OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.
Inventory as of this Action
Requested
Previously Approved
05/31/2020
36 Months From Approved
05/31/2020
805
0
805
9,660
0
9,660
0
0
0
This final rule implements provisions of the Social Security Act (the Act) establishing and regulating the Medicare Advantage (MA) program. 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 replaces the Medicare+Choice (M+C) program established under Part C of the title XVIII of the Act, while retaining most key features of the M+C program. The MA program attempts to broadly reform and expand the availability of private health plan options to Medicare beneficiaries. Medicare Advantage (MA) organizations and Prescription Drug Plan Sponsors use the information to comply with the eligibility requirements and the MA and Part D contract requirements. CMS will use this information to ensure that correct information is disclosed to Medicare beneficiaries, both potential enrollees and enrollees.
PL:
Pub.L. 108 - 117 201
Name of Law: The Medicare Prescription Drug, Improvement, and Modernization Act of 2003
PL:
Pub.L. 110 - 275 103
Name of Law: The Medicare Improvements for Patients and Providers Act of 2008
We have not previously discussed the burden CMS places on MA organizations and Part D sponsors of uploading marketing materials to CMS for approval. We are capturing this burden in this PRA package for the first time. This burden is considered added labor burden for the purpose of this PRA package. We do not, however, anticipate that there will be any increase in the labor burden due to the changes we are making.
The burden associated with uploading marketing materials is the time and effort associated for a MA organization and Part D sponsor to submit the required information to CMS. We estimate that it takes a plan 30 minutes at $69.08/hr for a business operations specialist to submit the each of the marketing materials. The total average annual burden associated with this requirement is 20,143 hours (40,286 materials x .5 hour per material) at a cost of $1,391,478.44 (20,143 hr x $69.08 per hr).
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.
CMS-10260 - Supporting Statement A [rev 12-01-2017 by OSORA PRA].doc
Marketing Materials