The Patient Protection and Affordable
Care Act (the Affordable Care Act) was enacted by President Obama
on March 23, 2010. Section 2711 of the PHS Act, as added by the
Affordable Care Act, and the Departments interim final regulation
(29 CFR 2590.715-2711) The Affordable Care Act dependent coverage
enrollment opportunity notice is an information collection request
(ICR) subject to the PRA. Before the applicability date of PHS Act
section 2711, an individual may have met a lifetime limit under a
group health plan or health insurance coverage and therefore lost
coverage under the plan or coverage. When the provisions of PHS Act
section 2711 become applicable to the plan (or coverage), the plan
(or coverage) can no longer exclude coverage for the individual by
operation of the lifetime limit. Accordingly, the interim final
regulations (29 CFR 2590.715-2800) require plans to provide a
notice of an enrollment opportunity to an individual whose coverage
ended due to reaching a lifetime limit on the dollar value of all
benefits for any individual. The Affordable Care Act dependent
coverage enrollment opportunity notice is an information collection
request (ICR) subject to the PRA. The enrollment opportunity must
continue for at least 30 days, regardless of whether the plan or
coverage offers an open enrollment period and regardless of when
any open enrollment period might otherwise occur. This enrollment
opportunity must be presented not later than the first day of the
first plan year (or, in the individual market, policy year)
beginning on or after September 23, 2010 (which is the
applicability date of PHS Act sections 2714). Coverage must begin
not later than the first day of the first plan year (or policy year
in the individual market) beginning on or after September 23,
2010.
Please note that these
ICRs are being submitted under emergency ICR procedures, because it
is critical to provide the regulated community with immediate
guidance regarding compliance with ICRs associated with the
Affordable Care Act interim final regulations.
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:
(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;
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.
Affordable Care Act Enrollment Opportunity Notice -- Prohibition on Lifetime Limits