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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0938-0964
ICR Reference No:
200811-0938-004
Status:
Historical Inactive
Previous ICR Reference No:
200609-0938-008
Agency/Subagency:
HHS/CMS
Agency Tracking No:
Title:
Medicare Prescription Drug Benefit Program
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
11/14/2008
OIRA Conclusion Action:
Preapproved
Conclusion Date:
11/12/2008
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/11/2008
Terms of Clearance:
This emergency ICR is approved for 6 months, and consistent with the information collection requirements set forth in the rule it is associated with (0938-AP52). This approval does not extend to information collection requirements not associated with this rule, for which CMS shall seek separate approval. Should CMS revise the information collection provisions following public comment on the rule, CMS shall submit a revised ICR package as appropriate. CMS also agrees to ensure that the standard PRA blurb and OMB control number and expiration date information appears on each form, prior to fielding the forms. Use of forms without such information is inconsistent with the supporting statement and shall constitute a violation of the PRA. Finally, during the 6 months for which ICR approval has been granted, CMS shall re-evaluate whether the burdens are more appropriately classified as "changes due to agency discretion" rather than "changes due to statute."
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2009
6 Months From Approved
02/28/2009
Responses
38,179,679
0
43,064,549
Time Burden (Hours)
34,671,257
0
40,278,247
Cost Burden (Dollars)
0
0
0
Abstract:
This ICR collects information CMS needs to approve contract applications, determine compliance with the eligibility and associated Medicare Part D participation requirements, make proper payment to plans, and to ensure that correct information is disclosed to enrollees, both potential enrollees and current enrollees.
Emergency Justfication:
As instructed by OMB, we are seeking the emergency review and approval of the revision of this currently approved ICR. This submission seeks approval of the information collection requirements associated with the regulation CMS-4138-IFC2 (Medicare Program; Revisions to the Medicare Advantage and Prescription Drug Benefit Program) and requirements under section 42 CFR 423.2274(d).
Authorizing Statute(s):
Statute at Large:
18 Stat. 1860
Citations for New Statutory Requirements:
Statute at Large: 18 Stat. 1860
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0938-AP52
Final or interim final rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
73 FR 28556
05/16/2008
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Medicare Prescription Drug Benefit Program (PLAN)-(CMS-10141)
Medicare Prescription Drug Benefit Program (Benes)
Medicare Prescription Drug Benefit Program (Plan)
ICR Summary of Burden
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
38,179,679
43,064,549
1,000,088
0
-5,884,958
0
Annual Time Burden (Hours)
34,671,257
40,278,247
181,370
0
-5,788,360
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This ICR has been revised to include the new requirements in regulation CMS-4138-IFC2 for agents and brokers of Part D plans to submit information to CMS about their commissions and compensation structures over a multi-year period, to ensure that they are not improperly incentivized to "churn" Medicare beneficiaries from one plan to another without regard for the health impact to the beneficiaries.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Bonnie Harkless 4107865666
Common Form ICR:
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:
(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:
11/11/2008
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