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[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58354-58355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23132]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10492]

Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services.

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 November 28, 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-10492 Data Submission for the Federally-
faciliated Exchange User Fee Adjustment
    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: New collection (Request 
for a new OMB control number); Title of Information Collection: Data 
Submission for the Federally-facilitated Exchange User Fee Adjustment; 
Use: The final rule ``Coverage of Certain Preventive Services Under the 
Affordable Care Act'' published by the Departments of Health and Human 
Services (HHS), the Treasury, and Labor on July 2, 2013 (78 FR 39870), 
sets forth regulations regarding coverage for certain preventive 
services under section 2713 of the Public Health Service Act, as added 
by the Patient Protection and Affordable Care Act, as amended, and 
incorporated into the Employee Retirement Income Security Act of 1974 
and the Internal Revenue Code. Section 2713 of the Public Health 
Service Act requires coverage without cost sharing of certain 
preventive health services, including certain contraceptive services, 
in non-exempt, non-grandfathered group health plans and health 
insurance coverage. The final rules establish accommodations with 
respect to group health plans established or maintained by eligible 
organizations (and group health insurance coverage offered in 
connection with such plans). Eligible organizations are required to 
self-certify that they are eligible for this accommodation and provide 
a copy of such self-certification to their third party administrators. 
The final rules also set forth processes and standards to fund the 
payments for the contraceptive services that are provided for 
participants and beneficiaries in self-insured plans of eligible 
organizations

[[Page 58355]]

under the accommodation described previously, through an adjustment in 
the Federally-facilitated Exchange (FFE) user fee payable by an issuer 
participating in an FFE.
    In order to facilitate the FFE user fee adjustment, and ensure that 
these user fee adjustments reflect payments for contraceptive services 
provided under this accommodation and that the adjustment is applied to 
the appropriate participating issuer in an FFE, the final rule requires 
an information collection from applicable participating issuers and 
third party administrators. In particular, the final regulations at 45 
CFR 156.50(d)(2)(i) provide that a participating issuer who seeks an 
FFE user fee adjustment must submit to HHS in the year following the 
benefit year in which payments for contraceptive services were made 
under the previously mentioned accommodation, identifying information 
for the participating issuer, each third party administrator, and each 
self-insured group health plan, as well as the total dollar amount of 
the payments for contraceptive services that were provided during the 
applicable calendar year under the accommodation. The final regulation 
at 45 CFR 156.50(d)(2)(iii) also requires the third party administrator 
to submit to HHS identifying information for the third party 
administrator, the participating issuer, and each self-insured group 
health plan, as well as the total number of participants and 
beneficiaries in each self-insured group health plan during the 
applicable calendar year, the total dollar amount of payments made for 
contraceptive services, and an attestation that the payments for 
contraceptive services were made in compliance with 26 CFR 54.9815-
2713A(b)(2) or 29 CFR 2590.715-2713A(b)(2).
    Furthermore, to determine the potential number of submissions 
provided by third party administrators and allow HHS to prepare to 
receive submissions in calendar year 2015, the final regulation at 45 
CFR 156.50(d)(2)(ii) requires third party administrators to submit to 
HHS a notification that the third party administrator intends for a 
participating issuer to seek an FFE user fee adjustment, by the later 
of January 1, 2014, or the 60th calendar day following the date on 
which the third party administrator receives a copy of a self-
certification from an eligible organization. Additionally, a health 
insurance issuer providing payments for contraceptive services for 
participants and beneficiaries in insured plans (or student enrollees 
and covered dependents in student health insurance coverage) of 
eligible organizations to provide a written notice to such plan 
participants and beneficiaries (or such student enrollees and covered 
dependents) informing them of the availability of such payments.
    The burden associated with these processes includes the time for 
applicable participating issuers and third party administrators to 
submit identifying information and total payments made for 
contraceptive services in the prior calendar year, and for third party 
administrators to notify HHS of their intent to seek the user fee 
adjustment. HHS estimates 488 third party administrators, 48 QHP 
issuers, and 325 fully insured issuers of eligible organizations will 
submit this information. HHS anticipates that participating issuers in 
an FFE seeking a user fee adjustment and third party administrators 
with respect to which the FFE user fee adjustment is received will 
submit this information electronically. Form Number: CMS-10492 (OMB 
Control Number: 0938-NEW); Frequency: Once, Yearly. Affected Public: 
Private Sector--Business or other for-profits and Not-for-profit 
institutions; Number of Respondents: 861; Total Annual Responses: 861 
Total Annual Hours: 12,930. (For policy questions regarding this 
collection contact Jaya Ghildiyal at (301) 492-5149.)

    Dated: September 24, 2014.
Martique Jones,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. 2014-23132 Filed 9-26-14; 8:45 am]
BILLING CODE 4120-01-U-P
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