Affordable Care Act Advance Notice of Rescission

ICR 202203-1210-003

OMB: 1210-0141

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2022-03-25
IC Document Collections
IC ID
Document
Title
Status
193289
Modified
ICR Details
1210-0141 202203-1210-003
Received in OIRA 201902-1210-005
DOL/EBSA
Affordable Care Act Advance Notice of Rescission
Extension without change of a currently approved collection   No
Regular 04/07/2022
  Requested Previously Approved
36 Months From Approved 05/31/2022
1,744 1,504
19 18
230 196

The Patient Protection and Affordable Care Act (the Affordable Care Act) was enacted on March 23, 2010. Section 2712 of the PHS Act, as added by the Affordable Care Act, and the Department's final regulation (26 CFR 54.9815-2712, 29 CFR 2590.715-2712, 45 CFR 147.2712) provides rules regarding rescissions of health coverage for group health plans and health insurance issuers offering group or individual health insurance coverage. Under the statute and the final regulations, a group health plan, or a health insurance issuer offering group or individual health insurance coverage, generally must not rescind coverage except in the case of fraud or an intentional misrepresentation of a material fact. This standard applies to all rescissions, whether in the group or individual insurance market, or self-insured coverage. These rules also apply regardless of any contestability period of the plan or issuer. PHS Act section 2712 adds a new advance notice requirement when coverage is rescinded where still permissible. Specifically, the second sentence in section 2712 provides that coverage may not be cancelled unless prior notice is provided, and then only as permitted under PHS Act sections 2702(c) and 2742(b). Under the final regulations, even if prior notice is provided, rescission is only permitted in cases of fraud or an intentional misrepresentation of a material fact as permitted under the cited provisions

PL: Pub.L. 111 - 148 1001 Name of Law: Affordable Care Act
  
None

Not associated with rulemaking

  86 FR 70866 12/13/2021
87 FR 20468 04/07/2022
No

1
IC Title Form No. Form Name
Affordable Care Act Rescission Notice

  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 1,744 1,504 0 0 240 0
Annual Time Burden (Hours) 19 18 0 0 1 0
Annual Cost Burden (Dollars) 230 196 0 0 34 0
No
No
This ICR contains no program changes. Adjustments to the burden estimates result from updated estimates on the average number of participants in small plans, an increase in the share of notices assumed to be transmitted electronically, and increases in wage and postage rates. These updated data inputs increase the hour burden by one hour compared with the prior submission and increase the cost burden by $34 compared with the prior submission.

$0
No
    No
    No
Yes
No
No
No
James Butikofer 202 693-8434 Butikofer.James@dol.gov

  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:
 
 
 
 
 
 
 
    (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.
04/07/2022


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