Agency Information Collection Activities: Proposed Collection; Comment Request

Citation84 FR 41991
Record Number2019-17663
Published date16 August 2019
SectionNotices
CourtCenters For Medicare & Medicaid Services
Federal Register, Volume 84 Issue 159 (Friday, August 16, 2019)
[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
                [Notices]
                [Pages 41991-41993]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-17663]
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                DEPARTMENT OF HEALTH AND HUMAN SERVICES
                Centers for Medicare & Medicaid Services
                [Document Identifier: CMS-10137 and CMS-10191]
                Agency Information Collection Activities: Proposed Collection;
                Comment Request
                AGENCY: Centers for Medicare & Medicaid 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 15, 2019.
                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 41992]]
                 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 website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.
                 2. Email your request, including your address, phone number, OMB
                number, and CMS document identifier, to [email protected].
                 3. Call the Reports Clearance Office at (410) 786-1326.
                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-10137 Title Solicitation for Applications for Medicare Prescription
                Drug Plan 2021 Contracts
                CMS-10191 Medicare Parts C and D Program Audit Protocols and Data
                Requests
                 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 Collection
                 1. Type of Information Collection Request: Revision of a currently
                approved collection; Title of Information Collection: Solicitation for
                Applications for Medicare Prescription Drug Plan 2021 Contracts; Use:
                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.
                 Collection of this information is mandated in Part D of the
                Medicare Prescription Drug, Improvement, and Modernization Act of 2003
                (MMA) in Subpart 3. The application requirements are codified in
                Subpart K of 42 CFR 423 entitled ``Application Procedures and Contracts
                with PDP Sponsors.''
                 The information will be collected under the solicitation of
                proposals from PDP, MA-PD, Cost Plan, Program of All Inclusive Care for
                the Elderly (PACE), and EGWP applicants. The collected information will
                be used by CMS to: (1) Ensure that applicants meet CMS requirements for
                offering Part D plans (including network adequacy, contracting
                requirements, and compliance program requirements, as described in the
                application), (2) support the determination of contract awards. Form
                Number: CMS-10137 (OMB control number: 0938-0936); Frequency: Yearly;
                Affected Public: State, Local, or Tribal Governments; Number of
                Respondents: 243; Total Annual Responses: 290; Total Annual Hours:
                1,384.79. (For policy questions regarding this collection contact
                Arianne Spaccarelli at 410-786-5715.)
                 2. Type of Information Collection Request: Revision of a currently
                approved collection; Title of Information Collection: Medicare Parts C
                and D Program Audit Protocols and Data Requests; Use: Under the
                Medicare Prescription Drug, Improvement, and Modernization Act of 2003
                and implementing regulations at 42 CFR parts 422 and 423, Medicare Part
                D plan sponsors and Medicare Advantage organizations are required to
                comply with all Medicare Parts C and D program requirements. CMS'
                annual audit plan ensures that we evaluate sponsoring organizations'
                compliance with these requirements. CMS program audits focus on high-
                risk areas that have the greatest potential for beneficiary harm. As
                such, CMS has developed several audit protocols that are included
                within the program area data request documents and that are posted to
                the CMS website each year for use by sponsoring organizations to
                prepare for their audit. As part of a robust audit process, CMS also
                requires sponsoring organizations who have been audited and found to
                have deficiencies to undergo a validation audit to ensure correction.
                The validation audit utilizes the same audit protocols, but only tests
                the elements where deficiencies were found, as opposed to re-
                administering the entire audit.
                 Currently CMS utilizes the following 5 protocols to audit
                sponsoring organization performance: Part D Formulary and Benefit
                Administration (FA); Coverage Determinations, Appeals, and Grievances
                (CDAG); Organization Determinations, Appeals, and Grievances (ODAG);
                Special Needs Model of Care (SNP-MOC) (only administered on
                organizations who operate SNPs); and, Compliance Program Effectiveness
                (CPE). The data collected is detailed in each of these protocols and
                the exact fields are located in the record layouts, at the end of each
                protocol. In addition, this collection request includes a pre-audit
                issue summary, three CPE questionnaires, one CPE organizational
                structure presentation template, one FA impact analysis template, two
                CDAG impact analysis templates, four OAG impact analysis templates, and
                three SNP-MOC impact analysis templates.
                 The information gathered during this audit will be used by the
                Medicare Parts C and D Oversight and Enforcement Group (MOEG) within
                the Center for Medicare (CM) and CMS Regional Offices to assess
                sponsoring organizations' compliance with Medicare program
                requirements. If outliers or other data anomalies are detected,
                Regional Offices will work in collaboration with (MOEG) and other
                divisions within CMS for follow-up and resolution. Additionally, MA and
                Part D organizations will receive the audit results and will be
                required to implement corrective action to correct any identified
                deficiencies. Form Number: CMS-10191 (OMB control number: 0938-1000);
                Frequency: Yearly; Affected Public: State, Local, or Tribal
                Governments; Number of Respondents: 201; Total Annual Responses: 207;
                Total Annual Hours: 17,525. (For policy questions regarding this
                collection contact Brenda Hudson at 303-844-7056.)
                [[Page 41993]]
                 Dated: August 13, 2019.
                William N. Parham, III,
                Director, Paperwork Reduction Staff, Office of Strategic Operations and
                Regulatory Affairs.
                [FR Doc. 2019-17663 Filed 8-15-19; 8:45 am]
                BILLING CODE 4120-01-P
                

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