Model Notice

CMS-10535 Model Notice.pdf

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

Model Notice

OMB: 0938-1248

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INSTRUCTIONS FOR MODEL NOTICE
(OMB Control Number 0938-1248)
This model notice may, but is not required to, be used by an eligible organization to provide notice to the
Secretary of Health and Human Services (HHS) that the eligible organization has a religious objection to
coverage of all or a subset of contraceptive services, pursuant to 26 CFR 54.9815-2713A, 29 CFR 2590.7152713A, and 45 CFR 147.131. The notice may also, but is not required to, be used by an organization to provide
updated information to HHS. If the eligible organization establishes or maintains more than one plan, it may
submit a separate notice for each plan, or it may modify this form accordingly.
*Alternatively, an eligible organization may elect to provide notice to HHS without using this model form; or
may elect to self-certify using an EBSA Form 700 and send a copy to each health insurance issuer and third party
administrator. EBSA Form 700 is accessible at:
http://www.dol.gov/ebsa/pdf/preventiveserviceseligibleorganizationcertificationform.pdf.
After completing this notice or notice in another form for the same purpose, it should be sent by email to HHS at
[email protected] or by U.S. mail to:
Centers for Medicare & Medicaid Services
Center for Consumer Information & Insurance Oversight
200 Independence Avenue, SW
Washington, DC 20201
Room 739H
Line-by-line instructions:
Terminology: As used in this form, the term “PHS Act” refers to the Public Health Service Act (42 USC 300gg
et seq.). “ERISA” refers to the Employee Retirement Income Security Act (29 USC 1001 et seq.). The “Code”
refers to the Internal Revenue Code (26 USA 1, et seq.). The “Affordable Care Act” refers to the Patient
Protection and Affordable Care Act (Pub. L. 111-148), as amended by the Health Care and Education
Reconciliation Act of 2010 (Pub. L. 111-152).
Introductory paragraph: Indicate whether the eligible organization has a religious objection to providing
coverage of: (1) all contraceptive services, or (2) a subset of contraceptive services. If the eligible organization
objects to providing coverage of a subset of contraceptive services, insert a description of the services sufficient
to specifically identify those for which the eligible organization objects to providing coverage.
Line 1: Enter the name of the eligible organization and indicate whether it is a non-profit entity or other eligible
organization, as described in any applicable regulations and guidance. Insert contact information for the eligible
organization, including mailing address, phone, and email (if available).
Line 2: In column (a), enter the name of each plan. In columns (b) and (c) enter the plan’s service provider name
and contact information, respectively. In column (d), identify whether the service provider is acting as an issuer
(by insuring the benefit) or a third party administrator (“TPA”, by providing administrative services only). In
column (e), identify if the plan is a church plan, as defined in ERISA section 3(33), or a student health plan, as
defined in 45 CFR 147.145(a). If the plan is neither a church plan nor a student health plan, leave column (e)
blank. If the eligible organization establishes or maintains a plan with more than one service provider, enter
“same” in column (a) and provide information in columns (b), (c), (d), and (e), as applicable.

Line 3: Enter whether the information submitted is original information, or updated information. If the
information is updated, specify the date upon which the updated information was, or will be, effective and what
has changed (including if the organization no longer meets the criteria to be an eligible organization).

PRA Disclosure Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information
collection is 0938-1248. The time required to complete this information collection is estimated to average 50
minutes per response, including the time to review instructions, search existing data resources, gather the data
needed, and complete and review the information collection. If you have comments concerning the accuracy of
the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn:
PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.

MODEL NOTICE
Date: ____________________
To the Secretary of Health and Human Services:
The following eligible organization has a religious objection to providing coverage of [ ] all or [ ] a subset of
contraceptive services required to be covered under PHS Act section 2713, as added by the Affordable Care Act,
and incorporated into ERISA section 715 and Code section 9815. If the eligible organization objects to providing
coverage of a subset of contraceptive services, insert a description of the services for which the eligible
organization objects to providing coverage:
__________________________________________________________________________.
(1) Name of eligible organization: _________________________________
Contact information: _________________________________________
Eligible organization is a: [ ] Non-profit entity; OR [ ] Other eligible organization
(2) Service provider information:
(a) Plan name

(b) Service provider
name

(c) Service provider
contact information

(d) Service provider
category
[ ]Issuer or [ ]TPA
[ ]Issuer or [ ]TPA
[ ]Issuer or [ ]TPA
[ ]Issuer or [ ]TPA

(e) Plan type (if applicable)
[
[
[
[

]Church plan
]Church plan
]Church plan
]Church plan

[
[
[
[

]Student plan
]Student plan
]Student plan
]Student plan

(3) Information being submitted is (check one):
[ ] Original information; OR [ ] Updated information.
If updated information is being provided, specify the date upon which the updated information
was, or will be, effective and what has changed: ______________________________________.

_________________________________________________________________________________
Signature of authorized representative of eligible organization
Date
___________________________________________________
Typed name of authorized representative of eligible organization


File Typeapplication/pdf
File TitleInstructions for Model Notice
SubjectOMB Control Number 0938-1248
AuthorCMS/CCIIO
File Modified2014-11-13
File Created2014-11-13

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