View Information Collection Request (ICR) Package
Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
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:
0938-0702
ICR Reference No:
202409-0938-012
Status:
Historical Inactive
Previous ICR Reference No:
202210-0938-005
Agency/Subagency:
HHS/CMS
Agency Tracking No:
CCIIO
Title:
Compliance with Individual and Group Market Reforms under Title XXVII of the Public Health Service Act (CMS-10430)
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:
06/16/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/06/2024
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 OIRA 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
11/30/2025
36 Months From Approved
12/31/2025
Responses
51,385
0
51,385
Time Burden (Hours)
1,786
0
1,786
Cost Burden (Dollars)
0
0
0
Abstract:
Sections 2723 and 2761 of the Public Health Service Act (PHS Act) direct the Centers for Medicare and Medicaid Services (CMS) to enforce a provision (or provisions) of title XXVII of the PHS Act (including the implementing regulations in parts 144, 146, 147, and 148 of title 45 of the Code of Federal Regulations) with respect to health insurance issuers when a state has notified CMS that it has not enacted legislation to enforce or that it is not otherwise enforcing a provision (or provisions) of the group and individual market reforms with respect to health insurance issuers, or when CMS has determined that a state is not substantially enforcing one or more of those provisions. This collection of information includes requirements that are necessary for CMS to conduct compliance review activities.
Authorizing Statute(s):
PL:
Pub.L. 111 - 148 Title I
Name of Law: Affordable Care Act
US Code:
42 USC 300gg-23
Name of Law: Individual and Group Market Reforms
US Code:
42 USC 241
Name of Law: Research and investigations generally
PL:
Pub.L. 105 - 277 Title IX
Name of Law: The Women's Health and Cancer Rights Act of 1998
PL:
Pub.L. 104 - 204 Title VI
Name of Law: Newborns' and Mothers' Health Protection Act of 1996
PL:
Pub.L. 104 - 191 Title I
Name of Law: Health Insurance Portability and Accountability Act of 1996 (HIPAA)
PL:
Pub.L. 110 - 343 Title V
Name of Law: Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008
PL:
Pub.L. 110 - 223 Title I
Name of Law: Genetic Information Nondiscrimination Act of 2008
US Code:
42 USC 300gg-61
Name of Law: Individual Market Rules
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0938-AU93
Proposed rulemaking
88 FR 51552
08/03/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Information Collection Requirements for Compliance with Individual and Group Market Reforms under Title XXVII of the Public Health Service Act
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:
The estimated burden related to the Federal collection and review of issuers’ form filings has increased by 812 hours (from 329 hours to 1,141 hours) due to an increase in the number of issuers submitting forms for CMS’ review (from 47 in 2021 to 163 in 2024). The estimated burden related to the issuer disclosure to small employers has decreased by 38 hours (from 682 hours to 644 hours) due to a decrease in the estimated number of issuers in the small group market (from 341 to 322). The estimated burden related to opt-out notices has decreased by 152 hours (from 175 hours to 23 hours) due to a decrease in the estimated number of plans opting out (from 350 to 46). Therefore, total burden hours have increased by 622 hours (from 1,786 to 2,408).
Annual Cost to Federal Government:
$3,788,899
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:
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:
11/06/2024
An official website of the United States government
The .gov means it's official.
The site is secure.
