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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:
0938-1147
ICR Reference No:
202306-0938-010
Status:
Historical Inactive
Previous ICR Reference No:
202203-0938-015
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CMCS
Title:
Medicaid Program; Eligibility Changes under the Affordable Care Act of 2010 (CMS-10410)
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:
08/30/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/12/2023
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
10/31/2025
36 Months From Approved
10/31/2025
Responses
76,500,218
0
76,500,218
Time Burden (Hours)
21,266,302
0
21,266,302
Cost Burden (Dollars)
0
0
0
Abstract:
The Patient Protection and Affordable Care Act (Pub. L. 111-148, enacted on March 23, 2010) as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152, enacted on March 30, 2010) are collectively referred to as the Affordable Care Act. The Affordable Care Act expands access to insurance affordability programs through improvements in Medicaid eligibility, enrollment simplification, the establishment of Affordable Insurance Exchanges ("Exchanges"), and coordination between Medicaid, the Children's Health Insurance Program (CHIP), and Exchanges. Relevant to this Statement, the Affordable Care Act promotes a high level of coordination, simplification, and data sharing among State and Federal agencies for the purpose of a seamless and streamlined eligibility system. The Affordable Care Act allows for significant use of Web-based technology to provide information to the public and facilitate application and renewal functions. It creates a "no wrong door" approach to insurance affordability programs so that individuals will not have to apply to multiple programs. Nor will they have to repeat the application process if they initially apply to a program for which they are not ultimately determined eligible. It also provides a simplified process for maintaining coverage through a streamlined renewal process. The provisions of the Affordable Care Act relevant to this Statement are effective January 1, 2014. The proposed requirements for the collection and reporting of information and recordkeeping (collectively known as information collections) generally relate to ensuring data sharing and coordination among State and Federal agencies, recordkeeping efforts among State agencies, and the development of Web-based systems and notices in support of the implementation of the Affordable Care Act.
Authorizing Statute(s):
PL:
Pub.L. 111 - 148 1414
Name of Law: Patient Protection and Affordable Care Act
PL:
Pub.L. 111 - 148 2002
Name of Law: Patient Protection and Affordable Care Act
PL:
Pub.L. 111 - 148 2101
Name of Law: Patient Protection and Affordable Care Act
PL:
Pub.L. 111 - 148 2201
Name of Law: Patient Protection and Affordable Care Act
Statute at Large:
19 Stat. 1902
PL:
Pub.L. 111 - 148 2001
Name of Law: Affordable Care Act
Statute at Large:
21 Stat. 2102
PL:
Pub.L. 111 - 148 1413
Name of Law: Patient Protection and Affordable Care Act
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 148 2002 Name of Law: Patient Protection and Affordable Care Act
PL: Pub.L. 111 - 148 2201 Name of Law: Patient Protection and Affordable Care Act
Statute at Large: 19 Stat. 1902
Statute at Large: 21 Stat. 2102
PL: Pub.L. 111 - 148 1414 Name of Law: Patient Protection and Affordable Care Act
PL: Pub.L. 111 - 148 1413 Name of Law: Patient Protection and Affordable Care Act
PL: Pub.L. 111 - 148 2101 Name of Law: Patient Protection and Affordable Care Act
PL: Pub.L. 111 - 148 2001 Name of Law: Affordable Care Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0938-AV23
Proposed rulemaking
88 FR 25313
04/26/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
5
IC Title
Form No.
Form Name
CHIPRA 214 Option (§§ 435.4 and 457.320(c))
Periodic Renewal of Medicaid and CHIP Eligibility - Eligibility Notice (sections 435.916, 457.343, and 457.350)
Periodic Renewal of Medicaid and CHIP Eligibility - Pre-Populated Renewal Form (sections 435.916, 457.343, and 457.350)
Periodic Renewal of Medicaid and CHIP Eligibility - Recordkeeping (sections 435.916, 457.343, and 457.350)
Web Sites (sections 435.1200 and 457.335)
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:
As a result of the change in definition to “lawfully present” as proposed in CMS-9894-P, burden hours are increasing by 4,101 (from 21,266,302 to 21,270,403). States will be required to develop and code the changes to its Medicaid or CHIP eligibility systems to correctly evaluate and verify eligibility under the expanded definition. In addition, current CMS Medicaid and CHIP SPA templates require the exclusion of the DACA populations. We are evaluating whether we would require all states that have elected the CHIPRA 214 option to submit SPAs for Medicaid and CHIP in order to document the proposed regulation changes to the definition of lawfully present in their state plans.
Annual Cost to Federal Government:
$233,209,260
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:
Mitch Bryman 410 786-5258 Mitch.Bryman@cms.hhs.gov
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:
07/12/2023
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