CMS-R-0282 - Supporting Statement part A [rev 5-14-2013]

Supporting Statement for

_{Medicare Advantage Appeals and Grievance}

Data Disclosure Requirements (42 CFR § 422.111) CMS-R-0282 (OCN 0938-0778)

_Background

Part 422 of Title 42 of the Code of Federal Regulations (CFR) distinguishes between certain information a Medicare Advantage (MA) organization must provide to each enrollee, on an annual basis, and information that the MA organization must disclose to any MA eligible individual upon request. This requirement can be found in

§ 1852 (c)(2)(C) of the Social Security Act and 42 CFR § 422.111(c)(3). The requirement states MA organizations must disclose information pertaining to the number of disputes, and their disposition in the aggregate, with the categories of grievances and appeals to any individual eligible to elect an MA organization who requests this information. Medicare demonstrations also are required to conform to MA appeals regulations and thus are included in the count of organizations affected by this requirement.

Data collection categories are based on the MA organization’s grievance and appeals processes as prescribed under 42 CFR, Subpart M of Part 422. An organization determination, defined in § 422.566, is an MA organization’s decision on whether to pay for or provide a service. When an MA organization denies coverage, an enrollee may dispute the denial through the appeals process. When an MA organization reconsiders its adverse organization determination, the reconsideration marks the beginning of the appeals process. If upon reconsideration an MA organization continues to deny an enrollee health coverage, then the plan must automatically forward the enrollee's case file to an independent review entity for it to render a final decision. For this effort, CMS requires MA organizations to report aggregate appeals data at both the plan's and the independent review entity's reconsideration levels.

MA organizations also are required by the statute and the MA regulation to provide aggregate grievance data to MA eligible beneficiaries upon request. The regulations at 42 CFR § 422.564 require that MA organizations and demonstrations provide meaningful procedures for timely hearing and resolving enrollees’ grievances. Section 422.561 of 42 CFR defines a grievance as any complaint or dispute other

than one involving an organization determination as defined in § 422.566(b). For this effort, CMS is only requiring that MA organizations and demonstrations report grievances that involve quality of care complaints. Since most states already

regulate quality of care issues, CMS continues to expect that reporting in this area will not pose a problem for MA organizations and demonstrations.

The Balanced Budget Act (BBA) of 1997 and the Government Performance and Results Act (GPRA) of 1993 established a need for CMS to set and monitor performance standards in the area of appeals. Furthermore, as part of CMS's effort to provide information to beneficiaries concerning their health plan choices, MA organizations and demonstrations must report appeals and grievance data requested by any individual eligible to elect an MA organization so that the individual can use

the data to evaluate aspects of plan performance.

The BBA required MA organizations to provide appeals and grievance data to beneficiaries beginning January 1, 1999. CMS continues to require MA organizations and demonstrations to report on appeals and grievance dispositions upon request by an individual eligible to elect an MA organization.

_{A. Justification}

1. Need and Legal Basis

§ 1852 (c)(2)(C) of the Social Security Act and 42 CFR § 422.111(c)(3) require MA organizations and demonstrations to disclose information pertaining to the number of disputes, and their disposition in the aggregate, with the categories of grievances and appeals to any individual eligible to elect an MA organization who requests this information.

MA organizations and demonstrations remain under a requirement to collect and provide this information to individuals eligible to elect an MA organization, we continue to need the same format and form for reporting.

_{2. Information Users}

The organization’s appeals and grievance information will be provided by the organization to, individuals eligible to elect an MA organization or persons or entities making the request on behalf of the individuals who request this information. MA eligible individuals will use this information to help them make informed decisions about their organization’s performance in the area of appeals and grievances. Language in the original instrument indicating CMS will monitor MA organizations as part of the biennial review process has been removed to comport with revised CMS monitoring protocols. Thus, CMS is no longer listed as a user of appeals and grievance information.

3. Use of Information Technology

There is currently no automated, electronic, mechanical, or other technological collection techniques or other forms of information technology required for electronic submission of responses. However, there are no barriers or obstacles that prohibit organizations from using improved technology for this information collection activity.

Our presumption is that these data are already being collected internally either manually, or by some type of automated system by a majority of plans (est. 80%).

GPEA questions concerning electronic completion are not applicable to this collection activity. For this effort, appeal and grievance data generally is being collected for enrollee informational purposes. While this collection currently is available for completion electronically by plans, we believe it is most cost beneficial to permit

plans to collect this information in the format each plan finds most efficient, based on each plan’s systems configurations. Since this collection does not require a signature from the respondent, CMS acceptance of electronic signatures is not applicable.

4. Duplication of Efforts

This effort involves the collection and reporting of grievance and appeals data upon request by an MA eligible individual. The purpose, content and format of this collection is unique from other collection efforts and guarantees beneficiaries’ access to grievance and appeals data.

_{5. Small Businesses}

We do not anticipate that small MA organizations and demonstrations will be significantly affected by these information collection requirements since the amount of data collected will be proportionate to the number of members enrolled in the

organization. That is, the number of appeals and/or grievances to be reported should be proportionate to the member population.

6. Less Frequent Collection

MA organizations and demonstrations are required to collect data in six-month intervals. In its initial consultations with health plans, CMS determined six-month intervals would allow for the collection of meaningful data without overburdening organizations.

7. Special Circumstances

_None.

_{8. Federal Register/Outside Consultation}

CMS published a 60-day Federal Register notice on February 22, 2013 (78 FR 12322). No comments were received. There have been no additional outside consultations for this form.

9. Payments/Gifts To Respondents

MA organizations and demonstrations are under contract with CMS. There are no payments or gifts associated with the collection of these data.

_{10. Confidentiality}

The data MA organizations and demonstrations are collecting are aggregate. There

is no beneficiary specific information reported in the data collection. Therefore, there is no requirement needed to maintain the confidentiality of the information collected.

11. Sensitive Questions

_{We are not collecting any information of a sensitive nature.}

_{12. Burden Estimate (Hours & Wages)}

Total annual hourly burden: 5,413.60 hours for all 670 organizations, or

8.08 hours per organization.

Total annual wage burden: $88,011.20 for all 670 organizations, or

$131.36 per organization.

Collecting Appeals and Grievance Data:

A. To arrive at the total hourly burden for collecting appeals and grievance data:

We determined that the time it would take for each organization to collect the appeals data CMS requires would be 60 minutes per collection period. CMS also requires that the information be collected every six months, so the total hours needed per organization per year would be two hours. We arrived at this number through the presumption that the data requested by CMS are already being collected internally by each of the MA organizations and would therefore only have to be downloaded or compiled into a single report. We determined that, as of

_{April 2012, CMS contracted with 670 MA organizations and demonstrations We}

1 Source: CMS Statistics, CMS, Center for Drug and Health Plan Choice:

http://www.cms.hhs.gov/ResearchGenInfo/02_CMSStatistics.asp

then multiplied the total hours per organization per year (2 hours) by the total number of MA organizations (670) to determine that the total hourly burden would be 1,340 hours per year.

B. The total annual wage burden for collecting appeals and grievance data:

We determined the average hourly rate for the individual responsible for collecting the appeals information. The professional and analytical skills required to perform this function are similar to those required for a GS 07 Step 01 position. The 2012 hourly rate for this position is $16.28. We then multiplied this hourly rate ($16.28) by the 1,340 hours for data collection to arrive at the annual wage burden of

$21,815.20 per year.

1,340 hours @ $16.28 = $21,815.20 total wage hours, or $32.56 per organization.

Reporting Appeals and Grievance Data:

A. To arrive at the total hourly burden for reporting appeals and grievance data:

There are 50.7 million Medicare beneficiaries according to 2012 CMS statistics. We estimated that 0.1%, or about 50,700, beneficiaries would request an appeal and/or grievance disclosure report from an MA organization. We then estimated it would take approximately 5 minutes (.08 hours) for a staff person to send the appeals report to these beneficiaries. Thus, 50,700 reports distributed over 670

MA organizations is approximately 75.67 reports per plan. By rounding 75.67 reports per plan to 76 reports per plan, the annual number of responses (i.e., reports) comes to 50,920 (76 x 670) per year. By multiplying the total number of responses per year (50,920) by hours per response (.08) we calculate a total annual burden of 4,073.60 hours that plans will spend reporting appeals and grievance data to beneficiaries.

_{B. To arrive at the total wage burden for reporting appeals and grievance data:}

We determined the average hourly rate for the individual responsible for collecting and formatting the appeals information. The professional and analytical skills required to perform this function are similar to those required for a GS 07 Step 01 position. The 2012 hourly rate for this position is $16.28. We then multiplied this hourly rate ($16.28) by the .08 hours per response estimated for reporting appeals and grievance data to arrive at $1.30 cost per response. Last, we multiplied $1.30 by the annual number of responses

(50,920) to determine the total annual wage burden of $66,196.00 per year, or

$98.80 per organization.

13. Capital Costs

There are no capitals costs associated with these information collection requirements.

_{14. Cost to the Federal Government}

We do not expect a cost to the government.

15. Changes to Burden

The change in burden is due to:

 An increase in the number of MA organizations reporting this data (from 629 to

670 MA organizations + demonstrations); and

 Consequent revisions to our estimates to reflect the increases and costs associated with producing appeals and grievance data reports for all 670 MA organizations.

_{16. Publication and Tabulation Dates}

CMS does not plan to publish these data.

17. Expiration Date

_{CMS anticipates displaying the expiration date on this form.}

_{18. Certification Statement}

There are no exceptions to the certification statement.

B. Collection of Information Employing Statistical Methods

N/A