
Total Annual Hours: 1,962. (For policy questions regarding this 
collection contact John Kenna at 301-492-4452.)

    Dated: October 12, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-22897 Filed 10-16-23; 8:45 am]
BILLING CODE 4120-01-P