Agency Information Collection Activities: Proposed Collection; Comment Request, 11248-11250 [2011-4552]
Download as PDF
<![CDATA[
11248
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
Board of Governors of the Federal Reserve
System, February 24, 2011.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2011–4487 Filed 2–28–11; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Secretary’s Advisory Committee on
Human Research Protections; Notice
of Meeting
Department of Health and
Human Services, Office of the Secretary,
Office of the Assistant Secretary for
Health, Office for Human Research
Protections.
ACTION: Notice.
AGENCY:
Pursuant to Section 10(a) of
the Federal Advisory Committee Act,
Public Law 92–463, as amended (5
U.S.C. App.), notice is hereby given that
the Secretary’s Advisory Committee on
Human Research Protections (SACHRP)
will hold its twenty-fourth meeting. The
meeting will be open to the public.
Information about SACHRP and the
meeting agenda will be posted on the
SACHRP Web site at: https://
www.dhhs.gov/ohrp/sachrp/mtgings/
index.html.
DATES: The meeting will be held on
Tuesday, March 8, 2011 from 8:30 a.m.
until 5 p.m. and Wednesday, March 9,
2011 from 8:30 a.m. until 5 p.m.
ADDRESSES: U.S. Department of Health
and Human Services, 200 Independence
Avenue, SW., Hubert H. Humphrey
Building, Room 800, Washington, DC
20201.
FOR FURTHER INFORMATION CONTACT: Jerry
Menikoff, M.D., J.D., Director, Office for
Human Research Protections, or Julia
Gorey, J.D., Executive Director,
SACHRP; U.S. Department of Health
and Human Services, 1101 Wootton
Parkway, Suite 200, Rockville,
Maryland 20852; 240–453–6900, fax:
240–453–6909; e-mail address:
Julia.Gorey@hhs.gov.
SUPPLEMENTARY INFORMATION: Under the
authority of 42 U.S.C. 217a, Section 222
of the Public Health Service Act, as
amended, SACHRP was established to
provide expert advice and
recommendations to the Secretary of
Health and Human Services and the
Assistant Secretary for Health on issues
and topics pertaining to or associated
with the protection of human research
subjects.
On March 8, 2011, SACHRP will hear
a panel presentation on the work of the
Federal Demonstration Partnership,
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:42 Feb 28, 2011
Jkt 223001
followed by discussion. This will be
followed by the report of the Subpart A
Subcommittee (SAS), focusing on
improvements to the informed consent
process. SAS is charged with
developing recommendations for
consideration by SACHRP about the
application of subpart A of 45 CFR part
46 in the current research environment.
This subcommittee was established by
SACHRP at its October 2006 meeting.
The afternoon will close with a panel
presentation on the reporting and return
of individual research results, including
issues associated with the Clinical
Laboratory Improvement Amendments.
On March 9, 2011, the morning will
open with a panel discussion on the
reporting and return of aggregate
research results, including a report on
the status of ClinicalTrials.gov. The
Subcommittee on Harmonization (SOH)
will end the meeting with a report on
their work to date. The SOH was
established by SACHRP at its July 2009
meeting, and is charged with identifying
and prioritizing areas in which
regulations and/or guidelines for human
subjects research adopted by various
agencies or offices within HHS would
benefit from harmonization,
consistency, clarity, simplification and/
or coordination. Public comment will be
heard on both days. Public attendance at
the meeting is limited to space
available. Individuals who plan to
attend the meeting and need special
assistance, such as sign language
interpretation or other reasonable
accommodations, should notify the
designated contact persons. Members of
the public will have the opportunity to
provide comments on both days of the
meeting. Public comment will be
limited to five minutes per speaker. Any
members of the public who wish to have
printed materials distributed to
SACHRP members for this scheduled
meeting should submit materials to the
Executive Director, SACHRP, prior to
the close of business on March 4, 2011.
An unforeseen administrative matter
delayed this notice being submitted to
the Federal Register for publication.
Dated: February 23, 2011.
Jerry Menikoff,
Director, Office for Human Research
Protections, Executive Secretary, Secretary’s
Advisory Committee on Human Research
Protections.
[FR Doc. 2011–4473 Filed 2–28–11; 8:45 am]
BILLING CODE 4150–36–P
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–R–185, CMS–
10303 and CMS–10379]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Centers for Medicare &
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 & 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: Extension of currently
approved collection; Title of
Information Collection: Granting and
Withdrawal of Deeming Authority to
Private Nonprofit Accreditation
Organizations and of State Exemption
Under State Laboratory Programs and
Supporting Regulations; Form No.:
CMS–R–185 (OMB#: 0938–0686); Use:
The information required is necessary to
determine whether a private
accreditation organization/State
licensure program standards and
accreditation/licensure process is at
least equal to or more stringent than
those of the Clinical Laboratory
Improvement Amendments of 1988
(CLIA). If an accreditation organization
is approved, the laboratories that it
accredits are ‘‘deemed’’ to meet the CLIA
requirements based on this
accreditation. Similarly, if a State
licensure program is determined to have
requirements that are equal to or more
stringent than those of CLIA, its
laboratories are considered to be exempt
from CLIA certification and
requirements. The information collected
will be used by HHS to: determine
comparability/equivalency of the
accreditation organization standards
AGENCY:
E:\FR\FM\01MRN1.SGM
01MRN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
and policies or State licensure program
standards and policies to those of the
CLIA program; to ensure the continued
comparability/equivalency of the
standards; and to fulfill certain statutory
reporting requirements; Frequency:
Occasionally; Affected Public: Private
Sector: Business or other for-profits,
Not-for-profit institutions; Number of
Respondents: 8; Total Annual
Responses: 96; Total Annual Hours:
384. (For policy questions regarding this
collection contact Minnie Christian at
410–786–3339. For all other issues call
410–786–1326.)
2. Type of Information Collection
Request: Revision of currently approved
collection; Title of Information:
Medicare Gainsharing Demonstration
Evaluation: Physician Focus Groups;
Use: The proposed physician focus
groups are part of the evaluation of the
Centers for Medicare and Medicaid
Services (CMS)’s Medicare Physician
Hospital Collaboration Demonstration.
The Congress, under Section 646 of the
Medicare Modernization Act (MMA) of
2003 permitted CMS to conduct
demonstrations to test methods for the
provision of incentives for improving
the quality and safety of care and
achieving the efficient allocation of
resources. The primary goal of the
demonstration is to evaluate gainsharing
as means to align physician and hospital
incentives to improve quality and
efficiency. This demonstration plans to
use the physician focus group protocols
approved by OMB for the DRA 5007
Gainsharing Demonstration. Form
Number: CMS–10303 (OMB#: 0938–
1103); Frequency: Once; Affected
Public: Private Sector, Business or other
for profits; Number of Respondents: 288;
Total Annual Responses: 144; Total
Annual Hours: 144 (For policy
questions regarding this collection
contact William Buczko at 410–786–
6593. For all other issues call 410–786–
1326.)
3. Type of Information Collection
Request: New Collection; Title of
Information Collection: Rate Increase
Disclosure and Review Reporting
Requirements (45 CFR Part 154) Use:
Under the Section 1003 of the
Affordable Care Act (Section 2794 of the
Public Health Service Act), the
Secretary, in conjunction with the
States, is required to establish a process
for the annual review, beginning with
the 2010 plan year, of unreasonable
increases in premiums for health
insurance coverage. Section 2794 directs
the Secretary to ensure the public
disclosure of information of
unreasonable rate increases and
justification for those increases.
VerDate Mar<15>2010
18:42 Feb 28, 2011
Jkt 223001
11249
Preliminary Justification
would be collected to provide
consumers with basic information on all
rate increases that are subject to review
under the rate review program. Under
the proposed rule, ‘‘subject to review’’
rate increases would be reviewed by
either States or HHS, depending on
whether a State has an effective rate
review program. Issuers would only be
required to submit Part III of the
Preliminary Justification when HHS is
conducting the review of a ‘‘subject to
review’’ rate increase. Accordingly, Part
III requires health insurance issuers to
provide detailed rate data that would be
used for the purposes of conducting
thorough actuarial reviews and for
making determinations about whether
rate increases are unreasonable. This
Notice contains the following
information about the Preliminary
Justification:
• Preliminary Justification Issuer
Instructions: Health insurance issuer
instructions for completing all three
parts of the Preliminary Justification.
• Part I Worksheet: A standardized
Excel worksheet that must be used to
complete Part I of the Preliminary
Justification.
• Sample internet display of the Rate
Review Consumer Disclosure:
Information provided in the Preliminary
Justification would be posted on an
HHS Web site. This sample display
shows how the information contained in
the Part I Worksheet would be displayed
to consumers.
CCIIO is also requesting comments on
the presentation and content of the
consumer information contained in
Parts I and II of the Preliminary
Justification. Specifically, CCIIO would
like comments on the usefulness and
clarity of this information for
consumers. Additionally, the
Preliminary Justification is designed to
limit burden on health insurance issuers
by collecting data that most issuers
should have readily available either
through their State rate filing
requirements or internal rate making
analysis. CCIIO is requesting comments
on the extent to which the data elements
and definitions utilized in the
Preliminary Justification align with
current industry data collection and
reporting standards.
The Preliminary Justification consists
of three parts, Part I: Rate Increase
Summary, Part II: Written Explanation
of the Rate Increase, and Part III: Rate
Filing Documentation. Issuers must
complete Parts I and II for all rate
increases that exceed the reporting
threshold as defined in the proposed
rule. As described in the preamble of
the proposed rule, this information
Rate Review Final Determination
Under the proposed rule States and
HHS would have to provide a Rate
Review Final Determination at the close
of their review of all ‘‘subject to review’’
rate increases. The Rate Review Final
Determination must provide the State’s
or HHS’ determination on whether a
rate increases is ‘unreasonable’. Section
154.301(a)(3) of the proposed rule
provides a list of actuarial review
elements that must be taken into
account as part of the rate review
process. The Final Determination must
provide a brief statement explaining
how the review of elements set forth in
§ 154.301(a)(3) caused the State or HHS
to arrive at its determination that the
rate is unreasonable.
The Rate Review Final Determination
will be entered into a data entry text box
in the Rate Review Data Collection
System. HHS is estimating that this
statement would be approximately a
paragraph in length. There is no specific
form or set of instructions associated
with this reporting requirement, apart
from the reporting requirements
provided in the proposed rule. The
information provided in the Rate
General Information
On December 23, 2010, HHS
published a proposed regulation in the
Federal Register defining the
unreasonable rate review process and
issuer reporting and disclosure
requirements (Rate Increase Disclosure
and Review Proposed Rule, 75 FR
81004). The proposed regulation
establishes the following reporting
requirements:
• The Preliminary Justification: This
data collection is required of all health
insurance issuers for all rate increases
that exceed the ‘‘subject to review’’’
reporting threshold as defined in the
proposed rule. This information will be
posted on an HHS Web site.
• Rate Review Final Determination:
This data collection requires States with
effective rate review programs and HHS
to report their review findings and
unreasonable rate increase
determinations on all rate increases that
are subject to review. This information
will be posted on an HHS Web site.
• The Final Justification for an
Unreasonable Rate Increase: This data
collection is required of health
insurance issuers that elect to
implement a rate increase that is
determined to be unreasonable based on
State or HHS review. This information
will be posted on the Health Insurance
Issuer’s Web site and on an HHS Web
site.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
E:\FR\FM\01MRN1.SGM
01MRN1
11250
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
Review Final Determination will be
posted as part of the rate review
consumer disclosure information on an
HHS Web site.
Final Justification for an Unreasonable
Rate Increase
The proposed rule states that if a
health insurance issuer implements a
rate increase determined by HHS or a
State to be unreasonable, the health
insurance issuer must provide a Final
Justification for an Unreasonable Rate
Increase. In the Final Justification,
issuers would have to provide a short
statement about why they are electing to
implement an unreasonable rate
increase. This statement would be
entered into a data entry text box in the
Rate Review Data Collection System and
would not need to be more than a
paragraph or two in length. There is no
form or instructions associated with this
statement apart from the requirements
provided in the proposed regulation.
The Final Justification Statement will
be posted on an HHS Web site in the
same location as the Preliminary
Justification and Rate Review Final
Determination. Additionally, health
insurance issuers implementing rate
increases that were determined to be
unreasonable, must post all of this
information—the Preliminary
Justification, the Rate Review Final
Determination, and the Final
Justification Statement on their Web
sites for a period of 3 years.
Form Number: CMS–10379; (OMB
Control No. 0938–NEW) Frequency:
Annually; Affected Public: Private
Sector; Number of Respondents: 1,543
Number of Responses: 1,546; Total
Annual Hours: 8,418. (For policy
questions regarding this collection,
contact Sally McCarty at (301) 492–4489
or RateReview@hhs.gov. For all other
issues call 410–786–1326.)
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, access CMS’ Web site
at https://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 at 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 May 2, 2011:
1. Electronically. You may submit
your comments electronically to https://
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: February 23, 2011.
Martique Jones,
Director, Regulations Development Group,
Division B, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2011–4552 Filed 2–25–11; 11:15 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for OMB Review;
Comment Request
Title: Child Care and Development
Fund Tribal Plan Preprint—ACF–118–
A.
OMB No.: 0970–0198.
Description: The Child Care and
Development Fund (CCDF) Plan (the
Plan) for Tribes (Indian Tribes, Tribal
consortia and Tribal organizations) is
required from each CCDF Lead agency
in accordance with Section 658E of the
Child Care and Development Block
Grant Act of 1990, as amended (Pub. L.
101–508, Pub. L. 104–193, and 42 U.S.C.
9858). The implementing regulations for
the statutorily required Plan are set forth
at 45 CFR 98.10 through 98.18. The
Plan, submitted on the ACF 118–A, is
required biennially, and remains in
effect for two years. The Plan provides
ACF and the public with a description
of, and assurance about, the Tribal child
care program. The ACF 118–A is
currently approved through September
30, 2011, making it available to Tribes
needing to submit Plan Amendments
through the end of the FY 2011 Plan
Period. However, on July 1, 2011, Tribes
will be required to submit their FY
2012–2013 Plans for approval by
September 30, 2011. Consistent with the
statute and regulations, ACF requests
revision of the ACF 118–A with minor
corrections and modifications.
The Office of Child Care(OCC) has
given thoughtful consideration to the
comments received from the 1st Public
Notice. OCC has revised the document
to reflect some of the changes made to
minimize the burden of the collection of
information on respondents. The
revised document contains revisions to
improve the accuracy and clarity of
questions in order to improve the
quality of information that is collected.
This second Public Comment Period
provides an opportunity for the public
to submit comments to the Office of
Management and Budget (OMB).
Copies of the proposed collection may
be obtained by writing to the
Administration for Children and
Families, Office of Administration,
Office of Information Services, 370
L’Enfant Promenade, SW., Washington,
DC 20447, Attn: ACF Reports Clearance
Officer. All requests should be
identified by the title of the information
collection. E-mail address:
infocollection@acf.hhs.gov.
Respondents:
ANNUAL BURDEN ESTIMATES
Number of
respondents
Number of
responses per
respondent
Average burden
hours per
response
Total burden
hours
CCDF Tribal Plan ............................................................................
jlentini on DSKJ8SOYB1PROD with NOTICES
Instrument
257
0.5
120
15,420
Estimated Total Annual Burden
Hours: 15,420.
Additional Information: Copies of the
proposed collection may be obtained by
writing to the Administration for
VerDate Mar<15>2010
18:42 Feb 28, 2011
Jkt 223001
Children and Families, Office of
Administration, Office of Information
Services, 370 L’Enfant Promenade, SW.,
Washington, DC 20447, Attn: ACF
Reports Clearance Officer. All requests
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
should be identified by the title of the
information collection. E-mail address:
infocollection@acf.hhs.gov.
OMB Comment: OMB is required to
make a decision concerning the
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11248-11250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4552]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-R-185, CMS-10303 and CMS-10379]
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Centers for Medicare & 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 & 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: Extension of currently
approved collection; Title of Information Collection: Granting and
Withdrawal of Deeming Authority to Private Nonprofit Accreditation
Organizations and of State Exemption Under State Laboratory Programs
and Supporting Regulations; Form No.: CMS-R-185 (OMB: 0938-
0686); Use: The information required is necessary to determine whether
a private accreditation organization/State licensure program standards
and accreditation/licensure process is at least equal to or more
stringent than those of the Clinical Laboratory Improvement Amendments
of 1988 (CLIA). If an accreditation organization is approved, the
laboratories that it accredits are ``deemed'' to meet the CLIA
requirements based on this accreditation. Similarly, if a State
licensure program is determined to have requirements that are equal to
or more stringent than those of CLIA, its laboratories are considered
to be exempt from CLIA certification and requirements. The information
collected will be used by HHS to: determine comparability/equivalency
of the accreditation organization standards
[[Page 11249]]
and policies or State licensure program standards and policies to those
of the CLIA program; to ensure the continued comparability/equivalency
of the standards; and to fulfill certain statutory reporting
requirements; Frequency: Occasionally; Affected Public: Private Sector:
Business or other for-profits, Not-for-profit institutions; Number of
Respondents: 8; Total Annual Responses: 96; Total Annual Hours: 384.
(For policy questions regarding this collection contact Minnie
Christian at 410-786-3339. For all other issues call 410-786-1326.)
2. Type of Information Collection Request: Revision of currently
approved collection; Title of Information: Medicare Gainsharing
Demonstration Evaluation: Physician Focus Groups; Use: The proposed
physician focus groups are part of the evaluation of the Centers for
Medicare and Medicaid Services (CMS)'s Medicare Physician Hospital
Collaboration Demonstration. The Congress, under Section 646 of the
Medicare Modernization Act (MMA) of 2003 permitted CMS to conduct
demonstrations to test methods for the provision of incentives for
improving the quality and safety of care and achieving the efficient
allocation of resources. The primary goal of the demonstration is to
evaluate gainsharing as means to align physician and hospital
incentives to improve quality and efficiency. This demonstration plans
to use the physician focus group protocols approved by OMB for the DRA
5007 Gainsharing Demonstration. Form Number: CMS-10303 (OMB:
0938-1103); Frequency: Once; Affected Public: Private Sector, Business
or other for profits; Number of Respondents: 288; Total Annual
Responses: 144; Total Annual Hours: 144 (For policy questions regarding
this collection contact William Buczko at 410-786-6593. For all other
issues call 410-786-1326.)
3. Type of Information Collection Request: New Collection; Title of
Information Collection: Rate Increase Disclosure and Review Reporting
Requirements (45 CFR Part 154) Use: Under the Section 1003 of the
Affordable Care Act (Section 2794 of the Public Health Service Act),
the Secretary, in conjunction with the States, is required to establish
a process for the annual review, beginning with the 2010 plan year, of
unreasonable increases in premiums for health insurance coverage.
Section 2794 directs the Secretary to ensure the public disclosure of
information of unreasonable rate increases and justification for those
increases.
General Information
On December 23, 2010, HHS published a proposed regulation in the
Federal Register defining the unreasonable rate review process and
issuer reporting and disclosure requirements (Rate Increase Disclosure
and Review Proposed Rule, 75 FR 81004). The proposed regulation
establishes the following reporting requirements:
The Preliminary Justification: This data collection is
required of all health insurance issuers for all rate increases that
exceed the ``subject to review''' reporting threshold as defined in the
proposed rule. This information will be posted on an HHS Web site.
Rate Review Final Determination: This data collection
requires States with effective rate review programs and HHS to report
their review findings and unreasonable rate increase determinations on
all rate increases that are subject to review. This information will be
posted on an HHS Web site.
The Final Justification for an Unreasonable Rate Increase:
This data collection is required of health insurance issuers that elect
to implement a rate increase that is determined to be unreasonable
based on State or HHS review. This information will be posted on the
Health Insurance Issuer's Web site and on an HHS Web site.
Preliminary Justification
CCIIO is also requesting comments on the presentation and content
of the consumer information contained in Parts I and II of the
Preliminary Justification. Specifically, CCIIO would like comments on
the usefulness and clarity of this information for consumers.
Additionally, the Preliminary Justification is designed to limit burden
on health insurance issuers by collecting data that most issuers should
have readily available either through their State rate filing
requirements or internal rate making analysis. CCIIO is requesting
comments on the extent to which the data elements and definitions
utilized in the Preliminary Justification align with current industry
data collection and reporting standards.
The Preliminary Justification consists of three parts, Part I: Rate
Increase Summary, Part II: Written Explanation of the Rate Increase,
and Part III: Rate Filing Documentation. Issuers must complete Parts I
and II for all rate increases that exceed the reporting threshold as
defined in the proposed rule. As described in the preamble of the
proposed rule, this information would be collected to provide consumers
with basic information on all rate increases that are subject to review
under the rate review program. Under the proposed rule, ``subject to
review'' rate increases would be reviewed by either States or HHS,
depending on whether a State has an effective rate review program.
Issuers would only be required to submit Part III of the Preliminary
Justification when HHS is conducting the review of a ``subject to
review'' rate increase. Accordingly, Part III requires health insurance
issuers to provide detailed rate data that would be used for the
purposes of conducting thorough actuarial reviews and for making
determinations about whether rate increases are unreasonable. This
Notice contains the following information about the Preliminary
Justification:
Preliminary Justification Issuer Instructions: Health
insurance issuer instructions for completing all three parts of the
Preliminary Justification.
Part I Worksheet: A standardized Excel worksheet that must
be used to complete Part I of the Preliminary Justification.
Sample internet display of the Rate Review Consumer
Disclosure: Information provided in the Preliminary Justification would
be posted on an HHS Web site. This sample display shows how the
information contained in the Part I Worksheet would be displayed to
consumers.
Rate Review Final Determination
Under the proposed rule States and HHS would have to provide a Rate
Review Final Determination at the close of their review of all
``subject to review'' rate increases. The Rate Review Final
Determination must provide the State's or HHS' determination on whether
a rate increases is `unreasonable'. Section 154.301(a)(3) of the
proposed rule provides a list of actuarial review elements that must be
taken into account as part of the rate review process. The Final
Determination must provide a brief statement explaining how the review
of elements set forth in Sec. 154.301(a)(3) caused the State or HHS to
arrive at its determination that the rate is unreasonable.
The Rate Review Final Determination will be entered into a data
entry text box in the Rate Review Data Collection System. HHS is
estimating that this statement would be approximately a paragraph in
length. There is no specific form or set of instructions associated
with this reporting requirement, apart from the reporting requirements
provided in the proposed rule. The information provided in the Rate
[[Page 11250]]
Review Final Determination will be posted as part of the rate review
consumer disclosure information on an HHS Web site.
Final Justification for an Unreasonable Rate Increase
The proposed rule states that if a health insurance issuer
implements a rate increase determined by HHS or a State to be
unreasonable, the health insurance issuer must provide a Final
Justification for an Unreasonable Rate Increase. In the Final
Justification, issuers would have to provide a short statement about
why they are electing to implement an unreasonable rate increase. This
statement would be entered into a data entry text box in the Rate
Review Data Collection System and would not need to be more than a
paragraph or two in length. There is no form or instructions associated
with this statement apart from the requirements provided in the
proposed regulation.
The Final Justification Statement will be posted on an HHS Web site
in the same location as the Preliminary Justification and Rate Review
Final Determination. Additionally, health insurance issuers
implementing rate increases that were determined to be unreasonable,
must post all of this information--the Preliminary Justification, the
Rate Review Final Determination, and the Final Justification Statement
on their Web sites for a period of 3 years.
Form Number: CMS-10379; (OMB Control No. 0938-NEW) Frequency:
Annually; Affected Public: Private Sector; Number of Respondents: 1,543
Number of Responses: 1,546; Total Annual Hours: 8,418. (For policy
questions regarding this collection, contact Sally McCarty at (301)
492-4489 or RateReview@hhs.gov. For all other issues call 410-786-
1326.)
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, access CMS'
Web site at https://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 at 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 May 2, 2011:
1. Electronically. You may submit your comments electronically to
https://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: February 23, 2011.
Martique Jones,
Director, Regulations Development Group, Division B, Office of
Strategic Operations and Regulatory Affairs.
[FR Doc. 2011-4552 Filed 2-25-11; 11:15 am]
BILLING CODE 4120-01-P
