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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 33. Notice to Other Agencies 45 CFR
150.525
At 45 CFR 150.525, HHS proposes that whenever a penalty becomes final, CMS would notify certain organizations and entities about such action and the reasons for it, as appropriate. Section 150.525 lists the organizations or entities that section 1128Ah of the SSA requires to be notified if a penalty was imposed against a provider or facility: The state or local medical or professional association, the state Department of Health, the appropriate state or local licensing agency or organization, and the appropriate utilization and quality control peer review organization. HHS proposes that CMS may additionally notify the following agencies by providing the final penalty notice, as appropriate: The state Department of Insurance or similar agency, the state Attorney General, the DOL, the Department of the Treasury, or OPM by sharing the final penalty notice.
HHS seeks comment on any other organizations or entities that should be notified if a provider or facility is penalized for a violation of the PHS Act or a violation of section 106a of the No Surprises Act.
IV. Provisions of the Proposed Rules on Reporting Requirements Regarding Air Ambulance ServicesOffice of Personnel Management OPM proposes requirements related to data collection from FEHB carriers with respect to air ambulance services provided to covered individuals in an FEHB plan in the same manner as such provisions apply to a group health plan or health insurance issuer offering group or individual health insurance coverage.
The OPM rules would clarify that FEHB
carriers are both authorized and required by OPM to report information on air ambulance claims data to HHS in accordance with the requirements of 45
CFR 149.230. OPM would coordinate with HHS to receive FEHB air ambulance data. This data would be used by both HHS in its report to Congress and by OPM in its oversight of the FEHB Program.
Under 5 U.S.C. 8902p, FEHB carriers must comply with requirements described in section 9817 of the Code, section 717 of ERISA, and section 2799A2 of the PHS Act in the same manner as those provisions apply to group health plans and health insurance issuers offering group or individual health insurance coverage. Similarly, 5.
U.S.C. 8902p applies balance billing protections described in section 2799B
5 of the PHS Act to enrollees in an FEHB plan in the same manner as those
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provisions apply to enrollees in a group health plan or coverage offered by an issuer. Despite these parallel provisions, 5 U.S.C. 8902p does not reference the reporting requirements found in section 9823 of the Code, section 723 of ERISA, and section 2799A8 of the PHS Act.
Under 5 U.S.C. 8910a, OPM must make a continuing study of the operation and administration of the FEHB Program, including reports on FEHB plans experience. Under 5 U.S.C.
8910b, each contract between OPM
and FEHB carriers must contain provisions requiring carriers to furnish such reasonable reports as OPM deems necessary to carry out its functions under the FEHB Act. Accordingly, OPMs contract with each FEHB carrier requires the carrier to furnish reports that OPM finds necessary to properly administer the FEHB Program.35 In addition, 5 U.S.C. 8910c requires government agencies to furnish OPM
with such information and reports as may be necessary to enable OPM to administer the FEHB Program.
Enactment of 5 U.S.C. 8902p extends new surprise billing protections with respect to air ambulance services to FEHB plan enrollees and their covered family members. OPM has determined that in order to effectively carry out its functions under 5 U.S.C. 8902p, including the underlying goals of increased transparency and lowered costs for FEHB covered individuals, carriers must furnish to HHS air ambulance data as provided for in this proposed rule.
FEHB covered individuals utilize air ambulance services not only domestically but also to transport Federal civilian personnel back to the United States from service performed overseas, in the case of medical emergencies. OPM currently lacks comprehensive information with respect to air ambulance services and claims, and this data could prove important to OPM as it negotiates benefits and rates with carriers pursuant to 5 U.S.C. 8902
as well as relative to its general administration and oversight of the FEHB Program.
OPM maintains authority to study the experience of plans and to require carriers to furnish reports that OPM
determines necessary pursuant to 5
U.S.C. 8910, and this may include reports that OPM authorizes as necessary to be submitted to HHS where 35 In addition to this statutory authority and parallel contract language, FEHB carrier contracts incorporate FEHB regulations found at 5 CFR parts 890 through 894. As part of this proposed rulemaking, OPM proposes to amend FEHB
regulations to direct carriers to comply with requirements of 45 CFR 149.230.

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OPM deems those reports important in support of the FEHB mission. Further, 5
U.S.C. 8910c authorizes HHS to share data with OPM that is necessary for OPMs study and oversight of the FEHB
Program. For these reasons, OPM
proposes to authorize and require FEHB
carriers to submit air ambulance data to HHS. OPM would coordinate with HHS
to receive FEHB air ambulance services data for its administrative and oversight functions of the FEHB Program under 5
U.S.C. 8910. OPM would enforce carrier compliance with reporting requirements to HHS with respect to FEHB plans.
OPM would enforce compliance through its contracts with the carriers.
OPM understands the need to ensure stakeholder and consumer privacy when data is shared with OPM. HHS has taken steps to ensure that claims-level data elements would be limited. OPM would collect and store any data it receives through IT systems that meet all security protocols established by OPM.
When using these data, OPM would deidentify and aggregate data to protect the confidentiality of proprietary and personal information.
OPM requests comment on its proposal to require air ambulance services claims data to be reported by FEHB carriers to HHS and for HHS to share this data with OPM.
V. Collection of Information RequirementsThe Department of Health and Human Services Under the Paperwork Reduction Act of 1995 PRA, the Departments are required to provide 60-day notice in the Federal Register and solicit public comment before a collection of information requirement is submitted to the Office of Management and Budget OMB for review and approval. These proposed rules contain information collection requirements ICRs that are subject to review by OMB. A description of these provisions is given in the following paragraphs with an estimate of the annual burden, summarized in Table 7. To fairly evaluate whether an information collection should be approved by OMB, section 3506c2A
of the PRA requires that the Departments seek comment on the following issues:
The need for the information collection and its usefulness in carrying out the proper functions of the agencies.
The accuracy of the Departments estimate of the information collection burden.
The quality, utility, and clarity of the information to be collected.
Recommendations to minimize the information collection burden on the
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