Under the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (MMA), and implementing
regulations at 42 CFR, Medicare Advantage organizations (MAO) and
Prescription Drug Plans (PDP) are required to submit an actuarial
pricing bid for each plan offered to Medicare beneficiaries for
approval by the Centers for Medicare and Medicaid Services. MAOs
and PDPs use the Bid Pricing Tool software to develop their
actuarial pricing bid. The information provided in the BPT is the
basis for the plan's enrollee premiums and CMS payments for each
contract year.
Justification for
Emergency PRA Clearance of Bid Pricing Tool After the CY2007 bid
submission and review season drew to a close in September 2006, CMS
received industry feedback and suggestions for improvements that
may improve the usability of the BPT. Since CMS strives to improve
the data collection tools to minimize the filing burden on the
plans and to maximize the output of the tools for CMS use, CMS
hosted an online comment session to solicit feedback from industry.
CMS hosted the session during non-peak months for the bidders to
ensure that industry users had an opportunity to provide comments
and suggest enhancements for the following year. CMS gave careful
consideration to the feedback that was submitted, and incorporated
many of the suggestions. For example, the BPT was changed to allow
more flexibility for users in printing various BPT worksheets.
There were several potential policy changes and MA/PD program
changes that would be effective in CY2008 that needed consideration
by CMS for their impact on the BPT. For example, the Tax Relief and
Health Care Act of 2006 was enacted in December 2006 that
necessitated a change to the BPT regarding the regional PPO
stabilization fund. Given the life cycle of the BPT illustrated
above, CMS does not have sufficient time to complete the normal PRA
clearance process and ensure that organizations have sufficient
time to complete and submit their BPTs by the statutory deadline of
June 4, 2007. The normal PRA clearance process would result in
violating this statutory deadline which would prevent MA and PDP
organizations from providing benefits to millions of Medicare
beneficiaries. This could result in public harm, as the Medicare
Advantage and Prescription Drug Programs depend on the annual
bidding process and timeline described in this document. If the
bidding process/timeline were delayed for normal PRA clearance,
these programs would not be operational for millions of Medicare
beneficiaries. Due to the nature of the annual bidding cycle, the
BPT requires the emergency PRA clearance process.
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:
(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;
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.