The Medicare Advantage and Prescription Drug Program: Customized Enrollee Data

Forms and Documents

Document Name	Status
CMS-10349 CED Supporting Statement - Part A.doc Supporting Statement A	2010-11-17

IC Document Collections

IC ID	Document Title	Status
195583	The Medicare Advantage and Prescription Drug Program: Customized Enrollee Data - Initial	New
195582	The Medicare Advantage and Prescription Drug Program: Customized Enrollee Data - (Annual)(CMS-10349)	New

ICR Details

OMB Control No: 0938-1333	ICR Reference No: 201012-0938-006
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: HHS/CMS	Agency Tracking No:
Title: The Medicare Advantage and Prescription Drug Program: Customized Enrollee Data
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 02/03/2011
	Date Received in OIRA: 12/06/2010
Terms of Clearance: CMS should re-submit this collection again with the final rule and include any comments on the information collection requirements that were received on the proposed rule, as well as any changes to the proposed requirements that have been adopted in the final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The MA program was enacted in Title II of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) on December 8, 2003. The MA program attempts to broadly reform and expand availability of private health plan options to Medicare beneficiaries. Section 103 of the Medicare Improvements for Patients and providers Act of 2008 (MIPPA), Pub. L. 110-275, enacted on July 15, 2008, established new statutory prohibitions and limitations for Medicare advantage plans and Medicare prescription drug plans. On September 18, 2009, we published the Final Rule-4131F in the Federal Register (E8-21674). Among provisions of that final rule included requirements for plan disclosure of information to enrollees as specified in ?422.111(b) and ?423.128(b). This proposed rule would add new paragraphs (12) and (11) to ?422.111(b) and ?423.128(b), to require MA organizations and Part D sponsors to periodically provide each enrollee with enrollee specific data to use to compare utilization and out-of-pocket costs in the current plan year to projected utilization and out of pocket costs for the following plan year. Plans would disclose this information to plan enrollees in each year in which a minimum enrollment period has been met, in conjunction with the annual renewal materials (currently the ANOC and EOC) described in ?422.111(b) and 423.128(b).

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Authorizing Statute(s): PL: Pub.L. 110 - 275 103 Name of Law: The Medicare Improvements for Patients and Providers Act of 2008.
   PL: Pub.L. 108 - 117 201 Name of Law: The Medicare Prescription Drug Improvement, and modernization Act of 2003
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AQ00	Proposed rulemaking	75 FR 71190	11/22/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
The Medicare Advantage and Prescription Drug Program: Customized Enrollee Data - (Annual)(CMS-10349)
The Medicare Advantage and Prescription Drug Program: Customized Enrollee Data - Initial

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This proposed rule would require MA organizations and Part D sponsors to periodically provide each enrollee with enrollee specific data to use to compare utilization and out-of-pocket costs in the current plan year to projected utilization and out of pocket costs for the following plan year. Plans would disclose this information to plan enrollees in each year in which a minimum enrollment period has been met, in conjunction with the annual renewal materials (currently the ANOC and EOC) described in ?422.111(b) and 423.128(b)

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/06/2010

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