[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6118-6119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01831]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10788]


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 (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 April 1, 2024.

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-10788 Prescription Drug and Health Care Spending

    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: Revision of a currently 
approved collection; Title of Information Collection: Prescription Drug 
and Health Care Spending; Use: On December 27, 2020, the Consolidated 
Appropriations Act, 2021 (CAA) was signed into law. Section 204 of 
title II of division BB of the CAA added parallel provisions at section 
9825 of the Internal Revenue Code (the Code), section 725 of the 
Employee Retirement Income Security Act (ERISA), and section 2799A-10 
of the Public Health Service Act (PHS Act) that require group health 
plans and health insurance issuers offering group or individual health 
insurance coverage to annually report to the Department of the 
Treasury, the Department of Labor (DOL), and the Department of Health 
and Human Services (HHS) (collectively, ``the Departments'') certain 
information about prescription drug and health care spending, premiums, 
and enrollment under the plan or coverage. This information will 
support the development of public reports that will be published by the 
Departments on prescription drug reimbursements for plans and coverage, 
prescription drug pricing trends, and the role of prescription drug 
costs in contributing to premium increases or decreases under the plans 
or coverage. The 2021 interim final rules, ``Prescription Drug and 
Health Care Spending'' (2021 interim final rules), issued by the 
Departments and the Office of Personnel Management (OPM) implement the 
provisions of section 9825 of the Code, section 725 of ERISA, and 
section 2799A-10 of the PHS Act, as enacted by section 204 of title II 
of division BB of the CAA. OPM joined the Departments in issuing the 
2021 interim final rules, requiring Federal Employees Health Benefits 
(FEHB) carriers to report information about prescription drug and 
health care spending, premiums, and plan enrollment in the same manner 
as a group health plan or health insurance issuer offering group or 
individual health insurance coverage.
    The 2023 Prescription Drug Data Collection (RxDC) Reporting 
Instructions reflect changes for the 2023 reference year and beyond. As 
a result of removing one-time first- and second-

[[Page 6119]]

year implementation costs and burdens that were incurred prior to 2024, 
it is estimated that there will be a decrease in total three-year 
average annual burden from 1,684,080 to 668,952. Form Number: CMS-10788 
(OMB Control Number: 0938-1407); Frequency: Annually; Affected Public: 
Private Sector; Number of Respondents: 356; Number of Responses: 356 
Total Annual Hours: 668,952. (For policy questions regarding this 
collection contact Christina Whitefield at 202-536-8676.)

    Dated: January 25, 2024.
William N. Parham, III
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-01831 Filed 1-30-24; 8:45 am]
BILLING CODE 4120-01-P