View Information Collection Request (ICR) Package

OMB Control No: 1210-0150	ICR Reference No: 202207-1210-003
Status: Historical Inactive	Previous ICR Reference No: 202108-1210-009
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Coverage of Certain Preventive Services under the Affordable Care Act—Private Sector
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 04/03/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/02/2023
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2024	36 Months From Approved	11/30/2024
Responses	777,363	0	777,363
Time Burden (Hours)	181	0	181
Cost Burden (Dollars)	194,963	0	194,963

Abstract: The 2023 proposed rules would amend regulations regarding coverage of certain preventive services under the Patient Protection and Affordable Care Act, which requires non-grandfathered group health plans and non-grandfathered group or individual health insurance coverage to cover certain contraceptive services without cost sharing. Current regulations establish exemptions and optional accommodations for entities and individuals with religious or moral objections to coverage of contraceptive services. These proposed rules would rescind the moral exemption rule. These proposed rules would establish a new, individual contraceptive arrangement that individuals enrolled in plans or coverage sponsored, arranged, or provided by objecting entities may voluntarily use to access contraceptive services without cost sharing. Under the individual contraceptive arrangement, such individuals would confirm to a provider of contraceptive services (that agrees to meet certain criteria) that they are enrolled in a group health plan or group or individual health insurance coverage sponsored, provided, or arranged by an objecting entity that does not provide coverage for all or a subset of contraceptive services. The individual may make this confirmation by producing a summary of benefits or through other methods, such as by providing an attestation through the Confirmation Eligibility for the Individual Contraceptive Agreement.

Authorizing Statute(s): US Code: 29 USC 1185b Name of Law: Employee Retirement Income Security Act of 1974

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1210-AC13	Proposed rulemaking	88 FR 7236	02/02/2023

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to: Changing Regulations

Short Statement: The proposed rules would amend regulations regarding coverage of certain preventive services under the Patient Protection and Affordable Care Act, which requires non-grandfathered group health plans and non-grandfathered group or individual health insurance coverage to cover certain contraceptive services without cost sharing. Current regulations establish exemptions and optional accommodations for entities and individuals with religious or moral objections to coverage of contraceptive services. These proposed rules would rescind the moral exemption rule. These proposed rules would establish a new, individual contraceptive arrangement that individuals enrolled in health plans sponsored, arranged, or provided by objecting entities may voluntarily use to access contraceptive services without cost sharing. The accommodation rules in effect permit an eligible organization to revoke its use of the accommodation process. The Departments expect that entities that wished to revoke the accommodation process and use the exemption instead have already sent out the required, one-time notice, and that no additional entities will avail themselves of the accommodation process. Therefore, no new entities are expected to use the Notice of Revocation going forward and the instrument has been removed from the ICR. Finally, the ICR also reflects updated labor costs and mailing costs.

Annual Cost to Federal Government: $0

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

Agency Contact: James Butikofer 202 693-8434 Butikofer.James@dol.gov

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