Medicare Advantage Program and Supporting Regulations (CMS-R-267)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CMS-R-267 (2020 CMS-4190-F version 9).docx	Supporting Statement A	Uploaded 2020-12-10	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
8462	Medicare Advantage Program and Supporting Regulations (MAOs)		Modified
236235	Medicare Advantage Program and Supporting Regulations (States)		Modified
185236	Medicare Advantage Program and Supporting Regulations (Beneficiaries)		Modified

ICR Details

OMB Control No: 0938-0753	ICR Reference No: 202006-0938-010
Status: Historical Active	Previous ICR Reference No: 201905-0938-018
Agency/Subagency: HHS/CMS	Agency Tracking No: CM-CPC
Title: Medicare Advantage Program and Supporting Regulations (CMS-R-267)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/21/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/10/2020
Terms of Clearance: In the next submission, CMS will evaluate whether the 9 or fewer exemption under 5 CFR 1320.3(c)(4) was properly applied to each of the provisions listed under section 12B of the current (Oct 2021) supporting statement. If it was not applied properly, CMS will correct the supporting statement within 18 months from the date of this TOC. While a provision may have 9 or fewer respondents annually, the provision may still be subject to the PRA if the respondents represent the majority or all of an industry or sector. Also in the next submission, CMS shall seek comment on an extension for the entire package.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2023	36 Months From Approved	12/31/2021
Responses	12,138,998	0	35,597,180
Time Burden (Hours)	2,677,853	0	9,466,233
Cost Burden (Dollars)	0	0	0

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Abstract: Medicare Advantage (MA) organizations (formerly M+C organizations) and potential MA organizations (applicants) use the information collected based on the regulations at 42 CFR 422 to comply with the application requirements and the MA contract requirements. CMS uses the information collected based on the regulations at 42 CFR 422 to approve contract applications, monitor compliance with contract requirements, make proper payment to MA organizations, determine compliance with the new prescription drug benefit requirements established by the MMA, and to ensure that correct information is disclosed to Medicare beneficiaries, both potential enrollees and enrollees.

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Authorizing Statute(s): Statute at Large: 18 Stat. 1859
   Statute at Large: 18 Stat. 1851
  

Citations for New Statutory Requirements: Statute at Large: 18 Stat. 1851
Statute at Large: 18 Stat. 1859

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AT97	Final or interim final rulemaking	85 FR 33796	06/02/2020

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 9002	02/18/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 33796	06/02/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

table that charts list of burden

IC Title	Form No.	Form Name
Medicare Advantage Program and Supporting Regulations (Beneficiaries)
Medicare Advantage Program and Supporting Regulations (MAOs)
Medicare Advantage Program and Supporting Regulations (States)

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ICR Summary of Burden

table that charts list of burden

	Total Approved	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	12,138,998	35,597,180	0	-23,458,182	0	0
Annual Time Burden (Hours)	2,677,853	9,466,233	0	-6,788,380	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: In this 2020 collection of information request the standard (“long”) model enrollment form to elect an MA plan established at 42 CFR 422.50 and 422.60 has been extracted into its own stand-alone information collection request (CMS-10718; OMB control number: 0938-1378). This iteration also requests approval of our new minimum criteria for dual eligible special needs plans (D-SNPs) to integrate Medicare and Medicaid benefits detailed in Section 50311(b) of the Bipartisan Budget Act of 2018 and set forth in our April 16, 2019 (84 FR 15680) final rule CMS-4185-F (RIN 0938-AT59) for CY2020 and 2021. The integration requirements improve care coordination, quality of care, and beneficiary satisfaction while reducing administrative burden. Lastly, this collection request subsumes revisions that are set out under our June 2, 2020 (85 FR 33796) final rule (CMS-4190-F; RIN 0938-AT97). Overall, the revisions reduce our burden estimates by minus 6,788,380 hours.

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Annual Cost to Federal Government: $12,650,000

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: 12/10/2020

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