HHS is advised
that the next approval of this collection must be obtained through
regular PRA notice and comment procedures. Additionally, OMB notes
that all guidances mentioned in the supporting documentation for
this ICR (including the guidance described at the top of page 7 of
the Supporting Statement, and the guidance mentioned on the top of
page two of the crosswalk document) are covered by the PRA and must
be submitted for OMB review as revisions to this Control Number
under normal clearance procedures before publication.
Inventory as of this Action
Requested
Previously Approved
06/30/2011
6 Months From Approved
03/31/2011
71,330
0
79,104
2,004,599
0
1,792,440
0
0
0
Under the Patient Protection and
Affordable Care Act (P.L. 111-148) and implementing regulations at
45 CFR Part 149, employment-based plans that offer health coverage
to early retirees and their spouses, surviving spouses, and
dependents are eligible to receive tax-free reimbursement for a
portion of the costs of health benefits provided to such
individuals. To qualify, a plan sponsor must submit a complete
application to HHS, and must submit reimbursement requests that
consist of a list of individuals for whom reimbursement is sought,
and documentation of the costs of health benefits
provided.
The original PRA package
for the Early Retiree Reinsurance Program (ERRP) was approved in
May 2010 on an emergency basis, and was scheduled to expire
November 30, 2010. The original, approved PRA package was developed
with certain assumptions about how the program would operate.
However, as this program quickly developed, unforeseen
circumstances dictated that HHS needed to collect, by October 1,
2010, certain data that it did not foresee having to collect, or
which HHS needed to collect in a manner not envisioned at the time
the original package was developed. Specifically, the
Administration wanted ERRP plan sponsors to be able to begin
submitting, on October 1, 2010, lists of early retirees for whom
the sponsors wish to submit with their first reimbursement request
under the program, as well as summary claims data upon which the
reimbursement requests would be based. However, the original,
approved PRA package did not specify the necessary data elements
that had subsequently been developed for early retiree lists, nor
did it envision the collection of summary claims data, or the
required elements to collect with respect to such data, because
these details were not and could not have been known at the time
the original package was approved. Therefore, in order to be able
to meet the Administration's objectives specified above, we
requested, and OMB granted emergency approval of, revisions to OMB
0938-1087. That approval, granted September 30, 2010, expires March
31, 2011. Need for Further Revisions to 0938-1087 Leadership now
expects HHS to begin collecting detailed claims data (in addition
to Early Retiree Lists and summary claims data, which are already
being collected) in February 2011. It is critical to do so, to help
ensure that sponsors are submitting claims only for items and
services for which costs are reimbursable under ERRP, and to help
identify instances where claims for ineligible items and services
are being submitted. By no later than December 14, 2010, HHS
expects to complete the time-consuming task of defining the
required data elements to collect, and the required format, for the
detailed claims data. As soon as possible after doing so, HHS must
i educate the ERRP community on the data elements and format, so
that sponsors will have sufficient time to modify their existing
systems, or build the necessary systems, in time to electronically
submit the detailed claims data in February. Additionally, HHS
needs to issue guidance on how plan sponsors must submit
program-related appeals, and disclose previously submitted data
inaccuracies, which sponsors may, and must, do, respectively,
pursuant to the ERRP regulation. HHS has draft guidance it wishes
to publish setting forth the data elements sponsors must submit
when requesting such appeals and making such disclosures. However,
the approved PRA package does not include all these data elements.
Therefore, HHS expects to deliver to OMB a revised PRA package
0938-1087 on December 14 or 15, 2010. For the reasons stated above,
HHS requests emergency clearance of the revisions to 0938-1087, by
no later than December 23, 2010.
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.
Data Inaccuracies (Private)