QHP Issuers Data Collection for Notices for Plan or Display Errors Special Enrollment Periods (CMS-10595)

Forms and Documents

Document	Type	Status	Availability
CMS-10595 - Supporting Statement.pdf	Supporting Statement A	Uploaded 2023-01-23	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
219319	QHP Issuers Data Collection for Notices for Plan or Display Errors Special Enrollment Periods		Modified

ICR Details

OMB Control No: 0938-1301	ICR Reference No: 202301-0938-015
Status: Active	Previous ICR Reference No: 201909-0938-014
Agency/Subagency: HHS/CMS	Agency Tracking No: CCIIO
Title: QHP Issuers Data Collection for Notices for Plan or Display Errors Special Enrollment Periods (CMS-10595)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/01/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/23/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2026	36 Months From Approved	02/28/2023
Responses	374	0	505
Time Burden (Hours)	292	0	1,700
Cost Burden (Dollars)	0	0	0

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Abstract: In the final rule, the Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017 (CMS-9937-F), we finalized 45 CFR 156.1256, which requires QHP issuers, in the case of a material plan or benefit display error included in 45 CFR 155.420(d)(12), to notify their enrollees of the error and the enrollees’ eligibility for a special enrollment period within 30 calendar days after the issuer is informed by an Federally- facilitated Exchange (FFE) that the error is corrected, if directed to do so by the FFE. This requirement provides notification to QHP enrollees of errors that may have impacted their QHP selection and enrollment and any associated monthly or annual costs, as well as the availability of a special enrollment period under §155.420(d)(12) for the enrollee to select a different QHP, if desired.

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Authorizing Statute(s): PL: Pub.L. 111 - 156 1312 Name of Law: Patient Protection and Affordable Care Act (Affordable Care Act)
   PL: Pub.L. 111 - 156 1311 Name of Law: Patient Protection and Affordable Care Act (Affordable Care Act)
   PL: Pub.L. 111 - 148 402 Name of Law: Indian Health Care Improvement Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 131 1312 Name of Law: Patient Protection and Affordable Care Act (Affordable Care Act)
PL: Pub.L. 111 - 148 1311 Name of Law: Patient Protection and Affordable Care Act (Affordable Care Act)
PL: Pub.L. 111 - 148 402 Name of Law: Indian Health Care Improvement Act

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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:
	87 FR 59795	10/03/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 1387	01/10/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
QHP Issuers Data Collection for Notices for Plan or Display Errors Special Enrollment Periods

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ICR Summary 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	374	505	0	0	-131	0
Annual Time Burden (Hours)	292	1,700	0	0	-1,408	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 the financial burden from the 2019 PRA package because of a reduction in the number of issuers and number of enrollees receiving notices. The number of QHP issuers decreased from 505 to 374. The number of enrollees receiving notices decreased from 340,000 to 58,461 enrollees. The total annual burden hours decreased from 1,700 hours to 292.50 hours, which is a decrease of 1,407.50 hours.

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Annual Cost to Federal Government: $116,563

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: 01/23/2023

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