REG-120399-10 - Affordable Care Act Notice of Rescission

OMB Control No: 1545-2180	ICR Reference No: 201006-1545-036
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: REG-120399-10 - Affordable Care Act Notice of Rescission
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/18/2010
OIRA Conclusion Action: Preapproved	Conclusion Date: 06/18/2010
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/18/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2010	6 Months From Approved
Responses	800	0	0
Time Burden (Hours)	25	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This document contains interim final regulations implementing the rules for group health plans and health insurance coverage in the group and individual markets under provisions of the Affordable Care Act regarding preexisting condition exclusions, lifetime and annual dollar limits on benefits, rescissions, prohibition on discrimination in favor of highly compensated individuals, and patient protections.

Emergency Justfication: New statute with imminent applicability. These interim final regulations are effective 60 days from release.

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Authorizing Statute(s): PL: Pub.L. 111 - 148 2712 Name of Law: Affordable Care Act    PL: Pub.L. 111 - 152 1001 Name of Law: Health Care and Education Reconciliation Act

Citations for New Statutory Requirements: PL: Pub.L. 111 - 148 2712 Name of Law: Affordable Care Act PL: Pub.L. 111 - 152 1001 Name of Law: Health Care and Education Reconciliation Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1545-BJ61	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Affordable Care Act Notice of Rescission

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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	800	0	800	0	0	0
Annual Time Burden (Hours)	25	0	25	0	0	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: The Departments assume that rescissions are rare in the group market and that small group health plans are affected by rescissions. The Departments assume that 100 small group health plan policies are rescinded in a year. The Departments estimate that there is an average of 16 participants in each group policy rescineded . Based on these numbers the Departments estimate that policies for approximately 1,600 individuals are rescinded during a year, which would result in 1,600 notices being sent to affected participants. The Departments estimate that 15 minutes of legal professional time would be required by the insurers of the 100 plans to prepare the notice and one minute per notice of clerical time would be required to distribute the notice. This results in an hour burden of approximately 50 hours (25 to DOL and 25 to IRS).

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Annual Cost to Federal Government: $400

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Russell Weinheimer 202 622-6080

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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: 06/18/2010

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