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pdfResponse to Public Comments CMS‐2020‐0008‐0001‐6
Comment Number
1
2
3
4
Common Theme
Timing of Collection
Collect from PBMs
Authorization
Summary of Comment
Response
It is unrealistic that collection can begin by July 1, 2021. The collection should be delayed a year In response to public comments and the COVID‐19 public health emergency, we are delaying collection until at least January 1, 2022.
for parties affected by the proposed collection to make the necessary adjustments to IT
systems and amendments to contracts with issuers, as well as focusing on COVID‐19.
Commenters asserted the statute does not authorize collection directly from Pharmacy Benefit For clarity, we intend to make regulatory revisions to require PBMs that contract with QHP issuers to manage prescription drug
Managers (PBMs) or that it conflicts with 45 CFR 156.295, which requires Qualified Health Plan coverage to report the data prescribed by § 1150A(a)(2). With such a revision, a QHP issuer would be required to report the data
(QHP) issuers to submit the data.
prescribed by § 1150A(a)(2) only when the QHP issuer does not contract with a PBM to manage prescription drug coverage.
Regardless, the statute permits collection directly from PBMs.
We are removing the data element "Bona Fide Service Fees" from the collection template in the 30‐day Paperwork Reduction Act
(PRA) package.
The statute does not authorize collection at the National Drug Code (NDC) level, as it requires While the statute does require reporting at the "aggregate amount," it does not further define this term. The collection's
interpretation of "aggregate amount" to mean the "aggregate amount" of NDC is consistent with the Medicare Direct and Indirect
collection of data at "aggregate amount[s]."
Remuneration (DIR) reporting requirement. We seek to align this collection with the Medicare collection to the greatest extent
NDC Level Authorization
possible. It is also a reasonable interpretation, as collecting drugs at a less detailed level would not the provide useful information
Congress intended for collection.
Bona Fide Service Fees
5
Reliance on DIR Authority
6
Patient Confidentiality
7
Confidentiality
8
State Reporting
Requirements
9
Burden
10
Burden Estimate
Accuracy
11
EDGE Server
12
MLR Clarification
13
Consistency with DIR
14
Deregulatory Efforts
15
Negotiated Price
Benchmark
16
Definition Clarifications
17
Other Drug Types
18
Updates
19
Attestation
The statute does not authorize the collection of data for bona fide service fees.
The collection conflates authorization that applies only to the DIR reporting requirement which We recognize that the DIR reporting requirement may utilize additional authorities besides section 1150A. A collection from QHP
requires Part D sponsors to provide to HHS the information it determines to be necessary for issuers and their PBMs at the NDC level is properly authorized by section 1150A alone.
carrying out the payment provisions of Part D, including calculating reinsurance and risk
corridor payments to Part D plans.
Collecting data at the NDC level may affect patient confidentiality, particularly in areas where We disagree with concerns regarding patient confidentiality where there is scarce data available, given the nature of the data to be
collected.
few claims are filed.
Collecting data at the NDC level may reveal sensitive or confidential information, such as
The data may only be disclosed in the manner and circumstances described in section 1150A(c). We expect that the data will be
discounts for specific drugs.
considered commercial or financial information that is confidential or privileged and is exempt from Freedom of Information Act
(FOIA) requests.
A federal collection of this data may conflict or add unnecessary burden to comply with a state We are unaware of conflicts with existing state collections. No states submitted comments to raise concerns about conflicts or
burden.
reporting requirement.
The collection require the submission of millions of field of data, which is an unreasonable
We believe the collection is reasonable and necessary in order to collect usable and informative data. The data sought and burden
burden.
created by the collection is similar to the collection already implemented by the DIR reporting requirement.
The burden estimate does not accurately capture the burden on stakeholders, particularly with We agree that the burden estimate should reflect burden on QHP issuers. We will revise the burden estimate in the 30‐day PRA
regard to the IT system builds or the burden on issuers, who would need to identify the QHPs package to reflect the burden on QHP issuers to identify the QHPs for PBMs and to make modifications to existing IT systems.
for the PBMs.
We disagree with commenters, as this collection is separate and unrelated to current EDGE server collections. We expect that PBMs
HHS must also consider the costs for changes it must make to the EDGE server, which is not
authorized for collection of much of the data described in 1150A. Any change to the EDGE
will need to perform new data extracts to format data already in the possession of PBMs to match the format required for this
server authorizations would require regulatory changes and other significant input from the collection. We have revised the burden statement to factor in this task.
public.
Whether the definition for the MLR policy in the Payment Notice is overly broad is out of scope for this collection.
HHS should clarify the difference between the medical loss ratio (MLR) policy in the 2021
Payment Notice and this collection, or align them, particularly with regard to the definition of
"other price concession."
As stated in the 60 day PRA package, we sought to mirror the DIR reporting requirement to the greatest extent possible (as
The collection should mirror the DIR reporting requirement to the greatest extent possible.
permitted by 1150A) to minimize burden and ensure consistency across HHS collection efforts.
We recognize the importance of ensuring minimal regulatory burden; however, this collection is required by statute and will provide
The collection is counter to the HHS' goal of reducing regulatory burden.
data that may further the goal of reducing prescription drug costs.
We request clarification from the commenter on the requirement for regulating a definition of "negotiated price."
For purposes of reporting price concessions, HHS will need to choose a pricing benchmark
against which issuers or PBMs would calculate the amounts paid by manufacturers or
pharmacies (or paid to pharmacies). HHS cannot require the reporting of a specific pricing
amount without defining it through rulemaking.
As we are not collecting data by pharmacy type, we decline to clarify whether an independent pharmacy associated with a PSAO
Commenters requested clarification whether an independent pharmacy associated with a
pharmacy services administrative organization (PSAO) should be classified as a chain pharmacy should be classified as a chain pharmacy or an independent pharmacy.
or an independent pharmacy.
CMS should consider the reporting of biosimilars and interchangeable biologics.
Biosimilars and interchangeable biologics are included in the reporting requirement, as they use NDCs like any other prescription
medication.
CMS should update the collection yearly, similar to how the Transparency in Coverage and DIR The approval for a PRA package is generally for three years, though we anticipate reviewing the collection annually to see if changes
collections are updated.
are warranted.
Clarify whether an attestation is required for each QHP issuer or each QHP product.
Under the collection, we will require one attestation for each PBM by QHP issuer. If a PBM administers benefits for more than one
QHP issuer, then the PBM will fill out an attestation for each issuer.
File Type | application/pdf |
File Title | Attachment 2 PBM Transparency PRA External Response to Public Comments_8-10-2020.xlsx |
Author | B967 |
File Modified | 2020-08-19 |
File Created | 2020-08-19 |