Supporting Statement for Agent/Broker Consent Information Collection (CMS-10840)

Forms and Documents

Document Name	Status
Form CMS-10840 Agent/Broker Eligibility and Consent Records Form and Instruction	Modified
Form CMS-10840 Agent/Broker Eligibility and Consent Documentation Form	Modified
CMS-10840_Agent-Broker_Consent_Supporting_Statementf.docx Supporting Statement A	2024-12-10

IC Document Collections

IC ID	Document Title	Status
259918	Agent/Broker Eligibility and Consent Records Form and Instruction	Modified
257714	Agent/Broker Eligibility and Consent Documentation Form	Modified

ICR Details

OMB Control No: 0938-1438	ICR Reference No: 202412-0938-007
Status: Received in OIRA	Previous ICR Reference No: 202304-0938-025
Agency/Subagency: HHS/CMS	Agency Tracking No: CCIIO
Title: Supporting Statement for Agent/Broker Consent Information Collection (CMS-10840)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/11/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2026
Responses	9,800,600	4,948,029
Time Burden (Hours)	1,666,601	841,385
Cost Burden (Dollars)	52,268,080	26,388,358

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Abstract: The Patient Protection and Affordable Care Act, Public Law 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act, Public Law 111-152, enacted on March 30, 2010 (collectively, “Affordable Care Act”), expanded access to health insurance for individuals and employees of small businesses through the establishment of new Affordable Insurance Exchanges (Exchanges), also called Marketplaces. The Exchanges, which became operational on January 1, 2014, enhance competition in the health insurance market, expand access to affordable health insurance for millions of Americans, and provide consumers with a place to easily compare and shop for health insurance coverage. Section 1312(e) of the Affordable Care Act directs the Secretary of the Department of Health and Human Services (HHS) to establish procedures under which a state may permit agents and brokers to enroll qualified individuals and employers into qualified health plans (QHPs) offered through an Exchange and to enable these agents and brokers to assist individuals in applying for advance payments of the premium tax credit and cost-sharing reductions. Authority for collection of this information comes from 45 C.F.R. §155.220(c)(5), which states that “HHS or its designee may periodically monitor and audit an agent, broker, or web-broker under this subpart to assess its compliance with the applicable requirements of this section.” This information collection specifically details what information will be required to be collected and maintained by agents, brokers, and web-brokers were they to receive a request from HHS for consent records. Currently, HHS only plans to collect information from a small percentage of agents, brokers, or web-brokers in conjunction with active investigations of potential fraud. Utilizing §155.220(c)(5) and the information to be collected under newly proposed §§ 155.220(j)(2)(ii)(A)(1-2) and 155.220(j)(2)(iii)(A-C), HHS will be able to verify whether or not an agent, broker, or web-broker has obtained consent from a consumer they are assisting in enrolling in coverage in the individual market, and whether the consumer has reviewed their eligibility information and confirmed its accuracy.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 1312 Name of Law: Patient Protection and Affordable Care Act
   US Code: 45 USC 155.220 Name of Law: Exchange Establishment Standards and Other Related Standards under the Affordable Care Act
  

Citations for New Statutory Requirements: US Code: 45 USC 155.220 Name of Law: Exchange Establishment Standards and Other Related Standards under the Affordable Care Act
PL: Pub.L. 111 - 148 1312 Name of Law: Patient Protection and Affordable Care Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0938-AV41	Proposed rulemaking	89 FR 82308	10/10/2024

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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
Agent/Broker Eligibility and Consent Documentation	CMS-10840	CMS Model Consent Form for Marketplace Agents and Brokers
Agent/Broker Eligibility and Consent Records	CMS-10840	Agent Broker Consent Form

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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	9,800,600	4,948,029	0	4,852,091	480	0
Annual Time Burden (Hours)	1,666,601	841,385	0	824,856	360	0
Annual Cost Burden (Dollars)	52,268,080	26,388,358	0	25,861,645	18,077	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an overall increase in the financial burden from the 2023 PRA package. The number of agents, brokers, or web-brokers that will produce retained records in limited circumstances related to fraud investigation or agency audits increased from 120 to 600, which is an increase of 480 agents, brokers, or web-brokers. Based on PY 2023 data, the number of policies submitted by agents increased from 4,947,909 to 9,800,000 policies, which is an increase of 4,852,091 policies. Lastly, an increase in labor costs contributed to the increase in burden costs. The total annual burden hours increased from 841,385 hours to 1,666,000, which is an increase of 824,615 hours. The estimated annual cost increased from $56,125,291.26 to $94,702,080, which is an increase of $38,576,788.74.

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Annual Cost to Federal Government: $68,142

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: 12/11/2024

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