Mental Health Parity and Addiction Equity Act of 2008 Notices

ICR 201706-1210-001

OMB: 1210-0138

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2019-09-03
Supplementary Document
2019-09-03
Supplementary Document
2019-08-27
Supplementary Document
2018-04-24
Supplementary Document
2018-04-18
Supporting Statement A
2019-07-16
ICR Details
1210-0138 201706-1210-001
Active 201610-1210-002
DOL/EBSA
Mental Health Parity and Addiction Equity Act of 2008 Notices
Revision of a currently approved collection   No
Regular
Approved with change 09/04/2019
Retrieve Notice of Action (NOA) 05/02/2018
  Inventory as of this Action Requested Previously Approved
09/30/2022 36 Months From Approved 03/31/2020
1,217,876 0 955,207
27,207 0 5,544
3,477,577 0 3,424,759

The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) was enacted on October 3, 2008 as sections 511 and 512 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (Division C of Public Law 110-343). MHPAEA amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHS Act), and the Internal Revenue Code of 1986 (Code). In 1996, Congress enacted the Mental Health Parity Act of 1996, which required parity in aggregate lifetime and annual dollar limits for mental health benefits and medical and surgical benefits. Those mental health parity provisions were codified in section 712 of ERISA, section 2705 of the PHS Act, and section 9812 of the Code. The changes made by MHPAEA are codified in these same sections and consist of new requirements as well as amendments to several of the existing mental health parity provisions applicable to group health plans and health insurance coverage offered in connection with a group health plan. MHPAEA and the interim final regulations do not apply to small employers who have between two and 50 employees. The changes made by MHPAEA are generally effective for plan years beginning after October 3, 2009. MHPAEA and the final regulations (29 CFR 2590.712(d)) require plan administrators to disclose the criteria for medical necessity determinations with respect to mental health and substance use disorder benefits. These third-party disclosures are information collection requests for purposes of the Paperwork Reduction Act. In response to provisions of the Cures Act requires the Departments of Labor (DOL), Health and Human Services, and the Treasury (collectively, the Departments), are providing a model form that participants, enrollees, or their authorized representatives could use to request information from their health plan or issuer regarding NQTLs that may affect their MH/SUD benefits, or to obtain documentation after an adverse benefit determination involving MH/SUD benefits to support an appeal.

US Code: 26 USC 9812 Name of Law: Internal Revenue Code of 1986
   US Code: 29 USC 1185a Name of Law: Employee Retirement Income Security Act of 1974
   US Code: 42 USC 300gg-5 Name of Law: Public Health Service Act
  
PL: Pub.L. 110 - 343 512 Name of Law: The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008

Not associated with rulemaking

  82 FR 28095 06/20/2017
83 FR 19299 05/02/2018
Yes

  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 1,217,876 955,207 0 262,669 0 0
Annual Time Burden (Hours) 27,207 5,544 0 21,663 0 0
Annual Cost Burden (Dollars) 3,477,577 3,424,759 0 52,818 0 0
Yes
Changing Regulations
No
The increase in burden of 20,751 hours is related to the optional disclosure request form. The form is due to the 21st Century Cures Act Related to MHPAEA Disclosures, which requires the Department to obtain feedback from the public on how the disclosure request process for documents containing information that health plans and health insurance issuers are required under Federal or State law to disclose to participants, beneficiaries, contracting providers or authorized representatives to ensure compliance with existing mental health parity and addiction equity requirements can be improved while continuing to ensure consumers’ rights to access all information required by Federal or State law to be disclosed. Other estimates were updated to reflect current data.

$0
No
    No
    No
Yes
No
No
Uncollected
James Butikofer 202 693-8434 [email protected]

  No

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.
05/02/2018


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