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[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 78968-78969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30994]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10379 and CMS-724]

Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid 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 any of the following subjects: (1) 
the necessity and utility of the proposed information collection for 
the proper performance of the agency's functions; (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.

DATES: Comments must be received by February 25, 2014.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number (OCN). 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, you may make 
your request using one of following:
    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to Paperwork@cms.hhs.gov.
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786-
1326.

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-10379 Rate Increase Disclosure and Review Reporting Requirements

CMS-724 Medicare/Medicaid Psychiatric Hospital Survey Data

    Under the Paperwork Reduction Act (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

[[Page 78969]]

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 Collections

    1. Type of Information Collection Request: Reinstatement with 
change of a previously approved information collection; Title of 
Information Collection: Rate Increase Disclosure and Review Reporting 
Requirements; Use: Section 1003 of the Affordable Care Act adds a new 
section 2794 of the PHS Act which directs the Secretary of the 
Department of Health and Human Services (the Secretary), in conjunction 
with the states, to establish a process for the annual review of 
``unreasonable increases in premiums for health insurance coverage.'' 
The statute provides that health insurance issuers must submit to the 
Secretary and the applicable state justifications for unreasonable 
premium increases prior to the implementation of the increases. Section 
2794 also specifies that beginning with plan years beginning in 2014, 
the Secretary, in conjunction with the states, shall monitor premium 
increases of health insurance coverage offered through an Exchange and 
outside of an Exchange.
    Section 2794 directs the Secretary to ensure the public disclosure 
of information and justification relating to unreasonable rate 
increases. The regulation therefore develops a process to ensure the 
public disclosure of all such information and justification. Section 
2794 requires that health insurance issuers submit justification for an 
unreasonable rate increase to both us and the relevant state prior to 
its implementation. Additionally, section 2794 requires that rate 
increases effective in 2014 (submitted for review in 2013) be monitored 
by the Secretary, in conjunction with the states. To those ends the 
regulation establishes various reporting requirements for health 
insurance issuers, including a Preliminary Justification for a proposed 
rate increase, a Final Justification for any rate increase determined 
by a state or CMS to be unreasonable, and a notification requirement 
for unreasonable rate increases which the issuer will not implement.
    On November 14, 2013, we issued a letter to State Insurance 
Commissioners outlining transitional policy for non-grandfathered 
coverage in the small group and individual health insurance markets. If 
permitted by applicable State authorities, health insurance issuers may 
choose to continue coverage that would otherwise be terminated or 
cancelled, and affected individuals and small businesses may choose to 
re-enroll in such coverage. Under this transitional policy, non-
grandfathered health insurance coverage in the individual or small 
group market that is renewed for a policy year starting between January 
1, 2014, and October 1, 2014, will not be considered to be out of 
compliance with certain market reforms if certain specific conditions 
are met. These transitional plans continue to be subject to the 
requirements of section 2794, but are not subject to 2701 (market 
rating rules), 2702 (guaranteed availability), 2704 (prohibition on 
health status rating), 2705 (prohibition on health status 
discrimination) and 2707 (requirements of essential health benefits) 
and the because the single risk pool (1311(e)) is dependent on all of 
the aforementioned sections (2701, 2702, 2704, 2705 and 2707), the 
transitional plans are also exempt from the single risk pool The 
Unified Rate Review Template and system are exclusively designed for 
use with the single risk pool plan, and any attempt to include non-
single risk pool plans in the Unified Rate Review template or system 
will create errors, inaccuracies and limitations on submissions that 
would prevent the effectiveness of reviews of both sets of non-
grandfathered plans (single risk pool and transitional). For these many 
reasons, we are requiring issuers with transitional plans that 
experience rate increases subject to review to use the Rate Review 
Justification system and templates which were required and utilized 
prior to April 1, 2013. Form Number: CMS-10379 (OCN: 0938-1141); 
Frequency: Annual; Affected Public: Private Sector, State Governments; 
Number of Respondents: 81; Number of Responses: 359; Total Annual 
Hours: 1,880. (For policy questions regarding this collection, contact 
Doug Pennington at 410-786-1553.)
    2. Type of Information Collection Request: Reinstatement without 
change of a previously approved collection; Title of Information 
Collection: Medicare/Medicaid Psychiatric Hospital Survey Data; Use: 
The CMS-724 form is used to collect data that is not collected 
elsewhere and assists us in program planning and evaluation and in 
maintaining an accurate database on providers participating in the 
psychiatric hospital program. Form Number: CMS-724 (OCN: 0938-0378); 
Frequency: Annually; Affected Public: Private Sector: Business or other 
for-profits and Not-for-profit institutions; Number of Respondents: 
500; Total Annual Responses: 150; Total Annual Hours: 75. (For policy 
questions regarding this collection contact Donald Howard at 410-786-
6764.)

    Dated: December 23, 2013.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2013-30994 Filed 12-26-13; 8:45 am]
BILLING CODE 4120-01-P
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