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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103831-103832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30202]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10325]

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 February 18, 2025.

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.

[[Page 103832]]

    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-10325 Disclosure and Recordkeeping Requirements for Grandfathered 
Health Plans Under the Affordable Care Act

    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 Collections

    1. 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 provide contact information for 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 Sec.  147.140(g)(1) of the 2015 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, 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: 14,603; Total Annual Responses: 
2,094,506; Total Annual Hours: 40. (For policy questions regarding this 
collection contact Adam Pellillo at 667-290-9621.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-30202 Filed 12-18-24; 8:45 am]
BILLING CODE 4120-01-P
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