Notice2022-08684
Agency Information Collection Activities; Submission for OMB Review; Comment Request; No Surprises Act: IDR Process
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
April 25, 2022
Issuing agencies
Labor Department
Abstract
The Department of Labor (DOL) is submitting this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Full Text
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<title>Federal Register, Volume 87 Issue 79 (Monday, April 25, 2022)</title>
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[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Page 24346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08684]
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DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; No Surprises Act: IDR Process
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Labor (DOL) is submitting this Employee
Benefits Security Administration (EBSA)-sponsored information
collection request (ICR) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act
of 1995 (PRA). Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that the agency
receives on or before May 25, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
Comments are invited on: (1) Whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) if the information will be processed and used in a timely
manner; (3) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (4) ways to enhance the quality,
utility and clarity of the information collection; and (5) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT: Mara Blumenthal by telephone at 202-
693-8538, or by email at <a href="/cdn-cgi/l/email-protection#b0f4fffcefe0e2f1efe0e5f2fcf9f3f0d4dfdc9ed7dfc6"><span class="__cf_email__" data-cfemail="7f3b3033202f2d3e202f2a3d33363c3f1b101351181009">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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. Section 102 of the No Surprises Act added Code section
9816, ERISA section 716, and PHS Act section 2799A-1, which contain
limitations on cost sharing and requirements for initial payments for
emergency services. In addition, Section 103 of the No Surprises Act
amended Code section 9816, ERISA section 716, and PHS Act section
2799A-1 to establish a Federal independent dispute resolution (Federal
IDR) process that nonparticipating providers or facilities and group
health plans and health insurance issuers in the group and individual
market may use following the end of an unsuccessful open negotiation
period to determine the out-of-network rate for certain services. The
Federal IDR process requires a number of disclosures from plans,
issuers, FEHB carriers, and nonparticipating providers or
nonparticipating emergency facilities. For additional substantive
information about this ICR, see the related notice published in the
Federal Register on November 9, 2021 (86 FR 62206). On April 5, 2022,
the Department of Labor submitted another emergency request to revise
the ICR to remove language to be consistent with the federal court
ruling in the U.S. District Court for the Eastern District of Texas on
the Interim Final Rule, Requirements Related to Surprise Billing; Part
II (Texas Medical Association v. HHS). The ICR Revision was approved by
OMB on April 11, 2022. The Departments welcome comments on those
revisions. For additional substantive information, see the related
submission at <a href="https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=1210-0169">https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=1210-0169</a>.
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless the OMB approves it and displays a currently valid
OMB Control Number. In addition, notwithstanding any other provisions
of law, no person shall generally be subject to penalty for failing to
comply with a collection of information that does not display a valid
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-EBSA.
Title of Collection: No Surprises Act: IDR Process.
OMB Control Number: 1210-0169.
Affected Public: Private Sector--Businesses or other for-profits
and not-for-profit institutions.
Total Estimated Number of Respondents: 22,428.
Total Estimated Number of Responses: 36,964.
Total Estimated Annual Time Burden: 68,193 hours.
Total Estimated Annual Other Costs Burden: $545,727.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Dated: April 19, 2022.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2022-08684 Filed 4-22-22; 8:45 am]
BILLING CODE 4510-29-P
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