Notice2025-13288
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Annual Report for Multiple Employer Welfare Arrangements
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
July 16, 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 134 (Wednesday, July 16, 2025)</title>
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[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Notices]
[Pages 32027-32028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13288]
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DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Annual Report for Multiple Employer Welfare
Arrangements
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 August 15, 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 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#591d161506090b1806090c1b15101a193d3635773e362f"><span class="__cf_email__" data-cfemail="6e2a2122313e3c2f313e3b2c22272d2e0a010240090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Health Insurance Portability and
Accountability Act of 1996 (HIPAA), codified as part 7 of title I of
the Employee Retirement Security Act of 1974 (ERISA), was enacted to
improve the portability and continuity of health care coverage for
participants and beneficiaries of group health plans. HIPAA also added
section 101(g) to ERISA, providing the Secretary of Labor (Secretary)
with authority to require, by regulation, multiple employer welfare
arrangements (MEWAs) as defined in section 3(40) of ERISA, that offer
or provide coverage for medical benefits but which are not group health
plans (non-plan MEWAs), to report annually for the purpose of
determining compliance with part 7 requirements. While the statutory
authority was directed at non-plan MEWAs, based on the authority in
ERISA sections 101(g), 505, and 734, the Department of Labor
(Department) in 2003 promulgated a regulation at 29 CFR 2520.101-2 that
required the administrators of both plan MEWAs and non-plan MEWAs that
offer or provide coverage for medical benefits, as well certain
entities that claim not to be a MEWA solely due to the exception in
section 3(40)(A)(i) of ERISA (referred to as ``Entities Claiming
Exception'' or ``ECEs''), to file the Form M-1 on an annual basis (Form
M-1 annual report).
The Patient Protection and Affordable Care Act and the Health Care
and Education Reconciliation Act of 2010 (these are collectively known
as the ``Affordable Care Act'' or ``ACA'') amended section 101(g) of
ERISA to require non-plan MEWAs that provide benefits consisting of
medical care to register with the Secretary before operating in a
State. In 2011, the Department amended the Form M-1 reporting
regulations to enact the ACA required provisions by requiring all MEWAs
(plan and non-plan MEWAs) that offer or provide coverage for medical
benefits and ECEs to register with the Secretary upon occurrence of
certain registration events, such as prior to operating in a State, in
addition to continued reporting on an annual basis regarding compliance
with part 7 of ERISA. For additional substantive information about this
ICR, see the related notice published in the Federal Register on
January 6, 2025 (90 FR 671).
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
[[Page 32028]]
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: Annual Report for Multiple Employer Welfare
Arrangements.
OMB Control Number: 1210-0116.
Affected Public: Private sector.
Total Estimated Number of Respondents: 791.
Total Estimated Number of Responses: 791.
Total Estimated Annual Time Burden: 1,536 hours.
Total Estimated Annual Other Costs Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2025-13288 Filed 7-15-25; 8:45 am]
BILLING CODE 4510-29-P
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