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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0938-1164
ICR Reference No:
202011-0938-007
Status:
Active
Previous ICR Reference No:
202006-0938-009
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CCIIO
Title:
Medical Loss Ratio Annual Reports, MLR Notices, and Recordkeeping Requirements (CMS-10418)
Type of Information Collection:
Reinstatement without change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
07/21/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/13/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2024
36 Months From Approved
Responses
9,166,846
0
0
Time Burden (Hours)
232,427
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
Section 2718 of the PHS Act and its implementing regulation requires health insurance issuers (issuers) offering group or individual health insurance coverage to submit an annual report to the Secretary of the Department of Health and Human Services concerning the amount the issuer spends each year on claims, quality improvement expenses, non-claims costs, Federal and State taxes, licensing and regulatory fees, the amount of earned premium for the reporting year, its medical loss ratio and any rebate it may owe to subscribers. In addition, the implementing regulation requires issuers to maintain all documents and other evidence which support the data that is provided in an issuer's annual report to the Secretary.
Authorizing Statute(s):
PL:
Pub.L. 111 - 148 2718
Name of Law: Public Health Service Act
PL:
Pub.L. 111 - 148 1001(5)
Name of Law: Bringing down the cost of health care coverage
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
85 FR 16631
03/24/2020
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 49654
08/14/2020
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
Annual MLR Report
CMS-10418, CMS-10418, CMS-10418
MLR Reporting Form
,
MLR Form Instructions
,
Risk Corridors Plan Level Form
Notice of rebates to Subscribers and Policyholders
Private Company for Disbursement of checks
CMS-10418, CMS-10418, CMS-10418, CMS-10418
MLR Notice 1 - Individual Market to Subscribers
,
MLR Notice 2 Group Markets - Rebate to Policyholder
,
MLR Notice 3 - Group Markets - Rebate to Subscribers
,
MLR Notice Individual Market to Subscribers Optional B
Retention of Records
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
9,166,846
0
0
0
5,248,438
3,918,408
Annual Time Burden (Hours)
232,427
0
0
0
31,005
201,422
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:
Based upon CMS’ experience in the MLR data collection and evaluation process, CMS is updating its annual burden hour estimates to reflect the actual numbers of submissions, rebates and rebate notices. In 2020, it is expected that issuers will submit fewer reports on average, and on average send more notices and rebate checks to policyholders and subscribers, which will overall increase burden on issuers. In addition, issuers of qualified health plans no longer have to submit on the annual report the data for the risk corridors program established under section 1342 of the Patient Protection and Affordable Care Act, because that submission requirement no longer applies, which reduced the burden on issuers. It is estimated that there will be a net increase in total burden from 200,597 to 232,427. The annual report of MLR data for each reporting year is due to the Secretary by July 31 of the following year.
Annual Cost to Federal Government:
$117,162
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?
Yes
Agency Contact:
Jamaa Hill 301 492-4190
Common Form ICR:
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:
(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:
11/13/2020