Notice2025-07393
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Affordable Care Act Grandfathered Health Plan Disclosure, Recordkeeping Requirement, and Change in Carrier Disclosure
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 30, 2025
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 90 Issue 82 (Wednesday, April 30, 2025)</title>
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[Federal Register Volume 90, Number 82 (Wednesday, April 30, 2025)]
[Notices]
[Pages 17979-17980]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07393]
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DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Affordable Care Act Grandfathered Health Plan
Disclosure, Recordkeeping Requirement, and Change in Carrier Disclosure
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 30, 2025.
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
[[Page 17980]]
for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at <a href="/cdn-cgi/l/email-protection#efaba0a3b0bfbdaeb0bfbaada3a6acaf8b8083c1888099"><span class="__cf_email__" data-cfemail="d1959e9d8e8183908e8184939d989291b5bebdffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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 November 18,
2015, the Departments issued final regulations the contain the
information collections (80 FR 72191).
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 include 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.
Finally, grandfathered group health plans that change health
insurance issuers must 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. For additional
substantive information about this ICR, see the related notice
published in the Federal Register on July 9, 2024 (89 FR 56416).
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) 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; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) 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.
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: Affordable Care Act Grandfathered Health Plan
Disclosure, Recordkeeping Requirement, and Change in Carrier
Disclosure.
OMB Control Number: 1210-0140.
Affected Public: Private sector, Businesses or other for-profits,
Not-for-profit institutions.
Total Estimated Number of Respondents: 180,240.
Total Estimated Number of Responses: 5,010,656.
Total Estimated Annual Time Burden: 655 hours.
Total Estimated Annual Other Costs Burden: $134,650.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2025-07393 Filed 4-29-25; 8:45 am]
BILLING CODE 4510-29-P
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