[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Notices]
[Page 47215-47216]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-84]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier: CMS-10001 and CMS-10009]
Emergency Clearance: Public Information Collection Requirements
Submitted to the Office of Management and Budget (OMB)
Agency: Center for Medicare & Medicaid Services.
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), 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. This is necessary to ensure compliance with an initiative of
the Administration. We cannot reasonably comply with the normal
clearance procedures because of an unanticipated event.
Department regulations in 45 CFR 146.121(i)(4) require that if
coverage has been denied to any individual because the sponsor of a
self-funded non-Federal governmental plan has elected under 45 CFR part
146 to exempt the plan from the requirements of Sec. 146.121, and the
plan sponsor subsequently chooses to bring the plan into compliance,
the plan must: Notify the individual that the plan will be coming into
compliance; afford the individual an opportunity to enroll that
continues for at least 30 days; specify the effective date of
compliance; and inform the individual regarding any enrollment
restrictions that may apply once the plan is in compliance.
The burden associated with this requirement was approved by The
Office of Management and Budget (OMB) under OMB control number 0938-
0827. However, this OMB control number was inadvertently discontinued
prior to its renewal date. CMS is seeking the re-instatement of this
control number as none of the requirements have changed. In accordance
with the Paperwork Reduction Act of 1995, the reinstatement request
will be addressed in an emergency information collection request. In
addition, CMS-2078-P (66 FR 1421) describes bona fide wellness
programs. Section 146.121(f)(1)(iv) stipulates that the plan or issuer
disclose in all plan materials describing the terms of the program the
availability of a reasonable alternative standard to qualify for the
reward under a wellness program. However, in plan materials that merely
mention that a program is available, without describing its terms, the
disclosure is not required.
The burden associated with this requirement was approved by The
Office of Management and Budget (OMB) under OMB control number 0938-
0819. However, this OMB control number was inadvertently discontinued
prior to its renewal date. CMS is seeking the re-instatement of this
control number as none of the requirements have changed. In accordance
with the Paperwork Reduction Act of 1995, the reinstatement request
will be addressed in an emergency information collection request.
1. Type of Information Collection Request: Reinstatement, without
change, of a previously approved collection for which approval has
expired; Title of Information Collection: Health Insurance Portability
and Accountability Act (HIPAA) Nondiscrimination Provisions (66 FR
1378); Use: Section 2702 of the Public Health Service Act (PHS Act-the
HIPAA nondiscrimination provisions) established rules generally
prohibiting group health plans and group health insurance issuers from
discriminating against individual participants or beneficiaries based
on any health factor of such participants or beneficiaries. Self-
funded, non-Federal governmental plans are required to give individuals
who were previously discriminated against an opportunity to enroll,
including a notice of an opportunity to enroll. Plan participants and
their dependents need this information to understand their rights under
HIPAA.; Form Number: CMS-10001 (OMB: 0938-0827); Frequency:
Annually; Affected Public: State, Local, or Tribal governments,
Individuals or Households, Business or other for-profit, and Not-for-
profit institutions; Number of Respondents: 18; Total Annual Responses:
18; Total Annual Hours: 194.
2. Type of Information Collection Request: Reinstatement, without
change, of a previously approved collection for which approval has
expired; Title of Information Collection: Health Insurance Portability
and Accountability Act (HIPAA) Nondiscrimination Provisions (66 FR
1421); Use: Section 2702 of the Public Health Service Act (PHS Act-the
HIPAA nondiscrimination provisions) establish rules generally
prohibiting group health plans and group health insurance issuers from
discriminating against individual participants or beneficiaries based
on any health factor of such participants or beneficiaries. Plan
participants and their dependents need this information to understand
the rights they have under HIPAA. States and the Federal government
need the information supplied by issuers to properly perform their
regulatory functions.; Form Number: CMS-10009 (OMB 0938-0819);
Frequency: Annually; Affected Public: State, Local, or Tribal
governments, Individuals or Households, Business or other for-profit,
[[Page 47216]]
and Not-for-profit institutions; Number of Respondents: 2600; Total
Annual Responses: 2600; Total Annual Hours: 100.
CMS is requesting OMB review and approval of these collections by
September 16, 2005, with a 180-day approval period. Written comments
and recommendation will be considered from the public if received by
the individuals designated below by September 12, 2005.
To obtain copies of the supporting statement and any related forms
for the proposed paperwork collections referenced above, access CMS'
Web site address at http://www.cms.hhs.gov/regulations/pra 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.
Interested persons are invited to send comments regarding the
burden or any other aspect of these collections of information
requirements. However, as noted above, comments on these information
collection and recordkeeping requirements must be mailed to the
designees referenced below by September 12, 2005:
Centers for Medicare & Medicaid Services, Office of Strategic
Operations and Regulatory Affairs, Room C4-26-05, 7500 Security
Boulevard, Baltimore, MD 21244-1850, Attn: William N. Parham, III, and,
OMB Human Resources and Housing Branch, Attention: Christopher Martin,
New Executive Office Building, Room 10235, Washington, DC 20503.
Dated: August 5, 2005.
Michelle Shortt,
Director, Regulations Development Group, Office of Strategic Operations
and Regulatory Affairs.
[FR Doc. 05-15975 Filed 8-11-05; 8:45 am]
BILLING CODE 4120-01-P