Notice Requirement (proposed 45 C.F.R. § 88.5)

Forms and Documents

Document Name	Status
AppendixB Conscience and Discrimination.docx Supplementary Document	2018-02-09
Appendix A to Part 88.docx Supplementary Document	2018-02-09
Updated Conscience PRA Supporting Statement 88.5 2.8.2018.doc Supporting Statement A	2018-02-09

IC Document Collections

IC ID	Document Title	Status
230027	88.5(c)(1)-(3) (voluntary posting)	New
230026	88.5(a) (mandatory posting)	New

ICR Details

OMB Control No: 0945-0009	ICR Reference No: 201802-0945-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: HHS/OCR	Agency Tracking No:
Title: Notice Requirement (proposed 45 C.F.R. § 88.5)
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: Comment filed on proposed rule	Conclusion Date: 06/07/2018
	Date Received in OIRA: 02/09/2018
Terms of Clearance: OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Notice serves three primary purposes. First, persons become apprised of their rights under the applicable Federal health care conscience and associated anti-discrimination laws, including the right to file a complaint with HHS OCR. Second, a person’s awareness of his or her rights increases the likelihood that the person will exercise those rights. Third, recipients and their managers and employees will be reminded and be made aware of their own obligations under these laws.

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Authorizing Statute(s): US Code: 42 USC 300a-7 Name of Law: Church Amendments
   US Code: 42 USC 238n Name of Law: Coats-Snowe Amendment,
   US Code: 42 USC 18023(c)(2)(A)(i)-(i Name of Law: Affordable Care Act
   US Code: 42 USC 290bb-36(f) Name of Law: Youth suicide prevention and treatment
   PL: Pub.L. 115 - 31 7018 Name of Law: Consolidated Appropriations Act, 2017, Pub. L. , Div. J, sec. 7018)
   US Code: 42 USC 5106i(a)(2) Name of Law: Child Abuse Prevention and Treatment Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0945-ZA03	Proposed rulemaking	83 FR 3880	01/26/2018

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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: 2

IC Title	Form No.	Form Name
88.5(a) (mandatory posting)
88.5(c)(1)-(3) (voluntary posting)

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: New Collection

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Annual Cost to Federal Government: $10,346

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 02/09/2018

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