Standards for Navigators and Non-Navigator Assistance Personnel; Consumer Assistance Tools and Programs of an Exchange and Certified Application Counselors

Forms and Documents

Document Name	Status
Form CMS-10494 155.225(d)(1) - Training certificate retention Form and Instruction	Unchanged
Form CMS-10494 155.225(d)(1) - Training certificate proof Form and Instruction	Unchanged
Form CMS-10494 155.225(d)(1) - Training Registration Form and Instruction	Unchanged
Form CMS-10494 155.225(b)(1)(ii) - Identification number record retention Form and Instruction	Unchanged
Form CMS-10494 155.225(b)(1)(ii) - Issuance of unique registration identification number Form and Instruction	Unchanged
CMS-10494 Appendix D.pdf Supplementary Document	2014-07-01
CMS-10494 Supporting Statement-PRA clean.pdf Supporting Statement A	2014-07-01
CMS-2334-F2-APPENDIX B.PDF Supplementary Document	2013-08-14

IC Document Collections

IC ID	Document Title	Status
212224	155.255 (d)(7) - Exchange Recertification	New
212218	155.225 - Recertification Training	New
212210	155.225 - CAC Recertification	New
208217	155.225(d)(1) - Training certificate retention Form and Instruction	Unchanged
208216	155.225(d)(1) - Training certificate proof Form and Instruction	Unchanged
208215	155.225(d)(1) - Training Registration Form and Instruction	Unchanged
208214	155.225(b)(1)(ii) - Identification number record retention Form and Instruction	Unchanged
208213	155.225(b)(1)(ii) - Issuance of unique registration identification number Form and Instruction	Unchanged
207940	155.225(d)(2) and (f) (CAC authorization to consumer)	Modified
207939	155.225(d)(2) and (f) (organization record of authorization)	Modified
207938	155.225(b)(1)(i) (certificate issuance)	Modified
207937	155.225(b)(1) (organization list)	Modified
207874	155.225(b)(1)(i) (organization attestation)	Modified
207873	155.225(b)(1) (organization follow-up for application)	Modified
207872	155.225(b)(1) (organization designation by Exchange)	Modified

ICR Details

OMB Control No: 0938-1205	ICR Reference No: 201407-0938-001
Status: Historical Inactive	Previous ICR Reference No: 201308-0938-016
Agency/Subagency: HHS/CMS	Agency Tracking No: 20316
Title: Standards for Navigators and Non-Navigator Assistance Personnel; Consumer Assistance Tools and Programs of an Exchange and Certified Application Counselors
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/21/2014
	Date Received in OIRA: 07/03/2014
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments. Prior terms remain in effect: This approval adds the training registration for CAC applicants. Consistent with the prior terms, this control number extends only to the collections described in the supporting statement and burden estimates. For other information collections associated with this program, CMS will submit a revision to this control number to obtain approval. Consistent with 5 CFR Part 1320, such provisions will not be effective until OMB approves them.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2016	36 Months From Approved	08/31/2016
Responses	4,596,000	0	4,596,000
Time Burden (Hours)	667,740	0	667,740
Cost Burden (Dollars)	0	0	0

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Abstract: Section 1413 of the Affordable Care Act directs the Secretary of HHS to establish, subject to minimum requirements, a streamlined enrollment system for qualified health plans offered through the Exchange and insurance affordability programs. In addition, section 1321(a)(1) of the Affordable Care Act directs and authorizes the Secretary to issue regulations setting standards for meeting the requirements under title I of the Affordable Care Act, with respect to, among other things, the establishment and operation of Exchanges. Pursuant to this authority, regulations establishing the certified application counselor program are being finalized at 45 CFR 155.225. Specifically, 45 CFR 155.225(a) requires an Exchange to establish a certified application counselor program that complies with the requirements of the rule. Section155.225(b)(1) allows each Exchange to designate certain organizations, including organizations designated by state Medicaid or CHIP agencies, which will certify their staff and volunteers to act as certified application counselors. In accordance with 45 CFR 155.225(b)(2), Exchanges may choose to certify directly individuals who seek to act as certified application counselors, designate certain organizations which will certify staff or volunteers to perform application services, or do both.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 1413 Name of Law: Streamlining of procedures for enrollment through an exchange
   PL: Pub.L. 111 - 148 1321(a)(1)(A) and (D) Name of Law: State Flexibility in Operation and Enforcement of Exchanges and Related Requirements
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 148 1321(A) and (D) Name of Law: State Flexibility in Operation and Enforcement of Exchanges and Related Requirements
PL: Pub.L. 111 - 148 1413 Name of Law: Streamlining of procedures for enrollment through an exchange

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AS02	Proposed rulemaking	79 FR 15854	03/21/2014

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 36518	06/27/2014
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 15

IC Title	Form No.	Form Name
155.225(b)(1) (organization list)
155.225(d)(1) - Training certificate retention	CMS-10494	Registration
155.225 - CAC Recertification
155.225(b)(1) (organization designation by Exchange)
155.255 (d)(7) - Exchange Recertification
155.225 - Recertification Training
155.225(b)(1) (organization follow-up for application)
155.225(b)(1)(i) (organization attestation)
155.225(b)(1)(i) (certificate issuance)
155.225(d)(2) and (f) (organization record of authorization)
155.225(d)(2) and (f) (CAC authorization to consumer)
155.225(b)(1)(ii) - Issuance of unique registration identification number	CMS-10494	Registration
155.225(b)(1)(ii) - Identification number record retention	CMS-10494	Registration
155.225(d)(1) - Training Registration	CMS-10494	Registration
155.225(d)(1) - Training certificate proof	CMS-10494	Registration

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a revised collection related to the requirements of §155.225 to include an additional burden associated with proposed §155.225(d)(7) which, as finalized, require CACs to be recertified on an annual basis and take training. We solicited public comments for this proposed regulation in conjunction with this revised collection. We have previously obtained OMB control number for certain collections related to §155.225 under OMB control number 0938-1205. This revised collection increased the total time burden by 19,610.

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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]? Yes

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 07/03/2014

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