REG- 120692-09 - Notice of Medical Necessity Criteria under the Mental Health Parity and Addition Equity Act of 2008

Forms and Documents

Document Name	Status
Treas reg text 9Nov2009.doc Supplementary Document	2009-11-18
Supporting Statement.pdf Supporting Statement A	2009-11-18

IC Document Collections

IC ID	Document Title	Status
191315	REG-120692-09 (TD XXXX-temp)- Notice of Medical Necessity Criteria under the Mental Health Parity and Addition Equity Act of 2008	New

ICR Details

OMB Control No: 1545-2165	ICR Reference No: 201210-1545-001
Status: Historical Active	Previous ICR Reference No: 200911-1545-018
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: REG- 120692-09 - Notice of Medical Necessity Criteria under the Mental Health Parity and Addition Equity Act of 2008
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/01/2012
	Date Received in OIRA: 10/01/2012
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2013	36 Months From Approved
Responses	223,200	0	0
Time Burden (Hours)	1,900	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Section 9812 of the Code requires group health plans maintained by an employer with more than 50 employees to disclose upon request to participants and beneficiaries of the plan the medical necessity criteria used in making decisions regarding claims for benefits under the plan.

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Authorizing Statute(s): US Code: 26 USC 9812 Name of Law: Parity in the application of certain limits to mental health benefits
  

Citations for New Statutory Requirements: US Code: 26 USC 9812 Name of Law: Parity in the application of certain limits to mental health benefits
PL: Pub.L. 110 - 343 511 Name of Law: Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1545-BI70	Final or interim final rulemaking	75 FR 5410	02/02/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
REG-120692-09 (TD XXXX-temp)- Notice of Medical Necessity Criteria under the Mental Health Parity and Addition Equity Act of 2008

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ICR Summary of Burden

	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	223,200	0	223,200	0	0	0
Annual Time Burden (Hours)	1,900	0	1,900	0	0	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 document contains interim final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, which requires parity between mental health or substance use disorder benefits and medical/surgical benefits with respect to financial requirements and treatment limitations under group health plans and health insurance coverage offered in connection with a group health plan. The result of these new proposed and temporary regulations is an incrrease in estimated responses by 223,200 and an increase of 1,900 burden hours.

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Annual Cost to Federal Government: $1,001,000

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)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 12/03/2009

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