[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 4031-4032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01495]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10157 and CMS-R-262]


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

[[Page 4032]]

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 February 25, 2022.

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, you may make 
your request using one of following:
    1. Access CMS' website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.

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: Extension of a currently 
approved collection; Title of Information Collection: The HIPAA 
Eligibility Transaction System (HETS); Use: CMS created the HETS 
application to provide Health Insurance Portability and Accountability 
Act of 1996 (HIPAA) compliant 270/271 health care eligibility inquiries 
(270) and responses (271) on a real-time basis. In creating the HETS 
application, federal law requires that CMS take precautions to minimize 
the security risk to federal information systems. Accordingly, CMS is 
requiring that trading partners who wish to connect to the HETS 270/271 
application via the CMS Extranet and/or internet agree to specific 
trading partner terms as a condition of receiving access to Medicare 
eligibility information. Applicants will complete the entire Trading 
Partner Agreement form to indicate agreement with CMS trading partner 
terms and provide sufficient information to establish connectivity to 
the service and assure that those entities that access the Medicare 
eligibility information are aware of applicable provisions and 
penalties for the misuse of information.
    CMS uses the Trading Partner Agreement Form to capture certain 
information whereby a person certifies that they are fully aware of any 
and all penalties related to the use of PHI and their access to this 
data from the HETS application. The information is an attestation by 
the authorized representative of an entity that wishes to access the 
Medicare eligibility information to conduct real-time eligibility 
transactions. The authorized representative is a person responsible for 
business decisions on behalf of the Organization who is submitting the 
access request. The data captured includes the authorized 
representative's name, title contact number and the name of the 
submitting entity. Other data captured is the submitter's National 
Provider Identifier (NPI), business name, billing address, physical 
address, and telephone number. Form Number: CMS-10157 (OMB control 
number: 0938-0960); Frequency: Annually; Affected Public: Private 
Sector, Businesses or other for-profits; Number of Respondents: 1,000; 
Total Annual Responses: 1,000; Total Annual Hours: 250. (For policy 
questions regarding this collection contact Rupinder Singh at 410-786-
7484.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Contract Year 
2023 Plan Benefit Package (PBP) Software and Formulary Submission; Use: 
Under the Medicare Modernization Act (MMA), Medicare Advantage (MA) and 
Prescription Drug Plan (PDP) organizations are required to submit plan 
benefit packages for all Medicare beneficiaries residing in their 
service area. The plan benefit package submission consists of the Plan 
Benefit Package (PBP) software, formulary file, and supporting 
documentation, as necessary. MA and PDP organizations use the PBP 
software to describe their organization's plan benefit packages, 
including information on premiums, cost sharing, authorization rules, 
and supplemental benefits. They also generate a formulary to describe 
their list of drugs, including information on prior authorization, step 
therapy, tiering, and quantity limits.
    CMS requires that MA and PDP organizations submit a completed PBP 
and formulary as part of the annual bidding process. During this 
process, organizations prepare their proposed plan benefit packages for 
the upcoming contract year and submit them to CMS for review and 
approval. CMS uses this data to review and approve the benefit packages 
that the plans will offer to Medicare beneficiaries. This allows CMS to 
review the benefit packages in a consistent way across all submitted 
bids during with incredibly tight timeframes. This data is also used to 
populate data on Medicare Plan Finder, which allows beneficiaries to 
access and compare Medicare Advantage and Prescription Drug plans. Form 
Number: CMS-R-262 (OMB control number: 0938-0763); Frequency: Yearly; 
Affected Public: Private sector (Business or other for-profits and Not-
for-profit institutions), State, Local, or Tribal Governments; Number 
of Respondents: 785; Total Annual Responses: 8,405; Total Annual Hours: 
76,378. (For policy questions regarding this collection contact Kristy 
L Holtje at 410-786-2209.)

    Dated: January 21, 2022.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2022-01495 Filed 1-25-22; 8:45 am]
BILLING CODE 4120-01-P