Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers (CMS-10592)

Forms and Documents

Document Name	Status
CMS-10592 - Supporting Statement - OMBv2.rtf Supporting Statement A	2020-08-03

IC Document Collections

IC ID	Document Title	Status
242970	Issuer Surveys	New
242967	Non-certification and decertification of QHPs	New
242963	Termination of coverage or enrollment for qualified individuals.	New
242959	Enrollment of qualified individuals into QHPs	New
226172	Qualified Health Plan Minimum Certification Standards	Modified

ICR Details

OMB Control No: 0938-1341	ICR Reference No: 202007-0938-013
Status: Received in OIRA	Previous ICR Reference No: 201703-0938-016
Agency/Subagency: HHS/CMS	Agency Tracking No: CCIIO
Title: Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers (CMS-10592)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/03/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	1,013	1,200
Time Burden (Hours)	122,981	104,800
Cost Burden (Dollars)	0	0

---

Abstract: Section 1321(a) requires HHS to issue regulations setting standards for meeting the requirements under Title I of the Affordable Care Act including the offering of qualified health plans through the Marketplaces. On March 27, 2012, HHS published the rule CMS-9989-F: Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers. The Exchange rule contains provisions that mandate reporting and data collections necessary to ensure that health insurance issuers are meeting the requirements of the Affordable Care Act. These information collection requirements are set forth in 45 CFR Part 156. The data collection and reporting requirements will assist HHS in creating a seamless and coordinated system of eligibility and enrollment. The data collected by health insurance issuers will help to inform HHS, Marketplaces, and health insurance issuers as to the participation of individuals, employers, and employees in the individual Exchange.

---

Authorizing Statute(s): US Code: 45 USC 260(b) Name of Law: Affordable Care Act; Enrollment periods for qualified individuals.
  

Citations for New Statutory Requirements: US Code: 45 USC 260(b) Name of Law: Affordable Care Act; Enrollment periods for qualified individuals.

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 19487	04/07/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 46122	07/31/2020
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
Enrollment of qualified individuals into QHPs
Termination of coverage or enrollment for qualified individuals.
Non-certification and decertification of QHPs
Issuer Surveys
Qualified Health Plan Minimum Certification Standards

---

ICR Summary of Burden

	Total Request	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	1,013	1,200	0	0	-187	0
Annual Time Burden (Hours)	122,981	104,800	0	0	18,181	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: There is a total burden hour increase of 18,181 hours (from 104,800 to 122,981) because there are more QHP issuers participating in the Exchanges. There was an increase is due to the additional requirement for QHP Issuers to complete periodic surveys from the Exchanges.

---

Annual Cost to Federal Government: $150,878

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

---

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: 08/03/2020

---