View Information Collection Request (ICR) Package

OMB Control No: 1210-0138	ICR Reference No: 202405-1210-001
Status: Active	Previous ICR Reference No: 202305-1210-003
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Mental Health Parity and Addiction Equity Act of 2008 Notices
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/16/2024
	Date Received in OIRA: 09/23/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2027	36 Months From Approved	12/31/2024
Responses	1,436,941	0	1,413,420
Time Burden (Hours)	707,951	0	3,127,677
Cost Burden (Dollars)	1,651,695	0	330,779

Abstract: The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) was enacted on October 3, 2008 as sections 511 and 512 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (Division C of Public Law 110-343). MHPAEA amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHS Act), and the Internal Revenue Code of 1986 (Code). In 1996, Congress enacted the Mental Health Parity Act of 1996, which required parity in aggregate lifetime and annual dollar limits for mental health benefits and medical and surgical benefits. Those mental health parity provisions were codified in section 712 of ERISA, section 2705 of the PHS Act, and section 9812 of the Code. The changes made by MHPAEA are codified in these same sections and consist of new requirements as well as amendments to several of the existing mental health parity provisions applicable to group health plans and health insurance coverage offered in connection with a group health plan. MHPAEA and the interim final regulations do not apply to small employers who have between two and 50 employees. The changes made by MHPAEA are generally effective for plan years beginning after October 3, 2009. MHPAEA and the final regulations (29 CFR 2590.712(d)) require plan administrators to disclose the criteria for medical necessity determinations with respect to mental health and substance use disorder benefits. These third-party disclosures are information collection requests for purposes of the Paperwork Reduction Act. In response to provisions of the Cures Act requires the Departments of Labor (DOL), Health and Human Services, and the Treasury (collectively, the Departments), are providing a model form that participants, enrollees, or their authorized representatives could use to request information from their health plan or issuer regarding NQTLs that may affect their MH/SUD benefits, or to obtain documentation after an adverse benefit determination involving MH/SUD benefits to support an appeal.

Authorizing Statute(s): US Code: 42 USC 300gg-5 Name of Law: Public Health Service Act
   US Code: 29 USC 1185a Name of Law: Employee Retirement Income Security Act of 1974
   PL: Pub.L. 116 - 260 203 Name of Law: The Consolidated Appropriations Act of 2021
   US Code: 26 USC 9812 Name of Law: Internal Revenue Code of 1986

Citations for New Statutory Requirements: PL: Pub.L. 116 - 260 203 Name of Law: The Consolidated Appropriations Act of 2021

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1210-AC11	Final or interim final rulemaking	89 FR 77586	09/23/2024

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	1,436,941	1,413,420	23,521
Annual Time Burden (Hours)	707,951	3,127,677	-2,419,726
Annual Cost Burden (Dollars)	1,651,695	330,779	1,320,916

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: These final rules amend the regulations implementing MHPAEA and add new regulations implementing the NQTL comparative analyses requirements under MHPAEA, as amended by the CAA, 2021. Specifically, these final rules amend the existing NQTL standard to prohibit plans and issuers from using NQTLs to place greater restrictions on access to mental health and substance use disorder benefits as compared to medical/surgical benefits. In addition, the data inputs, mailing costs, and wage rates have been updated. As a result, the number of responses has decreased by 23,521, the hour burden has decreased by 2,419,726 hours, and the cost burden has increased by $1,320,916.

Annual Cost to Federal Government: $24,598,080

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

View ICR - OIRA Conclusion