Notice2021-26881
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
December 13, 2021
Issuing agencies
Labor DepartmentEmployee Benefits Security Administration
Abstract
The Department of Labor (the Department), in accordance with the Paperwork Reduction Act, 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 public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).
Full Text
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<title>Federal Register, Volume 86 Issue 236 (Monday, December 13, 2021)</title>
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[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70866-70869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26881]
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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, 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 public's
reporting burden. It also helps the public understand the Department's
information collection requirements and provide the requested data in
the desired format. The Employee Benefits Security Administration
(EBSA) is soliciting comments on the proposed extension of
[[Page 70867]]
the information collection requests (ICRs) contained in the documents
described below. A copy of the ICRs may be obtained by contacting the
office listed in the ADDRESSES section of this notice. ICRs also are
available at <a href="http://reginfo.gov">reginfo.gov</a> (<a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>).
DATES: Written comments must be submitted to the office shown in the
ADDRESSES section on or before February 11, 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#72171001135c1d020032161d1e5c151d04"><span class="__cf_email__" data-cfemail="a2c7c0d1c38ccdd2d0e2c6cdce8cc5cdd4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Current Actions
This notice requests public comment on the Department's request for
extension of the Office of Management and Budget's (OMB) approval of
ICRs contained in the rules and prohibited transaction exemptions
described below. The Department is not proposing any changes to the
existing ICRs at this time. An agency may not conduct or sponsor, and a
person is not required to respond to, an information collection unless
it displays a valid OMB control number. A summary of the ICRs and the
current burden estimates follows:
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Affordable Care Act Grandfathered Health Plan Disclosure,
Recordkeeping Requirement, and Change in Carrier Disclosure.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0140.
Affected Public: Businesses or other for-profits, Not-for-profit
institutions.
Respondents: 536,452.
Responses: 10,770,984.
Estimated Total Burden Hours: 1,183.
Estimated Total Burden Cost (Operating and Maintenance): $204,654.
Description: The Patient Protection and Affordable Care Act, Public
Law 111-148 (the Affordable Care Act or the Act) was enacted on March
23, 2010. Section 1251 of the Act provides that certain plans and
health insurance coverage in existence as of March 23, 2010, known as
grandfathered health plans, are not required to comply with certain
statutory provisions in the Act. On June 17, 2010, the Departments
issued interim final regulations implementing section 1251 and
requesting comment. On November 17, 2010, the Departments issued an
amendment to the interim final regulations to permit certain changes in
policies, certificates, or contracts of insurance without loss of
grandfathered status. On November 18, 2015, the Departments issued
final regulations that continue the information collections contained
in the interim final regulations (29 CFR 2590.715-1251(a)(3)(i), 29 CFR
2590.715-1251(a)(2), 29 CFR 2590.715-1251(a)(3)(i)).
To maintain its status as a grandfathered health plan, plans must
maintain records documenting the terms of the plan in effect on March
23, 2010, and any other documents that are necessary to verify,
explain, or clarify status as a grandfathered health plan. The plan
must make such records available for examination upon request by
participants, beneficiaries, individual policy subscribers, or a State
or Federal agency official.
In addition, grandfathered health plans must include a statement in
plan materials provided to participants or beneficiaries describing the
benefits provided under the plan or health insurance coverage, that the
plan or coverage believes it is a grandfathered health plan within the
meaning of section 1251 of the Affordable Care Act, that being a
grandfathered health plan means that the plan does not include certain
consumer protections of the Affordable Care Act, providing contact
information for participants to direct questions regarding which
protections apply and which protections do not apply to a grandfathered
health plan, and what might cause a plan to change from grandfathered
health plan status and to file complaints. However, grandfathered
health plans are not required to provide the disclosure statement every
time they send out a communication, such as an explanation of benefits,
to a participant or beneficiary. Instead, grandfathered health plans
will comply with this disclosure requirement if they includes the model
disclosure language provided in the Departments' interim final
grandfather regulations (or a similar statement) whenever a summary of
the benefits under the plan is provided to participants and
beneficiaries.
Grandfathered group health plans that change health insurance
issuers must also provide the succeeding health insurance issuer (and
the succeeding health insurance issuer must require) documentation of
plan terms (including benefits, cost sharing, employer contributions,
and annual limits) under the prior health insurance coverage sufficient
to make a determination whether the standards of paragraph (g)(1) of
the final regulations are exceeded. The Department has received
approval from OMB for this ICR under OMB Control No. 1210-0140. The
current approval is scheduled to expire on May 31, 2022.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Affordable Care Act Advance Notice of Rescission.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0141.
Affected Public: Not-for-profit institutions, Businesses or other
for-profits.
Respondents: 100.
Responses: 1,504.
Estimated Total Burden Hours: 18.
Estimated Total Burden Cost (Operating and Maintenance): $196.
Description: The Patient Protection and Affordable Care Act, Public
Law 111-148 (the Affordable Care Act or the Act) was enacted on March
23, 2010. Section 2712 of the Public Health Service Act (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 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 for self-insured coverage. These
rules also apply regardless of any contestability period of the plan or
issuer.
The PHS Act section 2712 mandated 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 these interim 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.
The final regulations provide that a group health plan, or health
insurance issuer offering group health insurance coverage, must provide
at least 30 days advance notice to an individual before coverage may be
rescinded. The notice
[[Page 70868]]
must be provided regardless of whether the rescission is of group or
individual coverage; or whether, in the case of group coverage, the
coverage is insured or self-insured, or the rescission applies to an
entire group or only to an individual within the group. The Department
has received approval from OMB for this ICR under OMB Control No. 1210-
0141. The current approval is scheduled to expire on May 31, 2022.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Summary of Benefits and Coverage and Uniform Glossary
Required Under the Affordable Care Act.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0147.
Affected Public: Not-for-profit institutions, Businesses or other
for-profits.
Respondents: 2,327,850.
Responses: 72,826,994.
Estimated Total Burden Hours: 328,265.
Estimated Total Burden Cost (Operating and Maintenance):
$7,040,366.
Description: The Patient Protection and Affordable Care Act, Public
Law 111-148, was signed into law on March 23, 2010, and the Health Care
and Education Reconciliation Act of 2010, Public Law 111-152, was
signed into law on March 30, 2010 (collectively known as the
``Affordable Care Act''). The Affordable Care Act amends the Public
Health Service Act (PHS Act) by adding section 2715 ``Development and
Utilization of Uniform Explanation of Coverage Documents and
Standardized Definitions.'' This section directed the Department of
Health and Human Services (HHS), the Department of Labor (DOL), and the
Department of the Treasury (collectively, the Departments), in
consultation with the National Association of Insurance Commissioners
(NAIC) and a working group comprised of stakeholders, to develop
standards for use by a group health plan and a health insurance issuer
in compiling and providing to applicants, enrollees, policyholders, and
certificate holders a summary of benefits and coverage (SBC)
explanation that accurately describes the benefits and coverage under
the applicable plan or coverage.
Section 2590.715-2715(a)(1) requires a group health plan and a
health insurance issuer to provide a written summary of benefits and
coverage (SBC) for each benefit package to entities and individuals at
specified points in the enrollment process. As specified in Sec.
2590.715-2715(a)(2), a plan or issuer will populate the SBC with the
applicable plan or coverage information, including the following: (1) A
description of the coverage, including cost sharing, for each category
of benefits identified in guidance by the Secretary; (2) exceptions,
reductions, and limitations of the coverage; (3) the cost-sharing
provisions of the coverage, including deductible, coinsurance, and
copayment obligations; (4) the renewability and continuation of
coverage provisions; (5) coverage examples that illustrate common
benefits scenarios (including pregnancy and serious or chronic medical
conditions) and related cost sharing; (6) contact information for
questions; (7) for issuers, an internet web address where a copy of the
actual individual coverage policy or group certificate of coverage can
be reviewed and obtained; (8) for plans and issuers that maintain one
or more networks of providers, an internet address (or similar contact
information) for obtaining a list of network providers; (9) for plans
and issuers that provide prescription drug coverage through a
formulary, an internet address (or similar contact information) for
obtaining information on prescription drug coverage; and (10) an
internet address (or similar contact information) where a consumer may
review and obtain the uniform glossary; and (11) a statement about
whether the plan or coverage provides minimum essential coverage as
defined under section 5000A(f) of the Internal Revenue Code and whether
the plan's or coverage's share of the total allowed costs of coverage
meets applicable requirements.
Because the statute additionally requires the Secretary to
``provide for the development of standards for the definitions of terms
used in health insurance coverage,'' including specified insurance-
related and medical terms, the Departments have interpreted this
provision as requiring plans and issuers to make available a uniform
glossary of health coverage and medical terms that is three double-
sided pages in length. Plans and issuers must include an internet
address in the SBC for consumers to access the glossary and provide a
paper copy of the glossary within seven days upon request. Plans and
issuers may not modify the glossary provided in guidance by the
Departments.
Finally, ``if a group health plan or health insurance issuer makes
any material modification in any of the terms of the plan or coverage
involved (as defined for purposes of section 102 of the Employee
Retirement Income Security Act) that is not reflected in the most
recently provided summary of benefits and coverage, the plan or issuer
must provide notice of such modification to enrollees not later than 60
days prior to the date on which such modification will become
effective.'' Thus, the Departments require plans and issuers to provide
60-days advance notice of any material modification in any of the terms
of the plan or coverage that (1) affects the information required to be
included the SBC; (2) occurs during the plan or policy year, other than
in connection with renewal or reissuance of the coverage; and (3) is
not otherwise reflected in the most recently provided SBC. A plan or
issuer may satisfy this requirement by providing either an updated SBC
or a separate notice describing the modification. The Department has
received approval from OMB for this ICR under OMB Control No. 1210-
0147. The current approval is scheduled to expire on May 31, 2022.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Prohibited Transaction Class Exemptions for Multiple
Employer Plans and Multiple Employer Apprenticeship Plans--PTE 1976-1,
PTE 1977-10, PTE 1978-6.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0058.
Affected Public: 3,483.
Respondents: Businesses or other for-profits, Not-for-profit
institutions.
Responses: 3,483.
Estimated Total Burden Hours: 871.
Estimated Total Burden Cost (Operating and Maintenance): $0.
Description:
The three prohibited transaction class exemptions (PTEs) included
in this ICR, (1) PTE 76-1, (2) PTE 77-10, and (3) PTE 78-6, exempt
certain types of transactions commonly entered into by
``multiemployer'' plans from certain of the prohibitions contained in
sections 406(a) and 407(a) of ERISA. The Department determined that, in
the absence of these exemptions, the affected plans would not be able
to operate efficiently or to enter into routine types of transactions
necessary for their operations. In order to ensure that the class
exemptions for these necessary transactions meet the statutory
standards, the Department imposed conditions contained in the
exemptions that are information collections. The information
collections consist of recordkeeping and third-party disclosures. The
Department has received approval from OMB for this ICR under OMB
Control No. 1210-0058. The current approval is scheduled to expire on
June 30, 2022.
[[Page 70869]]
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Notice for Health Reimbursement Arrangements Integrated with
Individual Health Insurance Coverage.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0160.
Affected Public: Businesses or other for-profits, Not-for-profit
institutions.
Respondents: 721,438.
Responses: 9,399,428.
Estimated Total Burden Hours: 196,992.
Estimated Total Burden Cost (Operating and Maintenance): $120,662.
Description:
The final rules removed the current prohibition on integrating
Health Reimbursement Arrangements (HRAs) with individual health
insurance coverage, if certain conditions are met. The following
information collections are contained in the final rules: (1)
Verification of Enrollment in Individual Coverage; (2) HRA Notice to
Participants; (3) Notice to Participants that Individual Policy is not
Subject to Title I of ERISA; (4) Participant Notification of Individual
Coverage HRA of Cancelled or Discontinued Coverage; (5) Notice for
Excepted Benefit HRAs. The information collection requirements are
needed to notify the HRA that participants are enrolled in individual
health insurance coverage, to help individuals understand the impact of
enrolling in an HRA on their eligibility for the PTC, and that coverage
is not subject to the rules and consumer protections of the Employee
Retirement Income Security Act. The Department has received approval
from OMB for this ICR under OMB Control No. 1210-0160. The current
approval is scheduled to expire on June 30, 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.
Signed at Washington, DC, this 6th day of December, 2021.
Ali Khawar,
Acting Assistant Secretary, Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. 2021-26881 Filed 12-10-21; 8:45 am]
BILLING CODE 4510-29-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.