Information Collection Requirements for Non-Exchange Entities (CMS-10666)

Forms and Documents

Document Name	Status
10666-Non-Exchange-Ents-SS-OMB.docx Supporting Statement A	2022-01-10

IC Document Collections

IC ID	Document Title	Status
251080	Web-Brokers and QHP Issuers - Request to Deviate	New
226005	Differential Display of Standardized Options on the Web Sites of Agents and Brokers and QHP Issuers Instruction	Modified

ICR Details

OMB Control No: 0938-1329	ICR Reference No: 202201-0938-005
Status: Received in OIRA	Previous ICR Reference No: 201703-0938-008
Agency/Subagency: HHS/CMS	Agency Tracking No: CCIIO
Title: Information Collection Requirements for Non-Exchange Entities (CMS-10666)
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/10/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	165	0
Time Burden (Hours)	275	0
Cost Burden (Dollars)	0	0

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Abstract: This Information Collection Request (ICR) serves as the formal request for a new data collection clearance associated with the HHS Notice of Benefit and Payment Parameters for 2023 Proposed Rule (2023 Proposed Payment Notice) regarding the authority to allow HHS to collect the necessary information to enable web-brokers and issuers using the Classic DE and EDE pathways to submit a request to deviate from the manner in which standardized options are differentially displayed on HealthCare.gov, if they so choose.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 1400(b) Name of Law: Patient Protection and Affordable Care Act of 2010
  

Citations for New Statutory Requirements: US Code: 45 USC 156.265 Name of Law: Enrollment process for qualified individuals

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AU65	Proposed rulemaking	87 FR 584	01/05/2022

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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
Web-Brokers and QHP Issuers - Request to Deviate
Differential Display of Standardized Options on the Web Sites of Agents and Brokers and QHP Issuers

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ICR Summary of Burden

	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	165	0	55	0	110	0
Annual Time Burden (Hours)	275	0	55	0	220	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: The estimate for web-brokers and QHP issuers utilizing the Classic DE and EDE pathways to differentially display standardized options consistent with HealthCare.gov in the current collection is lower than the estimate in the previously discontinued collection, primarily due to the lower number of entities subject to this requirement in the current collection. The burden estimate in the previously discontinued collection did not include an estimate for allowing web-brokers and QHP issuers utilizing the Classic DE and EDE pathways to submit a request to deviate from the manner in which standardized options are differentially displayed on HealthCare.gov, so this aspect of the burden estimate is slightly higher in the current collection. The total burden hours estimate reduced from 320 to 275 annually, a change of 45 hours.

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Annual Cost to Federal Government: $2,463

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? No

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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: 01/10/2022

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