[Federal Register Volume 89, Number 26 (Wednesday, February 7, 2024)]
[Notices]
[Pages 8434-8435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02445]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10448]


Agency Information Collection Activities: Submission for OMB 
Review; 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 a second opportunity 
for public comment on the notice. Interested persons are invited to 
send comments regarding the burden estimate 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 on the collection(s) of information must be received by 
the OMB desk officer by March 8, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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 Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(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 (44 U.S.C. 3506(c)(2)(A)) requires 
federal agencies to publish a 30-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 that 
summarizes the following proposed collection(s) of information for 
public comment:
    1. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Essential Health 
Benefits Benchmark Plans; Use: On March 23, 2010, the Patient 
Protection and Affordable Care Act (PPACA; Pub. L. 111-148) was signed 
into law, and on March 30, 2010, the Health Care and Education 
Reconciliation Act of 2010 (Pub. L. 111-152) was signed into law.

[[Page 8435]]

The two laws implement various health insurance policies, including the 
essential health benefits (EHB). Beginning in 2014, all non-
grandfathered health plans in the individual and small group market 
must cover EHB, as defined by the Secretary of Health and Human 
Services.
    In the final rule entitled HHS Notice of Benefit and Payment 
Parameters for 2023 (2023 Payment Notice; CMS-9911-F),\2\ we repealed 
the ability for States to permit between category substitution of the 
EHBs at 45 CFR 156.115. Thus, we revise this Supporting Statement to 
remove any burden associated with States opting to permit between 
category substitution of the EHBs and remove the form Essential Health 
Benefits (EHB) State Substitution Notification (Appendix F) from this 
collection.
    For annual reporting of state mandates, in the final rule entitled 
HHS Notice of Benefit and Payment Parameters for 2021 (2021 Payment 
Notice; CMS-9916-F),\3\ we finalized amendments to Sec.  156.111(d) and 
adding new Sec.  156.111(f) to require states to annually notify HHS in 
a format and manner specified by HHS, and by a date determined by HHS, 
of any state-required benefits applicable to QHPs in the individual 
and/or small group market that are considered to be ``in addition to 
EHB'' in accordance with Sec.  155.170(a)(3).
    In the final rule entitled HHS Notice of Benefit and Payment 
Parameters for 2023 (2023 Payment Notice; CMS-9911-F), we repealed the 
annual reporting requirement at Sec.  156.111(d) and (f), including 
revising the section heading to Sec.  156.111 to instead read, ``State 
selection of EHB benchmark plan for PYs beginning on or after January 
1, 2020.'' Thus, we have revised this Supporting Statement to reflect 
that States are no longer required to annually notify HHS of any State-
required benefits applicable to QHPs in the individual or small group 
market that are considered to be ``in addition to EHB'' or any benefits 
the State has identified as not in addition to EHB and not subject to 
defrayal. We also remove the forms State Annual Report on State-
Required Benefits (Appendix G) and State Certification of Annual Report 
on State-Required Benefits (Appendix H) from this collection.
    This information collection also previously included estimates for 
the burden on issuers to report their intent to offer SADPs. We no 
longer collect this information from issuers; we revise this Supporting 
Statement to remove the burden associated with this report. In this 
package, we make minimum required revisions to reflect only the 
regulatory changes that have occurred since it was last authorized in 
2021. No comments were received in response to the 60-day FR Notice 
(September 27, 2023 (88 FR 66452). Form Number: CMS-10448 (OMB control 
number: 0938-1174); Frequency: Annually; Affected Public: State, Local, 
or Tribal Governments; Number of Respondents: 10; Number of Responses: 
10; Total Annual Hours: 470. (For questions regarding this collection, 
contact Ken Buerger at 410-786-1190).

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-02445 Filed 2-6-24; 8:45 am]
BILLING CODE 4120-01-P