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[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45575-45576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19260]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10333, CMS-10384 and CMS-10371]

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. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Consumer 
Assistance Program Grants; Use: Section 1002 of the Affordable Care Act 
provides for the establishment of consumer assistance (or ombudsman) 
programs, starting in FY 2010. Federal grants will support these 
programs. For FY 2010, $30 million is appropriated. These programs will 
assist consumers with filing complaints and appeals, assist consumers 
with enrollment into health coverage, collect data on consumer 
inquiries and complaints to identify problems in the marketplace, 
educate consumers on their rights and responsibilities, and starting in 
2014, resolve problems with premium credits for Exchange coverage. 
Importantly, these programs must provide detailed reporting on the 
types of problems and questions consumers may experience with health 
coverage, and how these are resolved. In order to strengthen oversight, 
the law requires programs to report data to the Secretary of the 
Department of Health and Human Services (HHS) ``As a condition of 
receiving a grant under subsection (a), an office of health insurance 
consumer assistance or ombudsman program shall be required to collect 
and report data to the Secretary on the types of problems and inquiries 
encountered by consumers'' (Sec. 2793 (d)). Form Number: CMS-10333 
(OMB-0938-1097); Frequency: Quarterly; Affected Public: Private Sector: 
State, Local, or Tribal Governments; Number of Respondents: 40; Number 
of Responses: 200; Total Annual Hours: 4,800. (For policy questions 
regarding this collection, contact Eliza Bangit at (301) 492-4219. For 
all other issues call (410) 786-1326.)
    2. Type of Information Collection Request: New Collection; Title of 
Information Collection: Health Insurance Assistance Database; Use: In 
October 2010, the Office of Consumer Support began to take and respond 
to direct consumer inquiries related to the Affordable Care Act. As of 
February 15th 2011, CCIIO has received 906 consumer inquiries. Consumer 
inquiries continue to come in to CCIIO at a rate of 30 to 35 inquiries 
per week. Starting in January 2011, the HHS Hotline will begin to refer 
ACA calls to CCIIO. To date, the HHS Hotline receives, on average, 400 
calls per month pertaining to ACA.
    Accordingly, a system to collect, track and store consumer 
information is urgently needed in order to accomplish successful case 
management to ensure that the information, coverage, and health care 
needs of consumers are addressed fairly and in a timely fashion. 
Further, the Team will provide detailed reports on these consumer 
inquiries with a focus on Affordable Care Act and PHS Act compliance 
issues. These reports will assist the Office of Oversight in 
identifying areas where compliance concerns may arise. Reports will be 
stripped of any information in identifiable form (IIF) and personal 
health information when written and prepared. Authority for 
maintenance, collection and disclosures of this information is given 
under sections 2719, 2723, and 2761 of the Public Health Service Act 
(PHS Act) and section 1321(c) of the Affordable Care Act.
    Analysis of this data reporting will help identity patterns of 
practice in the insurance marketplaces and uncover suspected patterns 
of noncompliance. HHS may share program data reports with the 
Departments of Labor and Treasury, and State regulators. Program data 
also can offer CCIIO one indication of the effectiveness of State 
enforcement, affording opportunities to provide technical assistance 
and support to State insurance regulators and, in extreme cases, inform 
the need to trigger Federal enforcement. Form Number: CMS-10384 (OCN: 
0938-New); Frequency: Occasionally;

[[Page 45576]]

Affected Public: Individuals or households; Number of Respondents: 
1,200; Number of Responses: 1,860; Total Annual Hours: 195 (For policy 
questions regarding this collection, contact Paul Tibbits (301) 492-
4229. For all other issues call (410) 786-1326.)
    3. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Cooperative 
Agreement to Support Establishment of State-Operated Health Insurance 
Exchanges; Use: All States and Territories (including the 50 States, 
consortia of States, and the District of Columbia, herein referred to 
as States) that received a State Planning and Establishment Grant for 
Affordable Care Act's Exchanges are eligible for the Cooperative 
Agreement to Support Establishment of State Operated Insurance 
Exchanges. The State of Alaska did not apply for either the original 
Planning grant made available in September 2010, or the second Planning 
grant made available in January 2011 exclusively to States that did not 
apply for the first. The Commonwealth of the Northern Mariana Islands 
did not apply for the Territory Cooperative Agreements for the 
Affordable Care Act's Exchanges made available in January 2011. Because 
Alaska and the Northern Mariana Islands did not receive funding under 
Section 1311 for planning and establishment of an Exchange within one 
year of the enactment of the Affordable Care Act, by Statute, they will 
not be eligible for Section 1311 Exchange planning and establishment 
money in the future. Section 1311(b) of the Affordable Care Act 
provides the opportunity for each State to establish an Exchange no 
later than January 1, 2014. Section 1311 of the Affordable Care Act 
provides for grants to States for the planning and establishment of 
these Exchanges. Given the innovative nature of Exchanges and the 
statutorily-prescribed relationship between the Secretary and States in 
their development and operation, it is critical that the Secretary work 
closely with States to provide necessary guidance and technical 
assistance to ensure that States can meet the prescribed timelines, 
Federal requirements, and goals of the statute.
    In order to provide appropriate and timely guidance and technical 
assistance, the Secretary must have access to timely, periodic 
information regarding State progress. Consequently, the information 
collection associated with these grants is essential to facilitating 
reasonable and appropriate Federal monitoring of funds, providing 
statutorily-mandated assistance to States to implement Exchanges in 
accordance with Federal requirements, and to ensure that States have 
all necessary information required to proceed, such that retrospective 
corrective action can be minimized.
    There are two levels of awards for States to apply for the 
Establishment grants. Each level is based on grantee readiness. Level 
One Establishment grants are open to States that received Federal 
funding for Exchange Planning activities and awardees of the 
Cooperative Agreements to Support Innovative Exchange Information 
Technology Systems. Level One Establishment cooperative agreements 
provide one year of funding to States that are ready to initiate 
establishment activities having made progress under their Exchange 
Planning grant. Level Two Establishment cooperative agreements are open 
to States that received Federal funding for Exchange Planning 
activities and awardees of the Cooperative Agreements to Support 
Innovative Exchange Information Technology Systems. Level Two 
Establishment grants are designed to provide funding to applicants who 
have made significant progress in meeting specific benchmarks in the 
Exchange establishment process. Level One Establishment grantees may 
apply for additional funding under Level Two Establishment grants once 
they have achieved the benchmarks identified in the Level Two 
Establishment review criteria. The Period of Performance for Level One 
Establishment grants is one year after date of award. The Period of 
Performance for Level Two Establishment grants is through December 31, 
2014. This funding opportunity was released to forty-nine States and 
the District of Columbia on January 20, 2011. HHS anticipates making 
this funding opportunity available to four Territories on August 31, 
2011. Form Number: CMS-10371 (OCN: 0938-1119); Frequency: Annually. 
Affected Public: State, Local, or Tribal Governments. Number of 
Respondents: 54. Number of Responses: 756, Total Annual Hours: 57,564. 
(For policy questions regarding this collection contact Leslie Shah at 
301-492-4452. 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 
E-mail 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 August 29, 2011.

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

    Dated: July 26, 2011.
Martique Jones,
Director, Regulations Development Group, Division B, Office of 
Strategic Operations and Regulatory Affairs.
[FR Doc. 2011-19260 Filed 7-28-11; 8:45 am]
BILLING CODE 4120-01-P
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