Agency Information Collection Activities: Submission for OMB Review; Comment Request, 19486-19487 [2020-07181]

Agencies

• Centers for Medicare & Medicaid Services
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19486-19487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07181]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10260]


Agency Information Collection Activities: Submission for OMB 
Review; 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

[[Page 19487]]

information from the public. Under the Paperwork Reduction Act of 1995 
(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 a second opportunity for public comment on 
the notice. Interested persons are invited to send comments regarding 
the burden estimate 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 on the collection(s) of information must be received by 
the OMB desk officer by May 7, 2020.

ADDRESSES: When commenting on the proposed information collections, 
please reference the document identifier or OMB control number. To be 
assured consideration, comments and recommendations must be received by 
the OMB desk officer via one of the following transmissions:
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.
    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.
    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 Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(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 (44 U.S.C. 3506(c)(2)(A)) requires 
federal agencies to publish a 30-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 that 
summarizes the following proposed collection(s) of information for 
public comment:
    1. Type of Information Collection Request: Revision with change of 
a currently approved collection; Title of Information Collection: 
Medicare Advantage and Prescription Drug Program: Final Marketing 
Provisions in 42 CFR 422.111(a)(3) and 423.128(a)(3); Use: Pursuant to 
disclosure requirements set out in sections 1851(d)(2)(A) and 1860D-
1(c) of the Social Security Act (the Act), and cited in Sec. Sec.  
422.111(a)(3) and 423.128(a)(3), Medicare Advantage (MA) organizations 
and Part D sponsors must provide notice to plan members of impending 
changes to plan benefits, premiums and cost sharing in the coming year. 
To this effect, members will be in the best position to make an 
informed choice on continued enrollment or disenrollment from that plan 
at least 15 days before the Annual Election Period (AEP) using the 
Annual Notice of Change (ANOC) and before the first day of the AEP for 
the Evidence of Coverage (EOC). MA organizations and Part D sponsors 
must notify plan members of the coming year changes using the 
standardized ANOC. Plans must disseminate the EOC at the time of 
enrollment and at least annually thereafter.
    CMS requires MA organizations and Part D sponsors to use the 
standardized documents being submitted for OMB approval to satisfy 
disclosure requirements mandated by section 1851 (d)(3)(A) of the Act 
and Sec.  422.111 for MA organizations and section 1860D-1(c) of the 
Act and Sec.  423.128(a)(3) for Part D sponsors.
    Sections 1851(h)(1) and (2) of the Act require MA organizations and 
Part D sponsors to obtain CMS approval of marketing materials to ensure 
that MA organizations and Part D sponsors disclose correct information 
to current and potential enrollees. CMS collects and retains the MA 
organization and Part D plan marketing materials via the Health Plan 
Management System (HPMS). MA organizations and Part D plans submit 
marketing materials to the CMS marketing material review process using 
HPMS. Both current and potential enrollees can review other marketing 
materials to find plan benefits, premiums, and cost sharing for the 
coming year (after October 1) and the current year to be in a better 
position to make.
    MA organizations and Part D sponsors use the information discussed 
in the Medicare Communication and Marketing Guidelines (MCMG) to comply 
with the requirements to seek CMS approval on marketing materials under 
MA and Part D law and regulations, as described above. CMS requires MA 
organizations and Part D sponsors to obtain CMS approval of marketing 
materials to ensure that MA organizations and Part D sponsors disclose 
correct information to current and potential enrollees. Both current 
and potential enrollees can review other marketing materials to find 
plan benefits, premiums, and cost sharing for the coming year (after 
October 1) and the current year to be in a better position to make 
informed and educated plan selections. Form Number: CMS-10260 (OMB 
control number: 0938-1051); Frequency: Yearly; Affected Public: State, 
Local, or Tribal Governments; Number of Respondents: 795; Total Annual 
Responses: 47,962; Total Annual Hours: 33,124. (For policy questions 
regarding this collection contact Timothy Roe at 410-786-2006.)

    Dated: April 1, 2020
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2020-07181 Filed 4-6-20; 8:45 am]
BILLING CODE 4120-01-P