Mental Health Parity, 13937-13939 [06-2655]
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Federal Register / Vol. 71, No. 53 / Monday, March 20, 2006 / Rules and Regulations
Department of the Treasury at 31 CFR
part 103. The compliance program shall
be reduced to writing, and either:
(i) Approved by the foreign bank’s
board of directors and noted in the
minutes, or
(ii) Approved by a delegee acting
under the express authority of the board
of directors to approve the Bank Secrecy
Act compliance program.
*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, March 15, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 06–2629 Filed 3–17–06; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Part 2590
RIN 1210–AA62
Mental Health Parity
Employee Benefits Security
Administration, Department of Labor.
ACTION: Interim final amendment to
regulation.
rmajette on PROD1PC67 with RULES1
AGENCY:
SUMMARY: This document contains an
interim final amendment to modify the
sunset date of interim final regulations
under the Mental Health Parity Act
(MHPA) to be consistent with legislation
passed during the 109th Congress.
DATES: Effective date. The interim final
amendment is effective December 31,
2005. Applicability dates. The
requirements of the interim final
amendment apply to group health plans
and health insurance issuers offering
health insurance coverage in connection
with a group health plan beginning
December 31, 2005. The MHPA interim
final amendment extends the sunset
date from December 31, 2005 to
December 31, 2006. Pursuant to the
extended sunset date, MHPA
requirements apply to benefits for
services furnished before December 31,
2006.
FOR FURTHER INFORMATION CONTACT:
Suzanne Bach, Employee Benefits
Security Administration, Department of
Labor, at (202) 693–8335.
Customer Service Information:
Individuals interested in obtaining
additional information on the Mental
Health Parity Act and other health care
laws may request copies of Department
of Labor publications concerning
changes in health care law by calling the
EBSA Toll-Free Hotline at 1–866–444-
VerDate Aug<31>2005
15:02 Mar 17, 2006
Jkt 208001
EBSA (3272), or access the publications
on-line at https://www.dol.gov/ebsa, the
Department of Labor’s Web site.
Information on the Mental Health Parity
Act and other health care laws is also
available on the Department of Labor’s
interactive Web pages, Health Elaws
(https://www.dol.gov/elaws/ebsa/health).
SUPPLEMENTARY INFORMATION:
A. Background
The Mental Health Parity Act of 1996
(MHPA) was enacted on September 26,
1996 (Pub. L. 104–204, 110 Stat. 2944).
MHPA amended the Employee
Retirement Income Security Act of 1974
(ERISA) and the Public Health Service
Act (PHS Act) to provide for parity in
the application of annual and lifetime
dollar limits on mental health benefits
with dollar limits on medical/surgical
benefits. Provisions implementing
MHPA were later added to the Internal
Revenue Code of 1986 (Code) under the
Taxpayer Relief Act of 1997 (Pub. L.
105–34, 111 Stat. 1080).
The provisions of MHPA, as originally
enacted, are set forth in Part 7 of
Subtitle B of Title I of ERISA, Chapter
100 of Subtitle K of the Code, and Title
XXVII of the PHS Act.1 The MHPA
provisions in ERISA generally apply to
all group health plans other than
governmental plans, church plans, and
certain other plans. These provisions
also apply to health insurance issuers
that offer health insurance coverage in
connection with such group health
plans. Generally, the Secretary of Labor
enforces the MHPA provisions in
ERISA, except that no enforcement
action may be taken by the Secretary
against issuers. However, individuals
may generally pursue actions against
issuers under ERISA and, in some
circumstances, under state law.
B. Overview of MHPA
The MHPA provisions set forth in
section 712 of ERISA apply to a group
health plan (or health insurance
coverage offered by issuers in
connection with a group health plan)
that provides both medical/surgical
benefits and mental health benefits.
MHPA’s original text included a sunset
provision specifying that MHPA’s
provisions applied to benefits for
services furnished before September 30,
2001. On December 22, 1997, the
Departments of Labor, the Treasury, and
Health and Human Services issued
interim final regulations under MHPA
in the Federal Register (62 FR 66931).
1 Part 7 of Subtitle B of Title 1 of ERISA, Chapter
100 of Subtitle K of the Code, and Title XXVII of
the PHS Act were added by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA),
Pub. L. 104–191.
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13937
The interim final regulations included
this statutory sunset date.
On January 10, 2002, President Bush
signed H.R. 3061 (Pub. L. 107–116, 115
Stat. 2177), the 2002 Appropriations Act
for the Departments of Labor, Health
and Human Services, and Education.
This legislation extended MHPA’s
original sunset date under ERISA, the
Code, and the PHS Act, so that MHPA’s
provisions would apply to benefits for
services furnished before December 31,
2002.
On March 9, 2002, President Bush
signed H.R. 3090, the Job Creation and
Worker Assistance Act of 2002 (Pub. L.
107–147, 116 Stat. 21), that included an
amendment to section 9812 of the Code
(the mental health parity provisions).
This legislation further extended
MHPA’s original sunset date under the
Code to December 31, 2003.
On September 27, 2002, the
Department of Labor issued an interim
final amendment for mental health
parity in the Federal Register (67 FR
60859). The interim final amendment
included the new statutory sunset date
under H.R. 3061, so that MHPA’s
provisions would apply to benefits for
services furnished before December 31,
2002. The Department made the
effective date of this interim final
amendment to the regulations
September 30, 2001.
On December 2, 2002, President Bush
signed H.R. 5716, the Mental Health
Parity Reauthorization Act of 2002 (Pub.
L. 107–313, 116 Stat. 2457), an
amendment to section 712 of ERISA and
Section 2705 of the PHS Act. This
legislation further extended MHPA’s
original sunset date under ERISA and
the PHS Act to December 31, 2003. On
April 14, 2003, the Department of Labor
issued an interim final amendment for
mental health parity in the Federal
Register (68 FR 18048). The interim
final amendment included the new
statutory sunset date under H.R. 5716,
so that MHPA’s provisions would apply
to benefits for services furnished before
December 31, 2003.
On December 19, 2003, President
Bush signed S. 1929, the Mental Health
Parity Reauthorization Act of 2003 (Pub.
L. 108–197, 117 Stat. 2998), an
amendment to section 712 of ERISA and
Section 2705 of the PHS Act. This
legislation further extended MHPA’s
original sunset date under ERISA and
the PHS Act to December 31, 2004. On
January 26, 2004, the Department of
Labor issued an interim final
amendment for mental health parity in
the Federal Register (69 FR 3815). The
final rule included the new statutory
sunset date under S. 1929, so that
MHPA’s provisions would apply to
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13938
Federal Register / Vol. 71, No. 53 / Monday, March 20, 2006 / Rules and Regulations
benefits for services furnished before
December 31, 2004.
On October 4, 2004, President Bush
signed H.R. 1308, the Working Families
Tax Relief Act of 2004 (Pub. L. 108–311,
118 Stat. 1166), an amendment to
section 712 of ERISA, Section 9812 of
the Code, and Section 2705 of the PHS
Act which extended MHPA’s original
sunset date under ERISA, the Code, and
the PHS Act to December 31, 2005. On
December 17, 2004, the Department of
Labor issued an interim final
amendment for mental health parity in
the Federal Register (69 FR 75798). The
final rule included a new sunset date
under H.R. 1308 so that MHPA’s
provisions would apply to benefits for
services furnished before December 31,
2005.
On December 30, 2005, President
Bush signed H.R. 4579, the Employee
Retirement Preservation Act (Pub. L.
109–151, 119 Stat. 2886) which amends
ERISA, the Code, and the PHS Act to
further extend MHPA’s original sunset
date to December 31, 2006. Like MHPA,
this amendment to MHPA applies to a
group health plan (or health insurance
coverage offered by issuers in
connection with a group health plan)
that provides both medical/surgical
benefits and mental health benefits.2 As
a result of this statutory amendment,
and to assist employers, plan sponsors,
health insurance issuers, and workers,
the Department of Labor has developed
this amendment of the interim final
regulations, in consultation with the
Departments of the Treasury and Health
and Human Services, conforming the
regulatory sunset date to the new
statutory sunset date. The Department is
also making conforming changes
extending the duration of the increased
cost exemption to be consistent with the
new sunset date.
Since the extension of this sunset date
is not discretionary, this amendment to
the MHPA regulations is promulgated
on an interim final basis pursuant to
Section 734 of ERISA. This interim final
amendment is also promulgated
pursuant to Section 553(d)(3) of the
Administrative Procedure Act, allowing
for regulations to become effective
immediately for good cause.
rmajette on PROD1PC67 with RULES1
2 The
parity requirements under MHPA, the
interim regulations, and the amendment to the
interim regulations do not apply to any group
health plan (or health insurance coverage offered in
connection with a group health plan) for any plan
year of a small employer. The term ‘‘small
employer’’ is defined as an employer who
employed an average of at least 2 but not more than
50 employees on business days during the
preceding calendar year and who employs at least
2 employees on the first day of the plan year.
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C. Executive Order 12866
Under Executive Order 12866, the
Department must determine whether a
regulatory action is ‘‘significant’’ and
therefore subject to the requirements of
the Executive Order and subject to
review by the Office of Management and
Budget (OMB). Under section 3(f), the
order defines a ‘‘significant regulatory
action’’ as an action that is likely to
result in a rule: (1) Having an annual
effect on the economy of $100 million
or more, or adversely and materially
affecting a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local or tribal governments or
communities (also referred to as
‘‘economically significant’’); (2) creating
serious inconsistency or otherwise
interfering with an action taken or
planned by another agency; (3)
materially altering the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or (4)
raising novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
Pursuant to the terms of the Executive
Order, it has been determined that this
action is not a ‘‘significant regulatory
action’’ within the meaning of the
Executive Order. This action is an
amendment to the interim final
regulations and merely extends the
regulatory sunset date to conform to the
new statutory sunset date added by H.R.
4579.
D. Paperwork Reduction Act
The information collection provisions
of MHPA incorporated in the
Department’s interim final rules are
currently approved under OMB control
numbers 1210–0105 (Notice to
Participants and Beneficiaries and
Federal Government of Electing One
Percent Increased Cost Exemption) and
1210–0106 (Calculation and Disclosure
of Documentation of Eligibility for
Exemption). Because this action does
not change the approved information
collection provisions, no submission for
OMB approval is being made in
connection with this interim final
amendment. OMB’s approvals of the
two information collection requests
referred to above are currently
scheduled to expire on January 31,
2008, and December 31, 2007,
respectively.
Federal rules that are subject to the
notice and comment requirements of
section 553(b) of the Administrative
Procedure Act (5 U.S.C. 551 et seq.).
Because this amendment to the interim
final regulations is being published on
an interim final basis, without prior
notice and a period for comment, the
Regulatory Flexibility Act does not
apply.
F. Unfunded Mandates Reform Act
For purposes of the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) (UMRA), as well as Executive
Order 12875, this interim final
amendment does not include any
Federal mandate that may result in
expenditures by state, local, or tribal
governments, and does not include
mandates that may impose an annual
expenditure of $100 million or more on
the private sector.
G. Congressional Review Act
This interim final amendment is
subject to the Congressional Review Act
provisions of the Small Business
Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.) (SBREFA),
and has been transmitted to Congress
and the Comptroller General for review.
This amendment to the interim final
regulations is not a major rule, as that
term is defined by 5 U.S.C. 804.
H. Federalism Statement
Executive Order 13132 (August 4,
1999) outlines fundamental principles
of federalism and requires the
adherence to specific criteria by Federal
agencies in the process of their
formulation and implementation of
policies that have substantial direct
effects on the states, the relationship
between the states, the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government. This
interim final amendment does not have
federalism implications as it only
conforms the regulatory sunset date to
the new statutory sunset date added by
H.R. 4579.
List of Subjects in 29 CFR Part 2590
Continuation coverage, Disclosure,
Employee benefit plans, Group health
plans, Health care, Health insurance,
Medical child support, Reporting and
recordkeeping requirements.
E. Regulatory Flexibility Act
Employee Benefits Security
Administration
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) (RFA) imposes
certain requirements with respect to
I
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29 CFR part 2590 is amended as
follows:
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Federal Register / Vol. 71, No. 53 / Monday, March 20, 2006 / Rules and Regulations
PART 2590—RULES AND
REGULATIONS FOR GROUP HEALTH
PLANS
1. The authority for part 2590
continues to read as follows:
I
Authority: 29 U.S.C. 1027, 1059, 1135,
1161–1168, 1169, 1181–1183, 1181 note,
1185, 1185a, 1185b, 1191, 1191a, 1191b, and
1191c, sec. 101(g), Pub. L. 104–191, 101 Stat.
1936; sec. 401(b), Pub. L. 105–200, 112 Stat.
645 (42 U.S.C. 651 note); Secretary of Labor’s
Order 1–2003, 68 FR 5374 (Feb. 3, 2003).
§ 2590.712
[Amended]
2. Amend § 2590.712 (f)(1), (g)(2), and
(i) by removing the date ‘‘December 31,
2005’’ and add in its place the date
‘‘December 31, 2006’’ wherever it
appears in these paragraphs.
I
Signed at Washington, DC this 15th day of
March, 2006.
Ann L. Combs,
Assistant Secretary, Employee Benefits
Security Administration.
[FR Doc. 06–2655 Filed 3–17–06; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1002
[STB Ex Parte No. 542 (Sub–No. 13)]
Regulations Governing Fees for
Services Performed in Connection
With Licensing and Related Services—
2006 Update
Surface Transportation Board.
Final rule.
AGENCY:
ACTION:
The Board adopts its 2006
User Fee Update and revises its fee
schedule to recover the costs associated
with the January 2006 Government
salary increases and to reflect changes
in overhead costs to the Board.
DATES: Effective Date: These rules are
effective April 19, 2006.
FOR FURTHER INFORMATION CONTACT:
David T. Groves, (202) 565–1551, or
Anne Quinlan, (202) 565–1727. [TDD
for the hearing impaired: 1–800–877–
8339.]
SUPPLEMENTARY INFORMATION: The
Board’s regulations at 49 CFR 1002.3
require that the Board’s user fee
schedule be updated annually. The
regulation at 49 CFR 1002.3(a) provides
that the entire fee schedule or selected
fees can be modified more than once a
year, if necessary. Fees are revised based
on the cost study formula set forth at 49
CFR 1002.3(d).
Because Board employees received a
salary increase of 3.44% in January
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SUMMARY:
VerDate Aug<31>2005
15:30 Mar 17, 2006
Jkt 208001
2006, the Board is updating its user fees
to recover the increased personnel costs.
With certain exceptions, all fees,
including those adopted or amended in
Regulations Governing Fees For Services
Performed In Connection With Licensing
And Related Services—2002 New Fees,
STB Ex Parte No. 542 (Sub-No. 4) (STB
served Mar. 29, 2004) will be updated
based on the cost formula contained in
49 CFR 1002.3(d). In addition, changes
to the overhead costs borne by the Board
are reflected in the revised fee schedule.
The fee increases adopted here result
from the mechanical application of the
update formula in 49 CFR 1002.3(d),
which was adopted through notice and
comment procedures in Regulations
Governing Fees for Services—1987
Update, 4 I.C.C.2d 137 (1987). No new
fees are being proposed in this
proceeding. Therefore, the Board finds
that notice and comment are
unnecessary for this proceeding. See
Regulations Governing Fees For
Services—1990 Update, 7 I.C.C.2d 3
(1990); Regulations Governing Fees For
Services—1991 Update, 8 I.C.C.2d 13
(1991); and Regulations Governing Fees
For Services—1993 Update, 9 I.C.C.2d
855 (1993).
The Board concludes that the fee
changes adopted here will not have a
significant economic impact on a
substantial number of small entities
because the Board’s regulations provide
for waiver of filing fees for those entities
that can make the required showing of
financial hardship.
Additional information is contained
in the Board’s decision. To obtain a free
copy of the full decision, visit the
Board’s Web site at https://
www.stb.dot.gov or call the Board’s
Information Officer at (202) 565–1500.
To purchase a copy of the decision,
write to, call, e-mail, or pick up in
person from ASAP Document Solutions,
9332 Annapolis Road, Suite 103
Lanham, MD 20706, (202) 306–4004,
asapdc@verizon.net. [Assistance for the
hearing impaired is available through
Federal Information Relay Services
(FIRS): (800) 877–8339.]
List of Subjects in 49 CFR Part 1002
Administrative practice and
procedure, Common carriers, Freedom
of information, User fees.
Decided: March 13, 2006.
By the Board, Chairman Buttrey and Vice
Chairman Mulvey.
Vernon A. Williams,
Secretary.
For the reasons set forth in the
preamble, title 49, chapter X, part 1002,
of the Code of Federal Regulations is
amended as follows:
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13939
PART 1002—FEES
1. The authority citation for part 1002
continues to read as follows:
I
Authority: 5 U.S.C. 552(a)(4)(A) and 553;
31 U.S.C. 9701 and 49 U.S.C. 721(a).
2. Section 1002.1 is amended by
revising paragraphs (a), (b), (d) and
(f)(1); and the table in paragraph (g)(6)
and paragraph (g)(7) to read as follows:
I
§ 1002.1 Fees for record search, review,
copying, certification, and related services.
*
*
*
*
*
(a) Certificate of the Secretary, $14.00.
(b) Service involved in examination of
tariffs or schedules for preparation of
certified copies of tariffs or schedules or
extracts therefrom at the rate of $35.00
per hour.
*
*
*
*
*
(d) Photocopies of tariffs, reports, and
other public documents, at the rate of
$1.20 per letter or legal size exposure.
A minimum charge of $6.00 will be
made for this service.
*
*
*
*
*
(f) * * *
(1) A fee of $62.00 per hour for
professional staff time will be charged
when it is required to fulfill a request
for ADP data.
*
*
*
*
*
(g) * * *
(6) * * *
Grade
GS–1 .........................................
GS–2 .........................................
GS–3 .........................................
GS–4 .........................................
GS–5 .........................................
GS–6 .........................................
GS–7 .........................................
GS–8 .........................................
GS–9 .........................................
GS–10 .......................................
GS–11 .......................................
GS–12 .......................................
GS–13 .......................................
GS–14 .......................................
GS–15 and over .......................
Rate
$10.43
11.36
12.80
14.37
16.08
17.92
19.91
22.05
24.36
26.82
29.47
35.32
42.00
49.64
58.39
(7) The fee for photocopies shall be
$1.20 per letter or legal size exposure
with a minimum charge of $6.00.
*
*
*
*
*
3. In § 1002.2, paragraph (f) is revised
as follows:
I
§ 1002.2
Filing fees.
(a) * * *
(f) Schedule of filing fees.
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]]>Agencies
[Federal Register Volume 71, Number 53 (Monday, March 20, 2006)]
[Rules and Regulations]
[Pages 13937-13939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2655]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employee Benefits Security Administration
29 CFR Part 2590
RIN 1210-AA62
Mental Health Parity
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Interim final amendment to regulation.
-----------------------------------------------------------------------
SUMMARY: This document contains an interim final amendment to modify
the sunset date of interim final regulations under the Mental Health
Parity Act (MHPA) to be consistent with legislation passed during the
109th Congress.
DATES: Effective date. The interim final amendment is effective
December 31, 2005. Applicability dates. The requirements of the interim
final amendment apply to group health plans and health insurance
issuers offering health insurance coverage in connection with a group
health plan beginning December 31, 2005. The MHPA interim final
amendment extends the sunset date from December 31, 2005 to December
31, 2006. Pursuant to the extended sunset date, MHPA requirements apply
to benefits for services furnished before December 31, 2006.
FOR FURTHER INFORMATION CONTACT: Suzanne Bach, Employee Benefits
Security Administration, Department of Labor, at (202) 693-8335.
Customer Service Information: Individuals interested in obtaining
additional information on the Mental Health Parity Act and other health
care laws may request copies of Department of Labor publications
concerning changes in health care law by calling the EBSA Toll-Free
Hotline at 1-866-444-EBSA (3272), or access the publications on-line at
https://www.dol.gov/ebsa, the Department of Labor's Web site.
Information on the Mental Health Parity Act and other health care laws
is also available on the Department of Labor's interactive Web pages,
Health Elaws (https://www.dol.gov/elaws/ebsa/health).
SUPPLEMENTARY INFORMATION:
A. Background
The Mental Health Parity Act of 1996 (MHPA) was enacted on
September 26, 1996 (Pub. L. 104-204, 110 Stat. 2944). MHPA amended the
Employee Retirement Income Security Act of 1974 (ERISA) and the Public
Health Service Act (PHS Act) to provide for parity in the application
of annual and lifetime dollar limits on mental health benefits with
dollar limits on medical/surgical benefits. Provisions implementing
MHPA were later added to the Internal Revenue Code of 1986 (Code) under
the Taxpayer Relief Act of 1997 (Pub. L. 105-34, 111 Stat. 1080).
The provisions of MHPA, as originally enacted, are set forth in
Part 7 of Subtitle B of Title I of ERISA, Chapter 100 of Subtitle K of
the Code, and Title XXVII of the PHS Act.\1\ The MHPA provisions in
ERISA generally apply to all group health plans other than governmental
plans, church plans, and certain other plans. These provisions also
apply to health insurance issuers that offer health insurance coverage
in connection with such group health plans. Generally, the Secretary of
Labor enforces the MHPA provisions in ERISA, except that no enforcement
action may be taken by the Secretary against issuers. However,
individuals may generally pursue actions against issuers under ERISA
and, in some circumstances, under state law.
---------------------------------------------------------------------------
\1\ Part 7 of Subtitle B of Title 1 of ERISA, Chapter 100 of
Subtitle K of the Code, and Title XXVII of the PHS Act were added by
the Health Insurance Portability and Accountability Act of 1996
(HIPAA), Pub. L. 104-191.
---------------------------------------------------------------------------
B. Overview of MHPA
The MHPA provisions set forth in section 712 of ERISA apply to a
group health plan (or health insurance coverage offered by issuers in
connection with a group health plan) that provides both medical/
surgical benefits and mental health benefits. MHPA's original text
included a sunset provision specifying that MHPA's provisions applied
to benefits for services furnished before September 30, 2001. On
December 22, 1997, the Departments of Labor, the Treasury, and Health
and Human Services issued interim final regulations under MHPA in the
Federal Register (62 FR 66931). The interim final regulations included
this statutory sunset date.
On January 10, 2002, President Bush signed H.R. 3061 (Pub. L. 107-
116, 115 Stat. 2177), the 2002 Appropriations Act for the Departments
of Labor, Health and Human Services, and Education. This legislation
extended MHPA's original sunset date under ERISA, the Code, and the PHS
Act, so that MHPA's provisions would apply to benefits for services
furnished before December 31, 2002.
On March 9, 2002, President Bush signed H.R. 3090, the Job Creation
and Worker Assistance Act of 2002 (Pub. L. 107-147, 116 Stat. 21), that
included an amendment to section 9812 of the Code (the mental health
parity provisions). This legislation further extended MHPA's original
sunset date under the Code to December 31, 2003.
On September 27, 2002, the Department of Labor issued an interim
final amendment for mental health parity in the Federal Register (67 FR
60859). The interim final amendment included the new statutory sunset
date under H.R. 3061, so that MHPA's provisions would apply to benefits
for services furnished before December 31, 2002. The Department made
the effective date of this interim final amendment to the regulations
September 30, 2001.
On December 2, 2002, President Bush signed H.R. 5716, the Mental
Health Parity Reauthorization Act of 2002 (Pub. L. 107-313, 116 Stat.
2457), an amendment to section 712 of ERISA and Section 2705 of the PHS
Act. This legislation further extended MHPA's original sunset date
under ERISA and the PHS Act to December 31, 2003. On April 14, 2003,
the Department of Labor issued an interim final amendment for mental
health parity in the Federal Register (68 FR 18048). The interim final
amendment included the new statutory sunset date under H.R. 5716, so
that MHPA's provisions would apply to benefits for services furnished
before December 31, 2003.
On December 19, 2003, President Bush signed S. 1929, the Mental
Health Parity Reauthorization Act of 2003 (Pub. L. 108-197, 117 Stat.
2998), an amendment to section 712 of ERISA and Section 2705 of the PHS
Act. This legislation further extended MHPA's original sunset date
under ERISA and the PHS Act to December 31, 2004. On January 26, 2004,
the Department of Labor issued an interim final amendment for mental
health parity in the Federal Register (69 FR 3815). The final rule
included the new statutory sunset date under S. 1929, so that MHPA's
provisions would apply to
[[Page 13938]]
benefits for services furnished before December 31, 2004.
On October 4, 2004, President Bush signed H.R. 1308, the Working
Families Tax Relief Act of 2004 (Pub. L. 108-311, 118 Stat. 1166), an
amendment to section 712 of ERISA, Section 9812 of the Code, and
Section 2705 of the PHS Act which extended MHPA's original sunset date
under ERISA, the Code, and the PHS Act to December 31, 2005. On
December 17, 2004, the Department of Labor issued an interim final
amendment for mental health parity in the Federal Register (69 FR
75798). The final rule included a new sunset date under H.R. 1308 so
that MHPA's provisions would apply to benefits for services furnished
before December 31, 2005.
On December 30, 2005, President Bush signed H.R. 4579, the Employee
Retirement Preservation Act (Pub. L. 109-151, 119 Stat. 2886) which
amends ERISA, the Code, and the PHS Act to further extend MHPA's
original sunset date to December 31, 2006. Like MHPA, this amendment to
MHPA applies to a group health plan (or health insurance coverage
offered by issuers in connection with a group health plan) that
provides both medical/surgical benefits and mental health benefits.\2\
As a result of this statutory amendment, and to assist employers, plan
sponsors, health insurance issuers, and workers, the Department of
Labor has developed this amendment of the interim final regulations, in
consultation with the Departments of the Treasury and Health and Human
Services, conforming the regulatory sunset date to the new statutory
sunset date. The Department is also making conforming changes extending
the duration of the increased cost exemption to be consistent with the
new sunset date.
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\2\ The parity requirements under MHPA, the interim regulations,
and the amendment to the interim regulations do not apply to any
group health plan (or health insurance coverage offered in
connection with a group health plan) for any plan year of a small
employer. The term ``small employer'' is defined as an employer who
employed an average of at least 2 but not more than 50 employees on
business days during the preceding calendar year and who employs at
least 2 employees on the first day of the plan year.
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Since the extension of this sunset date is not discretionary, this
amendment to the MHPA regulations is promulgated on an interim final
basis pursuant to Section 734 of ERISA. This interim final amendment is
also promulgated pursuant to Section 553(d)(3) of the Administrative
Procedure Act, allowing for regulations to become effective immediately
for good cause.
C. Executive Order 12866
Under Executive Order 12866, the Department must determine whether
a regulatory action is ``significant'' and therefore subject to the
requirements of the Executive Order and subject to review by the Office
of Management and Budget (OMB). Under section 3(f), the order defines a
``significant regulatory action'' as an action that is likely to result
in a rule: (1) Having an annual effect on the economy of $100 million
or more, or adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or state, local or tribal governments or communities (also
referred to as ``economically significant''); (2) creating serious
inconsistency or otherwise interfering with an action taken or planned
by another agency; (3) materially altering the budgetary impacts of
entitlement grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raising novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order.
Pursuant to the terms of the Executive Order, it has been
determined that this action is not a ``significant regulatory action''
within the meaning of the Executive Order. This action is an amendment
to the interim final regulations and merely extends the regulatory
sunset date to conform to the new statutory sunset date added by H.R.
4579.
D. Paperwork Reduction Act
The information collection provisions of MHPA incorporated in the
Department's interim final rules are currently approved under OMB
control numbers 1210-0105 (Notice to Participants and Beneficiaries and
Federal Government of Electing One Percent Increased Cost Exemption)
and 1210-0106 (Calculation and Disclosure of Documentation of
Eligibility for Exemption). Because this action does not change the
approved information collection provisions, no submission for OMB
approval is being made in connection with this interim final amendment.
OMB's approvals of the two information collection requests referred to
above are currently scheduled to expire on January 31, 2008, and
December 31, 2007, respectively.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA) imposes
certain requirements with respect to Federal rules that are subject to
the notice and comment requirements of section 553(b) of the
Administrative Procedure Act (5 U.S.C. 551 et seq.). Because this
amendment to the interim final regulations is being published on an
interim final basis, without prior notice and a period for comment, the
Regulatory Flexibility Act does not apply.
F. Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) (UMRA), as well as Executive Order 12875, this interim final
amendment does not include any Federal mandate that may result in
expenditures by state, local, or tribal governments, and does not
include mandates that may impose an annual expenditure of $100 million
or more on the private sector.
G. Congressional Review Act
This interim final amendment is subject to the Congressional Review
Act provisions of the Small Business Regulatory Enforcement Fairness
Act of 1996 (5 U.S.C. 801 et seq.) (SBREFA), and has been transmitted
to Congress and the Comptroller General for review. This amendment to
the interim final regulations is not a major rule, as that term is
defined by 5 U.S.C. 804.
H. Federalism Statement
Executive Order 13132 (August 4, 1999) outlines fundamental
principles of federalism and requires the adherence to specific
criteria by Federal agencies in the process of their formulation and
implementation of policies that have substantial direct effects on the
states, the relationship between the states, the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. This
interim final amendment does not have federalism implications as it
only conforms the regulatory sunset date to the new statutory sunset
date added by H.R. 4579.
List of Subjects in 29 CFR Part 2590
Continuation coverage, Disclosure, Employee benefit plans, Group
health plans, Health care, Health insurance, Medical child support,
Reporting and recordkeeping requirements.
Employee Benefits Security Administration
0
29 CFR part 2590 is amended as follows:
[[Page 13939]]
PART 2590--RULES AND REGULATIONS FOR GROUP HEALTH PLANS
0
1. The authority for part 2590 continues to read as follows:
Authority: 29 U.S.C. 1027, 1059, 1135, 1161-1168, 1169, 1181-
1183, 1181 note, 1185, 1185a, 1185b, 1191, 1191a, 1191b, and 1191c,
sec. 101(g), Pub. L. 104-191, 101 Stat. 1936; sec. 401(b), Pub. L.
105-200, 112 Stat. 645 (42 U.S.C. 651 note); Secretary of Labor's
Order 1-2003, 68 FR 5374 (Feb. 3, 2003).
Sec. 2590.712 [Amended]
0
2. Amend Sec. 2590.712 (f)(1), (g)(2), and (i) by removing the date
``December 31, 2005'' and add in its place the date ``December 31,
2006'' wherever it appears in these paragraphs.
Signed at Washington, DC this 15th day of March, 2006.
Ann L. Combs,
Assistant Secretary, Employee Benefits Security Administration.
[FR Doc. 06-2655 Filed 3-17-06; 8:45 am]
BILLING CODE 4510-29-P
