Prescription Drug and Health Care Spending (CMS-10788)

ICR 202111-0938-012

OMB: 0938-1405

Federal Form Document

Forms and Documents
IC Document Collections
IC ID
Document
Title
Status
250526 New
250524 New
250521 New
ICR Details
202111-0938-012
Received in OIRA
HHS/CMS CCIIO
Prescription Drug and Health Care Spending (CMS-10788)
New collection (Request for a new OMB Control Number)   No
Emergency 12/23/2021
11/23/2021
  Requested Previously Approved
6 Months From Approved
356 0
1,684,080 0
0 0

On December 27, 2020, the Consolidated Appropriations Act, 2021 (CAA) was signed into law. Section 204 of Title II of Division BB of the CAA added parallel provisions at section 9825 of the Internal Revenue Code (the Code), section 725 of the Employee Retirement Income Security Act (ERISA), and section 2799A-10 of the Public Health Service Act (PHS Act) that require group health plans and health insurance issuers offering group or individual health insurance coverage to annually report to the Department of Treasury, the Department of Labor (DOL), and the Department of Health and Human Services (HHS) (collectively, “the Departments”) certain information about prescription drug and health care spending, premiums, and enrollment under the plan or coverage. This information will support the development of public reports that will be published by the Departments on prescription drug reimbursements for plans and coverage, prescription drug pricing trends, and the role of prescription drug costs in contributing to premium increases or decreases under the plans or coverage. The 2021 interim final rules, “Prescription Drug and Health Care Spending” (2021 interim final rules), issued by the Departments and the Office of Personnel Management (OPM) implement the provisions of section 9825 of the Code, section 725 of ERISA, and section 2799A-10 of the PHS Act, as enacted by section 204 of Title II of Division BB of the CAA. OPM joined the Departments in issuing the 2021 interim final rules, requiring Federal Employees Health Benefits (FEHB) carriers to report information about prescription drug and health care spending, premiums, and plan enrollment in the same manner as a group health plan or health insurance issuer offering group or individual health insurance coverage.
See attached.

PL: Pub.L. 116 - 260 204 Name of Law: Consolidated Appropriations Act, 2021
   PL: Pub.L. 93 - 406 725 Name of Law: ERISA
  
PL: Pub.L. 93 - 406 725 Name of Law: ERISA
PL: Pub.L. 116 - 260 204 Name of Law: Consolidated Appropriations Act, 2021

0938-AU66 Final or interim final rulemaking 86 FR 66662 11/23/2021

No

3
IC Title Form No. Form Name
Issuers and FEHB Carriers
PBMs
TPAs

  Total Request 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 356 0 356 0 0 0
Annual Time Burden (Hours) 1,684,080 0 1,684,080 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
This is a new information collection request.

$4,700,000
No
    No
    No
Yes
No
No
No
William Parham 4107864669

  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.
11/23/2021


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