Non-Quantitative Treatment Limitation Analyses and Compliance Under MHPAEA (CMS-10773)
Reinstatement with change of a previously approved collection
No
Regular
09/30/2026
table that charts list comparision
Requested
Previously Approved
36 Months From Approved
189,731
0
1,004,156
0
0
0
The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (P.L.110-343) generally requires that group health plans and group health insurance issuers offering mental health or substance use disorder (MH/SUD) benefits in addition to medical and surgical (med/surg) benefits do not apply any more restrictive financial requirements (e.g., co-pays, deductibles) and/or treatment limitations (e.g., visit limits, prior authorizations) to MH/SUD benefits than those requirements and/or limitations applied to substantially all med/surg benefits. The Patient Protection and Affordable Care Act, Pub. L. 111-148, was enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010, Pub. L. 111-152, was enacted on March 30, 2010. These statutes are collectively known as the âAffordable Care Act.â The Affordable Care Act extended MHPAEA to apply to the individual health insurance market. The Consolidated Appropriations Act of 2021 (the Appropriations Act) was enacted on December 27, 2020. The Appropriations Act amended MHPAEA, in part, by expressly requiring group health plans and health insurance issuers offering group or individual health insurance coverage that offer both medical/surgical benefits and MH/SUD benefits and that impose non-quantitative treatment limitations (NQTLs) on MH/SUD benefits to perform and document their comparative analyses of the design and application of NQTLs. Further, beginning 45 days after the date of enactment of the Appropriations Act, group health plans and health insurance issuers offering group or individual health insurance coverage must make their comparative analyses available to the Departments of Labor, Health and Human Services (HHS), and the Treasury or applicable state authorities, upon request. The Appropriations Act also requires the Secretary of HHS to submit to Congress, and make publicly available, an annual report on the conclusions of the reviews.
Although there was a decrease in the estimated number of issuers (from 1,553 to 1,467), the estimated burden related to the NQTL comparative analyses documentation and data requirements for issuers has increased by 327,933 hours (from 82,827 to 410,760). This is due to the new data requirements necessary to comply with the 2024 final rules. In contrast, due to a decrease in the assumed number of self-funded non-Federal governmental plans that will do their own comparative analysis, the estimated burden related to the NQTL comparative analyses documentation and data requirements for self-funded non-Federal governmental plans has decreased by approximately 353,027 hours (from 930,107 to 577,080). This is largely driven by the understanding that TPAs heavily support self-funded non-Federal governmental plan sponsors to meet the NQTL comparative analysis documentation and data requirements. The estimated burden to issuers and self-funded non-Federal governmental plans associated with the initial submission of comparative analyses has increased by 100 hours (from 0 to 100). The estimated burden to issuers and self-funded non-Federal governmental plans associated with the submission of additional documentation for comparative analyses has increased by 50 hours (from 50 to 100), due to an increase in the number of plans and issuers that are expected to submit additional documentation (from 10 to 20). Further, due to an increase in the estimated number of issuers and self-funded non-Federal governmental plans needing to complete corrective actions (from 8 to 18) to bring their NQTLs into compliance, the estimated burden related to corrective actions has increased by 520 hours (from 200 to 720). Additionally, there is a new burden to issuers and non-Federal governmental plans associated with consumer requests for comparative analyses (of approximately 7,696 hours). Lastly, there is a new burden to issuers and non-Federal governmental plans associated with the recordkeeping requirement in the 2024 final rules (of approximately 7,696 hours). Therefore, total burden hours have decreased by approximately 9,032 hours (from 1,013,185 to 1,004,153).
$2,000,000
No
No
No
Yes
No
No
No
Jamaa Hill 301 492-4190
Reginfo record details
No
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.
CMS-10773 Atttachment - Comment Summary 30d 7-25.pdf
CMS-10773 Supporting Statement 30day.docx
Consumer Requests for Comparative Analyses