Notice2021-25162
Agency Information Collection Activities; Request for Public Comment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2021
Issuing agencies
Labor DepartmentEmployee Benefits Security Administration
Abstract
The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration (EBSA) is soliciting comments on Patient Protection and Affordable Care Act Patient Protection Notice. A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice.
Full Text
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<title>Federal Register, Volume 86 Issue 220 (Thursday, November 18, 2021)</title>
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[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64528-64529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25162]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Agency Information Collection Activities; Request for Public
Comment
AGENCY: Employee Benefits Security Administration (EBSA), Department of
Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (the Department), in accordance with
the Paperwork Reduction Act of 1995 (PRA 95) provides the general
public and Federal agencies with an opportunity to comment on proposed
and continuing collections of information. This helps the Department
assess the impact of its information collection requirements and
minimize the reporting burden on the public and helps the public
understand the Department's information collection requirements and
provide the requested data in the desired format. Currently, the
Employee Benefits Security Administration (EBSA) is soliciting comments
on Patient Protection and Affordable Care Act Patient Protection
Notice. A copy of the information collection request (ICR) may be
obtained by contacting the office listed in the ADDRESSES section of
this notice.
DATES: Written comments must be submitted to the office shown in the
ADDRESSES section on or before January 18, 2022.
ADDRESSES: James Butikofer, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW, Room N- 5718,
Washington, DC 20210, or <a href="/cdn-cgi/l/email-protection#680d0a1b094607181a280c0704460f071e"><span class="__cf_email__" data-cfemail="e683849587c8899694a682898ac8818990">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Current Actions
This notice requests public comment pertaining to the Department's
request for extension of OMB's approval of the Application. After
considering comments received in response to this notice, the
Department intends to submit an ICR to OMB for continuing approval. No
change to the existing ICR is proposed or made at this time. The
Department notes that an agency may not conduct or sponsor, and a
person is not required to respond to, an
[[Page 64529]]
information collection unless it displays a valid OMB control number. A
summary of the ICR and the current burden estimates follows:
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Patient Protection and Affordable Care Act Patient
Protection Notice.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0142.
Affected Public: Business or other for-profit; Not-for-profit
institutions.
Respondents: 56,543.
Frequency of Responses: On occasion.
Responses: 256,262.
Estimated Total Burden Hours: 7,068.
Estimated Total Burden Cost (Operating and Maintenance): $3,203.
Description: The Patient Protection and Affordable Care Act (the
Affordable Care Act) was enacted on March 23, 2010. Section 2719A of
the Public Health Service Act (the PHS Act), as added by the Affordable
Care Act, and the Department's 2015 final regulations (29 CFR 2590.715-
2719A) provide that if a group health plan, or a health insurance
issuer offering group or individual health insurance coverage, requires
or provides for designation by a participant, beneficiary, or enrollee
of a participating primary care provider, then the plan or issuer must
permit each participant, beneficiary, or enrollee to designate any
participating primary care provider who is available to accept the
participant, beneficiary, or enrollee.
The statute and the 2015 final regulations impose a requirement for
the designation of a pediatrician similar to the requirement for the
designation of a primary care physician. Specifically, if a plan or
issuer requires or provides for the designation of a participating
primary care provider for a child by a participant, beneficiary, or
enrollee, the plan or issuer must permit the designation of a physician
(allopathic or osteopathic) who specializes in pediatrics as the
child's primary care provider if the provider participates in the
network of the plan or issuer. The statute and the 2015 final
regulations also provide that a group health plan, or a health
insurance issuer may not require authorization or referral by the plan,
issuer, or any person (including a primary care provider) for a female
participant, beneficiary, or enrollee who seeks obstetrical or
gynecological care provided by an in-network health care professional
who specializes in obstetrics or gynecology.
On December 27, 2020, the Consolidated Appropriations Act, 2021
(CAA), which includes the No Surprises Act, was signed into law. The No
Surprises Act provides Federal protections against surprise billing and
limits out-of-network cost sharing under many of the circumstances in
which surprise bills arise most frequently. The CAA added provisions
applicable to group health plans and health insurance issuers in the
group and individual markets in a new Part D of title XXVII of the
Public Health Service Act (PHS Act) and also added new provisions to
part 7 of the Employee Retirement Income Security Act (ERISA), and
Subchapter B of chapter 100 of the Internal Revenue Code (Code).
The No Surprises Act expanded the patient protections related to
emergency services to provide additional protections. In addition, the
No Surprises Act added reorganized part 7 of ERISA and added a section
722 that includes provisions which mirror those related to choice of
healthcare professional that are currently applicable under section
2719A of the PHS Act (which is incorporated by reference through ERISA
section 715). The patient protections under the No Surprises Act apply
generally to all group health plans and health insurance coverage and a
result of the recodification of this provision is that it now applies
to grandfathered health plans. The 2021 interim final regulations
``Requirements Related to Surprise Billing; Part I'' add a sunset
clause to the current patient protection provisions codified in the
2015 final regulations, and re-codify the provisions related to choice
of health care professional in a new section. Accordingly, the 2015
final regulations and 2021 interim final regulations requires plans and
issuers to provide a notice to participants (in the individual market,
primary subscribers) of these rights when applicable. The notice must
be provided whenever the plan or issuer provides a participant with a
summary plan description or other similar description of benefits under
the plan or health insurance coverage, or in the individual market,
provides a primary subscriber with a policy, certificate, or contract
of health insurance.
On September 10, 2021, the Office of Management and Budget (OMB)
approved the information collection request (OMB Control Number 1210-
0142) under the emergency procedures for review and clearance in
accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44
U.S.C. chapter 35) and 5 CFR 1320.13. The approval is scheduled to
expire on March 31, 2022.
II. Focus of Comments
The Department is particularly interested in comments that:
<bullet> Evaluate whether the collections of information are
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
<bullet> Evaluate the accuracy of the agency's estimate of the
collections of information, including the validity of the methodology
and assumptions used;
<bullet> Enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., by
permitting electronic submissions of responses.
<bullet> Evaluate the effectiveness of the additional demographic
questions.
Comments submitted in response to this notice will be summarized
and/or included in the ICR for OMB approval of the information
collection; they will also become a matter of public record.
Comments submitted in response to this notice will be summarized
and/or included in the ICR for OMB approval of the information
collection; they will also become a matter of public record.
Signed at Washington, DC, this 11th day of November, 2021.
Ali Khawar,
Acting Assistant Secretary, Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. 2021-25162 Filed 11-17-21; 8:45 am]
BILLING CODE P
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