Rate Increase Disclosure and Review Reporting Requirements (CMS-10379)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CMS-10379 Supporting Statement OMB-.docx	Supporting Statement A	Uploaded 2019-08-28	Available
CMS-10379 - 60-day public comment summary.docx	Supplementary Document	Uploaded 2019-07-11	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
198022	State Unreasonable Rate Increase Determinations		Modified
198020	Health Insurance Issuer Submission of Final Justification for Unreasonable Rate Increases	Other-Microsoft Word	Modified
198019	Health Insurance Issuer Submission of the Preliminary Justification	Other-Microsoft Word	Modified

ICR Details

OMB Control No: 0938-1141	ICR Reference No: 201907-0938-002
Status: Active	Previous ICR Reference No: 201606-0938-008
Agency/Subagency: HHS/CMS	Agency Tracking No: CMS-10379
Title: Rate Increase Disclosure and Review Reporting Requirements (CMS-10379)
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: 10/29/2019
	Date Received in OIRA: 08/29/2019
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2022	36 Months From Approved	10/31/2019
Responses	1,227	0	4,086
Time Burden (Hours)	20,462	0	41,365
Cost Burden (Dollars)	0	0	0

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Abstract: The Patient Protection and Affordable Care Act (Pub. L. 111–148) was enacted on March 23, 2010; the Health Care and Education Reconciliation Act (Pub. L. 111–152) was enacted on March 30, 2010. In this statement, we refer to the two statutes collectively as the Affordable Care Act. The Affordable Care Act reorganizes, amends, and adds to the provisions of Part A of title XXVII of the Public Health Service Act (PHS Act) relating to group health plans and health insurance issuers in the group and individual markets. Section 1003 of the Affordable Care Act adds a new section 2794 of the PHS Act which directs the Secretary of the Department of Health and Human Services (the Secretary), in conjunction with the States, to establish a process for the annual review of “unreasonable increases in premiums for health insurance coverage.” Additionally, section 2794 also directs the Secretary, in conjunction with the States, to monitor all rate increases effective 2014. The statute provides that this process shall require health insurance issuers to submit to the Secretary and the applicable State justifications for unreasonable premium increases prior to the implementation of the increases. Section 2794 also directs the Secretary to ensure the public disclosure of information and justification relating to unreasonable rate increases.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 1003 Name of Law: Affordable Care Act
  

Citations for New Statutory Requirements: None

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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:
	84 FR 358	01/24/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 22850	05/20/2019
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

table that charts list of burden

IC Title	Form No.	Form Name
Health Insurance Issuer Submission of Final Justification for Unreasonable Rate Increases
State Unreasonable Rate Increase Determinations
Health Insurance Issuer Submission of the Preliminary Justification

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ICR Summary of Burden

table that charts list 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	1,227	4,086	0	0	-2,859	0
Annual Time Burden (Hours)	20,462	41,365	0	0	-20,903	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: There is an overall decrease in burden hours from 41,213 hours to 20,462 hours. As a result of student health coverage being exempted from Federal rate review requirements, we expect a total reduction in the annual burden to issuers of approximately 440 hours. We estimate that states will no longer submit rate increases for 40 student health insurance plans to CMS. We estimate a reduction in burden to states of approximately 40 hours annually. We expect the adoption of URRT version 5.0 (Part I of the Rate Filing Justification) will reduce the burden for issuers by 2 hours per submission. The total issuer burden will decrease by 1,832 hours annually. We expect the number of written justifications (Part II of the Rate Filing Justification) to decrease by 125 submissions due to the change in Federal default review threshold. The issuer burden will decrease by 187.5 hours annually and the state burden will decrease by 4735.5 hours annually.

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Annual Cost to Federal Government: $302,316

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: 08/29/2019

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