Coverage of Certain
Preventive Services under the Affordable Care Act—Private
Sector
Extension without change of a currently approved collection
No
Regular
10/08/2024
Requested
Previously Approved
36 Months From Approved
11/30/2024
595,312
777,363
72
181
181,222
194,963
The Patient Protection and Affordable
Care Act, Public Law 111-148, (the Affordable Care Act) was enacted
on March 23, 2010 and amended by the Health Care and Education
Reconciliation Act of 2010, Public Law 111-152 on March 30, 2010.
The Affordable Care Act added section 2713 to the Public Health
Service (PHS) Act and incorporated this provision into ERISA and
the Code. The Departments of Health and Human Services, Labor, and
Treasury first published interim final rules on July 19, 2010,
which implements the requirements of PHS Act section 2713,
including the requirement that non-grandfathered group health
insurance coverage to provide benefits for certain preventive
services without cost sharing, including benefits for certain
women's preventive health services as provided for in comprehensive
guidelines supported by the Health Resources and Services
Administration. The Departments subsequently published regulations
establishing an exemption for certain religious objectors with
respect to the requirement to cover contraception pursuant to
comprehensive guidelines supported by HRSA. In 2013, the Department
issued final rules, which clarified the definition of religious
employer for purposes of the religious employer exemption and also
provided accommodations for health coverage established or
maintained or arranged by certain nonprofit religious organizations
with religious objections to contraceptive services (eligible
organizations). The 2018 final rules expanded the exemption to
include additional entities (any kind of employer) and persons that
object based on religious beliefs or moral convictions objecting to
contraceptive or sterilization coverage, and by making the
accommodation compliance process optional for eligible
organizations instead of mandatory. The regulations contain the
following collections of information. First, each organization
seeking to be treated as an eligible organization for the optional
accommodation process offered under the regulation must either
notify an issuer or third-party administrator using the EBSA Form
700 method of self-certification or provide notice to HHS of its
religious or moral objection to coverage of all or a subset of
contraceptive services. Second, a health insurance issuer or
third-party administrator providing or arranging separate payments
for contraceptive services for participants and beneficiaries in
insured plans (or student enrollees and covered dependents in
student health insurance coverage) of eligible organizations is
required to provide a written notice to plan participants and
beneficiaries (or student enrollees and covered dependents)
informing them of the availability of such payments. The notice
must be separate from but, contemporaneous with (to the extent
possible) any application materials distributed in connection with
enrollment (or re-enrollment) in group or student coverage of the
eligible organization in any plan year to which the accommodation
is to apply and will be provided annually. To satisfy the notice
requirement, issuers may, but are not required to, use the model
language set forth in the 2018 final rules or substantially similar
language. Third, an eligible organization may also revoke its use
of the accommodation process and must provide participants and
beneficiaries written notice of such revocation as soon as
possible.
US Code:
29
USC 1185b Name of Law: Employee Retirement Income Security Act
of 1974
This ICR has updated data on
the labor costs, mailing costs, and the number of plan participants
and beneficiaries. The Department has also updated the percent of
notices that will be delivered electronically. Finally, this ICR
has removed the Notice of Revocation of Accommodation in the burden
estimation. As a result, the number of total responses has
decreased by 182,051 responses, and the hour burden has decreased
by 109 hours, and the cost burden has decreased by $13,741.
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.
Contraceptive SS 1210-0150 9-4-24 (clean).docx
30-day FRN (1210-0150) published.pdf
Notice of Revocation of Accommodation