Complaints Submission Process under the No Surprises Act (CMS-10779)

ICR 202108-0938-011

OMB: 0938-1406

Federal Form Document

Forms and Documents
IC Document Collections
ICR Details
202108-0938-011
Received in OIRA
HHS/CMS CCIIO
Complaints Submission Process under the No Surprises Act (CMS-10779)
New collection (Request for a new OMB Control Number)   Yes
Emergency 12/01/2021
11/24/2021
  Requested Previously Approved
6 Months From Approved
1,800 0
900 0
48,726 0

Enacted on December 27, 2020, the No Surprises Act, which was enacted as part of the Consolidated Appropriations Act (CAA), amended the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHS Act), and the Internal Revenue Code of 1986 (Code). The No Surprise Act implements provisions that protect individuals from surprise medical bills for emergency services, air ambulance services furnished by nonparticipating providers, and non-emergency services furnished by nonparticipating providers at participating facilities in certain circumstances. Additionally, the No Surprises Act sets forth a complaints processes with respect to potential violations of balance billing requirements set forth in the No Surprises Act. The No Surprises Act provides federal protections against surprise billing and limits out-of-network cost sharing under many of the circumstances in which surprise medical bills arise most frequently. The 2021 interim final regulations “Requirements Related to Surprise Billing; Part I” (86 FR 36872, 2021 interim final regulations) issued by the Departments of Health and Humans Services (HHS), Department of Labor (DOL), the Department of Treasury (collectively, the Departments), implement provisions of the No Surprises Act that apply to group health plans, health insurance issuers offering group or individual health insurance coverage that provide protections against balance billing and out-of-network cost sharing with respect to emergency services, non-emergency services furnished by nonparticipating providers at certain participating health care facilities, and air ambulance services furnished by nonparticipating providers of air ambulance services. The No Surprises Act and the 2021 interim final regulations directs the Departments of Labor, Health and Human Services, and the Department of Treasury (collectively, “the Departments”) to establish a process to receive complaints regarding violations of the application of qualifying payment amount (QPA) requirements by group health plans and health insurance issuers offering group or individual health coverage. The No Surprises Act also directs HHS to establish a process to receive consumer complaints regarding violations by health care providers, facilities, and providers of air ambulance services regarding balance billing requirements and to respond to such complaints within 60 days.
The Centers for Medicare & Medicaid Services (CMS) is requesting that an information collection request for some provisions in the Consolidated Appropriations Act of 2021 (Appropriations Act) enacted on December 27, 2020, related to the No Surprises Act be processed in accordance with the implementing regulations of the Paperwork Reduction Act of 1995 (PRA) at 5 CFR 1320.13(a)(2)(i). We believe that public harm will result if the standard, non-emergency clearance procedures are followed. CMS is also requesting waiver of the notice requirement set forth in 5 CFR 1320.13(d). Specifically, we are requesting emergency approval for the following information collection requirement (ICR): complaints process for surprise medical bills (45 CFR 149.150 and 149.450; 29 CFR 2510 & 2590). The cost-sharing and balance billing requirements on plans, issuers, health care providers, facilities, and providers of air ambulance services in the No Surprises Act apply for plan years (in the individual market, policy years) beginning on or after January 1, 2022. This ICR contains a critical protection for individuals to submit a complaint in respect to potential violations of balance billing requirements set forth in the No Surprises Act. It is in the public interest that individuals receive this protection under the No Surprises Act on the date on which those protections go into effect. Following the standard PRA process will not provide the Department of Health and Human Services (HHS), the Department of Labor (DOL), the Department of Treasury (collectively, “the Departments”), sufficient time to implement this new requirement.

PL: Pub.L. 120 - 260 No Surprises Act - 102, 104 Name of Law: Consolidated Appropriations Act, 2021
  
PL: Pub.L. 120 - 260 102, 104 - No Surprises Act Name of Law: Consolidated Appropriations Act, 2021

0938-AU63 Final or interim final rulemaking 86 FR 36872 07/13/2021

No

1
IC Title Form No. Form Name
Complaints Related to Surprise Billing CMS-10779, CMS-10779 Consumer Complaint Form - No Surprises Help Desk ,   Provider Complaint Form - No Surprises Help Desk

  Total Request 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 1,800 0 1,800 0 0 0
Annual Time Burden (Hours) 900 0 900 0 0 0
Annual Cost Burden (Dollars) 48,726 0 48,726 0 0 0
No
No
This is a new collection of information.

$48,000,000
No
    No
    No
Yes
No
No
No
Jamaa Hill 301 492-4190

  Yes
  The information collection is necessary to establish a process to receive complaints regarding violations of the application of qualifying payment amount requirements by group health plans and health insurance issuers offering group or individual health coverage as required by the No Surprises Act (enacted on December 27, 2020). The No Surprises Act also directs HHS to establish a process to receive consumer complaints regarding violations by health care providers, facilities, and providers of air ambulance services regarding balance billing requirements and to respond to such complaints within 60 days. The data collection will assist CMS in requesting information from non-federal governmental plans and issuers, health care providers, facilities, providers of air ambulance services, and individuals to review and process a complaint for potential violations of balance billing requirements.
Agency/Sub Agency RCF ID RCF Title RCF Status IC Title

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.
11/24/2021


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