Disclosure and Recordkeeping Requirements for Grandfathered Health Plans under the Affordable Care Act

ICR 201011-0938-010

OMB: 0938-1093

Federal Form Document

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ICR Details
0938-1093 201011-0938-010
Historical Active 201006-0938-005
HHS/CMS
Disclosure and Recordkeeping Requirements for Grandfathered Health Plans under the Affordable Care Act
Revision of a currently approved collection   No
Emergency 11/18/2010
Approved without change 11/22/2010
Retrieve Notice of Action (NOA) 11/17/2010
  Inventory as of this Action Requested Previously Approved
05/31/2011 6 Months From Approved 12/31/2010
20,613,000 0 20,508,000
53,200 0 53,000
330,000 0 318,000

The grandfathered health plan disclosure notice will be used by health plans to notify their beneficiaries that their plan is a grandfathered plan. In addition, it will provide contact information if the beneficiary has questions about their plans status. In addition, the health plan must maintain records that document its status as a grandfathered health plan. This information will be used by the Department to verify the status of the plan.
Under section 1251 of the Affordable Care Act, as modified by section 10103 of the Affordable Care Act and section 2301 of the Reconciliation Act, certain provisions of the Affordable Care Act do not apply to a group health plan or health insurance coverage in which an individual was enrolled on March 23, 2010 (a grandfathered health plan). The statute and these interim final regulations allow family members of individuals already enrolled in a grandfathered plan to enroll in the plan after March 23, 2010; in such cases, the plan or coverage is also a grandfathered health plan with respect to the family members. New employees (whether newly hired or newly enrolled) and their families can enroll in a grandfathered group health plan after March 23, 2010. If a plan or health insurance coverage intends to be a grandfathered health plan, it must include a statement in any plan materials provided to participants or beneficiaries (in the individual market, primary subscriber) describing the benefits provided under the plan or health insurance coverage, and that the plan or coverage is intended to be grandfathered health plan within the meaning of section 1251 of the Affordable Care Act ("grandfathered health plan disclosure"). Due to the urgency and short time frames associated with these provisions, HHS does not have sufficient time to allow for the usual comment timeframe allotted in the PRA process.

PL: Pub.L. 111 - 148 1251 Name of Law: Preservation of right to maintain existing coverage.
  
None

Not associated with rulemaking
Other Documents for OIRA Review

No

2
IC Title Form No. Form Name
Disclosure and Recordkeeping Requirements
Grandfathered Plan Change in Carrier Disclosure

  Total Approved 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 20,613,000 20,508,000 0 105,000 0 0
Annual Time Burden (Hours) 53,200 53,000 0 200 0 0
Annual Cost Burden (Dollars) 330,000 318,000 0 12,000 0 0
Yes
Changing Regulations
No
The burden increased due to changing regulation in 45 CFR Part 147.

$0
No
No
Yes
No
No
Uncollected
William Parham 4107864669

  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.
11/17/2010


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