Mental Health Parity and Addiction Equity Act of 2008 Notices

ICR 202103-1210-004

OMB: 1210-0138

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2021-03-30
Supporting Statement A
2021-03-26
Supplementary Document
2021-03-24
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
ICR Details
1210-0138 202103-1210-004
Active 201706-1210-001
DOL/EBSA
Mental Health Parity and Addiction Equity Act of 2008 Notices
Revision of a currently approved collection   No
Emergency 04/05/2021
Approved with change 04/02/2021
Retrieve Notice of Action (NOA) 04/02/2021
  Inventory as of this Action Requested Previously Approved
10/31/2021 6 Months From Approved 09/30/2022
1,413,420 0 1,217,876
3,046,961 0 27,207
3,994,517 0 3,477,577

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.
If the Department were to comply with standard PRA clearance procedures, the Department would delay the enforcement of MHPAEA.

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. 116 - 260 203 Name of Law: The Consolidated Appropriations Act of 2021
  
PL: Pub.L. 116 - 260 203 Name of Law: The Consolidated Appropriations Act of 2021

Not associated with rulemaking

No

  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 1,413,420 1,217,876 113,123 0 82,421 0
Annual Time Burden (Hours) 3,046,961 27,207 3,019,319 0 435 0
Annual Cost Burden (Dollars) 3,994,517 3,477,577 1,200 0 515,740 0
No
No
The increase in hour burden is associated with the ICRs related to the new comparative analysis that the Department is requiring in order to meet the MHPAEA-related requirements in The Consolidated Appropriations Act of 2021.

$26,132,793
No
    No
    No
Yes
No
No
No
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.
04/02/2021


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