[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80724-80725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25631]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10398 #37]


Medicaid and Children's Health Insurance Program (CHIP) Generic 
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: On May 28, 2010, the Office of Management and Budget (OMB) 
issued Paperwork Reduction Act (PRA) guidance related to the 
``generic'' clearance process. Generally, this is an expedited process 
by which agencies may obtain OMB's approval of collection of 
information requests that are ``usually voluntary, low-burden, and 
uncontroversial collections,'' do not raise any substantive or policy 
issues, and do not require policy or methodological review. The process 
requires the submission of an overarching plan that defines the scope 
of the individual collections that would fall under its umbrella. On 
October 23, 2011, OMB approved our initial request to use the generic 
clearance process under control number 0938-1148 (CMS-10398). It was 
last approved on April 26, 2021, via the standard PRA process which 
included the publication of 60- and 30-day Federal Register

[[Page 80725]]

notices. The scope of the April 2021 umbrella accounts for Medicaid and 
CHIP State plan amendments, waivers, demonstrations, and reporting. 
This Federal Register notice seeks public comment on one or more of our 
collection of information requests that we believe are generic and fall 
within the scope of the umbrella. Interested persons are invited to 
submit 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 4, 2023.

ADDRESSES: When commenting, please reference the applicable form number 
(see below) and the OMB control number (0938-1148). 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: CMS-10398 (#37)/OMB 
control number: 0938-1148, 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/PRAListing.

FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION: Following is a summary of the use and burden 
associated with the subject information collection(s). More detailed 
information can be found in the collection's supporting statement and 
associated materials (see ADDRESSES).

Generic Information Collections

    1. Title of Information Collection: Managed Care Rate Setting 
Guidance; Type of Information Collection Request: Revision of an active 
collection of information request; Use: In accordance with 42 CFR 
438.7, states must submit to CMS for review and approval all rate 
certifications for managed care organizations (MCOs), prepaid inpatient 
health plans (PIHPs), and prepaid ambulatory health plans (PAHPs). The 
rate certification itself is prepared by a state's actuary who 
certifies the managed care program's capitation rates as actuarially 
sound for a specific time period, and documents the rate development 
process and final certified capitation rates.
    Our Medicaid Managed Care Rate Development Guide (otherwise 
referred to as the ``rate guide'') outlines the rate development 
standards and CMS' expectations for documentation included in rate 
certifications such as descriptions of base data used, trend factors to 
base data, projected benefit and non-benefit costs, and any other 
considerations or adjustments used when setting capitation rates. The 
information outlined in the rate guide must be included within the rate 
certification in adequate detail to allow CMS to determine compliance 
with applicable provisions of 42 CFR part 438, including that the data, 
assumptions, and methodologies used for rate development are consistent 
with generally accepted actuarial principles and practices and that the 
capitation rates are appropriate for the populations and services to be 
covered. There is no required template that states' actuaries must 
utilize for the rate certification, but the guidance outlined in the 
rate guide serves as a resource for states and their actuaries. 
Adherence by states and their actuaries to the rate development 
standards and documentation expectations outlined in the rate guide, 
will aid in ensuring compliance with the regulations and support CMS's 
review and approval of actuarially sound capitation rates and 
associated federal financial participation. Form Number: CMS-10398 
(#37) (OMB control number: 0938-1148); Frequency: Annual; Affected 
Public: State, Local, or Tribal Governments; Number of Respondents: 47; 
Total Annual Responses: 137; Total Annual Hours: 753. For policy 
questions regarding this collection contact Rebecca Burch-Mack at 303-
844-7355.

    Dated: November 15, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2023-25631 Filed 11-17-23; 8:45 am]
BILLING CODE 4120-01-P