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[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 45013-45014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17731]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10265]

Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services.

    In compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid 
Services (CMS) is publishing the following summary of proposed 
collections for public comment. Interested persons are invited to send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including any of the following subjects: (1) 
The necessity and utility of the proposed information collection for 
the proper performance of the agency's functions; (2) the accuracy of 
the estimated burden; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) the use of 
automated collection techniques or other forms of information 
technology to minimize the information collection burden.
    1. Type of Information Collection Request: New collection; Title of 
Information Collection: Mandatory Insurer Reporting Requirements of 
Section 111 of the Medicare, Medicaid and SCHIP Act of 2007 (MMSEA) 
(Pub. L. 110-173); Use: Section 111 of the Medicare, Medicaid and SCHIP 
Extension Act of 2007 (Pub. L. 110-173) amends the Medicare Secondary 
Payer (MSP) provisions of the Social Security Act (42 U.S.C. 1395y(b)) 
to provide for mandatory reporting by group health plan arrangements 
and by liability insurance (including self-insurance), no-fault 
insurance, and workers' compensation laws and plans. The law provides 
that, not withstanding any other provision of law, the Secretary of 
Health and Human Services may implement this provision by program 
instruction or otherwise. The Secretary has elected not to implement 
the provision through rulemaking and will implement by publishing 
instructions on a publicly available Web site and submitting an 
information collection request to OMB for review and approval of the 
associated information collection requirements.
    Effective January 1, 2009, as required by the MMSEA, an entity 
serving as an insurer or third party administrator for a group health 
plan and, in the case of a group health plan that is self-insured and 
self-administered, a plan administrator or fiduciary must: (1) Secure 
from the plan sponsor and plan participants such information as the 
Secretary may specify to identify situations where the group health 
plan is a primary plan to Medicare; and (2) report such information to 
the Secretary in the form and manner (including frequency) specified by 
the Secretary.
    Effective July 1, 2009, as required by the MMSEA, ``applicable 
plans,'' must: (1) Determine whether a claimant is entitled to Medicare 
benefits; and, if so, (2) report the identity of such claimant and 
provide such other information as the Secretary may require to properly 
coordinate Medicare benefits with respect to such insurance 
arrangements in the form and manner (including frequency) as the 
Secretary may specify after the claim is resolved through a settlement, 
judgment, award or other payment (regardless of whether or not there is 
a determination or admission of liability). Applicable plan refers to 
the following laws, plans or other arrangements, including the 
fiduciary or administrator for such law, plan or arrangement: (1) 
Liability insurance (including self-insurance); (2) No-fault

[[Page 45014]]

insurance; and (3) Workers' compensation laws or plans.
    As indicated, the Secretary has elected to implement this provision 
by publishing instructions at a Web site established for such purpose. 
The Web site is http://www.cms.hhs.gov/MandatoryInsRep/. CMS shall use 
this Web site to publish preliminary guidance as well as the final 
instructions. The Web site also advises interested parties how to 
comment on the preliminary guidance. Form Number: CMS-10265 
(OMB 0938-New); Frequency: Yearly; Affected Public: Business 
or other for-profits, Not-for-profit institutions and State, Local or 
Tribal Governments; Number of Respondents: 290,404; Total Annual 
Responses: 6,920,504; Total Annual Hours: 2,120,478.
    To obtain copies of the supporting statement and any related forms 
for the proposed paperwork collections referenced above, access CMS' 
Web Site at http://www.cms.hhs.gov/PaperworkReductionActof1995, or e-
mail your request, including your address, phone number, OMB number, 
and CMS document identifier, to [email protected], or call the 
Reports Clearance Office on (410) 786-1326.
    In commenting on the proposed information collections please 
reference the document identifier or OMB control number. To be assured 
consideration, comments and recommendations must be submitted in one of 
the following ways by September 30, 2008:
    1. Electronically. You may submit 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) 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.

    Dated: July 2, 2008.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations 
and Regulatory Affairs.
[FR Doc. E8-17731 Filed 7-31-08; 8:45 am]
BILLING CODE 4120-01-P
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