The Medicare Advantage and Prescription Drug Program: Part C Explanation of Benefits and Supporting Regulations (CMS-10453) - IRA

ICR 202312-0938-004

OMB: 0938-1228

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
Modified
Supporting Statement A
2023-12-18
Supplementary Document
2023-12-18
Supplementary Document
2023-12-18
IC Document Collections
IC ID
Document
Title
Status
208197 Modified
ICR Details
0938-1228 202312-0938-004
Received in OIRA 201308-0938-013
HHS/CMS CM-CPC
The Medicare Advantage and Prescription Drug Program: Part C Explanation of Benefits and Supporting Regulations (CMS-10453) - IRA
Reinstatement with change of a previously approved collection   No
Regular 12/21/2023
  Requested Previously Approved
36 Months From Approved
1,065 0
10,650 0
0 0

Section 11201 of the IRA makes significant changes to the Part D benefit design which require CMS to make corresponding revisions to the Part D EOB model. Beginning in 2024, the IRA revises section 1860D-2(b)(4)(A)(i)(II) of the Act to eliminate enrollee cost sharing after the enrollee has incurred costs equal to the annual out-of-pocket threshold specified in section 1860D-2(b)(4)(B)(i) of the Act. Beginning in 2025, the IRA eliminates the coverage gap benefit phase, sunsets the Coverage Gap Discount Program, and introduces new manufacturer discounts in the initial and catastrophic coverage phases. Medicare Advantage organizations (MAOs) and Medicare Prescription Drug Program (Part D) plan sponsors are required to provide their enrollees with a written explanation of benefits (EOB) when benefits are provided under the plan. Section 1860D-4(a)(4) of the Social Security Act, requires that Part D sponsors distribute to enrollees a notice of benefits used in relation to the Part D initial coverage limit and annual out-of-pocket threshold. CMS codified Part D EOB requirements at 42 CFR § 423.128(e). Section 1852(k)(2)(C)(i) of the Act requires MAOs that offer a private fee-for-service (PFFS) plan to provide enrollees with a written EOB, including a clear statement about the enrollee’s liability, when payment is sought under the plan. CMS regulations specifying that all MAOs provide an EOB when Part C benefits are used are codified at 42 CFR § 422.111(k). Information in this collection is needed to ensure that MA and Part D enrollees receive consistent and timely information about costs associated with their medical claims. Part C and Part D EOBs allow enrollees to track their out-of-pocket expenses and benefit utilization in relation to their plan’s deductible and out-of-pocket threshold.

PL: Pub.L. 110 - 275 103 Name of Law: The Medicare Improvements for Patients and Providers Act of 2008.
   PL: Pub.L. 108 - 117 201 Name of Law: The Medicare Prescription Drug Improvement, and Modernization Act of 2003
   PL: Pub.L. 117 - 169 11201 Name of Law: The Inflation Reduction Act of 2022
  
PL: Pub.L. 117 - 169 11201 Name of Law: the Inflation Reduction Act of 2022

Not associated with rulemaking

  88 FR 37066 06/06/2023
88 FR 85622 12/08/2023
Yes

1
IC Title Form No. Form Name
EOB CMS-10453, CMS-10453, CMS-10453, CMS-10453, CMS-10453, CMS-10452, CMS-10453, CMS-10453, CMS-10453 HMO Monthly Template ,   HMO Quarterly Template ,   MSA Monthly Template ,   MSA Quarterly Template ,   PFFS monthly Template ,   PFFS quarterly Template ,   PPO Monthly Template ,   PPO Quarterly Template ,   Part D EOB Plan Instructions

  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 1,065 0 0 -5,703 0 6,768
Annual Time Burden (Hours) 10,650 0 0 -87,110 0 97,760
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
Yes
Miscellaneous Actions
CMS revised the burden associated with programming Part C and Part D EOBs, and, for Part D (one-time burden) to implement the redesign, corrections, and IRA-related changes. CMS removed the annual hourly burden associated with preparing individual EOBs because after changes to the EOBs are programmed, the production is automated. Thus, the previously approved annualized hourly burden estimate for preparing Part C EOBs has been removed because there are no changes to the Part C EOB templates and we assume the production is automated once EOB templates are programmed.

$1,073
No
    No
    No
No
No
No
No
Stephan McKenzie 410 786-1943 [email protected]

  No

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.
12/21/2023


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