Employer Notification Request to HHS of its Objection to Providing Contraceptive Services (CMS-10535)

Forms and Documents

Document Name	Status
CMS-10535_supporting statement 30d 3-06-2015_final.pdf Supporting Statement A	2015-03-09
CMS-10535 Appendix A Comment Summary.docx Supplementary Document	2015-03-06

IC Document Collections

IC ID	Document Title	Status
212753	Employer Notification Request to HHS of its Objection to Providing Contraceptive Services – Self-Certification	Modified

ICR Details

OMB Control No: 0938-1248	ICR Reference No: 201503-0938-004
Status: Historical Active	Previous ICR Reference No: 201411-0938-002
Agency/Subagency: HHS/CMS	Agency Tracking No:
Title: Employer Notification Request to HHS of its Objection to Providing Contraceptive Services (CMS-10535)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/07/2015
	Date Received in OIRA: 03/09/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2018	36 Months From Approved	10/31/2015
Responses	61	0	122
Time Burden (Hours)	51	0	110
Cost Burden (Dollars)	0	0	0

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Abstract: The interim final regulations titled "Coverage of Certain Preventive Services Under the Affordable Care Act" continue to allow such eligible organizations to notify an issuer or third party administrator using EBSA Form 700, as set forth in the July 2013 final regulations. In addition, the interim final regulations permit an alternative process, consistent with the Wheaton order, under which an eligible organization could notify the Secretary of HHS that it will not act as the plan administrator or claims administrator with respect to, or contribute to the funding of, coverage of all or a subset of contraceptive services.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 1001 Name of Law: Amendments to the Public Health Service Act
   PL: Pub.L. 111 - 148 1563 Name of Law: Conforming Amendments
   US Code: 42 USC 300gg-13 Name of Law: Coverage of preventive health services
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 148 1001 Name of Law: Amendments to the Public Health Service Act
PL: Pub.L. 111 - 148 1563 Name of Law: Conforming amendments

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 72685	12/08/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 12180	03/06/2015
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Employer Notification Request to HHS of its Objection to Providing Contraceptive Services – Self-Certification

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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	61	122	0	0	-61	0
Annual Time Burden (Hours)	51	110	0	0	-59	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: HHS inadvertently estimated burden for the entire collection rather than splitting the burden with the Department of Labor. The burden has been reduced to cover 61 respondents rather than the entire 122 respondents. Therefore, the burden has decreased from 110 hours to 51 hours to correct that error and a calculation error.

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Annual Cost to Federal Government:

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: 03/09/2015

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