```

[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3871-3872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00695]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10330 and CMS-10416]

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 (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 March 17, 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.
    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-10330 Notice of Rescission of Coverage and Disclosure Requirements 
for Patient Protection under the Affordable Care Act
CMS-10416 Blueprint for Approval of State-based Exchange

    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: Notice of 
Rescission of Coverage and Disclosure Requirements for Patient 
Protection under the Affordable Care Act; Use: Section 2712 of the 
Public Health Service Act (PHS Act), as added by the Affordable Care 
Act, contains a rescission notice. The No Surprises Act, enacted as 
part of the Consolidated Appropriations Act, 2021, sunset the patient 
protections related to choice of health care professional under section 
2719A of the PHS Act and recodified these patient protections in newly 
added section 9822 of the Internal Revenue Code, section 722 of the 
Employee Retirement Income Security Act, and section 2799A-7 of the PHS 
Act and extended the applicability of these provisions to grandfathered 
health plans for plan years beginning on or after January 1, 2022. The 
rescission notice will be used by health plans and issuers to provide 
advance notice to certain individuals that their coverage may be 
rescinded as a result of fraud or intentional misrepresentation of 
material fact. The patient protection notification will be used by 
certain health plans and issuers to inform individuals of their right 
to choose a primary care provider or pediatrician and to use 
obstetrical/gynecological services without prior authorization. The 
related provisions are finalized in the 2015 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) and 2021 interim final regulations titled 
``Requirements Related to Surprise Billing; Part I'' (86 FR 36872, July 
13, 2021). Form Number: CMS-10330 (OMB control number 0938-1094); 
Annually; Affected Public: State, Local, or Tribal Governments, Private 
Sector; Number of Respondents: 82,638; Total Annual Responses: 
13,741,303; Total Annual Hours: 10. (For policy questions regarding 
this

[[Page 3872]]

collection, contact Adam Pellillo at 667-290-9621.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: Blueprint for 
Approval of State-based Exchange; Use: The Patient Protection and 
Affordable Care Act (ACA) and its implementing regulations provide 
states with flexibility in the design and operation of Exchanges to 
ensure states are implementing Exchanges that best meet the needs of 
their consumers. States can choose to establish and operate a State-
based Exchange (SBE) or a State-based Exchange on the Federal Platform 
(SBE-FP). To ensure a state can operate a successful and compliant SBE 
or SBE-FP, it is critical that states provide CMS with a complete and 
thorough Exchange Blueprint Application, Declaration of Intent Letter, 
and attest to demonstrate operational readiness. The information 
collected from states will be used by CMS, IRS, SSA and reviewed by 
other Federal agencies to determine if a state can implement a complete 
and fully operational Exchange. Form Number: CMS-10416 (OMB control 
number: 0938-1172); Frequency: Annually; Affected Public: State, Local, 
or Tribal governments; Number of Respondents: 2; Total Annual 
Responses: 21; Total Annual Hours: 106. (For policy questions regarding 
this collection contact Tiffany Y. Animashaun at 
[email protected].)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2025-00695 Filed 1-14-25; 8:45 am]
BILLING CODE 4120-01-P
```