[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50027-50028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17855]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier CMS-10751]
Emergency Clearance: Public Information Collection Requirements
Submitted to the Office of Management and Budget (OMB)
AGENCY: Centers for Medicare & Medicaid Services, HHS
ACTION: Notice.
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SUMMARY: The Centers for Medicare and Medicaid Services (CMS) is
requesting that a new information collection request (ICR) associated
with the Temporary Policy on 2020 Premium Credits Associated with the
COVID-19 Public Health Emergency be processed under the emergency
clearance process. Due to agencies inability to update CMS systems for
IRS reporting purposes in time for tax season if the normal non-
emergency clearance procedures are followed, an emergency clearance is
requested. Once the emergency information collection request is
approved, CMS plans to seek public comments during the required 60-day
and 30-day notice and comment periods associated with obtaining a
standard (non-emergency) OMB approval. The use of normal clearance
procedures will not allow CMS to update its enrollment data timely and
is therefore is reasonably likely to prevent accurate and timely
distribution of 1095-A tax forms to affected consumers. Health
Insurance Exchanges furnish Form 1095-A to individuals to allow them to
reconcile the credit on their returns with advance payments of the
premium
[[Page 50028]]
tax credit (APTC) and file an accurate tax return.
DATES: Comments must be received by August 24, 2020.
ADDRESSES: When commenting, please reference the document identifier or
OMB control number. To be assured consideration, comments and
recommendations must be submitted within 10 days 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.
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.
FOR FURTHER INFORMATION CONTACT: William Parham at (410) 786-4669.
SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies are required
to publish notice in the Federal Register concerning each proposed ICR.
Interested persons are invited to send comments regarding our burden
estimates or any other aspect of this ICR including the necessity and
utility of the proposed ICR 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.
Contents
This notice sets out a summary of the use and burden associated
with the following ICR. More detailed information can be found in the
collection's supporting statement and associated materials (see
ADDRESSES).
CMS-10751 Collection of Premium Credit Data Related to COVID-19
Emergency
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. To comply with this requirement, CMS is publishing this
notice that summarizes the following proposed collection(s) of
information for public comment.
Information Collection
1. Type of Information Collection Request: New collection (Request
for a new OMB control number); Title of Information Collection:
Collection of Premium Credit Data Related to COVID-19 Emergency; Use:
The reporting requirements and data collection in the implementing
regulations for the Exchanges and QHP issuers, 45 CFR parts 155 and
156, address the minimum requirements that Qualified Health Plan (QHP)
issuers must meet in order to comply with provisions in the Affordable
Care Act with respect to participation in the Federally-facilitated
Exchange (FFE) or a State-based Exchange (SBE). CMS currently has
authority under CMS-10592/OMB Control Number: 0938-1341 to collect
enrollment reconciliation data from QHP issuers. However, in light of
the urgent need to help individuals and small employers experiencing
economic hardship to maintain continuous coverage through the COVID-19
public health emergency, CMS is adopting a policy of relaxed
enforcement with respect to 45 CFR 156.80(d), 45 CFR 156.210(a), and
155.400(e) and (g) to allow QHP issuers, on a temporary basis, to offer
premium credits for 2020 coverage. Internal Revenue Service (IRS)
regulations require that Exchanges accurately report enrollee premiums
to the IRS and to enrollees on the annual 1095-A tax form.
To comply with existing reporting requirements, QHP issuers in
states with a FFE or State-based Exchange on the Federal Platform (SBE-
FP) that offer these premium credits must notify CMS of the parameters
of these credits using the attached template. QHP issuers offering
premium credits in a state with an SBE that relies on its own
eligibility and enrollment system will follow any requirements
established by the SBE for reporting planned temporary premium credits.
QHP issuers must submit the attached template to notify CMS of all
planned temporary premium credits for FFE or SBE-FP plans no later than
October 1, 2020, regardless of the month(s) to which the credit will be
applied. To ensure proper allocation of Advance Payments of the Premium
Tax Credit (APTC) to the portion of premium that covers essential
health benefits, CMS will adjust premium and APTC amounts in its
enrollment data. CMS will also report to the IRS the premium and APTC
changes in the issuer-submitted template for purposes of reconciliation
to premium tax credits. In accordance with the implementing regulations
of the PRA at 5 CFR 1320.13, CMS is requesting emergency processing for
this ICR because it cannot reasonably comply with normal clearance
procedures. Upon OMB approval of this emergency clearance request, CMS
will follow the normal clearance procedures.
Form Number: CMS-10751 (OMB control number: 0938-NEW); Frequency:
One-time collection; Affected Public: Business or other for-profits and
Not-for-profit institutions; Number of Respondents: 175; Total Annual
Responses: 1; Total Annual Hours: 175. (For policy questions regarding
this collection contact Anne Pesto at 410-786-3492.)
Dated: August 11, 2020.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2020-17855 Filed 8-14-20; 8:45 am]
BILLING CODE 4120-01-P