60 Day Public Comment Response

CMS Response to Public Comments Received for CMS-10137
The Centers for Medicare and Medicaid Services (CMS) received two comments from a
Part D sponsor related to CMS-10137. These are the responses to the comments.
Comment:
A Part D sponsor commented on the attestation on page 26 of the Part D application that
reads in part Applicant does not have any covered persons who also served as covered
persons for an entity that nonrenewed a contract pursuant to 42 CFR §423.507(a), or that
terminated its contract with CMS by mutual consent, pursuant to 42 CFR §423.508, or
unilaterally, pursuant to 42 CFR §423.510, since January 1, 2018.” The commenter
believed that the date was in error, as the nonrenewal and termination clauses cited
provide that organizations with such covered persons cannot contract with CMS for two
years following nonrenewal or mutual termination. They acknowledge that there is a 38
month restriction for organizations whose contracts were terminated by CMS (pursuant to
42 CFR §423.503(b)(3)), but believe that the attestation does not cite to the CMSinitiated termination and nonrenewal provisions of the regulation.
Response:
CMS appreciates the comment. However, we note that the commenter misquoted
the current attestation. The attestation is currently “Applicant does not have any
covered persons who also served as covered persons for an entity that nonrenewed a
contract pursuant to 42 CFR §423.507(a) or (b), or whose contract CMS terminated
pursuant to 42 CFR § 423.509, or that terminated its contract with CMS by mutual
consent, pursuant to 42 CFR §423.508, or unilaterally, pursuant to 42 CFR
§423.510, since January 1, 2018.” It refers to CMS initiated terminations and
nonrenewals both explicitly and by reference to the relevant provisions of the
regulation (42 CFR §§ 423.507(b) and 423.509). CMS does not automatically deny
applicants who attest “yes” to this attestation – rather, it reviews the applicant’s
history to determine whether the two year or 38-month ban applies. The purpose of
the attestation is to allow CMS reviewers to examine the organization’s history to
determine if the regulation restricting reentry to the program. CMS will therefore
not modify the attestation or divide it into two separate attestations.
Comment:
One commenter suggested including seniors in the solicitation because “[i]ncluding
seniors in the solicitation will allow CMS to gain a better picture of Part D coverage.”
Response:
CMS thanks the commenter for their suggestion, but we believe the commenter
misunderstands the purpose of this solicitation. This solicitation is not intended to

gather information about the Part D program. Rather, it gathers information from
current and potential Part D sponsors as part of the application process to
determine if they are eligible to offer Part D coverage in 2022. While information
from seniors and Part D beneficiaries can be valuable to assessing the performance
of Part D plans and setting Part D policy, the Part D application process is not an
appropriate venue for soliciting information from them.

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