Data Request and Attestation for PDP Sponsors (CMS-10691)

Forms and Documents

Document Name	Status
Form CMS-10691 Data Request and Attestation for PDP Sponsors Form and Instruction	Modified
Change crosswalk 6-16.pdf Supplementary Document	2022-09-28
CMS-10691 - Supporting Statement A.docx Supporting Statement A	2022-09-30

IC Document Collections

IC ID	Document Title	Status
236066	Data Request and Attestation for PDP Sponsors Form and Instruction	Modified

ICR Details

OMB Control No: 0938-1371	ICR Reference No: 202209-0938-006
Status: Received in OIRA	Previous ICR Reference No: 201905-0938-006
Agency/Subagency: HHS/CMS	Agency Tracking No: OEDA
Title: Data Request and Attestation for PDP Sponsors (CMS-10691)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/30/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2022
Responses	200	73
Time Burden (Hours)	37	1
Cost Burden (Dollars)	0	0

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Abstract: 42 CFR 423.513(g)(1)(i) states that beginning in plan year 2020, a PDP sponsor may submit a request to CMS for the data described in paragraph (g)(2) about enrollees in its prescription drug plans. In addition, paragraph (g)(5) provides that as a condition of receiving the requested data, the PDP sponsor must attest that it will adhere to the permitted uses and limitations on the use of the Medicare claims data listed in paragraphs (g)(3) and (4).

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Authorizing Statute(s): PL: Pub.L. 115 - 123 50354 Name of Law: Bipartisan Budget Act of 2018
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 38760	06/29/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 59098	09/29/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Data Request and Attestation for PDP Sponsors	CMS-10691	Medicare A & B Claims Data to Part D Plan Sponsors API (AB2D) API Screens

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	200	73	0	127	0	0
Annual Time Burden (Hours)	37	1	0	36	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: Burden has increased for various reasons. The original collection did not account to updates to the data request and attestations. These updates are needed when a contact may leave the PDP sponsor and a new contact must take over the data request and attestation. These updates increased the time to complete a new data request and attestation. CMS has also introduced two new forms that need to be completed for onboarding activities so the PDP sponsor may gain access to the AB2D API. This increased burden accounts for new requests for onboarding activities and the burden has been increased accordingly.

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Annual Cost to Federal Government: $75,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 09/30/2022

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