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- Supporting Statement A (CMS-4201-P version 4).docx	Supporting Statement A	Uploaded 2023-01-11	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
8462	Medicare Advantage Program and Supporting Regulations (MAOs)		Unchanged
257871	Proposed Changes (CMS-4201-P, RIN 0938-AU96)	Other-CMS Model Document: MA Provider Termination Notice	New
236235	Medicare Advantage Program and Supporting Regulations (States)		Unchanged
185236	Medicare Advantage Program and Supporting Regulations (Beneficiaries)		Unchanged

ICR Details

OMB Control No: 0938-0753	ICR Reference No: 202301-0938-006
Status: Historical Inactive	Previous ICR Reference No: 202006-0938-010
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: Comment filed on proposed rule and continue	Conclusion Date: 04/26/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/12/2023
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments. Also 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	05/31/2023
Responses	12,138,998	0	12,138,998
Time Burden (Hours)	2,677,853	0	2,677,853
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-AU96	Proposed rulemaking	87 FR 79452	12/27/2022

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 79452	12/27/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

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)
Proposed Changes (CMS-4201-P, RIN 0938-AU96)

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Our December 27, 2022 (87 FR 79452) proposed rule (CMS-4201-P; RIN 0938-AU96) would add: 56,645 responses, 23,190 hours, and $1,860,308. See section 15 of the Supporting Statement for details.

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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: 01/12/2023

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