Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices 17091 

of these fictitious companies, and victim 

credit card charges were processed 

through those accounts, rather than 

through a single merchant account in 

the name of MNF. With similar 

knowledge, EPS engaged in the 

underwriting and approval of MNF’s 

fictitious companies and submitted 

merchant account applications for these 

fictitious companies to its acquirer. 

Using the services of two payment 

processors, EPS enabled more than $4.6 

million in MNF transactions to be 

processed through these and other 

fraudulent merchant accounts. 

The Commission’s proposed 

Complaint alleges that EPS’s conduct 

regarding the MNF fictitious companies 

and their merchant accounts constituted 

an unfair act or practice under Section 

5 of the FTC Act and assistance and 

facilitation of illegal credit card 

laundering under Section 310.3(b) of the 

Telemarketing Sales Rule, 16 CFR 

310.3(b); see also § 310.3(c) (banning 

credit card laundering). 

The proposed Order contains 

provisions designed to prevent EPS 

from engaging in the same or similar 

acts or practices in the future. Section 

I of the proposed Order contains 

prohibitions against engaging in credit 

card laundering; engaging in tactics to 

evade fraud monitoring or risk 

monitoring programs; providing 

payment processing services to any 

merchant that is engaged in any act or 

practice that is, or is likely to be, 

deceptive or unfair; and providing 

payment processing services to, or 

acting as an ISO for, any merchant that 

is listed on the MasterCard Member 

Alert to Control High-Risk Merchants 

(MATCH) list for several enumerated 

reasons. 

Section II imposes screening 

requirements that EPS must implement 

when it screens applications from 

prospective merchants that fall under 

the definition of ‘‘Additional Review 

Merchants.’’ The definition of 

Additional Review Merchant includes 

categories of EPS merchants that have 

been the subject of FTC cases: 

Merchants who engage in outbound 

telemarketing and merchants selling 

specific services (debt collection, debt 

relief, credit-related services, rental 

housing listings, job listings, or ‘‘Money 

Making Opportunities,’’ as defined in 

the order). Heightened screening of 

Additional Review Merchants includes 

obtaining detailed information about the 

merchant’s business, as laid out in the 

order. EPS would also be required to 

take reasonable steps to verify the 

accuracy of the due diligence 

information it obtains. 

Section III requires increased 

monitoring of Additional Review 

Merchants. The order requires EPS to 

investigate merchants whose chargeback 

rate exceeds 1% and whose total 

number of chargebacks exceeds 55 per 

month in two of the preceding six 

months. Section IV requires monitoring 

of sales agents and termination of sales 

agents who are engaged in tactics to 

conceal credit card laundering. 

Sections V through IX are reporting 

and compliance provisions that allow 

the Commission to better monitor EPS’s 

ongoing compliance with the Order. 

Under Section IX, the Order will expire 

in twenty years, with certain exceptions. 

The purpose of this analysis is to aid 

public comment on the proposed Order. 

It is not intended to constitute an 

official interpretation of the Complaint 

or proposed Order, or to modify in any 

way the proposed Order’s terms. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2022–06306 Filed 3–24–22; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifiers: CMS–10410, CMS– 

10554 and CMS–10325] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, Health and Human 

Services (HHS). 

ACTION: Notice. 

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 April 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 

website address at: https://

www.cms.gov/Regulations-andGuidance/Legislation/Paperwork

ReductionActof1995/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: Medicaid 

Program; Eligibility Changes under the 

Affordable Care Act of 2010; Use: The 

State Medicaid and CHIP agencies will 

collect all information needed to 

determine and redetermine eligibility 

for Medicaid and will transmit 


lotter on DSK11XQN23PROD with NOTICES1
17092 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices 

information, as appropriate, to other 

insurance affordability programs. The 

information collection requirements 

will assist the public to understand 

information about health insurance 

affordability programs and will assist 

CMS in ensuring the seamless, 

coordinated, and simplified system of 

Medicaid and CHIP application, 

eligibility determination, verification, 

enrollment, and renewal. Form Number: 

CMS–10410 (OMB control number: 

0938–1147); Frequency: Occasionally; 

Affected Public: Individuals or 

Households, and State, Local, and Tribal 

Governments; Number of Respondents: 

25,500,096; Total Annual Responses: 

76,500,218; Total Annual Hours: 

21,276,302. For policy questions 

regarding this collection contact Suzette 

Seng at 410–786–4703. 

2. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Children’s 

Health Insurance Program Managed 

Care and Supporting Regulations; Use: 

CHIP enrollees use the information 

collected and reported as a result of this 

regulation to make informed choices 

regarding health care, including how to 

access health care services and the 

grievance and appeal system. States use 

the information collected and reported 

as part of contracting processes with 

managed care entities, as well as its 

compliance oversight role. CMS uses the 

information collected and reported in an 

oversight role of State CHIP managed 

care programs and CHIP state agencies. 

Form Number: CMS–10554 (OMB 

control number: 0938–1282); Frequency: 

Yearly; Affected Public: State, Local, 

and Tribal Governments, and the Private 

Sector (Business or other for-profits and 

Not-for-profit institutions); Number of 

Respondents: 62; Total Annual 

Responses: 2,735,964; Total Annual 

Hours: 371,710. For policy questions 

regarding this collection contact Amy 

Lutzky at 410–786–0721. 

3. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Disclosure and 

Recordkeeping Requirements for 

Grandfathered Health Plans under the 

Affordable Care Act; Use: Section 1251 

of the Affordable Care Act provides that 

certain plans and health insurance 

coverage in existence as of March 23, 

2010, known as grandfathered health 

plans, are not required to comply with 

certain statutory provisions in the Act. 

The final regulations titled ‘‘Final Rules 

under the Affordable Care Act for 

Grandfathered Plans, Preexisting 

Condition Exclusions, Lifetime and 

Annual Limits, Rescissions, Dependent 

Coverage, Appeals, and Patient 

Protections’’ (80 FR 72192, November 

18, 2015) require that, to maintain its 

status as a grandfathered health plan, a 

plan must maintain records 

documenting the terms of the plan in 

effect on March 23, 2010, and any other 

documents that are necessary to verify, 

explain or clarify status as a 

grandfathered health plan. The plan 

must make such records available for 

examination upon request by 

participants, beneficiaries, individual 

policy subscribers, or a state or federal 

agency official. A grandfathered health 

plan is also required to include a 

statement in any summary of benefits 

under the plan or health insurance 

coverage, that the plan or coverage 

believes it is a grandfathered health plan 

within the meaning of section 1251 of 

the Affordable Care Act, and providing 

contact information for participants to 

direct questions and complaints. In 

addition, a grandfathered group health 

plan that is changing health insurance 

issuers is required to provide the 

succeeding health insurance issuer (and 

the succeeding health insurance issuer 

must require) documentation of plan 

terms (including benefits, cost sharing, 

employer contributions, and annual 

limits) under the prior health insurance 

coverage sufficient to make a 

determination whether the standards of 

paragraph § 147.140(g)(1) of the final 

regulations are exceeded. It is also 

required that, for an insured group 

health plan (or a multiemployer plan) 

that is a grandfathered plan, the relevant 

policies, certificates, or contracts of 

insurance, or plan documents must 

disclose in a prominent and effective 

manner that employers, employee 

organizations, or plan sponsors, as 

applicable, are required to notify the 

issuer (or multiemployer plan) if the 

contribution rate changes at any point 

during the plan year. Form Number: 

CMS–10325 (OMB control number: 

0938–1093); Frequency: On Occasion; 

Affected Public: Private Sector, State, 

Local or Tribal governments; Number of 

Respondents: 14,669; Total Annual 

Responses: 2,651,523; Total Annual 

Hours: 40. For policy questions 

regarding this collection contact Usree 

Bandyopadhyay at 410–786–6650. 

Dated: March 22, 2022. 

William N. Parham, III, 

Director, Paperwork Reduction Staff, Office 

of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 2022–06340 Filed 3–24–22; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10507 and CMS– 

10105] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, Health and Human 

Services (HHS). 

ACTION: Notice. 

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 

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 

May 24, 2022. 

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: ll, Room C4–26–05, 

7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 


lotter on DSK11XQN23PROD with NOTICES1