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OMB Control No: 0945-0011	ICR Reference No: 202404-0945-002
Status: Active	Previous ICR Reference No: 202208-0945-001
Agency/Subagency: HHS/OCR	Agency Tracking No:
Title: Nondiscrimination in Health Programs and Activities
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/11/2024
	Date Received in OIRA: 05/07/2024
Terms of Clearance: OMB is approving this information collection request for a period of three years during which time the agency will request approval to extend or revise the collection if the agency seeks to continue the information collection activity beyond the period approved under this action.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2027	36 Months From Approved
Responses	596,544	0	0
Time Burden (Hours)	1,329,209	0	0
Cost Burden (Dollars)	0	0	0

Abstract: The Office for Civil Rights Section 1557 final rule contains information collection requirements that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (“PRA”). Under the PRA, agencies are required to submit to OMB for review and approval any reporting or record-keeping requirements inherent in a proposed or final rule and are required to publish such proposed requirements for public comment. The PRA requires agencies to provide a 60-day notice in the Federal Register and solicit public comment on a proposed collection of information before it is submitted to OMB for review and approval. Under Section 3506(c)(2)(A) of the PRA, the Department solicited comment on the following issues: 1. Whether the information collection is necessary and useful to carry out the proper functions of the agency; 2. The accuracy of the agency’s estimate of the information collection burden; 3. The quality, utility, and clarity of the information to be collected; and 4. Recommendations to minimize the information collection burden on the affected public, including automated collection techniques.

Authorizing Statute(s): PL: Pub.L. 111 - 148 1557 Name of Law: Patient Protection and Affordable Care Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0945-AA17	Final or interim final rulemaking	89 FR 37522	05/06/2024

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 47824	08/04/2022
Did the Agency receive public comments on this ICR? Yes

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Documentation Requirements
Notice Requirements

ICR Summary of Burden

	Total Approved	Change Due to Agency Discretion
Annual Number of Responses	596,544	596,544
Annual Time Burden (Hours)	1,329,209	1,329,209
Annual Cost Burden (Dollars)	0	0

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: No

Burden Reduction Due to:

Short Statement: OCR has adjusted the estimated respondent burden in this request to reflect revised assumptions based on updated information available at the time of the final rule’s publication. This revision resulted in adjusted cost estimates that are consistent with the RIA presented in the final rule. The estimates covered the employees’ time for reviewing and completing the collections required. In terms of the burden to coordinate efforts to comply with and carry out the responsibilities under Section 1557 (§ 92.7): No changes were made to estimated personnel or staff time or to the assumption that administrative or clerical support personnel would perform these functions. The mean hourly wage for this occupation, however, has increased to $19.02 per hour, which we double to account for overhead and other indirect costs. The Department estimates the number of covered entities with more than 15 employees to be approximately 15 percent or 63,950. Although we estimate the costs of retaining records related to grievances filed at all covered entities would be $24.3 million annually (($19.02 x 2) x 10 x 63,950)), this estimation approach will overstate the costs if many covered entities already retain complaint information. In terms of the burden for documenting employee training as required under § 92.9(c): No changes were made to the estimated personnel or staff time or to the estimate that administrative or clerical support personnel would perform these functions. The mean hourly wage for this occupation, however, increased to $19.02 per hour. The estimated labor cost of documenting employee training would be $12.6 million in the first year (($19.02 x 2) x 1.25 x 266,297 covered entities). We estimate that the cost in subsequent years would be $10.1 million, which would represent an annual allotment of one (1) hour ((($19.02 x 2) x 1) x 266,297 covered entities). In terms of the burden related to Notices of Nondiscrimination (§ 92.10) and Notices of Availability of Language Assistance Services and Auxiliary Aids and Services (§ 92.11): Because it is difficult to determine the exact number of communications that would be required to contain the notices anticipated under the 2022 NPRM, our cost estimates reflect a wide range of uncertainty in the cost. OCR notes that the majority of associated costs for these requirements are from the materials, such as paper and ink, used in the notices and these costs are assumed to vary with the length of notices. No changes were made to the estimate that administrative or clerical support personnel would perform these functions. The estimated personnel and staff time, however, increased to 1.34 hours per year to perform these functions. The mean hourly wage for this occupation increased to $19.02 per hour, which we double to account for overhead and other indirect costs. The estimated labor cost to notify the public of their nondiscrimination requirements, as well as availability of language assistance services and auxiliary aids and services, would be $13.5 million (($19.02 x 2) x 1.34) x 266,297 covered entities). The Department estimates the total associated costs for these requirements as an adjusted annual total of $53.2 million, with a range of costs between $35.5 million and $292.6 million. These costs would occur in each year of the time horizon of the analysis.

Annual Cost to Federal Government: $108,800,000

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: Michael Worley 202 690-5654 michael.worley@hhs.gov

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