[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43255-43256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16797]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10653]


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 (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 October 5, 2021.

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, 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 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-10653 Coverage of Certain Preventive Services 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

[[Page 43256]]

requirement, CMS is publishing this notice.

Information Collection

    1. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Coverage of 
Certain Preventive Services Under the Affordable Care Act; Use: The 
2018 final regulations titled ``Religious Exemptions and Accommodations 
for Coverage of Certain Preventive Services Under the Affordable Care 
Act'' (83 FR 57536) and ``Moral Exemptions and Accommodations for 
Coverage of Certain Preventive Services Under the Affordable Care Act'' 
(83 FR 57592) expand exemptions for religious beliefs and moral 
convictions for certain entities or individuals whose health plans may 
otherwise be subject to a mandate of contraceptive coverage through 
guidance issued pursuant to the Patient Protection and Affordable Care 
Act. The final regulations extend the exemption to health insurance 
issuers that hold religious or moral objections in certain 
circumstances, as well as to additional categories of group health plan 
sponsors.
    The 2018 final regulations also leave the accommodation process in 
place as an optional process for objecting entities who wish to use it, 
and expand the categories of group health plan sponsors that may avail 
themselves of the accommodation. To avoid contracting, arranging, 
paying, or referring for contraceptive coverage, an organization 
seeking to be treated as an eligible organization may self-certify (by 
using EBSA Form 700), prior to the beginning of the first plan year to 
which an accommodation is to apply, that it meets the definition of an 
eligible organization. The eligible organization must provide a copy of 
its self-certification to each health insurance issuer that would 
otherwise provide such coverage in connection with the health plan (for 
insured group health plans or student health insurance coverage). The 
issuer that receives the self-certification must provide separate 
payments for contraceptive services for plan participants and 
beneficiaries (or students and dependents). For a self-insured group 
health plan, the self-certification must be provided to its third party 
administrator. An eligible organization may submit a notification to 
HHS as an alternative to submitting EBSA Form 700 to the eligible 
organization's health insurance issuer or third party administrator. A 
health insurance issuer or third party administrator providing or 
arranging payments for contraceptive services for participants and 
beneficiaries in plans (or student enrollees and covered dependents in 
student health insurance coverage) of eligible organizations must 
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.
    Under the 2018 final regulations, eligible organizations can revoke 
the accommodation process if participants and beneficiaries (or student 
enrollees and covered dependents) receive written notice of such 
revocation from the issuer or third party administrator, and such 
revocation will be effective on the first day of the first plan year 
that begins on or after thirty days after the date of revocation. Final 
regulations were published in the Federal Register on July 14, 2015 (80 
FR 41318) under which qualifying closely held, for-profit entities may 
avail themselves of the accommodation. Previously, this accommodation 
had been available only to non-profit eligible organizations. The 2015 
final regulations also finalized the 2014 interim final regulations 
that permit an eligible organization to notify HHS directly that it 
will not contract, arrange, pay, or refer for all or a subset of 
contraceptive services. These information collection requirements 
(ICRs) are intended for use under whichever accommodation process is in 
effect at the time an entity avails of it (for example, the 2018 final 
regulations, or the 2015 final regulations). HHS will only implement 
the ICRs under regulations that are legally in effect at the time the 
ICRs are used. Form Number: CMS-10653 (OMB Control number 0938-1344); 
Frequency: On Occasion; Affected Public: Private Sector; Number of 
Respondents: 60; Number of Responses: 595,312; Total Annual Hours: 72. 
(For policy questions regarding this collection, contact Usree 
Bandyopadhyay at 410-786-6650.)

    Dated: August 2, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2021-16797 Filed 8-5-21; 8:45 am]
BILLING CODE 4120-01-P