Medical Loss Ratio Annual Reports, MLR Notices, and Recordkeeping Requirements (CMS-10418)

Forms and Documents

Document Name	Status
Form CMS-10418 Notice of Rebate to Enrollees Form	Modified
Form CMS-10418 Annual MLR Report Form and Instruction	Unchanged
CMS-10418 Justification for Non-Material Change.docx Justification for No Material/Nonsubstantive Change	2020-06-16
MLR PRA Package Supporting Statement TRACK CHANGE.docx Supplementary Document	2020-06-08
MLR Notice Instructions Optional-A-B Track Change.docx Supplementary Document	2020-06-08
MLR Notice 1 Individual Market - to Subscribers Optional-B Track Change.docx Supplementary Document	2020-06-08
MLR Notice 1 Individual Market - to Subscribers Optional-A Track Change.docx Supplementary Document	2020-06-08
MLR PRA Package Supporting Statement.docx Supporting Statement A	2020-06-08

IC Document Collections

IC ID	Document Title	Status
201985	Retention of Records	Unchanged
201983	Notice of Rebate to Enrollees Form	Modified
201982	Disbursement of Rebate Checks	Unchanged
201981	Annual MLR Report Form and Instruction	Unchanged

ICR Details

OMB Control No: 0938-1164	ICR Reference No: 202006-0938-009
Status: Historical Active	Previous ICR Reference No: 201707-0938-016
Agency/Subagency: HHS/CMS	Agency Tracking No: CCIIO
Title: Medical Loss Ratio Annual Reports, MLR Notices, and Recordkeeping Requirements (CMS-10418)
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/19/2020
	Date Received in OIRA: 06/16/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2020	10/31/2020	10/31/2020
Responses	3,918,408	0	3,918,408
Time Burden (Hours)	201,422	0	200,597
Cost Burden (Dollars)	0	0	0

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Abstract: Section 2718 of the PHS Act and its implementing regulation requires health insurance issuers (issuers) offering group or individual health insurance coverage to submit an annual report to the Secretary of the Department of Health and Human Services concerning the amount the issuer spends each year on claims, quality improvement expenses, non-claims costs, Federal and State taxes, licensing and regulatory fees, the amount of earned premium for the reporting year, its medical loss ratio and any rebate it may owe to subscribers. In addition, the implementing regulation requires issuers to maintain all documents and other evidence which support the data that is provided in an issuer's annual report to the Secretary.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 2718 Name of Law: Public Health Service Act
   PL: Pub.L. 111 - 148 1001(5) Name of Law: Bringing down the cost of health care coverage
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 20481	05/02/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 34675	07/26/2017
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Notice of Rebate to Enrollees	CMS-10418, CMS-10418, CMS-10418, CMS-10418	MLR Notice 1 - Individual Market to Subscribers ,   MLR Notice 2 Group Markets - Rebate to Policyholder ,   MLR Notice 3 - Group Markets - Rebate to Subscribers ,   MLR Notice Individual Market to Subscribers Optional B
Annual MLR Report	CMS-10418, CMS-10418, CMS-10418	MLR Reporting Form ,   MLR Form Instructions ,   Risk Corridors Plan Level Form
Disbursement of Rebate Checks
Retention of Records

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,918,408	3,918,408	0	0	0	0
Annual Time Burden (Hours)	201,422	200,597	0	0	825	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: We are proposing non-substantive changes to the ICRs to revise the average burden of sending the notices and rebates to account for the potential additional burden that may be incurred by issuers that choose to split the payment of rebates into two installments in 2020 under the CMS temporary policy of relaxed enforcement, and may therefore need to send rebates and notices to enrollees twice instead of once in 2020. It is estimated that there will be an increase in total burden from 200,597 to 201,422.

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Annual Cost to Federal Government: $119,363

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? Yes

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Common Form ICR:  No

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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: 06/16/2020

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