[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Notices]
[Page 54160-54161]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se08-53]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services
[Document Identifier: CMS-10137 and CMS-10237 and 10214]
Emergency Clearance: Public Information Collection Requirements
Submitted to the Office of Management and Budget (OMB)
AGENCY: Center for Medicare and Medicaid Services, HHS.
In compliance with the requirement of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid
Services (CMS), Department of Health and Human Services, 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.
We are, however, requesting an emergency review of the information
collection referenced below. In compliance with the requirement of
section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have
submitted to the Office of Management and Budget (OMB) the following
requirements for emergency review. We are requesting an emergency
review because the collection of this information is needed before the
expiration of the normal time limits under OMB's regulations at 5 CFR
part 1320(a)(2)(iii). This is necessary to ensure compliance with an
initiative of the Administration. We cannot reasonably comply with the
normal clearance procedures because the use of normal clearance
procedures is reasonably likely to cause a statutory deadline to be
missed.
The Balanced Budget Act of 1997, established a new ``Part C'' in
the Medicare statute, sections 1851 through 1859 of the Social Security
Act, which provided for a Medicare+Choice (M+C) program. The Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) was
enacted on December 8, 2003. The MMA established the Medicare
Prescription Drug Benefit Program under section 101 of the MMA and is
codified in section 1860D of the Social Security Act which establishes
the voluntary Prescription Drug Benefit Program (``Part D''), and made
revisions to the provisions of Medicare Part C, governing what is now
called the Medicare Advantage (MA) program (formerly Medicare+Choice).
The MMA was amended on July 15, 2008 by the enactment of the Medicare
Improvements for Patients and Providers Act of 2008 (MIPPA).
CMS is in the process of publishing regulations that are intended
to be released as an interim final rule with comment. Many of the
provisions included in MIPPA that impact the Part C and Part D programs
are self-implementing, meaning these provisions will go into effect
without any further regulatory clarification or changes to the Part C
and Part D solicitations. As part of the revised information collection
request, CMS will implement into the Part C solicitations, sections
163, 164, and 165 of MIPPA, and implement into the Part D
solicitations, sections 171, 172 and 173 of MIPPA. These sections amend
the contractual requirements that Part C and Part D sponsors
(applicants) must have with CMS and with any downstream or related
entities performing Part C and Part D functions on the sponsor's
behalf. Currently CMS provides templates that contain the required
language for the contracts based on the statute and regulations. While
applicants do not have to use the exact CMS contract templates, they
will be responsible for including the required language in the
contracts when they submit materials to CMS for the 2010 contract year.
The solicitations do not represent new policy, but rather implement
the provisions that will exist in the forthcoming regulations, and
include clarifying edits and updates as well. Therefore, CMS is seeking
an emergency PRA clearance to amend the Part C and Part D solicitations
to reflect the new MIPPA requirements.
1. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Application for
Prescription Drug Plans (PDP); Application for Medicare Advantage
Prescription Drug (MA-PD); Application for Cost Plans to Offer
Qualified Prescription Drug Coverage; Application for Employer Group
Waiver Plans to Offer Prescription Drug Coverage; Service Area
Expansion Application for Prescription Drug Coverage; Use: Collection
of this information is mandated in Part D of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 and under supporting
regulations Subpart K of 42 CFR 423 entitled ``Application Procedures
and Contracts with PDP Sponsors.''
Coverage for the prescription drug benefit is provided through
contracted prescription drug plans (PDPs) or through Medicare Advantage
(MA) plans that offer integrated prescription drug and health care
coverage (MA-PD plans). Cost Plans that are regulated under Section
1876 of the Social Security Act, and Employer Group Waiver Plans (EGWP)
may also provide a Part D benefit. Organizations wishing to provide
services under the Prescription Drug Benefit Program must complete an
application, negotiate rates and receive final approval from CMS.
Existing Part D Sponsors may also expand their contracted service area
by completing the Service Area Expansion (SAE) application. The
information will be collected under the solicitation of proposals from
PDP, MA-PD, Cost Plan, PACE, and EGWP Plan applicants. The collected
information will be used by CMS to: (1) Ensure that applicants meet CMS
requirements, (2) support the determination of contract awards. Form
Number: CMS-10137 (OMB: 0938-0936); Frequency: Reporting--
Once; Affected Public: Business or other for-profit and Not-for-profit
institutions; Number of Respondents: 455 Total Annual Responses: 455;
Total Annual Hours: 11,890.
2. Type of Information Collection Request: Revision of a currently
approved collection; Title of Information Collection: Medicare
Advantage Applications--Part C; Use: Collection of this information is
mandated in Part C of the Medicare Prescription Drug, Improvement and
Modernization Act of 2003 (MMA) in Subpart K of 42 CRF 422 entitled
``Contracts with Medicare Advantage Organizations.'' Under section
1851(a)(1) of the Act, every individual entitled to Medicare Part A and
enrolled under Part B, except for most individuals with end-stage renal
disease, could elect to receive benefits either through the Original
Medicare
[[Page 54161]]
Program or an M+C plan, if one was offered where he or she lived.
Coverage for the prescription drug benefit is provided through
contracted prescription drug plans or through Medicare Advantage (MA)
plans that offer integrated prescription drug and health care coverage
(MA-PD plans). Cost plans that are required under section 1876 of the
Social Security Act, and Employer Group Waiver Plans (EGWP) may also
provide a Part D benefit. Organizations wishing to provide services
under the MA and MA-PD plans must complete an application, negotiate
rates and receive final approval from CMS. Certain existing MA plans
may also expand their contracted area by completing the Service Area
Expansion (SAE) application. The information will be collected under
the solicitation of proposals from MA-PD, Cost Plan, EGWP Plan
applicants. The collection information will be used by CMS to: (1)
ensure that applicants meet CMS requirements, (2) support the
determination of contract awards. Form Number: CMS-10237 and 10214
(OMB: 0938-0935); Frequency: Reporting--Yearly; Affected
Public: Business or other for-profit and Not-for-profit institutions;
Number of Respondents: 267; Total Annual Responses: 267; Total Annual
Hours: 6,709.
CMS is requesting OMB review and approval of this collection by
December 12, 2008, with a 180-day approval period. Written comments and
recommendation will be considered from the public if received by the
individuals designated below by the noted deadline below.
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, access CMS's
Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995
or E-mail your request, including your address, phone number, OMB
number, and CMS document identifier, to Paperwork@cms.hhs.gov, 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 October 20, 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; and, OMB Office of Information and
Regulatory Affairs, Attention: CMS Desk Officer, New Executive Office
Building, Room 10235, Washington, DC 20503, Fax Number: (202) 395-6974.
Dated: September 8, 2008.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations
and Regulatory Affairs.
[FR Doc. E8-21669 Filed 9-15-08; 9:00 am]
BILLING CODE 4120-01-P