Agency Information Collection Activities: Proposed Collection; Comment Request, 43406-43407 [2024-10900]

Download as PDF 43406 Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Notices have been promulgated by the Department of Health and Human Services (HHS) as a final rule, advice on methods of dose reconstruction which have also been promulgated by HHS as a final rule, advice on the scientific validity and quality of dose estimation and reconstruction efforts being performed for purposes of the compensation program, and advice on petitions to add classes of workers to the Special Exposure Cohort (SEC). In December 2000, the President delegated responsibility for funding, staffing, and operating the Advisory Board to HHS, which subsequently delegated this authority to the CDC. NIOSH implements this responsibility for CDC. The charter was issued on August 3, 2001, renewed at appropriate intervals, and rechartered under Executive Order 14109 on September 29, 2023. Unless continued by the President the Board will terminate on September 30, 2025, consistent with E.O. 14109 of September 29, 2023. The Director, Office of Strategic Business Initiatives, Office of the Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry. Kalwant Smagh, Director, Office of Strategic Business Initiatives, Office of the Chief Operating Officer, Centers for Disease Control and Prevention. [FR Doc. 2024–10833 Filed 5–16–24; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS–10307] Agency Information Collection Activities: Proposed Collection; Comment Request FOR FURTHER INFORMATION CONTACT: Centers for Medicare & Medicaid Services, Health and Human Services (HHS). ACTION: Notice. Contents 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 (PRA), federal agencies are required to 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). AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES 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 July 16, 2024. 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 https:// 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: ll, Room C4–26–05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing. SUMMARY: VerDate Sep<11>2014 17:20 May 16, 2024 Jkt 262001 William N. Parham at (410) 786–4669. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 CMS–10307 Medical Necessity and Claims Denial Disclosures Under MHPAEA 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: Extension of a currently approved collection; Title of Information Collection: Medical Necessity and Claims Denial Disclosures under MHPAEA; Use: The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (Pub. L.110–343) generally requires that group health plans and group health insurance issuers offering both medical and surgical (med/surg) and mental health or substance use disorder (MH/SUD) benefits do not apply any more restrictive financial requirements (e.g., co-pays, deductibles) and/or treatment limitations (e.g., visit limits) to MH/SUD benefits than those requirements and/or limitations applied to substantially all med/surg benefits. The Patient Protection and Affordable Care Act, Public Law 111–148, was enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010, Public Law 111–152, was enacted on March 30, 2010. These statutes are collectively known as the ‘‘Affordable Care Act’’ (ACA). The ACA extended MHPAEA to apply to the individual health insurance market. Additionally, the Department of Health and Human Services (HHS) final regulation regarding essential health benefits (EHB) requires health insurance issuers offering non-grandfathered health insurance coverage in the individual and small group markets, through an Exchange or outside of an Exchange, to comply with the requirements of the MHPAEA regulations to satisfy the E:\FR\FM\17MYN1.SGM 17MYN1 Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Notices requirement to cover EHB (45 CFR 147.150 and 156.115). khammond on DSKJM1Z7X2PROD with NOTICES Medical Necessity Disclosure Under MHPAEA MHPAEA specifically amends the Public Health Service (PHS) Act to require plan administrators or health insurance issuers to provide, upon request, the criteria for medical necessity determinations made with respect to MH/SUD benefits to current or potential participants, beneficiaries, or contracting providers. The Final Rules under MHPAEA set forth rules for providing criteria for medical necessity determinations. CMS administers MHPAEA with respect to self-insured, non-Federal governmental plans in all States, and health insurance issuers in two States. Claims Denial Disclosure Under MHPAEA MHPAEA specifically amends the PHS Act to require plan administrators or health insurance issuers to provide, upon request, the reason for any denial or reimbursement of payment for MH/ SUD services to the participant or beneficiary involved in the case. The Final Rules under MHPAEA at 45 CFR 146.136(d)(2) implement MHPAEA. CMS administers MHPAEA with respect to self-insured, non-Federal governmental plans in all States and health insurance issuers in two States, and the regulation provides a safe harbor such that non-Federal governmental plans (and issuers offering coverage in connection with such plans) are deemed to comply with requirements of paragraph (d)(2) of 45 CFR 146.136 if they provide the reason for claims denial in a form and manner consistent with ERISA requirements found in 29 CFR 2560.503–1. Section 146.136(d)(3) clarifies that PHS Act section 2719 governing internal claims and appeals and external review as implemented by 45 CFR 147.136, covers MHPAEA claims denials and requires that, when a non-quantitative treatment limitation (NQTL) is the basis for a claims denial, that a non-grandfathered plan or issuer must provide the processes, strategies, evidentiary standard, and other factors used in developing and applying the NQTL with respect to med/surg benefits and MH/ SUD benefits. Disclosure Request Form Group health plan participants, beneficiaries, covered individuals in the individual market, or persons acting on their behalf, may use this optional model form to request information from plans regarding the medical necessity VerDate Sep<11>2014 17:20 May 16, 2024 Jkt 262001 and claims denials disclosures referenced above. Form Number: CMS– 10307 (OMB control number: 0938– 1080); Frequency: On Occasion; Affected Public: State, Local, or Tribal Governments, Private Sector, Individuals; Number of Respondents: 282,657; Total Annual Responses: 1,125,558; Total Annual Hours: 93,797. (For policy questions regarding this collection contact Erik Gomez at 667– 414–0682.) William N. Parham, III, Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2024–10900 Filed 5–16–24; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Privacy Act of 1974; System of Records Administration for Children and Families, Department of Health and Human Services. ACTION: Notice of a modified system of records. AGENCY: In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS) is modifying an existing system of records maintained by the Administration for Children and Families (ACF), Office of Child Support Services (OCSS): System No. 09–80–0389, ‘‘OCSE Data Center General Support System,’’ being renamed ‘‘OCSS Data Exchange Platform.’’ SUMMARY: This Notice is applicable May 17, 2024, subject to a 30-day period in which to comment on the new and revised routine uses, described below. Please submit any comments by June 17, 2024. ADDRESSES: The public should address written comments by mail or email to: Anita Alford, Senior Official for Privacy, Administration for Children and Families, 330 C St. SW, Washington, DC 20201, or by email to anita.alford@ acf.hhs.gov. DATES: FOR FURTHER INFORMATION CONTACT: General questions about these system of records should be submitted by mail or email to Venkata Kondapolu, Director, Division of Federal Systems, Office of Child Support Services, at 330 C St. SW—5th Floor, Washington, DC 20201, PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 43407 or venkata.kondapolu@acf.hhs.gov, or by phone at 202–260–4712. SUPPLEMENTARY INFORMATION: I. Explanation of Changes to System of Records 09–80–0381 In accordance with 5 U.S.C. 552a(e)(4) and (11), HHS is modifying an existing system of records maintained by ACF/ OCSS: System No. 09–80–0389, being renamed ‘‘OCSS Data Exchange Platform.’’ The system of records covers records supporting State and Tribal child support programs, and the program’s external stakeholders, which are exchanged electronically using a secure data exchange platform (the OCSS Data Exchange Platform, or any successor system) provided by OCSS. The data exchange platform facilitates electronic exchanges of information about individual participants in child support cases, between State child support agencies and other external partners such as employers, health plan administrators, financial institutions, and central authorities in foreign treaty countries or foreign countries that are the subject of a declaration under 42 U.S.C. 659a. The child support agencies and other external partners use the data exchange platform to electronically submit information to and receive information from each other, through OCSS. The System of Records Notice (SORN) for system of records 09–80–0389 has been modified as follows: • The system of records name has been changed to ‘‘OCSS Data Exchange Platform’’ to reflect the name change of the ‘‘Office of Support Enforcement’’ to the ‘‘Office of Child Support Services’’ and to provide a more meaningful name for the system of records. • The System Manager(s) section has been revised to change the office name to Office of Child Support Services. • The Purpose(s) section has been revised to describe the system as a data exchange platform, rather than as a ‘‘gateway system,’’ and one purpose, at the end of the section, has been expanded to include the use of the data exchange platform by foreign authorities to transmit case information associated with child support disbursements transmitted from a foreign authority to the United States through the Central Authority Payment (CAP) service. • The Categories of Records section has been revised to make these changes to Category (4): Æ The phrase ‘‘which includes’’ has been changed to ‘‘which may include.’’ Æ Under (4)(c), ‘‘agency’s case number’’ had been changed to ‘‘agency’s case identifier.’’ E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43406-43407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10900]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10307]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

-----------------------------------------------------------------------

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 (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 July 16, 2024.

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 
https://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.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, please access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.

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-10307 Medical Necessity and Claims Denial Disclosures Under MHPAEA

    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: Extension of a currently 
approved collection; Title of Information Collection: Medical Necessity 
and Claims Denial Disclosures under MHPAEA; Use: The Paul Wellstone and 
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 
(MHPAEA) (Pub. L.110-343) generally requires that group health plans 
and group health insurance issuers offering both medical and surgical 
(med/surg) and mental health or substance use disorder (MH/SUD) 
benefits do not apply any more restrictive financial requirements 
(e.g., co-pays, deductibles) and/or treatment limitations (e.g., visit 
limits) to MH/SUD benefits than those requirements and/or limitations 
applied to substantially all med/surg benefits. The Patient Protection 
and Affordable Care Act, Public Law 111-148, was enacted on March 23, 
2010, and the Health Care and Education Reconciliation Act of 2010, 
Public Law 111-152, was enacted on March 30, 2010. These statutes are 
collectively known as the ``Affordable Care Act'' (ACA). The ACA 
extended MHPAEA to apply to the individual health insurance market. 
Additionally, the Department of Health and Human Services (HHS) final 
regulation regarding essential health benefits (EHB) requires health 
insurance issuers offering non-grandfathered health insurance coverage 
in the individual and small group markets, through an Exchange or 
outside of an Exchange, to comply with the requirements of the MHPAEA 
regulations to satisfy the

[[Page 43407]]

requirement to cover EHB (45 CFR 147.150 and 156.115).

Medical Necessity Disclosure Under MHPAEA

    MHPAEA specifically amends the Public Health Service (PHS) Act to 
require plan administrators or health insurance issuers to provide, 
upon request, the criteria for medical necessity determinations made 
with respect to MH/SUD benefits to current or potential participants, 
beneficiaries, or contracting providers. The Final Rules under MHPAEA 
set forth rules for providing criteria for medical necessity 
determinations. CMS administers MHPAEA with respect to self-insured, 
non-Federal governmental plans in all States, and health insurance 
issuers in two States.

Claims Denial Disclosure Under MHPAEA

    MHPAEA specifically amends the PHS Act to require plan 
administrators or health insurance issuers to provide, upon request, 
the reason for any denial or reimbursement of payment for MH/SUD 
services to the participant or beneficiary involved in the case. The 
Final Rules under MHPAEA at 45 CFR 146.136(d)(2) implement MHPAEA. CMS 
administers MHPAEA with respect to self-insured, non-Federal 
governmental plans in all States and health insurance issuers in two 
States, and the regulation provides a safe harbor such that non-Federal 
governmental plans (and issuers offering coverage in connection with 
such plans) are deemed to comply with requirements of paragraph (d)(2) 
of 45 CFR 146.136 if they provide the reason for claims denial in a 
form and manner consistent with ERISA requirements found in 29 CFR 
2560.503-1. Section 146.136(d)(3) clarifies that PHS Act section 2719 
governing internal claims and appeals and external review as 
implemented by 45 CFR 147.136, covers MHPAEA claims denials and 
requires that, when a non-quantitative treatment limitation (NQTL) is 
the basis for a claims denial, that a non-grandfathered plan or issuer 
must provide the processes, strategies, evidentiary standard, and other 
factors used in developing and applying the NQTL with respect to med/
surg benefits and MH/SUD benefits.

Disclosure Request Form

    Group health plan participants, beneficiaries, covered individuals 
in the individual market, or persons acting on their behalf, may use 
this optional model form to request information from plans regarding 
the medical necessity and claims denials disclosures referenced above. 
Form Number: CMS-10307 (OMB control number: 0938-1080); Frequency: On 
Occasion; Affected Public: State, Local, or Tribal Governments, Private 
Sector, Individuals; Number of Respondents: 282,657; Total Annual 
Responses: 1,125,558; Total Annual Hours: 93,797. (For policy questions 
regarding this collection contact Erik Gomez at 667-414-0682.)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-10900 Filed 5-16-24; 8:45 am]
BILLING CODE 4120-01-P
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