Information Collection Requirements for Non-Exchange Entities (CMS-10666)

Forms and Documents

Document Name	Status
CMS-10666-Supporting_Statementf.pdf Supporting Statement A	2026-02-06

IC Document Collections

IC ID	Document Title	Status
251080	Web-Brokers and QHP Issuers - Request to Deviate	Modified
226005	Differential Display of Standardized Options on the Web Sites of Agents and Brokers and QHP Issuers Instruction	Modified

ICR Details

OMB Control No: 0938-1329	ICR Reference No: 202601-0938-010
Status: Received in OIRA	Previous ICR Reference No: 202206-0938-007
Agency/Subagency: HHS/CMS	Agency Tracking No: CCIIO
Title: Information Collection Requirements for Non-Exchange Entities (CMS-10666)
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/06/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	115	0
Time Burden (Hours)	215	0
Cost Burden (Dollars)	0	0

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Abstract: This Information Collection Request (ICR) serves as the formal request for a new data collection clearance associated with the HHS Notice of Benefit and Payment Parameters for 2023 Proposed Rule (2023 Proposed Payment Notice) regarding the authority to allow HHS to collect the necessary information to enable web-brokers and issuers using the Classic DE and EDE pathways to submit a request to deviate from the manner in which standardized options are differentially displayed on HealthCare.gov, if they so choose.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 1400(b) Name of Law: Patient Protection and Affordable Care Act of 2010
  

Citations for New Statutory Requirements: US Code: 45 USC 156.265 Name of Law: Enrollment process for qualified individuals

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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:
	90 FR 42587	09/03/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 2534	01/21/2026
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Web-Brokers and QHP Issuers - Request to Deviate
Differential Display of Standardized Options on the Web Sites of Agents and Brokers and QHP Issuers

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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	115	0	0	0	-50	165
Annual Time Burden (Hours)	215	0	0	0	-60	275
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 an overall decrease in the financial burden from the 2022 PRA package because of a reduction in the burden estimate for web-brokers and issuers utilizing the Classic DE and EDE pathways to differentially display standardized plan options consistent with the manner in which they are differentially displayed on HealthCare.gov in the current collection is lower. Specifically, the annual total burden estimate in the previous request was 275, while the annual total burden estimate in the proposed iteration of the collection is 215 hours. This reduction is primarily due to the lower number of entities subject to this requirement in the current collection. Specifically, in the previous PRA package, we estimated 110 entities would be subject to the standardized option differential display requirements and we propose 100 entities, which is a decrease of 10 entities. Additionally, we estimated 55 entities would submit a request to deviate from the manner in which standardized plan options are differentially displayed on HealthCare.gov and we propose 15 entities will submit such a request. This reduction of 40 entities is based on the last three years of our experience in this information collection.

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Annual Cost to Federal Government: $3,708

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

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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: 02/06/2026

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