Nondiscrimination in Health Programs and Activities
New collection (Request for a new OMB Control Number)
No
Regular
Approved without change
06/11/2024
05/07/2024
OMB is approving this information collection request for a period of three years during which time the agency will request approval to extend or revise the collection if the agency seeks to continue the information collection activity beyond the period approved under this action.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
06/30/2027
36 Months From Approved
596,544
0
0
1,329,209
0
0
0
0
0
The Office for Civil Rights Section 1557 final rule contains information collection requirements that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (âPRAâ). Under the PRA, agencies are required to submit to OMB for review and approval any reporting or record-keeping requirements inherent in a proposed or final rule and are required to publish such proposed requirements for public comment. The PRA requires agencies to provide a 60-day notice in the Federal Register and solicit public comment on a proposed collection of information before it is submitted to OMB for review and approval. Under Section 3506(c)(2)(A) of the PRA, the Department solicited comment on the following issues:
1. Whether the information collection is necessary and useful to carry out the proper functions of the agency;
2. The accuracy of the agencyâs estimate of the information collection burden;
3. The quality, utility, and clarity of the information to be collected; and
4. Recommendations to minimize the information collection burden on the affected public, including automated collection techniques.
OCR has adjusted the estimated respondent burden in this request to reflect revised assumptions based on updated information available at the time of the final ruleâs publication. This revision resulted in adjusted cost estimates that are consistent with the RIA presented in the final rule. The estimates covered the employeesâ time for reviewing and completing the collections required.
In terms of the burden to coordinate efforts to comply with and carry out the responsibilities under Section 1557 (§ 92.7): No changes were made to estimated personnel or staff time or to the assumption that administrative or clerical support personnel would perform these functions. The mean hourly wage for this occupation, however, has increased to $19.02 per hour, which we double to account for overhead and other indirect costs. The Department estimates the number of covered entities with more than 15 employees to be approximately 15 percent or 63,950. Although we estimate the costs of retaining records related to grievances filed at all covered entities would be $24.3 million annually (($19.02 x 2) x 10 x 63,950)), this estimation approach will overstate the costs if many covered entities already retain complaint information.
In terms of the burden for documenting employee training as required under § 92.9(c): No changes were made to the estimated personnel or staff time or to the estimate that administrative or clerical support personnel would perform these functions. The mean hourly wage for this occupation, however, increased to $19.02 per hour. The estimated labor cost of documenting employee training would be $12.6 million in the first year (($19.02 x 2) x 1.25 x 266,297 covered entities). We estimate that the cost in subsequent years would be $10.1 million, which would represent an annual allotment of one (1) hour ((($19.02 x 2) x 1) x 266,297 covered entities).
In terms of the burden related to Notices of Nondiscrimination (§ 92.10) and Notices of Availability of Language Assistance Services and Auxiliary Aids and Services (§ 92.11): Because it is difficult to determine the exact number of communications that would be required to contain the notices anticipated under the 2022 NPRM, our cost estimates reflect a wide range of uncertainty in the cost. OCR notes that the majority of associated costs for these requirements are from the materials, such as paper and ink, used in the notices and these costs are assumed to vary with the length of notices. No changes were made to the estimate that administrative or clerical support personnel would perform these functions. The estimated personnel and staff time, however, increased to 1.34 hours per year to perform these functions. The mean hourly wage for this occupation increased to $19.02 per hour, which we double to account for overhead and other indirect costs. The estimated labor cost to notify the public of their nondiscrimination requirements, as well as availability of language assistance services and auxiliary aids and services, would be $13.5 million (($19.02 x 2) x 1.34) x 266,297 covered entities). The Department estimates the total associated costs for these requirements as an adjusted annual total of $53.2 million, with a range of costs between $35.5 million and $292.6 million. These costs would occur in each year of the time horizon of the analysis.
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.
2024_05_07_Section 1557_Supporting Statement_Information Collection Requirements.docx
Notice Requirements